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sent the claim, and which, being presented to the General Land Office at Washington, shall entitle the party interested to a patent therefor: Provided, That any claimant to a tract of land so surveyed and platted Proviso. as aforesaid, who shall, within one year from the passage of this act, file, in writing, with the surveyor general south of Tennessee, his exception to the regularity of the survey so heretofore made, setting forth in what respect said survey is erroneous, the surveyor general shall examine such exception, and, if found to be well taken, shall order a re-survey of the claim, and (a) after proper notice to the party interested ; and, after proper notice, he may order a re-survey of any other claims which, in his opinion, may be indispensably necessary, by reason of errors or defects in the survey, on the ground, which, being returned and approved, shall be certified to the register and receiver at Augusta, on which a patent certificate shall be issued, as before directed: Provided, also, That all Further proactual surveys of claims in said district, which shall not be excepted to within the year aforesaid, or which the surveyor general may not find it indispensably necessary to have re-surveyed by reason of any errors or defects, as aforesaid, shall, after that time, be deemed unexceptionable, so far as relates to the title of the United States, and shall thenceforth be proceeded in and perfected to patent. Sec. 2. And be it further enacted, That all re-surveys which may be Re-surveys to
be executed unordered by virtue of this act shall be executed under the direction of the
der direction of surveyor south of Tennessee, subject to orders from the General Land
surveyor south Office; and all services which shall be rendered in execution of this act of Tennessee. shall be audited, charged, and paid for, as similar services were required Expenses of to be by former laws and regulations in reference to similar claims. Sec. 3. And be it further enacted, That when, in any case it shall Surveyor 10
issue a warrant appear to the surveyor general that the survey of any claim hereby con
for deficiencies firmed is deficient in the quantity of land confirmed to the claimant, by in a resurvey. a number of acres equal to forty or more, then the said surveyor general shall issue to the claimant a warrant, entitling him to a quantity of land, which in the subdivision of the public lands of the United States, shall not exceed in quantity the number of acres found deficient in the claimant's original survey; which entry may be made on any lands subject to entry in said district.
Sec. 4. And be it further enacted, That this act shall not be construed Conflicting as aiding the title survey or location of any claim, to the prejudice of claims to be de. any other claim with which its pretensions and location may conflict; isting laws.
cided under exbut all such conflicting rights and locations shall remain subject to existing laws: Provided, however, That, in any such case of conflict, in Proviso. addition to the powers conferred on the surveyor general by this act, it shall be lawful for him, when the conflicting claimants may compromise, by the relinquishment of one of the claimants of his entire location, or so much of it as conflicts with the location of another claim, to grant a warrant to the relinquishing claimant, which shall entitle him to enter an equal quantity with the land relinquished of any land subject to entry in the district of the laxd surrendered.
Sec. 5. And be it further enacted, That all confirmation and evidence Confirmation of title which shall be made or issued in the name of the original claim- of evidence of ant or confirmee, by virtue of this act, shall inure to the use and benefit name of original of those who may be jointly or severally entitled to the lands in the claimants, to several claims referred to, either by descent or purchase, as if such per- nefit of persons
inure to the be. sons were specially named therein.
entitled. APPROVED, March 3, 1845.
(a) It is “ and" in the original, but probably a mistake.
Academy for the year ending the thirlieth June, eighteen hundred and forty-
Be it enacted by the Senate and House of Representatives of the Appropria United States of America in Congress assembled, That the following tions.
sums be, and the same are hereby appropriated out of any money in the treasury not otherwise appropriated, for the support of the Military Academy, for the year ending on the thirtieth of June, eighteen hun
dred and forty-six : Pay.
For the pay of officers, instructors, cadets, and musicians, seventy
nine thousand four hundred and sixty dollars; Subsistence.
For commutation of subsistence, three thousand five hundred and
seventy-seven dollars; Forage of offi. For commutation of forage for officers' horses, two thousand five huncers' horses. dred and ninety-two dollars; Clothing of of. For clothing for their servants, four hundred and twenty dollars; ficers' servants. For repairs and improvements, fuel and apparatus, forage of public
Incidental and contingent ex
horses and oxen, stationery, printing and other incidental and continpenses. gent expenses, twenty-two thousand dollars; Barracks. For the building of barracks for cadets, thirty thousand dollars : Prom
vided, That this appropriation, and the unexpended balance of the one heretofore made for this object, shall be applied exclusively to the completion of that portion of the barracks which is designed to accommo
date the cadets usually quartered in the sold uth barracks." Pay of a cadet. Sec. 2. And be it further enacted, That from and after the thirtieth
June, eighteen hundred and forty-five, the pay of a cadet shall be twenty-four dollars per month, in lieu of the present pay and emoluments.
APPROVED, March 3, 1845. STATUTE II. March 3, 1845. Chap. XLVIII.-An Act for the admission of the States of Iowa and Florida inte
the Union. (a) Preamble. Whereas, the people of the Territory of Iowa did, on the seventh day
of October, eighteen hundred and forty-four, by a convention of delegates called and assembled for that purpose, form for themselves a
constitution and State government; and whereas, the people of the Act of March Territory of Florida did, in like manner, by their delegates, on the 3, 1845, ch. 75, and ch, 76.
eleventh day of January, eighteen hundred and thirty-nine, form for themselves a constitution and State government, both of which said constitutions are republican; and said conventions having asked the admission of their respective Territories into the Union as States, on
equal footing with the original States: Iowa and Flo.
Be it enacted by the Senate and House of Representatives of the United rida declared to States of America in Congress assembled, That the States of Iowa and be States, on an Florida be, and the same are hereby, declared to be States of the United equal footing with the original
States of America, and are hereby admitted into the Union on equal States.
footing with the original States, in all respects whatsoever. Boundaries of Sec. 2. And be it further enacted, That the following shall be the Iowa.
boundaries of the said State of Iowa, to wit: Beginning at the mouth 1846, ch. 82. of the Des Moines river, at the middle of the Mississippi, thence by the
middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato, or Blue-Earth river, thence west along the said parallel of latitude to a point where it is intersected by a meridian line, seventeen degrees and thirty minutes west of the meridian of Washington city, thence due south to the northern boundary line of the State of Missouri, thence eastwardly following that boundary to the
(a) Notes to the act of June 12, 1838, ch. 96.
this act necessary.
point at which the same intersects the Des Moines river, thence by the middle of the channel of that river to the place of beginning.
Sec. 3. And be it further enacted, That the said State of Iowa shall Iowa to have have concurrent jurisdiction on ver Mississippi, and every other concurrent ju. river bordering on the said State of Iowa, so far as the said rivers shall Mississippi and form a common boundary to said State, and any other State or States other rivers. now or hereafter to be formed or bounded by the same: Such rivers to be common to both: And that the said river Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa. Sec. 4. And be it further enacted, That it is made and declared to
Assent of peobe a fundamental condition of the admission of said State of Iowa into ple of lowa to the Union, that so much of this act as relates to the said State of Iowa shall be assented to by a majority of the qualified electors at their township elections, in the manner and at the time prescribed in the sixth section of the thirteenth article of the constitution adopted at lowa city the first day of November, anno Domini eighteen hundred and fortyfour, or by the legislature of said State. And as soon as such assent shall be given, the President of the United States shall announce the same by proclamation; and therefrom and without further proceedings on the part of Congress the admission of the said State of Iowa into the Union, on an equal footing in all respects whatever with the original States, shall be considered as complete. Sec. 5. And be it further enacted, That said State of Florida shall
Florida. embrace the territories of East and West Florida, which by the treaty of amity, settlement and limits between the United States and Spain, on the twenty-second day of February, eighteen hundred and nineteen, were ceded to the United States.
Sec. 6. And be it further enacted, That until the next census and Lowa and Floapportionment shall be made, each of said States of lowa and Florida have one represhall be entitled to one representative in the House of Representatives sentative in of the United States.
Congress. Sec. 7. And be it further enacted, That said States of Iowa and Jowa and FloFlorida are admitted into the Union on the express condition that they fere with, or tax shall never interfere with the primary disposal of the public lands lying the public lands. within them, nor levy any tax on the same whilst remaining the property of the United States: Provided, That the ordinance of the con- Ordinance of vention that formed the constitution of Iowa, and which is appended to of Iowa noi ob.
the the said constitution, shall not be deemed or taken to have any effect or ligatory on U.S. validity, or to be recognised as in any manner obligatory upon the Government of the United States. APPROVED, March 3, 1845.
STATUTE II. CHAP. LXIII. — An Act making appropriations for certain fortifications of the March 3, 1815.
United States, for the year ending on the thirtieth of June, eighteen hundred and forty-six.
Obsolete.) Be it enacted by the Senate and House of Representatives of the
AppropriaUnited States of America in Congress assembled, That the following
tions. sums be, and they are hereby appropriated, to be paid out of any unappropriated money in the Treasury for the preservation, repairs, and construction of certain fortifications for the fiscal year beginning on the first day of July, one thousand eight hundred and forty-five, and ending on the thirtieth day of June, one thousand eight hundred and fortysix :
For defensive works and barracks near Detroit, Michigan, thirty-five Detroit. thousand dollars ;
Penobscot river. Fort Preble.
Fort Indepen. dence. Fort Warren.
Fort Hamilton. Fort Washing ton.
For defensive works and barracks near Buffalo, New York, thirty-five thousand dollars;
For repairs of Fort Ontario, near Oswego, New York, seven thousand five hundred dollars;
For fortifications at the outlet of Lake Champlain, New York, thirty thousand dollars;
For fort at narrows of the Penobscot river, ncar Bucksport, Maine, twenty thousand dollars;
For repairs of Fort Preble, Portland harbor, Maine, ten thousand dollars;
For repairs of Fort McClary, Portsmouth harbor, New Hampshire, two thousand five hundred dollars ;
For repairs of Fort Independence, and sea-wall of Castle island, Boston harbor, Massachusetts, seven thousand dollars ;
For Fort Warren, Boston harbor, Massachusetts, fifty thousand dollars ;
For Fort Adams, Newport harbor, Rhode Island, ten thousand dollars;
For rebuilding Fort Trumbull, New London harbor, Connecticut, thirty thousand dollars ;
For Fort Schuyler, East river, New York, sixty thousand dollars;
For repairs of Fort Wood, and sea-wall of Bedloe's island, New York, thirty-five thousand dollars;
For repairs of Fort Hamilton, New York, twenty thousand dollars;
For repairs of Fort Washington, Potomac river, Maryland, twenty thousand dollars;
For Fort Monroe, Hampton roads, Virginia, sixty thousand dollars:
For Fort Calhoun, Hampton roads, Virginia, fifteen thousand dollars ;
For repairs and protection of site of Fort Macon, Beaufort harbor, North Carolina, six thousand dollars;
For preservation of the site of Fort Moultrie, Charleston harbor, South Carolina, twelve thousand dollars;
For dike to Drunken Dick shoal, Charleston harbor, South Carolina, thirty-five thousand dollars;
For Fort Sumter, Charleston harbor, South Carolina, seventy thousand dollars;
For preservation of the site of Fort Johnson, Charleston harbor, South Carolina, one thousand dollars;
For Fort Pulaski, Savannah river, Georgia, seventeen thousand dollars;
For repairs of Fort Jackson, Savannah river, Georgia, ten thousand dollars;
For completing the sea-wall at St. Augustine, including the transfer of the sum of one thousand one hundred and thirty-three dollars and four cents, being a balance remaining in agent's hands of an appropria tion for the repairs of Fort Marion, six thousand four hundred dollars;
For Fort Pickens, Pensacola harbor, Florida, twelve thousand dol
For Fort Barrancas, Pensacola harbor, Florida, thirty thousand dollars;
For repairs of Fort Morgan, Mobile point, Alabama, fifteen thousand dollars;
For repairs of Fort Jackson, Mississippi river, Louisiana, seven thousand dollars;
For repairs of Fort St. Philip, Mississippi river, Louisiana, ten thousand dollars;
For Fort Livingston, Grand Terre island, Barrataria bay, Louisiana, fifty thousand dollars;
Drunken Dick shoal.
For fortifications on the Florida reef, thirty thousand dollars;
Florida reef. For contingencies' of fortifications, forty-one thousand six hundred Contingencies. dollars.
APPROVED, March 3, 1845.
Chap. LXIV.-An Act providing payment for certain military services in Flo- March 3, 1845.
rida. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Militia forces
to be paid. of War cause to be paid the following militia forces of the Territory of Florida for the periods of their respective service as hereinafter specified, to wit: Colonel Robert Brown's command, from the sixth April to the twenty
Col. Brown's. second July, eighteen hundred and thirty-eight, except the company of Captain North, which shall only be paid to the twelfth July, eighteen hundred and thirty-eight. Major Isaac Garrison's command, from the nineteenth March to fifth Maj. Garri.
son's. July, eighteen hundred and thirty-eight.
Captain Arthur Robert's company, from September thirteenth, eigh- Capt. Robert's. teen hundred and thirty-eight, to January thirteenth, eighteen hundred and thirty-nine. Captain J. L. Thigpen's company, from first March to thirty-first Capt. Thig
pen's. August, eighteen hundred and thirty-eight. Captain William William's company, from sixteenth August, eighteen Capt. Wil
liams'. hundred and thirty-eight, to February sixteenth, eighteen hundred and thirty-nine. Captains William Cone and John Bryan's companies, from sixteenth Captains Cone
and Bryan's. August to fifteenth September, eighteen hundred and forty.
Captain J. L. Stewart's company, from nineteenth August to thir. Capt. Stewart's. tieth September, eighteen hundred and forty.
Captain Stephen Daniel's company, from October thirteenth to No- Capt.Daniel's. vember twenty-sixth, eighteen hundred and forty-two. Sec. 2. And be it further enacted, That the Secretary of War also Supplies to be
paid for. cause payment to be made for such supplies as were actually purchased for the use of any of said troops, and that to the extent to which they furnished themselves equitable allowance be made therefor. Sec. 3. And be it further enacted, That the muster rolls according be sworn 10,
Muster rolls to to which the above payments shall be made, shall be sworn to by the &c. captain of each company, or senior living officer present in Florida, and approved by the Governor of Florida.
Sec. 4. And be it further enacted, That all balances remaining un- Appropriation. expended out of appropriations heretofore made for payment of Florida volunteers or militia, or for supplies furnished to militia serving in Florida, be and the same are hereby made applicable to the payment the militia and supplies provided for in this act, so far as the same may be necessary; and if such balances be insufficient, the remainder of the amount required is hereby appropriated out of any money in the Treasury not otherwise appropriated.
APPROVED, March 3, 1845.
STATUTE II. CHAP. LXV.-An Act making appropriations for the support of the army, for the March 3, 1845.
year ending on the thirtieth of June, eighteen hundred and forty-six. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That the following sums be, and the same are hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the support of the Vol. V.-94