Chapter CIV. granting Lands to the States of Michigan and Wisconsin to aid in the Construction of a “Military Road” from Fort Wilkins, Copper Harbor, Kewenaw County, in the State of Michigan, to Fort Howard, Green Bay, in the State of Wisconsin
882 words·~4 min read·
/statutes-at-large/vol-12/chapter-civ-3460562·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. CIV.— An Act granting Lands to the States of Michigan and Wisconsin to aid in the Construction of a “Military Road” from Fort Wilkins, Copper Harbor, Kewenaw County, in the State of Michigan, to Fort Howard, Green Bay, in the State of Wisconsin.March 3, 1863. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatLand granted to Michigan and Wisconsin, to aid in the construction of a military wagon-road. there be, and is hereby, granted to the State of Michigan, to aid in the construction of a military wagon-road from Fort Wilkins, Copper Harbor, to Houghton, Portage Lake, and thence, in a southerly direction, to the state line of Wisconsin, every alternate section of public land, designated by even numbers, for three sections in width, on each side of said road, and also a like quantity, to be taken and designated in same manner, to the State of Wisconsin, to aid in the construction of a like road from the last-mentioned place on the state line of Wisconsin to Fort Howard, Green Bay, in the said State of Wisconsin.
But in case it shall appear that the United States have,If any land granted has been sold, &c., an equivalent amount to be given in lieu thereof. when the line or route of said road is definitely fixed, sold any section, or any part thereof, granted as aforesaid, or that the right of preemption or homestead settlement has attached to the same, then it shall be the duty of the Secretary of the Interior to set apart from the public lands of the United States, as near to said even sections aforesaid as may be, so much land as shall be equal to such lands as the United States have sold, or otherwise appropriated, or to which the right of preemption or homestead settlement has attached; which lands, (thus selected in lieu of those sold, and to which the right of preemption or homestead settlement has attached as aforesaid,) together with the sections and parts of sections designated by even numbers as aforesaid, and approved as aforesaid, shall be held by the States of Michigan and Wisconsin for the use and purposes aforesaid: *Provided,* That the lands to be selected for and on account thereof shallLands not to be over 15 miles from the road,to be applied solely to the construction of the road. in no case be further than fifteen miles from said road: *Provided, further,* That the lands hereby granted shall be exclusively applied in the construction of that road for and on account of which such lands are hereby granted, and shall be disposed of only as the work progresses, and the same shall be applied to no other purposes whatever: *And provided, further,*Reserved lands not within this act, except for location of road.
That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purposes whatsoever, be, and the same are hereby, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the route of said road through such reserved lands; in which case the right of way only shall be granted.
Sec. 2. *And be it further enacted,* ThatLands subject to the disposal of the legislature.Road to be a public highway, and free to the United States. the said lands hereby granted to the said States shall be subject to the disposal of the legislature thereof, for the purposes aforesaid, and no other; and the said road shall be and remain [a] public highway for the use of the Government of the United States,798THIRTY-SEVENTH CONGRESS. Sess. III. Ch. 104, 105. 1863. free from tolls or other charge upon the transportation of any property, troops, or mails of the United States.
Sec. 3. *And be it further enacted,* ThatMode of disposing of the lands. the lands hereby granted to said States shall be disposed of only in the following manner, that is to say: That a quantity of land, not exceeding thirty sections, for said road, may be sold; and when the governors of said states shall’ certify to the Secretary of the Interior that any ten continuous miles of said road are completed, then another quantity of land, hereby granted, not to exceed thirty sections for said road, having ten continuous miles completed as aforesaid, may be sold, and so, from time to time, until the said road is completed; and if said road is not completed within five years, no further sales shall be made, and the lands unsold shall revert to the United States.
Sec. 4. *And be it further enacted,* ThatMode of constructing the road. said military road shall be constructed with sufficient drains and ditches, and not less than forty feet in width, with a grade not less than sixteen feet wide, with such graduation and bridges as shall permit of its regular use as a wagon road in all seasons of the year, and in such other special manner as the States of Michigan and .Wisconsin may prescribe. Approved, March 3, 1863.