PUBLIC ACT of the U.S. CONGRESS, 1846.
United States Cession of title of its
Tennessee lands, south and west of the Congressional Reservation Line,
1846.
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An Act to surrender to the State of Tennessee all title the United States
have to lands in Tennessee, south and west of the line commonly called
the Congressional Reservation Line, and to release to said State the
proceeds of such of said lands as may have been sold by the State of
Tennesseee, as the agent of the United States.-Approved, Aug. 7.
Section I. Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the United
States hereby release and surrender to the State of Tennessee the right and
title of the United States to all lands in the State of Tennessee, lying
south and west of the Congressional Reservation Line in said State, which
may yet remain unappropriated, and further release and transfer to said
State of Tennessee the proceeds of such of said lands as may have been sold
by said State, not heretofore paid over to the United States, nor deposited
subject to the order or use of the United States, under the authority of the
act of Congress of the eighteenth February, eighteen hundred and forty-one,
entitled, "An act to amend an act, entitled; '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,' passed the eighteenth day of April, one thousand eight
hundred and six." This surrender and transfer is upon the express condition
that the State of Tennessee shall, out of the proceeds of said lands, set
apart and apply forty thousand dollars towards the establishment and support
of a college at Jackson, in the county of Madison, in the State of
Tennessee, if the proceeds of the sales of said lands shall amount to so
much; and if the aggregate amount of said sales (not paid over nor deposited
as aforesaid) shall not amount to the said sum, then whatever sum smaller
than forty thousand dollars they may amount to, in accordance with the
provisions contained in an act of the General Assembly of said State, passed
in the year eighteen hundred and thirty-eight, being chapter one hundred and
seven, section eight, and in accordance with the desire expressed by said
General Assembly, in their certain memorial to Congress, passed December
four, eighteen' hundred and forty-five:
Provided, nevertheless, that the release herein provided for to the
said State of Tennessee of said lands shall be in full satisfaction for any
and all services rendered and expenses incurred by said State, or the
authorities thereof, in the management, disposal, or administration, of said
public lands, and as agent or agents of the United States, in virtue of the
provisions of the act, entitled, "An act to amend an act, entitled, '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,' " passed the eighteenth February,
eighteen hundred and forty-one: And provided also, that all the said lands
the release of which is herein provided for, and the proceeds thereof, shall
be and remain subject to all the same claims, incumbrances, and liabilities,
in relation to "North Carolina land war rants," or other claims of North
Carolina, as this same would or could be subject to as regards the United
States, if the same were not so as aforesaid released.
Source: "The Land Laws of Tennessee" by Henry D. Whitney, ed., Chattanooga,
TN, 1891, CHAPTER 92, 1846, pp 301-303.
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