Monday of November next, they having given four weeks' previous notice of such meeting in a public newspaper printed at Cincinnati, and shall then and there proceed to hear, and finally decide upon, all claims of which notice may have been given as aforesaid, and shall, in all matters relative thereto, govern themselves by the provisions of the said act. Vacancies in the said board of commissioners may Vacancies in the board may be fillbe filled by the President of the United States alone. And ed by the Presi the duties, powers, and emoluments, of the said commis- dent alone. sioners, receiver of public moneys, and register of the land office at Cincinnati, and surveyor general, as prescribed by the said act, shall be, and the same are hereby, continued. SEC. 4. And be it further enacted, That every person who Persons obtaining may have obtained, or who shall hereafter obtain, as aforesaid, of pre-emption, a certificate of a right of pre-emption from the said commis- the 1st of January, sioners, shall be allowed until the first day of January next to 13, to make the make the first payment required for the lands described in such certificate, and shall, in all other respects relative thereto, conform to the several provisions of the said act. certificates of rights &c., allowed until first payment, &c. the Treasury may promote the sale of SEC. 5. And be it further enacted, That it shall and may The Secretary of be lawful for the Secretary of the Treasury to cause to be cause such roads to viewed, marked, and opened, such roads within the Territory Northwestern Ter northwest of the Ohio, as, in his opinion, will best serve to ritory as will best promote the sales of the public lands in future: Provided, public lands. That the whole sum to be expended on such roads shall not Proviso; the whole exceed six thousand dollars, and that the same shall be paid to exceed 86,000. out of the moneys paid by purchasers of public lands on account of surveying expenses. sum for roads not Vincennes, &c. to section of the act *Ante, chap. 54. SEC. 6. And be it further enacted, That all the lands The lands around around Vincennes, on the Wabash, in the Indiana Territory, be surveyed, &c., the Indian title to which hath been extinguished, shall be according to the 3 surveyed and laid off in the manner prescribed by the third mentioned, &c. section of an act entitled "An act to amend an act entitled 'An act providing for the sales of the lands of the United States in the Territory northwest of the Ohio, and above the mouth of Kentucky river,'"* under directions from the Secretary of the Treasury, and by such person or persons as the President of the United States alone shall appoint for that purpose: Provided, That the whole expense of sur- Proviso; the whole veying and marking the lines shall not exceed four dollars expense of surveyfor every mile that shall be actually run, surveyed, and ceed 84 for every marked. And two plats of the lands aforesaid shall be pre- Two plats of the pared by the person or persons who may survey the same, land to be prepared who shall also designate thereon the bounds of the lands of individuals held under reservations of the State of Virginia, or under the laws of the United States: one of the said One plat to the Treasury Departplats shall be returned to the office of the Secretary of the ment, the other to the secretary Treasury, and the other shall be deposited with the secreIndiana tary of the Indiana Territory. SEC. 7. And be it further enacted, That in all cases where any section or fractional section of land lying within the seven ranges of townships has been sold prior to the tenth ing, &c. not to ex mile, &c. by the person who surveys it, &c. of any section, &c. of seven ranges, &c., to be run under the Treasury, &c. In all cases where day of May, one thousand eight hundred, under the authorland, within the ity of the United States, the lines of such section or fractional has been sold prior section shall be run under the direction of the Secretary of to the 10th of May, 1800, &c., the lines the Treasury, in the manner most consistent with the supdirection of the posed boundaries of the same at the time of the sale, any Secretary of the thing in the act of the tenth of May, one thousand eight * hundred, to the contrary notwithstanding. And it shall be The Secretary of lawful for the Secretary of the Treasury, whenever lines the Treasury, when thus run shall interfere with the claim of a purchaser of the claim of a pur- public lands under the last-mentioned act, to permit such act referred to, to purchaser, if he shall desire it, at any time within six months after such lines thus interfering with his claim shall have been run, to withdraw his former application, and to apply, in lieu thereof, for any other vacant section. *Ante, chap. 54. lines interfere with chaser under the permit him, &c. to ap Approved, May 1, 1802. [See Part II, Nos. 15, 35, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93, 175, 395, 737.] See original act, of 30th April, 1802, ante, chap. 59. The tracts of land State of Ohio, ap use of schools in that State. CHAP. 61.-An act in addition to, and in modification of, the propositions contained in the act entitled "An act to enable the people of the eastern division of the Territory northwest of the river Ohio to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes."+ SEC. 1. Be it enacted by the Senate and House of Repredescribed, in the sentatives of the United States of America in Congress aspropriated for the sembled, That the following several tracts of land in the State of Ohio be, and the same are hereby, appropriated for the use of schools in that State, and shall, together with all the tracts of land heretofore appropriated for that purpose, be vested in the Legislature of that State, in trust for the use aforesaid, and for no other use, intent, or purpose, whatever, that is to say: First tract; in the United States military tract. First. The following quarter townships in that tract commonly called the "United States military tract," for the use of schools within the same, viz: the first quarter of the third township in the first range, the first quarter of the first township in the fourth range, the fourth quarter of the first township and the third quarter of the fifth township in the fifth range, the second quarter of the third township in the sixthrange, the fourth quarter of the second township in the seventh range, the third quarter of the third township in the eighth range, the first quarter of the first township and the first quarter of the third township in the ninth range, the third of the first township in the tenth range, the first and fourth quarters of the third township in the eleventh range, the fourth quarter of the fourth township in the twelfth range, the second and third quarters of the fourth township in the fifteenth range, the third quarter of the seventh township in the sixteenth range, and the first quarter of the sixth township and third quarter of the seventh township in the eighteenth range, being the one thirty-sixth part of the estimated whole amount of lands within that tract. the Connecticut Secondly. The following quarter townships in the same Second tract tract for the use of schools in that tract commonly called the Reserve. Connecticut Reserve, viz: the third quarter of the ninth township and the fourth quarter of the tenth township in the first range, the first and second quarters of the ninth township in the second range, the second and third quarters of the ninth township in the third range, the first quarter of the ninth township and the fourth quarter of the tenth township in the fourth range, the first quarter of the ninth township in the fifth range, the first and fourth quarters of the ninth township in the sixth range, the first and third quarters of the ninth township in the seventh range, and the fourth quarter of the ninth township in the eighth range. Virginia military 2, 1807, section 3, Thirdly. So much of that tract commonly called the "Vir- Third tract: in the ginia military reservation," as will amount to one thirty- reservation. sixth part of the whole tract, for the use of schools within *See act of March the same, and to be selected by the Legislature of the State chap. 74. of Ohio, out of the unlocated lands in that tract, after the warrants issued from the State of Virginia shall have been satisfied; it being, however, understood that the donation is it being undernot to exceed the whole amount of the above-mentioned stood, &c. residue of such unlocated lands, even if it shall fall short of one thirty-sixth part of the said tract. thirty-sixth part of State of Ohio, to which the Indian title has not been extinguished, &c. Fourthly. One thirty-sixth part of all the lands of the Fourth tract: one United States lying in the State of Ohio, to which the Indian all the lands in the title has not been extinguished, which may hereafter be purchased of the Indian tribes by the United States, which thirty-sixth part shall consist of the section number sixteen in each township, if the said land shall be surveyed in townships of six miles square, and shall, if the lands be surveyed in a different manner, be designated by lots. the Treasury, from the time to time, &c., the to pay three per cent. of the nett of proceeds of the lands, &c. to a person authorized by the Legislature of Ohio to receive it, laying out roads, to be applied to the &c. SEC. 2. And be it further enacted, That the Secretary of The Secretary of the Treasury shall, from time to time, and whenever quarterly accounts of the receivers of public moneys of several land offices shall be settled, pay three per cent. the nett proceeds of the lands of the United States lying within the State of Ohio, which, since the thirtieth day of June last, have been, or hereafter may be, sold by the United States, after deducting all expenses incidental to the same, to such person or persons as may be authorized by the Legislature of the said State to receive the same; which sums, thus paid, shall be applied to the laying out, opening, and making roads, within the said State, and to no other purpose. whatever; and an annual account of the application of the same shall be transmitted to the Secretary of the Treasury by such officer of the State as the Legislature thereof shall direct; and it is hereby declared that the payments thus to The payments and be made, as well as the several appropriations for schools cared to be in conmade by the preceding section, are in conformity with, and sideration of the in consideration of, the conditions agreed on by the State of on, &c. appropriations de conditions agreed The sections of land promised for &c. to be selected Ohio, by the ordinance of the convention of the said State bearing date the twenty-ninth day of November last. SEC. 3. And be it further enacted, That the sections of schools, in lieu, land heretofore promised for the use of schools, in lieu of by the Secretary of Such of the sections number sixteen as have been otherwise the Treasury, &c. disposed of, shall be selected by the Secretary of the Treasury out of the unappropriated reserved sections in the most contiguous townships. One complete township, &c., so whole thirty-six cated, under the &c., and vested, *Chapter 38. Proviso; the township to revert, &c., if, &c. SEC. 4. And be it further enacted, That one complete as to make in the township in the State of Ohio and district of Cincinnati, or sections, to be lo- so much of any one complete township within the same as direction of the Le may then remain unsold, together with as many adjoining gislature of Ohio, sections as shall have been sold in the said township, so as &c. for establish to make in the whole thirty-six sections, to be located under ing an academy, the direction of the Legislature of the said State, on or before the first day of October next, with the register of the land office of Cincinnati, be, and the same is hereby, vested in the Legislature of the State of Ohio for the purpose of establishing an academy, in lieu of the township already granted for the same purpose by virtue of the act entitled "An act authorizing the grant and conveyance of certain lands to John Cleves Symmes and his associates:"* Provided, however, That the same shall revert to the United States if, within five years after the passing of this act, a township shall have been secured for the said purpose within the boundary of the patent, granted by virtue of the abovementioned act, to John Cleves Symmes and his associates. SEC. 5. And be it further enacted, That the Attorney locate, and accept General for the time being be directed and authorized to Symmes, &c., a locate and accept, from the said John Cleves Symmes and ship, &c. for an his associates, any one complete township within the boundacademy, &c., and aries of the said patent, so as to secure the same for the purcompel an execu- pose of establishing an academy, in conformity to the provisions of the said patent, and, in case of non-compliance, to take, or direct to be taken, such measures as will compel Froviso; John C. an execution of the trust: Provided, however, That John released on pay. Cleves Symmes and his associates shall be released from the said trust, and the said township shall vest in them, or any of them, in fee simple, upon payment into the Treasury of the United States of fifteen thousand three hundred and sixty dollars, with interest from the date of the above-mentioned patent to the day of such payment. The Attorney General authorized to from John Cleves complete town in case, &c., to tion of the trust. Symmes, &c. to be ment, &c. Approved, March 3, 1803. [See Part II, Nos. 35, 105, 198, 199, 437, 465, 466.] +See supplementary act of March 27, 1804, chap. 71. CHAP. 62.-An act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the State of Tennessee.† SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as legal representa the Mississippi who had previous or Spanish war lying in that Ter sembled, That any person or persons, and the legal repre- Persons, and their sentatives of any person or persons, who were resident in tives, resident in the Mississippi Territory on the 27th day of October, in the Territory on the year one thousand seven hundred and ninety-five, and who 27th October, 1795, had, prior to that day, obtained either from the British Gov- ly obtained British ernment of West Florida, or from the Spanish Government, rants, &c. for lands any warrant or order of survey for lands lying within the ritory, &c., con said Territory, to which the Indian title had been extinguish-firmed in their ed, and which were on that day actually inhabited and cultivated by such person or persons, or for his or their use, shall be confirmed in their claims to such lands, in the same manner as if their titles had been completed: Provided, how- Proviso; no title to ever, That no such incomplete title shall be confirmed, un- less the person, less the person in whose name such warrant or order of sur. &c. was the head vey had been granted was, at the time of its date, either the head of a family or above the age of twenty-one years. be confirmed, un of a family, or, &c. &c. inhabiting and heads of families, or SEC. 2. And be it further enacted, That to every person, Tracts of land, not or to the legal representative or representatives of every per- claimed, &c., to be son, who, being either the head of a family or of twenty-one cultivating on the years of age, did, on that day of the year seventeen hundred day mentioned, if and ninety-seven when the Mississippi Territory was finally 21 years of age, &c. evacuated by the Spanish troops, actually inhabit and cultivate a tract of land in the said Territory, not claimed by vir tue either of the preceding section or of any British grant, or of the articles of agreement and cession between the United States and the State of Georgia, the said tract of land, thus inhabited and cultivated, shall be granted: Provided, Proviso; not more however, That not more than one tract shall be thus granted to any one person, and the same shall not contain more than six hundred and forty acres: And provided, also, That this Proviso; this donadonation shall not be made to any person who claims any to persons claimother tract of land in the said Territory by virtue of any Brit- ing by virtue of ish or Spanish grant or order of survey. than one tract to one person, of 640 acres. tion not to be made British or Spanish grants. or above 21, &c., tivating tracts not in purchasing, &c. tled to a preference SEC. 3. And be it further enacted, That every person, Persons, &c. being and the legal representatives of every person, who, being heads of families, the head of a family or above the age of twenty-one years, inhabiting and culdoth, at the time of passing this act, inhabit and cultivate a claimed, &c., entitract of land in the said Territory not claimed by virtue of the preceding sections of this act, or of any British grant, or of the articles of agreement and cession above mentioned, shall be entitled to a preference in becoming the purchaser from the United States of such tract of land, at the price at which the other lands of the United States in the said Territory are by this act directed to be sold; and payment may be made therefor in the same manner and under the same conditions as directed by this act for such other lands: Pro- Proviso; no intervided, however, That no interest shall be charged upon any until payable. of the instalments until they respectively become payable. est on instalments be established in Territory, &c. SEC. 4. And be it further enacted, That, for the disposal Two land offices to of the lands of the United States within the Mississippi Ter- the Mississippi ritory, two land offices shall be established in the same: one at such place in the county of Adams as shall be designated |