Of thanks to JAMES MONROE, President of the United States.
Unanimously resolved, That the thanks of the General Assembly of the state of Alabama, are due to James Monroe, for the ability, fidelity and dignity with which he has
discharged the duties of President of the United States: And that his excellency the Governor be, and he is hereby requested to communicate this resolution to Mr. Monroe, together with the sincere wish of the General Assembly that the evening of a life so honorably devoted to the public service, may be as tranquil and happy as its morn and meridian have been illustrious, and useful.
In relation to Major General LA FAYETTE.
From scenes where the desolating hand of war has spread havoc and ruin, where the sword of tyranny has supplanted, the milder emblems of peace, and where the prostrate subjects of regal power humbly acknowledged the right of that despotism under which they groan in the elder continents, the eye delights to turn to the more cheering prospects which every where present themselves in the bosom of the new world. It is here that the eye of philosophy is pleased to see the majestic march of science, learning pour out her richest treasures, and liberty diffuse her noblest blessings on regenerated man.
In contemplating the inestimable advantages which every where surround, and serve to cherish and support the American republic, the mind is necessarily led to recur to the causes which have produced such brilliant and happy effects. These are discovered in the form of government which we have adopted, and in the administration of that government which so effectually guarantees to every citizen the enjoyment of equal liberty, the protection of life and property, and the pursuit of happiness. The power and right of establishing this government, which is at once the noblest bulwark of freedom, and the grandest invention of the human mind, were gained at an immense expense of blood and treasure, together with the toils and dangers of a seven years war. To the venerable sages and warriors of the revolution, whose joint efforts erected this beautiful fabric of liberty, we look with reverence and admiration: we are led insensibly to contemplate their virtues and achievements under the influence of fervent enthusiasm which however it must be acknowledged alone can do justice to the estimation in which they are held. For the most part, the minds that conceived this noble work of independence have been removed to more blissful regions, and the hands that executed it now lie cold and nerveless in the silent grave! such has been the operation of three to which all puritan virtues and excellence must yield, although the tears of poignant sorrow be shed and the gloom of melancholy be cast over all who survive, still we are permitted to rejoice that one eminently illustrious personage remains, to whom, next to the great father of our country, under providence, the American people are indebted for all the blessings they enjoy: This is the venerable General LA FAYETTE, whose worth and chival-
ric deeds, history has already recorded in the brightest pages of her timelasting annals, the muse of poetry has sung to the ear of venerable age and lisping infancy, and gratitude engraved on the heart of every virtuous patriot. This veteran benefactor of the republic, after an absence of near half a century, has returned from the deep rooted convulsions which afflict and depopulate his native country, to witness, in the decline of a well spent life, the consummation of his glorious labours in the cause of freedom in the country of his adoption. This return has been hailed by ten millions of freemen, whom he so greatly aided in their redemption from worse than Egyptian bondage. All ages, sexes, and conditions have crowded to witness his reception and bid him welcome to the homes and bosoms of the descendants of his compatriots in glory and in arms.
Though remote from the joyous scenes of festivity and the loud acclaims of welcome which greet him at every step, we are not unmindful of his virtues, nor ungrateful for his services--that in common with our fellow citizens of the eastern and southern states, we feel proud to honor the man that was next to him who was "first in war, first in peace and first in hearts of his countrymen." From these considerations and from the exalted pre-eminence which he holds in the great scale of philanthropy.
Be it resolved unanimously, by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That justly appreciating the long tried services and unblemished virtues of Major General LA FAYETTE, in the cause of freedom, in both hemispheres, we hail his return to the early scenes of his valor and his glory, as a distinguished epoch in the annals of our country; the moral influence of which will have a most salutary effect, not only on this, but in every country where liberty has a votary or a home.
And be it further resolved, That his excellency the Governor be requested to invite, in such manner as he shall deem most respectful, Major General LA FAYETTE to honor the state of Alabama with a visit, and in the event of his acceptance of such invitation, he be received in such manner as shall best comport with the important services he has rendered the American people.
And be it further resolved, That his excellency the Governor be, and he is hereby authorised to draw on the treasury for any sum or sums necessary to carry the foregoing resolutions into effect.
In relation to unsettled Land Claims below 31st degree, North Latitude, and Pre-emption rights.
Be it resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That our Senators and Representatives in Congress be requested to convey to that body the anxiety which is felt by the
people of this state, that effectual measures be taken by the government of the United States, for the final adjustment of the unsettled land claims below the thirtyfirst degree of north latitude; and that our Senators and thirtyfirst degree of be further requested to use their best endeavors to obtain the passage of laws of the following tenor, at the ensuing session of Congress, viz:
1. An act to authorise the holders of French, British and Spanish titles of lands, situate in that part of the former provinces of Louisiana and West Florida, comprehended within the state of Alabama, which have not been reconsidered as valid by the government of the United States, to institute proceedings in the federal district court for the district of Alabama to try the validity thereof:
2. An act authorising and requiring the register and receiver of the land district east of Pearl river to receive evidence of claims to lands, situate below the thirtyfirst degree of north latitude, in said district, derived from either the French, British, or Spanish governments of Louisiana and West Florida, which have not been heretofore filed with and reported on by either of the boards of the United States' commissioners for the adjustment of land claims in said district, and to report the same to Congress, under such instructions as they may receive from the commissioners of the general land-office:
3. An act granting a right of preemption to actual settlers of the public lands in the state of Alabama, whose settlements were made prior to the first day of January, one thousand eight hundred and twenty-two.
And be it further resolved, That his excellency the Governor be, and he is hereby, requested to transmit a copy of the foregoing resolution to each of our Senators and Representatives in Congress.
Explanatory of an act entitled an act for the relief of the people of the State of Alabama, &c.
Be it resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That it shall be lawful for the tax collectors only of the counties mentioned in the first section of an act, entitled an act for the relief of the people of the state of Alabama, passed thirtyfirst December, eighteen hundred and twenty-three, to receive the bills or notes payable to bearer of the Planter's and Merchant's bank of Huntsville, in payment of the taxes due to this state from the said counties, on condition only, that the president and directors of the said bank will comply with the provisions contained in the above recited act, under the regulations and restrictions of the same.
Be it further resolved, That all acts and parts of acts contrary to the provisions of this resolution, be, and the same are hereby repealed.
In relation to certain objects of Internal Improvement within the state of Alabama.
Be it Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the senators and representatives in Congress from this state, be, and they are hereby requested to use their influence to obtain specific appropriations by Congress for the following objects of internal improvement within the state of Alabama, viz:
1. For connecting the waters of the Tennessee and Mobile rivers, by means of a canal, from a navigable point of the Amoie, a branch of the Highwassee river to a navigable point of the Conesauga, a branch of the Coosa river.
2. For improving the navigation of one of the passes leading from the ship channel at the head of Mobile bay directly to the city of Mobile, so as to admit the ready access of vessels of any draft of water that can pass dog river bar.
3. For improving the navigation of the Tombeckbe and Tuscaloosa rivers; also Tennessee river from Waterloo to Marathon or head of the muscle shoals; also, the Cahawba river from its confluence with the Alabama river to the falls thereof in Bibb county. And that our senators and representatives be further requested to endeavor to obtain the passage of a law granting and declaring the consent of Congress to any act which the General Assembly of this state may pass, so far as the same may extend, to authorise the laying and collecting a tonnage duty, not exceeding ten cents per ton on American vessels and fifteen cents per ton on foreign vessels, drawing over seven feet water, arriving at and entering the port and harbor of Mobile, for the purpose of providing a fund for improving the navigation of the pass or channel aforesaid.
And be it further resolved, That his excellency the Governor, be, and he is hereby requested to transmit a copy of the foregoing revolution to each of our senators and representatives in Congress.
Providing for the further distribution of the statute laws of the state of Alabama.
Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That whenever it shall appear to the satisfaction of the judge of the county court of any county in this state, that any of the justices of the peace of his county has not been supplied with the laws of Alabama, as provided for by the fifth section of an act, entitled an act concerning the printing, binding and the disposal of the digest of the statute laws of the state of Alabama, passed January the 1st, 1823, it shall be his duty to issue his order to the agent appointed by the Governor to make sale of said laws in conformity with the
above recited section and act, to furnish such justice or justices with a copy of the same; which order shall be a good and sufficient showing, of the disposition made of said laws, on settlement, with the treasurer of this state, as required in the above recited act.
Authorising the Comptroller to issue his warrant in favor of Edward Herndon for services as Assistant Adjutant General.
Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the comptroller of public accounts, be, and he is hereby authorised and required to issue his warrant to the state treasurer, in favor of Edward Herndon, for the sum of one hundred and fifty-five dollars, in full for his services as assistant adjutant general, to the 6th brigade, in the 3d division of the militia of this state, from 29th day of August, 1823, to the 25th day of December, 1823, according to the laws of this state then in force.
To the Congress of the United States respecting the sale of Relinquished Lands.
To the Senate and House of Representatives of the United States, in Congress assembled
The memorial of the General Assembly of the state of Alabama most respectfully represents, that the people of this state entertain a just and grateful sense of munificence and liberality of the general government, and especially for the passage of laws extending relief when they were in circumstances, in which if relief had been withheld, consequences the most disastrous to their interests would have taken place. Among these not the least beneficial has been the act of Congress of the last session, entitled an act to provide for the extinguishment of the public debt.-- Many had not availed themselves of the benefit of former acts who were in hopes that more prosperous times, and a vigorous prosecution of business would have put it in their power to retain a greater quantity of land. These are enabled still to provide against eventual loss and at the same, time close their account with the government for the purchase of land. Your memorialists beg leave to represent that should the relinquished land, except such relinquished lands as are now advertised for sale, be kept back from sale for one year, or until the proceeds of a crop be realised, that it will prove highly beneficial to those who may have relinquished, and at the same time promote the interest of the general government. By such delay the people of this state will be better prepared to purchase again, and a more general competitions and a more extensive sale take place. The land market will not be so exclusively occupied by a few capitalists who will purchase land with a view of making a speedy sale, at an ad-
vance price, to the cultivators of the soil. This advance will in general shew the loss which the government will sustain by ordering a sale at a time when the great body of agriculturalists will not be in funds to buy. Relinquishment of land will be induced by various causes; the inability of some to, retain as much as they designed at the time of the purchase, the high price which was given for it, and the fear that should a scarcity of money continue, there would be a final loss by its forfeiture. But from whatever cause it may be relinquished, those who relinquish will be anxious to purchase again; and it cannot, as we suppose, be otherwise than to the interest of the United States to give them an opportunity of being in the market when the land is offered for sale. Your memorialists make these suggestions, impressed with the relief that by extending a benefit to the people of this state, in the present instance, the lands of the United States will become more productive. The premises, submitted to the wisdom and consideration of your honorable body, and your memorialists in duty bound will ever pray.
Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That his excellency the Governor cause to be transmitted to our Senators and Representatives in Congress certified copies of the foregoing memorial, to be by them submitted to the Congress of the United States.
Authorising the doorkeeper of the Senate to take charge of the public Furniture.
Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That it is hereby made the duty of the doorkeeper of the Senate, immediately after the adjournment of the present session of the legislature, to take charge of the state house and furniture thereof, except those rooms occupied by the Secretary, Comptroller, and Treasurer, and cause all the furniture belonging to the statehouse to be safely deposited in the senate chamber, and to lock the door and retain the keys thereof until the next session of the General Assembly.
And be it further resolved, That it shall not be lawful for any use to be made of the furniture deposited as aforesaid, under any pretence whatever previous to the meeting of the next legislature.
To ascertain the mode of Voting most acceptable to the People.
Whereas doubts exist among the member of the General Assembly as to the most acceptable mode of voting by the people in all general elections,
Be it therefore resolved by the Senate and House of Representatives of the state of Alabama in General Assembly con-
vened, That it is hereby made the duty of the respective sheriffs in the several counties in this state, at the same time and place of giving the notice as now required by law, of the next general election, also to give notice to the qualified electors, that all such as wish a change in the mode of voting, from ballot, to that of viva voce, may endorse on the back of their several tickets the words viva voce, and it shall be the further duty of the several sheriffs as aforesaid, to make an exact enumeration of all the tickets endorsed as aforesaid, and likewise of all the tickets not endorsed, which had been received in the county of which he is sheriff, and certify and return a proper statement of the same to the secretary of state, on or before the third Monday in November next.
And be it further resolved, That it shall be the duty of the secretary of state to lay before the next General Assembly a consolidated statement of all the returns by him received from the sheriffs as aforesaid.
And be it further resolved, That the several sheriffs shall be entitled to receive for their services herein required of them, such compensation as may be allowed by the next General Assembly.
Of the Legislature of the State of Alabama, on the subject of the claims of Col. Samuel Dale.
To the Congress of the United States of America, the memorial of the Legislature of the state of Alabama, sheweth that your memorialists are confident that Col. Samuel Dale has correct demands against the General government to a considerable amount, for the most important and meritorious services rendered during the late Creek Indian, and the late Seminole wars, and also for vast expenses incurred in furnishing supplies for troops in both of the aforesaid wars: Your memorialists further state, that Colonel Dale has repeatedly applied to the General Government for a settlement of his demands and accounts, but as yet, no relief has been offered to this veteran hero and valuable citizen, owing as your memorialists are induced to believe, either to some informality in the application, or to his manner of keeping his accounts, many of which not having such accompanying vouchers as are generally required, although the charges to your memorialists are believed to be correct. Your memorialists feel a deep interest that your honorable body would take into consideration the demands of Colonel Dale, inasmuch as he has worn out and broken down a hardy and robust constitution in the services which he has rendered to the first settlers of this state in the above mentioned Indian wars; and by his individual pecuniary losses, and the advances made on account of the troops, his fortune has become shattered, and he is almost destitute of the pecuniary means necessary to a comfortable subsistence; and will ere long descend to that place where Congressional redress will be unavailing to this hero: Your memorialists beg leave to state, that the gallant and arduous services of Col. Dale, during the Creek Indian war, was one of the principal checks given to the infuriated Indians, and the means of saving helpless women and children from the scalping knife and tomahawk. Your memorialists further state that, at the commencement of the Creek Indian war, the frontier of this state was entirely exposed to the merciless depredations and murders of the then powerful tribe of Creek Indians; the general govern-
ment not having at that time furnished the necessary means of defence. The dreadful and barbarous murders committed at the commencement of this war, added to the disastrous fall of fort Mims, and the wanton cruelties committed there, threw the settlers of this country into such a state of trepidation and alarm, that their plantations and property were abandoned to the enemy; and the affrighted and unprotected settlers fled in every direction for safety. At this perilous period, when it was believed and feared that the cruel foe would carry their dreadful war of extermination from our eastern boundary to the Mississippi river, our fellow citizen Col. Dale, at the head of small parties, waged a gallant partizan war, surpassed probably in no age or county, and will some day form an interesting page in American history. Your memorialists must here state to your honorable body that the feats of bravery performed by Col. Dale, at the head of his starving followers, were, in the opinion of your memorialists, the principal cause of arresting the progress of the Indians, and keeping them in check until the forces of the general government could come to the relief of our affrighted and starving settlers: Your memorialists further state, that during the Creek Indian war, Col. Dale has gone frequently on express with dispatches from the armies in this country to the state of Georgia, through a hostile country of Indians, of nearly three hundred miles, and almost every foot of the journey through the woods, and thereby rendering services to our armies which no body else could be found who would undertake or who could perform. Your memorialists therefore pray that the Congress would take into consideration the claims and demands of Col. Samuel Dale, and would pay him such amount in money as may be deemed right and proper; or that they would in lieu thereof make him, of the lands of this state, such a donation as they should think reasonable and just.
Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That his excellency the Governor be required to transmit a copy of the foregoing memorial to each of our Senators and Representatives in Congress, and that they be directed to lay the same before Congress, and to use their exertions to obtain the object of the foregoing memorial.
It is hereby certified that the foregoing Acts and Resolutions are correct copies, collated with, and corrected by, the original rolls deposited in this Office.
JAMES I. THORNTON, Secretary.