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(ACT of March 1st, 1817.) day of May, one thousand seven hundred and ninety-two, as approves and establishes the rules and discipline of the baron de Steuben, and requires them to be observed by the militia throughout the United States, is hereby repealed.
The court martial that imposes a fine upon a man not liable to militia duty, are equally trespassers with the officer who distrains for such duty. 3 Cranch, 331.
Authorised to form a state,
ACT of March 1, 1817. Pamphlet edit. 208. An act to enable the people of the western part of the Mississippi territory 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.
1. Sec. 1. The inhabitants of the western part of the Missis. sippi territory be, and they hereby are, authorised to form for themselves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formed, shall be admitted into the union upon the same footing with the original states, in all respects whatever.
2. Sec. 11. The said state shall consist of all the territory included within the following boundaries, to wit: Beginning on the river Mississippi, at the point where the southern boundary line of the state of Tennessee strikes the same, thence east along the said boundary line of the Tennessee river, thence up the same to the mouth of Bear creek, thence by a direct line to the northwest corner of the county of Washington, thence due south to the Gulf of Mexico, thence westwardly, including all the islands within six leagues of the shore, to the most eastern junction of Pearl river, with Lake Borgne, thence up said river to the thirty-first degree of north latitude, thence west along the said degree of latitude to the Mississippi river, thence up the same to the beginning.
Sec. 111. [Apportions the representatives at the convention among the counties.]
3. Sec. iv. The members of the convention, thus duly elected, are authorised to meet at the town of Washington, on the first Monday of July next; which convention, when met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient, at that time, to form a constitution and (ACT of March 1st, 1817.) state government for the people within the said territory; and if it be determined to be expedient, the convention shall be, and hereby are, authorised to form a constitution and state government: Provided, That the same, when formed, shall be republican, and not repugnant to the principles of the ordinance of the thirteenth of July, one thousand seven hundred and eighty-seven, between the people and states of the territory northwest of the river Ohio, so far as the same has been extended to the said territory by the articles of agreement between the United States and the state of Georgia, or of the constitution of the United States: And provided also, That the said convention shall provide, by an ordinance irrevocable without the consent of the United States, that the people inhabiting the said territory do agree and declare that they forever disclaim all right or title to the waste or unappropriated lands lying within the said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by congress, shail be and remain exempt from any tax laid by the order, or under the authority, of the state, whether for state, county, township, parish, or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof, and that the lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the lands belonging to persons residing therein; and that no taxes shall be imposed on lands the property of the United States, and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of the said state, as to other citizens of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said state.
4. Sec. v. Five per cent. of the nett proceeds of the lands lying within the said territory, and which shall be sold by congress from and after the first day of December next, after deducting all expenses incident to the same, shall be reserved for making public roads and canais; of which, three-fifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of congress; Provided, That the application of such proceeds shall not be made until after payment is completed of the one million two hundred and fifty thousand dollars due to the state of Georgia, in consideration of the Cession to the United States, nor until the payment of all the stock which has been or shall be created by the act, entitled “ An act providing for the indemnification of certain claimants of public lands in the Mississippi territory,” shall be completed: And provided also, That the said five per cent. shall not be calculated on any part of such proceeds as shall be applied to the payment of the one million two hundred and fifty thousand dollars due to the (ACT of February 20th, 1819.) state of Georgia, in consideration of the cession to the United States, or in payment of the stock which has or shall be created by the act, entitled “ An act providing for the indemnification of certain claimants of public lands in the Mississippi territory."
5. Sec. vi. Until the next general census shall be taken, the said state shall be entitled to one representative in the house of representatives of the United States.
RESOLUTION of December 10, 1817. Pamphlet edit. 195.
6. Whereas in pursuance of an act of congress, passed on the first day of March, one thousand eight hundred and seventeen, entitled “ An act to enable the people of the western part of the Mississippi territory 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,” the people of the said territory did, on the fifteenth day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state government, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and states in the territory northwest of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eightyseven.
Resolved, &c. That the state of Mississippi shall be one, and is hereby declared to be one of the United States of America, and admitted into the union on an equal footing with the original states in all respects whatever.
ACT of February 20, 1819. Pamphlet edit. 25. An act providing for a grant of land for the seat of government in the state of Mississippi, and for the support of a seminary of learning within the said state.
7. Sec. 1. There shall be granted to the state of Mississippi, two entire sections of land, or fractional sections, or quarter sections, not exceeding the quantity contained in two entire sections, for a seat of government in the said state; which land shall be located in one entire tract, at such place as, under the authority of the said state, shall be designated for the seat of government therein, whenever the Indian title shall have been extinguished thereto, and before the commencement of the public sales of the adjoining and surrounding lands belonging to the United States.
Sec. it. In addition to the township of land granted for the support of Jefferson college, there shall be granted, in the said state, another township, or a quantity of land equal thereto, to be located in tracts of not less than four entire sections each, which shall be vested in the legislature of the said state, in trust, for the support of a seminary of learning therein; which lands shall be
(ACT of March 31st, 1814.) located by the secretary of the treasury of the United States, whenever an extinguishment of Indian title shall be made for lands, suitable, in his opinion, for that purpose, in the said state; which grant, hereby provided to be made, shall be considered as made in lieu of a township directed to be reserved by the fifth section of an act, entitled " An act to provide for the ascertaining and surveying of the boundary lines fixed by the treaty with the Creek Indians, and for other purposes," passed March three, one thousand eight hundred and fifteen; and which reserve of one township, provided to be made by the aforesaid fifth section of said act, shall be offered for sale, in the same manner as the other public lands in the same district.
ACT of March 31, 1814. 4 Bioren, 671. An act providing for the indemnification of certain claimants of public lands is
the Mississippi territory.
1. Sec. 1. Every person or persons claiming public lands, in the Mississippi territory, south of the state of Tennessee and west of the state of Georgia, under the act, or pretended act, of the state of Georgia, entitled “ An act supplementary to an act, entitled “ An act for appropriating a part of the unlocated territory of this state for the payment of the late state troops and other purposes therein mentioned, declaring the right of this state to the unappropriated territory thereof, for the protection and support of the frontiers of this state and for other purposes," passed January the seventh, one thousand seven hundred and ninety-five, who have exhibited the evidence of their claims to the secretary of state, for the purpose of having the same recorded in books in his office, conformable to the act of congress, passed the third day of March, one thousand eight hundred and three, entitled “ An act regulating the grants of lands, and providing for the disposal of the lands of the United States, south of the state of Tennessee,” shall be allowed until the first Monday of January next, to deposit in the office of the secretary of state of the United States, a sufficient legal release of all such claim or claims to the United States, and an assignment and transfer to the United States, of their right and claim to any sum or sums of money which by them, or the persons from whom they or any of them have de
(ACT of March 31st, 1814.) rived their claims, were deposited or paid into the treasury of the state of Georgia, as the consideration of the purchase of the land for which their release of claim is deposited as aforesaid; and also, a power to sue, in the name of such claimant, for any sum or sums of money assigned as aforesaid, and which shall have been unlawfully or fraudulently withdrawn from the treasury of the state of Georgia, such release, assignment, transfer, and power, to take effect on the indemnification of such claimants being made conformably to the provisions of this act.
2. [The time limited in this section was enlarged until the first Monday of March, one thousand eight hundred and seventeen]
Sec. 11. (The secretary of state, the secretary of the treasury and the attorney general constituted a board of commissioners to adjudge and determine upon the sufficiency of the releases, and assignments, and powers, to be executed and deposited in the office of the secretary of state, in conformity with the foregoing section; and also to adjudge and finally determine upon all controversies arising from such claims, which may be found to conflict with, and to be adverse to, each other; and also to adjudge and determine upon all such claims under the aforesaid aet, or pretended act, of the state of Georgia, as may be found to have accrued to the United States, by operation of law.]
3. Sec. III, As soon as the said commissioners shall have made report to the president of the United States of the sufficiency of such releases and assignments, to the amount of at least ninetenths of the whole lands claimed by virtue of the sales made by the legislature of the state of Georgia to the respective companies hereafter enumerated, exclusive of such claims to the said lands as shall have vested in the United States by the operation of law, and shall have certified to him the names of the claimants, whose claims they have finally adjudged and allowed, and the respective and relative proportions on which they are entitled to the indemnity under and by virtue of this act, the president shall be, and ne hereby is, authorised and required to cause to be issued, from the treasury of the United States, to such claimants, respectively, (of convenient amount for circulation) certificates of stock, not bearing interest, and expressing on their face, that the same are payable out of the first moneys in the treasury of the United States, arising from the sale of public lands in the Mis. sissippi territory, after the money due to the state of Georgia, and the expenses of surveying such lands, have been satisfied.
To the persons claiming in the name of, or under, the Upper Mississippi Company, including such share or shares as may be found to have vested in the United States, and for which the United States are to be considered entitled to the respective proportions for the same, (and exclusive of all claims, usually deno. minated, in the former report of the commissioners aforesaid,