USA > Tennessee > The civil and political history of the state of Tennessee from its earliest settlement up to the year 1796 : including the boundaries of the state > Part 48
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HAYWOOD'S HISTORY OF TENNESSEE.
for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority of the House, and by a majority in the Council, shall be referred to the Governor for his assent; but no bill or legislative act what- ever shall be of any force without his assent. The Governor shall have pow- er to convene, prorogue, and dissolve the General Assembly, when, in his opinion, it shall be expedient.
The Governor, judges, Legislative Council, Secretary, and such other offi- cers as Congress shall appoint in the district shall take an oath or affirma- tion of fidelity and of office: the Governor before the President of Congress, and all other officers before the Governor. As soon as a Legislature shall be formed in the district, the Council and House assembled (in one room) shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government.
And for extending the fundamental principles of civil and religious lib- erty, which form the basis whereon these republics, their laws, and constitu- tions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said Territory; to provide also for the establishment of States and per- manent government therein, and for the admission to a share in the Federal councils, on an equal footing with the original States, at as early periods as may be consistent with the general interest-
It is hereby ordained and declared by the authority aforesaid that the following articles shall be considered as articles of compact between the original States and the people and States in the said Territory, and forever remain unalter- able, unless by common consent, to wit:
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ARTICLE I.
No person demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of worship or religious sentiments in the said Territory.
ARTICLE II.
The inhabitants of the said Territory shall always be entitled to the bene- fits of the writ of habeas corpus and of the trial by jury, of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of common law. All persons shall be bailable, unless for capital offenses where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land; and should the public exigen- cies make it necessary for the common preservation to take any person's prop- erty, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is un- derstood and declared that no law ought ever to be made or have force in the said Territory that shall in any manner whatever interfere with or affect private contracts or engagements, bonu jide and without fraud previously formed.
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APPENDIX.
ARTICLE III.
Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed toward the Indians. Their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.
ARTICLE IV.
The said Territory and the States which may be formed therein shall for- ever remain a part of this Confederacy of the United States of America, sub- ject to the Articles of Confederation and to such alterations therein as shall be constitutionally made, and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said Territory shall be subject to pay a part of the federal debts, con- tracted or to be contracted, and a proportional part of the expenses of the government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the Legislatures of the district or districts or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The Legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations that Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States, and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common high- ways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
ARTICLE V.
There shall be formed in the said Territory not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and es- tablished as follows, to wit: The western State in the said Territory shall be bounded by the Mississippi, the Ohio, and Wabash Rivers, a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada, and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the month of the great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, and the Ohio, Pennsylvania, and
HAYWOOD'S HISTORY OF TENNESSEE.
the said territorial line; provided, however, and it is further understood and declared that the boundaries of these States shall be subject so far to be al- tered that if Congress shall hereafter find it expedient they shall have au- thority to form one or two States in that part of the said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein such State shall be admitted by its dele- gates into the Congress of the United States, on an equal footing with the original States in all respects whatever; and shall be at liberty to form a per- manent Constitution and State government, provided the Constitution and government so to be formed shall be republican and in conformity to the principles contained in these articles; and so far as it can be consistent with the general interest of the confederacy such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.
ARTICLE VI.
There shall be neither slavery nor involuntary servitude in the said Ter- ritory, otherwise than in punishment of crimes, whereof the party shall have been duly convicted; provided always that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the orig- inal States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Done by the United States in Congress assembled, the thirteenth day of July, in the year of our Lord one thousand seven hundred and eighty-seven, and of their sovereignty and independence the twelfth.
WILLIAM GRAYSON, Chairman.
CHARLES THOMPSON, Secretary.
AN ACT
For the Purpose of Ceding to the United States of America Certain Western Lands Therein Described.
Whereas the United States in Congress assembled have repeatedly and earnestly recommended to the respective States in the Union, claiming or owning vacant western territory, to make cessions of part of the same, as a further means as well of hastening the extinguishment of the debts as of es- tablishing the harmony of the United States; and the inhabitants of the said western territory being also desirous that such cession should be made in order to obtain a more ample protection than they have heretofore re- ceived. Now this State being ever desirous of doing ample justice to the publie creditors, as well as the establishing the harmony of the United States, and complying with the reasonable desires of her citizens,
Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the Senators of this State in the Congress of the United States, or one of the Senators and any two of the Representatives of this State in the Congress of the United States, are here- by authorized, empowered, and required to execute a deed or deeds on the
495
APPENDIX.
part and behalf of this State, conveying to the United States of America all right, title, and claim which this State has to the sovereignty and territory of the lands situate within the chartered limits of this State, west of a line beginning on the extreme height of the Stone Mountain, at the place where the Virginia line intersects it; running thence along the extreme height of the said mountain, to the place where the Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's road crosses the same; thence along the ridge of said mountain between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain to where the Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of said mountain to the Painted Rock, on the French Broad River; thence along the highest ridge of the said mountain to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of the . said mountain to the place where it is called Unacoy or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, upon the following express conditions, and subject thereto-that is to say:
FIRST. That neither the lands nor inhabitants westward of the said mount- ain shall be estimated after the cession made by virtue of this act shall be accepted in the ascertaining of the proportion of this State with the United States in the common expense occasioned by the late war.
SECONDLY. That the lands laid off, or directed to be laid off. by any Act or Acts of the General Assembly of this State, for the officers and soldiers thereof, their heirs and assigns respectively, shall be and inure to the use and benefit of the said officers, their heirs and assigns respectively; and if the bounds of the said lands already prescribed for the officers and soldiers of the continental line of this State shall not contain a sufficient quantity of lands fit for cultivation to make good the several provisions intended by law, that such officer or soldier, or his assignee, who shall fall short of his allotment or proportion after all the lands fit for cultivation within the said bounds are appropriated, be permitted to take his quota, or such part there- of as may be deficient, in any other part of said territory intended to be ceded by virtue of this Act, not already appropriated. And where entries have been made agreeable to law, and titles under them not perfected by grant or otherwise, then, and in that case, the Governor. for the time being, shall and be is hereby required to perfect, from time to time, such titles, in such manner as if this Act had never been passed, and that all entries made by, or grants made to all and every person and persons whatsoever, agree- able to law, and within the limits hereby intended to be ceded to the United States, shall have the same force and effect as if such cession had not been made, and that all and every right of occupancy and pre-emption, and every other right reserved by any Act or Acts, to persons settled on and occupy- ing lands within the limits of the lands hereby intended to be ceded as aforesaid, shall continue to be in full force in the same manner as if the ces- sion had not been made, and as conditions upon which the said lands are ceded to the United States. And further, it shall be understood that if any
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4 496
HAYWOOD'S HISTORY OF TENNESSEE.
person or persons shall have by virtue of the Act, entitled, "An Act for Open- ing the Land Office, for the Redemption of Specie and Other Certificates, and Discharging the Arrears Due the Army," passed in the year one thousand seven hundred and eighty-three, made his or their entry in the office usu- ally called John Armstrong's office, and located the same to any spot or piece of ground on which any other person or persons shall have previously located any entry or entries, that then and in that case, the person or per- sons having made such entry of entries, or their assignee or assignees shall have leave and be at full liberty to remove the location of such entry or en- tries to any lands on which no entry has been specially located, or any va- cant lands included within the limits of the lands hereby intended to be ceded; provided, that nothing herein contained shall extend or be construed to extend to the making good any entry or entries, or any grant or grants heretofore declared void by any Act or Acts of the General Assembly of this State.
THIRDLY. That all the lands intended to be ceded by virtue of this Act to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and benefit of the United States of America, North Carolina inclusive, according to their respective and usual proportion in the general charge and expenditure, and shall be faith- fully disposed of for that purpose, and for no other use or purpose whatever.
FOURTHLY. That the territory so ceded shall be laid out and formed into a State or States, containing a suitable extent of territory, the inhabitants of which shall enjoy all the privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the western territory of the United States; that is to say, whenever the Congress of the United States shall cause to be officially transmitted to the executive authority of this State an authenticated copy of the Act to be passed by the Congress of the United States, accepting the cession of territory made by virtue of this Act, under the express conditions hereby specified, the said Congress shall at the same time assume the government of the said ceded territory, which they shall execute in a manner similar to that which they support in the territory west of the Ohio, shall protect the inhabitants against enemies, and shall never bar or deprive them or any of them of privileges which the peo- ple west of the Ohio enjoy; provided, always, that no regulations made or to be made by Congress shall tend to emancipate slaves.
FIFTHILY. That the inhabitants of the said ceded territory shall be liable to pay such sums of money as may, from taking their census, be their just pro- portion of the debt of the United States, and the arrears of the requisitions of Congress on this State.
SIXTHLY. That all persons indebted to this State, residing in the territory in- tended to be ceded by virtue of this Act, shall be held and deemed liable to pay such debt or debts in the same manner and under the same penalty or penalties as if this Act had never been passed.
SEVENTHLY. That if the Congress of the United States do not accept the cession hereby intended to be made, in due form, and give official notice thereof to the executive of this State within eighteen months from the pass- ing of this Act, then this Act shall be of no force or effect whatever.
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APPENDIX.
EIGHTHLY. That the laws in force and use in the State of North Carolina at the time of passing this Act shall be and continue in full force within the territory hereby ceded, until the same shall be repealed or otherwise altered by the legislative authority of the said territory.
NINTIILY. That the lands of non-resident proprietors within the said ceded territory shall not be taxed higher than the lands of residents.
TENTHLY. That this Act shall not prevent the people now residing south of the French Broad between the rivers Tennessee and Pigeon from entering their pre-emptions on that tract should an office be opened for that purpose under an Act of the present General Assembly.
And be it further enacted by the authority aforesaid, that the sovereignty and jurisdiction of this State, in and over the territory aforesaid, and all and ev- ery of the inhabitants thereof, shall be and remain the same in all respects, until the Congress of the United States shall accept the cession to be made by virtue of this Act, as if the Act had never passed.
REPORT
Of the Committee of the Legislature of North Carolina, on Walker's Line at Their Session at Fayetteville, Which Began on the 2d of November and Ended on the 22d of December, 1789.
Mr. Person, from the committee to whom was referred the letter from his Excellency, the Governor of Virginia, on the subject of establishing the `boundaries between this State and Virginia, reported that it is proposed on the part of Virginia that the line commonly called Walker's line be estab- lished as the boundary between us. Should this proposal not be acceptable to this State, they then will appoint commissioners to meet any persons who may be appointed on the part of North Carolina, empowered to confer on the propriety of establishing Walker's or Henderson's line, and to report to the Legislatures of their respective States their proceedings.
On examining the manner in which those lines were run by the commis- sioners in the year 1780, they find that the commissioners began and extended the line together about forty miles, when some difference took place, and the commissioners on the part of this State run a parallel line two miles north of the other line, for about half the distance, and extended the line no far- ther. Mr. Walker and the other commissioners from Virginia extended the line to the Tennessee River, and marked its termination on the Mississippi by observations, leaving the line from the Tennessee to that place unsur- veyed.
As the difference between said lines would only be two miles, running most of the distance through a mountainous, barren country, and as they have great reason to believe, from the information of General Smith, that the commonly called Walker's line is the true line, your committee are of the opinion that the object is not worth the expense of sending commissioners to confer on the propriety of establishing Henderson's line in preference to that of any other, and do recommend that a law be passed confirming and estab- lishing the line usually called Walker's line as the boundary between this
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498
HAYWOOD'S HISTORY OF TENNESSEE.
State and the State of Virginia, with a reservation in favor of the oldest grants from either State in deciding the rights of individual claimants in the tract of country between the two lines commonly called Henderson's and Walker's lines.
All which is submitted. THOMAS PERSON, Chairman. The House, taking the report into consideration, concurred therewith.
REPORT.
STATE OF NORTH CAROLINA, IN THE HOUSE OF COMMONS, December 11, 1790. ]
The committee to whom the letter from the Governor of Virginia on the boundary line between this and the State of Virginia was referred report that it is the opinon of your committee that the boundary line between the States of North Carolina and Virginia be confirmed agreeable to a report of a committee, concurred with by both Houses last session of Assembly, and that a law be passed confirming the line commonly called Walker's line as the boundary between the States of North Carolina and Virginia, reserving the right of the oldest patents, grants, or entries made in either of the States.
All of which is submitted. THOMAS PERSON, Chairman.
In House of Commons, 11th December, 1790.
Read and concurred with. S. CABARRUS, S. H. C.
In Senate, 11th December, 1790.
Read and concurred with. WILLIAM LENOIR, S. S.
AN ACT
Of the Legislature of Virginia Relative to Walker's Line, Passed the 7th of Decem- ber, 1791.
Whereas official information has been received by the General Assembly that the Legislature of the State of North Carolina have resolved to establish the line commonly called Walker's line as the boundary between North Car- olina and this Commonwealth, and it is judged expedient to confirm and es- tablish the said line on the part of this State;
Be it therefore enacted by the General Assembly that the line commonly called and known by the name of Walker's line shall be, and the same is hereby declared to be, the boundary line of this State.
And be it further enacted that in all courts of laws and equity within this Commonwealth, the claims for lands lying between the line commonly called Walker's line and the line commonly called Henderson's line shall be de- cided in favor of the eldest title, whether derived from this Commonwealth or from the State of North Carolina.
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APPENDIX.
CONVENTION
Entered into by the Commissioners of the States of Tennessee and Kentucky, Con- cerning the Boundary Line between the Same, on the 2d Day of February, 1820.
The States of Kentucky and Tennessee, desirous of terminating the contro- versy which has so long subsisted between said States in relation to their common boundary, and of restoring the most perfect good understanding and harmony between them, have for that purpose appointed their respect- ive commissioners-that is to say, the State of Kentucky on her part has appointed John J. Crittenden and Robert Trimble, and the State of Tennes- see on her part has appointed Felix Grundy and William L. Brown, who, after a reciprocal communication of their respective powers, have agreed upon the following articles and stipulations:
ARTICLE I.
The line of boundary and separation between the States of Kentucky and Tennessee shall be as follows, to wit: The line run by the Virginia commis- sioners in the years 1779 and 1780, commonly called Walker's line, as the same is reputed, understood, and acted upon by the said State, their respect- ive officers and citizens, from the south-eastern corner of Kentucky to the Tennessee River; thence with and up said river to the point where the line of Alexander and Munsell, run by them in the last year under the authority of an act of the Legislature of Kentucky, entitled an "Act to Run the Bound- ary Line between This State and the State of Tennessee West of the Tennes- see River," approved February 8, 1819, would cross said river; and thence with the said line of Alexander and Munsell to the termination thereof on the Mississippi River, below New Madrid.
ARTICLE II.
It is agreed and understood that from the point where Walker's line strikes the Tennessee River to the point where the line of Alexander and Munsell would cross the same the said Tennessee River shall be the com- mon boundary of said States, and subject to their common use and concur- rent jurisdiction. Any island or islands in that part of the river Tennessee which forms the common boundary between the two States shall be within the exclusive jurisdiction of Kentucky; but any appropriations thereof by individuals heretofore made under the laws of North Carolina or Tennessee shall be valid.
ARTICLE III.
Whenever the Governor of either State shall deem it expedient to have the boundary line between the two States which is east of the Tennessee River, or any part thereof, run and plainly marked, he shall cause a notification thereof to be communicated to the Governor of the other State; and there- upon, with all convenient dispatch, two surveyors shall be appointed for that purpose -- one by the Governor of each State; and the surveyors so ap- pointed shall have power to employ a competent number of chain-carriers and assistants; and they shall ascertain, survey, and mark said line plainly and durably, having due respect to the provisions of the first article hereof;
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