No. 5. South Carolina. Resolved, That Congress are ready to accept the Resolution cession of the claim of the state of South Carolina, to of Congress, the tract of country, described in the act of said state, August 9, 1787. whenever the delegates will execute a deed, conform- Congress able to said act. ready to ac sion. In virtue of the powers in them vested, the dele- cept a cesgates of the state of South Carolina, for and in behalf of the said state, executed the following deed of cession, to the United States of America: To all who shall see these presents: WE, John Kean and Daniel Huger, the underwritten delegates, for the state of South Carolina, in the Congress of the United States, send greeting: Whereas, the general assembly of the state of South Carolina, on the eighth of March, in the year of our Lord, one thousand seven hundred and eighty-seven, passed an act, in the following words, viz: Deed of cession. "An act to authorise the delegates of this state, in Act of South Congress, to convey to the United States, in Con- Carolina, gress assembled, all the right of this state, to the territory herein described. Whereas, the Congress of the United States did, on the sixth day of September, in, the year one thousand seven hundred and eighty, recommend to the several states in the Union, having claims to western territory, to make a liberal cession, to the United States, of a portion of their respective claims, for the common benefit of the Union And whereas, this state is willing to adopt every measure which can tend to promote the honor and dignity of the United States, and strengthen their federal union: Be it therefore enacted, by the honorable the senate and house of representatives, in general assembly met, and sitting, and by the authority of the same, that it shall and may be lawful for the delegates of this state, to the Congress of the United States, or such of them as shall be assembled in Congress, and they are hereby fully authorised and a cession of territory west of the mountains Authorising empowered, for, and on behalf of this state, by proper deeds, or instruments in writing, under their hands and seals, to convey, transfer, assign and make óver, unto the United States, in Congress assembled, and north of for the benefit of the said States, all right, title and a certain line. claim, as well of soil as jurisdiction, which this state hath to the territory or tract of country, within the limits of the charter of South Carolina, situate, lying and being within the boundaries and lines herein after described, that is to say: All the territory or tract of country, included within the river Mississippi and a line, beginning at that part of the said river which is intersected by the southern boundary line of the state of North Carolina, and continuing along the said boundary line, until it intersects the ridge, or chain of mountains which divides the eastern from the western waters, then to be continued along the top of the said ridge of mountains, until it intersects a line to be drawn due west from the head of the southern branch of Tugoloo river, to the said mountains, and thence to run a due west course to the river Mississippi. Now therefore know ye, That we, the said John Kean and Daniel Huger, by virtue of the power and authority to us committed, by the said act of the general assembly of South Carolina, before recited, in the name, and for, and in behalf of the state of South Carolina, do, by these presents, assign, transfer, quitclaim, cede and convey to the United States of Ame rica, for their benefit, South Carolina inclusive, all the right, title, interest, jurisdiction and claim which the state of South Carolina hath in and to the before mentioned and described territory, or tract of country, as the same is bounded and described in the said act of assembly, for the uses in the said recited act of assembly declared. In witness whereof, we have hereunto set our hands and seals, this ninth day of August, in the year of our Lord, one thousand seven hundred and eighty seven, and of the sovereignty and independence of America, the twelfth, &c. No. 6. North Carolina. ACT OF CONGRESS, OF SECOND APRIL, 1790. A deed of cession having been executed, and in Act of Con the senate offered for acceptance, to the United gress; 1st Congress States, of the claims of the state of North Carolina, 2d session. to a district of territory therein described; which Chap 6, deed is in the words following, viz: To all who shall see these presents: We, the under written Samuel Johnston and Benjamin Hawkins, senators in the Congress of the United States of America, duly and constitutionally chosen by the legislature of the state of North Carolina, send greeting: WHEREAS, the general assembly of the state of North Carolina, on the day of December, in the year of our Lord, one thousand seven hundred and eighty-nine, passed an act, entitled "An act for the purpose of ceding to the United States of America, certain western lands therein described," in the words following, to wit: April 2, that state, by Whereas, the United States, in Congress assem- Recital of bled, have repeatedly and earnestly recommended to the act of the the respective states in the Union, claiming or own legislature of ing vacant western territory, to make cessions of part which the exof the same, as a further means, as well of hastening ecution of the the extinguishment of the debts, as of establishing the said deed is harmony of the United States; and the inhabitants authorised. of the said western territory being also desirous that such cession should be made, in order to obtain a more ample protection than they have heretofore received: Now this state, being ever desirous of doing ample justice to the public creditors, as well as the establishing the harmony of the United States, and complying with the reasonable desires of her citizens; Be it enacted by the general assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That the senators of this state, in the Congress of the United States, or one of the senators and any two of the representatives of this state, in the Congress of the United States, are hereby au and conditions, of the cession. Boundaries thorised, empowered and required to execute a deed or deeds, on the part and behalf of this state, conveying to the United States of America, all right, title and claim, which this state has to the sovereignty and territory of the lands situated within the chartered limits of this state, west of a line, beginning on the extreme height of the Stone mountain, at the place where the Virginia line intersects it; running thence along the extreme height of the said mountain, to the place where Wataugo river breaks through it; thence a direct course to the top of the Yellow mountain, where Bright's road crosses the same; thence along the ridge of said mountain, between the waters of Doe river and the waters of Rock creek, to the place where the road crosses the Iron mountain; from thence along the extreme height of said mountain, to where Nolichucky river runs through the same; thence to the top of the Bald mountain; thence along the extreme height of the said mountain, to the Painted rock, on French Broad river; thence along the highest ridge of the said mountain, to the place where it is called the Great Iron or Smoaky mountain; thence along the extreme height of the said mountain, to the place where it is called the Unicoy or Unaka mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain, to the southern boundary of this state, upon the following express conditions, and subject thereto, that is to say: First, That neither the lands nor inhabitants, westward of the said mountain, shall be estimated, after the cession made by virtue of this act shall be accepted, in the ascertaining the proportion of this state with the United States, in the common expense occasioned by the late war. Secondly, That the lands laid off, or directed to be laid off by any act or acts of the general assembly of this state, for the officers and soldiers thereof, their heirs and assigns respectively, shall be, and enure to the use and benefit of the said officers, their heirs and assigns respectively; and if the bounds of the said lands already prescribed for the officers and soldiers of the continental line of this state, shall not contain a sufficient quantity of lands fit for cultivation, to make good the several provisions intended by law, that such tions of the officer or soldier, or his assignee, who shall fall short Boundaries of his allotment or proportion, after all the lands, fit and condifor cultivation, within the said bounds are appropriat cession. ed, be permitted to take his quota, or such part thereof as may be deficient, in any other part of the said territory intended to be ceded by virtue of this act, not already appropriated. And where entries have been made agreeable to law, and titles under them not perfected by grant or otherwise, then, and in that case, the governor for the time being, shall, and he is hereby required to perfect, from time to time, such titles, in such manner as if this act had never been passed. And that all entries made by, or grants made to all and every person or persons whatsoever, agreeable to law, and within the limits hereby intended to be ceded to the United States, shall have the same force and effect as if such cession had not been made; and that all and every right of occupancy and pre-emption, and every other right reserved by any act or acts to persons settled on, and occupying lands within the limits of the lands hereby intended to be ceded as aforesaid, shall continue to be in full force, in the same manner as if the cession had not been made, and as conditions upon which the said lands are ceded to the United States. And further, it shall be understood, that if any person or persons shall have, by virtue of the act, entiled" 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, made his or their entry in the office usually called John Armstrong's office, and located the same to any spot or piece of ground, on which any other person or persons shall have previously located any entry or entries, that then, and in that case, the person or persons having made such entry or entries, or their assignee or assignees shall have leave, and be at full liberty to remove the location of such entry or entries, to any lands on which no entry has been specially located, or on any vacant lands included within the limits of the lands hereby intended to be ceded: Provided, That nothing herein contained shall extend, or be construed to extend, to the making good any entry or entries, or any grant |