Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 228.
IN THE HOUSE OF REPRESENTATIVES.
February 21, 1848.
Mr. Ficklin, on leave, introduced the following bill: which was read
twice, and referred to the Committee on Public Lands.
A BILL
To cede the public lands within the limits of the new States
on certain conditions therein mentioned.

Whereas, the lands within the limits of the original States of the Union, as well as the unappropriated “crown lands” claimed by different States, were acquired by the blood and common treasure of the whole nation, and rightfully belong to the States, whether new or old, within whose limits the same are situated; whereas, the harmony and successful working of our federative system require a perfect equality of rights, amongst the several States of the Union, as independent political sovereignties; whereas, the new States, admitted into the Union, cannot be on anequality with the original States without the right of eminent domain to the public lands, within their respective limits, as a necessary incident to sovereignty, whether such lands were acquired by conquest, treaty, or otherwise; and whereas this principle, so just in itself, has been recognized by Congress, as well in ceding to the State of Tennessee the public lands within her limits granted by North Carolina to this goverument, as by admitting the State of

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Texas into the Union, she retaining her public domain; therefore—

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5 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That all the public and unappropriated lands
within the States of Ohio, Indiana, Illinois, Missouri, Ala-
bama, Mississippi, Arkansas, Louisiana, Michigan, Florida,
and Iowa, with the exception of the sites of fortifications,
navy and dock yards, arsenals, magazines, and all other
public buildings and grounds for the same, be, and the
same are hereby, ceded to the several States, within the
limits of which they are respectively situated, on the fol-
lowing conditions, to wit:
First. That such grant or cession shall not take effect
until the said lands shall have been released from the
pledge which was made by the law of January twenty-
eighth, anno Domino eighteen hundred and forty-seven.
Second. That the Indian title to the lands, within any
State aforesaid, shall be extinguished at the expense of
such State.
Sec. 2. And be it further enacted, That so soon as
the aforesaid pledge shall be discharged by the payment of
the debt or otherwise, and the Indian title shall be extin-
guished as aforesaid, the President of the United States,
being officially notified thereof, shall, within thirty days

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5 thereafter, issue his proclamation, stating the fact, and
requiring the necessary steps to be taken, to close the
several land offices, including the surveying department,
within such States as shall being themselves within the
provisions of this law; and the commissions of all officers
connected therewith shall expire on a day to be fixed by
the President, giving a reasonable time to close the busi-
ness of their respective offices.
Sec. 3. And be it further enacted, That when any
one of said States shall come within the provisions afore-
said, it shall be the duty of the President of the United
States to issue his proclamation, and close the land system
as to such State, according to the provisions of section
two.
Sec. 4. And be it further enacted, That all maps,
titles, records, books, documents, and papers, pertaining to
the public lands, in the general land office at Washington,
or in other offices elsewhere, shall be subject to the order
of the executive of the State in which the lands are situa-
ted, to which they relate.
Sec. 5. And be it further enacted, That this act shall
take effect, and be in force, from and after the proclama-
tion of the President of the United States as aforesaid:
Provided, That nothing herein contained shall be so con-
strued as to prevent the location of military bounty land

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8 warrants, authorized by act of Congress, on any lands on
which they might have been located, independent of this
act.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That all the public and unappropriated lands within the States of Ohio, Indiana, Illinois, Missouri, Ala- bama, Mississippi, Arkansas, Louisiana, Michigan, Florida, and Iowa, with the exception of the sites of fortifications, navy and dock yards, arsenals, magazines, and all other public buildings and grounds for the same, be, and the same are hereby, ceded to the several States, within the limits of which they are respectively situated, on the fol- lowing conditions, to wit: First. That such grant or cession shall not take effect until the said lands shall have been released from the pledge which was made by the law of January twenty- eighth, anno Domino eighteen hundred and forty-seven. Second. That the Indian title to the lands, within any State aforesaid, shall be extinguished at the expense of such State. Sec. 2. And be it further enacted, That so soon as the aforesaid pledge shall be discharged by the payment of the debt or otherwise, and the Indian title shall be extin- guished as aforesaid, the President of the United States, being officially notified thereof, shall, within thirty days
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6 7 8 9 10 11 12 13 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5	thereafter, issue his proclamation, stating the fact, and requiring the necessary steps to be taken, to close the several land offices, including the surveying department, within such States as shall being themselves within the provisions of this law; and the commissions of all officers connected therewith shall expire on a day to be fixed by the President, giving a reasonable time to close the busi- ness of their respective offices. Sec. 3. And be it further enacted, That when any one of said States shall come within the provisions afore- said, it shall be the duty of the President of the United States to issue his proclamation, and close the land system as to such State, according to the provisions of section two. Sec. 4. And be it further enacted, That all maps, titles, records, books, documents, and papers, pertaining to the public lands, in the general land office at Washington, or in other offices elsewhere, shall be subject to the order of the executive of the State in which the lands are situa- ted, to which they relate. Sec. 5. And be it further enacted, That this act shall take effect, and be in force, from and after the proclama- tion of the President of the United States as aforesaid: Provided, That nothing herein contained shall be so con- strued as to prevent the location of military bounty land
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6 7 8	warrants, authorized by act of Congress, on any lands on which they might have been located, independent of this act.