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The Land of Our Ancestors
Tennessee Law, The Early Days

COMPACT of 1806

U.S. Senate Passage of House of Representives Bill H.R. 55, 1806
From "The Library of Congress" "American Memory" Website.
"A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875, Bills and Resolutions, House of Representatives, 9th Congress, 1st Session
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Committee: Committee of the Public Lands.
March 17, 1806 ~ March 26, 1806
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Read the first and second time, and committed to the committee of the Public Lands. Report made, and referred to a committee of the whole house, on Saturday next. An Act, To authorize the state of Tennessee to issue grants, and perfect titles to certain lands therein described; and to settle the claims to the vacant and unappropriated lands within the same. Bill
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MARCH 17,1806.

Read the first and Second time, and committed to the committee on the Public Lands.

MARCH 26, 1806.

Report made, and referred to a committee of the whole house, on Saturday next.

An Act,

To authorize the state of Tennessee to issue grants, and perfect titles to certain lands therein described; and to settle the claims to the vacant and unappropriated lands within the same.

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  1      BE it enacted by the senate and house of representatives of the

  2   United States of America, in congress assembled, That for the pur-

  3   poses of defining the limits of the vacant and unappropriated lands

  4   in the state of Tennessee, hereafter to be subject to the sole and

  5   entire disposition of the United States, the following line be, and

  6   hereby is, established, to wit, beginning at the place when the

  7   eastern or main branch of Elk river shall intersect the southern

  8   boundary line of the state, of Tennessee; from thence running due

  9   north, until said line shall intersect the northern or main branch of

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10   Duck river; thence down the waters of Duck river, to the military

11   boundary line, as established by the seventh section of an act of

12   the state of North Carolina, entitled "An act set for the relief of the

13   officers and soldiers of the continental line, and for other purposes;"

14   (passed in the year me thousand seven hundred and eighty-three)

15   thence with the military boundary line, west to the place where it

16   intersects the Tennessee river; thence down the waters of the river

17   Tennessee, to the place where the same intersects the northern

18   boundary line of the state of Tennessee.

  1      Sec. 2.    And be it further enacted, That upon the senators and

  2   representatives from the state of Tennessee, by an instrument signed

  3   and sealed by them respectively, making known, that in pursuance

  4   of the power in them vested, by an, act of the general assembly of

  5   the sum of Tennessee, entitled "An act to appoint agents to settle

  6   the dilute between this state and the United States, relative to the

  7   vacant and unappropriated lands within this state, and to procure the

  8   relinquishment of the claim of the United States to the same," and by

  9   a resolution of the senate and house of representatives of the said

10   state of Tennessee, passed the year me thousand eight hundred

11   and two, as instructions therein; they do, for, and in behalf of the

12   state of Tennessee, and in consideration of the provisions made in

13   this act, agree and declare, that all right, title, and claim, which the

14   state of Tennessee hath to the lands lying west and south of the

15   line, herein before established within the limits of the state of

16   Tennessee, shall thereafter forever cease; and that the lands afore-

17   said shall be and remain at the sole and entire disposition of the

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18   United States, and shall be exempted from every disposition or tax

19   made by order, or under the authority of the state of Tennessee,

20   while the same shall remain the property of the United States, and

21   for the term of five years after the same shall be sold; which said

22   instrument shall be approved by the senate of the United States,

23   and entered at large in their journal, and deposited in the office of

24   the secretary of state. The United States do thereupon cede and

25   convey to the state of Tennessee, all right, title, and claim, which

26   the United States have to the territory of the lands lying cast and

27   north of the line herein before established, within the limits of the

28   state of Tennessee, subject to the same conditions as are contained

29   in the act of the general assembly of the state of North Carolina,

30   entitled "An act for the purpose of ceding to the United States of

31   America, certain western lands therein described." And the said

32   state of Tennessee shall thereupon have as full power and authority

33   to issue grants and perfect titles of all lands lying cast and north

34   of the before described line, within the limits of the said state, as

35   congress now have, or the state of Tennessee might have, by virtue

36   of my set of the state of North Carolina, requiring the assent of

37   congress thereto; subject nevertheless to the following express con-

38   ditions; that is to say,

39      FIRST.   That all entries of lands, rights of location, and war

40   rants of surveys, and all interfering locations, which might be re-

41   moved by the aforesaid set of cession of the state of North Caro-

42   lina, and which are good and valid in law, and which were not

43   actually located west and South of the herein before described line,

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44   before the twenty-fifth day of February, one thousand seven hun,

45   dred and ninety, shall be located, and the titles thereon perfected,

46   within the territory hereby ceded to the state of Tennessee.

47    SECONDLY.    That the state of Tennessee shall appropriate one

48   hundred thousand acres, which shall be located in one entire tract,

49   within the limits of the lands reserved to the Cherokee Indians, by

50   an act of the state of North Carolina, entitled "An act for opening

51   the land office for the redemption of specie and other certificates, and

52   discharging the arrears, due to the army," passed in the year one

53   thousand seven hundred and eighty three; and shall be for the use

54   of two colleges, me in east, and one in west Tennessee, to be

55   established by the legislature thereof. And one hundred thousand

56   acres in one tract within the limits last aforesaid, for the use of

57   academies; one in each county in said state to be established by

58   the legislature thereof; which said several tracts shall be located

59   on lands to which the Indian title has been extinguished, and sub-

60   ject to the disposition of the legislature of the state, but shall not

61   be granted or sold for less than two dollars per acre, and the pro-

62   ceeds of the sales of the lands aforesaid, shall be vested in funds

63   for the respective uses aforesaid forever. And the state of Ten-

64   nessee shall moreover in issuing grants and perfecting titles, locate

65   six hundred and forty acres, to every six miles square in the terri-

66   tory hereby ceded, where existing claims will allow the same, which

67   shall be appropriated for the use of schools for the instruction of

68   children forever. Provided, That nothing contained in this act

69   shall be construed to affect the Indian title, or to subject the United

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70   States to the expense of extinguishing the same. And provided

71   also, That the lowest price of all lands granted or sold within the

72   ceded territory shall be the same, is shall he established by Con-

73   gress for the lands of the United States. And provided further

74   That nothing herein contained, shall be construed to enable any

75   person or persons, until authorized by the legislature of the state of

76   Tennessee, to locate any warrant issued under the authority of the

77   state of North Carolina, within the limits of the lands reserved to

78   the Cherokee Indians, by the fifth section of the act of said state,

79   entitled "An act for opening the land office for the redemption of

80   specie and other certificates, and discharging the arrears due to the

81   army," passed in the year one thousand seven hundred and eighty

82   three.

  1      Sec. 3.   And be it further enacted, That if the territory herein

  2   before ceded to the state of Tennessee shall not contain a sufficient

  3   quantity of land including the lands within the limits reserved by

  4   the state of North Carolina, to the Cherokee Indians, to perfect all

  5   existing legal claims charged thereon, by the conditions contained in

  6   this act of cession, Congress will hereafter provide by law for per-

  7   fecting such as cannot be located in the territory aforesaid, out of

  8   the lands lying west or south of the before described line.

March 14th, 1806.
       Read the third time and passed the Senate.

Attest,          SAMUEL A. OTIS,   Secretary.

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