the year 1783, had professed themselves citizens of the United States, or any of them, and for laying off the several tracts which they rightfully claim within the described limits; and for laying off, for the benefit of the said inhabitants, three additional tracts adjoining the several villages Kaskaskies, la Prairie du Rochers, and Kahokia, in the form of a parallelogram, extending from the river Mississippi, eastward, to the ridge of rocks before described, and of such extent as shall contain four hundred acres for each of the families now living at either of the villages of Kaskaskies, la Prairie du Rochers, Kahokia, Fort Chartres, or St. Philip's. The additional reserved tract adjoining the village of Kaskaskies, shall be for the heads of families in that village; the tract adjoining la Prairie du Rochers, for the heads of families in that village; and the tract adjoining Kahokia, for the heads of families in that village, as also for those at Fort Chartres and St. Philip's. Such additional donations of four hundred acres each, to be distributed by lot, and immediate possession Proviso as to alien- given: Provided, nevertheless, That no person thus obtaining possession of such donation lands shall have power to alienate the same, until he or she, or his or her heirs, shall have resided at least three years from the time of such distribution within that district, at the end of which period every such resident shall obtain a title to the reserved lot; and all lots not thus conveyed to residents shall revert to the United States.

ation of the donation lands, &c.

claims and dona

der to appertain to

chase.

After satisfying "That whenever the French and Canadian inhabitants, and tions, the remain- other settlers aforesaid, shall have been confirmed in their the general pur- possessions and titles, and the amount of the same ascertained, and the three additional parallelograms for future donations, and a tract of land one mile square, on the Mississippi, extending as far above as below Fort Chartres, and including the said fort, the buildings and improvements adjoining the same, shall be laid off, the whole remainder of the soil, within the reserved limits above described, shall be considered as appertaining to the general purchase, and shall be conveyed accordingly.

Indian claim to be extinguished.

Governor of the

to examine titles of settlers, &c.

"That measures be immediately taken to extinguish the Indian claim, if any such exists, to the land bordering on the Mississippi, from the mouth of the Ohio to a determined station on the Mississippi, that shall be sixty or eighty miles north from the mouth of the Illinois river, and extending from the Mississippi as far eastward as may be.

"That the Governor of the Western Territory be instructed Western Territory to repair to the French settlements on the Mississippi, at and above the Kaskaskies; that he examine the titles and possessions of the settlers as above described, in order to determine what quantity of land they may severally claim, which shall be laid off for them at their own expense; and that he take an account of the several heads of families living within the reserved limits, in order that he may determine the quantity of land that is to be laid off in the several parallel

ograms, which shall be laid off accordingly by the geogra pher of the United States, or his assistant, at the expense of the United States.

take certain lati

"That the geographer of the United States be instructed to The geographer to take the latitude of the mouth of the river Au Vase, and the tudes. mouth of Wood river, and of the northeast and southern angle of the tract; and that, in executing all other large surveys, he take the latitude of three or four of the chief corners." Resolved, That Congress agree to the said report.

[See Part II, Nos. 13, 616, 617, 654.]

CHAP. 28.-A supplement to an ordinance entitled "An ordinance for ascertaining the mode of disposing of lands in the Western Territory.'

Whereas it is found to be inconvenient to execute that part of the land ordinance passed May 20, 1785, which directs that certain proportions of lands be allotted to the several States, to be sold by the loan officers in each State; and whereas a sufficient quantity of lands for satisfying the bounties due to the late army was set apart by the act of Congress passed the 22d of October last, whereby further draughts for satisfying military bounties in lands from the townships lately surveyed are become unnecessary:

In Congress, 1788, July 9.

*Ante, chapter 14.

nance of May 20,

Be it ordained by the United States in Congress assem- Part of the ordibled, That so much of the said ordinance passed May 20, 1755, repealed. 1785, as ordains that certain parts of the townships therein directed to be surveyed shall be drawn for in the name of the thirteen States, respectively, according to the quotas in the last preceding requisitions, in all the States, in order that the same be sold by the said loan officers; and, also, that the Secretary of War shall take by lot from the townships, when surveyed, certain proportions of land for the use of the late army, so far as the same may respect future draughts, be, and the same are hereby, repealed.

Be it further ordained, That the Board of Treasury be, Board of Treasury to sell parts of and they hereby are, authorized and directed to sell those seven ranges, &c. parts of the seven ranges of townships surveyed in the Western Territory, which are not already sold or drawn for the use of the late army, in the same manner, on the same conditions, and under the same restrictions and limitations, as were prescribed in the resolutions of Congress of April 21, 1787, except as to the place of sale, and the daily continuance thereof, which may be so far varied that the said board may commence the sales at New York or Philadelphia, and adjourn the same from time to time to any part or parts of the United States which they may judge most proper for the purpose.

Secretary of War

Be it further ordained, That the Secretary of War issue to issue warrants warrants for bounties of land to the several officers and sol- for military boun

ties, &c.

diers of the late continental army who may be entitled to *See ante, chap. 5. such bounties, or to their respective assigns* or legal representatives, certifying therein the rank or station of each officer, and the line, regiment, corps, and company, in which the officer or soldier served.

Geographer to ap

point surveyors to

isfying military bounties, &c.

Be it further ordained, That the geographer, by warrant two tracts for sat- under his hand and seal, appoint one surveyor to each of the two tracts or districts of land set apart for satisfying the said bounties by the act of Congress of the 22d of October last; and that the persons entitled to lands by virtue of warrants issued as aforesaid shall be at liberty to locate them on any part of the two tracts of land set apart as aforesaid: Provided, That each location and survey shall be bounded on one side by one of the external boundaries of one of the tracts aforesaid, or by some prior survey therein; and the external lines of each survey shall run east and west, north and south, such parts thereof excepted as may border upon a river bounding the district, and the several surveys shall be in squares, unless where restrained by such river, or by the lines of former surveys: And provided, also, That in every location there shall be a combination of as many warrants as shall make the same at least six miles square, and no interstices shall be left between surveys less than six miles wide.

Duties of the surveyors, &c.

surveyors, &c.

Be it further ordained, That each surveyor, upon making any survey, shall protract and lay the same down in a general map, to be kept and preserved, and shall make a record of each survey in a book to be kept for that purpose, and make out and deliver a copy of the survey, certified under his hand, to the proprietor or proprietors thereof; and the surveyor shall retain in his hands all warrants by him laid out and located, until he can transmit the same to the Board of Treasury, which he shall do within one year after laying out the land, certifying thereon, under his hand, that the Compensation to same is satisfied. That the surveyors to be appointed as hereinbefore directed shall be entitled to receive, for the services enjoined them by this ordinance, so much only as shall be allowed and fixed by the Governor and judges of the Western Territory, and shall be liable to be displaced by the geographer for neglect of duty, or other misbehaviour; in which case he shall supply any vacancy so happening by a Surveyors to take new appointment. That each surveyor who may be appointed under this ordinance, before he enters upon the duties of his office, shall take an oath or affirmation that he will justly and truly execute the trust reposed in him as surveyor of a district of land in the Western Territory, according to the best of his skill and understanding, without favor or partiality; which oath or affirmation shall be taken before the Governor or either of the judges of the Western Territory, or one of the justices of the Supreme Court in any of the United States, and, being duly attested, shall be transmitted to the Secretary of Congress, to be by him filed of record. That the maps and records before mentioned shall

an oath, &c.

subject to the order

of

Congress, &c.

at all times be subject to the orders of Congress, to be re- Maps and records moved or deposited wherever they shall direct. That if any officer or soldier, or assignee or grantee of either, shall desire to have their bounty of land allotted in the townships or fractional parts thereof lately drawn for the army, by the Secretary of War, out of the first four ranges of townships surveyed west of the Ohio, and shall cause such his desire, in writing, together with his land warrant, to be deposited in the office of the Secretary of War, before the 1st of July, 1789, the said Secretary shall cause so much of the said townships Parts of townships which have been drawn for the army to be drawn for by ot lot as will satisfy the warrants so deposited, for which surveys shall be made out and delivered to the several proprietors, signed by the geographer of the United States, which surveys shall be recorded in a book by the geographer, and lodged in the Treasury Office. And whereas lands are set apart for satisfying military bounties, not only in the said districts and townships, but also within the limits of purchases made by several companies:

to be drawn for by

ers for amount o

Be it further ordained, That the persons who have pur- Credit to purchas chased tracts of the federal lands shall have credit for so land warrants demuch land as the warrants issued as aforesaid, and delivered livered, &c. by them to the Board of Treasury, cover: Provided, That in no case deductions on account of military bounties shall exceed one seventh part of the purchase.

Done, &c.

[See Part II, Nos. 13, 35, 43, 134, 136, 137.]

[NOTE. The provisions of the preceding ordinance, respecting the location of military land warrants, have never been carried into effect.

See act of June 1st,

1796, chap. 43.]

CHAP. 29.-Act of Congress concerning the location, &c. of Virginia military

bounty land.

a

In Congress, 1788, July 17.

*Repealed by act of 10th Aug. 1790,

Whereas Congress, on the 13th September, 1783, fixed chapter 33. the terms and conditions upon which they would accept cession of claims to the Western territory from the State of Virginia; and whereas the said State, on the 20th of October in the same year, agreed to the same terms and conditions, and by her act authorized her delegates in Congress to convey, transfer, and assign, to the United States, the right, title, and claim, of the said State to the lands within her charter, and northwest of the river Ohio, on the terms and conditions proposed by Congress; and the said delegates made a conveyance accordingly on the same conditions; among which conditions is the following, to wit: "That in case the good lands on the southeast side of the Ohio, upon the waters of Cumberland river, and between the Green river and Tennessee river, which have been reserved by law to the Virginia troops upon continental establishment,

Surveys before deficiency, invalid.

Executive of Virginia requested to

deficiency, &c.

should, from the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency should be made up to the said troops in good lands, to be laid off between the river Scioto and Little Miami, on the northwest side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia." And whereas it has not, in any manner, been alleged or stated to Congress that there is any such deficiency of lands on the southeast side of the Ohio, Resolved, That the State of Virginia be informed that Congress consider all locations and surveys which shall be made, by or on account of the said troops, on the said lands between the Scioto and Little Miami, before the said deficiency, if any, on the southeast side of the Ohio, shall be ascertained and stated to Congress, invalid.

Resolved, That the Executive of the State of Virginia be Inform Congress of requested to inform Congress whether there has been any deficiency of good lands reserved by the laws of that State, on the southeast side of the Ohio, for the Virginia troops upon continental establishment; and if there has been any deficiency, what is the amount; and, also, what checks have been provided by the said State to prevent the said troops taking up more lands than are actually due to them; in order that measures may immediately be taken for laying off, for the benefit of such troops, a sufficient quantity of good land between the river Scioto and Little Miami, and that Congress may be prepared to dispose of the remaining land between those rivers for the general benefit of the Union.

[See Part II, Nos. 35, 43, 90, 134, 136, 137.]

In Congress, 1788, August 28.

Variation authorized in the terms of

Morgan, &c.

CHAP. 30.-Contract with George Morgan.

On the report of a committee, consisting of Mr. Williamson, Mr. Otis, and Mr. Baldwin, to whom was recommitted a report on the memorial of George Morgan, and sundry other papers:

Resolved, That the Board of Treasury be, and they herecontract with Geo. by are, authorized, in contracting with George Morgan and his associates, or with any other person or persons, for the sale of a tract of land on the Mississippi, which is described in the act of June 20th last, to vary, in the following particulars, from the terms proposed in the said act, viz: a payment of 200,000 dollars shall be made on closing the contract, the remainder of the price to be paid in seven equal payments, the first of which shall be paid whenever the Indian title, if any such there is, shall be extinguished, and a survey of the tract returned to the Treasury Office. The other six payments to be made half-yearly, with interest from the time in which the survey is returned.