Thirtieth Congress,
First Session,
First Session,
Whereas, the people of the Territory of Wisconsin did, on the first day of February,
eighteen hundred and forty eight, by a convention of delegates called and assembled
for that purpose, form for themselves a constitution and State government, which said
constitution is republican, and said convention having asked the admission of said
Territory into the Union as a State, on an equal footing with the original States.
Be it enacted the Senate and House of Representatives of the United States of American
in Congress assembled, That the State of Wisconsin be, and is hereby, admitted to
be one of the United States of America, and is hereby admitted into the Union on an
equal footing with the original States in all respects whatever; with the boundaries
prescribed by the act of Congress approved August Sixth eighteen hundred and forty-six
entitled, “an act to enable the people of Wisconsin Territory to form a constitution
and State Government, and for the admission of such State into the Union.”
Sec. 2. And be it further enacted, That the assent of Congress is hereby given to
the first, second, fourth, and fifth resolutions adopted by said con-
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vention and appended to said constitution, and the acts of Congress, referred to in
the said resolutions, are hereby amended, so that the lands granted by the provisions
of the several acts referred to in the said first and fourth resolutions, and the
proceeds of said lands and the five per centum of the net proceeds of the public lands
therein mentioned, shall be held and disposed of by said State, in the manner and
for the purposes recommended by said convention, and so that, also, the lands reserved
to the United States by the provisions of the act entitled “An act to grant a quantity
of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect
the same by a canal in the Territory of Wisconsin.” And also, the even numbered sections
reserved by the provisions of the act, entitled “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” shall be offered for sale at
the same minimum price and subject to the same rights of pre-emption, as other public
lands of the United States: Provided however, That no person shall be entitled to
a pre-emption by reason of the settlement and cultivation of any quarter section or
other sub-division of said even numbered sections, which tract, before the commencement
of such settlement, shall have been claimed by any other person
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cultivating and improving the same in good faith, and which shall have continued to
be claimed, cultivated, and improved in like good faith by such person, his representatives
or assigns, until the sale of said tract, and of which said prior claim, cultivation,
and improvement, the person so claiming pre-emption, shall have had notice at the
time of his entry and settlement; neither shall any pre-emption be allowed to any
tract to the injury of any person, or of the representatives or assignees of any person
claiming and occupying the same of any part thereof in good faith, in his or her right,
at the passage of this act, and owning valuable cultivation or improvements thereon
^which cultivation and improvements shall have^ been assigned by the person so claiming pre-emption or if commenced subsequently
to the entry and settlement of such person shall have been made with his consent or
acquiescence. And provided further, That the liabilities incurred by the Territorial
government of Wisconsin, under the act, entitled, “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,” hereinbefore referred to, shall
be paid and discharged by the State of Wisconsin.
Sec. 3. And be it further enacted, That the purchasers of any tract of the said even
numbered sections mentioned in the preceding section, and sold since the
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reservation thereof, at the minimum price of two dollars and fifty cents per acre,
shall be entitled to receive from the Commissioner of the General Land Office a certificate
of the quantity of land so purchased and of the amount of the excess paid therefor,
over and above the value of said land, at the rate of one dollar and twenty five cents
per acre, which certificate, to the amount of such excess, shall be receivable from
the holder thereof or his assigns, in like manner as so much money, in payment of
the public lands of the United States.
That, in the event of the death of any such purchaser before the issuing of such
certificate, the same shall be issued in favor of the lawful representatives of such
purchaser.
Sec. 4. And be it further enacted, That the judge of the district court for the district
of Wisconsin shall hold a term of said court in each year at the seat of government,
to commence on the first Monday of July, and another term of said court in each year
at Milwaukie, to commence on the first Monday of January. He shall also have power
to hold special terms for the trial of causes, and for the determination of all suits
or proceedings in said courts, at either of the aforesaid places, at his discretion,
as the nature and the amount of the business may require. The said court shall be
open at all times for the purpose of hearing and deciding cases of admiralty and maritime
jurisdiction, so far as the same can
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be done without a jury. The records and papers of said court may be kept at either
of the places herein designated for the holding of said court, as the judge in his
discretion shall direct.
Sec. 5. And be it further enacted, That the clerks of the district courts of the Territory
of Wisconsin shall, before their term of office expires, certify under seal, & transmit
to the clerk of said court, all records of all unsatisfied judgments and of suits
pending in said courts respectively, attaching thereto all papers connected therewith
in all cases arising under the laws or constitution of the United States, or to which
the United States shall be a party; and they shall forward the same to the clerk of
said district court of the State of Wisconsin, who shall enter the same in his docket
and the said district court shall proceed therein to final judgment and execution,
as if such suits or proceedings had originally been brought in said court.
Sec. 6. And be it further enacted, That the clerk of the supreme court of the territory
of Wisconsin shall deliver over to the clerk of said district court all records and
papers in the office of the clerk of the said supreme court relating to proceedings
in bankruptcy under the late bankrupt law of the United States. He shall also certify
under seal, and deliver to said clerk, all records of judgments and of proceedings
in suits pending, and all papers connected
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therewith, in cases arising under the constitution and laws of the United States.
Sec. 7. And be it further enacted, That, from and after the fourth day of March,
eighteen hundred and forty-nine, and until another census and apportionment shall
be made, the State of Wisconsin shall be entitled to three representatives in the
Congress of the United States.
[ certification
]
05/11/1848
Clerk.
05/11/1848
Passed the House of Representatives,
May 11th AD. 1848.
Attest
Tho. J CampbellMay 11th AD. 1848.
Attest
Clerk.
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[ docketing
]
Territories
[ docketing
]
H R 39[?]
An Act
For the admission of the Stat[?] Wisconsin into the Union.
An Act
For the admission of the Stat[?] Wisconsin into the Union.
[ certification
]
05/19/[1848]
Secretary.
05/19/[1848]
In Senate of the U. Stat[es?]
May 19, 1847
Resolved, That this Bill pass.
Attest
Asbury Dickins.May 19, 1847
Resolved, That this Bill pass.
Attest
Secretary.
[ docketing
]
No papers.
[ docketing
]
Hampton 26th May
Handwritten Document, 12 page(s), Volume Volume 1, RG 233, Entry 362: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB