Chapter XLVII. to enable the people of the Alabama territory 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.(*a*)(*a*) *Acts relative to Alabama.*—An act to establish a separate territorial government for the eastern part
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Chap. XLVII.— An Act to enable the people of the Alabama territory 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.(*a*)(*a*) *Acts relative to Alabama.*—An act to establish a separate territorial government for the eastern part of the Mississippi territory, March 3, 1817, ch. 59. An act to alter and amend the act approved the third day of March, 1817, entitled “An act to establish a separate government for the eastern part of the Mississippi territory”, April 20, 1818, ch. 127.
An act to enable the people of the Alabama territory 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, March 2, 1819, ch. 47. An act to establish a district court in the state of Alabama, April 21, 1820, ch. 45. An act concerning the apportionment of representatives in the state of Alabama, Jan. 14, 1823, ch. 2. An act to ascertain and mark the line between the state of Alabama, and the territory of Florida, and the northern boundary of the state of Illinois, and for other purposes, March 2, 1831, ch. 86.
An act to add a part of the southern to the northern district of Alabama, March 31, 1832, ch. 58. An act to carry into effect in the states of Alabama and Mississippi the existing compacts with those states in regard to the five per cent, fund and the school reservations, July 4, 1836, ch. 355.March 2, 1819. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled*, That the inhabitants of the Resolution of Dec. 14, 1819.490The inhabitants of Alabama authorized to form a constitution and state government.territory of Alabama be, and they are hereby, authorized to form for themselves a constitution and state government, and to assume such name as they may deem proper; and that the said territory, when formed into a state, shall be admitted into the union, upon the same footing with the original states, in all respects whatever.
To be admitted into the Union. Boundaries of the state. Sec. 2. *And be it further enacted*, That the said state shall consist of all the territory included within the following boundaries, to wit: Beginning at the point where the thirty-first degree of north latitude intersects the Perdido river; thence, east, to the western boundary line of the state of Georgia; thence along said line, to the southern boundary line of the state of Tennessee; thence, west, along said boundary line, to the Tennessee river; thence, up the same, to the mouth of Bear creek; thence, by a direct line, to the north-west corner of Washington county;
Including islands within six leagues of the shore.thence, due south, to the Gulf of Mexico; thence, eastwardly, including all islands within six leagues of the shore, to the Perdido river; and thence, up the same to the beginning. The line of demarcation between Mississippi and the state to be formed, to be run and cut by the surveyors of lands south of Tennessee and of Alabama. Sec. 3. *And be it further enacted*, That it shall be the duty of the surveyor of the lands of the United States south of the state of Tennessee, and the surveyor of the public lands in the Alabama territory, to run and cut out the line of demarcation, between the state of Mississippi and the state to be formed of the Alabama territory; and if it should appear to said surveyors, that so much of said line designated in the preceding section, running due south, from the north-west corner of Washington county to the Gulf of Mexico, will encroach on the counties of Wayne, Green, or Jackson, in said state of Mississippi, then the same shall be so altered as to run in a direct line from the north-west corner of Washington county to a point on the Gulf of Mexico, ten miles east of the mouth of the river Pascagola.
Qualified voters to choose representatives to form a convention. Appointment of representatives. Sec. 4. *And be it further enacted*, That all white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said territory three months previous to the day of election, and all persons having, in other respects, the legal qualifications to vote for representatives in the General Assembly of the said territory, be, and they are hereby, authorized to choose representatives to form a constitution, who shall be appointed among the several counties as follows:
Madison.From the county of Madison, eight representatives. Monroe.From the county of Monroe, four representatives. Blount.From the county of Blount, three representatives. Limestone.From the county of Limestone, three representatives. Shelby.From the county of Shelby, two representatives. Montgomery.From the county of Montgomery, two representatives. Washington.From the county of Washington, two representatives. Tuskaloosa.From the county of Tuskaloosa, two representatives. Lawrence.From the county of Lawrence, two representatives.
Franklin.From the county of Franklin, two representatives. Cotaco.From the county of Cotaco, two representatives. Clark.From the county of Clark, two representatives. Baldwin.From the county of Baldwin, one representative. Cawhauba.From the county of Cawhauba, one representative. Conecah.From the county of Conecah, one representative. Dallas.From the county of Dallas, one representative. Marengo.From the county of Marengo, one representative. Marion.From the county of Marion, one representative.491 From the county of Mobile, one representative.Mobile.
From the county of Lauderdale, one representative.Lauderdale. From the county of St. Clair, one representative.St. Clair. From the county of Autauga, one representative.Autauga. And the election for the representatives aforesaid, shall be holden on Elections to be holden on the first Monday and Tuesday in May, 1819, &c.the first Monday and Tuesday in May next, throughout the several counties in the said territory, and shall be conducted in the same manner, and under the same regulations, as prescribed by the laws of the said territory, regulating elections therein for the members of the House of Representatives.
Sec. 5. *And be it further enacted*, That the members of the convention, Members of the convention to meet at Huntsville, on the first Monday in July, 1819, and to determine, &c.thus duly elected, be, and they are hereby, authorized to meet at the town of Huntsville, on the first Monday in July next; which convention, when met, shall first determine, by a majority of the whole number elected, whether it be, or be not, expedient at that time, to form a constitution and state government for the people within the said territory;
And if it be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and state government: *Provided,* Convention authorized to form a constitution, &c. The government to be republican and not repugnant to the ordinance of 13th July, 1787. Propositions offered to the convention. Section No. 16, in every township, for the use of schools.That the same when formed, shall be republican, and not repugnant to the principles of the ordinance of the thirteenth of July, one thousand seven hundred and eighty-seven, between the people and states of the territory north-west of the river Ohio, so far as the same has been extended to the said territory, by the articles of agreement between the United States and the state of Georgia, or of the constitution of the United States.
Sec. 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 Alabama, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. First. That the section numbered sixteen in every township, and when such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such townships for the use of schools.
Second. That all salt springs within the said territory, and the lands Salt springs and lands for working them granted to the state, for the use of the people.reserved for the use of the same, together with such other lands as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding in the whole the quantity contained in thirty-six entire sections, shall be granted to the said state, for the use of the people of the said state, the same to be used, under such terms, conditions, and regulations, as the legislature of the said state shall direct: *Provided,* The said legislature shall never sell, nor lease the same for a longer term than ten years at any one time.
Third. That five per cent, of the net proceeds of the lands lying within Five per cent, of net proceeds of land, sold after let September, 1819, to be reserved for making public roads canals, &c.the said territory, and which shall be sold by Congress, from and after the first day of September, in the year one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for making public roads, canals, and improving the navigation of rivers, of which three-fifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of Congress.
Fourth. That thirty-six sections, or one entire township, to be designated An entire township for a seminary of learning.by the Secretary of the Treasury, under the direction of the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature. And the Secretary of the To be reserved in small tracts.Treasury, under the direction as aforesaid, may reserve the seventy-two sections or two townships, hereby set apart for the support of a seminary of learning, in small tracts: *Provided,* That no tract shall consist of less than 492FIFTEENTH CONGRESS.
Sess. II. Ch. 48. 1819.Proviso: irrevocable ordinance disclaiming right to waste lands. Waste land at the sole disposal of the United States. Tracts of land sold by the United States to be exempt from taxes for five years. Lands of nonresident citizens not to be taxed higher, &c. No tax on United States’ lands.two sections: *And provided always,* That the said convention shall provide, by an ordinance irrevocable without the consent of the United States, that the people inhabiting the said territory, do agree and declare that they forever disclaim all right and title to the waste or unappropriated lands lying within the said territory; and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by the United States, after the first day of September, in the year one thousand eight hundred and nineteen, shall be and remain exempt from any tax laid by the order, or under the authority of the state, whether for state, county, township, parish, or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof; and that the lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the lands belonging to persons residing therein; and that no tax shall be imposed on lands, the property of the United States; and that all navigable waters within the said state shall forever remain public highways, free to the citizens of said state and of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said state.
Land for a seat of government, in lieu, &c. Sec. 7. *And be it further enacted*, That, in lieu of a section of land, provided to be reserved for the seat of government of the said territory, by an act, entitled “An act respecting the surveying and sale of the public lands in the Alabama territory," there be granted to the said state, for the seat of the government thereof, a tract of land containing sixteen hundred and twenty acres, and consisting of sundry fractions and a quarter section, in sections thirty-one and thirty-two, in township sixteen, Act of April 20, 1818, ch. 121, sec. 2.and range ten, and in sections five and six, in township fifteen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides of the Alabama and Cahawba rivers, and including the mouth of the river Cahawba, and which heretofore has been reserved from public sale, by order of the President of the United States.
The state entitled to one representative in Congress. Sec. 8. *And be it further enacted*, That, until the next general census shall be taken, the said state shall be entitled to one representative in the House of Representatives of the United States. Sec. 9. *And be it further enacted*, That, in case the said convention A true copy of the constitution to be transmitted to Congress, &c.shall form a constitution and state government for the people of the territory of Alabama, the said convention, as soon thereafter as may be, shall cause a true and attested copy of such constitution or frame of government as shall be formed or provided, to be transmitted to Congress, for its approbation.
Approved, March 2, 1819.