United States Statutes at Large/Volume 5/27th Congress/3rd Session/Chapter 50

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United States Statutes at Large, Volume 5
United States Congress
4052029United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Seventh Congress, Third Session, Chapter 50United States Congress


March 1, 1843.

Chap. L.An Act to perfect the titles to lands south of the Arkansas river, held under New Madrid locations, and pre-emption rights under the act of one thousand eight hundred and fourteen [fifteen].[1]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Certain locations of warrants, issued under act of 17th February, 1815, ch. 45, perfected.
Act of April 26, 1822, ch. 40.
Act of May 26, 1824, ch. 173.
Act of May 24, 1828, ch. 90.
That the locations heretofore made of warrants issued under the act of the seventeenth of February, one thousand eight hundred and fifteen, entitled “An act for the relief of the inhabitants of the late county of New Madrid, in Missouri Territory, who suffered by earthquakes” of those locations which were made on the south side of the Arkansas river, if made in pursuance of the provisions of that act in other respects, shall be perfected into grants, in like manner as if the Indian title to the lands on the south side of said river had been completely extinguished at the time of the passage of said act.

Owners of warrants authorized to enter other lands, in certain cases.Sec. 2. And be it further enacted, That in all cases in which the locations so made on the south side of the Arkansas river may have been sold, and the lands thus located under the act aforesaid have been appropriated by the United States, the owner of the warrants issued under the provisions of the act aforesaid shall have a right to enter, within twelve months after the passage of this act, without payment, the like quantity of the public lands, of any of the unappropriated and unimproved lands in the State of Arkansas, corresponding with the legal subdivisions.

Settlers north of the Arkansas entitled to benefits of pre-emption act of 1815, ch. 45.Sec. 3. And be it further enacted, That every settler on the public lands south of the Arkansas river shall be entitled to the same benefits accruing under the provisions of the pre-emption act of one thousand eight hundred and fourteen [fifteen], as though they had resided north of said river.

Certain Cherokee pre-emptions confirmed.Sec. 4. And be it further enacted, That all Cherokee pre-emptions which have been or may be located upon any of the surveyed lands of the United States, south of the base line in Arkansas, shall be confirmed, and patents shall issue thereon as in other cases.

Approved, March 1, 1843.


  1. Under the act of February 17, 1815, chap. 45, New Madrid certificates could be located upon lands before they were offered at public sale under a proclamation of the President, or even surveyed by the public surveyor. Barry v. Gamble, 3 Howard, 32.

    The act of April 26, 1822, chap. 40, recognised locations of this kind, although they disregarded the sectional lines by which the surveys were afterwards made. Ibid.