3 March 18432. 5 Stat. 610.

When circuit

judge may hold district courts.

18 April 1806 3 1. 2 Stat. 381.

lands defined.

Division line.

24. In case of the non-attendance from any cause of the district judge at either of the courts in either of the districts in the state of Tennessee, required or authorized to be held by him, the circuit judge whose circuit includes said districts may hold the same; and in addition to the jurisdiction now conferred on him, shall have and exercise the same jurisdiction and powers now conferred on said district judge.

IV. LANDS.

25. For the purpose of defining the limits of the vacant and unappropriated lands in the state of Tennessee, hereafter to be subject to the sole and entire disposition of the Limits of vacant United States, the following line be and hereby is established, to wit: beginning at the place where the eastern or main branch of Elk river shall intersect the southern boundary line of the state of Tennessee; from thence running due north, until said line shall intersect the northern or main branch of Duck river; thence down the waters of Duck river, to the military boundary line, as established by the seventh section of an act of the state of North Carolina, entitled "An act for the relief of the officers and soldiers of the continental line, and for other purposes," (passed in the year 1783 ;) thence with the military boundary line, west to the place where it intersects the Tennessee river; thence down the waters of the river Tennessee, to the place where the same intersects the northern boundary line of the state of Tennessee.

Ibid. 2.

west of the line

to the United States.

26. Upon the senators and representatives from the state of Tennessee, by an instruLands south and ment signed and sealed by them respectively, making known, that in pursuance of the to be relinquished power in them vested, by an act of the general assembly of the state of Tennessee, entitled "An act to appoint agents to settle the dispute between this state and the United States, relative to the vacant and unappropriated lands within this state, and to procure the relinquishment of the claim of the United States to the same,” and by a resolution of the senate and house of representatives of the said state of Tennessee, passed in the year 1802, as instructions therein; they do, for and in behalf of the state of Tennessee, and in consideration of the provisions made in this act, agree and declare, that all right, title and claim which the state of Tennessee hath to the lands lying west and south of the line, herein before established within the limits of the state of Tennessee, shall thereafter for ever cease; and that the lands aforesaid shall be and remain at the sole and entire disposition of the United States, and shall be exempted from every disposition or tax made by order or under the authority of the state of Tennessee, while the same shall remain the property of the United States, and for the term of five years after the same shall be sold; which said instrument shall be approved by the senate of the United States, and entered at large in their journal, and deposited in the office of the Lands north and secretary of state. The United States do thereupon cede and convey to the state of Tennessee, all right, title and claim which the United States have to the territory of the lands lying east and north of the line herein before established within the limits of the state of Tennessee, subject to the same conditions as are contained in the act of the general assembly of the state of North Carolina, entitled "An act for the purpose of ceding to the United States of America, certain western lands therein described." And the said state of Tennessee shall thereupon have as full power and authority to issue grants and perfect titles of all lands lying east and north of the before described line, within the limits of the said state, as congress now have, or the state of Tennessee might have, by virtue of an act of the state of North Carolina, entitled "An act to authorize the state of Tennessee to perfect titles to lands reserved to this state by the cession act;" to which said act the assent of congress is hereby given, so far as is necessary to carry into effect the objects of this compact, subject nevertheless to the following express conditions: that is to say,

east of the line

ceded to Ten

nessee.

State may issue grants, &c.

Conditions.

Titles under act of cession to be perfected.

State to appro

schools.

27. I. That all entries of lands, rights of location, and warrants of surveys, and all interfering locations, which might be removed by the aforesaid act of cession of the state of North Carolina, and which are good and valid in law, and which were not actually located west and south of the herein before described line, before the 25th day of Febru ary 1790, and all interfering grants which are good and valid in law, and which have been located east and north of the said line, shall be located, and the titles thereto perfected, within the territory hereby ceded to the state of Tennessee.(a)

28. II. That the state of Tennessee shall appropriate one hundred thousand acres, priate lands for which shall be located in one entire tract, within the limits of the lands reserved to the Cherokee Indians, by an act of the state of North Carolina, entitled "An act for opening the land office for the redemption of specie and other certificates, and discharging the arrears due to the army," passed in the year 1783; and shall be for the use of two colleges, one in East, and one in West Tennessee, to be established by the legislature

(a) After the cession of land by North Carolina to the United States, the former had no right to grant those lands to any other grantee who had not an incipient title before the cession. Polk's Lessee v. Wendal, 9 Cr. S7. By the act of cession, and that of 1803

ceding to Tennessee the right to issue grants, the state of North Carolina has parted with her right to issue grants for lands within the state of Tennessee, upon entries made bere the cession. Burton's Lessee v. Williams, 3 Wh. 529.

thereof. And one hundred thousand acres in one tract within the limits last aforesaid, 18 April 1806. for the use of academies; one in each county in said state to be established by the legislature thereof; which said several tracts shall be located on lands to which the Indian title has been extinguished, and subject to the disposition of the legislature of the state, but shall not be granted or sold for less than two dollars per acre, and the proceeds of the sales of the lands aforesaid, shall be vested in funds for the respective uses aforesaid, for ever. And the state of Tennessee shall moreover, in issuing grants and perfecting titles, locate six hundred and forty acres to every six miles square in the territory hereby ceded, where existing claims will allow the same, which shall be appropriated for the use of schools for the instruction of children for ever: Provided, That nothing contained · in this act shall be construed to affect the Indian title, or to subject the United States to the expense of extinguishing the same: [And provided also, (a) that the lowest price of all lands granted or sold within the ceded territory, shall be the same as shall be established by congress for the lands of the United States:] And provided nevertheless, that Pre-emption rights secured. the people residing in said state south of French Broad and Holston, and west of Big Pigeon rivers, provided for by the constitution of the state of Tennessee, shall be secured in their respective rights of occupancy and pre-emption, and shall receive titles for such quantities as they may respectively claim, including their improvements, not exceeding six hundred and forty acres each, nor exceeding the quantities they have heretofore claimed respectively, according to their conditional lines, where such have been established, at a price not less than one dollar per acre: And provided further, that nothing North Carolina herein contained shall be construed to enable any person or persons, until authorized by be located on the legislature of the state of Tennessee, to locate any warrant issued under the authority Cherokee lands. of the state of North Carolina, within the limits of the lands reserved to the Cherokee Indians, by the fifth section of the act of said state, entitled "An act for opening the land office for the redemption of specie and other certificates, and discharging the arrears due to the army," passed in the year 1783.

warrants not to

lands to make

29. If the territory herein before ceded to the state of Tennessee, shall not contain a Ibid. 3. sufficient quantity of land fit for cultivation, according to the true intent and meaning Provision for of the original act of cession, including the lands within the limits reserved by the state grant of other of North Carolina to the Cherokee Indians, to perfect all existing legal claims charged good deficiencies, thereon by the conditions contained in this act of cession, congress will hereafter provide by law for perfecting such as cannot be located in the territory aforesaid, out of the lands lying west or south of the before described line.

3 Stat. 416.

issue grants to Carolina titles,

30. It shall be lawful for the state of Tennessee to issue grants and perfect titles on 4 April 1818 & 1. all special entries and locations of lands in the said state, made pursuant to the laws of North Carolina, before the 25th day of February, in the year 1790, which were good Tennessee may and valid in law, and recognised by the act of the said state of North Carolina, com- perfect North monly called the cession act, passed the day of December 1789, and which lie south and west of west and south of the line described in the act to which this is supplementary; and also the division line. to issue grants and perfect titles on all warrants of survey, interfering entries and locations, which might be removed by the cession act of North Carolina aforesaid, and which are good and valid in law, and which have not been actually located or granted, east and north of the aforesaid line. And all interfering grants which are good and valid in law, or the warrants or certificates legally issued, in consequence of such interference, on land lying south and west of the said line, in the manner and under the same or similar rules, regulations and restrictions as are prescribed by the laws now in force in the said state of Tennessee, for issuing grants and perfecting titles on claims of a like nature for lands lying north and east of the said line.

Ibid. § 2.

Evidence to be

laid before com

missioner of land

31. Previous to issuing a grant or perfecting a title on any of the claims herein before described, the warrant, or other legal evidence of such claim, shall be laid before the commissioner of land claims for West Tennessee, for the time being, appointed by the authority of the said state, and approved by him as valid upon sufficient legal evidence claims, and by being adduced of such validity, according to the rules and regulations prescribed by the him approved. laws of the said state now in force, for deciding on warrants and other land claims of the like nature, authorized to be perfected into grants, north and west of the aforesaid line. And upon such warrant or other legal evidence of any of the claims aforesaid, Land to be sur being declared valid by said commissioner, it shall be lawful for the surveyor of the proper district or county to lay off and survey the same, in the manner prescribed by the laws of the said state in similar cases, and return such survey to the register of the land office of West Tennessee, who shall thereupon be authorized to make out a grant thereon, to be executed by the governor, and countersigned by the secretary of the said state, in the manner provided by the laws of the same: Provided, That no surveys shall be made,

veyed.

(a) This proviso is repealed by act 28 February 1823, and the state is authorized to fix the price of the lands. 3 Stat. 729.

4 April 1818. grants issued, or titles perfected by virtue of this act, for any land to which the Indian claim has not been previously extinguished.

Ibid. 3. Holders of grants

from North Carolina since 1811,

may surrender

and obtain new

grants from TenDessee.

18 Feb. 1841 1. 5 Stat. 412.

Tennessee con

stituted the agent of the government.

To satisfy North

32. Those persons who have had surveys made, and obtained grants from the state of North Carolina, since the 23d day of December, in the year of our Lord 1811, for lands lying within the state of Tennessee, shall, upon surrendering such grants to the said commissioner of land claims for West Tennessee, for the time being, to be cancelled and vacated, be allowed to produce the entries, warrants or other evidences of claims, upon which such grants were founded; and if the said claims shall be deemed good and valid by the said commissioner, then it shall be lawful for the state of Tennessee to issue grants and perfect titles on such claims in the same manner as if no such grants had been issued by the state of North Carolina.

33. That the state of Tennessee be and hereby is constituted the agent of the govern ment of the United States, with full power and authority to sell and dispose of the vacant, unappropriated and refuse lands, within the limits of said state, lying south and west of the line commonly called the congressional reservation line, and described in the act to which this is an amendment; subject, nevertheless, to the following conditions and limitations, to wit:

34. I. The state of Tennessee shall satisfy all legal and bonâ fide claims of North CaroCarolina claims. lina upon said lands, by making provision, by law, that the holders of land warrants under the authority of the state of North Carolina may locate the same upon the lands not previously located upon, or claimed as occupant pre-emptions, within one year from the time that the state of Tennessee shall make provision for carrying this act into effect; and in default of such location within the said term of one year, the said warrants may be satisfied by the payment of twelve and a half cents per acre for the number of acres contained in each warrant, to be paid out of the proceeds of the sale of said land: Provided, The holders shall present such warrant to the proper authorities for payment of the same within two years from the action of the legislature of the state of Tennessee hereon: And provided furthermore, That if the said warrants shall not be satisfied, either by the location of land within one year, or their presentation for payment within two years as aforesaid, the holders shall be for ever barred of all further claim or right to demand the same.

Pre-emptioners

How residue to be disposed of.

35. II. In entering, purchasing and disposing of said lands, or obtaining grants of and occupants to the same, all and every person or persons, the legal representative of such person or have preference. persons, and the rightful assignee of such person or persons, as are entitled to the right of occupancy and pre-emption according to the laws of the state of Tennessee, shall have the preference in the entry or purchase of their occupant and pre-emption rights, at the price of twelve and a half cents per acre, not exceeding two hundred acres each. 36. III. After satisfying the claims and rights aforesaid, the state of Tennessee shall offer for sale the rest and residue of said lands, in such manner, in such quantities, and by such description, as may be most convenient; and, for the full term of three years from and after the time herein allowed for the location of North Carolina land warrants, may sell and dispose of, and perfect titles to the same, at a price not less than twelve and a half cents per acre. And so much of the said land as may remain unsold at the expiration of the said term of three years, shall be disposed of as aforesaid, within the further term of three years, at such price per acre as it may bring in open market: Provided, That the proceeds of the sale of said lands, over and above so much thereof as shall be necessary to the satisfaction of said North Carolina claims, shall be accounted for and paid over by the state of Tennessee to the United States in the month of January annually.

28 Sept. 1850 3 11. 9 Stat. 510.

of delivery.

V. COLLECTION DISTRICTS.

37. The town of Memphis, in the state of Tennessee, shall be a port of delivery, and shall be subject to the same regulations and restrictions as other ports of delivery in the Memphis, a port United States. And there shall be appointed a surveyor of the customs, to reside at the said port, who shall, in addition to his own duties, also perform the duties and receive the salary and emolument of surveyors prescribed by the act of congress passed on the 2d of March 1831, providing for the payment of duties on imported goods at certain ports therein mentioned, the same being entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, NashAnnexed to the ville and Natchez, to be received and paid at those places." And the said town of Memphis and the said port of delivery be and the same is hereby annexed to and made part of the collection district of New Orleans; and all the privileges and facilities afforded to Pittsburgh and Wheeling, and Cincinnati, &c., by the act of congress of 2d March 1831, be and the same are hereby extended to said port of Memphis.

district of New Orleans.

81 Aug. 1852 82.

10 Stat. 144.

38. Burlington, in the state of Iowa, Galena, Illinois, and Knoxville, in the state of Tennessee, shall be ports of delivery, and shall be subject to the same regulations and

restrictions as other ports of delivery in the United States. And there shall be appointed 31 August 1852. a surveyor of the customs to reside at each of said ports, who shall, in addition to his Knoxville. own duties, also perform the duties and receive the salary and emoluments of surveyors prescribed by the act of congress passed on the 2d day of March 1831, providing for the payment of duties on imported goods at certain ports therein mentioned, the same being entitled "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and pail at those places." And said Burlington, Galena and Knoxville, and the said ports of delivery, be and the same are hereby annexed to and made part of the collection district of New Orleans; and all the privileges and facilities afforded to Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, by the act of congress last aforesaid, be and the same are hereby extended to said ports of Burlington, Galena and Knoxville.

10 Stat. 686.

39. That Columbus, in the state of Mississippi, and within the collection district of 3 March 1855 ? 1. Mobile; Chattanooga, in the state of Tennessee; and Hickman, in the state of Kentucky, and within the collection district of Mississippi, be and hereby are declared to be ports Chattanooga. of delivery within their respective collection districts. And there shall be appointed a surveyor of customs, to reside at each of said ports, who shall perform the duties and receive the compensation and emoluments prescribed in the act of congress, approved March the 2d 1831, being "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places:" Provided, That whenever the amount of duties paid at any one of said ports shall be less than the sum of ten thousand dollars per year, the secretary of the treasury shall discontinue such port of delivery.

2 Stat. 338.

to have circuit

1. The superior courts of the several territories of the United States, in which a dis- 3 March 1805 2 1. trict court has not been established by law, shall, in all cases in which the United States are concerned, have and exercise, within their respective territories, the same jurisdiction Superior courts and powers which are by law given to or may be exercised by the district court of Ken- court powers. tucky district; (a) and writs of error and appeals shall lie from decisions therein to the Appeals. supreme court, for the same causes, and under the same regulations, as from the said district court of Kentucky district.

2 Stat. 407.

tended to the

2. That the provisions of the act entitled "An act for providing compensation for the 18 April 1806 2 1. marshals, clerks, attorneys, jurors and witnesses, in the courts of the United States, and to repeal certain parts of the acts therein mentioned, and for other purposes," passed Act of 1792 exFebruary the 28th 1799, (b) be and the same hereby are extended to the territories of the territories. United States, so far as the said act may relate to the provisions of the act entitled “ An act to extend jurisdiction in certain cases to the territorial courts," passed March the 3d 1805; excepting that the clerks of the said territorial courts shall not receive the additional five dollars per day, allowed to the clerks of the circuit and district courts by the third section of the act first above mentioned.

3. In all cases in which judgment or decrees have been rendered in the said superior 22 Feb. 1847 ? 3. courts or court of appeals of the late territory of Florida, (c) and from which writs of

(a) The act 24 September 1789 10. provided that the district court in Kentucky district should, besides the jurisdiction therein given, have jurisdiction of all other causes, except appeals and writs of error, therein made cognisable in a circuit court; and should proceed therein in the same manner as a circuit court; and that writs of error and appeals should lie, from decisions therein, to the supreme court, under the same regulations. 1 Stat. 77.

(b) 1 Stat. 624. But see now, the general fee-bill of 1833, which by act 3 March 1855 12, was extended to the territories of Minnesota, New Mexico and Utah. Tit. "Fees," 29.

9 Stat. 129.

(c) By act 22 February 1848 3 2, all and singular the provisions of this act, so far as may be, are made applicable to all cases which may be pending in the supreme or other superior court of and for any territory of the United States, which may hereafter be admitted as a state into the Union, at the time of its admission; and to all cases in which judgments or decrees shall have been rendered in such supreme or superior court, at the time of such admission, and not previously removed by writ of error or appeal. 9 Stat. 211. See Benner v. Porter, 9 How. 235.

22 Feb. 1847.

error from the

territorial courts,

error have been sued out or appeals have been taken to the supreme court of the United Cases pending in States, the said supreme court shall be, and is hereby, authorized to hear and determine the same, and the mandates of the said supreme court for the execution of the judgments or decrees so to be rendered by them, and all other writs which may be necessary in the exercise of the appellate jurisdiction of the said court in such cases, shall be directed to the district court of the United States for the district of Florida, and the said district court shall cause the same to be duly executed and obeyed.

at the time of ad

mission into the Union, to be proceeded with.

Ibid. 25.

Parties may take writs of error or appeals, within one year.

Ibid. 28.

Pending causes to

district courts,

able by the supreme court.

4. In all cases not legally transferred to the state courts in which judgments or decrees have been rendered in the superior courts or court of appeals of the late territory of Florida from which writs of error could have been sued out or appeals could have been taken to the court of appeals of said territory, or to the supreme court of the United States under the laws which were in force on the third day of March, in the year of our Lord 1845, and in which writs of error have not hitherto been sued out or appeals have not hitherto been taken, there shall be allowed to the parties in the said cases the term of one year, from and after the passing of this act, for suing out such writs of error or taking such appeals to the supreme court of the United States, which shall have jurisdiction to review the same

5. In all cases pending in any of the superior courts of said territory of Florida, or in the court of appeals of said territory, on the third day of March 1845, and not legally be transferred to transferred to the state courts of the state of Florida, and which said territorial courts and to be review- continued to hold cognisance of, and proceeded to determine after said day, or which are claimed to have been since pending therein as courts of the United States; and in all cases of federal character, and jurisdiction commenced in said territorial courts after said day, and in which judgments or decrees were rendered, or which are claimed to have been since pending therein, the records and proceedings thereof, and the judgments or decrees therein are hereby transferred to the district court of the United States for the district of Florida; and writs of error and appeals may be taken by either party to remove the judgments or decrees that have been, or may be, rendered in such cases unto the supreme court of the United States, and the supreme court may hear and decide such cases on such writ of error or appeal, and issue its mandate to said district court: Provided however, Such writ of error or appeal shall be taken within one year from the passage of this act, or one year from the rendition of such judgment or decree hereafter rendered: And provided also, That nothing in this act shall be construed as affirming or disaffirming the jurisdiction, power, or authority of the territorial judges to proceed in, or try, or determine such cases after the third of March 1845, but the same may be referred to said supreme court for its decision in all said cases on such writ of error or appeal.

16 Aug. 1856 11 Stat. 49.

5.

of holding courts,

6. The judges of the supreme court in each of the territories, or a majority of them, shall, when assembled at their respective seats of government, fix and appoint the several Judges to fix times and places of holding the several courts in their respective districts, and limit the times and places, duration of the terms thereof: Provided, That the said courts shall not be held at more than three places in any one territory: And provided further, That the judge or judges holding such courts shall adjourn the same, without day, at any time before the expiration of such terms, whenever in his or their opinion the further continuance thereof is not necessary.

&c.

Ibid. & 10.

7. It shall be the duty of each of the judges of the supreme court of the respective To appoint clerks. territories of the United States to designate and appoint one person as clerk of the

3 March 18171. 3 Stat. 363.

to congress.

district over which he presides, where one is not already appointed, and to designate and retain but one such clerk where more than one is already appointed; and only such district clerks shall be entitled to a comer sation from the United States except for fees taxable to the United States.

II. MISCELLANEOUS PROVISIONS.

8. In every territory of the United States, in which a temporary government has been or hereafter shall be established, and which by virtue of the ordinance of congress of To send delegates the 13th of July 1787, or of any subsequent act of congress, passed or to be passed, now hath or hereafter shall have the right to send a delegate to congress, such delegate shall To have right of be elected every second year, for the same term of two years for which members of the house of representatives of the United States are elected; and in that house each of the said delegates shall have a seat with a right of debating, but not of voting.

debating but not of voting.

29 Aug. 1842 ? 2. 5 Stat. 541.

Accounts of ter

9. All accounts for disbursements in the territories of the United States, of money appropriated by congress for the support of government therein, shall be settled and ritorial disburse adjusted at the treasury department. And no act, resolution or order, of the legislature ments to be ad- of any territory, directing the expenditure of the sum, shall be deemed a sufficient justed at the treasury. authority for such disbursement, but sufficient vouchers and proof for the same shall be