2 STAT. 391, APRIL 21, 1806. SALT SPRINGS RESERVED. AN ACT Supplementary to an act entitled "An act for ascertaining and adjusting titles and claims to land," etc. (2 Stat. 324). Be it enacted, etc., * * * SEC. 11. And be it further enacted, That the President of the United States be, and he is hereby authorized, whenever he shall think it proper, to direct so much of the public lands lying in the western district of the territory of Orleans, as shall have been surveyed in conformity with the provisions of the act to which this act is a supplement, to be offered for sale. All such lands shall, with the exception of the section No. 16, which shall be reserved in each township for the support of schools within the same; with the exception also of an entire township to be located by the Secretary of the Treasury, for the use of a seminary of learning, and with the exception also of the salt springs, and lands contiguous thereto, which by direction of the President of the United States, may be reserved for the future (disposal) of the said States, shall be offered for sale to the highest bidder, under the direction of the register of the land office, of the receiver of public moneys, and of the principal deputy surveyor; and on such day or days, as shall, by a public proclamation of the President of the United States, be designated for that purpose. 2 STAT. 440, MARCH 3, 1807. SALT SPRINGS AND LEAD MINES RESERVED. AN ACT Respecting claims to land in the Territories of Orleans and Louisiana. Be it enacted, etc., * * * SEC. 4. And be it further enacted, That the commissioners appointed or to be appointed for the purpose of ascertaining the rights of persons claiming land in the Territories of Orleans and Louisiana, shall have full powers to decide according to the laws and established usages and customs of the French and Spanish Governments, upon all claims to lands within their respective districts, where the claim is made by any person or persons, or the legal representative of any person or persons, who were on the 20th of December, 1803, inhabitants of Louisiana, and for a tract not exceeding the quantity of acres contained in a league square, and which does not include either a lead mine or salt spring, which decision of the commissioners. when in favor of the claimant shall be final, against the United States, any act of Congress to the contrary notwithstanding. SALINES AND SALT SPRINGS-LEAD MINES-LOUISIANA. AN ACT Providing for the final adjustment of claims to lands, etc., in Territories of Orleans and Louisiana. Be it enacted, etc., * * * SEC. 10. And be it further enacted, That the President of the United States be, and he is hereby, authorized, whenever he shall think proper, to direct so much of the public lands lying in the Territory of Louisiana, as shall have been surveyed in conformity with the ninth section of this act, to be offered for sale. All such lands shall, with the exception of the section No. 16, which shall be reserved in each township for the support of schools within the same, with the exception also of a tract reserved for the support of a seminary of learning, as provided for by the eighth section of this act, and with the exception also of the salt springs and lead mines, and land contiguous thereto, which, by the direction of the President of the United States, may be reserved for the future disposal of the said States, shall be offered for sale to the highest bidder, under the direction of the register of the land office, and the receiver of public moneys, and of the principal deputy surveyor, and on such day or days as shall, by public proclamation of the President of the United States, be designated for that purpose. * 2 STAT. 662, MARCH 3, 1811. SALINES AND SALT SPRINGS-LEAD MINES-ORLEANS AND LOUISIANA. AN ACT Providing for the final adjustment of claims to lands, and for the sale of the public lands in the Territories of Orleans and Louisiana, etc. Be it enacted, etc., * * * SEC. 10. And be it further enacted, That the President of the United States be, and he is hereby, authorized, whenever he shall think proper, to direct so much of the public lands lying in the Territory of Louisiana, as shall have been surveyed in conformity with the eighth section of this act, to be offered for sale. All such lands shall, with the exception of the section No. 16, which shall be reserved in each township for the support of schools within the same, with the exception also of a tract reserved for the support of a seminary of learning, as provided for by the seventh section of this act, and with the exception also of the salt springs and lead mines, and lands contiguous thereto; which, by the direction of the President of the United States, may be reserved for the future disposal of the said States, shall be offered for sale to the highest bidder. See 10 Stat. 308, p. 1205. A. SALT SPRINGS RESERVED. * * This act authorized the President in offering lands for sale to except salt springs, lead mines, and lands contiguous thereto which were reserved for the future disposal of the States to be carved out of the Territory included in the Louisiana Purchase. Morton v. Nebraska, 88 U. S. (21 Wall.) 660, p. 668. By this section salt springs and the land contiguous thereto were, by direction of the President, reserved for future disposal of the States. Hall v. Litchfield, 3 C. L. O. 196. This act expressly reserved section 16 in each township for the support of schools and also a tract for the support of a seminary of learning, with the exception of salt springs and lead mines and lands contiguous thereto. Southwestern Min. Co., In re, 14 L. D. 597, p. 599. 2 STAT. 448, p. 449, MARCH 3, 1807. LEAD MINES RESERVED. AN ACT Making provision for disposal of public lands, etc. Be it enacted, etc., * ** SEC. 5. And be it further enacted, That the several lead mines in the Indiana Territory together with as many sections contiguous. to each as shall be deemed necessary by the President of the United States shall be reserved for the future disposal of the United States; and any grant which may hereafter be made for a tract of land containing a lead mine, which has been discovered previous to the purchase of such tract from the United States, shall be considered fraudulent and null: And the President of the United States shall be, and is hereby, authorized to lease any lead mine which has been or may hereafter be discovered in the Indiana Territory, for a term not exceeding five years. A. CONSTRUCTION-TERRITORY SAME AS LAND. B. RESERVATION OF MINES. C. LEAD MINES, p. 1244. A. CONSTRUCTION-TERRITORY SAME AS LAND. See 2 Stat. 445, p. 1197. The term "territory," as used in the statute, is merely descriptive of one kind of property and is equivalent to the word "lands." Congress has the same power over it as over any other property belonging to the United States. United States v. Gratiot, 39 U. S. (14 Pet.) 526, p. 536. 1. POLICY. B. RESERVATION OF MINES. 2. LEAD MINES RESERVED. 3. VALUE DETERMINED BY OPERATION. 1. POLICY. It has always been the policy of the Government in disposing of the public lands to reserve the mines for the use of the United States. United States v. Gratiot, 39 U. S. (14 Pet.) 526, p. 537. 2. LEAD MINES RESERVED. The fact that a new land district has been created out of a part of the territory in which the lead-mine lands had been reserved, giving the President authority to sell all lands in the new districts, does not have the effect to lessen the force of the original reservation. United States v. Gear, 44 U. S. (3 How.) 120, p. 131. All lead mines were reserved from lands sold under this act, and it excepts such lands from the operation of the preemption and homestead laws and from all grants to railroads and States, making the parties who enter upon them without authority liable to an action for damages, and such mineral lands are disposed of only to citizens or those who had declared their intention to become such. New Idria Min. Co., In re, Copp's Min. Dec. 47, p. 53. Section 5 of this act is not repealed by section 4 of the act of June 26, 1834 (4 Stat. 686), and no authority is given by the latter act to dispose of the lead mines or minerals reserved from sale by this act. United States v. Gear, 44 U. S. (3 How.), 120, p. 131. 3. VALUE DETERMINED BY OPERATION. The value of the mines reserved on the sale of public lands can not be ascertained without causing them to be explored and worked under proper regulations. United States v. Gratiot, 39 U. S. (14 Pet.) 526, p. 537. The business of smelting is a part of the operation of mining, although it may be distinct from that of digging or mining the ore; but the law is not to be construed so as to require the whole operation to be embraced in the same contract, as they are different operations, requiring different qualifications and distinct regulations. United States v. Gratiot, 39 U. S. (14 Pet.) 526, p. 538. No permission shall be granted to work lead mines or salt springs without the approbation of the President, and the President is authorized to lease such mines and springs for a term not exceeding three years. Lease of Mineral Lands, In re, 4 Op. Atty. Genl. 480, p. 484. C. LEAD MINES. 1. PRESIDENT AUTHORIZED TO LEASE. This act was the first to authorize the President to lease a lead mine. Del Monte Min., etc., Co. v. Last Chance Min., etc., Co., 171 U. S. 55, p. 61. The statute of March 3, 1807, authorizing the leasing of lead mines was enacted before Illinois was admitted as a State, and after its admission it can not complain of any disposition or regulation of the lead mines previously made by Congress. United States v. Gratiot, 39 U. S. (14 Pet.) 526, p. 537. The President is authorized under this act to lease salt springs, salines, and lead mines. Lease of Lead Mines, In re, 4 Op. Atty. Genl. 480, p. 499. The authority given to the President to lease lead mines by this section is limited to a term not exceeding five years; but this limitation is not to be construed as a prohibition to renew the leases from time to time if the President thinks proper so to do. His authority is limited to a short period, so as not to interfere with the power of Congress to otherwise dispose of the mines at its pleasure. United States v. Gratiot, 39 U. S. (14 Pet.) 526, p. 537. Under the authority of this act the President has power to lease all mineral lands reserved from public sale by the act of June 26, 1834 (4 Stat. 686). Mineral Lands in Wisconsin, In re, 3 Op. Atty. Genl. 277, p. 278. The President is not authorized by this act to lease lands containing mines of copper or silver, but this power of lease is limited to salt springs and lead mines and the necessary contiguous sections. Lease of Mineral Lands, In re, 4 Op. Atty. Genl. 480, p. 490. 2 STAT. 470, FEBRUARY 29, 1808. DISPOSAL OF SALINES AND SALT SPRINGS-OHIO. AN ACT Making further provision for the disposal of the sections of land heretofore reserved. Be it enacted, etc., That all the sections of land heretofore reserved for the future disposition of Congress, not sold or otherwise disposed of, and lying within either of the districts established for the disposition of public lands in the State of Ohio, with the exception of the section numbered 16 of the salt springs and lands reserved for the use of the same, shall be offered for sale in that district within which such reserved sections may respectively lie on the same terms and under the same regulations as other lands in the same district: * ** 3 STAT. 289, APRIL 19, 1816. SALINES AND SALT SPRINGS GRANTED TO INDIANA. AN ACT To enable the people of the Indiana Territory to form a constitutional State government, etc. Be it enacted, etc., That the inhabitants of the Territory of Indiana be, and they are hereby, authorized to form for themselves a constitution and State government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon the same footing with the original States, in all respects whatever. * * * * Second. That all salt springs within the said Territory, and the land reserved for the use of the same, together with such other lands as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding, the whole, the quantity contained in 36 entire sections, shall be granted to the said State, for the use of the people of the said State, the same to be used under such terms, conditions, and regulations as the legislature of the said State shall direct: Provided, The said legislature shall never sell nor lease the same, for a longer period than 10 years at any one time. * * * 1. GRANT TO STATE. A. SALT SPRINGS. 2. STATE'S RIGHT TO SALT SPRINGS AS AGAINST PATENTEE. 1. GRANT TO STATE. By this act all salt springs within the Territory of Indiana, together with adjacent lands, were granted to the State. Colorado, In re, 10 L. D. 222, p. 223. By this act Congress granted to Indiana all the salt springs within the Territory and the land reserved for the use of the same, and such other lands as the President should deem necessary and proper for working such salt springs, not exceeding the quantity contained in 36 entire sections. Alabama, In re, 21 L. D. 320, p. 322. |