Proceeds of lands appropriated to discharge of

public debt.

JII. 110.

3d March, 1795.

And to make part of sink ing fund.

IV. 30.

19th May, 1796. Penalty for settling on, surveying or marking In

dian lands.

President

may remove

such settlers by military force.

Forfeiture.

sinking or discharging the debts, for the payment whereof, the United States now are, or by virtue of this act may be holden, and shall be applied solely to that use, until the said debts shall be fully satisfied.*

Sec. 8. That the following appropriations, in addition to those heretofore made, be made to the fund constituted by the seventh section of the act, entitled, "An act supplementary to the act making provision for the debt of the United States," passed the eighth day of May, one thousand seven hundred and ninetytwo, to be hereafter denominated "The Sinking Fund;" to wit:

Fourthly; The net proceeds of the sales of lands belonging, or which shall hereafter belong to the United States, in the Western territory thereof.

Sec. 5. If any such citizen, or other person, shall make a settlement on any lands belonging, or secured, or granted by treaty with the United States, to any Indian tribe, or shall survey, or attempt to survey such lands, or designate any of the boundaries, by marking trees or otherwise; such offender shall forfeit all his right, title and claim, if any he hath, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, whereupon he shall make a settlement, or which he shall survey, or attempt to survey, or designate any of the boundaries thereof by inarking trees or otherwise, and shall also forfeit a sum not exceeding one thousand dollars, and suffer imprisonment not exceeding twelve months. And it shall, moreover, be lawful for the President of the United States to take such measures, and to employ such military force, as he may judge necessary, to remove from lands belonging or secured by treaty, as aforesaid, to any Indian tribe, any such citizen or other person, who has made or shall hereafter make or attempt to make a settlement thereon: And every right, title or claim, forfeited under this act, shall be

* But the lands in the Mississippi territory are, in the first place, appropriated, by 16th section of act of Sd March, 1803, to pay to Georgia 1,250,000 dollars.

This section expired on the

day of 1802; and the 5th section of act of 30th March, 1802, was substituted in lieu thereof.

any

vali

pursuant to the constitu

without au

taken and deemed to be vested in the United States, upon conviction of the offender, without any other or further proceeding. *Sec. 12. No purchase No purchase, grant, lease or other conor grant from veyance of lands, or of any title or claim thereto, Indians valid from any Indian, or nation or tribe of Indians, within but by treaty the bounds of the United States, shall be of dity in law or equity, unless the same be made by tion. treaty or convention, entered into pursuant to the constitution: And it shall be a misdemeanor in any Penalty for person, not employed under the authority of the treating United States, to negociate such treaty or conven- thority. tion directly or indirectly, to treat with any such Indian nation, or tribe of Indians, for the title or pur chase of any lands by them held or claimed, punishable by fine not exceeding one thousand dollars, and imprisonment not exceeding twelve months: Provided nevertheless, that it shall be lawful for the agent or agents of any state, who may be present at any treaty held with Indians, under the authority of the United States, in the presence and with the approbation of the commissioner or commissioners of the United States, appointed to hold the same, to propose to, and adjust with the Indians, the compensation to be made, for their claims to lands within such state, which shall be extinguished by the treaty.

18th May,

duties.

Sec. 1. A surveyor-general shall be appointed, IV. 29. whose duty it shall be to engage a sufficient number 1796. of skilful surveyors, as his deputies; whom he shall A surveyorcause, without delay, to survey and mark the unas- general to be certained outlines of the lands lying north-west of appointed; the river Ohio, and above the mouth of the river his power and Kentucky, in which the titles of the Indian tribes. have been extinguished, and to divide the same in the manner hereinafter directed; he shall have authority to frame regulations and instructions for the government of his deputies; to administer the necessary oaths, upon their appointments; and to remove them for negligence or misconduct in office.

Lands to be

Sec. 2. The part of the said lands, which has not laid off into been already conveyed by letters-patent, or divided, townships,

This section, at first temporary, was made perpetual, by act of 30th March, 1802.

six miles

square, by

lines run at the cardinal points.

Alternate

be sub

in pursuance of an ordinance in Congress, passed on the twentieth of May, one thousand seven hundred and eighty five, or which has not been heretofore, and, during the present session of Congress, may not be appropriated for satisfying military land-bounties, and for other purposes, shall be divided by north and south lines, run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of the late Indian purchase, or of tracts of land heretofore surveyed or patented, or the course of naviga ble rivers may render it impracticable; and then this rule shall be departed from, no further than such particular circumstances may require. The corners of the townships shall be marked with progressive numbers from the beginning; each distance of a mile between the said corners shall be also distinctly marked with marks different from those of the corners. townships to One-half of the said townships, taking them alternately, shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres into sections, each, by running through the same, each way, parallel lines, at the end of every two miles; and by marking a corner, on each of the said lines, at the end of Sections to be every mile; the sections shall be numbered respecnumbered. tively, beginning with the number one, in the northeast section, and proceeding west and east alternately, through the township, with progressive numbers, till the thirty-sixth be completed. And it shall be the duty of the deputy-surveyors, respectively, to cause to be marked, on a tree near each corner made, as aforesaid, and within the section, the number of such section, and over it the number of the township, within which such section may be; and the said deputies shall carefully note, in their respective fieldbooks, the names of the corner trees marked, and the numbers so made: The fractional parts of townships shall be divided into sections, in manner aforesaid, and the fractions of sections shall be annexed to, and sold with, the adjacent entire sections. All lines

divided

one mile

square.

*All the other townships, east of Muskingum, directed to be sub divided into sections, and all those west of Muskingum, into half sections, by the act of 10th May, 1800. All the public lands, generally, directed to be sub-divided into quarter sections, by the act of 26th March, 1804.

shall be plainly marked upon trees, and measured Standard with chains, containing two perches of sixteen feet chain. and one half each, sub-divided into twenty-five equal links, and the chain shall be adjusted to a standard to be kept for that purpose. Every surveyor shall note in his field-book the true situations of all mines, saltlicks, salt-springs and mill-seats, which shall come to his knowledge; all water-courses, over which the line he runs shall pass; and also the quality of the lands: These field-books shall be returned to the Descriptions surveyor-general, who shall therefrom cause a de- and plats of scription of the whole lands surveyed to be made out the lands to and transmitted to the officers who may superintend be sent to the sales: He shall also cause a fair plat to be made places of of the townships, and fractional parts of townships, treasury. contained in the said lands, describing the subdivisions thereof, and the marks of the corners. This plat shall be recorded in books to be kept for that purpose; a copy thereof shall be kept open at the surveyor-general's office, for public information; and other copies sent to the places of the sale, and to the secretary of the treasury.

sale, and to

Sec. 3. A salt spring lying upon a creek which Scioto salt empties into the Scioto river, on the east side, toge- spring and ther with as many contiguous sections as shall be others reserv equal to one township, and every other salt spring land adja

• This salt spring and also those near the Muskingum river, given to the state of Ohio by the act of 30th April 1802; which see under the head of "Donations." The section No. 16, which is one of the four central sections, was, by the act of 30th April 1802 (which see under head of "Donations in the state of Ohio,") granted to the inhabitants of every township in the state of Ohio. And, by the acts of 3d March 1803, and of 2d March 1807, (which see under same head) certain quarter townships were granted, in lieu of that section, for the use of schools in the military tract, in the Connecticut reserve, and in the Virginia military tract, where the section No. 16 had not originally been reserved. The same reservation of No. 16 for the use of schools has been made in all the subsequent laws for the sale of public lands wherever situated. The reservation of the three other central sections has not been made in the Mississippi, Orleans and Louisiana territories, nor in any tracts of land north of the river Ohio, to which the Indian title has been extinguished subsequent to the Greeneville treaty that is to say, to the year 1795. And the sale of those reserved sections as well as of those reserved by the ordinance of 20th of May 1785, is authorised by the 7th section of the act of 3d March 1805, and by act of 29th February 1808; which see hereafter, under head of General pro visions subsequent to 1800, respecting the sale of lands."

ed, with

cent,

Sections of 640 acres to be sold at Cincinnati, and Pittsburgh,

which may be discovered, together with the section of one mile square which includes it, and also four sections at the centre of every township, containing each one mile square, shall be reserved for the future disposal of the United States: But there shall be no reservations except for salt springs in fractional townships, where the fraction is less than three-fourths of a township.

Sec. 4. Whenever seven ranges of townships shall have been surveyed below the Great Miami, or between the Scioto river and the Ohio company's purchase, or between the southern boundary of the Connecticut claims and the ranges already laid off, beginning upon the Ohio river and extending westwardly, and the plats thereof made and transmitted in conformity to the provisions of this act, the said sections of six hundred and forty acres (excluding those hereby reserved) shall be offered for sale at public vendue, under the direction of the governor or secretary of the Western territory, and the surveyorgeneral; such of them as lie below the Great Miami shall be sold at Cincinnati : those of them which lie between the Scioto and the Ohio company's purchase, at Pittsburgh; and those between the Connecticut claim and the seven ranges, at Pittsburgh. And the townships remaining undivided shall be offered for sale in the same manner, at the seat of government of and the other the United States, under the direction of the secre lands by the secretary of tary of the treasury, in tracts of one quarter of a the treassury, township lying at the corners thereof, excluding the in quarter four central sections and the other reservations before townships, mentioned: Provided always, that no part of the for not less lands directed by this act to be offered for sale, shall be sold for less than two dollars per acre.

than $2 per

acre.

Notice to be given of

sales.

Sec. 5. The secretary of the treasury after re ceiving the aforesaid plats shall forthwith give notice in one newspaper in each of the United States, and of the territories north-west andsouth of the river Ohio, of the times of sale; which shall in no case be less than two months from the date of the notice; and the sales at the different places shall not commence with

This section was not carried into effect, having been superceded by the provisions of the act of 10th May, 1800.