Proviso. Proviso. and authority of the government of Michigan in and over the Territory hereby constituted, shall cease: Provided, That nothing in this act contained shall be construed to impair the rights of person or property now appertaining to any Indians within the said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to impair the obligations of any treaty now existing between the United States and such Indians, or to impair or anywise to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, or law, or otherwise, which it would have been competent to the Government to make if this act had never been passed: Provided, That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing the Territory hereby established into one or more other Territories, in such manner, and at such times, as Congress shall, in its discretion, deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States. (a) Powers of the SEC. 6. And be it further enacted, That the legislative power of the legislature. Territory shall extend to all rightful subjects of legislation; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. (b) (a) See Nos. 378, 394, 487, 491, 498, 499, 597, 602, 603, 606, 608, 613, 622, 624, 626, 629. June 15, 1836. No. 601.-AN ACT to divide the Green Bay land district in Michigan, and for Vol. 5, p. 48. other purposes. [See MICHIGAN, No. 490a.] June 15, 1836. June 23, 1836. July 2, 1836. March 3, 1837. No. 602.-AN ACT to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed. [See MICHIGAN, No. 491.] No. 603.—AN ACT to settle and establish the northern boundary of the State of No. 604.-AN ACT for laying off the towns of Fort Madison and Burlington, in the county of Des Moines, and the towns of Belleview, Du Buque, and Peru, in the county of Du Buque, Territory of Wisconsin, and for other purposes. [See IOWA, No. 1757.] No. 605.-AN ACT to amend an act entitled "An act for laying off the towns of Fort Madison and Burlington, in the county of Des Moines, and the towns of Belleview, Du Buque, and Peru, in the county of Du Buque, and Mineral Point, in the county of Iowa, Territory of Wisconsin, and for other purposes," approved July second, eighteen hundred and thirty-six. [See IOWA, No. 1758.] June 12, 1838. No. 606.-AN ACT to divide the Territory of Wisconsin and to establish the Ter Vol. 5, p. 235. ritorial government of Iowa. [See IOWA, No. 1759.] No. 607.—AN ACT to create the office of surveyor of public lands in the Wiscon sin Territory. June 12, 1838. Vol. 5, p. 243. Be it enacted, &c., That a surveyor for the Territory of Wisconsin sha..l A surveyor to be appointed, who shall have the same authority, and perform the same be appointed, duties respecting the public lands and private land claims in the Ter- who shall have ritory of Wisconsin, as are now vested in and required of the survey or rity, &c. of the lands of the United States in Ohio. the same autho Wisconsin all SEC. 2. And be it further enacted, That it shall be the duty of the sur Surveyor for veyor for Ohio to deliver to the surveyor for Wisconsin Territory, all Ohio to deliver the maps, papers, records, and documents relating to the public lands to surveyor for and private land claims in the said Territory of Wisconsin, which may maps, &c., in his be in his office; and in every case where it shall be impracticable to office, relating to make a separation of such maps, papers, records and documents, with- lands in Wiscon out injury, it shall be his duty to cause copies thereof, certified by him, sin; or certified to be furnished to the surveyor for Wisconsin Territory; which copies shall be of the same validity as the originals. And the Secretary of the Expense of the Treasury is hereby authorized to cause the expense attending the trans- transfer to be fer of the records to be paid out of the appropriation for surveying the paid, &c. public lands. copies. tablish his office at Dubuque. Salary. Authorized to employ a drafts. man and clerk; their salaries. Office rent, &c. SEC. 3. And be it further enacted, That the surveyor for Wisconsin Survey or of Territory, to be appointed in pursuance of this act, shall establish his Wisconsin to es office at the town of Du Buque, in the Territory of Wisconsin; and that he shall be allowed an annual salary of fifteen hundred dollars, to commence at such period as his office shall be in readiness for operation; and he shall be authorized to employ one draughtsman and clerk, whose aggregate compensation shall not exceed sixteen hundred dollars per annum. He shall also be allowed the sum of three hundred and fifty dollars per annum, for office rent, fuel, and other incidental expenses of his office; to be paid out of any money appropriated for surreying the public land. (a) (a) See Nos. 598, 655, 656, 668. No. 608.—AN ACT to ascertain and designate the boundary line between the State of Michigan and the Territory of Wisconsin. [See MICHIGAN, No. 498.] June 12, 1838. June 12, 1838. Secretary apart not exceed No. 609.—AN ACT concerning a seminary of learning in the Territory of Wisconsin. Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, authorized to set apart and reserve from sale, out of any of the public lands within the Territory of Wisconsin, to which the Indian title has been, or may be, extinguished, and not otherwise appropriated, a ing two townquantity of land not exceeding two entire townships, for the use and ships of land for support of a university within the said Territory, and for no other use the use of a unior purpose whatsoever; to be located in tracts of land of not less than versity. an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed. (a) (a) See Nos. 622, 626, 629, 640. No. 610.-AN ACT to grant a quantity of land to the Territory of Wisconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock River. June 18, 1838. Certain lands Be it enacted, &c., That there be, and hereby is, granted to the Territory of Wisconsin, for the purpose of aiding in opening a canal to unite granted to Wis the waters of Lake Michigan, at Milwaukee, with those of Rock River, cousin to aid in opening a canal, between the point of intersection with said river, of the line dividing &c. townships seven and eight and the Lake Koshkonong, all the land heretofore not otherwise appropriated or disposed of in those sections and fractional sections which are numbered with odd numbers on the plats of the public surveys, within the breadth of five full sections, taken in north and south, or east and west tiers, on each side of the main route of said canal, from one end thereof to the other, and reserving the evennumbered ections and fractional sections, taken as above, to the United Lands so grantStates; and the said land, so granted to aid in the construction of said ed shall be subcanal, shall be subject to the disposal of the legislature of the said Ter- ject to the disporitory, for the purpose aforesaid, and no other: Provided, That the said sal of the legis canal, when completed, and the brauches thereof, shall be, and for ever Proviso. lature. Proviso. The governor remain, a public highway, for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the same: Provided, That said main canal shall be commenced within three years, and completed in ten years, or the United States shall be entitled to receive the amount for which any of said land may have been previously sold, and that the title to purchasers under the Territory shall be valid. (a) SEC. 2. And be it further enacted, That so soon as the route of the said shall transmit a main canal shall be definitely located and established, agreeably to an plat of the route, act of the legislature of said Territory, incorporating the Milwaukee missioner of the and Rock River Canal Company, approved January fifth, 1838, it shall General Land be the duty of the governor thereof, to transmit a plat of the same, showOffice, who shall ing its terminations and its connections with the section corners of the lands herein public surveys, to the Commissioner of the General Land Office, whose granted, and duty it shall be to ascertain, under the direction of the President of the cause lists of United States, the particular lands herein granted to said Territory; them to be pre- and shall cause duplicate lists of the same to be prepared from the plats pared, &c. &c., to the Com ascertain the Prices of the land. Sections divid on file in his office, one of which he shall transmit to the governor of said Territory, who, or such other person or persons as shall be appointed for the purpose, under the authority of the legislature of the said Territory, or of the State which may be erected out of the same, after the admission of such State, shall have power to sell or convey the whole, or any part of said land, at a price not less than two dollars and fifty cents per acre, and to give a title in fee-simple therefor, to whomsoever shall purchase the whole or any part thereof. SEC. 3. And be it further enacted, That the alternate sections and fractional sections which shall remain to the United States, agreeably to the first section of this act, shall not be sold for a less sum than two dollars and fifty cents per acre, nor be subject to pre-emption. (b) SEC. 4. And be it further enacted, That in reference to the provisions ed by route of of the first section of this act, where a section shall be divided by the main canal, how route of the main canal, such section shall be counted (in fixing the to be counted. lateral limits of said grant) as being on or towards that side of the line next the larger portion of said section, ascertained by reference to the mile-lines and corners of the sections, and the land and water thereby included. consin shall be &c. Whenever the SEC. 5. And be it further enacted, That whenever the Territory of WisTerritory of Wisconsin shall be admitted into the Union as a State, the lands hereby come a State, such granted for the construction of the said canal, or such part thereof as part of the lands may not have been already sold, and applied to that object, under the hereby granted direction of the Territorial government, shall vest in the State of Wisas may not have consin, to be disposed of under such regulations as the legislature been sold shall thereof may provide, the proceeds of sale to be applied to the construcvest in the State, tion of the said canal, or of such part thereof as may not have been Number of completed, and the State of Wisconsin shall be entitled to hold, in shares the State virtue of the grant hereby made, as many shares of the stock of the of Wisconsin may said canal as shall be equivalent to the aggregate of all the sums of hold in said canal, &c. money arising from the nett proceeds of the sales of the said lands, and applied to the construction of the canal, anything in the charter of the Milwaukee and Rock Liver Canal Company to the contrary notwithstanding, and shall be entitled to the same dividends on said stock as Provisions re- any other stockholder; aud in the event that the said State shall make lating to the no other adequate provision for purchasing out the residue of the stock claims of stock, of the said canal, the dividends of the State stock hereby acquired, and &o. Proviso. all other proceeds of the sales of the lands hereby granted, shall constitute a fund, and be applied to the extinguishment of the claims of all other stockholders, until the entire stock vested in the canal shall have been acquired by the State: after which, and after the said State shall have been reimbursed for all expenses incurred out of her own proper funds in the construction and repairs of said canal, no other tolls or charge whatever, for the use or navigation of the said canal shall be levied, except to such amount as may be required to keep the said canal and the works appurtenant thereto in good repair, and provide for the collection of the tolls and the superintendence of said canal: Provided, moreover, That no part of the said lands shall be sold for less than two dollars and a half per acre, nor any sale made until after three months' public notice thereof, and to the highest bidder; but in case such price cannot be obtained therefor, within five years from the first sale attempted to be made, it shall and may be lawful for the Territorial or State legislature of Wisconsin to reduce the minimum price of the said lands. all moneys re. SEC. 6. And be it further enacted, That the said State of Wisconsin, Wisconsin reshall be held responsible to the United States, and for the payment into sponsible to the the Treasury thereof, of the amount of all moneys received upon the United States for sale of the whole or any part of said land, at the price at which the ceived, &c. same shall be sold, not less than two dollars and fifty cents per acre, if the said main canal shall not be commenced within three years, and completed within ten years, pursuant to the provisions of the act creating said canal corporation. quired. re SEC. 7. And be it further enacted, That, in order to render effectual the Assent of the provisions of this act, the legislature of the State to be erected or legislature admitted out of the territory now comprised in Wisconsin Territory, east of the Mississippi, shall give their assent to the same by act to be duly passed. SEC. 8. And be it further enacted, That, for the purpose of securing a The legislature better price for the lands hereby granted, and expediting the construc- of Wisconsin may tion of the said canal, the Territorial legislature of Wisconsin may bor- borrow upon a row, upon a pledge of the said lands, such sum or sums of money as they age of said may think expedient, and defer the sale of said lands, or any part thereof, until such time or times, not exceeding two years beyond the period of the completion of said canal, as they may deem expedient; and for such sum or sums as may be so borrowed, and applied to the construction of said canal, the State of Wisconsin shall be entitled to such interest in the stock of said canal as shall be equivalent thereto in amount, and the interest so acquired shall be subject to all the obligations and restrictions provided in the last section of this act. SEC. 9. And be it further enacted, That the assent of Congress is hereby Assent of Congiven to the act of the Territorial legislature of Wisconsin entitled an gress hereby act to incorporate the Milwaukee and Rock River Canal Company, sub- given to the act of the legisla ject to the preceding modifications and to the following provision; that ture of Wisconin estimating the principal sum and interest to be paid by the said Ter- sin, incorporatritory or the future State of Wisconsin to the stockholders of the said ing the Milwau canal, a credit shall be given to the Territory or State for all dividends kee and Rock River Canal Comreceived by the said stockholders prior to the extinguishment of their pany. interest in the said canal, in the mode provided by the twenty-third section of the said act of incorporation. SEC. 10. And be it further enacted, That Congress may, at any time Tolls. until said Territory shall be admitted as a State, prescribe and regulate the tolls to be received by said company; and after said Territory shall be admitted as a State, the legislature thereof shall possess the like power; and said act of incorporation is hereby approved, subject to the modification and conditions aforesaid. SEC. 11. And be it further enacted, That the Secretary of the Treasury Lands probably shall reserve from sale the lands probably falling within the limits of falling within said grant, and the lands which, by the first section, were reserved to limits of said the United States, until the said canal can be located and the lands grant, &c., to be selected as contemplated by this act, and no pre-emption right shall sale. attach thereto. (a) See Nos. 626, 629, 661. (b) See Nos. 389, 599, 601, 616, 626, 627, 629, 630, 635, 644, 649, 650, 654, 656, 659, 663, 667, 679, 680, 686, 694. reserved from No. 611.—AN ACT for the relief of the Brothertown Indians, in the Territory of Wisconsin. March 3, 1839. among, &c. Be it enacted, &c., That the township of land containing twenty-three A township of thousand and forty acres, lying on the east side of Winnebago Lake, in land, lying, &c.. the Territory of Wisconsin, which, by the proviso of a treaty made with may be divided the Menomonie Indians on the seventeenth February, eighteen hundred and thirty-one, and ratified on the ninth July 1832, was reserved for the use of the Brotherton or Brothertown Indians, and which by a subsequent treaty with the Menomonie tribe, bearing date 27th October 1832, and ratified 13th March 1833, was further secured to the said Brothertown Indians, may be partitioned and divided among the different individuals composing said tribe of Brothertown Indians, and may be held by them separately and severally in fee-simple, after such division shall have been made in the manner hereafter mentioned. SEC. 2. And be it further enacted, That, for the purpose of making partition and division of said lands among the individuals of said tribe of to be made by a Said division board of commis- Brothertown Indians, a board of commissioners shall be constituted, to sioners. consist of five of the principal or head men of said tribe, a majority of whom shall constitute a quorum to do business, whose duty it shall be to make a just and fair partition and division of said lands among the members of said tribe, or among such of them as, by the laws and customs and regulations of said tribe, are entitled to the same, and in such proportions and in such manner as shall be consistent with equity and justice, and in accordance with the existing laws, customs, usages, or agreements of said tribe. A meeting to SEC. 3. And be it further enacted, That, for the purpose of electing be held for the or choosing said board of commissioners, a meeting of said tribe shall election, &c. be held at their church, or principal place, on the reservation of land aforesaid, on the first Monday in July next, at which all the male members of said tribe over the age of twenty-one years shall be allowed to vote for such commissioners; and the said five commissioners shall then and there be chosen or elected by the said tribe, by a majority of the whole number of such voters then present. And the judge of the district in which said lands are situated (or in his absence the register of the land office at Green Bay, or the commanding officer of the United States troops at Fort Howard) shall attend at the time and place aforesaid, and preside at said meeting, superintend the said election, and see that the proceedings are fairly conducted: and the said presiding officer may, in his discretion, prescribe whether the said election shall be by ballot or viva voce; and shall in other respects cause the proceedings to be conducted in such manner as to ensure a fair and proper choice or election; and after the said commissioners shall have been so chosen or elected, the said presiding officer shall immediately certify that fact, setting forth the names of the commissioners who shall be elected, and shall make two copies of said certificate, one of which he shall file in the office of the register of the land district at Green Bay, and the other he shall transmit by mail to the President of the United States. Division, how to be made. Proviso. Commissioners SEC. 4. And be it further enacted, That after the said commissioners shall have been elected or chosen as above prescribed, and as soon thereafter as conveniently may be, they shall proceed to make partition and division of all the lands aforesaid among the individual members of said tribe, or among such of them as, by the laws, customs, usages, or agreements of said tribe are justly entitled to the same, and in such way and manner, and upon such principles and in such proportions as shall be agreeable to equity and justice, and consistent with the laws, usages, customs, and agreements of said tribe: Provided, however, That the buildings and improvements, and the farms on which the same are situated, which are now held or possessed in severalty by the members of said tribe, shall, so far as the same can consistently be done, be allotted or apportioned to the present occupants; and that no person or individual of said tribe shall be dispossessed or deprived of the improvements or land which they now occupy, unless it shall be found by the said commissioners that such person or persons are in the possession of and occupying more land than they are justly entitled to, and then the overplus may be apportioned to others. SEC. 5. And be it further enacted, That after the said commissioners to report their shall have made such partition and division as aforesaid, they shall proceedings, &c. make, or cause to be made, a full report of their proceedings in the premises, setting forth the name of each person to whom they have apportioned any part of said land, the quantity apportioned or allotted to each, with the metes and bounds, or other definite description of each several piece or parcel of land; and they shall accompany the said report A map to ac- with a fair and accurate map of the whole, showing the divisions and company the re- partitions aforesaid; which report and map, or a copy thereof, shall be port, &c. deposited with the town clerk of said tribe, on or before the first day of October next, and shall remain open for inspection to all, for the Proceedings to space of twenty days thereafter; and if any member or members of said be had if objec- tribe shall object to the partition or division so made by the said commissioners, or shall deem himself or themselves aggrieved thereby, he or they may, within ten days thereafter, give notice thereof to the said commissioners, who shall, within twenty days thereafter, meet to hear and determine such grievances, and take testimony if necessary; and after such bearing, shall have power to alter or modify such partition, if, in their judgment, any alteration or modification is necessary, in order to do equal and exact justice to all parties in interest. tion is made. Copy of report SEC. 6. And be it further enacted, That, after the said report shall be |