general shall prepare and transmit a plan thereof to the aforesaid register, immediately after the said survey shall be completed, and also forward a copy thereof to the Secretary of the Treasury. section of 640 acres, &c. SEC. 8. And be it further enacted, That all persons, availing themselves, Applications to of a pre-emption under this act, shall make application for a section, be made as for a or any part or parts of a section or sections, according to the estimated quantity of six hundred and forty acres to a section, and the amount of the excess or deficiency shall be added to or deducted from the last payment, and the purchaser shall make payment for and hold the quantity returned and expressed in the plats, let the quantity be more or less. surveyor-gen a different man SEC. 9. And be it further enacted, That the duties of the surveyor-gen- Duties and aleral, of the aforesaid register and receiver of public monies, as nearly lowance of the as may be consistent with this act, shall respectively be the same as di- eral, register, rected in and by the last-recited act, and the fees and emoluments shall and receiver of respectively be the same as provided in the said act last recited. public monies. SEC. 10. And be it further enacted, That after completing the surveys, Parts of the agreeably to this act, reserving the lots marked sixteen in each town-land to be sold in ship, or fractional part of a township, in which the same may be, for the purposes expressed in the ordinance of Congress of the twentieth of May, one thousand seven hundred and eighty-five, the residue of the lands, and so many of the aforesaid pre-emptions as shall become forfeited by reason of failures of payment, shall be sold agreeably to the last-recited act. SEC. 11. And be it further enacted, That this act shall have full operation and effect, anything in any former law to the contrary notwithstanding. (a) (a) See Nos. 4, 6, 16, 30, 31, 32, 36, 133, 170, 181. ner Repeal of former laws within the purview of this. No. 26--AN ACT for the relief of Isaac Zane. April 3, 1802. Lands con. Zane. Be it enacted, &c., That the President of the United States be, and he is hereby authorized and empowered to issue letters-patent, in the name, and under the seal of the United States, thereby granting and yeyed to Isaac conveying to Isaac Zane, his heirs and assigns, in fee simple, three sections of land, of one square mile each, within the Northwestern Territory, of any lands not heretofore granted or reserved, and to which the Indian title has been extinguished; in trust, nevertheless, in respect to two of the said sections, which shall be last mentioned and described in the said letters-patent, to, and for the use and benefit of the children of the said Isaac Zane, who shall be living at the time of his death, and of the heirs of any child or children, deceased, and their heirs, respectively, to hold as tenants in common. SEC. 2. And be it further enacted, That the said Isaac Zane, or his at- How to be lotorney in fact, shall, and they are hereby authorized and empowered cated. to locate the said three sections in one or more tracts, not to exceed three locations of six hundred and forty acres each: Provided, The said land is not granted, appropriated, or reserved by any act or resolution of the United States, or of Virginia, at the time of location. SEC. 3. And be it further enacted, That the surveyor-general of the To be surveyed United States, or one of his deputies, shall, without delay, reasonable and laid off by notice thereof being first given, survey and lay off the same as the law directs: Provided, The same has not, at such time, been surveyed. the surveyorgeneral. No. 27.-AN ACT in addition to an act, intituled "An act, in addition to an act regulating the grants of land appropriated for military services, and for the Society of the United Brethren, for propagating the Gospel among the Heathen." April 26, 1802. How the hold warrants for mil. Be it enacted, &c., That from and after the passing of this act, and until the first day of January next, it shall be lawful for the holders or ers of certain proprietors of warrants heretofore granted in consideration of military itary services, or services, or register's certificates of fifty acres, or more, granted, or here- register's certifiafter to be granted agreeable to the third section of an act intituled cates, may regis. "An act in addition to an act, intituled An act regulating the grants of ter or locate the land appropriated for military services; and for the Society of the United Brethren for propagating the Gospel among the Heathen," approved the first day of March one thousand eight hundred, to register and locate the same, in the same manner, and under the same restric same. tions, as might have been done before the first day of January last: Provision with Provided, That persons holding register's certificates for a less quantity respect to certain than one hundred acres, may locate the same on such parts of fractional register's certititownships, as shall, for that purpose, be divided by the Secretary of the cates. Treasury into lots of fifty acres each. (a) Secretary of SEC. 2. And be it further enacted, That it shall be the duty of the SecWar to receive retary of War to receive claims to lands for military services, and claims claims to lands, for duplicates of warrants issued from his office, or from the land office and for dupli- of Virginia, or of plats and certificates of surveys founded on such warrants, suggested rants, suggested to have been lost or destroyed, until the first day of to have been lost. January next, and no longer; and immediately thereafter, to report the To report the same to Congress, designating the numbers of claims of each description, gress, with his with his opinion thereon. (b) cates of war same to Con opinion. April 30, 1802. The inhabi (a) See Nos. 12, 15, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. (b) See Nos. 1, 8, 22, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 28.-AN ACT to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes. Be it enacted, &c., That the inhabitants of the eastern division of the tants of the east territory northwest of the river Ohio, be, and they are hereby authorern division of ized to form for themselves a constitution and State government, and the territory west of the Ohio to assume such name as they shall deem proper, and the said State, to form a consti- when formed, shall be admitted into the Union, upon the same footing tution and be- with the original States, in all respects whatever. come a State. Boundaries thereof. SEC. 2. And be it further enacted, That the said State shall consist of all the territory included within the following boundaries, to wit: Bounded on the east by the Pennsylvania line, on the south by the Ohio River, to the mouth of the Great Miami River, on the west by the line drawn due north from the mouth of the Great Miami, aforesaid, and on the north by an east and west line, drawn through the southerly extreme of Lake Michigan, running east after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line, aforesaid: Provided, That Congress shall be at liberty at any time hereafter, either to attach all the terriTerritory east tory lying east of the line to be drawn due north from the mouth of the thereof at the Miami, aforesaid, to the territorial line, and north of an east and west disposal of Con- line drawn through the southerly extreme of Lake Michigan, running gress. ana. east as aforesaid to Lake Erie, to the aforesaid State, or dispose of it otherwise, in conformity to the fifth article of compact between the original States, and the people and States to be formed in the territory northwest of the river Ohio. What part of SEC. 3. And be it further enacted, That all that part of the territory of territory at the United States, northwest of the river Ohio, heretofore included in tached to Indi- the eastern division of said territory, and not included within the boundary herein prescribed for the said State, is hereby attached to, and made a part of the Indiana Territory, from and after the formation of the said State, subject nevertheless to be hereafter disposed of by Congress, according to the right reserved in the fifth article of the ordinance aforesaid, and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects whatever, with all other citizens residing within the Indiana territory. (a) Propositions vention. * * SEC. 7. And be it further enacted, That the following propositions be, offered to the con- and the same are hereby offered to the convention of the eastern State of the said territory, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. First, That the section, number sixteen, in every township, and where such section has been sold, granted or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township, for the use of schools. (b) Second, That the six miles reservation, including the salt springs, commonly called the Scioto salt springs, the salt springs near the Muskingum River, and in the military tract, with the sections of land which include the same, shall be granted to the said State for the use of the people thereof, the same to be used under such terms and conditions and regulations as the legislature of the said State shall direct: Provided, The said legislature shall never sell nor lease the same for a longer period than ten years. (c) Third, That one twentieth part of the nett proceeds of the lands lying within the said State sold by Congress, from and after the thirtieth day of June next, after deducting all expenses incident to the same, shall be applied to the laying out and making public roads, leading from the navigable waters emptying into the Atlantic, to the Ohio, to the said State, and through the same, such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass: (d) Provided always, That the three foregoing propositions herein offered, are on the conditions that the convention of the said State shall provide, by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by Congress, from and after the thirtieth day of June next, shall be and remain exempt from any tax laid by order or under authority of the State, whether for State, county, township or any other purpose whatever, for the term of five years from and after the day of sale. (e) (a) See Nos. 57, 141, 142. (b) See Nos. 31, 45, 47, 76, 79, 85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168, 179. (e) See Nos. 11, 73, 76, 79, 105. (d) See No. 31. (e) See No. 169. No. 29.—AN ACT to empower John James Dufour, and his associates, to purchase May 1, 1802. certain lands. Vol. 6, p. 47. may Be it enacted, &c., That to encourage the introduction, and to promote the culture of the vine within the territory of the United States, north- which John J. west of the river Ohio, it shall be lawful for John James Dufour, and Dufour and his his associates, to purchase any quantity not exceeding four sections of associates the lands of the United States, lying between the Great Miami River purchase certain and the Indian boundary line, at the rate of two dollars per acre, payable without interest, on or before the first day of January, one thousand eight hundred and fourteen. lands. the SEC. 2. And be it further enacted, That it shall be the duty of the reg- Duty of ister of the land office, established at Cincinnati, to receive and to enter register, &c., upon the applica on his entry-book, the applications of the said Dufour, and his associates, tion of Dufour for any unappropriated sections with the adjoining fractions, if any, not and his associ to exceed in the whole four sections, and lying within the district afore- ates. said; stating in each entry the date of the application and the number of the section or fraction, township and range applied for; and it shall also be the duty of the said register to deliver to the said Dufour and his associates, a copy of each entry thus made; also a copy of the description or field-notes, and of the plat of each tract, with a certificate stating that the same has been purchased under the authority of this act, at the rate of two dollars per acre, payable without interest, on or before the first day of January, one thousand eight hundred and fourteen. SEC. 3. And be it further enacted, That payment for said land may be made at the Treasury of the United States, or to the receiver of the land made. office at Cincinnati, either in specie, or in the evidences of the public debt of the United States, at the rates prescribed by an act entitled "An act to authorize the receipt of evidences of the public debt in payment for the lands of the United States," and a discount at the rate of six per cent. a year shall be allowed on any payments, which shall be made before the same shall become due. Payment, to be where Patents to be SEC. 4. And be it further enacted, That on producing to the Secretary issued, on cer. of the Treasury copies of the entries aforesaid, and of the plats of the tain evidence be tracts applied for, also the certificate of the register of the land office ing produced. established at Cincinnati, that the same have been purchased in conformity to the provisions of this act, the President of the United States shall be, and he hereby is authorized and empowered to issue letterspatent in the usual form, unto the said Dufour, his associates, and their heirs, for the said lands; with condition expressed in the said letterspatent, that on failure to pay the purchase money when the same shall become due the lands therein described, with the improvements thereon, shall be deemed forfeited, and shall revest in the United States. (a) (a) See No. 61. May 1, 1802. Vol. 2, p. 179. Provisions of a No. 30.-AN ACT to extend and continue in force the provisions of an act intituled "An act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes or his associates, for lands lying between the Miami rivers, in the territory northwest of the Ohio, and for other purposes." Be it enacted, &c., That the several provisions of an act intituled "An former act, under act giving a right of pre-emption to certain persons who have contracted certain modifica- with John Cleves Symmes, or his associates, for lands lying between the tions, continued in force. Miami rivers in the territory northwest of the Ohio," shall be, and the same are hereby continued in force until the first day of March next, subject to the modifications contained in this act. cases. Persons claim Provisions of SEC. 2. And be it further enacted, That the provisions of the said act that act extended shall, and the same are hereby extended to all persons claiming lands to persons claim. ing lands be lying between the Miami rivers, and without the limits of Ludlow's surtween the Miami vey, by purchase or contract made prior to the first day of January, one rivers in certain thousand eight hundred, with John Cleves Symmes or his associates. SEC. 3. And be it further enacted, That every person claiming lands ing lands, who as aforesaid, either within or without the limits of Ludlow's survey, and have not ob- who have not obtained a certificate of the right of pre-emption therefor, tained certifi- shall, on or before the first day of November next, give notice of the cates of the right nature and extent of his claim, in manner prescribed by the second secof pre-emption. tion of the said act. And the receiver of public monies, and commisHow such claims are to be sioners appointed under the fourth section of the said act, shall meet at Cincinnati, on the second Monday of November next, they having given Vacancies in four weeks previous notice of such meeting in a public newspaper the board of com- printed at Cincinnati, and shall then and there proceed to hear and missioners for finally decide upon all claims, of which notice may have been given as be filled by the aforesaid, and shall, in all matters relative thereto, govern themselves by the provisions of the said act. Vacancies in the said board of comDuties, emolu- missioners may be filled by the President of the United States alone. ments, &c., to the And the duties, powers and emoluments of the said commissioners, remembers com:ceiver of public monies, and register of the land office at Cincinnati, and surveyor-general surveyor-general, as prescribed by the said act, shall, and the same are continued. hereby continued. (a) settled. that purpose to President. posing it, and the payment. Persons pos- SEC. 4. And be it further enacted, That every person who may have sessing certifi- obtained, or who shall hereafter obtain, as aforesaid, a certificate of a cates of the right right of pre-emption from the said commissioners shall be allowed until of pre-emption, allowed time for the first day of January next, to make the first payment required for the lands described in such certificate, and shall, in all other respects relative thereto, conform to the several provisions of the said act. Secretary of SEC. 5. And be it further enacted, That it shall and may be lawful the Treasury for the Secretary of the Treasury to cause to be viewed, marked, and may cause to be such opened, such roads within the territory northwest of the Ohio, as in his opened roats within the opinion will best serve to promote the sales of the public lands in future: territory north- Provided, That the whole sum to be expended on such roads shall not west of the Ohio exceed six thousand dollars, and that the same shall be paid out of the as shall promote the sale of public monies paid by purchasers of public lands on account of surveying lands. In cases where SEC. 7. And be it further enacted, That in all cases where any section a section or frac- or fractional section of land lying within the seven ranges of townships tional section has been sold prior to the tenth day of May, one thousand eight hunwithin the seven dred, under the authority of the United States, the lines of such section ranges of townships has been or fractional section shall be run under the direction of the Secretary sold. of the Treasury, in the manner most consistent with the supposed boundHow to be laid aries of the same, at the time of the ale, anything in the act of the tenth of May, one thousand eight hundred, to the contrary notwithstanding. And it shall be lawful for the Secretary of the Treasury, whenever lines thus run shall interfere with the claim of a purchaser of public lands under the last-mentioned act, to permit such purchaser, if he shall desire it, at any time within six months, after such lines, thus interfering with his claim, shall have been run, to withdraw his former application, and to apply in lieu thereof for any other vacant section. off. (a) See Nos. 4, 6, 16, 25, 31, 32, 36, 133, 170, 181. No. 31.-AN ACT in addition to, and in modification of, the propositions contained in the act intituled "An act to enable the people of the eastern division of the terri tory northwest of the river Ohio, to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes." March 3, 103. Vol. 2, p. 225. Tracts of land schools. use of Be it enacted, &c., That the following several tracts of land in the State of Ohio, be, and the same are hereby appropriated for the use of appropriated for schools in that State, and shall, together with all the tracts of land here- the tofore appropriated for that purpose, be vested in the legislature of that State, in trust for the use aforesaid, and for no other use, intent or purpose whatever, that is to say: First-The following quarter townships in that tract commonly called the "United States military tract," for the use of schools within the same, viz. the first quarter of the third township in the first range, the first quarter of the first township in the fourth range, the fourth quarter of the first township and the third quarter of the fifth township in the fifth range, the second quarter of the third township in the sixth range, the fourth quarter of the second township in the seventh range, the third quarter of the third township in the eighth range, the first quarter of the first township and the first quarter of the third township in the ninth range, the third of the first township in the tenth range, the first and fourth quarters of the third township in the eleventh range, the fourth quarter of the fourth township in the twelfth range, the second and third quarters of the fourth township in the fifteenth range, the third quarter of the seventh township in the sixteenth range, and the first quarter of the sixth township and third quarter of the seventh township in the eighteenth range, being the one thirty-sixth part of the estimated whole amount of lands within that tract. for the use of Secondly-The following quarter townships in the same tract for the Quarter town use of schools in that tract commonly called the Connecticut reserve, ships in the Con. viz. the third quarter of the ninth township and the fourth quarter of necticut reserve the tenth township in the first range, the first and second quarters of the schools. ninth township in the second range, the second and third quarters of the ninth township in the third range, the first quarter of the ninth township and the fourth quarter of the tenth township in the fourth range, the first quarter of the ninth township in the fifth range, the first and fourth quarters of the ninth township in the sixth range, the first and third quarters of the ninth township in the seventh range, and the fourth quarter of the ninth township in the eighth range. schools. Thirdly-So much of that tract, commonly called the "Virginia Part of the Virmilitary reservation," as will amount to one thirty-sixth part of the ginia reservation whole tract, for the use of schools within the same, and to be selected for the use of by the legislature of the State of Ohio, out of the unlocated lands in that tract after the warrants issued from the State of Virginia shall have been satisfied; it being however understood, that the donation is not to exceed the whole amount of the above-mentioned residue of such unlocated lands, even if it shall fall short of one thirty-sixth part of the said tract. Fourthly-One thirty-sixth part of all the lands of the United States Number six. lying in the State of Ohio, to which the Indian title has not been extin- teen guished, which may hereafter be purchased of the Indian tribes by the township in all United States, which thirty-sixth part shall consist of the section No. of Ohio, reserved sixteen, in each township, if the said lands shall be surveyed in town- for the ships of six miles square, and shall, if the lands be surveyed in a differ- schools ent manner, be designated by lots. (a) in every lands in the State use of in the State of SEC. 2. And be it further enacted, That the Secretary of the Trea- Appropriation sury shall, from time to time, and whenever the quarterly accounts of for public roads the receivers of public monies of the several land offices shall be set- Ohio from the retled, pay three per cent. of the nett proceeds of the lands of the United ceipts from pubStates, lying within the State of Ohio, which since the thirtieth day lic lands of June last have been, or hereafter may be sold by the United States, after deducting all expenses incidental to the same, to such person or persons as may be authorized by the legislature of the said State to receive the same, which sums thus paid, shall be applied to the laying out, opening and making roads within the said State, and to no other purpose whatever; and an annual account of the application of the same shall be transmitted to the Secretary of the Treasury, by such count to be trans. officer of the State as the legislature thereof shall direct and it is here- mitted to by declared, that the payments thus to be made, as well as the several appropriations for schools made by the preceding section, are in couformity with, and in consideration of the conditions agreed on by the Annual Treasury. Conditions. ac the |