RESOLUTIONS appointing commissioners to report on the claims of the first purchasers of Lots in Cahawba, in 1819, to the next General Assembly, and for other purposes.

1. Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Andrew Pickens, Nimrod E. Benson, George Weissinger, and George Phillips, or a majority of them, be appointed commissioners to view and report to the next General Assembly the damages which the lot holders, who bought at the first sale of lots in the town of Cahawba, have sustained in the diminished value of their property, by the removal of the seat of government from said town: Provided, the commissioners shall, before they enter on the duties assigned them, take an oath to discharge the duties hereby imposed, to the best of their judgment: Provided also, that said commissioners shall receive no pay for said services out of the treasury of this state.

Sec. 2. And be it further resolved, That the commissioners appointed by the first resolution, inquire into and report to the next General Assembly on what terms the holders of lots,


115

bought at the first sale, were purchased; the lots by them relinquished, and applied to complete the payment of lots retained by them on the original purchase at the first sale, previous to the meeting of the Convention: Provided, That the lots purchased at the first sale, and relinquished, were applied in payment of the lots retained by the original purchasers.

Approved, Jan. 11, 1827.

 

RESOLUTION authorizing the money of the University, now in the Treasury, to be vested in State Stock, and for other purposes.

Resolved by the Senate and House of Representative of the state of Alabama, in General Assembly convened, That the President of the Board of Trustees of the University be, and he is hereby, required to vest in stock of the state, upon the same terms as the stock has heretofore been vested, what money is now in the treasury, arising from rents, interests, and sale of university lands.

And be it further resolved, That all monies which have arisen, or which may arise, from the profits of the Bank, shall be vested by the President and Directors of the Bank of the State of Alabama, under the direction of the Governor, in bank stock in the said Bank, until otherwise directed by law.

Approved, Jan. 13, 1827.

 

RESOLUTIONS relative to the Militia Laws of this State.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the militia laws, digested and reported to the General Assembly by Thomas W. Farrar, at the present session, be and the same are hereby adopted for the government of the militia of this state: and that all laws and parts of laws not contained in said digest, be and the same are hereby repealed.

And be it further resolved, That it shall be the duty of the Secretary of State to cause sixteen hundred copies of said digest to be printed and distributed among the different regiments of this state, in proportion to the number of commissioned officers in each, by forwarding the portion intended for each county to the clerk of the county court, to by him placed in the hand of officers commanding regiments in his county.

And be it further resolved, That the militia of the county of Blount shall hereafter be attached to and compose a part of the twelfth brigade; and that the militia of the county of Shelby shall hereafter be attached to and compose a part of the third brigade of the militia of this state.

APPROVED, Jan. 13, 1827.

 

JOINT RESOLUTION to provide for the safe keeping of the Furniture belonging to the State, in the State House.

Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That, so soon as the present legislature has adjourned sine die, John Davis be, and he is hereby authorized and required, as agent


116

of the state, to take charge of the state house, and the state property thereof, and safely keep them until the meeting of the next legislature; for which service he shall receive thirty dollars as compensation, to be paid out of any monies not otherwise appropriated, when the shall have performed the duty above required: Provided, That the judges of the supreme court be allowed to hold their courts in the state house when the legislature is not in session.

And be it further resolved, That the said John Davis be and he is hereby required to execute his bond to the Governor, and his successors in office, in the sum of one thousand dollars, with good security, conditioned for the safe keeping of the state house, and the furniture thereof, until the meeting of the next legislature.

APPROVED Jan. 13, 1827.

 

JOINT RESOLUTION explanatory of the third section of an act entitled "an act to fix the salary of the President of the Bank of the State of Alabama, and for other purposes."

Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the third section of an act, entitled "an act to fix the salary of the President of the Bank of the State of Alabama, and for other purposes," shall not be so construed as to prevent any member of the General Assembly from negotiating any bill of exchange at said Bank, either as drawer, acceptor or endorser.

Approved, Jan 3, 1827.

 

A JOINT RESOLUTION of the Senate and House of Representatives of the State of Alabama, disapproving certain resolutions of the legislatures of the States of Delaware, Connecticut, Illinois and Indiana, concurring with a resolution of the state of Ohio, proposing the emancipation of slaves; and a resolution of the legislature of New Jersey, recommending a system of foreign colonization.

The select committee, to who was referred a resolution of the state of Mississippi, transmitted in a special communication to this house by his Excellency the Governor, disapproving of resolutions passed by the legislatures of the states of Ohio, New-Jersey, Delaware, Connecticut, Indiana, and Illinois, on the subject of the abolition and general emancipation of persons of color held in servitude in the United States; having had the same under consideration, respectfully submit the following report:

They conceive that the subject is one in which the States (where the evil complained of exists) are alone interested; that the frequent interference of non-slave-holding states in a matter so purely internal and domestic, is alike impolitic and incompatible with the rights and interests of the slave-holding states; and that the dictates of policy forbid the too frequent agitation of a question which by the constitution of the United States; and of the several slave-holding states, is beyond the exercise of the legislative control. Your committee further suggest, that if at any future day the evil complained of becomes too oppressive to be borne, that it will be the peculiar privilege as well as duty of the slave-holding


117

states themselves to apply such expedients of relief as their information may suggest, and their own interests and safety may require; and in determining the proper time when this great work of policy and benevolence shall commence, they conceive that the states most interested in the result can alone be the proper judges.

Your committee, therefore, ask leave to recommend the following joint resolution to accompany this report:--

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the resolution of the States of Delaware, Connecticut, Illinois and Indiana, concurring with a resolution of the state of Ohio, proposing the emancipation of slaves, passed on the seventh day of January, one thousand eight hundred and twenty-four, together with a resolution from the state of New-Jersey, recommending a system of foreign colonization to be adopted, to effect the entire emancipation of slaves, be, and the same are hereby disapproved, by the Legislature of this State; and that his Excellency the Governor be hereby requested to transmit a copy of this resolution and report to the Executive of each of the United States.

Approved Jan. 1, 1827.

 

REPORT and RESOLUTIONS in relation to the system for the disposal of the Public Lands, and to the unsettled Land Claims, in this State.

The special committee, to whom was referred so much of the Governor’s message as relates to the system for the disposal of the public lands, have had that subject under their consideration, and have instructed me to report the following Joint Resolutions.

1. Resolved, That this General Assembly do highly approve of the plan proposed by the Hon. Mr. Benton of Missouri, for the future disposal of the public domain, as contained in a bill introduced and advocated by him in the Senate of the United States, during the last session of Congress, providing for the future sale of the public lands by entry, at certain fixed and graduated prices, in exclusion of the present mode by auction, and for the ultimate disposal of such as may remain unsold for a certain period by donation to actual settlers, reserving to the actual settler or occupant in all cases the right of pre-emption for a limited time, of a quantity not exceeding one entire section.

2. Resolved, That our senators in Congress be instructed, and our representatives requested to use their utmost endeavors to procure the passage of a law containing the foregoing or similar provisions: and also of a law providing for the final adjustment upon equitable principles, of the unsettled land claims in this state.

3. Resolved, That a copy of the foregoing resolutions be transmitted by the Governor, to each of our senators and representatives in Congress.

APPROVED Jan. 12, 1827.

 

JOINT RESOLUTION instructing our Senators and Representatives in Congress on the subject of authorizing the sale of the sections numbered sixteen, reserved for the use of schools in this State.

Sec. 1. Resolved, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our senators in Congress be instructed, and our representatives requested, to use their endeavors to procure the passage of an act to authorize the legislature to sell and convey in fee simple the section numbered sixteen in each township in this state, granted by the United States to the inhabitants of said township


118

for the use of schools, and to invest the money arising from the sale thereof in some productive fund, the proceeds of which shall be forever applied under the direction of the General Assembly, for the use and support of schools within the several townships for which they were originally reserved and set apart, and for no other use or purpose whatsoever: Provided, That in the appointment of the proceeds of said fund, each township aforesaid shall be entitled to such part thereof and no more as shall have accrued from the sale of the school land belonging to such township: Provided further, The inhabitants of each township first give their consent to the sale of the same.

Sec. 2. And be it further resolved, That his excellency the Governor, be and he is hereby authorized and required to transmit copies of the foregoing resolution to our senators and representatives in Congress.

APPROVED, Jan. 13, 1827.

 

RESOLUTION authorizing the Governor to offer the University Lands in Shelby and Bibb counties for sale on the third Monday in February next.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Governor be and he is hereby authorized to cause to be offered for sale, on the third Monday in February next, so much of the university lands lying in the counties of Shelby and Bibb as he may deem proper; and that he cause the same to be advertised in such public manner as he may think most advisable.

APPROVED, JAN 12, 1827.

 

RESOLUTION removing the injunction of secresy imposed upon the report of the joint committee appointed to examine the Bank of the State.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the injunction of secresy imposed by an act passed the second day of January, eighteen hundred and twenty-six, entitled an act to amend the charter of the Bank of the State of Alabama, on the report of the joint committee appointed to examine said Bank, be and the same is hereby removed.

APPROVED Jan. 12, 1827.

 

RESOLUTIONS instructing our Senators and requesting our Representatives in Congress to use their endeavors to procure an equal extension of the National Judiciary system to the Western and South-Western States of the Union.

Whereas it is a fundamental principle in the constitution of the United States, that the people in the several States shall enjoy an equal participation in the enactment of laws for their government; and it being no less necessary to their welfare, and security, that they should participate equally in the administration of such laws by the different departments to which that power is confided; and whereas, under the present organization of the judicial department, such equality does not exist, one portion of the Union being denied a description of courts, and grade of judicial officers extended to othersB there being in the nine western and south-western states but one resident judge of the supreme judicial tribunal, while the Atlantic states, with a population only about twice as numerous, have six; and the members of the general assembly, believing it due to their constituents and to the people of other states similarly situated to claim their rights; Therefore,

1. Resolved, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it is in their opinion the duty


119

of the congress of the United States, without further delay, to extend to all the states equally, the present judicial system of the Union.

2. Resolved, That our Senators in congress be instructed, and our Representatives requested, to exert their influence to procure the passage of an act in conformity with the foregoing resolution.

3. Resolved, That his excellency the Governor, transmit to each of our Senators and Representatives in congress, a copy of the foregoing preamble and resolutions.

Approved Jan, 13, 1827.

 

MEMORIAL to the Congress of the United States, asking permission for the Trustees of the University of Alabama to select other lands in lieu of those herein described.

Memorial to the Senate and House of Representatives of the United States of America, in Congress assembled. The memorial of the Senate and House of Representatives of the state of Alabama, in General Assembly convened, respectfully represent, That section twelve, containing 638 84-100 of an acre; the north-east quarter of section 17, containing 159 11-100 of an acre; the north -east quarter of section 28, containing 158 81-100 of an acre; and the east part of the north-east quarter of section 34, containing 106 12-100 of an acre, in township 4, range 11, west, in the Huntsville land district, patented to the Trustees of the University of Alabama, on the 16th of July, 1824, have been subsequently sold by the United States to individuals, who are now in peaceable possession thereof, and have made considerable and valuable improvements thereon: In order that the quiet possession of innocent and bona fide purchasers should not be disturbed, and believing that a selection of other lands could be made as equally beneficial, your memorialists respectfully submit to your honorable body the propriety of passing a law granting permission to the said trustees of the university of the state of Alabama to make a selection of other lands in lieu thereof, giving said trustees the power of selecting any lands which have been forfeited, reverted or relinquished to the United States, at any of the land offices in this state, in lieu of the above described lands-

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our Senators in Congress be instructed, and our Representatives requested, to use their efforts to obtain the passage of a law in conformity with the foregoing memorial.

Be it further resolved, That his Excellency the Governor be requested to transmit to our Senators and Representatives in Congress one copy of the foregoing memorial and resolutions.

Approved Jan. 12, 1827.

 

MEMORIAL to the Congress of the United States on the subject of a donation to the trustees of La Fayette Academy in the village of La Grange.

The Memorial of the legislature of the State of Alabama, in General Assembly convened, respectfully represents, that at the last session of the legislature of this state a female academy was incorporated in the village of La Grange in the county of Franklin; that the citizens of said village at their own expense erected a handsome building of small dimensions, for the reception of students of both sexes; that, although it has scarcely been in operation twelve months, it contains at present between eighty and ninety students, and in a short time there is not the least doubt if suitable buildings were erected, the number would be increased to one hundred. The expense of erecting suitable building and obtaining the necessary apparatus for the use of said school, is greater that the citizens


120

of said village can in justice to themselves incur; we would remark to your honorable body that the situation of that village is probably better calculated for at least a primary seminary of learning that any other point within the limits of our state, being situated on a beautiful and elevated point of the Comber land mountain extending itself into the valley of the Tennessee river, on which nature has exerted her skill to render as well one of the most delightful and romantic situations imaginable as the seat of health; from the summit of the point and some miles around, gush a variety of medical springs possessing different medical qualities, as well as springs of the purest and sweetest water; it is adjoining the most beautiful part of the valley of the Tennessee river, and in the neighborhood of some of the most flourishing towns in said valley, owing to its having been selected as a retreat from the diseases incident to our climate; the society is not surpassed by that of any community whatever. As education should be peculiarly cherished by governments like ours, and as our government have it fully in her power to endow an indefinite number of primary schools without the least injury to said government by making donations of land, or permitting the trustees of different institutions to enter a certain quantity of land at the minimum price. We would therefore, respectfully submit to the consideration of your honorable body the propriety of making a donation to the trustees of the said institutions to south-east quarter of section thirty-four, township four, range tem, west, in the Huntsville land district, which lies adjoining said village, for the purpose of erecting thereon the necessary buildings for the use of said school, which quarter section is extremely sterile and of no value except for the purpose aforesaid; we would also, respectfully submit to your honorable body the propriety of making a further donation or permitting the trustees of said institution to enter at the minimum price the following designated lands, which lies adjoining said village: the north-east quarter of the aforesaid section, mostly mountainous; also, the east half of the south-east quarter of section twenty seven, and the east half of the north-east quarter of said section twenty-seven; all lying in the aforesaid township and range; also, any other number of quarter sections of land lying in Franklin county, not exceeding fifteen, which has been sold and relinquished, on which there is no occupant.

Resolved therefore by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our Senators be, and they are hereby instructed, and our Representatives requested, to use their best endeavors to procure the passage of a law embracing the object of the foregoing memorial.

And be it further resolved, That the Governor be, and he is hereby required to forward one copy of the foregoing memorial and resolutions to each of our Senators and Representatives in Congress.

APPROVED JAN. 13, 1827.

 

RESOLUTIONS protesting against the exercise of implied, constructive, and unconstitutional powers on the part of the Federal Government, and asserting the rights secured to the States respectively by the Constitution of the United States.

Whereas it is of vital importance to the prosperity and existence of all free governments, that every grant of should be exercised by the functionary to which it is particularly assigned and that the limits of all power should be fully known and established, according to the fundamental laws upon which said governments rest: And whereas, in the practical operations of the government of


121


the United States, much difference of opinion exists as regards the relative powers of the States, and Federal Government; And whereas, the powers claimed by the later have increased to an unjustifiable extend, while those of the former have suffered a corresponding diminution: And whereas, the several states as parties to the compact which conferred all power on the general government, have the unquestionable right of expressing their decided disapprobation of any measures on the part of the general government, which they conceive, to be a violation of said compact: And whereas, a frequent recurrence to first principles, is essential to the correct adjustment of all political differences of opinion, and will serve as the surest guide in the exercise of all political power.
Be it therefore Resolved, That in conjunction with the states of Virginia and South Carolina, as appears by resolutions passed during the last sessions of their respective legislature, were strongly Protest against the exercise by the general government of implied and constructive powers, as having a tendency to destroy those rights which were reserved by the states, respectively, as essential to their sovereignty, and being in their very unlimited in extent, and uncontrollable in their operation.
Resolved, That we approve of the course pursued by the republican party during the eventful crisis of >98 and >99, in opposition to the usurpations of the general government claimed under the above described powers.
Resolved, That the imposition of taxes and duties by the Congress of the United States for the purpose of protecting and encouraging domestic manufactures is an unconstitutional exercise of power, and is highly oppressive and partial in its operation.
Resolved, That Congress has not the right, under the constitution, to adopt a general system of internal improvements in the states as a national measures and that it has not the right to tax the citizens of one state to carry on internal improvements in another.
Resolved, That the President of the United States, has not the constitutional power to originate any foreign mission, or to appoint any foreign minister, on such newly originated mission, but by and with the advice and consent of the Senate of the United States.
Resolved, That the abrogation of the treaty of the Indian Springs, concluded February 1825; by the United States' commissioners and the Creek Nation, without the consent of the governments of Georgia and Alabama, parties in interest, was an unconstitutional exercise of Federal power, and an infringement of the sovereign rights of said states.
Resolved, That the President of the Senate of this state be and he is hereby requested to transmit to each of our Senators and Representatives in Congress, a copy of the foregoing preamble and resolutions.

Approved Jan. 13, 1821.


=========


ERRATA.- In the caption of an act relative to the port and harbor of Mobile, page 31, after the word "government," read, "of the port" In the first marginal note on page 51, after the word, "from," in the place of "Tuscaloosa to Mobile," read, "Pickens' mill, in Marengo, to Canton"

========


DEPARTMENT OF STATE, Tuscaloosa, May 26, 1827.
I have carefully examined the foregoing Acts and Resolutions, and find them to be true copies of the original rolls, deposited in this office.
J. I. THORNTON, Secretary.