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 where 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 one 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 one 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 east 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 east 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, one 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, as shall be 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.