for ever. And the state of Tennessee shall more- SECTION III. And be it further enacted, That if the territory, If the territo herein before ceded to the state of Tennessee, shall ded to the ry hereby cenot contain a sufficient quantity of land fit for cultiva state of Tention, according to the true intent and meaning of the nessee falls original act of cession, including the lands within the short, the deficiency to be limits reserved by the state of North Carolina to the made up elseCherokee Indians, to perfect all existing legal claims where. charged thereon, by the conditions contained in this act of cession, Congress will hereafter provide by law for perfecting such as cannot be located in the territory aforesaid, out of the lands lying west or south of the before described line. Aet of Congress. v. Congress, appoint com No. 7. Georgia. EXTRACTS FROM ACTS OF CONGRESS, OF 7th Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he hereby is authorised to appoint three President au- commissioners; any two of whom shall have power thorised to to adjust and determine, with such commissioners as missioners to may be appointed under the legislative authority of adjust the in- the state of Georgia, all interfering claims of the terfering United States and that state, to territory situate west claims to cer- of the river Chatahouchee, north of the thirty-first degree of north latitude, and south of the cession ceive propo- made to the United States by South Carolina: And sals for the also to receive any proposals for the relinquishment other territo- or cession of the whole or any part of the other terriry claimed by tory claimed by the state of Georgia, and out of the Georgia. ordinary jurisdiction thereof. tain territory; and to re cession of Lands ascer tained to be the property of the U. S. how to be disposed of. Sec. 2. Be it further enacted, That all the lands, thus ascertained as the property of the United States, shall be disposed of in such manner as shall be hereafter directed by law, and the net proceeds thereof shall be applied to the sinking and discharging the public debt of the United States, in the same manner as the proceeds of the other public lands in the terriritory north-west of the river Ohio. Saving of Sec. 5. Be it further enacted, That the establishthe right of ment of this government, shall in no respect impair Georgia and the right of the state of Georgia, or of any person or als to the ju- persons either to the jurisdiction or the soil of the said of individu risdiction or soil thereof. * Viz. The government established by this act in the Mississippi territory. rights of territory; but the rights and claims of the said state and all persons interested, are hereby declared to be as firm and available, as if this act had never been made. Sec. 7. And be it further enacted, That nothing Act of Conin this act shall in any respect impair the right of the gress. VI. Congress. state of Georgia to the jurisdiction, or of the said state chap. 50. or of any person or persons to the soil of the said ter- 10th May, ritory, but the rights and claims of the said state, and 1800. Saving of the all persons interested, are hereby declared to be as firm and available as if this act had never been made. Georgia and Sec. 10. And be it further enacted, That it shall of all perbe lawful for the commissioners appointed, or who sons. may hereafter be appointed, on the part of the United The commisStates, in pursuance of the act, entitled "An act for sioners of the an amicable settlement of limits with the state of U. S. may finally settle Georgia, and authorising the establishment of a go- with Georgia vernment in the Mississippi territory," or any two of by comprothem, finally to settle by compromise with the com- mise. missioners, which have been or may be appointed by the state of Georgia, any claims mentioned in said act, and to receive, on behalf of the United States, a cession of any lands therein mentioned, or of the ju risdiction thereof, on such terms as to them shall appear reasonable: Provided, That the settlement shall Proviso. be made and completed before the fourth day of March, one thousand eight hundred and three: And provided also, That the said commissioners shall not contract for the payment of any money from the trea sury of the United States to the state of Georgia, other than the proceeds of the same lands. Articles of agreement and cession. Articles of agreement Articles of agreement and cession, entered into on the twenty-fourth day of April, one thousand eight and cession, hundred and two, between the commissioners appoint- 24th April, ed on the part of the United States, by virtue of an 1802. act, entitled "An act for an amicable settlement of limits with the state of Georgia, and authorising the establishment of a government in the Mississippi territory," and of the act supplemental to the last mentioned act, on the one part; and the commissioners ap Georgia cedes territo ry west of Chatahou chee and of a certain line. Conditions. 1,250,000 dollars to be paid by U. S. out of first net proceeds of sales of ceded lands. pointed on the part of the state of Georgia, by virtue of an act, entitled "An act to carry the twenty-third section of the first article of the constitution into effect," and of the act to amend the last mentioned act, on the other part. ARTICLE I. The state of Georgia cedes to the United States all the right, title and claim, which the said state has to the jurisdiction and soil of the lands situated within the boundaries of the United States, south of the state of Tennessee, and west of a line beginning on the western bank of the Chatahouchee river, where the same crosses the boundary line between the United States and Spain; running thence up the said river Chatahouchee, and along the western bank thereof to the great bend thereof, next above the place where a certain creek or river, called "Uchee," (being the first considerable stream on the western side, above the Cussetas and Coweta towns,) empties into the said Chatahouchee river; thence in a direct line to Nickajack, on the Tennessee river; thence crossing the said last mentioned river, and thenće running up the said Tennessee river, and along the western bank thereof, to the southern boundary line of the state of Tennessee; upon the following express conditions, and subject thereto, that is to say: First. That out of the first net proceeds of the sales of the lands thus ceded, which net proceeds shall be estimated by deducting, from the gross amount of sales, the expenses incurred in surveying, and incident to the sale, the United States shall pay, at their treasury, one million two hundred and fifty thousand dollars to the state of Georgia, as a consideration for the expenses incurred by the said state, in relation to the said territory; and that for the better securing as prompt a payment of the said sum as is practicable, a land office for the disposition of the va cant lands thus ceded, to which the Indian title has been or may hereafter be extinguished, shall be opened within a twelve-month after the assent of the state of Georgia to this agreement, as hereafter stated, shall have been declared. ed in their grants and Secondly. That all persons who, on the twenty-se- Certain setventh day of October, one thousand seven hundred tlers confirmand ninety-five, were actual settlers within the territory thus ceded, shall be confirmed in all the grants in certain legally and fully executed prior to that day, by the claims. former British government of West Florida, or by the government of Spain, and in the claims which may be derived from any actual survey or settlement made under the act of the state of Georgia, entitled "An act for laying out a district of land situate on the river Mississippi, and within the bounds of this state, into a county, to be called 'Bourbon," passed the seventh day of February, one thousand seven hundred and eighty-five. ceded to be a common Thirdly That all the lands ceded by this agreement Lands thus to the United States shall, after satisfying the abovementioned payment of one million two hundred and fund. fifty thousand dollars to the state of Georgia, and the grants recognised by the preceding conditions, be considered as a common fund for the use and benefit of the United States, Georgia included, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever: Provided however, That the Proviso. United States, for the period and until the end of one year after the assent of Georgia to the boundary established by this agreement, shall have been declared, may, in such manner as not to interfere with the abovementioned payment to the state of Georgia, nor with the grants herein before recognised, dispose of or appropriate a portion of the said lands, not ex- United States ceeding five millions of acres, or the proceeds of the may dispose said five millions of acres, or of any part thereof, for priate not exthe purpose of satisfying, quieting or compensating for ceeding five any claims other than those herein before recognised, millions of which may be made to the said lands or to any part thereof. It being fully understood, that if an act of tain claims. Congress, making such disposition or appropriation, shall not be passed into a law, within the abovemen- But said aptioned period of one year, the United States shall not propriation be at liberty thereafter to cede any part of the said within one lands on account of claims which may be laid to the year, same, other than those recognised by the preceding condition, nor to compensate for the same; and in or to be null, case of any such cession or compensation, the present &c of, or appro acres for satisfying cer to be made |