Proviso. STATUTE I. said act, of the property of the United States, and all persons in their service, from any toll whatever: And provided further, That an annual report shall be made to the Secretary of the Treasury of the United States, of the rate and amount of tolls charged or collected on said canals, and their application. APPROVED, June 23, 1836. June 23, 1836. CHAP. CXX.-An Act supplementary to the act entitled "An act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes.” Act of June 15, 1836, ch. 100. Propositions offered for the acceptance of the General Assembly of Arkansas. Sections of Salt springs. Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of the propositions submitted to the Congress of the United States, by an ordinance passed by the convention of Delegates at Little Rock, assembled for the purpose of making a constitution for the State of Arkansas, which are hereby rejected; and that the following propositions be, and the same. are hereby, offered to the General Assembly of the State of Arkansas, for their free acceptance or rejection, which if accepted, under the authority granted to the said General Assembly, for this purpose, by the convention which framed the constitution of the said State, shall be obligatory upon the United States : First. That section numbered sixteen in every township, and when land for schools. such section has been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of the inhabitants of such township for the use of schools. Second. That all salt springs not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said State, for the use of said State, the same to be selected by the General Assembly thereof on or before the first day of January, one thousand eight hundred and forty; and the same, when so selected, to be used under such terms, conditions, and regulations, as the General Assembly of the said State shall direct: Provided, That no salt spring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said State: And provided also, That the General Assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress; and that nothing contained in the act of Congress entitled "An act authorizing the Governor of the Territory of Arkansas to lease the salt springs in said Territory, and for other purposes," or in any other act, shall be construed to give to the said State any further or other claim whatsoever, to any salt springs or lands adjoining thereto, than to those hereby granted: Proviso. 1832, ch. 70. Per centage Third. That five per cent. of the nett proceeds of the sale of lands upon lands sold, lying within the said State, and which shall be sold by Congress, from and after the first day of July next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals within the said State, under the direction of the General Assembly thereof. to be applied to roads and canals. Completion of the public buildings. 1831, ch. 66. 1832, ch. 172. Fourth. That a quantity of land not exceeding five sections be, and the same is hereby, granted to the said State in addition to the ten sections which have already been granted, for the purpose of completing the public buildings of the said State at Little Rock; which said five sections shall, under the direction of the General Assembly of said State, be located, at any time, in legal divisions of not less than onequarter section, in such townships and ranges as the General Assembly aforesaid may select, on any of the unappropriated lands of the United States within the said State. Fifth. That the two entire townships of land which have already been located by virtue of the act entitled "An act concerning a seminary of learning in the Territory of Arkansas," approved the second of March, one thousand eight hundred and twenty-seven, are hereby vested in and confirmed to the General Assembly of the said State, to be appropriated solely to the use of such seminary by the General Assembly: Provided, That the five foregoing propositions herein offered, are on the condition that the General Assembly or Legislature of the said State, by virtue of the powers conferred upon it by the convention which framed the constitution of the said State, shall provide by an ordinance irrevocable without the consent of the United States, that the said General Assembly of said State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, whilst they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively. APPROVED, June 23, 1836. CHAP. CXXI.-An Act supplementary to the act entitled "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 on certain conditions." Seminary of learning. 1827, ch. 53. Proviso. STATUTE I. June 23, 1836. Act of June 15, 1836, ch. 99. Propositions offered for the acceptance of the Legislature of Michigan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of the propositions submitted to the Congress of the United States by an ordinance passed by the convention of delegates at Detroit, assembled for the purpose of making a constitution for the State of Michigan, which are hereby rejected; and that the following propositions be, and the same are hereby offered to the Legislature of the State of Michigan, for their acceptance or rejection, which if accepted, under the authority conferred on the said Legislature by the Convention which framed the constitution of the said State, shall be obligatory upon the United States. First. That section numbered sixteen in every township of the public land for schools. lands, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of schools. Second. That the seventy-two sections of land set apart and reserved for the use and support of a university by an act of Congress approved on the twentieth day of May, eighteen hundred and twenty-six, entitled "An act concerning a seminary of learning in the Territory of Michigan," are hereby granted and conveyed to the State, to be appropriated solely to the use and support of such university, in such manner as the Legislature may prescribe; And provided, also, That nothing herein. contained shall be so construed as to impair or affect in any way the rights of any person or persons claiming any of said seventy-two sections of lands, under contract or grant from said university. Sections of Sections of land for university Act of May 20, 1826, ch. 89. Proviso. Erection of Third. That five entire sections of land, to be selected and located under the direction of the Legislature, in legal divisions of not less public buildthan one quarter section, from any of the unappropriated lands belongings. ing to the United States within the said State, are hereby granted to the State for the purpose of completing the public buildings of the said State, or for the erection of public buildings at the seat of Government of the said State, as the Legislature may determine and direct. Salt springs. Proviso. Proviso. Per centage upon lands sold, to be applied to roads and canals. Proviso. STATUTE I. Fourth. That all salt springs within the State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to the said State for its use, the same to be selected by the Legislature thereof, on or before the first of January, eighteen hundred and forty; and the same, when so selected, to be used on such terms, conditions, and regulations, as the Legislature of the said State shall direct: Provided, That no salt spring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said State: And provided, also, That the General Assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress. Fifth. That five per cent. of the nett proceeds of the sales of all public lands lying within the said State, which have been or shall be sold by Congress, from and after the first day of July, eighteen hundred and thirty-six, after deducting all the expenses incident to the same, shall be appropriated, for making public roads and canals within the said State, as the Legislature may direct: Provided, That the five foregoing propositions herein offered, are on the condition that the Legislature of the said State, by virtue of the powers conferred upon it by the convention which framed the constitution of the said State, shall provide, by an ordinance irrevocable without the consent of the United States, that the said State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers thereof: and that no tax shall be imposed on lands the property of the United States; (a) and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, whilst they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively. APPROVED, June 23, 1836. June 28, 1836. CHAP. CCXXX.—An Act to provide for the paying of certain pensioners of the United States, at Pulaski, in the State of Tennessee. Secretary of War to establish an agency at Pulaski. Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and required to establish a pension agency, at Pulaski, in the State of Tennessee, for the payment of all pensioners of the United States, resident in the counties of Lincoln, Giles, Lawrence, and Wayne, in said State; Provided, That the establishment of such agency can be made without any charge to the United States. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and hereby is authorized to make the necessary arrangement for the payment of said pensioners. (a) Taxes by the laws of Michigan upon lands sold by the United States: When the purchaser of land from the United States has paid for it, and received a final certificate, it is taxable property, according to the statutes of Michigan; although a patent has not yet been issued. Carroll v. Stafford, 3 Howard, 441. Taxation upon lands so held, is not a violation of the ordinance of 1787, as "an interference with the primary disposition of the soil by Congress;" nor, is it a tax on the lands of the United States. The State of Michigan could rightfully impose the tax. Ibid. It was competent for the State to assess and tax the lands at their full value, as the absolute property of the holder of the final certificate; and in default of payment, to sell them as if the holder of the certificate owned them in fee. Ibid. SEC. 3. And be it further enacted, That this act shall take effect from and after the first day of August next. APPROVED, June 28, 1836. CHAP. CCXXXI.—An Act to disapprove and annul certain acts of the Territorial Legislature of Florida, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no act of the Territorial Legislature of any of the Territories of the United States, incorporating any bank or any institution with banking powers or privileges, hereafter to be passed, shall have any force or effect whatever, until approved and confirmed by Congress. SEC. 2. And be it further enacted, That the following acts of the Territorial Legislature of Florida, namely: an act entitled "An act to incorporate the Bank of St. Joseph," passed February twelfth, eighteen hundred and thirty-six; an act entitled "An act to incorporate the Florida Insurance and Banking Company," passed February tenth, eighteen hundred and thirty-six; an act passed February fourteenth, eighteen hundred and thirty-six, entitled "An act to incorporate the St. Joseph Insurance Company," and all other acts and parts of acts, passed by the said Territorial Legislature of Florida, in the year eighteen hundred and thirty-six, creating banks or extending banking corporations, or corporations with banking powers, or conferring banking powers on any corporation or institution whatever, be, and the same hereby are disapproved and annulled. APPROVED, July 1, 1836. CHAP. CCXXXII.—An Act to change the time of holding the district court of the APPROVED, July 1, 1836. CHAP. CCXXXIII.—An Act explanatory of an act entitled “An act to release from APPROVED, July 1, 1836. CHAP. CCXXXIV.-An Act to provide for the due execution of the laws of the July 1, 1836. United States within the State of Michigan.(a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws of the United States which are not locally inapplicable, shall have the same force and effect within the State of Michigan, as elsewhere within the United States. Laws of the United States in force. (a) Notes of the acts which have been passed relative to Michigan; act of Feb. 16, 1819, chap. 22. F District court. Act of June 15, 1836, ch. 99. Act of June SEC. 2. And be it further enacted, That the said State shall be one district, and be called the District of Michigan; and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at the seat of government of the said State, two sessions of the said district court annually on the first Mondays in May and October; and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district under an act entiAct of Sept. tled "An act to establish the judicial courts of the United States." He shall appoint a clerk for the said district, who shall reside and keep the records of the said court at the place of holding the same, and shall receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is by law entitled for similar services. 23, 1836, ch. 121. 24, 1789, ch. 20. Salary to be paid the judge. Attorney. Marshal. Proviso. 1836, ch. 99. STATUTE I. July 1, 1836. [Obsolete.] Pay of officers, &c. for 1835. 1836. SEC. 3. And be it further enacted, That there shall be allowed to the judge of the said district court, the annual compensation of fifteen hundred dollars, to commence from the date of his appointment, to be paid quarterly at the Treasury of the United States. SEC. 4. And be it further enacted, That there shall be appointed in the said district, a person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid annually by the United States, two hundred dollars, as a full compensation for all extra services; the said payment to be made quarter-yearly at the Treasury of the United States. SEC. 5. And be it further enacted, That a marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees as are prescribed and allowed to marshals in other districts, and shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services: Provided, however, That this act shall not take effect until the State of Michigan shall be admitted into the Union, according to the provisions of the act entitled "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 on certain conditions." APPROVED, July 1, 1836. CHAP. CCXXXV.—An Act making appropriation for the payment of charges incurred for the support of the Penitentiary in the District of Columbia, for the year eighteen hundred and thirty-five, and for the support of said Penitentiary for the year one thousand eight hundred and thirty-six. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in addition to the unexpended balance of six thousand four hundred and seventy-one dollars and fifty-eight cents of a former appropriation, there shall be, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of eight thousand eighty-four dollars and seventy-three cents, for the pay of officers, the purchase of materials and implements, the support of prisoners, and other contingent expenses of the said penitentiary, for and during the year eighteen hundred and thirty-five. SEC. 2. And be it further enacted, That, for the support of the penitentiary for the year one thousand eight hundred and thirty-six, including the pay of the officers, the purchase of materials and implements, the support of prisoners, and other contingent expenses of the said penitentiary, the sum of fourteen thousand dollars be, and hereby is, appropriated out of any money in the Treasury not otherwise appropriated. APPROVED, July 1, 1836. |