April 18 1806. A line estab see. Courses thereof. No. 2442.-AN ACT to authorize the State of Tennessee to issue grants and per fect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same. Be it enacted, &c., That for the purpose of defining the limits of the lished for defin vacant and unappropriated lands in the State of Tennessee, hereafter ing the limits of to be subject to the sole and entire disposition of the United States, the the vacant lands of the United following line be, and hereby is established, to wit: Beginning at the States in Tennes- place where the eastern or main branch of Elk River shall intersect the southern boundary line of the State of Tennessee; from thence running due north, 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, intituled "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. claim of Tennes lands. Upon relin SEC. 2. And be it further enacted, That upon the senators and reprequishment of the sentatives from the State of Tennessee, by an instrument signed and see to certain sealed by them respectively, making known, that in pursuance of the power in them vested, by an act of the general assembly of the State of Tennessee, intituled "An act to appoint agents to settle the dispute between this State and the United States, relative to the vacant and unappropriated lands within this State, and to procure the relinquishment of the claim of the United States to the same," and 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 forever 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 The United of the Secretary of State. The United States do thereupon cede and States to cede to convey to the State of Tennessee, all right, title and claim, which the that State certain United States have to the territory of the lands lying east and north other lands. Certain entries, see. 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, intituled "An act for the purpose of ceding to the United States of America, certain western lands therein described." And the said State of Tennessee shall thereupon have as full power and authority to issue grants and perfect titles of all lands lying east and north of the before-described Îine, 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 authorize 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, First. That all entries of lands, rights of location, and warrants of &c., to be located surveys, and all interfering locations, which might be removed by the within the terri- aforesaid act of cession of the State of North Carolina, and which are tory ceded to the State of Tennes. good and valid in law, and which were not actually 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. Secondly. That the State of Tennessee shall appropriate one hunpropriated by the dred thousand acres, which shall be located in one entire tract, within State of Tennes- the limits of the lands reserved to the Cherokee Indians, by an act of Lands to be ap ries and schools Nothing in this act to affect the Indian title. Prices of the land. the State of North Carolina, intituled "An act for opening the land- see for the supoffice for the redemption of specie and other certificates, and discharg- port of seminaing the arrears due to the army," passed in the year one thousand seven of learning. 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 disposition 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, for ever. And the State of Tennessee shall moreover, in issuing grants and perfecting titles, locate six hundred and forty acres to every six miles square in the territory hereby coded, 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 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 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 nevertheless, Proviso. that the people residing in said State, south of French Broad and Holston, and west of Big Pigeon 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 nothing herein contained Proviso, shall be construed to enable any person or persons, until authorized by this act shall not the legislature of the State of Tennessee, to locate any warrant issued affect titles under under the authority of the State of North Carolina, within the limits of Carolina and the lands reserved to the Cherokee Indians, by the fifth section of the Tennessee act of said State, intituled " 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. that the laws of North nessee falls SEC. 3. And be it further enacted, That if the territory herein before If the territory ceded to the State of Tennessee, shall not contain a sufficient quantity hereby ceded to of land fit for cultivation, according to the true intent and meaning of the State of Tenthe original act of cession, including the lands within the limits re- short, the defiserved by the State of North Carolina, to the Cherokee Indians, to per- ciency to be made fect all existing legal claims charged thereon by the conditions con- up elsewhere. tained 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. (a) See Nos. 2444, 2447, 2448. No. 2443.-AN ACT providing for the sale of a tract of land lying in the State of Feb. 25, 1811. Site of town of and sold. Be it enacted, &c., That the commissioners appointed by an act of the legislature of the State of Tennessee, passed on the fourteenth day of Pulaski to be November, one thousand eight hundred and nine, to fix on a site for entered with reg. the town of Pulaski, in the county of Giles, and State aforesaid, and ister of land office their successors in office, be, and they are hereby authorized, on producing a receipt from the receiver of public moneys, for at least onetwentieth part of the purchase money, to enter with the register of the land office, established for the lands ceded to the United States by the Cherokee and Chickasaw Indians, in the Mississippi Territory, a tract of land lying in a regular square, and containing six hundred and forty acres, which has or may be fixed on as a site for the town of Pulaski, as aforesaid, at the same price and on the same terms and conditions of Conditions. payment as are provided with respect to the other public lands sold at private sale at the said office; and on completing the payment of the purchase money, a patent shall be granted therefor to the said commissioners and their successors in office, in trust, for the use of the said county of Giles, for the purpose aforesaid. on April 4, 1818. The State of of North Caro west and south No. 2444.-AN ACT supplementary to the act, entitled "An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein de scribed, and to settle the claims to the vacant and unappropriated land within the same," passed the eighteenth of April, one thousand eight hundred and six. Be it enacted, &c., That it shall be lawful for the State of Tennessee Tennessee may to issue grants and perfect titles on all special entries and locations of issue grants, &c., all entries, lands in the said State, made pursuant to the laws of North Carolina, &e, made, pur before the twenty-fifth day of February, in the year one thousand seven suant to the laws hundred and ninety, which were good and valid in law, and recognized lina, before the by the act of the said State of North Carolina, commonly called the 25th February, cession act, passed the day of December, one thousand seven hun1790, which were dred and eighty-nine, and which lie west and south of the line described valid, and lie in the act to which this is supplementary; and also to issue grants and of the line de perfect titles on all warrants of survey, interfering entries and locascribed, &c. tions, which might be removed by the cession act of North Carolina And to issue aforesaid, and which are good and valid in law, and which have not grants, on war been actually located or granted, east and north of the aforesaid line; rants of sure; and all interfering grants which are good and valid in law, or the war&c., which might be removed by rants or certificates legally issued, in consequence of such interference, the cession act, on land lying south and west of the said line, in the manner and under the same or similar rules, regulations, and restrictions, as are prescribed fering grants, by the laws now in force in the said State of Tennessee, for issuing &c., under the grants and perfecting titles on claims of a like nature for lands lying same rules, &c. north and east of the said line. &c. &c., the warrant, Tennessee, &c. Previous to is- SEC. 2. And be it further enacted, That previous to issuing a grant or suing a grant perfecting a title on any of the claims herein before described, the war&e.. must be laid rant, or other legal evidence of such claim, shall be laid before the combefore the com- missioner of land claims for West Tennessee, for the time being, apmissioner of land pointed by the authority of the said State, and approved by him as valid claims for West upon sufficient legal evidence being adduced of such validity, according to the rules and regulations prescribed by the laws of the said State now in force, for deciding on warrants and other land claims of the like nature, authorized to be perfected into grants, north and west of the The warrant, aforesaid line; and upon such warrant or other legal evidence, of any &c., being de- of the claims aforesaid, being declared valid by said commissioner, it clared valid, the shall be lawful for the surveyor of the proper district, or county, to lay off by the sur. off and survey the same, in the manner prescribed by the laws of the said State in similar cases, and return such survey to the register of the land office of West Tennessee, who shall thereupon be authorized to Grant to be ex- make out a grant thereon, to be executed by the governor, and counterecuted by the signed by the secretary of the said State, in the manner provided by governor, &c. the laws of the same: Provided, That no surveys shall be made, grants issued, or titles perfected by virtue of this act, for any land to which the Indian claim has not been previously extinguished. land to be laid veyor, &c. Proviso. Persons who olina since De SEC. 3. And be it further enacted, That those persons who have had have had grants surveys made, and obtained grants from the State of North Carolina, from North Car since the twenty-third day of December, in the year of our Lord one cember 23, 1811, thousand eight hundred and eleven, for lands lying within the State of for lands in Ten- Tennessee, shall, upon surrendering such grants to the said commisnessee, on sur- sioner of land claims for West Tennessee, for the time being, to be canrendering them celled and vacated, be allowed to produce the entries, warrants, or other to be canceled, obtain evidences of claims, upon which such grants were founded; and if the mav nessee. grants from Ten- said claims shall be deemed good and valid by the said commissioner, then it shall be lawful for the State of Tennessee to issue grants and perfect titles on such claims in the same manner as if no such grants had been issued by the State of North Carolina. (a) (a) See Nos. 2442, 2447, 2448. March 3, 1839. No. 2445.-AN ACT for the relief of certain settlers, living on what is called the Tennessee au- Be it enacted, &c., That the State of Tennessee be, and she is here- Proviso. strictions which were heretofore prescribed by the Tennessee legisla- (a) See No. 2446. No. 2446.—AN ACT for the relief of certain settlers on the Salt Lick reservation in the western district of Tennessee. Proviso. July 20, 1840. Act of March Be it enacted, &c., That the provisions of an act of Congress entitled "An act for the relief of certain settlers living on what is called the 3, 1839, extended. Salt Lick reservation in the western district of Tennessee," approved on the third day of March, eighteen hundred and thirty-nine, be, and the same are hereby, extended to the first day of June, eighteen hundred and thirty-nine. (a) (a) See No. 2445. Feb. 18, 1841. Tennessee to No. 2447.—AN ACT to amend an act entitled "An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same,' passed the eighteenth day of April, one thousand eight hundred and six. Be it enacted, &c., That the State of Tennessee be, and hereby is, constituted the agent of the Government of the United States, with full dispose of cerpower and authority to sell and dispose of the vacant, unappropriated, and refuse lands, within the limits of said State, lying south and west of the line commonly called the congressional reservation line, and described in the act to which this is an amendment; subject, nevertheless, to the following conditions and limitations, to wit: tain lands within said State. claims of North First. The State of Tennessee shall satisfy all legal and bona-fide Tennessee 10 claims of North Carolina upon said lands, by making provision, by law, satisfy all legal that the holders of land warrants under the authority of the State of and bona-fide North Carolina, may locate the same upon the lands not previously lo- Carolina upou cated upon, or claimed as occupant pre-emptions, within one year from said lands. the time that the State of Tennesses shall make provision for carrying this act into effect; and in default of such location within the said term of one year, the said warrants may be satisfied by the payment of twelve and a half cents per acre for the number of acres contained in each warrant, to be paid out of the proceeds of the sale of said land: Provided, The holders shall present such warrant to the proper authorities for payment of the same within two years from the action of the legislature of the State of Tennessee hereon: And provided, furthermore, That if the said warrants shall not be satisfied, either by the location of land within one year, or their presentation for payment within two years as aforesaid, the holders shall be for ever barred of all further claim or right to demand the same. Second. In entering, purchasing, and disposing of said lands, or Persons entiobtaining grants of the same, all and every person or persons, the legal tled to occupancy representative of such person or persons, and the rightful assignee of by the laws of and pre-eniption such person or persons, as are entitled to the right of occupancy and Tennessee, to pre emption according to the laws of the State of Tennessee, shall have have the preferthe preference in the entry or purchase of their occupant and pre-emp- ence. tion rights, at the price of twelve and a half cents per acre, not exceeding two hundred acres each. Tennessee to Third After satisfying the claims and rights aforesaid, the State of Tennessee shall offer for sale the rest and residue of said lands, in such dispose of the residue of said manner, in such quantities, and by such description, as may be most lands, how. convenient; and, for the full term of three years from and after the time herein allowed for the location of North Carolina land warrants, may sell and dispose of, and perfect titles to the same, at a price not less than twelve and a half cents per acre. And so much of the said. land as may remain unsold at the expiration of the said term of three years, shall be disposed of as aforesaid, within the further term of three years, at such price per acre as it may bring in open market: Provided, That the proceeds of the sale of said lands, over and above so much thereof as shall be necessary to the satisfaction of said North Carolina claims, shall be accounted for and paid over by the State of Tennessee to the United States in the month of January annually. (a) (a) See Nos. 2442, 2444, 2448. Aug. 7, 1846. All States in Tennes No. 2448.-AN ACT to surrender to the State of Tennessee all title the United States have to lands in Tennessee, south and west of the line commonly called the congressional reservation line, and to release to said State the proceeds of such of said lands as may have been sold by the State of Tennessee, as the agent of the United States. unappro Be it enacted, &c., That the United States hereby release and surrenpriated land of der to the State of Tennessee the right and title of the United States the United to all lands in the State of Tennessee, lying south and west of the consee, south and gressional reservation line in said State, which may yet remain unapwest of the con- propriated, and further release and transfer to said State of Tennessee gressional reser- the proceeds of such of said lands as may have been sold by said State, leased to said not heretofore paid over to the United States, nor deposited subject to State, with the the order or use of the United States, under the authority of the act of proceeds of such Congress of the eighteenth February, eighteen hundred and forty-one, as have been entitled "An act to amend an act entitled 'An act to authorize the State sold. vation line, re of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same,' passed the eighteenth day of April, one thouSaid State to sand eight hundred and six." This surrender and transfer is upon the apply 840,000 of express condition that the State of Tennessee shall, out of the proceeds the proceeds of of said lands, set apart and apply forty thousand dollars towards the said lands for a college. establishment and support of a college at Jackson, in the county of Madison, in the State of Tennessee, if the proceeds of the sales of said lands shall amount to so much; and if the aggregate amount of said sales (not paid over nor deposited as aforesaid) shall not amount to the said sum, then whatever sum smaller than forty thousand dollars they may amount to, in accordance with the provisions contained in an act of the general assembly of said State, passed in the year eighteen hundred and thirty-eight, being chapter one hundred and seven, section eight, and in accordance with the desire expressed by said general assembly, in their certain memorial to Congress, passed December four, eighteen hundred and forty-five: Provided, nevertheless, That the reSuch release lease herein provided for to the said State of Tennessee of said lands to be in satisfac- shall be in full satisfaction for any and all services rendered and exand expenses of penses incurred by said State, or the authorities thereof, in the manage tion for services Tennessee. ment, disposal, or administration, of said public lands, and as agent or agents of the United States, in virtue of the provisions of the act entitled "An act to amend an act entitled 'An act to authorize the State of Tennessee to issue grants and perfect titles to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same,' passed the eighteenth February, eighteen hundred and forty-one:" And provided also, That all the said lands the reSaid lands to lease of which is herein provided for, and the proceeds thereof, shall remain subject to be and remain subject to all the same claims, incumbrances, and lia certain claims. Feb. 28, 1867. Public lands to bilities, in relation to "North Carolina land warrants," or other claims No. 2449.-JOINT RESOLUTION to extend the provisions of the act in regard to agricultural colleges, to the State of Tennessee. Be it resolved, &c., That the provisions of the act of July two, eightTennessee for een hundred and sixty-two, entitled “An act donating public lands to agricultural col- the several States ard Territories which may provide colleges for the lege. benefit of agriculture and the mechanic arts," and of the "act to amend the fifth section" thereof, approved July twenty-third, eighteen hundred and sixty-six, are hereby extended and made applicable to the State of Tennessee. |