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The lands how which has not been already conveyed by letters patent, or divided, in to be surveyed, pursuance of an ordinance in Congress, passed on the twentieth of May, laid out, &c.
one thousand seven hundred and eighty-five, or which has not been heretofore, and during the present session of Congress may not be appropriated for satisfying military land bounties, and for other purposes, shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of the late Indian purchase, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers may render it impracticable; and then this rule shall be departed 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 of the
One half of the said townships, taking them alternately, shall be subdivided into sections, 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 said lines, at the end of every mile; the sections shall be numbered respectively, beginning with the number one, in the northeast 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 town. ship, 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, subdivided 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 licks, salt springs and mill seats, which shall come to his knowledge; all water courses, over which the line he runs shall pass; and also the quality of the lands. These field-books shall be returned to the Surveyor General, who shall therefrom cause a description of the whole lands surveyed, to be made
out and transmitted to the officers who may superintend the sales: He Plat of town. shall also cause a fair plat to be made of the townships, and fractional ships and frac
parts of townships, contained in the said lands, describing the subdivitional parts to be made.
sions thereof, and the 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. Reservations Sec. 3. Be it further enacted, That a salt spring lying upon a creek for the future which empties into the Sciota river, on the east side, together with as disposal of the United States.
many contiguous sections as shall be equal to one township, and every other salt spring which may be discovered, together with the section of one mile square which includes it, and also four sections at the centre of every township, containing each one mile square, shall be reserved, for the future disposal of the United States; but there shall be no reservations, except for salt springs, in fractional townships, where the frac
tion is less than three fourths of a township. Sections of 640 Sec. 4. Be it further enacted, That whenever seven ranges of townacres (except ships shall have been surveyed below the Great Miami, or between the reservations) to
Sciota river and the Ohio company's purchase, or between the southern boundary of the Connecticut claims and the ranges already laid off
be sold at ven
beginning upon the Ohio river and extending westwardly, and the plats due, by the thereof made and transmitted, in conformity to the provisions of this Governor of
Secretary of the act, the said sections of six hundred and forty acres (excluding those hereby reserved) shall be offered for sale, at public vendue, under the di- tory, and the rection of the governor or secretary of the western territory, and the Surveyor GenSurveyor 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 Undivided remaining undivided shall be offered for sale, in the same manner, at the townships to be seat of government of the United States, under the direction of the
ner by the SecSecretary of the Treasury, in tracts of one quarter of a township lying retary of the at the corners thereof, excluding the four central sections, and the other Treasury: reservations before mentioned : Provided always, that no part of the lands to be sold lands-directed by this act to be offered for sale, shall be sold for less than for less than two two dollars per acre.
dollars per acre. Sec. 5. Be it further enacted, That the Secretary of the Treasury, Secretary of after receiving the aforesaid plats, shall forthwith give notice, in one Treasury to give newspaper in each of the United States, and of the territories north- times of sale, west and south of the river Ohio, of the times of sale; which shall, in &c. no case, be less than two months from the date of the notice; and the sales at the different places shall not commence, 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 wbat time the sales will re-commence. Sec. 6. Be it further enacted, That immediately after the passing of
Certain other this act, the Secretary of the Treasury shall, in the manner herein lands to be sold. before 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 paid for; the townships which by the said ordinance, are directed to be sold entire, shall be offered for sale, at public vendue in Philadelphia, under the direction of the Secretary of the Treasury, in quarter townships, reserving the four centre sections, according to the directions of this act. The townships, which, by the said ordinance, are directed to be sold in sections, shall be offered for sale at public vendue, in Pittsburg, under 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. Sec. 7. Be it further enacted, That the highest bidder for any tract
Mode of pay of land, sold by virtue of this act, shall deposit, at the time of sale, one
ment and of
obtaining a pa. twentieth part of the amount of the purchase money; to be forfeited, if
tent, &c, 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 governor of the western territory, (as the case may be) a certificate describing the land sold, the sum paid on account, the balance
Mode of pay: remaining due, the time when such balance becomes payable; and that obtaining a pa.
the whole land sold will be forfeited, if the said balance is not then paid; tent, &c. 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 certificate, the President of the United States is
hereby authorized to grant a patent for the lands to the said purchaser, 1912, ch. 68, his heirs or assigns: And all patents shall be countersigned by the 1836, ch. 352, 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 theretofore paid on account of the purchase shall be forfeited to the 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. Entries to be Sec. 8. Be it further enacted, That the Secretary of the Treasury, made of the date of sales
and the governor of the territory north west of the river Ohio, shall respectively, cause books to be kept, in which shall be regularly entered, an account of the dates of all the sales made, the situation and numbers of the lots sold, the price at which each was struck off, the money deposited at the time of sale, and the dates of the certificates
granted to the different purchasers. The governor, or secretary of the Secretary to transmit copies
said territory shall, at every suspension or adjournment, for more than at certain times. three days, of the sales under their direction, transmit to the Secretary
of the Treasury, a copy of the said books, certified to have been duly Tracts sold to examined and compared with the original. And all tracts sold under be noted on the this act, shall be noted upon the general plat, after the certificate has general plat.
been granted to the purchaser. Navigable Sec. 9. And be it further enacted, That all navigable rivers, within rivers to be pub- the territory to be disposed of by virtue of this act, shall be deemed to lic highways.
be, and remain public highways: And that in all cases, where the opponavigable, to be site banks of any stream, not navigable, shall belong to different persons,
the stream and the bed thereof shall become common to both. perty. Compensation
Sec. 10. And be it further enacted, That the surveyor general shall of Surveyor Gen. receive for his compensation, two thousand dollars per annuin; and that
President to the President of the United States may fix the compensation of the fix compensation of assistant
assistant surveyors, chain carriers and axe men: Provided, that the surveyors. whole expense of surveying and marking the lines, shall not exceed
Expense, not three dollars per mile, for every mile that shall be actually run or surto exceed three dollars for
every mile surveyed. Sec. 11. And be it further enacted, That the following fees shall be
Regulation of paid for the services to be done under this act, to the treasurer of the sees to be paid. 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. Oath to be tak- Sec. 12. And be it further enacted, That the surveyor general, assisten by the Sur.
ant surveyors, and chain carriers, shall, before they enter on the several veyor General, &c.
duties to be performed under this act, severally take an oath or affirmaThe person
tion, faithfully to perform the same; and the person, to be appointed to be appointed to receive the money on sales in the western territory, before he shall rereceive the mo- ceive any money under this act, shall give bond with sufficient security,
for the faithful discharge of his trust : That, for receiving, safe keep- ney in the westing, and conveying to the treasury the money he may receive, he shall ern territory to be entitled to a compensation to be hereafter fixed.
give bond, &c. APPROVED, May 18, 1796.
STATUTE I. Chap. XXX.-_An Act to regulate Trade and Intercourse with the Indian Tribes, May 19, 1796. and to preserve Peace on the Frontiers.(a)
[Expired.] Secrion 1. Be it enacted by the Senate and House of Representatives Act of March of the United States of America in Congress assembled, That the fol- 30,1802; Act of
3, lowing boundary line, established by treaty between the United States
A boundary and various Indian tribes, shall be clearly ascertained, and distinctly line between marked, in all such places, as the President of the United States shall the United
States and va. deem necessary, and in such manner as he shall direct, to wit: Begin- rious Indian ning at the mouth of Cayahoga river on Lake Erie, and running thence tribes to be as. up the same, to the tage between that and the Tuscaroras branch of certained and
marked. 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 fifiy thousand acres, near the rapids of the Ohio, which has been assigned to General Clark, for the use of himself and his warriors; thence around the said tract, on the line of the said tract, till 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 Tennesse 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 Clinch i thence down the said river; to a point from which a line shall piss 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 Provision for tribes and the United States, shall, at any time hereafter, be varied, by alterations any treaty which shall be made between the said Indian tribes and the made by treaty. 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 herein before recited.
(a) The act of March 30, 1802, having described what should be the Indian country at that time, as well as at any future time, when purchases of territory should be made of the Indians, the carrying of spirituous liquors into a territory so purchased after March, 1802, although the same should be frequented and inhabited exclusively by Indians, would not be an offence within the meaning of the act of Congress, so as to subject the goods of the trader, found in company with those liquors, to seizure and forfeiture. American Fur Company v. The United States, 2 Peters, 358.
Penalty on Sec. 2. And be it further enacted, That if any citizen of, or other perpassing the
son resident in the United States, or either of the territorial districts of boundary to hunt, &c. 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. Penalty on Sec. 3. And be it further enacted, That if any such citizen, or other going into the country of the person, shall go into any country, which is allotted, or secured by treaty Indians south of as aforesaid to any of the Indian tribes south of the river Ohio, without the Ohio with- a passport first had and obtained from the governor of some one of the out a passport.
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, shail forfeit a sum not exceeding fifty dollars, or be impri
soned, not exceeding three months. Penalty on Sec. 4. And be it further enacted, That if any such citizen or other committing cer- person, shall go into any town, settlement or territory, belonging, or against the In.
secured by treaty with the United States, to any nation or tribe of Indians.
dians, 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 siim equal to twice the just value of the 0. States to property so taken or destroyed: And if such offender shall be unable pay in certain 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 satis
faction by any force or violence. Penalty on Sec. 5. And be it further enacted, That if any such citizen, or other settling on, &c.
person, shall make a settlement on any lands belonging, or secured, or the Indian lands.
granted 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 orkind 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 thousand dollars, and suffer imprisonPresident may ment not exceeding twelve months. And it shall, moreover, be lawful cause settlers to 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. Penalty on Sec. 6. And be it further enacted, That if any such citizen, or other murder upon an person, shall go into any town, settlement or territory belonging to any Indian. nation or tribe of Indians, and shall there commit murder, by killing any