CONSTITUTION OF 1861

ORDINANCES



THE STATE OF ALABAMA:

At a Convention of the People of the State of Alabama, begun and holden at Montgomery, on the fourth day of March, in the year of our Lord, one thousand eight hundred and sixty-one, and continued to the twenty-first day of March in the same year.

No. 21]

AN ORDINANCE

For The Purchase Of Provisions

Be it ordained by the people of Alabama in Convention assembled , That the Governor of this State be, and he is hereby authorized to appoint an agent whose duty it shall be to make purchses of provisions and stores for the troops of the State, from time to time, as the same may be required. And the said agent shall be at all times subject to the control, order and direction of the Governor in the matters aforesaid, and may be dismissed from the public service at the pleasure of the Governor.

Be it further ordained , That the rate of compensation allowed to the said agent shall be settled by agreement with the Governor, which agreement shall be reduced to writing, and filed in the Executive Department of the State.

Be it further resolved , That said agent shall give bond and security, to be approved by the Governor, which said bond shall be increased in amount from time to time, as the Governor shall direct.

Be it further resolved , That in suits upon any bond provided for in the foregoing section, no objection as to form shall be allowed, nor shall any plea be received except a plea to the merits.

Be it further resolved , That the sums of money necessary to carry into effect the foregoing ordinance, may be borrowed by the Governor, and he is hereby authorized and empowered to execute bonds for the same in the name of the State: Provided , however , that no such bond shall have less than twelve months to run, nor carry a higher rate of interest than eight per centum per annum.

Adopted, January 14, 1861.

No. 22]

AN ORDINANCE

To Turn Over To The Government Of The Confederate States The Arms And Munitions Of War Belonging To This State, And For Other Purposes

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the control of all military operations in this State, having reference to, or connection with, questions between this State and other States, or any power foreign to them, shall be turned over to the Provisional Government of the Confederate States of America, to be exercised by said Government.

Section 2. And be it further ordained , That the State of Alabama hereby turns over to the Provisional Government of the Confederate States of America all arms and munitions of war which have been acquired from the late United States, and which are now in the forts and arsenals in this State; and that the Governor of this State shall have power to make a similar disposition of any other arms and munitions of war which belong to this State, excepting muskets, rifles and small arms: Provided , That the said Government of the Confederate States shall account for all such arms and munitions of war as are hereby turned over.

Section 3. And be it further ordained , The transfer provided for in this ordinance shall be conducted on the part of this State by the Governor thereof.

Adopted, March 9, 1861.

No. 23]

AN ORDINANCE

To Provide For The Transfer Of Certain Troops Therein Mentioned To The Confederate States Of America

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the Governor of this State be, and he is hereby, authorized and empowered to transfer and turn over to the Confederate States of America, all the non-commissioned officers, musicians and privates who have been enlisted, or may be enlisted, under the provisions of an ordinance entitled "an Ordinance to provide for the military defense of the State of Alabama", adopted January 19th, 1861.

Section 2. Be it further ordained , That the commissioned officers of said enlisted men, appointed under the provisions of said ordinance, may be transferred to the service of the Confederate States of America, upon terms to be agreed upon by the Governor of the State of Alabama and the President of the said Confederate States.

Section 3. Be it further ordained , That the Governor of this State be, and he is hereby, authorized and empowered to transfer all volunteer companies whose services have been accepted by him, or whose services may hereafter be tendered and accepted, under the provisions of said ordinance, to the Confederate States of America, to be employed by the President thereof, at such points as may be deemed best for the common defense: Provided, however , that the assent of such volunteer companies shall first be obtained to such transfer, and a certificate of such assent shall be made upon the muster rolls of each company, and signed by the Captain, or commanding officer of the company; and any member of the company withholding his assent, may be discharged, or employed in the service of the State, at the discretion of the Governor.

Adopted, March 11, 1861.

No. 24]

AN ORDINANCE

To Give Efficiency To The Ordinance Of 19th January, 1861, "To Provide For The Military Defense Of The State Of Alabama"

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the Governor is authorized to appoint one Surgeon, and not exceeding two Assistant Surgeons, for the service of the three years' rrecruits, who shall be assigned to duty as the Governor may direct, and who shall be entitled to the same rank, pay and emoluments, when ordered into service, as Surgeons and Assistant Surgeons in the army of the United States.

Section 2. Be it further ordained , That in all cases where volunteers have been accepted for twelve months, and have not been organized into a regiment, the Governor is authorized to appoint Surgeons and Assistant Surgeons for such volunteers, not exceeding one Surgeon and one Assistant Surgeon for every five hundred volunteers actually in service, who shall be assigned to duty as the Governor shall direct, and shall hold their commissions until such volunteers are organized into a regiment, and regimental Surgeons and Assistant Surgeons appointed; and the Surgeons and Assistants shall, while in service, be entitled to the same pay and emoluments as provided by the first section of this ordinance.

Adopted, March 12, 1861.

No. 25]

AN ORDINANCE

To Regulate The Staff Of The Major-General Appointed Under The Ordinance Of 19th January, 1861

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the staff of the Major-General, appointed under the provisions of an ordinance entitled "an Ordinance to provide for the military defense of the State of Alabama", adopted January the 19th, 1861, shall be the same as that of a Major-General of the militia of the State of Alabama, and shall be appointed by said Major-General.

Adopted, March 12, 1861.

No. 26]

AN ORDINANCE

To Provide For The Sale Of Provisions Belonging To This State, And For Other Purposes

Section 1.
Be it ordained by the State of Alabama in Convention assembled , That the Governor of Alabama is authorized to sell to the Confederate States of America, all provisions and military and Quartermaster's stores not needed by this State. And in the event the Confederate States shall not purchase all of said stores or provisions as will not be needed by this State, then the Governor shall dispose of them at his discretion.

Adopted, March 12, 1861.

No. 27]

AN ORDINANCE

To Confer Upon The Government Of The Confederate States Of America Jurisdiction Over The Custom House And Marine Hospital At Mobile, And Certain Light Houses, Lights And Buoys, In Mobile Bay, And For Other Purposes

Section 1.
Be it ordained by the people of Alabama in Convention assembled , and it is hereby ordained by the authority of the same , That the Government of the Confederate States of America is hereby authorized to use, occupy and hold possession of the lot and tenement in the city of Mobile, known and designated as the United States Custom House, and also the lot and tenement known and designated as the United States Marine Hospital, and thier appurtenances; and that the same Government is further authorized to use, hold and occupy, and take under its charge and control, the Light Houses at Choctaw Point, Mobile Point, and Sand Island, and the Range Light and Buoys in Mobile Bay, and to repair, and rebuild, and alter the same, in its discretion it may advisable for the public interests.

Section 2. And be it further ordained , That the Revenue Cutter, Lewis Cass , attached to, and in the service of said Custom House, be, and is hereby, turned over to the Government of the Confederate States of America.

Section 3. And be it further ordained , That this ordinance shall be, and remain in full force until repealed by a Convention of the people of Alabama.

Adopted, March 12, 1861.

No. 28

AN ORDINANCE]

To Transfer To The Government Of The Confederate States Of America The Money In The Hands Of The Collectors At The Port Of Mobile

Section 1.
Be it ordained by the people of Alabama in Convention assembled , and it is hereby ordained by authority of the same , That the Collector at the Port of Mobile is hereby authorized and instructed to pay over to the proper Department of the Government of the Confederate States of America, all such moneys as he may have had in hand at the date of his report to the Governor of the State of Alabama, on the first day of March, A. D., 1861, and all such as may have been since received in payment of duties, or on bonds given for duties, or that may be so received up to the date of the proposed transfer to the Government of the Confederate States; and that he be authorized to take from said Government receipts and acquittances for the same: Provided , that the said Government of the Confederate States shall account for all such moneys as it may receive under this ordinance upon a general settlement of its affairs with the Government of the United States.

Section 2. And be it further enacted , That upon a full compliance with this ordinance, and the production to the Governor of the State of satisfactory evidence from the government of the Confederate States that it has been complied with, the Governor be, and he is hereby, authorized to cause to be cancelled the official bond heretofore given by the said Collector to the State of Alabama, under a former ordinance of this Convention, and now on file among the archives of the State.

Adopted, March 12, 1861.

No. 29]

AN ORDINANCE

In Relation To The 2nd Volunteer Regiment Of Alabama, And For Other Purposes

Be it ordained by the people of the State of Alabama in Convention assembled , That the ordinance of January 23d, 1861, "to re-organize the militia of the State of Alabama", does not, and was not intended to apply to any volunteer regiment or company of Alabama then in the actual service of the State.

Section 2. Be it further ordained , That the commissions hereafter issued to the officers of said regiments or companies, are hereby confirmed; and the Governor of the State is hereby empowered to issue commissions to officers of said regiments or companies, elected or appointed according to the constitution, rules and regulations of the same, in case of vacancy by death, removal or other cause: Provided , that the foregoing ordinance may at any time be altered, amended, or repealed, by the Legislature of the State.

Adopted, March 13th, 1861.

No. 30]

AN ORDINANCE

To Ratify And Adopt The Constitution Of The Confederate States Of America

Be it ordained by the people of Alabama in Convention assembled , That the Constitution framed and adopted on the 11th day of March, 1861, by the Deputies from the States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, in Convention assembled, at Montgomery, Alabama, be, and the same is hereby, approved, ratified and adopted, as the Federal Constitution for the people of Alabama

Done in Convention on the 13th day of March, 1861.

No. 31]

AN ORDINANCE

In Reference To The Construction Of All Changes Made In The Constitution Of The State Of Alabama

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That no change made in the Constitution of the State of Alabama by this Convention shall have the effect to divest any right, title, or legal trust, existing at the time of making such change. But all such changes shall have a prospective, and not a retrospective effect, unless otherwise declared in the change itself.

Adopted, March 14, 1861.

No. 32]

AN ORDINANCE

To Confer Jurisdiction Over The Forts And Arsenals In The State Of Alabama Upon The Confederate States Of America

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the Provisional Government of the Confederate States is hereby authorized to use, occupy, and hold possession of all forts, navy yards, and arsenals, and their appurtenances in this State, and shall repair and re-build said forts and arsenals, at its discretion, until this ordinance is repealed by a convention of the people of this State.

Adopted, March 14, 1861.

No. 33]

AN ORDINANCE

To Amend Certain Parts Of Chapter One, Of Title Two, Of Part Two, Of The Code Of Alabama, So As To Place The Holders Of Stocks Of The Confederate States Of America, And Of The State Of Alabama, On Equal Footing With The Holders Of United States Stocks

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That section 1373 of the Code of Alabama be amended by striking out the words "United States", where they occur, and inserting in lieu thereof the words "Confederate States of America".

Section 2. Be it further ordained , That section 1375 of the Code of Alabama be amended, by striking out all except the number thereof and inserting in lieu thereof the words following: "On legally transferring to the Comptroller such portion of the stock of the Confederate States of America, or of the State of Alabama, as is prescribed by section 1376 of this Code, such person or association desirous to engage in the business of banking in this State, or engaged in such business in this State, is entitled to receive from the comptroller an amount of such countersigned notes equal to double the market value, but not to exceed double the amount of the par value of such stocks. And any person or association engaged in such business, having deposited with the Comptroller any stocks of the United States, or of any other State, under the law as heretofore existing, may withdraw such stocks upon first depositing with the Comptroller an amount of the stocks of the Confederate States, or of the State of Alabama, equal in value to the amount of the stocks of the United States of America so withdrawn. But no person not a citizen of this State, and no foreign corporation shall hereafter engage in the business of banking in this State, nor shall in any way be a stockholder in a bank under the provisions of this law; but nothing herein contained shall affect the rights of any person or association now engaged in the business of banking under the provisions of the law as heretofore existing".

Section 3. Be it further ordained , That section 1393 of the Code of Alabama be amended by striking out the words "United States", where they occur, and inserting in lieu thereof the words "Confederate States of America".

Section 4. Be it further ordained , That the next or any subsequent Legislature may require any Free Bank, now or hereafter organized under this law, to retire its circulation so as to reduce the amount of the same, to an amount not to exceed the market value of the bonds deposited with the Comptroller, and the amount so retired shall be returned to, and cancelled by, the Comptroller.

Adopted, March 16, 1861.

No. 34]

AN ORDINANCE

To Lay Off The State Of Alabama Into Nine Congressional Districts

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That for the election of representatives in Congress of the Confederate States of America, this State is divided into nine Congressional Districts, as follows: The first District is composed of the counties of Lauderdale, Franklin, Lawrence, Limestone, Madison, and Morgan; the second District of Marion, Winston, Blount, Jefferson, Walker, Tuscaloosa, and Fayette; the third District of the counties of Jackson, Marshall, DeKalb, Cherokee, and St. Clair; the fourth District of the counties of Calhoun, Randolph, Talladega, and Shelby; the fifth district of the counties of Bibb, Perry, Marengo, Greene, Pickens, Sumter, and Choctaw; the sixth District of the counties of Dallas, Autauga, Coosa, Lowndes, Butler, and Montgomery; the seventh District of the counties of Tallapoosa, Chambers, Russell, and Macon; the eighth District of the counties of Barbour, Henry, Dale, Coffee, Pike, and Covington; the ninth District of the counties of Conecuh, Monroe, Wilcox, Clarke, Washington, Mobile, and Baldwin.

Section 2. Be it further ordained , That the sheriffs of the counties of Lawrence, Walker, Marshall, Talladega, Greene, Lowndes, Macon, Dale and Monroe, are the returning officers of their respective Congressional Districts, and the sheriffs of the other counties in their district must make returns to the returning officers above mentioned as now prescribed by law.

Section 3. Be it further ordained , That the ordinance be, and the same shall remain, in full force until otherwise provided by the General Assembly of the State of Alabama.

Adopted, March 18, 1861.

No. 35]

AN ORDINANCE

To Restrict The Legislature In Reference To The Creation Of Debts

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That the General Assembly shall not borrow or raise money on the credit of the State, except for purposes of military defense against actual or threatened invasion, rebellion, or insurrection, unless two-thirds of the members elected to each house shall concur. Nor shall the debt or liabilities of any corporation, person or persons, or other State be guaranteed, or any money, credit, or thing loaned, or given away, unless by a like concurrence of each house, voting in cases provided for in this section by ayes and noes, to be placed upon the Journals.

Adopted, March 18, 1861.

No. 36]

AN ORDINANCE

To Provide For The Payment Of Interest Semi-Annually On The Bonds Issued Under The Act Of The Legislature Of 29th January, 1861

Section 1.
Be it ordained by the Convention of the people of Alabama in General Assembly convened , That the bonds issued under the act of the Legislature of Alabama entitled "an act to raise money to provide for the military defense of the State of Alabama", shall bear interest at the rate of eight per centum per annum, payable semi-annually.

Section 2. Be it further ordained , That the Governor shall, in his discretion, make the said bonds and the interest on said bonds, or any of them, payable at any Bank in the city of Mobile, or elsewhere.

Section 3. Be it further ordained , That nothing in this ordinance shall apply to the bonds which have been, or may be, taken by the suspended Banks, and that such bonds shall be governed by the act of the Legislature mentioned in the first section of this ordinance.

Adopted, March 18, 1861.

No. 37]

AN ORDINANCE

To Amend And Construe An Ordinance Entitled "An Ordinance To Provide For The Military Defense Of The State Of Alabama", Adopted January 29th, 1861

Section 1.
Whereas, heretofore a portion of the volunteer force of the State of Alabama has been called into service under and by virtue of an order of his Excellency, the Governor; and whereas, doubts have arisen as to whether there be any appropriation out of which they can be paid;

Be it, therefore, ordained by the people of Alabama in Convention assembled , That it shall and may be lawful to pay the said volunteer force, together with all necessary expenses for transportation, clothing and subsistence, &c., while in the actual service of the State, (whether in or out of the State) from the money appropriated by an act of the General Assembly of the State of Alabama, entitled "an act making appropriations for the military defense of the State", approved February 6th, 1861, anything in said ordinance to the contrary, notwithstanding.

Adopted, March 19, 1861.

No. 38]

AN ORDINANCE

To Make Provision To Pay A Certain Military Company Therein Named

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the Governor of the State be, and he is hereby, authorized to settle the account of the Governor's Guard against the State for rations to which the said company was entitled whilst in the service, at the rate per ration established by the army regulations.

Adopted, March 19, 1861.

No. 39]

AN ORDINANCE

To Allow Mileage To John R. Kenan And John F. Welch

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That John R. Kenan and John F. Welch, of the county of Shelby, be, and they are hereby allowed mileage to and from their residences in said county, and per diem for the time they were actually in attendance at the seat of Government, in connection with the contest of the election of Delegates to this Convention from the county of said Shelby, and that the Comptroller is hereby authorized and required to issue his warrant to said parties for mileage and per diem as aforesaid, agreeable to the law regulating mileage and per diem of members of this Convention, upon affidavit by said parties of the distance traveled, and time in attendance at the capitol as aforesaid.

Adopted, March 19, 1861.

No. 40]

AN ORDINANCE

To Provide For Certain Expenses In Preparing The Acts And Journals Of The Late (Called) Session For The Press, And The Distribution Of The Same, And For Other Purposes

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled, and it is hereby ordained by the authority of the same , That the sum of nine hundred dollars is hereby appropriated to pay for the distribution of the laws and journals of the late called session of the General Assembly, and the journals of the Convention of the people of Alabama, and that the Comptroller of Public Accounts is required to draw his warrant on the State Treasurer, in favor of the agents employed by the Secretary of State, upon his certificate that they have distributed their respective districts, for the amount of their respective contracts; which amounts must be stated in the certificate of the Secretary of State.

Section 2. Be it further ordained , That the Secretary of State be allowed the sum of six hundred dollars for placing maginal notes to the laws, reading proof-sheets, and superintending the printing of the same, copying the journals of both houses at the late session, and the journals of the Convention, preparing indices to the laws and the journals of both bodies, and superintending the distribution of the same; and that the Comptroller draw his warrant in favor of said Secretary for said sum, for said services.

Section 3. And be it further ordained , That the sum of fifteen hundred dollars be, and the same is hereby, appropriated to pay for three hundred copies of Smith's History and Debates of the Convention, according to the provisions of the resolution passed by this Convention on the 11th day of March, 1861, and the Comptroller is hereby required to issue his warrant on the Treasurer for the payment thereof, whenever the Governor shall certify that said copies have been delivered in conformity with said resolution.

Section 4. And be if further ordained , That the sum of one hundred dollars is appropriated to pay A. G. Horn, Secretary of this Convention, for extra services; and that the Comptroller be authorized to draw his warrant on the Treasurer of the State in favor of A. G. Horn, Secretary of this Convention, for the sum of one hundred dollars for extra services rendered.

Adopted, March 20th, 1861.

No. 41]

AN ORDINANCE

To Provide For the Printing Of The Constitution Of The State Of Alabama

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the Judges of the Supreme Court of this State be constituted a Committee to superintend and supervise the printing of the Constitution of the State of Alabama.

Adopted, March 20, 1861.

No. 42]

AN ORDINANCE

To Provide For The Enrollment Of The Constitution Of The State Of Alabama

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the Committee to revise the Constitution be authorized to select suitable persons to contract for and superintend the enrollment of the Constitution of Alabama, on parchment, as nearly as may in the manner in which the Constitution of the Confederate States has been enrolled; and that on the certificate of the persons so selected by the Committee, countersigned by the chairman of said Committee, the Comptroller draw his warrant on the Treasurer for the sum so found to be due by them for said enrollment.

Adopted, March 20, 1861.

No. 43]

AN ORDINANCE

In Relation To Cancelled Land Entries

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That the Mobile and Girard and Alabama and Florida Rail Road Companies are hereby authorized to select, by their agents, from any of the public lands of the State, within fifteen miles on either side of the lines of their respective roads as fixed by their surveys, a quantity of land in the even numbered sections of land equal to, and in lieu of, such lands as may have been located or entered on and between the 23d day of June and the 9th day October, 1856, under the construction of the act of Congress of the 17th May, 1856, granting lands to said roads; and upon such selections of land by said Rail Road Companies, and their filing with the Commissioner of public lands, a list of the lands so selected, and their relinquishment of all claims upon the land entered within the times named by private individuals, the Governor of the State shall issue patents to said Rail Road Companies, respectively, for lands so selected, as in other cases, but no charge shall be made by the officers of the land office for such service.

Section 2. Be it further ordained by the people of the State of Alabama in Convention assembled , That the lands entered at the Greenville and Elba land office districts on and between the 23d day of June and the 9th day of October, 1856, be, and the same are hereby, confirmed; and as soon as practicable, after said Rail Road Companies shall have made their selections, as provided for in the preceding section of this ordinance, the Governor shall issue patents to the persons who made said entries or locations; Provided, however , no person who entered lands between the times above mentioned, and who has since made application and received back his or her purchase money from the late United States Government, shall be entitled to the benefit of this ordinance; Provided, further , that this ordinance shall not apply to any cancelled land entered in odd sections, which have been bona fide sold by the said Rail Road Companies.

Adopted, March 20, 1861.

No. 44]

AN ORDINANCE

To Make An Appropriation For A Certain Purpose Therein Named

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the sum of twenty-five dollars is hereby appropriated to pay Samuel B. Brewer, for his services as clerk to the Committee on the Constitution.

Adopted, March 20, 1861.

No. 45]

AN ORDINANCE

To Define And Explain The Effect Of The Ordinances Adopted By This Convention

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That the General Assembly of this State shall have no power to repeal, alter, or amend any ordinance of this Convention incorporated in the Constitution as revised by this Convention; all the other ordinances of this Convention are to be considered and regarded as legislative enactments, and may be altered, amended, or repealed by the General Assembly of this State.

Adopted, March 20, 1861.

No. 46]

AN ORDINANCE

To Provide For The Permanent Seat Of Government Of The Confederate States Of America Within The Limits Of Alabama

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the General Assembly of this State is hereby authorized and required to cede by law, to the Confederate States of America, exclusive jurisdiction over a District in this State not exceeding ten miles square, whenever satisfactory information has been furnished that the Congress of the Confederate States desires and intends to establish therein the permanent seat of Government of the said Confederate States.

Section 2. Be it further ordained , That if it shall appear that the proposed seat of Government is to be placed in a district which lies partly in this State and partly in another State, then the General Assembly shall cede so much thereof less than ten miles square as may be within the limits of this State, and vest in the Congress exclusive jurisdiction over the same, in the same manner and under the same restrictions as are provided in the first section of this ordinance.

Section 3. Be it further ordained , That all the public lands belonging to this State which may remain at the time of the selection by Congress of said district, and lying within the same, shall vest absolutely in the Government of the Confederate States, and patents therefor may issue on application to the Land Commissioner of this State.

Section 4. Be it further ordained , That no such cession by the General Assembly shall become effectual until a provision is made by law to take a vote of the legally qualified voters within said district, which vote shall determine whether a majority of the people thereof are for or against the cession; and if favorable, then the jurisdiction of Alabama shall be divested; but if otherwise, then the General Assembly shall decline to yield jurisdiction or to make the cession, as provided in sections one and two.

Adopted, March 20, 1861.

No. 47]

AN ORDINANCE

In Relation To The Waste And Unappropriated Land In The State Of Alabama

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That all the waste and unappropriated public domain within the limits of the State of Alabama is the property of said State, and the title, control and jurisdiction of the same are hereby assumed by the State; and all public lands lying within the State not sold or appropriated to specific purposes by the government of the United States previous to the eleventh day of January, A. D., 1861, are hereby vested in the State of Alabama, and they and the proceeds of the sales thereof shall enure to the benefit of the people of the State.

Section 2. That the receivers of public money at the several land offices in this State, as established under the acts of Congress of the United States, in force previous to the 11th of January, 1861, be, and same are hereby, instructed and required to retain all sums of money paid into their hands, as such receivers, previous to and since said 11th January, 1861, and to hold the same subject to the order of the Treasurer of the State. And the State of Alabama is hereby pledged to indemnify and save harmless such receivers of public money and their sureties on their official bond to the government of the United States for any loss or damage they may sustain by complying with this ordinance.

Section 3. That the registers of the several district land offices, and the receivers of public money for lands in said districts of this State are hereby removed and their offices vacated, and the duties heretofore required by law to be performed by the registers and receivers of the several land offices shall be performed by one person at each office, who shall be styled the register and receiver, and who shall be appointed by the Governor for such term as the General Assembly may by law provide, and all such officers, except in the land districts where said offices are herein abolished, are hereby appointed to their said several offices respectively for the unexpired period of their terms: Provided , They are willing to accept the same under the authority of the State of Alabama; but, on their refusal to accept the appointments as conferred, then the Governor of this State is hereby authorized to fill such vacancies for the unexpired period of said terms. And, upon the appointment of such registers and receivers as herein provided for, such appointees shall be required to enter into bond, with good and sufficient sureties, to be approved by the Judges of Probate of the counties in which their respective land offices are situated, in such sums as the Governor of this State may prescribe, conditioned for the faithful payment into the State treasury of all moneys which may be received by them upon the sale of the public lands, and for the faithful performance of all the duties which may be enjoined by law.

Section 4. That it shall be the duty of said registers and receivers to preserve all books , charts, maps, field-notes, patents and other muniments of title which may now be in the different land offices in this State, or which may be sent to and deposited in their offices, and hold the same at the sole disposition of the constituted authorities of the State; and, upon their resignation, removal, or the expiration of the terms of their offices, they shall turn over the same to the custody of their successors in office; and they shall be required to make monthly returns to the commissioner of public lands of all sales of public lands in their respective offices since the 11th day of January, 1861, and they shall pay over all moneys which may be received by them upon the sales of said lands, upon the order of the Treasurer of the State.

Section 5. That within ninety days from the passage of this ordinance, it shall be likewise the duty of the registers and receivers aforesaid to return to the Commissioner of public lands a full and complete statement, such as he shall require, of all the public lands within their respective districts, designating such as may have been relinquished to this State, under various acts of Congress of the United States, as swamps and overflowed lands, or donated for the use of schools and for the University of Alabama, or to aid in the construction of different rail roads, or for other purposes; and also such lands as were expressly reserved by the Government of the United States and undisposed of on the eleventh day of January, 1861.

Section 6. That there shall be established a department of public lands, the office of which shall be fixed at the seat of government, and denominated the State Land Office, with a chief officer to conduct the business of the same, to be called the Commissioner of Public Lands, whose duty it shall be to superintend, execute and perform all acts and things touching and respecting the public lands of the State as hereinafter prescribed; and he shall appoint a draughtsman to be employed under his direction as an assistant in his said office in the performance of his duties, who shall receive an annual salary of twelve hundred dollars, payable quarterly; and, in all cases where the office of Commissioner shall become vacant, said assistant shall have charge and custody of the seal, and all the records, books and papers belonging to said office.

Section 7. The said Commissioner of public lands, and every clerk to be appointed and employed in his said office, shall, before he enters on the duties of his office, take an oath or affirmation truly and faithfully to execute the trust committed to him. And the said commissioner shall cause a seal of office to be made and provided for the said office, with such device as the Governor shall approve, and copies of any records, books or papers belonging to said office, certified under the seal of the said office, shall be competent evidence in all the courts of justice in this State, and in all cases in which the original records, books or papers could be evidence.

Section 8. That the statement of all the public lands required by the fifth section of this ordinance to be returned by the registers and receivers of the several district land offices in the State, to the Commissioner of public lands; and such other records, papers and books as shall or may be deposited in said office pursuant to the law shall become and be deemed the records, books and papers of the said office, and the same shall be under his custody and control.

Section 9. That all returns to the public lands of the State, shall hereafter be made to the Commissioner of public lands, who shall have power to audit and settle all such accounts relative to the public lands; Provided , that it shall be the duty of said Commissioner, upon the settlement of any such account, to certify the balance and transmit the account with the vouchers and certificate to the Comptroller for his examination and decision thereon, whose decision shall be final.

Section 10. That said office of Commissioner of public lands hereby created shall first be filled by an election to be made by this convention, and that all subsequent elections to fill such office shall be made by the General Assembly of the State, and when a vacancy shall occur in said office in the recess of the Legislature, the Governor of the State shall fill the same, and the person so appointed shall hold his office until the end of the ensuing session of the General Assembly. That said Commissioner shall hold his office for the term of four years, and receive an annual salary of two thousand five hundred dollars, payable quarterly.

Section 11. That the Commissioner of public lands is hereby authorized and empowered to determine upon the principles of equity and justice, and according to the established rules of law, all cases of suspended entries under any law or ordinance of the United States in force on the 11th January, 1861, and then pending, or existing in the general land office of the United States, and relating to lands lying within this State, and to adjudge in what cases patents shall issue upon the same: Provided , That such adjudications shall be made within two years from the passage of this ordinance, and be approved by the Attorney-General of the State, and shall operate only to divest the State of the title to the land embraced by such entries.

Section 12. That the registers and receivers shall be chosen as follows, to-wit: They shall be nominated by the Commissioner of public lands and confirmed by the Senate of the State, and shall hold their offices for the term of four years; but shall be removable from office, at the pleasure of the Governor, the Attorney-General and the Commissioner of public lands, who shall act jointly in making such removal, and vacancies thus created shall be filled by the Commissioner of public lands, and the the appointee shall hold office until the end of the next session of the General Assembly. That the said registers and receivers shall receive an annual salary of five hundred dollars each, and a commission of one per centum on all the moneys expressed in the receipts by them filed and entered, and for which they shall have transmitted an account to the Commissioner of public lands: Provided, always , that the whole amount which any register and receiver of any land office shall receive under the provisions of this section shall not exceed for one year the sum of two thousand dollars.

Section 13. That it shall be lawful for the Commissioner of public lands to allow the several registers and receivers in the several land offices a reasonable compensation for transmitting to and depositing such moneys in any bank or other place of deposit that may, from time to time, be designated by the Treasurer of the State for that purpose, which compensation shall be regulated according to the actual labor, expense and risk of such transportation to the place of deposit and returning therefrom.

Section 14. The registers and receivers of the several land offices shall make to the treasurer of the State monthly returns of the moneys received in their several offices, and pay over such money pursuant to his instructions; and they shall also make to the Commissioner of public lands like monthly returns, and transmit to him quarterly accounts current of the debits and credits of their several offices in the State.

Section 15. If any person shall apply to any register and receiver of any land office, to enter any land whatever, and the said register and receiver shall knowingly and falsely inform the person so applying that the same has already been entered, and refuse to permit the person so applying to enter the same, such register and receiver shall be liable therefor to the person so applying to the amount of five dollars for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount, and shall be deemed guilty of a misdemeanor, and on conviction shall be fined in such sum as the jury may assess, not to exceed five thousand dollars, and may be imprisoned at the discretion of the court not exceeding six months.

Section 16. The register and receiver of any of the district land offices of the State shall authorized, and it shall be the duty of said officer, to administer any oath or oaths which now are or hereafter may be required by law in connection with the entry or purchase of any tract of land; and if any person shall knowingly and wilfully swear falsely to any fact contained in any oath or affidavit so taken or made, he or she shall be deemed guilty, and held guilty of perjury, and shall, on conviction, suffer all the pains, penalties, and disabilities which attach to said crime in other cases of perjury under the laws of the State: Provided , that such officers shall not charge, or receive any compensation for administering such oaths.

Section 17. That no register and receiver of any land office or person employed in any such office shall, directly or indirectly, be concerned in the purchase of any public land subject to sale and entry in the land office, placed under his charge or in which he is an officer, and in case of violation of this provision by any such officer, proof thereof being made to the Commissioner of public lands, he shall be forthwith removed from office.

Section 18. That the boundaries and contents of the several sections, half sections and quarter sections of the public lands of this State, in any contest between the State of Alabama and purchasers therefrom which have heretofore been run, determined and ascertained under the laws and regulations of the United States, while said lands were a part of the public domain of the said United States, are hereby recognized and established as the boundaries and proper contents thereof; and all the corners marked in the surveys of said United States shall be established as the proper corners of sections or sub-divisions of sections, which they were intended to designate; and the corners of half-quarter sections not marked on the said surveys, shall be placed as nearly as possible equi-distant from those two corners which stand on the same line. And that the boundary lines actually run and marked in the surveys shall be established as the proper boundary lines of the sections or sub-divisions for which they were intended, and the length of such lines as returned in said surveys shall be held as the true length thereof as between the State and such purchasers; and the boundary lines which shall not have been actually run and marked as aforesaid, shall be ascertained by running straight lines from the established corner to the opposite corresponding corner, but in those portions of the fractional townships where no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running from the established corners north and south, or east and west lines, as the case may be, to the water-course or other external boundary of such fractional township, conforming to the mean variation of the established survey heretofore made by the United States.

Section 19. Every person being the head of a family, or a single man or woman, over the age of twenty-one years, or widow, and being a citizen of the State of Alabama, who, since the 11th day of January, 1861, has made or shall hereafter make a settlement in person on the public lands of the State, and who shall inhabit and improve the same, and who has or shall erect a dwelling thereon, shall be, and is hereby, authorized to enter with the register and receiver of the land office in which such land may lie, by legal sub-divisions, any number of acres not exceeding one hundred and sixty, or a quarter section of land, to include the residence of such claimant, upon paying to the State of Alabama the minimum price of such land, subject, however, to the following limitations and exceptions, viz: No person shall be entitled to more than one pre-emptive right by virtue of this act; no person who is the proprietor of three hundred and twenty acres of land in any State or Territory of the Confederate States, and no person who shall quit or abandon his residence on his own land, to reside on the public lands in this State, shall acquire any right of pre-emption under this act; no lands, or sections of land, reserved to the United States alternate to other sections, granted by said United States Government to this State for the construction of any canal, railroad or other public improvement; no sections, or fractions of sections, included within the limits of any corporated town; no portion of the public lands which has been selected as the site for a city or town, and no lands included in any reservation, by any treaty or laws of the United States, previous to the 11th January, 1861, or reserved in said laws for salines or for other purposes, or on which are situated any know salines, shall be liable to entry under and by virtue of the provisions of this section.

Section 20. When two or more persons have settled on the same quarter section of land, the right of pre-emption shall be in him or her who commenced or shall commence the first improvement: Provided , such person shall conform to the other provisions of this law, and all questions as to the right of pre-emption, arising between different settlers, shall be settled by the register and receiver of the district within which the land is situated, subject to an appeal to and a revision by the Commissioner of public lands.

Section 21. Prior to any entries being made under the provisions of this ordinance, (section nineteen) proof of the settlement and improvement thereby required, shall be made to the satisfaction of the register and receiver of the land district in which such lands may lie, agreeably to such rules as shall be prescribed by the Commissioner of public lands, who shall be entitled to receive fifty cents from each applicant for his services, to be rendered as aforesaid, and all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void.

Section 22. Before any person claiming the benefit of this act shall be allowed to enter such lands, he or she shall make oath, before the register and receiver of the land district in which the land is situated, or before some other person authorized by the laws of this State to administer oaths, that he or she never had the benefit of any right of pre-emption under this act, that he or she is not the owner of three hundred and twenty acres of land in any State or Territory of the Confederate States, nor hath he or she settled upon and improved said lands to sell the same on speculation, but in good faith to appropriate it to his or her own exclusive use or benefit; and that he or she has not directly or indirectly made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he or she might acquire from the government of the State, should inure in whole or in part to the benefit of any person, except himself or herself; and if any person taking such oath shall swear falsely in the premises, he or she shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he or she may have paid for said land, and all right and title to the same; and any grant or conveyance which he or she shall make, except in the hands of bona fide purchasers, for a valuable consideration, shall be null and void, and it shall be the duty of said district officer to file a certificate of said oath in his office, and to transmit a duplicate copy to the State land office, either of which shall be good and sufficient evidence that such oath was administered according to law.

Section 23. Whenever any person has settled or shall settle and improve any tract of land, subject at the time of settlement to private entry, and shall intend to purchase the same under the provisions of this law in regard to pre-emption, such person shall, in the first case, within three months, after the 11th January, 1861, and, in the last case, within thirty days after the date of such settlement, file with the register of the proper district, a written statement, describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of this act, and shall, where such settlement is already made, within twelve months after the passage of this act, and where it shall hereafter be made within the same period after the date of such settlement, make proof, affidavit and payment herein required, and if he or she shall fail to file such written statement as aforesaid, or shall fail to make such affidavit, proof and payment within twelve months aforesaid, the tract of land so settled and improved shall be subject to the entry of any other purchaser.

Section 24. In any case where a party entitled to claim the benefits of this pre-emption law shall have died before consummating his claim, by filing in due time all the papers essential to the establishment of the same, it shall be competent for the executor or administrator of the estate of such party, or one of the heirs, to file the necessary papers to complete the same: Provided , the entry in such cases shall be made in favor of "The heirs" of the deceased pre-emptor, and a patent thereon shall cause the title to inure to said heirs, as if their names have been specially mentioned.

Section 25. That the pre-emption laws of the State shall extend over the alternate reserved sections of public lands along the lines of all the rail roads in the State, wherever public lands have heretofore been granted by acts of the Congress of the United States, and also wherever the State may hereafter grant lands to rail roads, and that it shall be the privilege of the persons residing on any of said reserved lands to pay for the same in soldier's bounty land warrants, owned by any citizen of this State on the 11th January, 1861, estimated at a dollar and twenty-five cents per acre, or in any funds receivable for State taxes, or both together, in preference to any other person, and the price to be paid in all such cases shall be two dollars and fifty cents per acre.

Section 26. That every settler on public lands which have been or may be withdrawn from market in consequence of proposed rail roads, and who had settled or shall settle thereon, prior to the time when the lines of such rail roads have been or may be definitely fixed, shall be entitled to pre-emption at the ordinary minimum to the lands settled on and cultivated by them: Provided , they shall prove up their rights and pay for the land entered, according to the rules and regulations prescribed in other cases of pre-emption claimants.

Section 27. That every person making application at any of the district land offices in the State, for the purchase at private sale of a tract of land, shall produce to the register and receiver a memorandum in writing, describing the tract which he shall enter, by the number of the section, half section or quarter, (as the case may be), and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office.

Section 28. That all the public lands of the State, the sale of which is authorized by law, may, when offered at private sale, be purchased at the option of the purchaser, either in entire sections, half sections, quarter sections, half quarter sections, or quarter quarter sections; and said lands shall be subject to sale at the following stated prices, to-wit: Such lands as were reserved by the United States on the 11th January, 1861, from sale, in consequence of the same being in sections alternate to other sections granted by said government to this State, for the construction of any canal, rail road, or other internal improvement, and such lands as this State shall hereafter reserve for similar purposes, shall not be sold for less than two dollars and fifty cents per acre; all the other public lands shall be sold and entered at a price not less than one dollar and twenty-five cents per acre: Provided , that none of the lands reserved from sale to pre-emptors in section nineteen of this ordinance, shall be subject to entry, under this section, excepting those lying within six miles of rail roads, and known as the alternate even sections along said roads.

Section 29. That all the lands of the State, which shall have been in market, either under the laws of the United States or under the laws of this State, or under the laws of both taken together, for ten years and upwards prior to the time of application to enter the same under the provisions of this ordinance, and still remaining unsold, shall be subject to sale at the price of one dollar per acre; and all the lands of the State that shall have been in market for fifteen years or upwards, as aforesaid, and still remaining unsold, shall be subject to sale at seventy-five cents per acre; and all lands of the State that shall have been in market for twenty years or upwards, as aforesaid, and still remaining unsold, shall be subject to sale at fifty cents per acre; and all the lands of the State that shall have been in market for twenty-five years and upwards, as aforesaid, and still remaining unsold, shall be subject to sale at twenty-five cents per acre; and all lands of the State that shall have been in market for thirty years or more, shall be subject to sale at twelve and-a-half cents per acre: Provided , this section shall not be so construed as to extend to lands reserved from entry by pre-emptors, under section nineteen of this ordinance; And provided further , that no person shall be entitled, under the provisions of this section, to enter more than three hundred and twenty acres of land.

Section 30. Any person applying to enter any of the aforesaid lands, shall be required to make affidavit before the register and receiver of the proper land office, or some person authorized by law to administer oaths, that he or she enters the same for his or her own use, and for the purpose of actual settlement and cultivation, or for the use of an adjoining farm or plantation owned or occupied by him or herself; and, together with said entry, he or she has not acquired from the United States, or from this State, under the provisions of the laws of the United States, or of this State, more than three hundred and twenty acres at the graduate price.

Section 31. That upon every reduction in price, under the provisions of this ordinance, the occupant and settler upon the lands shall have the right of pre-emption, at such graduated price, upon the same terms, conditions, restrictions and limitations upon which the public lands of the State are now subject to the right of pre-emption, until within thirty days preceding the next graduation or reduction that shall take place, and if not so purchased, shall again be subject to right of pre-emption for eleven months as before; and so on from time to time as reductions take place.

Section 32. All patents for lands hereafter entered upon the provisions of this ordinance, or located under any warrant or bounty land, issued by the United States and owned by any citizen of Alabama on the 11th January, 1861, shall be issued in the name of the State of Alabama, and under the seal of the State land office, and be signed by the Governor of the State and countersigned by the Commissioner of public lands, and shall be recorded in ths said office, in books to be kept for the purpose.

Section 33. That in all cases where patents for public lands may hereafter be issued in pursuance of this ordinance to a person who shall die before the date of such patent, the title to the land designated therein, shall inure to and become vested in the heirs, devisees, or assignees of such deceased person, as if the patent had issued to the deceased person during life.

Section 34. In case of any claim to land in this State, which has heretofore been confirmed by law, and in which no provision was made by the confirmatory statute for the issue of patents, and in all cases where lands have been entered, or located under any land warrant previous to the secession of the State, and certificates of entry given to the purchasers, and patents therefor have been issued to said purchaser previous to the passage of the ordinance of secession, it shall and may be lawful for patents to issue under the authority of this State, and as prescribed in this ordinance for the issuance of patents in other cases, and any entries made by purchasers at any of the land offices since the 11th day of January, 1861, are hereby ratified and confirmed, and the Commissioner of public lands is directed to issue patents for the same in the name of the State of Alabama, as in other cases.

Section 35. That all bounty land warrants issued by the Government of the United States to any citizen of this State, and held and owned by such citizen or his legal representatives, on the 11th day of January, 1861, may be located by such citizen, his heirs, executors or administrators, upon any land subject to private sale or entry under the laws and regulations in force in this State upon the subject of public lands after the passage of this ordinance.

Section 36. That every citizen of this State, whether male or female, who shall not, in his or her own right, be the owners of land, and who is at the same time the head of a family, shall be entitled to enter eightly acres of land free of all costs and charges, provided the applicant shall make affidavit before some qualified officer of such facts, and that he or she enters the said land for a homestead for himself or herself, and that he or she will proceed to improve and reside upon the same within twelve months next ensuing, which said land shall inure to the use and benefit of said applicant, and shall be exempt from sale by execution or otherwise without the consent of the wife duly attested in writing before a magistrate.

Section 37. That as soon as practicable after the passage of this ordinance, the Governor of this State shall issue his proclamation declaring that the waste and unappropriated lands of the State shall, at the expiration of thirty days from the date thereof, be subject to sale or private entry at the several land offices in the State.

Section 38. Where an actual settler on the public lands has sought, or shall hereafter attempt, to locate the land settled on and improved by him with a military land warrant, and when, from any cause, an error has occurred in making said location, said settler may be authorized to relinquish the land so erroneously located and to locate such warrant upon the land so settled upon and improved by him if the same shall then be vacant, and if not, upon any other vacant land, on making proof of these facts to the satisfaction of the land officers according to such rules and regulations as may be prescribed by the Commissioner of public lands.

Section 39. That the Commissioner of public lands shall have power, and he is hereby required, to cause to be printed and distributed amongst the several land offices in the State all such blanks and forms as he may deem necessary to facilitate the entries of lands by purchasers, and to enable the land officers to keep accurate accounts and make prompt and correct returns of all sales in their respective offices; and said Commissioner is authorized to prescribe such rules and regulations for the entry and sale of lands, and the location of land warrants not herein provided for, as he may find necessary to expedite the business of the several land officess, and ensure the faithful and accurate performance of the duties of the registers and receivers thereof.

Section 40. Wherever the Commissioner of public lands shall be satisfied that the boundaries of the different land districts of the State, as established and recognized herein, require to be changed, and different lines established for said district, so as to make the land offices more acceptable to the citizens of the State resident in said districts, he shall be authorized and required to issue his proclamation and publish the same in a newspaper printed at the seat of Government, and cause the same also to be posted at each land office to be affected thereby, at least sixty days before the proposed change, in which proclamation said Commissioner shall designate the proposed limits of the different land districts; and, at the expiration of said period, he shall fix and establish the boundaries as designated in said proclamation or establish such other lines as he shall think most advisable, of which he shall give public notice in a newspaper published at the seat of Government for sixty days, at the expiration of which time the boundary shall be as established by said Commissioner, and he shall cause a transfer of all books, papers, records, &c., necessary to conform to the new districts.

Section 41. When any mistake may be made by the purchaser of public lands entering a tract different from that he intended to purchase in consequence of any error existing in the land office or growing out of any information given by, or mistake of any register and receiver thereof, and when any mistake may be made by the purchaser of any tract of land not intended to be entered, by mistake of the true numbers of the tract intended to be purchased, where the tract thus erroneously entered does not in quantity exceed one-half section, and where the certificate of the original purchaser has not been assigned or his right in any way transferred, and where six months from the time the entry shall have been made may not have elapsed, or the patent issued for the tract erroneously entered, said purchaser in each of the above state cases, or, in case of his death, his legal representatives may file his affidavit of the facts, and that every reasonable precaution had been used to avoid the error, and thereupon be entitled to change his entry and transfer the payment from the tract erroneously entered to that intended to be entered if unsold, but if sold, to any other tract liable to entry, provided that nothing herein contained shall affect the rights of third persons.

Section 42. That every person trespassing on the public lands may be indicted and fined not less than ten dollars for each trespass by the circuit court of the county in which the trespass may be committed.

Adopted, March 20, 1861.

No. 48]

AN ORDINANCE

In Relation To The Greenville Land Office

Section 1.
Be it ordained by the people of Alabama in Convention assembled , That the register and receiver of the land office at Greenville be authorized to obtain for the use of said offices copies of all patents, and of all books, maps and other papers of said offices recently burned, as far as in their power to suppley every paper, document, map, book, &c., thus destroyed; and the expense of all said matters shall be allowed in their accounts on settlement with the authorities of this State.

Adopted, March 20, 1861.

No. 49]

AN ORDINANCE

In Relation To Forfeited Lands

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That certificates of registers of the late United States land office for money paid on land forfeited shall be receivable in payment for any of the public lands of this State subject to private entry, as so much money, in pursuance and in accordance with an act of Congress of United States of the 23d day of May, 1828, "entitled an act for the relief of purchasers of the public lands that have reverted for non-payment of the purchase money": Provided , such forfeiture was on lands comprised within the present boundaries of the State of Alabama, and the parties forfeiting and now claiming were, and are now resident citizens of this State.

Adopted, March 20, 1861.

No. 50]

AN ORDINANCE

To Authorize And Direct The Governor To Rescind A Contract Therein Referred To

Section 1.
Be it ordained by the people of the State of Alabama in Convention assembled , That the Governor of the State be authorized, and he is hereby required to rescind a contract heretofore entered into by him, on the part of the State, with James R. Powell, S. S. Houston, and others, for the purpose of selecting and locating certain lands designated in the acts of Congress of 28th September, 1850, and 3d March, 1857, as swamp and overflowed lands, and that he is authorized to settle with them for such services as they have already rendered the State, upon just and reasonable terms: Provided , that the consent of said Commissioners to the rescission of said contract shall be first had and obtained.

Section 2. Be it further ordained , That all land selected by the said Commissioners as swamp and overflowed lands, but for which no patents were issued by the United States to this State, are hereby declared to be public lands of the State, and subject to disposal under the laws prescribed for the sale and disposal of other public lands of the State.

Adopted, March 20, 1861.


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