19 April 1816. they shall be and remain as now prescribed by the ordinance for the government of the Concurrent juris- territory north-west of the river Ohio: Provided also, That the said state shall have concurrent jurisdiction on the river Wabash, with the state to be formed west thereof, so far as the said river shall form a common boundary to both.

diction on the river Wabash.

Ibid. 6.

3. That the following propositions be, and the same are hereby offered to the convention of the said territory of Indiana, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. First. That the section numbered sixteen, in every township, and when such section every township, has been sold, granted or disposed of, other lands, equivalent thereto, and most contiguous to the same shall be granted to the inhabitants of such township for the use of schools. (a)

Section 16, in

for the use of schools.

Salt springs, &c., granted to the

state.

Five per cent. of proceeds of lands for public improvements.

Two entire 'own

nary of learning.

Four sections for the seat of government.

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, in the whole, the quantity contained in thirty-six 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 shail direct: Previded, The said legislature shall never sell nor lease the same, for a longer period than ten years at any one time.

Third. That five per cent of the net proceeds of the lands lying within the said territory, and which shall be sold by congress from and after the first day of December next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals; of which three-fifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state under the direction of congress.(b)

Fourth. That one entire township, which shall be designated by the president of the ships for a semi- United States, in addition to the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature.(c) . Fifth. That four sections of land be, and the same are hereby granted to the said state, for the purpose of fixing their seat of government thereon; which four sections shall, under the direction of the legislature of said state, be located at any time, in such township and range, as the legislature aforesaid may select, on such lands as may hereafter be acquired by the United States from the Indian tribes within the said territory: (d) Provided, That such locations shall be made prior to the public sale of the lands of the United States, surrounding such location: And provided always, That the five foregoing propositions, herein offered, are, on the conditions that the convention of the said state shall provide by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of December next, shall be and remain exempt from any tax laid by order or under any authority of the state, whether for state, county or township, or any other purpose whatever, for the term of five years, from and after the day of sale.

11 Dec. 1816. 3 Stat. 399.

Indiana admitted into the Union.

4. Whereas, in pursuance of an act of congress, passed on the 19th day of April 1816, entitled "An act to enable the people of Indiana territory to form a constitution and state government, and for the admission of that state into the Union," the people of the said territory did, on the twenty-ninth day of June, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state government, so formed, is republican, and in conformity with the principles of the articles of compact between the original states and the people and states in the territory north-west of the river Ohio, passed on the 13th day of July 1787:(e) Resolved, That the state of Indiana shall be one, and is hereby declared to be one, of

(a) The title to these lands has never been considered as vested in the state; and it has no inherent power to sell them or appropriate them to any other purpose than for the benefit of schools. Trustees of Vincennes University v. Indiana, 14 How. 274. See act 23 June 1836, authorizing the selection of a quantity of land for the use of schools within the reserved township in Monroe county, equivalent in value and in lieu of the 16th section in said township, which was granted by congress to the state of Indiana for the use and benefit of a state college. 6 Stat. 641. And see a similar act passed 11 August 1842. for the relief of the inhabit ants of the reserved township in Gibson county. Ibid. 851. Also the act 24 May 1828. to authorize the legislature of the state of Indiana to sell the lands heretofore appropriated for the use of schools in that state. 4 Stat. 298.

(b) See act 11 April 1818, to provide for paying to the state of Indiana three per cent. of the net proceeds arising from the sales of the public lands within the same. 3 Stat. 424.

(c) Both these townships are clearly vested in the state. Trustees of Vincennes University v. Indiana, 14 How. 275.

(d) See act 2 March 1827, to grant a certain quantity of land to the state of Indiana, for the purpose of aiding said state in opening a canal to connect the waters of the Wabash river with those

of Lake Erie. 4 Stat. 236. Act 29 May 1830, to vest in the state of Indiana certain lands within the limits of the canal grant, Ibid. 416. Act 27 February 1841, to confirm to the state of Indiana the lands selected by her for that portion of the Wabash and Erie Canal which lies between the mouth of the Tippecanoe river and Terre Haute. 5 Stat. 414. And the act in addition thereto, passed the 9 May 1848. 9 Stat. 219. And act 29 August 1842, to authorize the states of Indiana and Illinois to select certain quantities of land, in lieu of like quantities heretofore granted to the said states for the construction of the Wabash and Erie, and the Illinois and Michigan Canals. 5 Stat. 542. By act 24 May 1828, the state of Indiana was authorized to relinquish to the state of Ohio so much of the lands granted to aid the said state in opening the Wabash and Erie Canal, as lie within the limits of the state of Ohio. 4 Stat. 306. And on this subject, see acts 2 March 1833, Ibid. 662; 30 June 1834, Ibid. 716; 31 August 1852, 10 Stat. 143; and 2 March 1855, Ibid. 634. See also act 28 June 1834, to author ize the correction of erroneous selections of land granted to the state of Indiana, for the purpose of constructing the Michigan Road. 4 Stat. 702.

(e) 1 Stat. 51, note. See tit. "Illinois," 4, note.

the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.

II. CIRCUIT AND DISTRICT COURTS.

11 Dec. 1816.

5 Stat. 215.

circuit and dis

5. The circuit and district courts of the United States shall be held in the district of 10 May 1838 8 1. Indiana, at the seat of government in said state, on the third Mondays of May and November; * * * and all recognisances entered into, and all mesne and final process, which Terms of the have been issued, or which shall hereafter be issued, shall be returnable in the respective trict courts. districts to the first term, as above established: and it shall be the duty of the circuit In absence of judge, to attend one circuit court in each year, in the districts of Indiana, Illinois and circuit court Michigan, and should any question of law be raised in any case, in the absence of the of law may be adjourned. circuit judge, the district judge may, at his discretion, adjourn the cause to the succeeding term of the circuit court.

III. LAND OFFICES.

judge, questions

2 Stat. 277.

trict.

6. For the disposal of the lands of the United States, north of the river Ohio and east 26 March 1804 § 2. of the river Mississippi, in the Indiana territory, three land offices shall be established in the same, one at Detroit for the lands lying north of the state of Ohio to which the Vincennes disIndian title has been extinguished; one at Vincennes for the lands to which the Indian title has been extinguished, and which are included within the boundaries fixed by the treaty lately held with the Indian tribes of the Wabash ; (a) and one at Kaskaskia, for so much of the lands included within the boundaries fixed by the treaty of the 13th of August 1803, with the Kaskaskia tribe of Indians, as is not claimed by any other Indian tribe; and for each of the said offices a register and a receiver of public moneys Register and reshall be appointed, who shall give security in the same manner, in the same sums, and ceiver. whose compensation, emoluments and duties, and authority, shall, in every respect, be the same in relation to the lands which shall be disposed of at their offices, as are or may be by law provided, in relation to the registers and the receivers of public moneys in the several offices established for the disposal of the lands of the United States, north of the river Ohio and above the mouth of Kentucky river.

2 Stat. 343.

7. The lands lately purchased from the Indian tribes of the Wabash, and lying between 3 March 1805 § 1. the rivers Wabash and Ohio, and the road leading from the falls of the river Ohio to Vincennes, shall be attached to, and made a part of the district of Vincennes, and be Vincennes district enlarged. offered for sale at that place, under the same regulations, at the same price and on the same terms, as other lands lying within the said district.

2 Stat. 448.

trict.

8. For the disposal of the lands of the United States, situated between the United 3 March 1807 8 1. States military tract and the Connecticut reserve, a land office shall be established, which shall be kept at such place as the president of the United States may direct: and Jeffersonville disfor the disposal of the lands of the United States, lying on the Ohio river, between the Cincinnati and Vincennes districts, a land office shall be established at Jeffersonville; (b) and for each of the said offices a register and receiver of public moneys shall be appointed, who shall give security in the same manner, in the same sums, and whose compensation, emoluments, duties and authority, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their offices, as are or may be provided by law, in relation to the registers and receivers of public moneys in the several offices established Register and refor the disposal of the lands of the United States, north of the river Ohio and above the ceiver. mouth of Kentucky river.

2 Stat. 590.

attached to the

9. All that tract of land, to which the Indian title was extinguished by the treaty made 30 April 1810 8 1. at Fort Wayne, on the 30th day of September, in the year 1809, (c) lying west and adjoining to the boundary line established by the treaty of Greenville, shall be attached Certain lands to, and made a part of the district of Cincinnati; and the residue of the lands to which district of Vinthe Indian title was extinguished by the said treaty, and other treaties made at Vin- cennes. cennes in the same year, (d) shall be attached to, and made a part of the district of Vin- Sales regulated. cennes; and the said lands, with the exception of section number sixteen, which shall be reserved in each township for the use of schools within the same, shall be offered for sale to the highest bidder, under the direction of the register of the land office, and of the receiver of public moneys, at the places respectively where the land offices are kept, and on such day or days as shall, by proclamation of the president of the United States, be designated for that purpose; the sales shall remain open at Cincinnati one week, and at Vincennes three weeks, and no longer; the lands shall not be sold for less than two dollars an acre, and shall in every other respect be sold in tracts of the same size, and on the same terms and conditions, as have been or may be provided for lands sold in the same districts; all the lands in the said tracts, with the exception above mentioned,

(a) See infra, 7, 9, 10. The land office at Vincennes was discontinued, under the act 12 June 1840, 5 Stat. 384, and the records removed to Indianapolis; but it was directed to be re-established and reorganized by act 18 August 1856 8. 11 Stat. 141.

(b) See infra, 10, 11, 12.
(c) 7 Stat. 113, 115.
(d) 7 Stat. 116.

30 April 1810. remaining unsold at the close of the said sales, may be disposed of at private sale by the register of the respective land offices, in the same manner, under the same regulations, for the same price, and on the same terms and conditions as are or may be provided by law for the sale of lands in the same districts, and patents shall be obtained in the same manner, and on the same terms as for other public lands, sold in the same districts. (a) 10. The second principal meridian established by the surveyor-general in the Indiana territory, shall be the boundary between the districts of Vincennes and Jeffersonville; tween Vincennes and the lands included in the said districts respectively, according to the boundaries

Ibid. 23. Boundary be

and Jefferson

ville.

21 Feb. 1812 3. 2 Stat. 684.

Part of Vincen

nes district at

tached to Jeffer

sonville.

8 March 1819 31. 3 Stat. 521.

trict.

Crawfordsville district.

above mentioned, shall become a part of the district in which they are included, and shall be sold at the same place, in the same manner, and on the same terms and conditions as the other public ands 'ying in the same district.(b)

11. So much of the lands attached the listrict of Vincennes, by virtue of the first section of an act, entitled "An act providing for the sale of certain lands in the Indiana territory, and for other purposes," passed on the 30th day of April 1810, (c) as lies east of the second principal meridian established by the surveyor-general, shall be attached to, and become a part of the district of Jeffersonville; and shall be offered at public sale at the land office for the said district, under the superintendence of the register and receiver of public moneys for the said land office, and shall be sold in every other respect in the same manner, and on the same terms and conditions as are provided by the abovementioned act, except that the public sales for the said lands shall remain open only for six days.

12. And for the disposal of the unappropriated public lands in the state of Indiana, to which the Indian title is extinguished, the following districts shall be formed, and land Indianapolis dis offices established: all the public lands as aforesaid, to which the Indian title was extinguished by the treaties concluded at St. Mary's, in the month of October 1818, (d) lying east of the range line, separating the first and second ranges, east of the second principal meridian extended north to the present Indian boundary, and north of a line to be run, separating the ninth and tenth tiers of townships north of the base line, shall form a district, for which a land office shall be established at Brookville:(e) and all the public lands as aforesaid, the Indian title to which was extinguished by the treaties aforesaid, and lying west of the last described district, shall form a district, for which a land office shall Jeffersonville dis- be established at the town of Terre Haute:(g) and all the public lands as aforesaid, the trict enlarged. Indian title to which was extinguished by the treaties aforesaid, lying east of the second principal meridian, and south of a line to be run, separating the ninth and tenth tiers of townships north of the base line, shall be, and are hereby, attached to the district of Jeffersonville: and the said lands shall be offered for sale, with the same exceptions, and on the terms and conditions, in every respect, both at public and private sales, as is proOffice may be re- vided for the sale of the lands in the districts aforesaid: Provided also, That the president of the United States shall have power, and he is hereby authorized, to remove, whenever he shall judge it expedient so to do, the land office from Jeffersonville, to some central and suitable place within the district.

moved.

8 May 18221. 3 Stat. 701.

trict.

13. For the sale of the unappropriated public lands in the state of Indiana, to which the Indian title is extinguished, the following district shall be formed, and a land office Fort Wayne dis established: all the public lands as aforesaid, to which the Indian title was extinguished by the treaties concluded at St. Mary's, in the month of October 1818,(h) lying east of the range line separating the first and second ranges east of the second principal meridian, extended north to the present Indian boundary, and north of a line to be run, separating the tiers of townships numbered twenty and twenty-one, commencing on the old Indian boundary, in range thirteen, east of the said principal meridian, in Randolph county, and the said district, to be bounded on the east by the line dividing the states of Ohio and Indiana, shall form a district, for which a land office shall be established at Fort Wayne.(i)

Ibid. 2 3.

14. All the public lands within the aforesaid district, to which the Indian title has been extinguished, and which have not been granted to or secured for the use of any Wayne district. individual or individuals, or appropriated and reserved for any other purpose by any

Sales in Fort

existing treaties or laws, and with the exception of section numbered sixteen in each township, which shall be reserved for the support of schools therein, shall be offered for sale to the highest bidder, at the land office for the said district, under the direction of the register of the land office and receiver of public moneys, on such day or days as shall, by proclamation of the president of the United States, be designated for that purpose: the lands shall be sold in tracts of the same size, on the same terms and conditions, and

in every respet, as provided by the act entitled "An act making further provision for the sale of the public lands," approved April 24th 1820.(a)

8 May 1822.

Ibid. 4.

15. The president of the United States shall have power, and he is hereby authorized, to remove, whenever he shall judge it expedient so to do, the land office aforesaid, to such office may be re suitable place, within the said district, as he shall judge most proper.

moved.

3 Stat. 783.

attached to Craw

16. All the lands ceded and relinquished to the United States, by the Wea tribe of 3 March 1823 § 1. Indians, under the first article of the treaty held at Vincennes, on the 11th day of August 1820, (b) and which is specified and designated by the second article of the treaty Certain lands between the United States and the said tribe, concluded at St. Mary's, on the 2d day of fordsville disOctober 1818, be, and the same is hereby attached to the Terre Haute (c) district for the trict. sale of public lands in the state of Indiana.

17. All the public lands specified, designated and embraced within the first and second Ibid. 2. articles of the treaties aforesaid, which have not been granted to or secured for the use Sales regulated. of any individual or individuals, or appropriated and reserved for any other purpose, by any existing treaties or laws, and, with the exception of section numbered sixteen, in each township, which shall be reserved for the support of schools therein, shall be offered for sale to the highest bidder, at the land office in the Terre Haute district, under the direction of the register of the land office and receiver of public moneys, on such day or days as shall, by proclamation of the president of the United States, be designated for that purpose. The lands shall be sold in tracts of the same size, on the same terms and conditions, and, [in] every respect, as provided by the act, entitled “An act making further provision for the sale of the public lands," approved April 24th 1820.(d) 18. All the lands in the state of Indiana, to which the Indian title is extinguished, 28 April 1828 § 1. which lies east of the line dividing the first and second ranges east of the second principal meridian, and north of the southern boundary of the Fort Wayne district, shall be Other lands atattached to the land district, the land office of which is established at Fort Wayne; and fordsville disall the lands to which the Indian title is extinguished in said state, and which may lie west of the line dividing the first and second ranges east of the second principal meridian, shall be attached to the land district, the land office of which is established at Crawfordsville.

4 Stat. 264.

tached to Craw

trict.

4 Stat. 444.

4 Stat. 654.

trict.

19. All the lands to which the Indian title is extinguished, lying in that part of the 19 Feb. 1831 89. state of Indiana which is east of the Lake Michigan, bordering upon the northern line of said state, and not attached to any land district, shall be, and the same are hereby Fort Wayne district enlarged. attached to the Fort Wayne district. 20. All that district of country, in the state of Indiana, lying west of the line dividing 2 March 1833 10. ranges seven and eight east of the second principal meridian, and north of the line dividing townships twenty-four and twenty-five, shall form a separate land district; and Winamac disthe land office for the sale and disposal of all the public lands in said district, shall be, and hereby is established at Laporte ; (e) and for said land office, a register and receiver Register and reshall be appointed in like manner, and be subject to like rules and regulations, and receive the same salary, fees and compensation for their services, as is designated and provided for in other cases by the fifth section of this act; and it shall be [the] duty of the secretary of the treasury, as soon as it can be done, to cause the necessary tract books, plats, maps and surveys of the public lands in said district, to be filed in said office: Provided, That the president may, whenever, in his judgment, the public interest Office may be reand the convenience of the people require it, remove said office to a more central and suitable place in said district.

ceiver.

moved.

9 Stat. 75.

tached to Fort

21. All the lands in the state of Indiana which lie north of the township line dividing 8 Aug. 1846 1. townships twenty-three and twenty-four, and east of the range line dividing ranges four and five east, which lie south of the Wabash river, be, and the same are hereby attached Certain lands at to the Fort Wayne land district; and all that tract of land which lies north of the town- Wayne district. ship line dividing townships twenty-three and twenty-four, and west of the range line dividing ranges four and five east, and east of the east line of the Crawfordsville land district, be attached to and shall form a part of the Winamac land district; and all the others to Winalands lying south of the said township line, dividing the said townships twenty-three' and twenty-four, which were heretofore within the limits of the Fort Wayne land district, And others to including the portions of the late Miami cessions south of said line, be, and the same Indianapolis. are, attached to the Indianapolis land district; and all lands lying within any of the aforesaid land districts, which may not have been offered for sale, shall hereafter constitute a part of the land district in which they respectively lie.

mac.

(d) 3 Stat. 566. By 23, the register and receiver to have $5 per day for superintending the public sales.

(e) The office of this district was removed to Winamac, in De

cember 1839.

7 Aug. 1848
9 Stat. 275.

1.

28 Sept. 1848 14. 9 Stat. 511.

IV. COLLECTION DISTRICTS.

22. All that part of the state of Indiana bordering on Lake Michigan, and heretofore included in the Detroit collection district, be, and the same is hereby annexed to, and made a part of, the collection district of Chicago, in the state of Illinois.

23. The towns of Evansville and New Albany shall be ports of delivery, and shall be subject to the same regulations and restrictions as other ports of delivery in the United Evansville and States; and there shall be appointed a surveyor of the customs to reside at each of said ports of delivery. ports, who shall, in addition to their own duties, also perform the duties and receive the

New Albany,

trict of New

salary and emolument of surveyors, prescribed by the act of congress, passed on the 21 of March 1831, (a) providing for the payment of duties on imported goods at certain ports therein mentioned, the same being entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, NashAnnexed to disville and Natchez, to be received and paid at those places;" and the said towns of Evansville and New Albany, and the said ports of delivery, be, and the same are hereby annexed to, and made part of, the collection district of New Orleans; and all the privileges and facilities afforded to Pittsburgh, and Wheeling, and Cincinnati, &c., by the act of congress of 2d of March 1831, be, and the same are hereby, extended to said ports of Evansville and New Albany.

Orleans.

2 Aug. 1854 2 1. 10 Stat. 334.

of delivery.

24. Madison, in the state of Indiana, shall be and is hereby constituted a port of delivery, and shall be subject to the same regulations and restrictions as other ports of Madison a port delivery in the United States; and there shall be appointed a surveyor of customs to reside at said port, who shall, in addition to his own duties, perform the duties and receive the salary and emoluments of surveyor, prescribed by the act of congress, approved on the 2d of March 1831, providing for the payment of duties on imported goods, at certain ports therein mentioned, entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places ;" and the said town of Madison, and Annexed to dis- the said port of delivery be and is hereby annexed to and made a part of the collection

trict of New

Orleans.

district of New Orleans, and all the facilities and privileges afforded by the said act of congress of the 2d of March 1831, be and are hereby extended to the said port of Madison.(b)

(a) See tit. "Louisiana," 26.

of New Orleans, upon the same terms, by act 2 August 1854. See "Kentucky," 7.

(6) Jeffersonville is constituted a port of delivery in the district tit. "

I. COMMISSIONER OF INDIAN AFFAIRS.

1. Appointment. Duties and salary.

2. To examine accounts, &c. Franking privilege.

II. INDIAN AGENTS.

3. Superintendent at St. Louis. 4. Powers of superintendents. 5. What agents to be appointed.

Salary.

Indians.

Bonds and salaries.

6. Certain agencies to be discontinued. President may discontinue or transfer agencies. Residence. Military officers to act as agents.

7. Appointment of sub-agents. Salaries and bonds.

8. Secretary to establish limits of agencies and prescribe duties.

9. Further security may be required.

10. Interpreters. Blacksmiths. Assistants. Farmers, mechanics and teachers. Preference to be given to persons of Indian descent.

11. No extra compensation. Travelling expenses. No person to hold more than one office. Absence.

12. To whom annuities to be paid. 13. Payment in goods.

14. Purchases of merchandise. Military officers to receive no extra compensation, except travelling expenses. Settlement of accounts.

15. No person employed in the department to trade with the Indians.

16. Certain Indians may be furnished with goods, &c. 17. When military rations may be issued to Indians.

18. President to prescribe regulations.

19. Clerk, south of Missouri river.

20. Duties of superintendent may be assigned to agent at Michillmackinac. No additional compensation.

21. Three additional agents.

22. But one clerk at St. Louis.

23. No advances to be made until settlement of previous accounts.

24. Limits of agencies to be established by the secretary. 25. Annuities, &c., may be paid to heads of families, &c. No such payments to be made to Indians intoxicated. Executory contracts with Indians to be void.

26. Superintendent to be appointed in Oregon. 27. Governor not to act. His salary.

28. Agents in Oregon.

44. Agent for the Kansas Indians. And the Kickapoos. 45. For the Delawares. Salaries of certain agents.

46. Agents may take acknowledgments.

47. Salary of interpreters in California.

48. Additional agent east of the Rocky Mountains.
49. How disbursements to be made.

50. Superintendents in Washington, Oregon, Utah and New Mexico.

III. TRADE AND INTERCOURSE WITH THE INDIANS. 51. Indian country defined.

52. Indian traders to be licensed. Bond. Revocation. Trading stations. Report of licenses, &c.

53. Licenses may be refused. Appeal. Powers of the president. 54. Penalty for trading without license.

55. Who may be licensed.

56. Passports to foreigners.

57. Barter with Indians prohibited, except for skins and furs.
58. Penalty for hunting on Indian lands.
59. Or foraging cattle thereon.

60. Removal of intruders.

61. Penalty for settling on Indian lands.

62. Grants from Indian nations to be void. Penalty for negotiating for such purchase by commissioners. State agents may adjust compensation for relinquishment of Indian claims.

63. Penalty for attempting to cause infraction of Indian treaties, &c.