CHAP. [40.] An act to enable the people of the eastern division of the territory northwest of the river Ohio, to form a constitution and state government, and for the admission of such state into the union, on an equal footing with the original states, and for other purposes. The inhabit eastern divi west of the § 1. Be it enacted, &c. That the inhabitants of the eastern di- ants of the vision of the territory northwest of the river Ohio be, and they sion of the terare hereby, authorized to form for themselves a constitution and ritory northstate government, and to assume such name as they shall deem ohio authorproper; and the said state, when formed, shall be admitted into ized, &c. the union, upon the same footing with the original states, in respects whatever. The state, all when formed, to be admitted into the Union, 2. That the said state shall consist of all the territory in- &c. cluded within the following boundaries, to wit: bounded on the Boundaries of east by the Pennsylvania line, on the south by the Ohio river, to the state. Vol. ii. p. 882. the mouth of the Great Miami river, on the west by the line drawn due north from the mouth of the Great Miami aforesaid, and on the north by an east and west line drawn through the southerly extreme of lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect lake Erie, or the territorial line, and thence, with the same, through lake Erie, to the Pennsylvania line aforesaid: Provided, That congress shall be at liberty, Proviso; conat any time hereafter, either to attach all the territory lying east gress at liberof the line to be drawn due north from the mouth of the Miami all the territoaforesaid to the territorial line, and north of an east and west ry mentioned line drawn through the southerly extreme of lake Michigan, run- dispose of it ning east as aforesaid to lake Erie, to the aforesaid state, or dis- otherwise, &c. pose of it otherwise, in conformity to the fifth article of compact between the original states and the people and states to be formed in the territory northwest of the river Ohio. ty to attach to the state, or Vol. ii. p. 957. the northwest eastern divi included with scribed, &c. to 3. That all that part of the territory of the United States That part of northwest of the river Ohio, heretofore included in the eastern ern territory division of said territory, and not included within the boundary heretofore inherein prescribed for the said state, is hereby attached to, and cleve made la part of, the Indiana territory, from and after the forma- sion, and not tion of the said state, subject, nevertheless, to be hereafter dis- in the boundaposed of by congress, according to the right reserved in the fifth ry herein prearticle of the ordinance aforesaid; and the inhabitants therein make a part of shall be entitled to the same privileges and immunities, and sub- the Indiana territory, &c. ject to the same rules and regulations, in all respects whatever, with all other citizens residing within the Indiana territory. § 4. That all male citizens of the United States, who shall All male citi-? have arrived at full age, and resided within the said territory at least one year previous to the day of election, and shall have within the terpaid a territorial or county tax, and all persons having, in other year, having respects, the legal qualifications to vote for representatives in the paid a tax, general assembly of the territory, be, and they are hereby, au- ed to choose thorized to choose representatives to form a convention, who representatives, &c. shall be apportioned among the several counties within the eastern division aforesaid, in a ratio of one representative to every One representwelve hundred inhabitants of each county, according to the enu- tative fo0 in meration taken under the authority of the United States, as near habitants, &c. as may be; that is to say: from the county of Trumbull, two re- Apportion zens of full age, resident &c. authoriz ery 1,200 in ment of representatives to the several counties. presentatives; from the county of Jefferson, seven representatives, two of the seven to be elected within what is now known by the county of Belmont, taken from Jefferson and Washington counties; from the county of Washington, four representatives; from the county of Ross, seven representatives, two of the seven to be elected in what is now known by Fairfield county, taken from Ross and Washington counties; from the county of Adams, three representatives; from the county of Hamilton, twelve representatives, two of the twelve to be elected in what is now known by Clermont county, taken entirely from Hamilton county; and the elections for the representatives aforesaid, shall take place on the second Tuesday of October next, the time fixed by a law of the territory, entitled "An act to ascertain the number day of Octo- of free male inhabitants of the age of twenty-one in the territory ber, 1802, &c. of the United States northwest of the river Ohio, and to regulate the elections of representatives for the same," for electing representatives to the general assembly, and shall be held and conducted in the same manner as is provided by the aforesaid act, except that the qualifications of electors shall be as herein specified. The elections for represen tatives to take place on the second Tues The members of the conven the first Mon 1802. If determined to be expedi 5. That the members of the convention, thus duly elected, tion to meet at be, and they are hereby, authorized to meet at Chilicothe on the Chilicothe on first Monday in November next; which convention, when met, day in Nov. shall first determine, by a majority of the whole number elected, whether it be or be not expedient, at that time, to form a constitution and state government for the people within the said territory; and if it be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and state government: or, if it be deemed more expedient, the ent, the con- said convention shall provide by ordinance for electing representatives to form a constitution or frame of government: which said representatives shall be chosen in such manner, and in such proportion, and shall meet at such time and place, as shall be prescribed by the said ordinance, and shall form for the people Proviso; the of the said state a constitution and state government: Provided, be republican, The same shall be republican, and not repugnant to the ordiand not repugnance of the thirteenth of July, one thousand seven hundred and eighty-seven, between the original states and the people and states of the territory northwest of the river Ohio. vention au thorized to form a state government, &c. constitution to nant, &c. The state to § 6. That until the next general census shall be taken, the be entitled to said state shall be entitled to one representative in the house of representatives of the United States. one representative, &c. fered to the convention, &c. 1. Sec. No. 16, in every township, to The proposi7. That the following propositions be, and the same are tions stated of hereby, offered to the convention of the eastern state of the said territory, 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 number sixteen, in every township, and where such section 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. Second: That the six miles resermiles reserva-vation, including the salt springs, commonly called the Sciota salt springs, the salt springs near the Muskingum river, and in be granted for schools, &c. 2. The six tion, to be granted for sell, nor lease, 3. One twen applied, &c. the military tract, with the sections of land which include the the use of the people of same, shall be granted to the said state, for the use of the people the state, &c. thereof, the same to be used under such terms, and conditions, The legisla and regulations, as the legislature of the said state shall direct: ture never to Provided, The said legislature shall never sell nor lease the same the salt for a longer period than ten years. Third: That one twentieth springs for longer than part of the nett proceeds of the lands lying within the said state, ten years. sold by congress, from and after the thirtieth day of June next, eth of the after deducting all expenses incident to the same, shall be ap- nett proceeds plied to the laying out and making public roads, leading from of lands to be the navigable waters emptying into the Atlantic, to the Ohio, to the said state, and through the same; such roads to be laid out under the authority of congress, with the consent of the several states through which the road shall pass: Provided always, That the three foregoing propositions herein offered, are on the con- the state provide, &c. that ditions that the convention of the said state shall provide by an ordinance, irrevocable without the consent of the United States, land sold by congress, after that every and each tract of land sold by congress, from and af- the 30th June, ter the thirtieth day of June next, shall be and remain exempt 1802, shall be from any tax laid by order or under authority of the state, taxes, &c. for whether for state, county, township, or any other purpose what- five years af ever, for the term of five years, from and after the day of sale. [Approved, April 30, 1802.] Proviso; that every tract of exempt from ter sale. CHAP. [44.] An act to extend and continue in force the provisions of an act, entitled "An Vol. i. p. 816. act giving a right of pre-emption to certain persons who have contracted with John Vol. ii." p. 901. Cleves Symmes, or his associates, for lands lying between the Miami rivers, in the territory northwest of the Ohio ;" and for other purposes. sions of the force until the § 1. Be it enacted, &c. That the several provisions of an act, The provientitled "An act giving a right of pre-emption to certain per- act mentioned, sons who have contracted with John Cleves Symmes, or his as- continued in sociates, for lands lying between the Miami rivers in the territo- 1st March, ry northwest of the Ohio," shall be, and the same are hereby, 1803, subject continued in force until the first day of March next, subject to tions. the modifications contained in this act. to modifica sions of the 2. That the provisions of the said act shall, and the same The proviare hereby, extended to all persons claiming lands lying between act referred to the Miami rivers, and without the limits of Ludlow's survey, by extended to purchase or contract made prior to the first day of January, one ing lands, &c., thousand eight hundred, with John Cleves Symmes, or his asso- prior to 1st ciates. persons claim Jan. 1800, &c. who have not 1st of Nov. 3. That every person claiming lands, as aforesaid, either Persons within or without the limits of Ludlow's survey, and who have claiming, &c. not obtained a certificate of the right of pre-emption therefor, obtained certishall, on or before the first day of November next, give notice of ficates, &c. to give notice on the nature and extent of his claim, in manner prescribed by the or before the second section of the said act. And the receiver of public mo1802, &c. neys and commissioners appointed under the fourth section of The receiver the said act, shall meet at Cincinnati, on the second Monday of of public moNovember next, they having given four weeks' previous notice missioners to of such meeting in a public newspaper printed at Cincinnati, and meet at Cinshall then and there proceed to hear, and finally decide upon, all claims, of which notice may have been given as aforesaid, and neys and com cinnati, &c. 1 be filled by the president shall, in all matters relative thereto, govern themselves by the Vacancies in provisions of the said act. Vacancies in the said board of comthe board may missioners may be filled by the president of the United States alone. And the duties, powers, and emoluments, of the said commissioners, receiver of public moneys, and register of the land office at Cincinnati, and surveyor general, as prescribed by the said act, shall, and the same are hereby, continued. alone. Persons ob of pre-emp tion, &c. althe 1st of Jan. 1803, &c. lowed until 4. That every person who may have obtained, or who shall taining certifi- hereafter obtain, as aforesaid, a certificate of a right of pre-empcates of rights tion from the said commissioners, shall be allowed until the first day of January next to make the first payment required for the lands described in such certificate, and shall, in all other respects relative thereto, conform to the several provisions of the said act. § 5. That it shall and may be lawful for the secretary of the of the treasury treasury to cause to be viewed, marked, and opened, such roads such roads to within the territory northwest of the Ohio, as, in his opinion, be opened, &c. will best serve to promote the sales of the public lands in future: whole sum for Provided, That the whole sum to be expended on such roads The secretary may cause Proviso; the roads not to exceed 6,000 dolls. The lands around Vincennes, &e. to &c. be surveyed, Vol. i. p. 783. Proviso; the shall not exceed six thousand dollars, and that the same shall be paid out of the moneys paid by purchasers of public lands on account of surveying expenses. § 6. That all the lands around Vincennes, on the Wabash, in the Indiana territory, the Indian title to which hath been extinguished, shall be surveyed and laid off in the manner prescribed by the third section of an act, entitled "An act to amend an act entitled 'An act providing for the sales of the lands of the United States in the territory northwest of the Ohio, and above the mouth of Kentucky river," under directions from the secretary of the treasury, and by such person or persons as the president of the United States alone shall appoint for that purpose: Prowhole expense vided, That the whole expense of surveying and marking the of surveying, lines shall not exceed four dollars for every mile that shall be Two plats of actually run, surveyed, and marked. And two plats of the lands the land to be aforesaid shall be prepared by the person or persons who may survey the same, who shall also designate thereon the bounds of the lands of individuals held under reservations of the state of Virginia, or under the laws of the United States: one of the said plats shall be returned to the office of the secretary of the treasury, and the other shall be deposited with the secretary of the Indiana territory. &c. prepared, &c. One plat to the treasury department, &c. In all cases where any section, &c. of land, within the seven ranges, &c. has been sold prior to the 10th May, 1800, &c. 7. That in all cases where any section, or fractional section, of land lying within the seven ranges of townships, has been sold prior to the tenth day of May, one thousand eight hundred, under the authority of the United States, the lines of such section, or fractional section, shall be run under the direction of the secretary of the treasury, in the manner most consistent with the supposed boundaries of the same at the time of the sale, any thing in the act of the tenth of May, one thousand The secretary eight hundred, to the contrary notwithstanding. And it shall be lawful for the secretary of the treasury, whenever lines thus run shall interfere with the claim of a purchaser of public lands fere with the under the last mentioned act, to permit such purchaser, if he of the treasury, when lines inter shall desire it, at any time within six months after such lines, claim of a purthus interfering with his claim, shall have been run, to withdraw chaser, &c. in in lieu, &c. his former application, and to apply, in lieu, thereof, for any other vacant section. [Approved, May 1, 1802.] CHAP. [45.] An act to provide for the establishment of certain districts, and therein to amend Vol. i. p. 573. an act, entitled “An act to regulate the collection of duties on imports and tonnage; and vol. iii. p. for other purposes. 1622. called the dis § 1. Be it enacted, &c. That from and after the last day of A district June next, a district shall be formed from the district of York- formed, to be town, in Virginia, to be called the district of East River, which trict of East River, &c. shall comprehend the waters, shores, harbors, and inlets, of North and East River, and Mobjack Bay, and all other navigable waters, shores, harbors, and inlets, within the county of Mathews, in the said state; and it shall be lawful for the president of the United States to designate a proper place, to be the port of entry and delivery within the said district; and to appoint a collector and surveyor of the customs, to reside and keep their offices thereat, who shall be entitled to receive, in addition to the fees and other emoluments established by law, the annual salary of two hundred dollars each. The president to designate the port of livery; ap entry and de point a collec tor and surveyor, &c. Bennet's § 2. That from and after the said last day of June next, Ben- creek to cease net's creek, within the district of Edenton, and state of North to be a port of delivery, &c. Carolina, shall cease to be a port of delivery, as heretofore established, and the office, authority, and emoluments, of the surveyor of said port, shall also, from thenceforth, terminate and be discontinued; and a port of delivery, in lieu thereof, shall be A port of delivery to be established on Salmon creek, within the district aforesaid, at a established at place called the Tombstone; and a surveyor of the customs shall be appointed, to reside and keep an office thereat, who shall be mon creek, a entitled to receive for his services, in addition to the fees estab- Surveyor ap pointed, &c. lished by law, the annual salary heretofore allowed to the surveyor of Bennet's creek. the Tomb stone, on Sal the mouth of or to be ap 3. That from and after the said last day of June next, a livery to be A port of deport of delivery shall be established at the mouth of Slade's established at creek, on the north side thereof, within the district of Washing- Slade's creek, ton, and state of North Carolina, on a certain tract of land, in- &c. a surveytended and designated for a town, whereon William Parmley pointed, &c. resides; and a surveyor of the customs shall be appointed to reside and keep an office thereat, who shall be entitled to receive for his services, in addition to the fees established by law, an annual salary of one hundred and fifty dollars. Marietta to be &c. 4. That in the territory of the United States northwest of The district of the river Ohio, there shall, from and after the passing of this act, established, be established a district to be called the district of Marietta, which shall include all the waters, shores, and inlets, of the river Ohio, on the northern side, and the rivers, waters, and shores, connected therewith, above, or to the eastward of, and including the river Sciota, from the mouth thereof, upwards, as far as the same may be navigable: And a collector of the customs Marietta, and shall be appointed to reside and keep an office at the town of that the sole port of entry Marietta, which shall be the sole port of entry and delivery for and delivery, the said district; and the said collector shall be entitled to re- &c. VOL. II. 90 A collector at |