An Ordinance for ascertaining the mode of disposing of Lands in the
Western Territory.
Be it ordained by the United States in Congress assembled, that the
territory ceded by individual States to the United States, which has been
purchased of the Indian inhabitants, shall be disposed of in the following
manner:
A surveyor from each state shall be appointed by Congress, or a committee
of the States, who shall take an Oath for the faithful discharge of his
duty, before the Geographer of the United States, who is hereby empowered
and directed to administer the same; and the like oath shall be
administered to each chain carrier, by the surveyor under whom he acts.
The Geographer, under whose direction the surveyors shall act, shall
occasionally form such regulations for their conduct, as he shall deem
necessary; and shall have authority to suspend them for misconduct in
Office, and shall make report of the same to Congress, or to the Committee
of the States; and he shall make report in case of sickness, death, or
resignation of any surveyor.
The Surveyors, as they are respectively qualified, shall proceed to divide
the said territory into townships of six miles square, by lines running
due north and south, and others crossing these at right angles, as near as
may be, unless where the boundaries of the late Indian purchases may
render the same impracticable, and then they shall depart from this rule
no farther than such particular circumstances may require; and each
surveyor shall be allowed and paid at the rate of
two dollars for every mile, in length, he shall run, including the wages
of chain carriers, markers, and every other expense attending the same.
The first line, running north and south as aforesaid, shall begin on the
river Ohio, at a point that shall be found to be due north from the
western termination of a line, which has been run as the southern boundary
of the state of Pennsylvania; and the first line, running east and west,
shall begin at the same point, and shall extend throughout the whole
territory. Provided, that nothing herein shall be construed, as fixing the
western boundary of the state of Pennsylvania. The geographer shall
designate the townships, or fractional parts of townships, by numbers
progressively from south to north; always beginning each range with number
one; and the ranges shall be distinguished by their progressive numbers to
the westward. The first range, extending from the Ohio to the lake Erie,
being marked number one. The Geographer shall personally attend to the
running of the first east and west line; and shall take the latitude of
the extremes of the first north and south line, and of the mouths of the
principal rivers.
The lines shall be measured with a chain; shall be plainly marked by chaps
on the trees, and exactly described on a plat; whereon shall be noted by
the surveyor, at their proper distances, all mines, salt springs, salt
licks and mill seats, that shall come to his knowledge, and all water
courses, mountains and other remarkable and permanent things, over and
near which such lines shall pass, and also the quality of the lands.
The plats of the townships respectively, shall be marked by subdivisions
into lots of one mile square, or 640 acres, in the same direction as the
external lines, and numbered from 1 to 36; always beginning the succeeding
range of the lots with the number next to that with which the preceding
one concluded. And where, from the causes before mentioned, only a
fractional part of a township shall be surveyed, the lots, protracted
thereon, shall bear the same numbers as if the township had been entire.
And the surveyors, in running the external lines of the townships, shall,
at the interval of every mile, mark corners for the lots which are
adjacent, always designating the same in a different manner from those of
the townships.
The geographer and surveyors shall pay the utmost attention to the
variation of the magnetic needle; and shall run and note all lines
by the true meridian, certifying, with every plat, what was the variation
at the times of running the lines thereon noted.
As soon as seven ranges of townships, and fractional parts of townships,
in the direction from south to north, shall have been surveyed, the
geographer shall transmit plats thereof to the board of treasury, who
shall record the same, with the report, in well bound books to be kept for
that purpose. And the geographer shall make similar returns, from time to
time, of every seven ranges as they may be surveyed. The Secretary at War
shall have recourse thereto, and shall take by lot therefrom, a number of
townships, and fractional parts of townships, as well from those to be
sold entire as from those to be sold in lots, as will be equal to one
seventh part of the whole of such seven ranges, as nearly as may be, for
the use of the late continental army; and he shall make a similar draught,
from time to time, until a sufficient quantity is drawn to satisfy the
same, to be applied in manner hereinafter directed. The board of treasury
shall, from time to time, cause the remaining numbers, as well those to be
sold entire, as those to be sold in lots, to be drawn for, in the name of
the thirteen states respectively, according to the quotas in the last
preceding requisition on all the states; provided, that in case more land
than its proportion is allotted for sale, in any state, at any
distribution, a deduction be made therefor at the next.
The board of treasury shall transmit a copy of the original plats,
previously noting thereon, the townships, and fractional parts of
townships, which shall have fallen to the several states, by the
distribution aforesaid, to the Commissioners of the loan office of the
several states, who, after giving notice of not less than two nor more
than six months, by causing advertisements to be posted up at the court
houses, or other noted places in every county, and to be inserted in one
newspaper, published in the states of their residence respectively, shall
proceed to sell the townships, or fractional parts of townships, at public
vendue, in the following manner, viz: The township, or fractional part of
a township, N 1, in the first range, shall be sold entire; and N 2, in the
same range, by lots; and thus in alternate order through the whole of the
first range. The township, or fractional part of a township, N 1, in the
second range, shall be sold by lots; and N 2, in the same range, entire;
and so in alternate order through the whole of the second range; and the
third range shall be sold in the same manner as the first, and the fourth
in the same manner as the second, and thus alternately throughout all the
ranges; provided, that none of the lands, within the said territory, be sold under
the price of one dollar the acre, to be paid in specie, or loan office certificates,
reduced to specie value, by the scale of depreciation, or certificates of
liquidated debts of the United States, including interest, besides the
expense of the survey and other charges thereon, which are hereby rated at
thirty six dollars the township, in specie, or certificates as aforesaid,
and so in the same proportion for a fractional part of a township, or of a
lot, to be paid at the time of sales; on failure of which payment, the
said lands shall again be offered for sale.
There shall be reserved for the United States out of every township, the
four lots, being numbered 8, 11, 26, 29, and out of every fractional part
of a township, so many lots of the same numbers as shall be found thereon,
for future sale. There shall be reserved the lot N 16, of every township,
for the maintenance of public schools, within the said township; also one
third part of all gold, silver, lead and copper mines, to be sold, or
otherwise disposed of as Congress shall hereafter direct.
When any township, or fractional part of a township, shall have been sold
as aforesaid, and the money or certificates received therefor, the loan
officer shall deliver a deed in the following terms:
The United States of America, to all to whom these presents shall come,
greeting:
Know
___ , That for the consideration of
dollars, we have granted, and hereby
do grant and confirm unto
___ the
township, (or fractional part of a township,
as the case may be) numbered
___ in the
range
___ excepting therefrom, and reserving
one third part of all gold, silver, lead and copper mines within the same;
and the lots Ns 8, 11, 26, and 29, for future sale or disposition, and the
lot N 16, for the maintenance of public schools. To have to the
said
___ his
heirs and assigns for ever; (or if more than one purchaser, to the
said
___ their heirs and assigns forever
as tenants in Common.) In witness
whereof, (A. B.) Commissioner of the loan office, in the State
of
___ hath, in
conformity to the Ordinance passed by the United States in Congress
assembled, the twentieth day of May, in the year of our Lord one thousand
seven hundred and eighty five, hereunto set his hand, and affixed his
seal, this
___ day
of
___ in the year of our
Lord
___ and of the independence of the
United States of America.
And when any township, or fractional part of a township, shall be sold by
lots as aforesaid, the Commissioner of the loan office shall deliver a
deed therefor in the following form:
The United States of America, to all to whom these presents shall come,
Greeting:
Know ye, That for the consideration of
___ dollars,
we have granted, and hereby
do grant and confirm unto
___ the lot (or lots,
as the case may be, in the
township or fractional part of the township, as the case may be)
numbered
___ in the
range
___ excepting and reserving one third part of all gold,
silver, lead and copper mines within the same, for future sale or
disposition. To have to the said
___ his heirs
and assigns for ever; (or if
more than one purchaser, to the said
___ their
heirs and assigns for ever as
tenants in common.) In witness whereof, (A. B.)Commissioner of the
continental loan office in the state of
___ hath,
in conformity to the
Ordinance passed by the United States in Congress assembled, the twentieth
day of May, in the year of our Lord 1785, hereunto set his hand, and
affixed his seal, this
___ day
of
___ in the year of our
Lord
___ and of the independence
of the United States of America
Which deeds shall be recorded in proper books, by the commissioner of the
loan office, and shall be certified to have been recorded, previous to
their being delivered to the purchaser, and shall be good and valid to
convey the lands in the same described.
The commissioners of the loan offices respectively, shall transmit to the
board of treasury every three months, an account of the townships,
fractional parts of townships, and tots committed to their charge;
specifying therein the names of the persons to whom sold, and the sums of
money or certificates received for the same; and shall cause all
certificates by them received, to be struck through with a circular punch;
and they shall be duly charged in the books of the treasury, with the
amount of the moneys or certificates, distinguishing the same, by them
received as aforesaid.
If any township, or fractional part of a township or lot, remains unsold
for eighteen months after the plat shall have been received, by the
commissioners of the loan office, the same shall be returned to the board
of treasury, and shall be sold in such manner as Congress may hereafter
direct.
And whereas Congress, by their resolutions of September 16 and 18 in the
year 1776, and the 12th of August, 1780, stipulated grants of land to
certain officers and soldiers of the late continental army, and by the
resolution of the 22d September, 1780, stipulated grants of land to
certain officers in the hospital department of the late
continental army; for complying therefore with such engagements, Be it
ordained, That the secretary at war, from the returns in his office, or
such other sufficient evidence as the nature of the case may admit,
determine who are the objects of the above resolutions and engagements,
and the quantity of land to which such persons or their representatives
are respectively entitled, and cause the townships, or fractional parts of
townships, hereinbefore reserved for the use of the late continental army,
to be drawn for in such manner as he shall deem expedient to answer the
purpose of an impartial distribution. He shall, from time to time,
transmit certificates to the commissioners of the loan offices of the
different states, to the lines of which the military claimants have
respectively belonged, specifying the name and rank of the party, the
terms of his engagement and time of his service, and the division,
brigade, regiment or company to which he belonged, the quantity of land he
is entitled to, and the township, or fractional part of a township, and
range out of which his portion is to be taken.
The commissioners of the loan offices shall execute deeds for such
undivided proportions in manner and form herein before-mentioned, varying
only in such a degree as to make the same conformable to the certificate
from the Secretary at War.
Where any military claimants of bounty in lands shall not have belonged to
the line of any particular state, similar certificates shall be sent to
the board of treasury, who shall execute deeds to the parties for the
same.
The Secretary at War, from the proper returns, shall transmit to the board
of treasury, a certificate, specifying the name and rank of the several
claimants of the hospital department of the late continental army,
together with the quantity of land each claimant is entitled to, and the
township, or fractional part of a township, and range out of which his
portion is to be taken; and thereupon the board of treasury shall proceed
to execute deeds to such claimants.
The board of treasury, and the commissioners of the loan offices in the
states, shall, within 18 months, return receipts to the secretary at war,
for all deeds which have been delivered, as also all the original deeds
which remain in their hands for want of applicants, having been first
recorded; which deeds so returned, shall be preserved in the office, until
the parties or their representatives require the same.
And be it further Ordained, That three townships adjacent to lake Erie be
reserved, to be hereafter disposed of by Congress, for the use
of the officers, men, and others, refugees from Canada, and the refugees
from Nova Scotia, who are or may be entitled to grants of land under
resolutions of Congress now existing, or which may hereafter be made
respecting them, and for such other purposes as Congress may hereafter
direct.
And be it further Ordained, That the towns of Gnadenhutten, Schoenbrun and
Salem, on the Muskingum, and so much of the lands adjoining to the said
towns, with the buildings and improvements thereon, shall be reserved for
the sole use of the Christian Indians, who were formerly settled there, or
the remains of that society,1 as may, in the judgment of the Geographer,
be sufficient for them to cultivate.
Saving and reserving always, to all officers and soldiers entitled to
lands on the northwest side of the Ohio, by donation or bounty from the
commonwealth of Virginia, and to all persons claiming under them, all
rights to which they are so entitled, under the deed of cession executed
by the delegates for the state of Virginia, on the first day of March,
1784, and the act of Congress accepting the same: and to the end, that the
said rights may be fully and effectually secured, according to the true
intent and meaning of the said deed of cession and act aforesaid, Be it
Ordained, that no part of the land included between the rivers called
little Miami and Sciota, on the northwest side of the river Ohio, be sold,
or in any manner alienated, until there shall first have been laid off and
appropriated for the said Officers and Soldiers, and persons claiming
under them, the lands they are entitled to, agreeably to the said deed of
cession and act of Congress accepting the same.
Done by the United States in Congress assembled, the 20th day of May, in
the year of our Lord 1785, and of our sovereignty and independence the
ninth.
Charles Thomson, Secretary.
Richard H. Lee, President.
Journals of the Continental Congress
Volume XXVIII. 1785. January 11-June 30, pp. 375-381
USGPO, 1933, Washington D.C.