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roads to be laid out under the authority of Congress, and with the consent of the several States through which the road shall pass : Provided always, That the three foregoing propositions herein offered are on the conditions that the convention of the said State shall provide, by an ordinance irrevocable without the consent of the United States, that each and every tract of land sold by Congress after the thirtieth day of June next, shall be and remain exempt from any tax laid by order or under authority of the State, whether for State, county, township, or any other purpose whatever, for the term of five years from and after the date of sale.
We have here a definite bargain on the part of the national government, for the purpose of enabling it to more readily sell its lands, and also the beginning of the grants of salt springs and five per centum of the proceeds of the sale of the public lands within the state. Both of these grants were later applied to education by the states. The control of the school section was still left indefinite, but the next year Congress, by law, vested its control definitely in the legislature of the state, thus settling the question of control of the school system.
(U. S. Statutes at Large, II, 225.) AN ACT in addition to, and in modification of, the propositions contained in an act entitled “ An Act to enable the people of the Eastern division of the territory northwest of the river Ohio, to form a Constitution and state government, and for the admission of such state into the Union, on an equal footing with the original States, and for other purposes." Approved, March 3, 1803.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following several tracts of land in the state of Ohio, be, and the same are hereby appropriated for the use of schools in that state, and shall, together with all of the tracts of land heretofore appropriated for that purpose, be vested in the legislature of that state, in trust for use as aforesaid, and for no other use, intent or purpose whatever, that is to say:
First. (A number of quarter townships, being one thirty-sixth of the “United States military tract.")
Secondly. (A number of quarter townships in the Connecticut reserve.)
Thirdly. So much of that tract, commonly called the “Virginia military reservation,” as will amount to one thirty-sixth part of the whole.
Fourthly. One thirty-sixth part of all lands of the United States lying in the state of Ohio, to which the Indian title has not been extinguished, which may hereafter be purchased of the Indian tribes by the United States, which thirty-sixth part shall consist of the section numbered sixteen in each township, if the said lands shall be surveyed in townships of six miles square, and shall, if the lands be surveyed in a different manner, be designated by lot.
SEC. 2. (Directing the Secretary of the Treasury to pay to the State three per centum on the sale of all lands of the United States, for laying out, opening, and making roads within the state.)
SEC. 3. (Directing the Secretary of the Treasury to select lieu lands for sections sixteen, heretofore promised, but found sold.)
Sec. 4. (Granting one complete township, in the district of Cincinnati, for the purposes of establishing an academy, and vesting same in the legislature, in lieu of the one previously granted to John Cleves Symmes and associates, in the Symmes purchase, provided Symmes has not or does not within five years locate the one granted him.)
Sec. 5. (Directing that the Symmes trust be executed, but providing for his release and granting him the township in payment of $15,360.)
Extension of the Ohio Provisions. — At the same time that the above act was passed Congress extended the educational provisions of the Ohio Act to the Mississippi Territory.
[U. S. Statutes at Large, II, 229.] AN ACT regulating the granting of land, and providing for the disposal of the lands of the United States, south of the state of Tennessee. Approved, March 3, 1803.
Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That (Confirms all clear titles held from the Spanish or British governments prior to October 27, 1795. Establishes land offices, records of claims. Granting of titles. All other lands, to which Indian title has been extinguished, to be surveyed into townships.)
Sec. 12. And be it further enacted, That all the lands aforesaid, not otherwise disposed of, or excepted by virtue of the preceding sections of this act, shall, with the exception of section number sixteen, which shall be reserved in each township for the support of schools within the same, with the exception also of thirty-six sections to be located in one body by the Secretary of the Treasury for the use of Jefferson College, and also with the exception of such town lots not exceeding two in number in the town of Natchez, and of such an outlot adjoining the same, not exceeding thirty acres, as may be the property of the United States, to be located by the Governor of the Mississippi Territory, for the use of said college, be offered for sale to the highest bidder, ... under the same regulations, for the same price, and on the same terms and conditions as is provided by law, for the sale of lands of the United States, north of the river Ohio.
Tennessee. — In 1806, in settling a dispute as to the possession of lands within the state of Tennessee, Congress made an exception to the policy of not granting lands for education to the older states, and granted lands to Tennessee for two universities and for county academies, and also provided for the reservation of one section in each township for schools. The act reads:
[U. S. Statutes at Large, II, 381.) 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 state. Approved, April 18, 1806.
Be it enacted by the Senate and House of Representatives of the United States in Congress Assembled, That for the purpose of defining the limits of the vacant and unappropriated lands in the state of Tennessee, the following line be drawn. (See map.)
Sec. 2. (Recites act whereby Tennessee cedes to the United States all rights to the vacant and unappropriated lands within the state. In return the United States cedes to Tennessee "all rights, title and claim to the lands lying east and north of the line,” with full power to perfect titles), subject nevertheless to the following express conditions ; that is to say,
Secondly. That the State of Tennessee shall appropriate one hundred thousand acres, 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, passed in 1783; and shall be for the use of two colleges, one in East, and one in West Tennessee, to be established by the legislature thereof. And one hundred thousand acres in one tract within the limits last aforesaid, for the use of academies; one in each county in said state to be established by the legislature thereof; which 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.
Sec. 3. And be it further enacted, That if the territory herein before ceded to the State of Tennessee, shall not contain a sufficient quantity of land fit for cultivation, according to the true intent and meaning of the original act of cession, including the lands within the limits reserved by the State of North Carolina, to the Cherokee Indians, to perfect all existing legal claims charged 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.
The Enabling Act for Indiana, passed in 1816, follows the same lines as that for Ohio, except that the five per cent from the sales of public lands is to be used for roads and canals, two fifths without and leading to the state, and three fifths within the state. Four sections are also given for the purpose of locating the seat of government.
3. Later Types of Grants The Illinois Type. — With the admission of Illinois, in 1818, a new type for the granting of school lands, and the five per cent fund, was established, The enabling act provides :
(Poore, B. F., Federal and State Constitutions, I, 436.]
AN ACT, to enable the people of the Illinois Territory to form a constitution and a state government, and for the admission of such State into the Union on an equal footing with the original States. Approved April 18, 1818.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled; * * *
SECT. 6. And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of the said Territory of Illinois, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States and the said State:
First. That section numbered sixteen, in every township, and when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State, for the use of the inhabitants of such township, for the use of schools.
Second. That all salt-springs within such State, and the land reserved for the use of the same, shall be granted to the said State, for the use of said State, and the same to be used under such terms, and conditions, and regulations as the legislature of said State shall direct : Provided, The legislature shall never sell or lease the same for a longer period than ten years at any one time.
Third. That five per cent of the net proceeds of the lands lying within such State, and which shall be sold by Congress, from and after the first day of January, 1819, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz. : two-fifths to be disbursed, under the direction of Congress, in making roads leading to the State ; the residue to be appropriated, by the legislature of the State, for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.
Fourth. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be re