AN ACT To enable the People of the Alabama Territory to form a Constitution and State Government, and for the Admission of such State into the Union, on an equal footing with the original States.-Passed March 2, 1819. The inhabitants of Alabama authorized and state governm't To be admitted into the Union. Boundaries of SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the inhabitants of the territory of Alabama be, and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they may to form a condeem and that the said territory when formed into stitution proper; a state, shall be admitted into the Union, upon the same footing with the original states, in all respects whatsoever. SEC. 2. And be it further enacted, That the said state shall consist of all the territory included within the following the state. boundaries, to-wit; Beginning at the point where the thirtyfirst degree of north latitude intersects the Perdido river; thence, east, to the western boundary line of the State of Georgia; thence, along said line, to the southern boundary line of the state of Tennessee; thence, west, along said boundary line, to the Tennessee river; thence, up the same, to the mouth of bear creek; thence, by a direct line, to the north-west corner of Washington county; thence, due south, to the Gulf of Mexico; thence, eastwardly, including all islands within six leagues of the shore, to the Perdido river; and thence, up the same, to the beginning. survey lands within six Including isleagues of the shore. The line of demarcation between Mississippi and the state to be for med, to be run and cut by the surveyors of lands south of SEC. 3. And be it further enacted, That it shall be the duty of the surveyor of the lands of the United States south of the state of Tennessee, and the surveyor of the public lands in the Alabama territory, to run and cut out the line of demarcation, between the state of Mississippi and the state to be formed of the Alabama territory; and if it should appear to said ors, that so much of said line designated in the preceding section, running due south, from the north-west corner of Wash- Tennessee and ington county to the Gulf of Mexico, will encroach on the ofAlabama;and counties of Wayne, Green, or Jackson, in said state of Mis- if it should apsissippi, then the same shall be so altered as to run in a direct pear, &c. line from the north-west corner of Washington county to a point on the Gulf of Mexico, ten miles east of the mouth of the river Pascagola. SEC. 4. And be it further enacted, That all white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said territory three months previous to the day of election, and all persons having, in other respects, the legal qualifications to vote for represen Qualified vo ters to choose representatives stitution. to form a con tatives in the General Assembly of the said territory, be, and they are hereby authorized to choose representatives to form of representa a constitution, who shall be appointed among the several counties as follows: Appointment tives. Madison. Monroe. Blount. Limestone. Montgomery. Clarke. Baldwin. Cahawba. Conecuh. Dallas. Marengo. Marion. Mobile. Lauderdale. St. Clair. Autauga. Election to be From the county of Madison, eight representatives: And the election for the representatives aforesaid shall be holden on the holden on the first Monday and Tuesday in May next, throughfirst Monday out the several counties in the said territory, and shall be conand Tuesday in ducted in the same manner, and under the same regulations, as May, 1819, &c. prescribed by the laws of the said territory, regulating elections therein for the members of the house of representatives. Members of the 1819,and to de termine, &c. SEC. 5. And be it further enacted, That the members of the convention to convention thus duly elected, be, and they are hereby authomeet at Hunts- rized to meet, at the town of Huntsville, on the first Monday ville on the first in July next; which convention, when met, shall first determine, Monday in July by a majority of the whole number elected, whether it be, or be not, expedient, at that time, to form a constitution and state government for the people within the said territory: And if it Convention au- be determined to be expedient, the convention shall be, and thorized to form hereby are, authorized to form a constitution and state governa constitution, &c. Proviso; ment: Provided, that the same, when formed, shall be repubthe government lican and not repugnant to the principles of the ordinance of to be republican the thirteenth of July, one thousand seven hundred and eightyand not repug- seven, between the people and states of the territory north-west nant to the or- of the river Ohio, so far as the same has been extended to the 13th July, 1737 said territory, by the articles of agreement, between the United States and the state of Georgia, or of the constitution of the United States. dinances of so far, &c. convention; to Propositions SEC. 6. And be it further enacted, That the following propooffered to the sitions be, and the same are hereby offered to the convention of be obligatory if the said territory of Alabama, when formed, for their free acaccepted. ceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States : 1 Sec. No. 16, First. That the section numbered sixteen in every township, in every town and when such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the ship for the use same, shall be granted to the inhabitants of such townships for of schools. the use of schools. Second, That all salt springs within the said territory, and 2. Salt springs the lands reserved for the use of the same, together with such and lands for other lands as may, by the President of the United States, be working them granted to the deemed necessary and proper for working the said salt springs, state, for the not exceeding in the whole the quantity contained in thirty-six use of the peoentire sections, shall be granted to the said state, for the use of the ple. people of the said state, the same to be used under such terms, conditions, and regulations, as the legislature of the said state shall direct: Provided, the said legislature shall never sell nor legislature not lease the same for a longer term than ten years at any one to sell nor lease time. Proviso; the for more than Third. That five per cent. of the net proceeds of the lands ten years. lying within the said territory, and which shall be sold by con3. Five pr. ct. gress, from and after the first day of September, in the year of land, sold afof net proceeds one thousand eight hundred and nineteen, after deducting all ter 1st Sept. the expenses incident to the same, shall be reserved for making 1819, to be republic roads, canals, and improving the navigation of rivers, served for makof which three-fifths shall be applied to those objects within ing public roads the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of congress. canals, &c. 4. An entire ther with the one heretofore may reserve two sections. waste lands. to Fourth, That thirty-six sections, or one entire township, to township for a be designated by the Secretary of the Treasury, under the di- seminary of rection of the President of the United States, together with the learning togeone heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature reserved. of the said state, to be appropriated solely to the use of such The secretary seminary by the said legislature. And the Secretary of the of the treasury Treasury under the direction as aforesaid, may reserve the them in small seventy-two sections; or two townships, hereby set apart for tracts. the support of a seminary of learning, in small tracts: Provi- Proviso, no ded, that no tract shall consist of less than two sections: And tract less than provided always, that the said convention shall provide, by an Proviso, irreordinance irrevocable without the consent of the United States, vocable ordithat the people inhabiting the said territory, do agree and de- nance disclaimclare that they for ever disclaim all right and title to the waste ing right or unappropriated lands lying within the said territory; and w Waste lands at that the same shall be and remain at the sole and entire dispo- the sole disposition of the United States; and, moreover, that each and every sal of the Unitract of land sold by the United States, after the first day of Tract of land September, in the year one thousand eight hundred and nine- sold by the U. teen, shall be and remain exempt from any tax laid by the order, States to be exor under the authority, of the state, whether for state, county, empt from taxes for 5 years. township, parish, or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof: and that the lands belonging to citizens of the United States, residing without the said state, shall never be taxed zens not to be higher than the lands belonging to persons residing therein; taxed higher, and that no tax shall be imposed on lands, the property of the &c. United States; and that all navigable waters within the said States' lands. state shall forever remain public highways, free to the citizens Water courses. of said state and of the United States, without any tax, duty, impost, or toll therefor, imposed by the said state. ted States. Lands of nonresident citi No tax on U. 1620 acres of of government in lieu, &c. SEC. 7. And be it further enacted, That in lieu of a section land for a seat of land, provided to be reserved for the seat of government of the said territory, by an act entitled "An Act respecting the surveying and sale of the Public Lands in the Alabama Territory," there be granted to the said state, for the seat of the governmet thereof, a tract of land containing sixteen hundred and twenty acres, and consisting of sundry fractions and a quarter section, in sections thirty-one and thirty-two, in township sixteen, and range ten, and in sections five and six, in township fifteen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides of the Alabama and Cahawba rivers, and including the mouth of the river Cahawba, and which heretofore has been reserved from public sale by order of the President of the United States. SEC. 8. And be it further enacted, That until the next genetitled to one re- ral census shall be taken, the said state shall be entitled to one presentative in congress until representative in the house of representatives of the United the next gene- States. The state en ral census. SEC. 9. And be it further enacted, That, in case the said conA true and at- vention shall form a constitution and state government for the tested copy of the constitution people of the territory of Alabama, the said convention as soon to be transmit- thereafter as may be, shall cause a true and attested copy of ted to congress such constitution or frame of government as shall be formed or &c. provided, to be transmitted to congress for its approbation. CONSTITUTION OF THE STATE OF ALABAMA. WE, the people of the Alabama territory, having the right of Preamble. admission into the general government, as a member of the Union, consistent with the constitution and laws of the United States, by our representatives, assembled in convention at the town of Huntsville, on Monday, the 5th day of July, one thousand eight hundred and nineteen, in pursuance of an act of congress, entitled "An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the union, on an equal footing with the original states; in order to establish justice, ensure tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and our posterity the rights of life, liberty and property, do ordain and establish the following constitution, or form of government; and do mutually agree with each other to form ourselves into a free and independent state, by the name of "The State of Alabama." And we do hereby recognize, confirm and establish the boundaries assigned to said state by the act of congress aforesaid, "to wit: beginning at the point where the thirty-first degree of north latitude intersects the Perdido river, thence east, to the western boundary line of the state of Georgia; thence along the said line, to the southern boundary line of the state of Tennessee; thence west, along said boundary line, to the Tennessee river; thence up the same to the mouth of Bear creek; thence, by a direct line, to the north west corner of Washington county; thence due south to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river; and thence up the same to the beginning"-subject to such alteration as is provided in the third section of said act of congress, and subject to such enlargement as may be made by law in consequence of any cession of territory by the United States, or either of them. ARTICLE I. Declaration of Rights. That the general, great, and essential principles of liberty and free government may be recognized and established, we declare : All freemen SEC. 1. That all freemen, when they form a social compact, are equal in rights; and that no man or set of men are entitled are equal. to exclusive, separate public emoluments or privileges, but in consideration of public services. SEC. 2. All political power is inherent in the people, and all Political power free governments are founded on their authority, and instituted in the people. |