and salaries. SEC. 2. That the President shall appoint, by and with the advice and Register and reconsent of the Senate, or in the recess of the Senate, a register and a ceiver, their resireceiver of public moneys for said district, and said officers shall reside dence, powers, in the place where said land office is located, and shall have the same powers and receive the same emoluments as the same officers now receive in the other land districts in said State. (a) (a) See Nos. 2421, 2432. No. 2436.-AN ACT to continue in force a grant to the State of Nevada for college purposes. March 16, 1872. Vol. 17, p. 40. Be it enacted, &c., That the grant made to the State of Nevada under Grant to Nevasection three of the act of July fourth, eighteen hundred and sixty-six, da for college purentitled "An act concerning certain lands granted to the State of Ne- poses continued in force, provid. vada," shall not cease by reason of the failure of the said State to pro- ed, &c. vide at least one college, as required by the several acts of Congress as a condition of said grant, but the same shall continue in full force: Provided, That all the conditions of law be complied with prior to the tenth of May, eighteen hundred and seventy-seven. (a) (a) See Nos. 2430, 2432. No. 2437.—AN ACT to grant the right of way through the public lands to the June 10, 1872. Vol. 17, p. 393. Nevada Railroad Be it enacted, &c., That for the purpose of aiding the Eastern Nevada Right of way Railroad Company, the same being a corporation organized under the through the publaws of the State of Nevada, to construct and operate a railroad from lic lands granted the town of Elko to the town of Hamilton City, all in Nevada, the to the Eastern right of way through the public lands be, and the same is, hereby, Company. granted to said Eastern Nevada Railroad Company, its successors and assigns, for the construction of a railroad as proposed; and the right is And to take hereby given to said corporation to take from the public lands adja- material from adcent to the line of said road material for the construction thereof. Said jacent lands. way is granted to said railroad to the extent of one hundred feet in width on each side of said road where it may pass through the public domain; also, all necessary ground for station-buildings, workshops, Extent of depots, machine-shops, switches, side-tracks, turn-tables, and water- grant. stations, not to exceed twenty acres, not mineral lands, for each ten Other roads miles of the entire length of said road: Provided, That the right herein may be built through any degranted shall not preclude the construction of other roads through any file. cañon, defile, or pass. and map of loca SEC. 2. That the acceptance of this act by the said Eastern Nevada Act to be acRailroad Company shall be signified in writing, under the corporate cepted in writing seal of said company, duly executed pursuant to the direction of its within one year, board of directors first had and obtained, which acceptance shall be tion filed. made within one year after the passage of this act, and not afterward, and shall be deposited with the Secretary of the Interior; and within the same period the said company shall also file with said Secretary of the Interior a map of the definite location of the entire line of the road, and the said Secretary shall thereupon take the requisite steps, by withdrawal or otherwise, to protect said right of way: Provided, however, That the entire line of said road, in manner in accordance with its charter, shall be fully completed within two years from date of approval of this act, or in default thereof, the right of way hereby granted shall be forfeited and revert to the United States. (a) (a) See Nos. 2092, 2275, 2420, 2438. No. 2438.-AN ACT granting the right of way and depot grounds to the Oregon Central Pacific Railway Company through the public lands of the United States, from Winnemucca, in the State of Nevada, to the Columbia River, via Portland, in the State of Oregon. [See OREGON, No. 2275.] No. 2439.—AN ACT to grant the State of Nevada lands in lieu of the sixteenth and thirty-sixth sections in said State. Whereas, the legislature of the State of Nevada on March eighth, eighteen hundred and seventy-nine, passed an act accepting from the United States a grant of two millions or more acres of land in lieu of the sixteenth and thirty-sixth sections therein, and relinquishing to 69 L O-VOL II Entire road to be completed within two years. Feb. 5, 1875. Vol. 18, p. 306. June 16, 1880. Act of State Legislature. tions. the United States all such sixteenth and thirty-sixth sections in said State as have not been heretofore sold or disposed of by said State, and which act of said State is in words as follows, to wit: "An act accepting from the United States a grant of two millions or more acres of land in lieu of the sixteenth and thirty-sixth sections, and relinquishing to the United States all such sixteenth and thirtysixth sections as have not been sold or disposed of by the State. "The people of the State of Nevada represented in senate and assembly do enact as follows: SECTION 1. The State of Nevada hereby accepts from the United States not less than two millions of acres of land in the State of Nevada in lieu of the sixteenth and thirty-sixth sections heretofore granted to the State of Nevada by the United States: Provided, That the title of the State and its grantees to such sixteenth and thirty-sixth sections as may have been sold or disposed of by the State prior to the enactment of any such law of Congress granting such two millions or more acres of land to the State shall not be changed or vitiated in consequence of or by virtue of such act of Congress granting such two millions or more acres of land, or in consequence of or by virtue of this act surrendering and relinquishing to the United States the sixteenth and thirtysixth sections unsold or undisposed of at the time such grant is made by the United States. "SEC. 2. The State of Nevada, in consideration of such grant of two millions or more acres of land by the United States, hereby relinquishes and surrenders to the United States all its claim and title to such sixteenth and thirty-sixth sections in the State of Nevada heretofore granted by the United States as shall not have been sold or disposed of subsequent to the passage of any act of Congress that may hereafter be made granting such two millions or more acres of land to the State of Nevada: Provided, That the State of Nevada shall have the right to select the two millions or more acres of land mentioned in the act": Therefore, Two million Be it enacted, &c., That there be, and are hereby, granted to the State acres granted to of Nevada two million acres of land in said State in lieu of the sixteenth State in lieu of 16th and 36th sec- and thirty-sixth sections of land heretofore granted to the State of Ne vada by the United States: Provided, That the title of the State and its grantees to such sixteenth and thirty-sixth sections as may have been sold or disposed of by said State prior to the passage of this act shall not be changed or vitiated in consequence of or by virtue of this act. How to be selected. Disposal. Proviso. SEC. 2. The lands herein granted shall be selected by the State authorities of said State from any unappropriated, non-mineral, public land in said State, in quantities not less than the smallest legal subdivision; and when selected in conformity with the terms of this act the same shall be duly certified to said State by the Commissioner of the General Land Office and approved by the Secretary of the Interior. SEC. 3. The lands herein granted shall be disposed of under such laws, rules, and regulations as may be prescribed by the legislature of the State of Nevada: Provided, That the proceeds of the sale thereof shall be dedicated to the same purposes as heretofore provided in the grant of the sixteenth and thirty-sixth sections made to said State. (4) SEC. 4. This act shall take effect from and after its passage. (a) See Nos. 2417, 2423, 2430, 2432. TENNESSEE. No. 2440.—AN ACT to accept a cession of the claims of the State of North Caro lina to a certain district of western territory. April 2, 1790. A deed of cession having been executed, and in the Senate offered for acceptance to the United States, of the claims of the State of North deed of cession, Carolina, to a district of territory therein described; which deed is in by the Senators of North Carothe words following, viz: lina, to the Uni. ted States. To all who shall see these presents We the underwritten 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, entituled "An act for the purpose of ceding to the United States of America, certain western lands therein described," in the words following, to wit: Whereas the United States in Congress assembled, have repeatedly Of the act of and earnestly recommended to the respective States in the Union, claim- the legislature of that State, by ing or owning vacant western territory, to make cessions of part of the which the execu same, as a further means, as well of hastening the extinguishment of the tion of the said debts, as of establishing the harmony of the United States; and the in- deed is authorhabitants of the said western territory being also desirous that such ized. 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 authorized, 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 Boundaries and beginning on the extreme height of the Stone Mountain, at the place conditions of the where the Virginia line intersects it; running thence along the extreme cession. 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 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; Boundaries and and if the bounds of the said lands already prescribed for the officers conditions of the and soldiers of the continental line of this State, shall not contain a cession. sufficient quantity of lands fit for cultivation, to make good the several provisions intended by law, that such officer or soldier, or his assignee, who shall fall short of his allotment or proportion, after all the lands fit for cultivation within the said bounds are appropriated, 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, entituled "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 or grants heretofore declared void, by any act or acts of the general assembly of this State. Thirdly, That all the lands intended to be ceded by virtue of this act to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and benefit of the United States of America, North Carolina inclusive, according to their respective and usual proportion in the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever. Fourthly, That the territory so ceded, shall be laid out and formed into a State or States, containing a suitable extent of territory, the inhabitants of which shall enjoy all the privileges, benefits and advantages set forth in the ordinance of the late Congress, for the government of the western territory of the United States, that is to say; whenever the Congress of the United States shall cause to be officially transmitted to the executive authority of this State, an authenticated copy of the act to be passed by the Congress of the United States, accepting the cession of territory made by virtue of this act, under the express conditions hereby specified; the said Congress shall at the same time assume the government of the said ceded territory, which they shall execute in a manner similar to that which they support in the territory west of the Ohio; shall protect the inhabitants against enemies, and shall never bar or deprive them of any privileges which the people in the territory west of the Ohio enjoy: Provided always, That no regulations made or to be made by Congress, shall tend to emancipate slaves. Fifthly, That the inhabitants of the said ceded territory shall be liable to pay such sums of money, as may, from taking their census, be their just proportion of the debt of the United States, and the arrears of the requisitions of Congress on this State. Sixthly, That all persons indebted to this State, residing in the territory intended to be ceded by virtue of this act, shall be held and deemed liable to pay such debt or debts in the same manner, and under the same penalty or penalties as if this act had never been passed. Seventhly, That if the Congress of the United States do not accept the cession hereby intended to be made, in due form, and give official notice thereof to the executive of this State, within eighteen months from the passing of this act, then this act shall be of no force or effect whatso- Boundaries and ever. Eighthly, That the laws in force and use in the State of North conditions of the Carolina, at the time of passing this act, shall be, and continue in full cession. force within the territory hereby ceded, until the same shall be repealed, or otherwise altered by the legislative authority of the said territory. Ninthly, That the lands of non-resident proprietors within the said ceded territory, shall not be taxed higher than the lands of residents. Tenthly, That this act shall not prevent the people now residing south of French Broad, between the rivers Tennessee and Big Pigeon, from entering their pre-emptions in that tract, should an office be opened for that purpose, under an act of the present general assembly. And be it further enacted by the authority aforesaid, That the sovereignty and jurisdiction of this State, in and over the territory aforesaid, and all and every the inhabitants thereof, shall be and remain the same in all respects, until the Congress of the United States shall accept the cession to be made by virtue of this act, as if this act had never passed. Read three times, and ratified in general assembly, the December, A. D. 1789. day of CHAS. JOHNSON, Sp. Sen., Now therefore know ye, That we, Samuel Johnston and Benjamin Hawkins, Senators aforesaid, by virtue of the power and authority committed to us by the said act, and in the name, and for and on behalf of the said State, do, by these presents, convey, assign, transfer, and set over unto the United States of America, for the benefit of the said States, North Carolina inclusive, all right, title, and claim which the said State hath to the sovereignty and territory of the lands situated within the chartered limits of the said State, as bounded and described in the above-recited act of the general assembly, to and for the uses and purposes, and on the conditions mentioned in the said act. In witness whereof, we have hereunto subscribed our names, and affixed our seals, in the Senate chamber, at New York, this twenty-fifth day of February, in the year of our Lord, one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the United States of America. SAM. JOHNSTON. Signed, sealed, and delivered in the presence of SAM. A. OTIS. Be it enacted, &c., That the said deed be, and the same is hereby Accepted. accepted. No, 2441.—AN ACT for the government of the territory of the United States, south of the river Ohio. government. May 26, 1790. Vol. 1, p. 123. SECTION 1. Be it enacted, &c., That the territory of the United States Territory south south of the river Ohio, for the purposes of temporary government, of the Ohio, to be shall be one district; the inhabitants of which shall enjoy all the one district; its privileges, benefits and advantages set forth in the ordinance of the privileges and late Congress, for the government of the territory of the United States northwest of the river Ohio. And the government of the said territory south of the Ohio, shall be similar to that which is now exercised in the territory northwest of the Ohio; except so far as is otherwise pro- Exceptions. vided in the conditions expressed in an act of Congress of the present session, entitled "An act to accept a cession of the claims of the State of North Carolina, to a certain district of western territory." (a) SEC. 2. And be it further enacted, That the salaries of the officers, Salaries of the which the President of the United States shall nominate, and with the officers therein. advice and consent of the Senate appoint, by virtue of this act, shall be the same as those, by law established, of similar officers in the government northwest of the river Ohio. And the powers, duties and emoluments of a superintendent of Indian affairs fc: the southern department, shall be united with those of the governor. (a) See No. 2440. |