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JOINT RESOLUTION By the Senate and House of Representatives of the State of Alabama in General Assembly cona vened, That the Secretary of State shall cause suitable shelves to be constructed in the Library Room, and that the books and documents therein be classed, and put up to secure them from damage.
Approved, Dec. 18th, 1838.
como JOINT MEMORIAL of the Senate and House of Representatives of the State of Alabama, to the
Congress of the United States, respectfully represent: That the citizens on the Cherokee lands, lying within the limits of this State, are extremely desirous that the said lands should be surveyed. Under the provision of the late pre-emption act, actual seitlers under certnin provisions are entitled to enter lands, and become the owners of the soil; the country iir many neighbourhoods is very densely populated, it is therefore propable that under the restrictions of the act of Congress, all will not be entitled to enter their lands they occupy; as in many instances, it may be supposed, there are many families on the same quarter section, and some may be prohibited from other causes.
Under this state of things, it would be greatly to the advantage of all parties, to have the lands surveyed in order that those who are entitled may enter and commence the improvement of their lands, and who are not, may resort to other means to procure their homes. Your memorialists deem it unie assary to dwell upon the advantages which must result to the settler, to the State, and to the United States, by enabling the settlers to become the owners of the lands they occupy-all these advantages are well known to your honorable body. Your memorialists, therefore, request that the Congress of the United States will cause the Cherokee lands, within this State, to be surveyed as early as practicable.
Resolved, That our Senators and Representatives in Congress be requested to use their influence to promote the objects of this memorial.
Resolved, That his Excellency, the Governor, be requested to forward a copy of the foregoing memo. rial and resolutions to each of our Senators and Representatives in Congress,
Approved, December 28th, 1838.
JOINT MEMORIAL of the General Assembly of the State of Alabama in relation to the Public lands,
To the Honorable the Senate and House of Representatives of the United States in Congress assembled, the memorial of the General Assembly of the State of Alabama, respectfully represents: That by: the wise policy of the Government of the United States in relation to the public lands, homes have been secured to that industrious, enterprising and meritorious class of citizens, who are the first to fell a tow. ering forest and first to repel an invading enemy. And whereas, Congress in the passage of the late pre-emption law failed to provide for that portion of the settlers on public lands, lying within this Stale, when improvements were covered by Sixteenth Sections, and sites for seats of Justice for the different counties: And whereas, in the passage of the pre-emption law of 1834, another portion of the settlers on the public lands lying in the Creek country were also unprovided for: And whereas, under the con. struction placed upon the first mentioned act, many citizens are excluded from its beneficial provisions by confining settlers to the land upon which their dwellings stood. It oftentimes happening that seltlers made improvements for purposes of cultivation upon the rich and fertile lands, adjacent to rivers and creeks, while their dwellings were in the pine hills. Now in view of the foregoing suggestions, this General Assembly, would respectfully ask that you may pass such laws in relation to this subject as will extend the right of pre-emption to the forgoing settlers, by permi'ting them to enter one hundred and sixty acres of any land, lying within the country lately acquired by treaty from the Cherokee Indians, not otherwise reserved from sale.
Resolved, by the Senate and House of Representatives of the State of Alabama in General Assem. bly convened, That our Senators and Representatives in Congress be requested to use their efforts to procite the passage of a law embracing the objects of the foregoing memorial.
Resolved, That the Governor be requested to transmit a copy of the foregoing memorial and resolu. tions to each of our Senators and Representatives in Congress.
Approved, Jan. 10, 1839.
JOINT RESOLUTION Resolved, by the Senate and House of Representatives of the State of Alabama in General Assem. bly convened, That the Governor be, and he is hereby required to appoint three suitable persons, (one of whom shall be a practical surveyor,) whose duty it shall be, as early as convenient, to ascertain and mark the boundary line between the State of Georgia and this State, according to the terms of the compact between the United States and the State of Georgia, entered into the twenty-fourth of April, eighteen hundred and two.
And be it further Resolved, That if the Commissioners aforesaid shall determine that the line here. tofore run and marked out by the authority of Georgia, he not the proper line, according to the true intent and meaning of the article of cession and agreement entered into between the United States and the State of Georgia in 1802, they shall report that faet to the Governor of this State without delay.
Approved, January 24, 1839.
JOINT MEMORIAL 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 respectfully showeth, that by a treaty made and entered into on the 24th day of March 1832, at Washington city, with the Creek tribe of Indians, all the lands belonging to said tribe were ceded to the United States on the condition that each Indian warrior or head of a family, should have a reservation, of a halt' section of land, which he should be allowed to sell by procuring the assent of the Pres. ident of the United States to such sale, and the said tribe was allowed to remain in the coun. try so ceded for five years, from the date of the trealy, during which period it was intended that full time should be given 10 said Indians to dispose of their reservations; at the end of five years it was provided that those who had sold their reservations should be re noved by the Government west of the Mississippi, while those who had not disposed of their reservation were to hold the same in fee simple, and to remain upon them subject to the laws of the State of Alabama; one of the first acts of Government after the ratification of this treaty, was 10 cause the lands not located upon by Indian reservations to be surveyed and sold at public auc. tion. This policy of ine Governent produced the anomalous result of throwing a large body of white settlers who had purchased land in the Creek country in contact and juxtaposition with the Indians for the first time in the history of this Government, the white and red race oc. cupied the same country. This unprecedented state of things produced what might have been anticipated-material injuries and violations of property, and what was a necessary conse. quence, reciprocal feelings of personal dislike and animosity, which in many instances resulted in actual aggressious, either upon the property or the person of the offending parties. The Government was frequently alarmed of the progress of these events and was fully reminded of the consequences which would inevitably result, unless an adequate military force was immediately sent to the country lo overawe the turbulent spirit of the Indians which was daily manifesting itself in acts of hostility to the white settlers.
Primary meetings of the people in many parts of the Creek country were held in which it was reported to the President not only that partial hostilities then existed, but that a portion of the Creek tribe including the lower Towns were actually preparing themselves for the com. mencement of a general war. It was urged that from the fact that many of the Indians had already disposed of their reservations and was roaving through the country without a home and without the means of support in en almost starving condition. That this spirit of partial hostility would rapidly extend itself to the whole tribe; that it was the duty of the Government either to remove this wandering and disaffected portion who had disposed of their lands of subsist them at the public expense ard to provide an adequate military force to keep them in subjection until the treaty stipulations on the part of the Government, were carried fully into effect. This appeared to be due not only to the Indiaus but more particularly to the white settlers who occupied the country by the consent of the Government, and who were living on the lands purchased either from the Indians agreeable to treaty, or from the Government and to whom the Government was under the strongest obligations to protect in the peaceable enjoy. ment of these lands without any imputation on the official conduct of the President or Secre. tary of War.
The General Assembly feel it a duty which they owe to a respectable portion of the people of Alabama, to say not only that no efficient measures were taken by the Government to pro. tect the ligas, and property of settles in the Creek country previous to the actual commencement of général hostilities; but that even the ordinary military force which had been for years previously in the inost peaceable times, stationed at Fort Mitchell, was removed from tho cou:try, in advance of the very period, when circumstances have since, proved they were most needed. Whether this occurred from the necessities of the Florida War, or whether it re. sulted from the assurances whích the Government received of the pacific feelings of the Creeks from the subordinate officers employed in the Creek country, or from whatever causes which may detach blame froin the President, the fact must be admitted to present strong claims on the justice of the country in favor of allowing an indemnity for those losses which the Gov. ernment might so easily have prevented.
It is certainly not assuming too much for the General Assembly to say that if the Govern. ment upon the first manifestation of a hostile spirit amongst the Indians, had have sent an or. ganized force of two hundred men in the Creek country, all the aggressions which afterwards took place, miglit have oeen avertéd. Not only was this not done, but up to the first of May 1836, when the scene of general war actually commenced among the lower Creeks which termirated in such destructions of the lives and property of á portion of the people of this State;
no measure whatever of a defensive character liad been taken by the Goverr.ment--a scene of savage murder and rapine occurred in the St 4, the more dreadful because the Indians out. numbered the whites, more than twenty to re; an'i the less liable to be averted by any other power thure that of the Federal Government, because the tribe from which it proceeded were under the exclusive control and protection of that Government, pending the carrying into effect with their stipulations of the treaty of 1832.
The General Assembly of this State at its last annual session, presented a memorial to the Congress of the United States urging the propriety and justice of granting indemnity to the sufferers by Indian depredations in 1836 to the full amount of the loss actually sustained. This memorial has not yet been define'ely acted on by rither of the Legislative branches of the Government; but in a report from the coinmittee of clains of the House of Representatives during its last sessio!), we find a recommendation in the shape of a resolution, that the claims for depredations ought not to be allowed. In arrivir.g at this conclusion that committee have adopted a course of argument, inference from facts, from which this Assembly begs leave respectfully to express its dissent.
The practice of the Government heretofore to refuse indemnity for spoilations committed by an Indian tribe at avar with the United States has been urged as a reason for rejecting their claims to give this argument effect, it should be shown that under simi ar circumstances the Government have adopted a similar decision the peculiarity of this case is, that it is a claim not for depredations committ:d by an interior tribe at war with the Unted States, but by a tribe keptand detained with the limits of a State after the larger portion of the tribes have disposof their lands, and detained too in that state of pupillage and dependence on the Government created by treaty upon the very lands which the Government had sold to the white ottilers. When before have ihre Governinent kept an Insyian tribe on a tract of country after disposing of the lands belonging to that country to white settlers, while detained in such a country in fulfilment of treaty stipulations? What other power than the Federal Government is respon. sible for enforcing on them the observance of peace? Besides the Government is urable present the aggressions of exterior tribes and are therefore not responsible for them.
But who can say that orc'inary prudence and free action on that part o: Government the same which has so lately been used in the removal of the Ch rokees. would not have prevented the Jute depredations of Creeks; because the Government has refused to grant indemnity for losses it could nou preveni, is it therefore to refuse it for those which it could by ordinary means have prevented if so it amounts to a denial of that protection to its citizens against foreign vio. ience which is the busis of the allegiance which it claims from such citizens. But why is it that the Government is not bound für depredations committed during a state of war upon no other principles than its inability to protect citizens from the consequences of war. This Inight be a very just argument io its citizens against a claim for indemo ty committed by Great Britain or France, or sone powerful nation which the Government could not drive into a rep. aration of the consequences of a war. But it is certainly misapplied when urged as a reason for not protecting its citizens against the depredations of a miserable remnant of an interior tribe of Indians who were subdued less than eight weeks after subduing the Créoks. Why did not the Government in justice to its own citizens make that tribe through their heavy annuities responsible for the losses and depredations of the war? There wis riot want of power to do this; and acting upon the principles that it is the duty of the Government to afford all protection to their citizens compatible with the public safety and ability, the Government ought to have limposed the indemnity on the offending tribe, not having done so it has not edited its legitimate means of affording all the protection in its power id rights of its own
27 tizens, and vught on every principal of justice to pay the indemnity out of the public Treasury. But again, it cannot be denied that under the intercourse law of 1812, and under the practice of the Governinent depredations comunitte.I by a portion of a tribe not at war with the United States, have inviolably been paid by the Government and then charged against the annuity of, that tribe. Nor thongh it has been søsumed by the committee of claims, that the depredation committed by the Creek Indians in 18.36, were committed during a state of war. Your memorialists ven. ture the assertion, that during that year there was no war with the Creek Indians as a tribe. A large majority of that tribe were not only at peace with the United States, but actually as. sisted in bringing the hostilities of a minor portion to a close. The principal 'Chief of the nation with a majority of the Chief': and warriors, took up arms and assisted in subduing the hostile portion of their tribe. How then can it be called a state of war with the Creek Indians, if depradations by a portion of the iribe and the sinaller portion constitute a state of war. Then is all prospect of indemnity under the act of 1802, at an end. Ir the Govornment were not lo indemnify the sufferers by the late vreek Indian depredations, and were to change the indeninity against the Creek nation, it is not be doubted that the same would be deducted not from the annuity of the whole tribe, but fromothe annuities of that portion who committed the depradations. A inajority of the Chiefs would feel that this was but an act of justice to the larger portion of the tribe who took no part in the hostilities. The justice and propriety ofthis course is so obvious, that your memorialists with perfect confidence subniit the subject to the impartial consideration of your honorable bɔdy, together with the following resolutions as the sense of the General Assembly of Alabama.
Resolved by the Senale and House of Representatives of the State of Alabama in General Assembly convened, That the depredations committed by the Creek Indians in 1836, on the property of the people of Alabama, prior to the commencement of general hostilities during said hostilities, and subsequent thereto, ought to be paid to the sufferers out of the Treasury of the United States.
Resolved, That our Senators be instructed, and our Representatives be requested to urge said claims on the favorable attention of Congress.
Resolved, That a copy of this memorial be forwarded to each of our Senators and Repre. sentatives in Congress, with a request that it be submitted to each of their respective Houses.
Approved, Jan. 1st, 1839.
JOINT RESOLUTIONS. There are now and have been, for the last five years, two great political questions before the people of this Union
The first-what is the legitimate currency of the United States under the Federal constitution? The second—to whose keeping shall the public revenue be entrusted, when collected?
These questions have been during that whole period, a perpetual source of animated discus. sion by the people, in their primary assemblies, in their legislative assemblies, and in their Congress halls.
To establish what is the legitimate currency, it has been strenuously urged that the Constitution has conferred on Congress the power to regulate the currency; and under that power to incorporate a Bank of the United States, as the only means of reducing, through the medium of its Bank bills, the currency to the same uniform standard throughout the several States. I his power it is admitted, by the advocates of a National bank, is not derived from any express words in the Constitution itself, bu!, is implied from the uniform action of Congress, in granting successive charters; from the adjudications of the courts of justice; and from the current of public opinion in its favor.
On the other hand, this Legislature considers the question of implied powers put at rest, by the express negative in the tenth amendment of the Constitution, wherein it is provided:
“ That the powers not celegated to the United States by this Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.”
This reservation of undelegated powers, is, moreovor, put beyond a doubt, by the action of the General Convention that framed the Constitution, in their negative on the proposition to grant letters of incorporation. Nor has the Constitution in any portion of it, recognized any other currency, either directly or impliedly, but gold or silver. And has positively declared, that nothing but gold or silver shall constitute a tender. And it is certainly a political paradox, that admits of no solution, to call that which is declared by the supreme power of the government to be mo tender, the currency of the inost commercial nation in the world.
In whose keeping the revenue shall be entrusted is a question of vital importance to the American people. And the great contest is, whether it shall be confided to the keeping of the agents of the government, selected from the great mass of the people for their good inorals, high standing in the community, immediately responsible to the government under all the obligations it may think proper to exact, and all the penalties it may think proper to inflict; or to that of the Banks of a thousand or ten thousand stockholders, whose avowed object is gain; and whose responsibility from their numbers, their perpetual shiftings, and their independent relation to the government, neither appointed by it, nor under its control, can never be concentrated nor safely relied upon.
From a full review of these facts, this Legislature greatly prefer agents selected by the gove ernment itself, amenable to its orders, subject to its immediate control, punishable at its discretion, and removable at its bidding. Therefore,
lst. Be it Resolved by the Senate and House of Represcntatives of the State of Alabama in General Assembly convened, That our Senators in Congress be instructed, and our Repre. sentatives be requested, to vote against the recharter of the Bank of the United States, or the establishment of any other Bank.
21. Be il further Resolved by the authority aforesaid, That our Senators be also instructed, and our Representatives requested, to support and vote for the entire separation of the public Tevenue from the keeping or control of any bank or banks of any description whatever.
3d. Be it further Resolved, by the authority aforesaid, That since the Constitution recog. nizes no other currency than gold or silver, and "imperatively requires that all taxes shall be uniform and equal throughout the Union, the employment by the government of the paper of local banks in the collection and disbursement of its revenne amounts to a plain and undeniable infraction of that sacred instrument, which no considerations of expediency or convenience, and no force of precedent ought long to excủse. And our Senators are hereby instructed, and our Representatives requested, to support and vote for some measure or scheine of policy, the object of which shall be, by a gradual and certain process, having regard to ihe embarrassment and indebtedness of the country, to heal this long standing breach of the Constitution.
4th. Be it further Resolved, That the firm and decided course of the President of the United States upon the subject of the finances of the Government, meets and receives our entire approbation.
5th. And be ut further Resolved, by the authority aforesaid, That taxes and duries ought not to be laid and collected by the General Government, to raise money to be lent out to the keepers thereof, whether public officers or banks, to speculators or any other class of citizens whatso. ever; and That the amount raised should be barely sufficient to defray the expenses of an econom. ical administration of the Government, and should be kept to be applied to that object and no other.
6th. And be it further Resolved, by the authority aforesaid, That the General Government has no right to use the money of the people for banking purposes, and conseqnently any at. tempt on the part of Congress, by the means of a bank charter, or any other legislative enactment, to delegate such power to others, will, as heretofore, meet with the unceasing opposition of the Democratic and State Rights party of this State.
7th. And be it further Resolved, by the aulhority aforesaid, That we de precate the evils resulting from the action of the Government in the creation of Bank monopolies, not autho. rized by the Constitution, the effect of which has been to divert the commerce of the South from its direct and natural channel, to its present circuitous route.
8th. And be it further Resolved, by the aui hority aforesaid, That a direct and free trade with Europe is of vital irnportance to Alabama,
9th. And be it further Resolved, by the authority aforesaid, That the present administration of the General Government, by promoting the interests of the South, and guarding our insti. tutions, has won our admiration and secured our support; and that, we deeply deplore the course of such Southern Statesmen, as, by acting in concert with its opponents, are aiding to place those in power, who are adverse to the rights and interests of the South, and the great principles of the Demecratic Republican party, as illustrated in the political life and writings of Thomas Jefferson.
10th. And be it further Resolved, that the Governor is hereby reqursted to transmit a copy of the foregoing Preamble and Resolutions, to each Senator and Representative from this State în Congress.
Approved, January 24th, 1839. JOINT RESOLUTIONS proposing to take the sense of the people of this State on the subject of call
ing a Convention. Section 1. Be it Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That at the general clection 10 be held on the first Monday in August next, the managers at the different precincts in the several counties of this State, be requested to hold an election for a Convention of the State.
Sec. 2. And be it further Resolved, by the authority aforesaid, That every person entitled to vote for a inember of the Legislature shall be entitled to vote on the question of a Convention; and said election shall be held in the following manner, 10 wit: Every person voting for a convention shall have written or printed on his ticket, the word “Convention;" and those against it the words “ No Convention."
Şec. 3. And be it further resolved, by the authority aforesaid, That the managers at the different precincts in the several counties of this state, be requested to make returns to their respective Sheriffs, or Coroners, (as the case may be) of all the votes received for and against a Convention, at said elec. tion, in the same manner that they are now required to make all other returns; and said Sheriffs or Caroners are hereby required to make a full return of said votes, so returned unto them, to the Secretary of State, on or before the first Monday, in December next; and the Secretary of State is hereby required to lay all suen returns before the next Legislature, to be assembled on the first Monday of December, eighteen hundred and thirty-nine.
Approved, Jan. 26. 1839.