May 29, 1848.
Chap. L. — An Act for the Admission of the State of Wisconsin into the Union.
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:
State of Wisconsin admitted into the Union.
Boundaries.
1846, ch. 89.
Be it enacted by the Senate and House of Representatives of the United States of America
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."
Assent of Congress given to certain resolutions of the convention of said State held
for forming a constitution, and certain acts of Congress therein referred to amended.
1846, ch. 170.
1838, ch. 114.
Proviso as to preemption rights.
Certain liabilities to be assumed by Wisconsin.
1838, ch. 114.
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 convention, 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 preemption, as other public lands of the United States: Provided, however, That no person shall be entitled to a preemption by reason of the settlement and cultivation
of any quarter section or other subdivision of said even numbered
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sections, which tract, before the commencement of such settlement, shall have been
claimed by any other person 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 preemption
shall have had notice at the time of his entry and settlement; neither shall any preemption
be allowed to any tract, to the injury of any person, or of the representatives or
assigns of any person, claiming and occupying the same or 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 or improvements shall have been assigned
by the person so claiming preemption, 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.
Purchasers of certain tracts at $2.50 per acre to receive certificates of the amount
of excess paid over $1.25 per acre, which shall be received in payment of the public
lands of the United States.
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 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.
Terms of the United States District Court for the district of Wisconsin.
Special terms.
Said court to be always open in cases of maritime and admiralty jurisdiction.
Records where kept.
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 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 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.
Clerks of the District Courts of the Territory of Wisconsin shall certify and transmit
to clerk of the District Court of the district Iowa all records, &c.
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, and transmit to the clerk of said
courts, 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.
Clerk of Supreme Court of Territory of Wisconsin to deliver over to clerks of said
District Courts certain records, &c.
Sec. 6. And be it further enacted, That the clerk of the Supreme
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Court of the Territory of Wisconsin shall deliver over to the clerks 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 therewith, in cases
arising under the constitution and laws of the United States.
Said State to be entitled to three representatives in Congress.
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.
Approved, May 29, 1848.
Printed Document, 3 page(s), Public Acts, 30th Cong., 1st sess., George Minot, Statutes at Large 9, 233-35