United States Statutes at Large/Volume 5/28th Congress/2nd Session/Chapter 25
Chap. XXV.—An Act to amend an act entitled “An act to carry into effect in the States of Alabama and Mississippi, the existing compacts with those States with regard to the five per cent. fund and the school reservations.”
Act of July 4, 1836, ch. 355.
So much of the 4th sec. of the act as requires the Sec. Treas to select the lands granted for schools in the Chickasaw purchase, repealed.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the fourth section of the act entitled “An act to carry into effect, in the States of Alabama and Mississippi, the existing compacts with those States with regard to the five per cent. fund and the school reservations,” as purports to require that a quantity of land, equal to the one thirty-sixth part of the lands lying within the State of Alabama, which were disposed of, or directed to be disposed of, in and by the treaty between the United States and the Chickasaw Indians, made and concluded at the city of Washington, on the twenty-fourth day of May, one thousand eight hundred and thirty-four, shall be selected, under the direction of the Secretary of the Treasury, within any land district in said State of Alabama, contiguous to said lands within said State so disposed of, &c., by the said Chickasaws, as aforesaid, be, and the same is hereby, repealed:Proviso. Provided, That nothing herein contained shall be so construed as in any wise to affect the validity and binding force of any such selections as may heretofore have been made, in virtue of said fourth section, and sanctioned and accepted by the inhabitants of those surveyed townships, respectively, for whom they may have been made, as an equivalent and substitute for section number sixteen, within each surveyed township.
Governor of Alabama authorized to select the lands within two years.Sec. 2. Be it further enacted, That said lands, equal in quantity to one thirty-sixth part of the lands so, in virtue of said treaty, disposed of, &c., within said State of Alabama, (deducting therefrom such quantity, if any, as may have been selected, as aforesaid, under the authority of said fourth section, and accepted, as aforesaid, in lieu of said section number sixteen, by the inhabitants of the proper surveyed township,) may be selected, under the direction of the Governor of Alabama, at any time within two years from the passing of this act, in sections, half-sections, quarter-sections, or previously defined fractions, out of any of the surveyed public lands, within any of the land districts in the States of Alabama or Mississippi, subject to sale at private sale, and not in any wise encumbered by any prior claim, lien, or reservation, as the Governor of said State of Alabama may direct.What is requisite to perfect the selections. But the same selections, respectively, shall not be holden to have been perfected, until the same, as from time to time they shall have been made, shall have been reported to the Commissioner of the General Land Office, together with proofs, taken in such manner as the Legislature of the State of Alabama shall prescribe, of the assent of the inhabitants of the surveyed townships, respectively, for whose benefit the same may have been selected; and that the said inhabitants consent to and accept the same, in lieu of, and as a full equivalent for, the school section which, by the sixth section of the act entitled1819, ch. 47. “An act to enable the people of the Alabama territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States,” was guarantied to them.
Land to vest in Alabama, subject to the uses, &c. of 16th sections.Sec. 3. Be it further enacted, That when the land shall have been so as aforesaid selected and reported and, as aforesaid, so accepted by said inhabitants of said surveyed township, respectively, the same shall vest in the State of Alabama, subject to the same disposition and uses, and shall be holden subject to the same conditions and terms, in all respects whatsoever, as, by the said sixth section of the act herein above referred to, were prescribed or intended in relation to sections number sixteen, within said State of Alabama.Gov. of Alabama to notify the Register of the Land Office of his selections. And it shall be competent for the said Governor of Alabama, as from time to time such selections may be made, and before they are perfected as aforesaid, to give notice thereof to the register of the proper land office of the land district in which such selection may be made, in such form as the Commissioner of the General Land Office shall prescribe; and, thereupon, the land so selected shall, during such convenient time as such Commissioner of the General Land Office may prescribe, be considered, for the time being, as withdrawn from sale, and not subject to entry.
Approved, February 26, 1845.