Imagens das páginas
PDF
ePub

Boundaries and conditions of the cession.

or grants heretofore declared void, by any act or acts
of the general assembly of this state. Thirdly, That
all the lands intended to be ceded by virtue of this
act to the United States of America, and not appro-
priated as before mentioned, shall be considered as a
common fund, for the use and benefit of the United
States of America, North Carolina inclusive, accord.
ing to their respective and usual proportion in the
general charge and expenditure, and shall be faithful.
ly disposed of for that purpose, and for no other use
or purpose whatever. Fourthly, That the territory
so ceded shall be laid out and formed into a state or
states, containing a suitable extent of territory, the
inhabitants of which shall enjoy all the privileges, be.
nefits and advantages set forth in the ordinance of
the late Congress, for the government of the western
territory of the United States, that is to say : When.
ever the Congress of the United States, shall cause
to be officially transmitted to the executive authority -
of this state, an authenticated copy of the act to be
passed by the Congress of the United States, accepte
ing the cession of territory made by virtue of this act,
under the express conditions hereby specified, the
said Congress shall, at the same time, assume the
government of the said ceded territory, which they
shall execute in a manner similar to that which they
support in the territory west of the Ohio ; shall pro-
tect the inhabitants against enemies, and shall never
bar or deprive them of any privileges which the peo-
ple in the territory west of the Ohio enjoy : Provided
always, That no regulations made, or to be made,
by Congress, shall tend to emancipate slaves. Fifthly,
That the inhabitants of the said ceded territory shall
be liable to pay such sums of money, as may, from
taking their census, be their just proportion of the
debt of the United States, and the arrears of the re-
quisitions of Congress on this state. Sixthly, That
all persons indebted to this state, residing in the ter-
ritory intended to be ceded by virtue of this act, shall
be held and deemed liable to pay such debt or debts
in the same manner, and under the same penalty or
penalties, as if this act had never been passed. See
venthly, That if the Congress of the United Staces do
not accept the cession hereby intended to be made, in

condi

due form, and give official notice thereof to the exe. Boundaries cutive of this state, within eighteen months from the a

tions of the passing of this act, then this act shall be of no force or effect whatsoever. Eighthly, That the laws in force and use in the state of North Carolina, at the time of passing this act, shall be and continue in full force within the territory hereby ceded, until the same shall be repealed, or otherwise altered by the legislative au. thority of the said territory. Ninthly, That the lands of non-resident proprietors, within the said ceded ter. ritory, shall not be taxed higher than the lands of re. sidents. Tenthly, That this act shall not prevent the people now residing south of French Broad, between the rivers Tennessee and Big Pidgeon, from entering their pre-emptions in that tract, should an office be opened for that purpose, under an act of the present general assembly. Anul be it further enacted by the authority aforesaid, That the sovereignty and juris. diction of this state, in and over the territory afore. said, and all and every the inhabitants thereof, shall be and remain the same in all respects, until the Congress of the United States shall accept the cossion to be made by virtue of this act, as if this act had never passed. Read three times, and ratified in general assembly, .

day of December, A. D. 1789.

the

CHAS. JOHNSON, Sp. Sen.
S. CABARRUS, Sp. H. C.

Now therefore know ye, That we, Samuel John. ed of ston and Benjamin Hawkins, senators aforesaid, by cession. virtue of the power and authority committed to us by the said act, and in the name, and for and on behalf of the said state, do, by these presents convey, assign, transfer and set over unto the United States of Ame. rica, for the benefit of the said States, North Carolina inclusive, all right, title and claim which the said state hath to the sovereignty and territory of the lands si. tuated within the chartered limits of the said state, as bounded and described in the above recited act of the general assembly, to and for the uses and purposes, and on the conditions mentioned in the said act.

In witness whereof, we have hereunto subscribed

our names and affixed our seals, in the senate
chamber at New York, this 25th day of Februa-
ry, in the year of our Lord, one thousand seven
hundred and ninety, and in the fourteenth year
of the independence of the United States of
America.

SAM. JOHNSTON, (1. s.)
BENJ. HAWKINS (L. s.)

Signed, sealed and delivered?
in the presence of

SAM. A. Otis.

Accepted.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the said deed be, and the same is hereby accepted.

Act of Congress of 18 April, 1806. Act of Congress, Be it enacted by the Senate and House of Represenix. Congress, tatives of the United States of America, in Congruss aschap. 31, April 18,

sembled, That for the purpose of defining the limits 1806. of the vacant and unappropriated lands in the state Aline esta- of Tennessee, hereafter to be subject to the sole and blished for

e entire disposition of the United States, the following limits of the line be, and hereby is established, to wit: beginning vacant lands at the place where the eastern or main branch of Elk of the U. S. river shall intersect the southern boundary line of the in Tennessee. Courses

state of Tennessee; from thence running due north, thereof. until said line shall intersect the northern or main

branch of Duck river: thence down the waters of Duck river, to the military boundary line, as established by the seventh section of an act of the state of North Carolina, entitled “ An Act for the relief of the officers and soldiers of the continental line, and for other purposes;" (passed in the year one thousand seven hundred and eighty-three) thence with the military boundary line, west to the place where it intersects the Tennessee river; thence down the waters of the river Tennessee, to the place where the same intersects the northern boundary line of the state of Tennessee.

Section II. And be it further enacted, That upon the senators on and representatives from the state of Tennessee, by quishment of an instrument signed and sealed by them respective, the claim of ly, making known, that in pursuance of the power in Tennessee to them vested, by an act of the general assembly of the state of Tennessee, entitled “ An Act to appoint agents to settle the dispute between this state and the United States, relative to the vacant and unappro. priated lands within this state, and to procure the relinquishment of the claim of the United States to the same," apd by a resolution of the Senate and House of Representatives of the said state of Tennessee, passed in the year one thousand eight hundred and two, as instructions therein ; they do, for, and in behalf of the state of Tennessee, and in consideration of the provisions made in this act, agree and declare, that all right, title and claim, which the state of Tennessee hath to the lands lying west and south of the line, herein before established within the limits of the state of Tennessee, shall thereafter for ever cease; and that the lands aforesaid shall be and remain at the sole and entire disposition of the United States, and shall be exempted from every disposition or tax made by order, or under the authority of the state of Tennessee, while the same shall remain the property of the United States, and for the term of five years after the same shall be sold; which said instrument shall be approved by the Senate of the United States, and entered at large in their journal, and deposited in the office of the secretary of state. The United States do thereupon cede and convey to the state of The U. S. to Tennessee, all right, title and claim, which the Uni- cede to that ted States have to the territory of the lands lying east state certain and north of the line herein before established, within the limits of the state of Tennessee, subject to the same conditions as are contained in the act of the general assembly of the state of North Carolina, entitled “ An Act for the purpose of ceding to the Uni. ted States of America, certain western lands therein described.” And the said state of Tennessee shall thereupon have as full power and authority to issue

tain

other lands.

grants and perfect tities of all lands lying east and north of the before described line, within the limits of the said state, as Congress now have, or the state of Tennessee might have, by virtue of an act of the state of North Carolina, intituled “ An Act to authorise the state of Tennessee to perfect titles to lands reserved to this state by the cession act," to which said act the assent of Congress is hereby given, so far as is necessary to carry into effect the objects of this compact; subject, nevertheless, to the following

express conditions: that is to say,

en First. That all entries of lands, rights of location, trics, &c. to be located and warrants of surveys, and all interfering locations, within the which might be removed by the aforesaid act of cesterritory ced- sion of the state of North Carolina, and which are ed to the

Ten, good and valid in law, and which were not actually nessee. located west and south of the herein before described

line, before the twenty-fifth day of February, one thousand seven hundred and ninety, and all interfering grants which are good and valid in law, and which have been located east and north of the said line, shall be located, and the titles thereto perfected, within the

territory hereby ceded to the state of Tennessee. Lands to be

SECONDLY. I hat the state of Tennessee shall apappropriated by the state propriate one hundred thousand acres, which shall be of Tennessee located in one entire tract, within the limits of the for the sup., lands reserved to the Cherokee Indians, by an act of port of seminaries and

and the state of North Carolina, entitled " An Act for schools of opening the land office for the redemption of specie learning. and other certificates, and discharging the arrears due

to the army," passed in the year one thousand seven hundred and eighty-three ; and shall be for the use of two colleges, one in East and one in West Tennessee, to be established by the legislature thereof. And one hundred thousand acres in one tract within the limits last aforesaid, for the use of academies; one in each county in said state to be established by the legislature thereof; which said several tracts shall be located on lands to which the Indian title has been extinguished, and subject to the dispo. sition of the legislature of the state, but shall not be granted or sold for less than two dollars per acre; and the proceeds of the sales of the lands aforesaid shall be vested in funds for the respective uses aforesaid,

« AnteriorContinuar »