Acts of Congress.

also producing satisfactory proof, by the first day said lines, at the end of every mile; the sections of January next, that the aforesaid road is open- shall be numbered respectively, beginning with ed and ferries established upon the rivers afore- the number one, in the northern section, and prosaid, for the accommodation of travelers, and ceeding west and east alternately, through the giving security that such ferries shall be main township, with progressive numbers, till the thirtained, during the pleasure of Congress, the Pre-ty-sixth be completed. And it shall be the duty of sident of the United States shall be, and he here- the deputy surveyors, respectively, to cause to by is, authorized and empowered to issue letters be marked, on a tree near each corner, made as patent, in the name and under the seal of the aforesaid, and within the section, the number of United States, thereby granting and conveying such section, and over it, the number of the townto the said Zane and his heirs the said tracts of ship, within which such section may be; and the said' land located and surveyed as aforesaid; which deputies shall carefully note, in their respective patents shall be countersigned by the Secretary field books, the names of the corner trees markof State and recorded in his office: Provided al-ed, and the numbers so made. The fractional ways, That the rates of ferriage at such ferries shall, from time to time, be ascertained by any two of the Judges of the Territory northwest of the river Ohio, or such other authority as shall be appointed for that purpose.

Approved, May 17, 1796.

An Act providing for the sale of Lands of the United States in the Territory northwest of the river Ohio, and above the mouth of Kentucky river.

parts of townships shall be divided into sections, in manner aforesaid, and the fractions of sections shall be annexed to, and sold with, the adjacent entire sections. All lines shall be plainly marked upon trees, and measured with chains containing two perches of sixteen feet and one-half each, sub-divided into twenty-five equal links, and the chain shall be adjusted to a standard to be kept for that purpose. Every surveyor shall note in his field book, the true situations of all mines, salt Be it enacted, &c., That a Surveyor General licks, salt springs, and mill seats, which shall come shall be appointed, whose duty it shall be to en- to his knowledge; all water courses, over which, gage a sufficient number of skilful surveyors, as the line he runs shall pass; and also the quality his deputies, whom he shall cause, without delay, of the lands. These field books shall be returned to survey and mark the unascertained outlines of to the Surveyor General, who shall therefrom the lands lying northwest of the river Ohio, and cause a description of the whole lands surveyed, above the mouth of the river Kentucky, in which to be made out and transmitted to the officers who the titles of the Indian tribes have been extin- may superintend the sales. He shall also cause a guished, and to divide the same in the manner fair plat to be made of the townships, and frachereinafter directed; he shall have authority to tional parts of townships, contained in the said frame regulations and instructions for the govern-lands, describing the sub-divisions thereof, and the ment of his deputies; to administer the necessary oaths upon their appointment; and to remove them for negligence or misconduct in office.

marks of the corners. This plat shall be recorded in books to be kept for that purpose; a copy thereof shall be kept open at the Surveyor General's office, for public information; and other copies sent to the places of the sale, and to the Secretary of the Treasury.

SEC. 2. Be it further enacted, That the part of the said lands, which has not been already conveyed by letters patent, or divided, in pursuance of an ordinance in Congress, passed on the twen- SEC. 3. Be it further enacted, That a salt spring tieth of May, one thousand seven hundred and lying upon a creek which empties into the Scioeighty-five, or which has not been heretofore, and, ta river, on the east side, together with as many during the present session of Congress, may not contiguous sections as shall be equal to one townbe appropriated for satisfying military land boun- ship, and every other salt spring which may be ties, and for other purposes, shall be divided by discovered, together with the section of one mile north and south lines, run according to the true meri- square which includes it, and also four sections at dian, and by others crossing them at right angles, the centre of every township, containing each one so as to form townships of six miles square, un-mile square, shall be reserved, for the future disless where the line of the late Indian purchase, posal of the United States. But there shall be no or of tracts of land heretofore surveyed or patent-reservations, except for salt springs, in fractional ed, or the course of navigable rivers may render townships, where the fraction is less than three it impracticable; and then this rule shall be de-fourths of a township. parted from no further than such particular cir- SEC. 4. Be it further enacted, That, whenever cumstances may require. The corners of the seven ranges of townships shall have been surtownships shall be marked with progressive num- veyed below the Great Miami, or between the bers from the beginning; each distance of a mile Sciota river and the Ohio company's purchase, or between the said corners shall be also distinctly southern boundary of the Connecticut claims and marked with marks different from those at the the ranges already laid off, beginning upon the corners. One-half of the said townships, taking Ohio river and extending westwardly, and the them alternately, shall be sub-divided into sec-plats thereof made and transmitted, in conformtions, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines, at the end of every two miles; and by marking a corner, on each of the

ity to the provisions of this act, the said sections of six hundred and forty acres, (excluding those hereby reserved,) shall be offered for sale, at public vendue, under the direction of the Governor,

Acts of Congress.

or Secretary of the Western Territory, and the this act, shall deposit, at the time of sale, one Surveyor General; such of them as lie below the twentieth part of the amount of the purchase Great Miami, shall be sold at Cincinnati; those money; to be forfeited, if a moiety of the sum of them which lie between the Sciota and the bid, including the said twentieth part, is not paid Ohio company's purchase, at Pittsburg; and those within thirty days to the Treasurer of the Unibetween the Connecticut claim and the seven ted States, or to such person as shall be appointed ranges, at Pittsburg. And the townships remain- by the President of the United States to attend ing undivided shall be offered for sale, in the the places of sale for that purpose; and upon same manner at the seat of Government of the payment of a moiety of the purchase money, United States, under the direction of the Secre- within thirty days, the purchaser shall have one tary of the Treasury, in tracts of one quarter of year's credit for the residue; and shall receive a township, lying at the corners thereof, exclud- from the Secretary of the Treasury, or the Goving the four central sections, and the other reser-ernor of the Western Territory (as the case may vations before mentioned: Provided always, That be) a certificate describing the land sold, the sum no part of the lands directed by this act to be of paid on account, the balance remaining due, the fered for sale, shall be sold for less than two dol-time when such balance becomes payable; and lars per acre. that the whole land sold will be forfeited, if the said balance is not then paid; but that if it shall be duly discharged, the purchaser, or his assignee, or other legal representative, shall be entitled to a patent for the said lands. And on payment of the said balance to the Treasurer, within the specified time, and producing to the Secretary of State a receipt for the same, upon the aforesaid

SEC. 5. Be it further enacted, That the Secretary of the Treasury, after receiving the aforesaid plats, shall forthwith give notice, in one newspaper of each of the United States, and of the Territories northwest and south of the river Ohio, of the times of sale; which shall, in no case, be less than two months from the date of the notice, and the sales at the different places shall not com-certificate, the President of the United States is mence, within less than one month of each other. And when the Governor of the Western Territory, or Secretary of the Treasury, shall find it necessary to adjourn, or suspend the sales under their direction, respectively, for more than three days, at any one time, notice shall be given, in the public newspapers, of such suspension, and at what time, the sales will recommence.

hereby authorized to grant a patent for the lands to the said purchaser, his heirs or assigns. And all patents shall be countersigned by the Secretary of State, and recorded in his office. But if there should be a failure in any payment, the sale shall be void, all the money therefore paid on account of the purchase shall be forfeited to the United States, and the lands thus sold shall be

SEC. 6. Be it further enacted, That immedi-again disposed of, in the same manner as if a sale ately after the passing of this act, the Secretary of had never been made: Provided, nevertheless, the Treasury shall, in the manner herein before That should any purchaser make payment of the directed, advertise for sale, the lands remaining whole purchase money, at the time when the payunsold in the seven ranges of townships, whichment of the first moiety is directed to be made, he were surveyed, in pursuance of an ordinance of shall be entitled to a deduction of ten per centum Congress, passed the twentieth of May, one thou- on the part for which a credit is hereby directed sand seven hundred and eighty-five, including the to be given; and his patent shall be immediately lands drawn for the army, by the late Secretary issued. of War, and also those heretofore sold, but not SEC. 8. Be it further enacted, That the Secrepaid for; the townships which by the said ordi- tary of the Treasury, and the Governor of the nance are directed to be sold entire, shall be of- Territory northwest of the river Ohio, shall, refered for sale, at public vendue in Philadelphia, spectively, cause books to be kept, in which shall under the direction of the Secretary of the Trea- be regularly entered an account of the dates of sury, in quarter townships, reserving the four all the sales made, the situation and numbers of centre sections, according to the directions of this the lots sold, the price at which each was struck act. The townships which, by the said ordi- off, the money deposited at the time of sale, and nance, are directed to be sold in sections, shall be the dates of the certificates granted to the differoffered for sale at public vendue, in Pittsburg, un-ent purchasers. The Governor or Secretary of der the direction of the Governor or Secretary of the Western Territory, and such person, as the President may specially appoint for that purpose, by sections of one mile square each, reserving the four centre sections, as aforesaid; and all fractional townships shall also be sold in sections, at Pittsburg, in the manner and under the regulations provided by this act for the sale of fractional townships: Provided always, That nothing in this act shall authorize the sale of those lots which have been heretofore reserved in the townships already sold.

the said Territory shall, at every suspension or adjournment, for more than three days, of the sales under their direction, transmit to the Secre tary of the Treasury a copy of the said books, certified to have been duly examined and compared with the original. And all tracts sold under this act shall be noted upon the general plat, after the certificate has been granted to the purchaser.

SEC. 9. And be it further enacted, That all navigable rivers, within the Territory to be disposed of by virtue of this act, shall be deemed to be and remain public highways. And that in all SEC. 7. Be it further enacted, That the high-cases, where the opposite banks of any stream, est bidder for any tract of land, sold by virtue of not navigable, shall belong to different persons,

Acts of Congress.

the stream and the bed thereof shall become common to both.

Clarke, for the use of himself and his warriors; thence, around the said tract, on the line of the SEC. 10. And be it further enacted, That the said tract, till it shall again intersect the said river Surveyor General shall receive, for his compensa-Ohio; thence, down the same, to a point opposite tion, two thousand dollars per annum; and that the high lands or ridge between the mouth of the the President of the United States may fix the Cumberland and Tennessee rivers; thence, eastcompensation of the assistant surveyors, chain erly on the said ridge to a point, from whence a carriers, and axe-men: Provided, That the whole southwest line will strike the mouth of Duck riexpense of surveying and marking the lines, shall ver; thence, still easterly on the said ridge, to a not exceed three dollars per mile, for every mile point forty miles above Nashville; thence, norththat shall be actually run or surveyed. east, to Cumberland river; thence, up the said river, to where the Kentucky road crosses the same; thence, to the top of Cumberland mountain; thence, along Campbell's line, to the river Clinch; thence, down the said river, to a point from which a line shall pass the Holsten, at the ridge which divides the waters running into Little river, from those running into the Tennessee; thence, south, to the North Carolina boundary; thence, along the South Carolina Indian boundary, to and over the Ocunna mountain, in a southwest course, to Tugelo river; thence, in a direct line, to the top of the Currahee mountain, where the Creek line passes it; thence, to the head or source of the main south branch of the Oconee river, called the Appalachee; thence, down the middle of the said main south branch and river Oconee, to its confluence with Oakmulgee, which forms the river Altamaha; thence, down the middle of the said Altamaha, to the old line on the said river; and thence, along the said old line, to the river Saint Mary's: Provided always, That if the boundary line between the said Indian tribes and the United States, shall at any time hereafter be varied by any treaty which shall be made between the said Indian tribes and the United States, then all the provisions contained in this act shall be construed to apply to the said line so to be varied in the same manner as the said provisions now apply to the boundary line hereinbefore recited.

SEC. 11. And be it further enacted, That the following fees shall be paid for the services to be done under this act, to the Treasurer of the United States, or to the receiver in the Western Territory, as the case may be: for each certificate for a tract containing a quarter of a township, twenty dollars; for a certificate for a tract containing six hundred and forty acres, six dollars; and for each patent for a quarter of a township, twenty dollars; for a section of six hundred and forty acres, six dollars. And the said fees shall be accounted for by the receivers, respectively. SEC. 12. And be it further enacted, That the Surveyor General, assistant surveyors, and chain carriers shall, before they enter on the several duties to be performed under this act, severally take an oath or affirmation, faithfully to perform the same; and the person to be appointed to receive the money on sales in the Western Territory, before he shall receive any money under this act, shall give bond with sufficient security, for the faithful discharge of his trust. That, for receiving, safe-keeping, and conveying to the Treasury, the money he may receive, he shall be entitled to a compensation, to be hereafter fixed. Approved, May 18, 1796.

An Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.

Be it enacted, &c., That the following boundary line, established by treaty between the United States and various Indian tribes, shall be clearly ascertained, and distinctly marked in all such places as the President of the United States shall deem necessary, and in such manner as he shall direct, to wit: Beginning at the mouth of Cuyahoga river, on Lake Erie, and running thence up the same, to the portage between that and the Tuscaroras branch of the Muskingum; thence, down that branch, to the crossing-place above Fort Lawrence; thence, westerly, to a fork of that branch of the Great Miami river running into the Ohio, at or near which fork stood Laromie's store, and where commences the portage, between the Miami of the Ohio, and Saint Mary's river, which is a branch of the Miami which runs into Lake Erie; thence, a westerly course to Fort Recovery, which stands on a branch of the Wabash; thence, southwesterly, in a direct line to the Ohio, so as to intersect that river, opposite the mouth of Kentucky or Cuttawa river; thence, down the said river Ohio, to the tract of one hundred and fifty thousand acres, near the rapids of the Ohio, which has been assigned to General

SEC. 2. And be it further enacted, That if any citizen of, or other person resident in the United States, or either of the territorial districts of the United States, shall cross over, or go within the said boundary line, to hunt, or in any wise destroy the game; or shall drive, or otherwise convey any stock of horses or cattle to range, on any lands allotted or secured by treaty with the United States, to any Indian tribes, he shall forfeit a sum not exceeding one hundred dollars, or be imprisoned not exceeding six months.

SEC. 3. And be it further enacted, That if any such citizen, or other person, shall go into any country which is allotted or secured by treaty as aforesaid, to any of the Indian tribes south of the river Ohio, without a passport first had and obtained from the Governor of some one of the United States, or the officer of the troops of the United States commanding at the nearest post on the frontiers, or such other person as the President of the United States may from time to time authorize to grant the same, shall forfeit a sum not exceeding fifty dollars, or be imprisoned, not exceeding three months.

SEC. 4. And be it further enacted, That if

Acts of Congress.

any such citizen, or other person, shall go into any of the Indian tribes as a trader, without a license town, settlement, or territory, belonging, or se- under the hand and seal of the superintendent of cured by treaty with the United States, to any the department, or of such other person as the nation or tribe of Indians, and shall there commit President of the United States shall authorize to robbery, larceny, trespass, or other crime, against grant licenses for that purpose; which superinthe person or property of any friendly Indian or tendent, or person authorized, shall, on applicaIndians, which would be punishable, if commit- tion, issue such license, for a term not exceeding ted within the jurisdiction of any State, against two years, who shall enter into bond with one or a citizen of the United States; or, unauthorized more sureties, approved of by the superintendent, by law, and with a hostile intention, shall be found or person issuing such license, or by the President on any Indian land, such offender shall forfeit a of the United States, in the penal sum of one sum not exceeding one hundred dollars, and be thousand dollars, conditioned for the true and imprisoned not exceeding twelve months; and faithful observance of such regulations and reshall, also, when property is taken or destroyed, strictions as are or shall be made for the governforfeit and pay to such Indian or Indians, to whom ment of trade and intercourse with the Indian the property taken and destroyed belongs, a sum tribes: and the superintendent, or person issuing equal to twice the just value of the property so such license, shall have full power and authority taken or destroyed; and if such offender shall be to recal the same, if the person so licensed shall unable to pay a sum at least equal to the said just transgress any of the regulations or restrictions, value, whatever such payment shall fall short of provided for the government of trade and interthe said just value, shall be paid out of the Trea-course with the Indian tribes; and shall put in sury of the United States: Provided, nevertheless, suit such bonds as he may have taken, on the That no such Indian shall be entitled to any pay-breach of any condition therein contained. ment out of the Treasury of the United States for any such property taken or destroyed, if he, or any of the nation to which he belongs, shall have sought private revenge, or attempted to obtain satisfaction by any force or violence.

SEC. 8. And be it further enacted, That any such citizen, or other person, who shall attempt to reside in any town or hunting camp of any of the Indian tribes as a trader, without such license, shall forfeit all the merchandise offered for sale SEC. 5. And be it further enacted, That if any to the Indians, or found in his possession, and shall, such citizen, or other person, shall make a settle- moreover, be liable to a fine not exceeding one ment on any lands belonging, or secured, or grant-hundred dollars, and to imprisonment not exceed ed by treaty with the United States, to any Indian ing thirty days. tribe, or shall survey, or attempt to survey, such SEC. 9. And be it further enacted, That if any lands, or designate any of the boundaries, by such citizen, or other person, shall purchase, or remarking trees, or otherwise, such offender shall ceive of any Indian, in the way of trade or barter, forfeit all his right, title, and claim, if any he hath, a gun, or other article commonly used in hunting of whatsoever nature or kind the same shall or may any instrument of husbandry, or cooking utensil, be, to the lands aforesaid, whereupon he shall of the kind usually obtained by the Indians in make a settlement, or which he shall survey, or their intercourse with white people, or any artiattempt to survey, or designate any of the bounda- cle of clothing, except skins or furs, he shall forries thereof, by marking trees or otherwise, and feit a sum not exceeding fifty dollars, and be imshall also forfeit a sum not exceeding one thou-prisoned not exceeding thirty days. sand dollars, and suffer imprisonment not exceeding twelve months. And it shall, moreover, be lawful for the President of the United States to take such measures and to employ such military force, as he may judge necessary, to remove from lands belonging, or secured by treaty, as aforesaid, to any Indian tribe, any such citizen or other person, who has made or shall hereafter make, or attempt to make, a settlement thereon; and every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, upon conviction of the offender, without any other or further proceeding.

SEC. 6. And be it further enacted, That if any such citizen, or other person, shall go into any town, settlement, or territory, belonging to any nation or tribe of Indians, and shall there commit murder, by killing any Indian or Indians belonging to any nation or tribe of Indians in amity with the United States, such offender, on being thereof convicted, shall suffer death.

SEC. 7. And be it further enacted, That no such citizen, or other person, shall be permitted to reside at any of the towns or hunting camps, of any

SEC. 10. And be it further enacted, That no such citizen, or other person, shall be permitted to purchase any horse of an Indian, or of any white man in the Indian territory, without special license for that purpose; which license, the superintendent, or such other person as the President shall appoint, is hereby authorized to grant, on the same terms, conditions, and restrictions, as other licenses are to be granted under this act. And any such person who shall purchase a horse or horses under such license, before he exposes such horse or horses for sale, and within fifteen days after they have been brought out of the Indian country, shall make a particular return to the superintend ent, or other person, from whom he obtained his license, of every horse purchased by him, as aforesaid; describing such horses by their color, height, and other natural or artificial marks, under the penalty contained in their respective bonds. And every such person purchasing a horse or horses, as aforesaid, in the Indian country, without a special license, shall, for every horse thus purchased and brought into any settlement of citizens of the United States, forfeit a sum not exceed

Acts of Congress.

SEC. 11. And be it further enacted, That no agent, superintendent, or other person, authorized to grant a license to trade or purchase horses, shall have any interest or concern in any trade with the Indians, or in the purchase or sale of any horse to or from any Indian, excepting for and on account of the United States. And any person offending herein, shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.

ing one hundred dollars, and be imprisoned not of such citizen or inhabitant, his representative, exceeding thirty days. And every person who attorney, or agent, to make application to the sushall purchase a horse, knowing him to be brought perintendent, or such other person as the Preout of the Indian territory, by any person or per-sident of the United States shall authorize for sons not licensed as above to purchase the same, that purpose; who, upon being furnished with the necessary documents and proofs, shall, under shall forfeit the value of such horse. the direction or instruction of the President of the United States, make application to the nation or tribe to which such Indian or Indians shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction in a reasonable time, not exceeding eighteen months, then it shall be the duty of such superintendent or other person authorized, as aforesaid, to make return of his doings to the President of the United States, and forward to him all the documents and proofs SEC. 12. And be it further enacted, That no in the case, that such further steps may be taken, purchase, grant, lease, or other conveyance of as shall be proper to obtain satisfaction for the inlands, or of any title or claim thereto, from any jury: and in the meantime, in respect to the proIndian, or nation, or tribe of Indians, within the perty so taken, stolen, or destroyed, the United bounds of the United States, shall be of any va-States guarantee to the party injured an eventual lidity in law or equity, unless the same be made indemnification: Provided, always, That if such by treaty or convention, entered into pursuant to injured party, his representative, attorney, or the Constitution. And it shall be a misdemeanor agent, shall in any way violate any of the proviin any person not employed under the authority sions of this act, by seeking, or attempting to obof the United States, to negotiate such treaty or tain private satisfaction or revenge, by crossing convention, directly or indirectly, to treat with over the line, on any of the Indian lands, he shall any such Indian nation or tribe of Indians, for forfeit all claim upon the United States for such the title or purchase of any lands by them held or indemnification: And provided, also, That nothing claimed, punishable by fine not exceeding one herein contained shall prevent the legal apprehenthousand dollars, and imprisonment not exceed- sion or arresting within the limits of any State or ing twelve months: Provided, nevertheless, That district of any Indian having so offended: And it shall be lawful for the agent or agents of any provided further, That it shall be lawful for the State who may be present at any treaty held President of the United States to deduct such sum with Indians under the authority of the United or sums as shall be paid for the property taken, States, in the presence and with the approbation stolen, or destroyed by any such Indian, out of the of the commissioner or commissioners of the Uni-annual stipend which the United States are bound ted States, appointed to hold the same, to propose to pay to the tribe to which such Indian shall to, and adjust with the Indians, the compensation to be made for their claims to the lands within such State, which shall be extinguished by the treaty.

belong.

SEC. 15. And be it further enacted, That the superior courts in each of the said territorial districts, and the circuit courts, and other courts of SEC. 13. And be it further enacted, That, in the United States of similar jurisdiction in crimiorder to promote civilization among the friendly nal causes, in each district of the United States, Indian tribes, and to secure the continuance of in which any offender against this act shall be aptheir friendship, it shall be lawful for the Presi- prehended, or, agreeably to the provisions of this dent of the United States to cause them to be fur- act, shall be brought for trial, shall have, and are nished with useful domestic animals, and imple- hereby invested with full power and authority to ments of husbandry, and with goods or money, as hear and determine all crimes, offences, and mishe shall judge proper, and to appoint such per-demeanors, against this act; such courts proceedsons from time to time, as temporary agents, to reside among the Indians, as he shall think fit: Provided, That the whole amount of such presents and allowance to such agents, shall not exceed fifteen thousand dollars per annum.

ing therein in the same manner, as if such crimes, offences, and misdemeanors, had been committed within the bounds of their respective districts: and in all cases where the punishment shall not be death, the county courts of quarter sessions in the said territorial districts, and the district courts of the United States in their respective districts, shall have, and are hereby invested with, like power to hear and determine the same, any law to the contrary notwithstanding: and in all cases where the punishment shall be death, it shall be lawful for the Governor of either of the territorial

SEC. 14. And be it further enacted, That if any Indian or Indians belonging to any tribe in amity with the United States, shall come over or cross the said boundary line, into any State or territory inhabited by citizens of the United States, and there take, steal, or destroy, any horse, horses, or other property, belonging to any citizen or inhabitant of the United States, or of either of the ter-districts, where the offender shall be apprehended, ritorial districts of the United States, or shall commit any murder, violence, or outrage, upon an such citizen or inhabitant, it shall be the duty

or into which he shall be brought for trial, to issue a commission of oyer and terminer to the superior judges of such district, who shall have full power