Chapter LX. to authorize the People of the Territory of Minnesota to form a Constitution and State Government, preparatory to their Admission in the Union on an equal Footing with the original States
1,315 words·~6 min read·
/statutes-at-large/vol-11/chapter-lx-674464·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. LX.— An Act to authorize the People of the Territory of Minnesota to form a Constitution and State Government, preparatory to their Admission in the Union on an equal Footing with the original States. Feb. 26, 1857.1858, ch. 31.*Post*, p, 286. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Inhabitants of part of Minnesota authorized to form a Constitution and State Government. That the inhabitants of that portion of the Territory of Minnesota which is embraced within the following limits, to wit:
Beginning at the point in the centre of the main channel of the Red River of the North, where the boundary line between the United States and the British possessions crosses the same; thence up the main channel of said river to that of the Boix des Sioux River; thence [up] the main channel of said river to Lake Travers; thence up the centre of said lake to the southern extremity thereof; thence in a direct line to the head of Big Stone Lake; thence through its centre to its outlet; thence by a due south line to the north line of the State of Iowa; thence east along the northern boundary of said State to the main channel of the Mississippi River; thence up the main channel of said river, and following the boundary line of the State of Wisconsin, until the same intersects the Saint Louis River; thence down said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the United States and the British possessions; thence up Pigeon River, and following said dividing line to the place of beginning—be and they are hereby authorized to form for themselves a Constitution and State Government, by the name of the State of Minnesota, and to come into the Union on an equal footing with the original States, according to the federal constitution.
Sec. 2. Jurisdiction over bordering waters, which aro declared to be common highways.*And be it further enacted*, That the said State of Minnesota shall have concurrent jurisdiction on the Mississippi and all other rivers and waters bordering on the said State of Minnesota, so far as the same 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; and said river and waters, 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.
Sec. 3. Convention of delegates to be held.*And be it further enacted*, That on the first Monday in June next, the legal voters in each representative district, then existing within the limits of the proposed State, are hereby authorized to elect two delegates Voting.for each representative to which said district may be entitled according to the apportionment for representatives to the territorial legislature, which election for delegates shall be held and conducted, and the returns made, in all respects in conformity with the laws of said Territory regulating the election of representatives; and the delegates so elected shall Meeting of convention.assemble at the capitol of said Territory on the second Monday in July next, and first determine, by a vote, whether it is the wish of the people of the proposed State to be admitted into the Union at that time; and if so, shall proceed to form a constitution, and take all necessary steps for the establishment of a State government, in conformity with the federal constitution, subject to the approval and ratification of the people of the proposed State.
THIRTY-FOURTH CONGRESS. Sess. III. Ch. 60. 1857. 167 Sec. 4. *And be it further enacted*, That in the event said convention shall decide in favor of the immediate admission of the proposed State into the Union, it shall be the duty of the United States’ marshal for said Territory to proceed to take a census or enumeration of the inhabitantsCensus. within the limits of the proposed State, under such rules and regulations as shall be prescribed by the Secretary of the Interior, with the view of ascertaining the number of representatives to which said State may beRepresentatives in Congress. entitled in the Congress of the United States; and said State shall be entitled to one representative and such additional representatives as the population of the State shall, according to the census, show it would be entitled to according to the present ratio of representation.
Sec. 5. *And be it further enacted*, That the following propositions be,Propositions to be acted on by the convention. and the same are hereby offered to the said convention of the people of Minnesota for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States and upon the said State of Minnesota, to wit: *First*. That sections numbered sixteen and thirty-six in every townshipSchool lands. of public lands in said State, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall, be granted to said State for the use of schools. *Second*.
That seventy-two sections of land shall be set apart and reservedLand for a University. for the use -and support of a State university, to be selected by the Governor of said State, subject to the approval of the Commissioner of the General Laud-Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose. *Third*. That ten entire sections of land, to be selected by the GovernorLand for public buildings. of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. *Fourth*.
That all salt springs within said State, not exceeding twelve inSalt Springs. number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use; the same to be selected by the Governor thereof within one year after the admission of said State, and when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct: *Provided*, That no salt spring of land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall, by this article, be granted to said State. *Fifth*.
That five per centum of the net proceeds of sales of all publicPercentage on land sales. lands lying within said State, which shall be sold by Congress after the admission of the said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct: *Provided*, The foregoing propositions herein offered are on the condition,The above pro positions made conditional. that the said convention which shall form the constitution of said State shall provide, by a clause, in said constitution, or an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same, by the United States, or with any regulations Congress may find necessary for securing the title in said soil to *bona fide* purchasers thereof; and that no tax shall be imposed on lands belonging to the United States, and that in no case shall non-resident proprietors be taxed higher than residents.
Approved, February 26, 1857.