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for ever. And the state of Tennessee shall more. over, in issuing grants and perfecting titles, locate six hundred and forty acres to every six miles square in the territory hereby ceded, where existing claims will allow the same, which shall be appropriated for the use of schools for the instruction of children for ever: Provided, That nothing contained in this act shall be Proviso. construed to affect the Indian title, or to subject the United States to the expense of extinguishing the same. And provided also, That the lowest price of all Proviso.' lands granted or sold within the ceded territory, shall be the same, as shall be established by Congress for the lands of the United States: And provided never. Proviso, theless, That the people residing in said state, south of French Broad and Holston, and west of Big Pi. geon rivers, provided for by the constitution of the state of Tennessee, shall be secured in their respective rights of occupancy and pre-emption, and shall receive titles for such quantities as they may respectively claim, including their improvements, not exceeding six hundred and forty acres each, nor exceeding the quantities they have heretofore claimed respectively, according to their conditional lines, where such have been established, at a price not less than one dollar per acre. And provided further, That Proviso. nothing herein contained shall be construed to enable any person or persons, until authorised by the legislature of the state of Tennessee, to locate any warrant issued under the authority of the state of North Ca. rolina, within the limits of the lands reserved to the Cherokee Indians, by the fifth section of the act of said state, entitled « An Act for opening the land office for the redemption of specie and other certificates, and discharging the arrears due to the army," passed in the year one thousand seven hundred and eighty-three.
SECTION III. And be it further enacted, That if the territory, If the territoherein before ceded to the state of Tennessee. shali ry hereby ces
ssel, shall ded to the not 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 licence to be
short, the delimits reserved by the state of North Carolina to the made up else. Cherokee 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.
APRIL, 1798, AND 10th MAY, 1800.
Sec. 1. Be it enacted by the Senale and House of v. Congress, Representatives of the United States of America, in chap. 45. April 7,
Congress assembled, That the President of the United 1798. 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 appoint com. 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 tain territory;
Cet: of the river Chatahouchee, north of the thirty-first and to re.” degree of north latitude, and south of the cession ceive propo- made to the United States by South Carolina : And
the also to receive any proposals for the relinquishment cession of 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. Lands ascer. Sec. 2. Be it further enacted, That all the lands, tained to be thus ascertained as the property of the United States, the property
s shall be disposed of in such manner as shall be herehow to be after directed by law, and the net proceeds thereof disposed of. 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 terri.
ritory 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 of individu. me
a 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 risdiction or soil thereof. - Viz. The government established by this act in the Mississippi
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. state of Georgia to the jurisdiction, or of the said state chap 50.
vi. Congress. 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. all persons interested, are hereby declared to be as
as rights of
my 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 ti
nally 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 and cession, entered into on
* agreement 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 tere ritory," and of the act supplemental to the last men. tioned act, on the one part; and the commissioners ap
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 ef. fect,” and of the act to amend the last mentioned act, on the other part.
The state of Georgia cedes to the United States cedos territo- all the right, title and claim, which the said state has ry west of to the jurisdiction and soil of the lands situated with.
c. in the boundaries of the United States, south of the chee and of a certain line.“ 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 thence 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: Conditions. First. That out of the first net proceeds of the
sales of the lands thus ceded, which net proceeds 1,250,000 shall be estimated by deducting, from the gross dollars to be paid by U. S. amount of sales, the expenses incurred in surveying, out of first and incident to the sale, the United States shall pay, net proceeds at their treasury, one million two hundred and fifty of sales of of
thousand dollars to the state of Georgia, as a consi. -ceded lands.
deration 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 open. ed within a twelve-month after the assent of the state of Georgia to this agreement, as hereafter stated, shall have been declared.
Secondly. That all persons who, on the twenty-se. Certain setventh day of October, one thousand seven hundred thers confirm
ed in their and ninety-five, were actual settlers within the ter.
tre grants and ritory 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 se. venth day of February, one thousand seven hundred and eighty-five.
Third'hy. That all the lands ceded by this agreement Lands thus to the United States shall, after satisfying the above
t ohoveceded to be a
common mentioned payment of one million two hundred and fund. hsiy 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 bene. fit 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 es. tablished 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
ctisfying certhereof. It being fully understood, that if an act of tain c 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
to be made 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, i saine, other than those recognised by the preceding condition, nor to compensate for the same ; and in or to be nula, case of any such cession or compensation, the present &