CHAP. 161. An act providing for the indemnification of certain claimants of *See supplemenpublic lands in the Mississippi Territory.* tary act, of 23d Jan. 1815, ch. 171. lands in the Mis. &c. under the act, the State of Geor who have exhibit of Secretary of State, the first Monday of fice of the Secreta cient legal release of claims, &c. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person or persons claiming public lands Persons claiming in the Mississippi Territory, south of the State of Tennessee sissippi Territory, and west of the State of Georgia, under the act, or pretended or pretended act, of act, of the State of Georgia, entitled "An act supplementary gia, mentioned, to an act entitled 'An act for appropriating a part of the un- Wh evidence located territory of this State for the payment of the late State their claims to the troops, and other purposes therein mentioned, declaring the for the purpose of being recorded, right of this State to the unappropriated territory thereof, for &c., allowed until the protection and support of the frontiers of this State, and January, 1815, to for other purposes,"" passed January the seventh, one thou- deposite in the of sand seven hundred and ninety-five, who have exhibited the ry of State a suffievidence of their claims to the Secretary of State, for the purpose of having the same recorded in books in his office, conformable to the act of Congress passed the third day of March, one thousand eight hundred and three, entitled "An act regulating the grants of lands, and providing for the disposal of the lands of the United States, south of the State of Tennessee," shall be allowed until the first Monday of +Chap. 62. January next to deposite in the office of the Secretary of State of the United States a sufficient legal release of all such claim or claims to the United States, and an assignment and transfer to the United States of their right and claim to any sum or sums of money which by them, or the persons from whom they or any of them have derived their claims, were deposited or paid into the treasury of the State of Georgia, as the consideration of the purchase of the land for which their release of claim is deposited as aforesaid; and, also, a power to sue, in the name of such claimant, for any sum or sums of money assigned as aforesaid, and which shall have been unlawfully or fraudulently withdrawn from the treasury of the State of Georgia, such release, assignment, transfer, and power, to take effect on the indemnification of such claimants being made conformably to the provisions of this act. Attorney General, of commissioners, authorized to ad mine upon the suf SEC. 2. And be it further enacted, That the Secretary of The Secretary of State, Secretary of State, the Secretary of the Treasury, and the Attorney Gen- the Treasury, and eral of the United States, (for the time being,) shall be, and appointed a board they are hereby, constituted and appointed a board of com- &c., and they, or missioners, to meet in the city of Washington on the first any two of them, Monday of January next; and, as soon as may be practicable judge and deter thereafter, they, or any two of them, are hereby fully au- ficiency of the re. thorized and required to adjudge and determine upon the leases, &c. sufficiency of the releases, and assignments, and powers, to be executed and deposited in the office of the Secretary of State, in conformity with the foregoing section; and, also, to adjudge and finally determine upon all controversies arising from such claims, so released as aforesaid, which may be found to conflict with, and to be adverse to, each other; and, 171, post. also, to adjudge and determine upon all such claims under the aforesaid act, or pretended act, of the State of Georgia, as may be found to have accrued to the United States by *See act of 23d operation of law: Provided, That it shall be the duty of the said commissioners to cause to be published, for the period of three months before the said meeting, at least once notice to be pub- a week, in all the public newspapers in which the acts of Congress are by authority published, notice of the purposes, and of the time and place, of such meeting. Proviso; the commissioners to cause lished in the newspapers, &c. commissioners the President, &c. tificates of stock to and payable out of arising from the ry, after the money Georgia has been satisfied, &c. As soon as the SEC. 3. And be it further enacted, That, as soon as the have reported to said commissioners shall have made report to the President he is to cause cer- of the United States of the sufficiency of such releases and be issued, not assignments, to the amount of at least nine tenths of the whole bearing interest, lands claimed by virtue of the sales made by the Legislature the first moneys of the State of Georgia to the respective companies hereafter sale of lands in the enumerated, exclusive of such claims to the said lands as shail Mississippi Territo- have vested in the United States by the operation of law, due to the State of and shall have certified to him the names of the claimants whose claims they have finally adjudged and allowed, and the respective and relative proportions on which they are entitled to the indemnity under and by virtue of this act, the President shall be, and he hereby is, authorized and required to cause to be issued, from the Treasury of the United States, to such claimants, respectively, (of convenient amount for circulation,) certificates of stock, not bearing interest, and expressing on their face that the same are payable out of the first moneys in the Treasury of the United States arising from the sale of public lands in the Mississippi Territory, after the money due to the State of Georgia, and the expenses of surveying such lands, have been satisfied. Not exceeding 350,000 dollars to Upper Mississippi To the persons claiming in the name of or under the Uppersons claiming per Mississippi Company, including such share or shares as in the name of the may be found to have vested in the United States, and for which the United States are to be considered entitled to the respective proportions for the same, (and exclusive of all claims usually denominated, in the former report of the commissioners aforesaid, citizens' claims,) a sum not exceeding in the whole three hundred and fifty thousand dollars. 600,000 dolls. to Not exceeding To the persons claiming in the name of or under the persons claiming Tennessee Company, under the foregoing terms and restricTennessee Com. tions, a sum not exceeding in the whole six hundred thou in the name of the pany. persons claiming sand dollars. 1,550,000 dollars to To the persons claiming in the name of or under the in the name of the Georgia Mississippi Company, under the like terms and reGeorgia Mississip-strictions, a sum not exceeding in the whole one million five hundred and fifty thousand dollars. pi Company. persons claiming 2,250,000 dollars to To the persons claiming in the name of or under the in the name of the Georgia Company, under the like terms and restrictions, a Georgia Company. sum not exceeding in the whole two millions two hundred and fifty thousand dollars. Not exceeding To the persons claiming under citizens' rights, including such share or shares as have already accrued to the United entitled to indem ceive it only in allowed, etc. to dered the evidence entitled to the ben. have withdrawn States by operation of law, or by the provisions of this act, and to which the United States are to be considered entitled to the respective proportions for the same, a sum not exceeding in the whole two hundred and fifty thousand dollars: Provided, That any person having claim under either of the Proviso; persons said companies, and entitled to indemnity by virtue of this nity, etc. are to react, shall receive such indemnity only in proportion to the proportion, etc. amount of such claims: And provided, also, That no claim Proviso; no claim shall be allowed, or any indemnification made therefor, to persons who have any person or persons who have voluntarily surrendered the voluntarily surren evidence of their claims to the said lands under the act of of their claims,etc. Georgia of the thirteenth of February, one thousand seven hundred and ninety-six, or under any subsequent act of the said State, and which, at the time of the surrender, would have vested the title in such claimants, had the title from Georgia been valid, or who have received the money deposited as the consideration of the purchase of said lands thus surrendered; but all such lands shall be deemed and taken to be vested in the United States, exonerated and discharged from all such claims, without any further surrender or release whatever, and the dividends to be made to claimants who shall be entitled to the benefits of this act shall be lessened in proportion to the claim so surrendered or withdrawn: And provided, also, That no person or per- Proviso; no pers'ns sons, nor the agent or trustee of any person or persons, shall efit of this act, who be entitled to the benefits of this act, who, by himself, her- from the treasury self, or themselves, or by his, her, or their agent, or by any sum which person or persons with privity and consent of him, her, or been paid as the them, shall have taken, received, or withdrawn, from the the purchase of the treasury of the State of Georgia, any sum or sums of money were not, at the which had been paid and deposited as the consideration of claimants of the the purchase of any of the aforesaid lands, which person or lands, etc. persons, at the time of the taking, receiving, or withdrawing of the said money, was or were not the bonafide claimant or claimants of the lands for the purchase of which the said money had been deposited: but all and every the share or shares of such person or persons so fraudulently drawing the money as aforesaid, as may be found to have been claimed by such person or persons, at the time of recording in the office of the Secretary of State the evidences of their claim or claims, shall be vested in the United States, and the dividends to be made to the claimants entitled to the benefits of this act shall be lessened in proportion thereto: And pro- Proviso; every pervided, also, That each and every person, before receiving son, before receiv the certificates of stock aforesaid, shall, after the two foregoing of stock, etc. to provisoes have been read to him, take and subscribe the fol- an oath. lowing oath, viz: "I, A B, do solemnly swear, or affirm, (as Form of the oath. the case may be,) that I have not, nor has any person for whose interest I now act, either as agent or trustee, or as executor, administrator, or heir at law, done and performed any act which, by the tenor of the two provisoes I have heard of Georgia any had consideration of lands, and who time, bonafide ing the certificates take and subscribe stock to be receiv'd in payment provided, etc. read to me, would disqualify me from receiving the indemnity afforded by the provisions of this act." The certificates of SEC. 4. And be it further enacted, That the said certificates for of stock shall be receivable in payment of the public lands public lands, etc. to be sold, after the date of such certificates, in the Mississippi Territory: Provided, That on every hundred dollars to be paid for such land, ninety-five dollars shall be receivable in said certificates, and five dollars in cash: Provided, Proviso; persons That no person or persons making payment for lands in cermaking payment for lands in certifi tificates authorized to be issued by this act shall be entitled to discount, etc. to the discount for prompt payment now allowed by law to cates, not entitled leases from claim. remaining in the gia, etc. to be set the commission'rs, purchasers of public lands. After sufficient re- SEC. 5. And be it further enacted, That from and after such ants have been sufficient releases from the claimants to the United States lodged in the office of the Secretary of shall be lodged in the office of Secretary of State, as is State, etc. all sums hereinbefore provided in this act, all such sum or sums of possession of Geor. money remaining in the possession of the State of Georgia, over and paid, by which may have been deposited as the consideration of the to that State, etc. purchase of the said lands, together with such interest, if any there be, as may have accrued thereon, shall be set over and paid by the said commissioners to the State of Georgia, in part payment of the one million two hundred and fifty thousand dollars stipulated to be paid by the articles of agreement and cession between the United States and the State of Georgia.* *See appendix No. 3. Persons who, in pursuance of any of from the treasury deposited as the the purchase, etc., bonafide claim to have received use of the United etc. SEC. 6. And be it further enacted, That if any person or act Georgia, persons, in pursuance of the act of the State of Georgia of the have withdrawn thirteenth of February, one thousand seven hundred and of that State mon'y ninety-six, or of any subsequent act, shall have taken, reconsideration of ceived, or withdrawn, from the treasury of the State of and who were not Georgia, any sum or sums of money which had been paid or ants of the lands, deposited as the consideration of the purchase of any of the etc.. to be deemed aforesaid lands, which person or persons, at the time of rethe amount for the ceiving or withdrawing said sum or sums of money as States, and holden aforesaid, were not the bonafide claimants of the lands for liable to refund, the purchase of which said money had been paid or deposited, or if such person or persons had not, at the time, the legal title vested in them, supposing the title of Georgia to have been valid, every such person or persons who shall have taken, received, or withdrawn the money, as aforesaid, shall be deemed and adjudged to have had and received the same to and for the use of the United States, and shall be, and hereby are declared to be, holden and liable to refund and pay to the United States, or to the treasury of the State of Georgia for the use of the United States, all such sum or sums of money, so had and received as aforesaid, with legal interest from the time she or they so received the same. The commission And the aforesaid commissioners shall be, and they are herevestigate, etc., by, further authorized and directed to examine into and incr inmenced, etc. Vestigate all cases coming within the purview of this section, and to claim such sum or sums of money to be paid to the United States as to them shall appear just and reasonable; ers directed to in cause suits to be per thority from Geor money are insti and, in case of refusal to pay the same, to direct suits to be commenced for the recovery of the same, in such form and manner as shall be thought most advisable, making plaintiff or complainant, as they shall think best, either the United States, the claimants who shall have transferred to the United States their right of action against the aforesaid sons, or the State of Georgia as bailee of the money so taken, received, and withdrawn from the treasury of the said State: Provided, That if it should be thought advisa- Proviso; as to auble to institute the suits for the recovery of the moneys gia, if suits for the aforesaid in the name of the State of Georgia, or of its tuted in the name proper officers, the consent thereto from the proper thority of the State of Georgia shall be first had and tained: And provided, also, That the said suits shall conducted at the proper expense of the United States. SEC. 7. And be it further enacted, That the President of the United States be, and he hereby is, authorized to apply thorized to apply to the Governor of the State of Georgia for all such vouchers Georgia for vouch and testimony, within archives or treasury of the said State, etc. as may be necessary for carrying into effect the provisions. of this act. au ob of that State. be Proviso; the suits to be conducted at the expense of the United States. The President au to the Governor of ers and testimony, estate in any of the minors, the guardi SEC. 8. And be it further enacted, That whenever the When the legal legal estate in any of the said lands (supposing the said act lands is vested in of the Legislature of the State of Georgia of the seventeenth ans may execute of January, seventeen hundred and ninety-five, had been valid the release, etc. and effectual) shall be vested in any person or persons who, at the time of the passing of this act, shall be under the age of twenty-one years, it shall be lawful for the guardian or guardians of such person or persons, appointed in pursuance of the laws of the respective States in which such person or persons shall reside, to execute, for and in behalf of such person or persons, and deposite in the office of the Secretary of State of the United States, the release, assignment, and power, mentioned in the first section of this act; which said release, assignment, and power, so executed and deposited as aforesaid, are hereby declared to be good and effectual, to all intents and purposes; and that in case of In the case of femes covert claiming lands under the act, or pretended act, husband and wife of the State of Georgia aforesaid, passed the seventh of Jan- may join in the uary, seventeen hundred and ninety-five, it shall be lawful release, etc. for the husband and wife to join in the execution of the release, assignment, and transfer, mentioned in the first section of this act, and that such release, assignment, and transfer, shall be good and effectual as to the interest of such wife: Provided, That the release, assignment, and transfer, exe- Proviso; the recuted as aforesaid, shall be acknowledged before a judge or knowledged bejustice of a court of record, and shall have the attestation of tice of a court of such judge or justice, certifying that, on the separate exami- record, etc. nation of the wife, she had acknowledged that she had freely and voluntarily executed the same. femes covert, the execution of the lease, etc. to be ac fore a judge or jus SEC. 9. And be it further enacted, That if any person or Persons refusing to persons, claiming lands under the aforesaid act, or pretended barred, etc. compromise, etc. |