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On making the first payment, entries shall be permitted on so much land as that sum is equal to, at the limited price. On making the second payment, a deed shall issue for so much land as may then be paid for; and other deeds, if required, shall issue on making the several payments: Provided, That it is previously stipulated on what part the first deed shall be laid, and that every subsequent deed shall be for a regular tract, as nearly as may be of an equal width, extending from the Mississippi to the eastern boundary of the general purchase, and that the several deeds be for tracts in contact with one another. That in case of failure in any one of the payments stipulated for, the contract shall be considered as forfeited, in all the parts thereof which shall then remain to be carried into effect.

cient settlers to be

side of the ridge,

That instead of the three parallelograms to be reserved Donations to according to the act of the 20th June last, for donations to laid out on the east the ancient settlers on the west side of a certain ridge of &c. rocks, there shall be reserved an equal quantity of land, for the same use, to be laid out in three squares, on the east side of the said ridge of rocks, and as near as may be to the improvements belonging to the villages of Kaskaskies, la Prairie du Rochers, and Kahokia.

ed improvements,

That in case there are any improvements belonging to the Additional reservancient French settlers without the general reserved limits, &c. the same shall also be considered as reserved for them in. the sale now proposed to be made. (1)

CHAP. 31. On the report of a committee, consisting of Mr. Williamson, Mr. Dane, Mr. Clark, Mr. Tucker, and Mr. Baldwin, to whom was referred the report of a former committee, respecting the inhabitants of Post St. Vincent's:

In Congress,

1788, August 29.]

French and Cana

cent's, &c.

Resolved, That measures be taken for confirming in their Provision for the possessions and titles the French and Canadian inhabitants, dian inhabitants, and other settlers at Post St. Vincent's, who, on or before the &c. at Post St. Vinyear 1783 had settled there, and had professed themselves citizens of the United States, or any of them, and for laying off to them, at their own expense, the several tracts which Altered by act of February 21, 1793. they rightfully claim, and which may have been allotted to them according to the laws and usages of the Government under which they have respectively settled.

That four hundred acres of land be reserved and given to every head of a family, of the above description, settled at Post St. Vincent's.

That the Governor of the Western Territory cause to be laid out, at the public expense, in the form of a square, adjoining to the present improvements at Post St. Vincent's, and in whatever direction the settlers shall prefer, a tract of land sufficient for completing the above donations; which tract shall afterwards be divided by lot among the settlers

(1) The contemplated sale was never effected.

Instructions to the
Governor of the

who are entitled to any part of the same, in such manner as they shall agree.

On a report of the same committee, the following instructions to the Governor of the Western Territory were agreed to: SIR: You are to proceed without delay, except while you Western Territory, are necessarily detained by the treaty now on hands, to the French settlements on the river Mississippi, in order to give despatch to the several measures which are to be taken according to the acts of the 20th June last and the 28th instant, of which a copy is enclosed for your information. You are to inquire whether there be any Indians who claim the lands on the east side of the river Mississippi, above the mouth of the Ohio; and if there be any such Indians, you are immediately to take measures for holding a treaty with them, and extinguishing their claim, at least to so much of the territory as you find described in the aforesaid acts, and in the several acts of October 22, 1787, relative to lands on the Mississippi. If you find it cheapest and best to extinguish the claim of those Indians by agreeing to furnish them annually with a certain allowance in corn, or other provisions, for a term not exceeding ten years, you will contract accordingly.

When you have examined the titles and possessions of the settlers on the Mississippi, in which they are to be confirmed, and given directions for laying out the several squares, which the settlers may divide as they shall think best among themselves, by lot, you are to report the whole of your proceedings to Congress.

After you shall have despatched the several matters committed to your care on the Mississippi, you will take Post St. Vincent's on your return, where you are to pursue the measures directed to be taken by the act of this day, and report your proceedings accordingly.

In Congress,

1788, September 3.

Reference to the

20, 1785.

CHAP. 32.-Donation to the Society of the United Brethren.

On a report of a committee, consisting of Mr. Clark, Mr. Williamson, and Mr. Madison, to whom was referred a memcrial of John Etwein, of Bethlehem, president of the Brethren's Society for propagating the Gospel among the Heathen :

Whereas the United States in Congress assembled, by ordinance of May their ordinance of the 20th May, 1785, among other things, ordained that the towns of Gnadenhutten, Schoenbrun, and Salem, with lands adjoining to the said towns, be reserved for the sole use of the Christian Indians who were formerly settled there, or the remains of that society; and by an act of the 27th July, 1787, directed the Board of Treasury to except and reserve out of any contract they might make pursuant to an order of the 23d of the same month, a quantity of land around and adjoining to each of the before-mentioned towns, amounting in the whole to ten thousand acres, and

ordered the property of the said towns and reserved lands to be vested in the Moravian Brethren at Bethlehem, in Pennsylvania, or the Society of the said Brethren for civilizing the Indians and promoting Christianity, (or, as they are called, the Society of the United Brethren for propagating the Gospel among the Heathen,) in trust, and for the uses expressed in the said ordinance, including others, as mentioned in the said act of 27th July, 1787; and whereas it has been agreed that the plot of each of the towns should be estimated at 6662 acres, so that each town and the reserved land adjoining shall make a tract of four thousand acres ; and whereas the remnant of the said Christian Indians are desirous of returning to their towns as speedily as possible, and the United Brethren, to facilitate this without loss of time, have offered to advance the expenses of surveying the three tracts, on condition they be repaid, either in money or land:

vey the three tracts

Ordered, That the geographer of the United States survey, Geographer to sur or cause to be surveyed, as speedily as possible, without in- mentioned, &c. terfering with the business he is sent to execute, the three tracts of Gnadenhutten, Schoenbrun, and Salem, on the Muskingum, including the reserved land adjoining each of the said towns, and return plots thereof to the Board of Treasury, that deeds may be issued for the same as is mentioned above; and that he also survey, or cause to be surveyed, the Geographer to surintermediate spaces, if any there be, between the said three vey, &c. tracts, and return plots thereof, with an account of the expense, to the Board of Treasury; and that the said board, provided it can be done without infringing any contract they may have already made, convey the same to the said United Brethren, or the Society of the said Brethren for propagating the Gospel among the Heathen, upon their paying for the said intermediate space or spaces, when the said survey shall be returned by the geographer, at the rate at which such lands are granted to others, and also the expenses attending the surveying and plotting the said spaces, deducting the sum advanced for surveying the three tracts: Provided, That in case any of the above-mentioned lands shall fall within the supposed bounds of the million of acres reserved for the late army, that the said bounds shall be understood to extend so far to the westward as to include the million of acres, exclusive of the above-mentioned lands.

CHAP. 33.-An act to enable the officers and soldiers of the Virginia line on *See amendatory continental establishment to obtain titles to certain lands lying northwest of act of June 9, 1794, the river Ohio, between the Little Miami and Sciota.* (1)

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

(1) For other acts authorizing patents for lands, in pursuance of the Virginia military reservation, see the following: Chapters 39, 88, 89, 108, 141, 169, 216, 252, 283, 340, 388, 423, sec. 2, 461, 526.

chapter 39.

1788, repealed.

*See chapter 29.

Act of 17th July, sembled, That the act of Congress of the seventeenth of July, one thousand seven hundred and eighty-eight,* relative to certain locations and surveys made by, or on account of, the Virginia troops on continental establishment, upon lands between the Little Miami and Sciota rivers, northwest of the Ohio, be, and the same is hereby, repealed.

Lands originally assigned, insufficient.

+See appendix No. 1.

And whereas the agents for such of the troops of the State of Virginia, who served on the continental establishment in the army of the United States during the late war, have reported to the Executive of the said State that there is not a sufficiency of good land on the southeasterly side of the river Ohio, according to the act of cession from the said State to the United States, and within the limits assigned by the laws of the said State, to satisfy the said troops for the bounty lands due to them, in conformity to the said laws to the intent, therefore, that the difference between what has already been located for the said troops on the southeasterly side of Other lands as the said river, and the aggregate of what is due to the whole of the said troops, may be located on the northwesterly side of the said river, and between the Sciota and Little Miami rivers, as stipulated by the said State :

signed, &c.

to make return to

entitled to bounty lands, &c.

Secretary of War SEC. 2. Be it further enacted, That the Secretary of the the Executive of Department of War shall make return, to the Executive of Virginia, of those the State of Virginia, of the names of such of the officers, non-commissioned officers, and privates, of the line of the said State, who served in the army of the United States on the continental establishment during the late war, and who, in conformity to the laws of the said State, are entitled to bounty lands; and shall, also, in such return, state the aggregate amount, in acres, due to the said line by the laws aforesaid.

A sufficient number of acres to be

tle Miami.

SEC. 3. And be it further enacted, That it shall and may located between be lawful for the said agents to locate, to and for the use of the Sciota and Lit the said troops, between the rivers Sciota and Little Miami, such a number of acres of good land as shall, together with the number already located between the said two rivers, and the number already located on the southeasterly side of the river Ohio, be equal to the aggregate amount so to be returned as aforesaid by the Secretary of the Department of War.

Agents to enter in

a book the bounds

&c.

SEC. 4. And be it further enacted, That the said agents, of each location, as soon as may be after the locations, surveys, and allotments, are made and completed, shall enter in regular order, in a book to be by them provided for that purpose, the bounds of each location and survey between the said two rivers, annexing the name of the officer, non-commissioned officer, or private, originally entitled to each; which entries being certified by the said agents, or the majority of them, to be true tually repealed. entries, the book containing the same shall be filed in the 1794. Chap.39, post office of the Secretary of State.‡

This section vir

See act 9th June,

President to cause SEC. 5. And be it further enacted, That it shall be lawful letters patent to be for the President of the United States to cause letters patent

made out, &c.

the act of June 9,

the formalities re

quired by this pro

viso. Chap. 39,post.

to be made out, in such words and form as he shall devise and direct, granting to such person, so originally entitled to bounty lands, to his use, and to the use of his heirs or assigns, or his or their legal representative or representatives, his, her, or their heirs or assigns, the lands designated in the said entries: Provided, always,* That, before the seal of the *See the proviso in United States shall be affixed to such letters patent, the Sec. 1794, which varies retary of the Department of War shall have endorsed thereon, that the grantee therein named was originally entitled to such bounty lands, and that he has examined the bounds thereof, with the book of entries filed in the office of the Secretary of State, and finds the same truly inserted; and every such letters patent shall be countersigned by the Secretary of State, and a minute of the date thereof, and of the name of the grantee, shall be entered of record in his office, in a book to be specially provided for the purpose.

to transmit patents

Virginia, &c.

SEC. 6. And be it further enacted, That it shall be the Secretary of State duty of the Secretary of State, as soon as may be after the to the Executive of letters patent shall be so completed and entered of record, to transmit the same to the Executive of the State of Virginia, to be by them delivered to each grantee ; or, in case of his death, or that the right of the grantees shall have been legally transferred before such delivery, then to his legal rep- this section. Chap. resentative or representatives, or to one of them.

See the act of 9th varies the formali

June, 1794, which ties required by

33, post.

patents.

SEC. 7. And be it further enacted, That no fees shall be No fees for issuing charged for such letters patent and record, to the grantees, their heirs or assigns, or to his or their legal representative or representatives.

Approved, August 10, 1790.

[See Part II, Nos. 2, 35, 37, 43, 107, 108, 113, 114, 115, 116, 121, 134, 136, 137, 236, 237.]

CHAP. 34.--An act for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the Territory northwest of the Ohio, and for confirming them in their possessions. +

See section 3, act of March 26, 1804, chapter 8; and act of March 3, 1807, chapter 91.

granted to

each

400 acres of land head of a family,

in 1783.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That four hundred acres of land be given to each of those persons who, in the year one thousand seven hundred and eighty-three, were heads of families at Vincennes or in the Illinois country, on the Mississippi, and who, since that time, have removed from one of the said places to the other. And the Governor of the Territory To be laid out at northwest of the Ohio is hereby directed to cause the same expense. to be laid out for them, at their own expense,§ either at 5See act of Febru Vincennes or in the Illinois country, as they shall severally pendix No. 2. elect.

their

ary 21, 1793, ap

in 1783 entitled,

SEC. 2. And be it further enacted and declared, That Heads of families the heads of families at Vincennes or in the Illinois coun- notwithstanding try, in the year one thousand seven hundred and eighty

removal.

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