Sidebilder
PDF
ePub

Acts of Congress.

said lines, at the end of every mile; the sections shall be numbered respectively, beginning with the number one, in the northern section, and proceeding west and east alternately, through the township, with progressive numbers, till the thirty-sixth be completed. And it shall be the duty of the deputy surveyors, respectively, to cause to be marked, on a tree near each corner, made as aforesaid, and within the section, the number of such section, and over it, the number of the township, within which such section may be ; and the said deputies shall carefully note, in their respective field books, the names of the corner trees marked, and the numbers so made. The fractional 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 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 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 circumstances may require. The corners of the townships shall be marked with progressive numbers from the beginning; each distance of a mile between the said corners shall be also distinctly marked with marks different from those at the corners. One-half of the said townships, taking 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,

SEC. 4. Be it further enacted, That, whenever seven ranges of townships shall have been surveyed below the Great Miami, or between the Sciota river and the Ohio company's purchase, or southern boundary of the Connecticut claims and the ranges already laid off, beginning upon the Ohio river and extending westwardly, and the

also producing satisfactory proof, by the first day
of January next, that the aforesaid road is open-
ed and ferries established upon the rivers afore-
said, for the accommodation of travelers, and
giving security that such ferries shall be main-
tained, during the pleasure of Congress, the Pre-
sident of the United States shall be, and he here-
by is, authorized and empowered to issue letters
patent, in the name and under the seal of the
United States, thereby granting and conveying
to the said Zane and his heirs the said tracts of
land located and surveyed as aforesaid; which
patents shall be countersigned by the Secretary
of State and recorded in his office: Provided al-
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.

Acts of Congress.

this act, shall deposit, at the time of sale, one twentieth part of the amount of the purchase money; to be forfeited, if a moiety of the sum bid, including the said twentieth part, is not paid within thirty days to the Treasurer of the United States, or to such person as shall be appointed by the President of the United States to attend the places of sale for that purpose; and upon payment of a moiety of the purchase money, within thirty days, the purchaser shall have one year's credit for the residue; and shall receive from the Secretary of the Treasury, or the Gov

or Secretary of the Western Territory, and the Surveyor General; such of them as lie below the Great Miami, shall be sold at Cincinnati; those of them which lie between the Sciota and the Ohio company's purchase, at Pittsburg; and those between the Connecticut claim and the seven ranges, at Pittsburg. And the townships remaining undivided shall be offered for sale, in the same manner at the seat of Government of the United States, under the direction of the Secretary of the Treasury, in tracts of one quarter of a township, lying at the corners thereof, excluding 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 his 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, be cified 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. And 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 again disposed of, in the same manner as if a sale had never been made: Provided, nevertheless, That should any purchaser make payment of the whole purchase money, at the time when the payment of the first moiety is directed to be made, he shall be entitled to a deduction of ten per centum on the part for which a credit is hereby directed to be given; and his patent shall be immediately issued.

SEC. 6. Be it further enacted, That immediately after the passing of this act, the Secretary of the Treasury shall, in the manner hereinbefore directed, advertise for sale, the lands remaining unsold in the seven ranges of townships, which were surveyed, in pursuance of an ordinance of Congress, passed the twentieth of May, one thousand seven hundred and eighty-five, including the lands drawn for the army, by the late Secretary 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 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 tary 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 Pittsburg, 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 nothing in this act shall authorize the sale of those lots which have been heretofore reserved in the townships already sold.

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.

SEC. 10. And be it further enacted, That the Surveyor General shall receive, for his compensa. tion, two thousand dollars per annum; and that the President of the United States may fix the compensation of the assistant surveyors, chain carriers, and axe-men: Provided, That the whole expense of surveying and marking the lines, shall not exceed three dollars per mile, for every mile that shall be actually run or surveyed.

Clarke, for the use of himself and his warriors; thence, around the said tract, on the line of the said tract, tiil it shall again intersect the said river Ohio; thence, down the same, to a point opposite the high lands or ridge between the mouth of the Cumberland and Tennessee rivers; thence, easterly on the said ridge to a point, from whence a southwest line will strike the mouth of Duck river; thence, still easterly on the said ridge, to a point forty miles above Nashville; thence, northeast, 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

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 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 accounted for by the receivers, respectively. 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. 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 fron-

tiers.

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 anywise 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 town, settlement, or territory, belonging, or secured by treaty with the United States, to any nation or tribe of Indians, and shall there commit robbery, larceny, trespass, or other crime, against the person or property of any friendly Indian or Indians, which would be punishable, if committed within the jurisdiction of any State, against a citizen of the United States; or, unauthorized by law, and with a hostile intention, shall be found on any Indian land, such offender shall forfeit a sum not exceeding one hundred dollars, and be imprisoned not exceeding twelve months; and shall, also, when property is taken or destroyed, forfeit and pay to such Indian or Indians, to whom the property taken and destroyed belongs, a sum equal to twice the just value of the property so taken or destroyed; and if such offender shall be unable to pay a sum at least equal to the said just value, whatever such payment shall fall short of the said just value, shall be paid out of the Treasury of the United States: Provided, nevertheless, That no such Indian shall be entitled to any payment 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.

of the Indian tribes as a trader, without a license under the hand and seal of the superintendent of the department, or of such other person as the President of the United States shall authorize to grant licenses for that purpose; which superintendent, or person authorized, shall, on application, issue such license, for a term not exceeding two years, who shall enter into bond with one or more sureties, approved of by the superintendent, or person issuing such license, or by the President of the United States, in the penal sum of one thousand dollars, conditioned for the true and faithful observance of such regulations and restrictions as are or shall be made for the government of trade and intercourse with the Indian tribes: and the superintendent, or person issuing such license, shall have full power and authority to recal the same, if the person so licensed shall transgress any of the regulations or restrictions, provided for the government of trade and intercourse with the Indian tribes; and shall put in suit such bonds as he may have taken, on the breach of any condition therein contained.

ing thirty days.

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 tribe, or shall survey, or attempt to survey, such lands, or designate any of the boundaries, by marking trees, or otherwise, such offender shall forfeit all his right, title, and claim, if any he hath, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, whereupon he shall make a settlement, or which he shall survey, or attempt to survey, or designate any of the boundaries thereof, by marking trees or otherwise, and shall 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. 9. And be it further enacted, That if any such citizen, or other person, shall purchase, or receive of any Indian, in the way of trade or barter, a gun, or other article commonly used in hunting any instrument of husbandry, or cooking utensil, of the kind usually obtained by the Indians in their intercourse with white people, or any article of clothing, except skins or furs, he shall forfeit a sum not exceeding fifty dollars, and be im

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

[ocr errors]

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 su-
shall purchase a horse, knowing him to be brought perintendent, or such other person as the Pre-
out 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
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 reason-
able 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 noin 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 compen- belong. sation to be made for their claims to the lands within such State, which shall be extinguished by the treaty.

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 ing therein in the same manner, as if such crimes, reside among the Indians, as he shall 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 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 districts, where the offender shall be apprehended, 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.

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 territorial districts of the United States, or shall commit any murder, violence, or outrage, upon an such citizen or inhabitant, it shall be the duty

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.

« ForrigeFortsett »