AN ACT FOR THE ADMISSION OF THE STATES OF IOWA AND FLORIDA
INTO THE UNION.
[Approved March 3, 1845]
- WHEREAS the people of the territory of Iowa did, on the seventh day of October, eighteen hundred and forty-four, by a convention of delegates called and assembled for that purpose, form for themselves a constitution and state government; and whereas the people of the territory of Florida did, in like manner, by their delegates, on the eleventh day of January, eighteen hundred and thirty-nine, formfor themselves a constitution and state government, both of which said constitutions are republican; and said conventions having asked the admission of their respective territories into the union as states, on equal footing with the original states:
- SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, that the states of Iowa and Florida be, and the same are hereby, declared to be states of the United States of America, and are hereby admitted into the union on equal footing with the original states, in all respects whatsoever.
- SEC. 2. And be it further enacted, That the following shall be the boundaries of the said state of Iowa, to wit: beginning at the mouth of the Des Moines river, at the middle of the Missisippi, thence by the middle of the channel of that river to a parrallel of latitude passing through the mouth of the Mankato or Blue-earth river, thence west along the said parallel of
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- latitude to a point where it is intersected by a meridian line, seventeen degrees and thirty minutes west of the meridian of Washington city, thence due south to the northern boundary line of the state of Missouri, thence eastwardly following that boundary to the point at which the same intersects the Des Moines river, thence by the middle of the channel of that river to the place of beginning.
- SEC. 3. And be it further enacted, That the said state of Iowa shall have concurrent jurisdiction on the river Mississippi, and every other river bordering on said state of Iowa, so far as the said rivers shall form a common boundary to said state and any other state or states now or hereafter to be formed or bounded by the same: such rivers to be common to both; and that the said river Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost or toll therefor, imposed by the said state of Iowa.
- SEC. 4. And be it further enacted, That it is made and declared to be a fundamental condition of the admission of said state of Iowa into the union, that so much of this act as relates to the said state of Iowa shall be assented to by a majority of the qualified electors at their township elections, in the manner and at the time prescribed in the sixth section of the thirteenth article of the constitution adopted at Iowa City the first day of November, Anno Domini eighteen hundred and forty-four, or by the legislature of said state. And, so soon as such assent shall be given, the president of the United States shall announce the same by proclamation; the admission of the the said state of Iowa into the union, on equal footing in all respects whatever with the original states, shall be considered as complete.
- SEC. 5. And be it further enacted, That said state of Florida shall embrace the territories of East and West Florida, which, by the treaty of amity, settlement and limits between the United States and Spain, on the twenty-second day of February, eighteen hundred and nineteen, were ceded to the United States.
- SEC. 6. And be it further enacted, That, until the next census and apportionment shall be made, each of said states of Iowa and Florida shall be entitled to one representative in the house of representatives of the United States.
- SEC. 7. And be it further enacted, That said states of Iowa and Florida are admitted into the union on the express condition that they shall never interfere with the primary disposal of the public lands lying within them, nor levy any tax on the same whilst remaining the property of the United States: provided that the ordinance of the convention that formed the constitution of Iowa, and which is appended to the said constitution, shall not be deemed or taken to have any effect or validity, or to be recognized as in any manner obligatory upon the government of the united States.
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AN ACT SUPPLEMENTAL TO THE ACT FOR THE ADMISSION OF THE
STATES OF IOWA AND FLORIDA INTO THE UNION.
[Approved March 3, 1845.]
- SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the state of Iowa as elsewhere within the United States.
- SEC. 2. And be it further enacted, That said state shall be one district, and be called the district of Iowa; and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at the seat of government of the said state, two sessions of the said district court annually, on the first
ADMISSION OF IOWA. 57
- Monday in January, and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled "An act to establish the judicial courts of the United States." He shall appoint a clerk for the said district, who shall reside and keep the records of the said court at the place of holding the same; and shall receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is by law entitled for similar services.
- SEC. 3. And be it further enacted, That there shall be allowed to the judge of said district court the annual compensation of fifteen hundred dollars, to commence from the date of his appointment, to be paid quarterly at the treasury of the United States.
- SEC. 4. And be it further enacted, That there shall be appointed for the said district a person learned in the law to act as attorney for the United States; who shall, in addition to his stated fees, be paid annually by the United States two hundred dollars, as full compensation for all extra services; the said payments to be made quarterly, at the treasury of the United States.
- SEC. 5. And be it further enacted, That a marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed and allowed to marshals in other districts; and shall, moreover, be entitled to the sum of two hundred dollars annually as a compensation for all extra services.
- SEC. 6. And be it further enacted, That, in lieu of the propositions submitted to the congress of the United States by an ordinance passed on the first day of November, eighteen hundred and forty-four, by the convention of delegates at Iowa City, assembled for the purpose of making a constitution for the state of Iowa, which are hereby rejected, the following propositions be, and the same are hereby, offered to the legislature of the state of Iowa, for their acceptance or rejection; which, if accepted, under the authority conferred on the state legislature, by the convention which framed the constitution of said state, shall be obligatory upon the United States.
- 1. That section numberedsixteen in every township of the public lands, and, where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of schools.
- 2. That the seventy-two sections of land set apart and reserved for the use and support of a university, by an act of congress approved on the twentieth day of July, eighteen hundred and forty, entitle "An act granting two townships of land for the use of a university in the territory of Iowa," are hereby granted and conveyed to the state, to be appropriated solely to the use and support of such university, in such manner as the legislature may prescribe.
- 3. That five entire sections of land, to be selected and located under the direction of the legislature, in legal divisions of not less than one quarter section, from any of the unappropriated lands belonging to the United States within the said state, are hereby granted to the state for the purpose of completing the public buildings of the said state, or for the erection of public buildings at the seat of government of the said state, as the legislature may determine and direct.
- 4. That all salt springs within the state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to the said state for its use; the same to be selected by the legislature thereof within one year after admission of said state, and the same, when so selected, to be used on such terms, conditions and regulations as the legislature of the state shall direct: provided that no salt spring, the right whereof is now vested in any individual or individuals, or
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- which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said state: and provided, also, that the general assembly shall never lease or sell the same, at any one time, for a longer period than ten years, without the consent of congress.
- 5. That five per cent. of the net proceeds of sales of all public lands lying within the said state, which have been or shall be sold by congress, from and after the admission of said state, after deducting all the expenses incident to the same, shall be appropriated for making public roads and canals within the said state, as the legislature may direct: provided that the five foregoing propositions herein offered are on the condition that the legislature of the said state, by virtue of the powers conferred upon it by the convention which framed the constitution of the said state, shall provide by an ordinance, irrevocable without consent of the United States,that the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to the bona fide purchasers thereof; and that no tax shall be imposed upon lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under authority of the state, whether for state, county, township, or any other purpose, for the term of three years from and after the date of the patents, respectively.
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ACCEPTING PROPOSITIONS OF CONGRESS
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AN ACT AND ORDINANCE ACCEPTING THE PROPOSITION MADE BY CON-
GRESS ON THE ADMISSION OF IOWA INTO THE UNION AS A STATE
[Approved January 15, 1849.]
- SECTION 1. Be it enacted and ordained by the General Assembly of the State of Iowa, That the propositions to the state of Iowa on her admission into the union, made by the act of congress, entitled "An act supplemental to the act for the admission of the states of Iowa and Florida into the union," approved March 3, 1845, and which are contained in th sixth section of that act, are hereby accepted in liue of the propositions submitted to congress by anordinance, passed on the first day of November, eighteen hundred and forty-four, by the convention of deegates which assembled at Iowa City on the first Monday of October, eighteen hundred and forty-four, for the purposse of forming a constitution for said state, and which were rejected by congress: provided the general assembly shall have the right, in accordance with the provisions of the second section of the tenth article of the constitution of Iowa, to appropriate the five per cent. of the net proceeds of sales of all public lands lying within the state which have been or shall be sold by congress from and after the admission of said state, after deducting all expenses incident to the same, to the support of common schools.
- SEC. 2. And be it further enacted and ordained, As conditions of the grants specified in the propositions first mentioned in the foregoing section, irrevocable and unalterable without the consent of the United States, that the state of Iowa will never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to the bona fide purchasers thereof, and that no tax shall be imposed on lands,the property of the United States; and that in no case shall non-resident proprietors be
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- taxed higher than rsidents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war with Great Britain shall, while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the state, whether for state, county, township, or for other patents respectively.
- SEC. 3. It is hereby made the duty of the secretary of state, after the taking effect of this act, to forward one copy of the same to each of our senators and representatives in congress, who are hereby required to procure the consent of congress to the diversion of the five per cent. fund indicated in the proviso to the first secton of this act.
- SEC. 4. This act shall take effect from and after its publication in the weekly newspapers printed in Iowa City.
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