« ForrigeFortsett »
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 countersigped 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 parts of townships shall be divided into sections, shall
, from time to time, be ascertained by any in manner aforesaid, and the fractions of sections two of the Judges of the Territory northwest of shall be annexed to, and sold with, the adjacent the river Ohio, or such other authority as shall be entire sections. All lines shall be plainly marked appointed for that purpose.
upon trees, and measured with chains containing Approved, May 17, 1796.
two perches of sixteen feet and one-half each,
sub-divided into twenty-five equal links, and the An Act providing for the sale of Lands of the United chain shall be adjusted to a standard to be kept
States in the Territory northwest of the river Ohio, for that purpose. Every surveyor shall note in and above the mouth of Kentucky river.
his field book, the true situations of all mines, salt Be it enacted, fc., 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 necessa- marks of the corners. This plat shall be recordry oaths upon their appointment; and to remove ed in books to be kept for that purpose ; a copy them for negligence or misconduct in office. thereof shall be kept open at the Surveyor Gene
Sec. 2. Be it further enacted, That the part of ral's office, for public information; and other the said lands, which has not been already con- copies sent to the places of the sale, and to the veyed by letters patent, or divided, in pursuance Secretary of the Treasury. 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 ity to the provisions of this act, the said sections and forty acres each, by running through the same, of six hundred and forty acres, (excluding those each way, parallel lines, at the end of every two hereby reserved,) shall be offered for sale, at pubmiles; and by marking 'a corner, on each of the lic 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 sun 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-1 from the Secretary of the Treasury, or the Gore ing 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 Sec. 5. Be it further enacted, That the Secre- said balance is not then paid; but that if it shall tary of the Treasury, after receiving the afore- be duly discharged, the purchaser, or bis assignee, said plats, shall forthwith give notice, in one news- or other legal representative, shall be entitled to a paper of each of the United States, and of the patent for the said lands. And on payment of Territories northwest and south of the river Ohio, the said balance to the Treasurer, within the speof the times of sale; which shall, in no case, becified time, and producing to the Secretary of less than two months from the date of the notice, State a receipt for the same, upon the aforesaid 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. hereby authorized to grant a patent for the lands And when the Governor of the Western Terri- to the said purchaser, his heirs or assigns. Aod tory, or Secretary of the Treasury, shall find it all patents shall be countersigned by the Secretanecessary to adjourn, or suspend the sales under ry of State, and recorded in his office. But if their direction, respectively, for more than three there should be a failure in any payment, the sale days, at any one time, notice shall be given, in shall be void, all the money therefore paid on acthe public newspapers, of such suspension, and at count of the purchase shall be forfeited to the what time, the sales will recommence.
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 hereinbefore That should any purchaser make payment of the directed, advertise for sale, the lands remaining whole purchase money, at the time when the pay. unsold in the seven ranges of townships, which ment 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-Ion 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
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 said Territory shall, at every suspension or the Western Territory, and such person, as the adjournment, for more than three days, of the President may specially appoint for that purpose, sales under their direction, transmit to the Secre by sections of one mile square each, reserving the lary of the Treasury a copy of the said books, four centre sections, as aforesaid ; and all frac- certified to have been duly examined and compational townships shall also be sold in sections, at red with the original. And all tracts sold under Pittshurg, in the manner and under the regula- this act shall be noted upon the general plat, after tions provided by this act for the sale of frac- the certificate has been granted to the purchaser. tional townships : Provided always, That noth- Sec. 9. And be it further enacted, That all ing in this act shall authorize the sale of those navigable rivers, within the Territory to be dislots which have been heretofore reserved in the posed of by virtue of this act, shall be deemed to townships already sold.
be and remain public highways. And that in all Sec. 1. 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 l not navigable, shall belong to different persoas,
Acts of Congress.
the stream and the bed thereof shall become com- Clarke, for the use of himself and his warriors; mon to both.
thence, around the said tract, on the line of the Sec. 10. And be it further enacted, That the said tract, tiil 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 abore Nashville; thence, norththat shall be actually run or surveyed.
east, to Cumberland river; thence, up the said Sec. 11. And be it further enacted, That the river, to where the Kentucky road crosses the following fees shall be paid for the services to be same; thence, to the top of Cumberland moundone under this act, to the Treasurer of the Uni- tain ; thence, along Campbell's line, to the river ted States, or to the receiver in the Western Ter-Clinch; thence, down the said river, to a point ritory, as the case may be : for each certificate from which a line shall pass the Holsten, at the for a tract containing a quarter of a township, ridge which divides the waters running into Little twenty dollars; for a certificate for a tract con- river, from those running into the Tennessee ; taining six hundred and forty acres, six dollars; thence, south, to the North Carolina boundary; and for each patent for a quarter of a township, thence, along the South Carolina Indian boundtwenty dollars; for a section of six hundred and ary, to and over the Ocunna mountain, in a southforty acres, six dollars. And the said fees shall west course, to Tugelo river; thence, in a direct be accoun:ed for by the receivers, respectively. line, to the top of the Currahee mountain, where
Sec. 12. And be it further enacted, That the the Creek line passes it; thence, to the head or Surveyor General, assistant surveyors, and chain source of the main south branch of the Oconee carriers shall, before they enter on the several river, called the Appalachee; thence, down the duties to be performed under this act, severally middle of the said main south branch and river take an oath or affirmation, faithfully to perform Oconee, to its confluence with Oakmulgee, which the same; and the person to be appointed to re-forms the river Altamaha; thence, down the midceive the money on sales in the Western Terri-dle of the said Altamaha, to the old line on the tory, before he shall receive any money under said river; and thence, along the said old line, to this act, shall give bond with sufficient security, the river Saint Mary's: Provided always, That if for the faithful discharge of his trust. That, for the boundary line between the said Indian tribes receiving, safe-keeping, and conveying to the and the United States, shall at any time hereafTreasury, the money he may receive, he shall be ter be varied by any treaty which shall be made entitled to a compensation, to be hereafter fixed. between the said Indian tribes and the United Approved, May 18, 1796.
States, then all the provisions contained in this
act shall be construed to apply to the said line so An Act to regulate trade and intercourse with the to be varied in the same manner as the said pro
Indian tribes, and to preserve peace on the fron- visions now apply to the boundary line hereintiers.
before recited. Be it enacted, fc., That the following boundary Sec. 2. And be it further enacted, That if any line, established by treaty between the United citizen of, or other person resident in the United States and various Indian tribes, shall be clearly States, or either of the territorial districts of the ascertained, and distinctly marked in all such United States, shall cross over, or go within the places as the President of the United States shall said boundary line, to hunt, or in anywise destroy deem necessary, and in such manner as he shall di- the game; or shall drive, or otherwise convey rect, to wit: Beginning at the mouth of Cuyaho- any stock of horses or cattle to range, on any lands ga river, on Lake Erie, and running thence up allotted or secured by treaty with the United the same, to the portage between that and the States, to any Indian tribes, he shall forfeit a sum Tuscaroras branch of the Muskingum; thence, not exceeding one hundred dollars, or be impridown that branch, to the crossing-place above soned not exceeding six months. Fort Lawrence; thence, westerly, to a fork of Sec. 3. And be it further enacted, That if any that branch of the Great Miamí river running such citizen, or other person, shall go into any into the Ohio, at or near which fork stood Laro-country which is allotted or secured by treaty mie's store, and where commences the portage, as aforesaid, to any of the Indian tribes south of between the Miami of the Ohio, and Saint Mary's the river Ohio, without a passport first had and river, which is a branch of the Miami which runs obtained from the Governor of some one of the into Lake Erie; thence, a westerly course to Fort United States, or the officer of the troops of the Recovery, which stands on a branch of the Wa United States commanding at the nearest post bash; thence, southwesterly, in a direct line to on the frontiers, or such other person as the Prethe Ohio, so as to intersect that river, opposite the sident of the United States may from time to mouth of Kentucky or Cuttawa river; thence, time authorize to grant the same, shall forfeit a down the said river Ohio, to the tract of one hun- sum not exceeding fifty dollars, or be imprisoned, dred and fifty thousand acres, near the rapids of not exceeding three months. the Ohio, which has been assigned to General 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 te 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 of 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 jhe Presidení 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 govergforfeit 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, shali 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 Sec. 8. And be it further enacted, That any for any such property taken or destroyed, if he, such citizen, or other person, who shall attempt or any of the nation to which he belongs, shall to reside in any town or hunting camp of any of have sought private revenge, or attempted to ob- the Indian tribes as a trader, without such license, tain satisfaction by any force or violence. 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 exceeded 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 exceed- Sec. 10. And be it further enacted, That no such ing twelve months. And it shall, moreover, be citizen, or other person, shall be permitted to purlawful for the President of the United States to chase any horse of an Indian, or of any white take such measures and to employ such military man in the Indian territory, without special liforce, as he may judge necessary, to remove from cense for that purpose; which license, the superlands belonging, or secured by treaty, as aforesaid, intendent, or such other person as the President to any Indian tribe, any such citizen or other per- shall appoint, is hereby authorized to grant, on the son, who has made or shall hereafter make, or at- same terms, conditions, and restrictions, as other tempt to make, a settlement thereon ; and every licenses are to be granted under this act.' And any right, title, or claim, forfeited under this act, shall such person who shall purchase a horse or horses be taken and deemed to be vested in the United under such license, before he exposes such horse States, upon conviction of the offender, without or horses for sale, and within fifteen days after any other or further proceeding.
they have been brought out of the Indian country, Sec. 6. And be it further enacted, That if any shall make a particular return to the superintend such citizen, or other person, shall go into any ent, or other person, from whom he obtained his town, settlement, or territory, belonging to any license, of every horse purchased by him, as afore nation or tribe of Indians, and shall there commit said ; describing such horses by their color, height, murder, by killing any Indian or Indians belong- and other natural or artificial marks, under the ing to any nation or tribe of Indians in amity penalty contained in their respective bonds. And with the United States, such offender, on being every such person purchasing a horse or horses thereof convicted, shall suffer death.
as aforesaid, in the Indian country, without a Sec. 7. And be it further enacted, That no such special license, shall, for every horse thus purcitizen, or other person, shall be permitted to re- chased and brought into any settlement of citizens side at any of the towns or hunting camps, of any of the United States, forfeit a sunn not exceed
Acts of Congress.
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 shall forfeit the value of such horse.
the necessary documents and proofs, shall, under Sec. 11. And be it further enacted, That no the direction or instruction of the President of the agent, superintendent, or other person, authorized United States, make application to the nation or to grant a license to trade or purchase horses, tribe to which such Indian or Indians shall belong, shall have any interest or concern in any trade for satisfaction ; and if such nation or tribe shall with the Indians, or in the purchase or sale of any neglect or refuse to make satisfaction in a reasonhorse to or from any Indian, excepting for and on able time, not exceeding eighteen months, then account of the United States. And any person it shall be the duty of such superintendent or other offending herein, shall forfeit a sum not exceeding person authorized, as aforesaid, to make return of one thousand dollars, and be imprisoned not ex- his doings to the President of the United States, ceeding twelve months.
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 tine 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 compen- belong. sation to be made for their claims to the lands Sec. 15. And be it further enacted, That the within such State, which shall be extinguished superior courts in each of the said territorial disby the treaty;
tricts, and the circuit courts, and other courts of Sec. 13. And be it further enacted, That, in the Unitei States of similar jurisdictiou in crimiorder to promote civilization among the friendly pal 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 ing therein in the same manner, as if such crimes, reside among the Indians, as he shalí think fit: offences, and misdemeanors, had been committed Provided, That the whole amount of such presents within the bounds of their respective districts : and allowance to such agents, shall not exceed and in all cases where the punishment shall not fifteen thousand dollars per annum.
be death, the county courts of quarter sessions in Sec. 14. And be it further enacted, That if any the said territorial districts, and the district courts Indian or Indians belonging to any tribe in amity of the United States in their respective districts, with the United States, shall come over or cross shall have, and are hereby invested with, like the said boundary line, into any State or territory power to hear and determine the same, any law inhabited by citizens of the United States, and to the contrary notwithstanding: and in all cases there take, steal, or destroy, any horse, horses, or where the punishment shall be death, it shall be other property, belonging to any citizen or inha- flawful for the Governor of either of the territorial bitant of ihe United Staies, or of either of the ter- districts, where the offender shall be apprehended, ritorial districts of the United States, or shall or into which he shall be brought for trial, to issue commit any murder, violence, or outrage, upon a commission of oyer and terminer to the superior an such citizen or inhabitant, it shall be the duty ) judges of such district, who shall have full power,