No. 190.-AN ACT to construe and define "An act to cede to the State of Ohio the unsold lands in the Virginia military district in said State," approved February eighteenth, eighteen hundred and seventy-one, and for other purposes. May 27, 1820. Vol. 21. p. 142. Be it enacted, &c., That the act ceding to the State of Ohio the lands Construction of remaining unsurveyed and unsold" in the Virginia military district, in act of 1871. the State of Ohio, had no reference to lands which were included in any survey or entry within said district founded upon military warrant or warrants upon continental establishment; and the true intent and meaning of said act was to cede to the State of Ohio only such lands as were unappropriated, and not included in any survey or entry within said district, which survey or entry was founded upon military warrant or warrants upon continental establishment. SEC. 2. That all legal surveys returned to the land office on or before Certain surveys March third, eighteen hundred and fifty-seven, on entries made on or declared val d. before January first, eighteen hundred and fifty-two, and founded on unsatisfied Virginia military continental warrants, are hereby declared valid. veys. SEC. 3. That the officers and soldiers of the Virginia line on conti- Time extended nental establishment, their heirs or assigns, entitled to bounty lands, for making and which have, on or before January first, eighteen hundred and fifty-two, returning surbeen entered wi hin the tract reserved by Virginia, between the Little Miami and Sciota rivers, for satisfying the legal bounties to her officers and soldiers upon continental establishment, shall be allowed three years from and after the passage of this act to make and return their surveys for record to the office of the principal surveyor of said district, and may file their plats and certificates, warrants, or certitied copies of warrants, at the General Land Office, and receive patents for the same. SEC. 4. This act shall not in any way affect or interfere with the title Certain rights to any lands sold for a valuable consideration by the Ohio Agricultural saved. and Mechanical College, grantee, under the act of February eighteenth, eighteen hundred and seventy-one. (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187. March 3, 1791. Four hundred granted to each and INDIANA. No. 191.-AN ACT for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions. SECTION 1. Be it enacted, &c., That four hundred acres of land be acres of land given to each of those persons, who in the year one thousand seven head of a family, hundred and eighty-three, were heads of families at Vincennes or in the Illinois country, on the Mississippi, and who since that time have removed from one of the said places to the other. And the governor of the territory northwest of the Ohio is hereby directed, to cause the same to be laid out for them, at their own expense, either at Vincennes or in the Illinois country, as they shall severally elect. Also to those moved from said SEC. 2. And be it further enacted and declared, That the heads of famiwho have re lies at Vincennes or in the Illinois country in the year one thousand territory, if they seven hundred and eighty-three, who afterwards removed without the return within limits of the said territory, are notwithstanding, entitled to the donafive years. Lands former dians confirmed tion of four hundred acres of land made by the resolve of Congress of the twenty-ninth of August, one thousand seven hundred and eightyeight; and the governor of the said territory, upon application to him for that purpose, is hereby directed to cause the same to be laid out for such heads of families or their heirs; and shall also cause to be laid off and confirmed to such persons the several tracts of land which they may have possessed, and which before the year one thousand seven hundred and eighty-three may have been allotted to them according to the laws and usages of the government under which they had respectively settled: Provided nevertheless, That if such persons or their heirs do not return and occupy the said lands within five years, such lands shall be considered as forfeited to the United States. (a) SEC. 3. And be it further enacted, That one hundred and fifty acres of land, ly possessed by heretofore in possession of the Piankeshaw Indians, and now under actual Piankeshaw In improvement, and constituting a part of the village of Vincennes, be to present pos- given to the persons who are severally in possession of the said land. SEC. 4. And be it further enacted, That where lands have been actually Improvers of improved and cultivated at Vincennes, or in the Illinois country, under lands claiming under a supposed a supposed grant of the same, by any commandant or court claiming grant, to have authority to make such grant, the governor of the said territory be, their claims con- and he hereby is empowered to confirm to the persons who made such sessors. firmed. to. Lands hereto improvements, their heirs or assigns, the lands supposed to have been granted as aforesaid, or such parts thereof as he, in his discretion, may judge reasonable, not exceeding to any one person, four hundred acres. (b) SEC. 5. And be it further enacted, That a tract of land, containing fore used as a about five thousand four hundred acres, which for many years has common to be ap- been fenced and used by the inhabitants of Vincennes as a common, propriated therealso a tract of land including the villages of Cohos and Prairie du Pont, and heretofore used by the inhabitants of the said villages as a common, be, and the same are hereby appropriated to the use of the inhabitants of Vincennes and of the said villages respectively, to be used by them as a common, until otherwise disposed of by law. (c) acres. men Militia SEC. 6. And be it further enacted, That the governor of the said terriwho have not tory be authorized to make a grant of land not exceeding one hundred obtained any donation of land, acres, to each person who hath not obtained any donation of land from to receive 100 the United States, and who, on the first day of August, one thousand seven hundred and ninety, was enrolled in the militia at Vincennes or in the Illinois country, and has done militia duty, the said land to be Appropriation laid out at the expense of the grantees, and in such form and place as of a tract for the the said governor shall direct. Provided nevertheless, That no claim Kaskaskia In-founded upon purchase or otherwise, shall be admitted within a tract of land heretofore occupied by the Kaskaskia nation of Indians, and including their village, which is hereby appropriated to the use of the said Indians. dians. * (a) See Nos. 205, 210, 211, 214, 308, 312, 313, 321. (b) See Nos. 196, 199, 200, 302, 312, 313. (c) See Nos. 227, 311. 96 INDIANA. No. 192.-AN ACT to repeal part of a resolution of Congress of the twenty-ninth of August, one thousand seven hundred and eighty-eight, respecting the inhabitants of Post Saint Vincents. Feb. 21, 1793. Vol. 1, p. 318. Post St. Vincents pense of certain Be it enacted, &c., That so much of the resolution of Congress of the Inhabitants of twenty-ninth of August, one thousand seven hundred and eighty-eight, as requires the French and Canadian inhabitants, and other settlers at Post Saint Vincents, to pay for the survey of the several tracts, surveys. which they rightfully claimed, and which had been allotted to them, according to the laws and usages of the government, under which they had settled, be, and hereby is repealed: And that such surveys thereof, as may have been made, be paid for by the United States, not exceeding the rates hitherto established by Congress for making surveys. (a) (a) See Nos. 196, 197. No. 193.—AN ACT to divide the territory of the United States northwest of the Vol. 2, p. 58. Boundary and name of the new SECTION 1. Be it enacted, &c., That from and after the fourth day of July next, all that part of the territory of the United States northwest of the Ohio kiver, which lies to the westward of a line beginning at the territory. Ohio, opposite to the mouth of Kentucky River, and running thence to Fort Recovery, and thence north until it shall intersect the territorial line between the United States and Canada, shall, for the purposes of temporary government, constitute a separate territory, and be called the Indiana Territory. (a) Form of gov ernment and privileges of the SEC. 2. And be it further enacted, That there shall be established within the said territory a goverument in all respects similar to that provided by the ordinance of Congress, passed on the thirteenth day of inhabitants. July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States northwest of the river Ohio; and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges and advantages granted and secured to the people by the said ordinance. (b) Construction of SEC. 5. And be it further enacted, That nothing in this act contained pect to the gov shall be construed so as in any manner to affect the government now in this act with res force in the territory of the United States northwest of the Ohio River, ernment of the further than to prohibit the exercise thereof within the Indiana Terri- new territory. tory, from and after the aforesaid fourth day of July next: Provided, Eventual That whenever that part of the territory of the United States which lies to the eastward of a line beginning at the mouth of the Great Miami change of River, and running thence due north to the territorial line between the boundary. United States and Canada, shall be erected into an independent State, and admitted into the Union on an equal footing with the original States, thenceforth said line shall become and remain permanently the boundary line between such State and the Indiana Territory; any thing in this act contained to the contrary notwithstanding. the Seats of the SEC. 6. And be it further enacted, That until it shall be otherwise ordered by the legislatures of the said Territories respectively, Chilicothe, two on Scioto River, shall be the seat of the government of the territory of ments. the United States northwest of the Ohio River; and that Saint Vincennes, on the Wabash River, shall be the seat of the government for the Indiana Territory. (c) (a) See Nos. 203, 209, 246, 276. (b) See Nos. 215, 219. (c) See Nos. 206, 215, 230. No. 194.-AN ACT to extend and continue in force the provisions of an act intituled "An act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes or his associates, for lands lying between the Miami rivers, in the territory northwest of the Ohio, and for other purposes.' * govern Vol. 2, p. 179. How the lands around Vincennes, to which the SEC. 6. And be it further enacted, That all the lands around Vincennes on the Wabash, in the Indiana Territory, the Indian title to which hath been extinguished, shall be surveyed and laid off in the manner prescribed Indian title reby the third section of an act entitled "An act to amend an act entitled mains, are to be 'An act providing for the sales of the lands of the United States in the surveyed, &c. territory northwest of the Ohio, and above the mouth of Kentucky under directions from the Secretary of the Treasury, and by River,' 7 L 0-VOL II Limitation such person or persons as the President of the United States alone shall of appoint for that purpose: Provided, That the whole expense of surveythe expense for ing and marking the lines shall not exceed four dollars for every mile that object. that shall be actually run, surveyed, and marked. And two plats of the lands aforesaid shall be prepared by the person or persons who may survey the same, 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 plats shall be returned to the office of the Secretary of the Treasury, and the other shall be deposited with the secretary of the Indiana Territory. (a) * (a) See Nos. 196, 197, 247, 266, 317. March 3, 1803. No. 195.-AN ACT concerning the salt springs on the waters of the Wabash Vol. 2, p. 235. Salt works to River. River. Be it enacted, &c., That for the purpose of procuring articles necessary be established on to the establishment of salt works, at the springs near the Wabash the Wabash River, which have been ceded to the United States, by certain Indian tribes, the sum of three thousand dollars be, and the same is hereby appropriated, to be paid out of any unappropriated money in the Treasury, and under the direction of the President of the United States, who is hereby authorized to cause the said springs to be worked at the expense of the United States; or, if he shall deem it more proper, to lease the same for a term not exceeding three years, on such conditions as will insure the working the same most extensively, and to the most advantage to the United States. (a) (a) See Nos. 196, 215, 216, 219. March 26, 1804. No. 196.—AN ACT making provision for the disposal of the public lands in the Powers of the north of the Ohio, them to be laid off Be it enacted, &c., That the powers vested by law in the surveyor-gensurveyor-general eral, shall extend over all the public lands of the United States to which extended over all the Indian title has been or shall hereafter be extinguished, north of the lands of the the river Ohio, and east of the river Mississippi; and it shall be the duty United States of the said surveyor-general to cause the said lands to be surveyed into and east of the townships, six miles square, and divided in the same manner and under Mississippi; and the same regulations, and to do and perform all such other acts in relahe shall cause tion to the said lands, as is provided by law in relation to the lands of into townships. the United States, situate northwest of the river Ohio and above the Expenses of month of Kentucky River: Provided, That the whole expense of sursurveying not to veying and marking the lines shall not exceed three dollars for every exceed three dol- mile that shall be actually run, surveyed, and marked: And provided also, Tracts claimed That such tracts of land as are lawfully claimed by individuals within to be laid out at the said boundaries, and the title whereto has been or shall be recogthe expense of nized by the United States, shall be laid out and surveyed at the expense of the parties respectively, in conformity with the true boundaries of such tracts. And it shall also be the duty of the said surveyorgeneral to cause to be run, surveyed and marked such of the Indian boundary lines of the said lands, as have not yet been surveyed; and Indian bound with the approbation of the President of the United States to ascertain ary lines to be by astronomical observations the positions of such places north of the run and marked. river Ohio and east of the river Mississippi, as may be deemed necessary for the correctness of the surveys, and to be the most important points of the geography of the country. (a) lars per mile. the claimant. Land offices es and Kaskaskia. SEC. 2. And be it further enacted, That for the disposal of the lands of the tablished at De- United States, north of the river Ohio and east of the river Mississippi, troit, Vincennes, in the Indiana Territory, three land offices shall be established in the same, one at Detroit for the lands lying north of the State of Ohio to which the Indian title has been extinguished; one at Vincennes for the lands to which the Indian title has been extinguished, and which are included within the boundaries fixed by the treaty lately held with the Indian tribes of the Wabash; and one at Kaskaskia, for so much of the lands included within the boundaries fixed by the treaty of the thirteenth of August, one thousand eight hundred and three, with the Kaskaskia tribe of Indians, as is not claimed by any other Indian tribe: INDIANA. lic moneys ap and for each of the said offices a register and a receiver of public monies Register and shall be appointed, who shall give security in the same manner, in the receiver of pubsame sums, and whose compensation, emoluments and duties, ard au- pointed for each thority, shall, in every respect, be the same in relation to the lands of them. Duties which shall be disposed of at their offices, as are or may be by law pro- and emoluments vided, in relation to the registers and the receivers of public monies in of these officers. the several offices established for the disposal of the lands of the United States north of the river Ohio, and above the mouth of Kentucky River. (b) вес under tricts in which state scribed in the SEC. 3. And be it further enacted, That every person claiming lands Persons claimpreceding within any of the three tracts of land described in the preceding section, ing lands deby virtue of any legal grant made by the French Government, prior to the treaty of Paris, of the tenth of February, one thousand seven hun- tions, or United States dred and sixty-three, or of any legal grant made by the British Govern- grants from the governments to ment, subsequent to the said treaty, and prior to the treaty of peace be- French, British tween the United States and Great Britain, of the third of September, one thousand seven hundred and eighty-three, or of any resolution, or deliver to the reg act of Congress, subsequent to the said treaty of peace, shall, on or be- isters of the land fore the first day of January, one thousand eight hundred and five, de- oflices of the disliver to the register of the land office, within whose district the land the lands are sitmay lie, a notice in writing, stating the nature and extent of his claims, uated, together with a plot of the tract or tracts claimed, and may also, on or ments of the exbefore that day, deliver to the said register, for the purpose of being recorded every grant, order of survey, deed, conveyance, or other written evidence of his claim; and the same shall be recorded by the said register, in books to be kept for that purpose, on receiving from the recorded. parties at the rate of twelve and a half cents, for every hundred words contained in such written evidence of their claim; and if such person shall neglect to deliver such notice, in writing, of his claim, or to cause to be recorded such written evidence of the same, all his right, so far as the same is derived from any resolution or act of Congress, shall become void, and forever be barred. (c) tent of their Which shall be Fees demandable for the same. Neglect to deliver notice. The registers ers in their re dis SEC. 4. And be it further enacted, That the register, and receiver of public monies, of the three above-mentioned land offices, shall, for the to be commissionlands respectively lying within their districts, be commissioners for the spective purpose of examining the claims of persons claiming lands by virtue of tricts. the preceding sections. Each of the said commissioners shall, previous to entering on the duties of his appointment, respectively, take and subscribe the following oath or affirmation, before some person qualified to do solemnly swear, (or affirm,) administer the same: "I, that I will impartially exercise and discharge the duties imposed upon me, as commissioner for examining the claims to land, by an act of Congress, intituled An act making provision for the disposal of the public lands in the Indiana Territory, and for other purposes." Oath of office. The commissioners to meet with the attendance of to The board to It shall be the duty of the said commissioners to meet at the places Their duties. where the said land offices are by this act established, respectively, on or before the first day of January, one thousand eight hundred and five; in the several disand each board shall, in their respective districts, have power to hear tricts and to dein a summary manner all matters respecting such claims; also to com- cide upon claims; pel the attendance of witnesses, to administer oaths, and examine wit- invested nesses, and such other testimony as may be adduced, and to decide power to compel thereon according to justice and equity, which decision shall be laid witnesses to exTo report their before Congress in the manner hereinafter directed, and be subject to amine them. their decision thereon. The said boards, respectively, shall have power to appoint a clerk, whose duty it shall be to enter in a book to be kept proceedings for that purpose, full and correct minutes of their proceedings and de- Congress. cisions, together with the evidence on which such decisions are made; have power to Books and pawhich books and papers, on the disolution of the boards, shall be de- appoint clerks. pers, upon the posited in the respective offices of the registers of the land offices; and Duty of clerks. the said clerk shall prepare two transcripts of all the decisions made by the said commissioners in favor of the claimants to land, both of which dissolution of the shall be signed by the said commissioners, and one of which shall be board, to be transmitted to the surveyor-general, and the other to the Secretary of lodged in the ofthe Treasury; and the lands, the claims to which shall have been thus isters of the landaffirmed by the commissioners, shall not be otherwise disposed of, until offices. the decision of Congress thereupon shall have been made. It shall like- Clerks to prewise be the duty of the said commissioners to make to the Secretary of pare transcripts the Treasury a full report of all the claims filed with the register of the of the boards. proper land office, as above directed, which they may have rejected, together with the substance of the evidence adduced in support thereof, fices of the reg of the decisions |