TWENTY-FIFTH CONGRESS. Sess. II. Ch. 114. 1838.
245
Chap. CXIY .—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, (a)
Be it enacted by the Senate and House of Representatives of the UnitedStates of America in Congress assembled, That there be, and herebyis, granted to the Territory of Wisconsin, for the purpose of aiding inopening a canal to unite the waters of Lake Michigan, at Milwaukee ,with those of Rock river, between the point of intersection with saidriver, of the line dividing townships seven and eight and the LakeKoshkonong, all the land heretofore not otherwise appropriated or dis-posed of in those sections and fractional sections which are numberedwith odd numbers on the plats of the public surveys, within the breadthof five full sections, taken in north and south, or east and west tiers, oneach side of the main route of said canal, from one end thereof to theother, and reserving the even numbered sections and fractional sections,taken as above, to the United States ; and the said land, so granted toaid in the construction of said canal, shall be subject to the disposal ofthe Legislature of the said Territory, for the purpose aforesaid, and noother : Provided, That the said canal, when completed, and the branchesthereof, shall be, and for ever remain, a public highway, for the use ofthe Government of the United States , free from any toll or other chargewhatever, for any property of the United States , or persons in their ser-vice, passing through the same : Provided, That said main canal shallbe commenced within three years, and completed in ten years, or theUnited States shall be entitled to receive the amount for which any ofsaid land may have been previously sold, and that the title to purchasersunder the Territory shall be valid.
Sec. 2. And be it further enacted, That so soon as the route of thesaid main canal shall be definitively located and established, agreeablyto an act of the Legislature of said Territory, incorporating the Mil-waukee and Rock river Canal Company, approved January fifth, 1838,it shall be the duty of the Governor thereof, to transmit a plat of thesame, showing its terminations and its connections with the section-corners of the public surveys, to the Commissioner of the General LandOffice, whose duty it shall be to ascertain, under the direction of thePresident of the United States , the particular lands herein granted tosaid Territory; and shall cause duplicate lists of the same to be pre-pared from the plats on file in his office, one of which he shall transmitto the Governor of said Territory, who, or such other person or personsas shall be appointed for the purpose, under the authority of the Legis-lature of the said Territory, or of the State which may be erected outof the same, after the admission of such State, shall have power to sellor convey the whole, or any part of said land, at a price not less thantwo dollars and fifty cents per acre, and to give a title in fee simpletherefor, to whomsoever shall purchase the whole or any part thereof.
Sec. 3. And be it further enacted, That the alternate sections andfractional sections which shall remain to the United States , agreeably tothe first section of this act, shall not be sold for a less sum than twodollars and fifty cents per acre, nor be subject to pre-emption.
Sec. 4. And be it further enacted, That in reference to the provi-sions of the first section of this act, where a section shall be divided bythe route of the main canal, such section shall be counted (in fixing thelateral limits of said grant) as being on or towards that side of the linenext the larger portion of said section, ascertained by reference to themile-lines and corners of the sections, and the land and water therebyincluded.
Statute II.Jane 18, 1838.
Proviso.
The Governorshall transmit aplatofthe route,&c. to the Com.oftheGen.LnndOff., who shallascertain thelands hereingranted, andcause lists ofthem to be pre-pared, &c.
Prices of theland.
Sections divi-ded by route ofmain canal,howto be counted.