the indemnity against the Creek nation, it is not to be doubted that the same would be deducted not from the annuity of the whole tribe, but fromthe annuities of that portion who committed the depradations. A majority 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 submit the subject to the impartial consideration of your honorable body, 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 Representatives 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 discussion 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. This power it is admitted, by the advocates of a National bank, is not derived from any express words in the Constitution itself, but, 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 delegated 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 no tender, the currency of the most 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 morals, 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 government itself, amenable to its orders, subject to its immediate control, punishable at its discretion, and removable at its bidding. Therefore,

1st. Be it Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That our Senators in Congress be instructed, and our Representatives be requested, to vote against the recharter of the Bank of the United States, or the establishment of any other Bank.

24. Be it 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 revenue 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 revenue 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 excuse. And our Senators are hereby instructed, and our Representatives requested, to support and vote for some measure or scheme of policy, the object of which shall be, by a gradual and certain process, having regard to the em barrassment 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 it further Resolved, by the authority aforesaid, That taxes and duties 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 consequently any attempt 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 authority aforesaid, That we deprecate the evils resulting from the action of the Government in the creation of Bank monopolies, not authorized 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 authority aforesaid, That a direct and free trade with Europe is of vital importance 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 requested to transmit a copy of the foregoing Preamble and Resolutions, to each Senator and Representative from this State in Congress. Approved, January 24th, 1839.

JOINT RESOLUTIONS proposing to take the sense of the people of this State on the subject of calling 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 election to 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 member of the Legislature shall be entitled to vote on the question of a Convention; and said election shall be held in the following manner, to 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."

Sec. 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 election, in the same manner that they are now required to make all other returns; and said Sheriffs or Coroners 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 such returns before the next Legislature, to be assembled on the first Monday of December, eighteen hundred and thirty-nine. Approved, Jan. 26, 1839.

JOINT RESOLUTIONS.

Whereas, certain citizens of the State of Maine, have been charged in the State of Georgia, with a felony committed therein, by kidnapping and carrying away certain slaves, the property of the citizens thereof, and bills of indictment have been duly found in Georgia against the said persons, who are understood to be now resident in, and under the protection of, the State of Maine: And whereas, the Governor of the State of Georgia has, by direction of the Legislature thereof, and according to the provisions of the Federal Constitution, demanded of the Governor of Maine these delinquents for trial, under the said bills of indictment: And whereas, the said Governor of the State of Maine, instead of complying with this demand, as under the provisions of our Federal compact he was in duty bound, has refused so to do; stating that he must first lay the subject before the Legislature of his State: And whereas, from the present aspect of the slave question in the United States, it no longer becomes a slave-holding State to withhold the decided expression of its sentiments on any subject involving these momentous rights: Therefore,

Resolved, unanimously, That the State of Georgia in making the demand for the delivery of these delinquents for trial, demanded nothing but what the strictest regard for justice, order, respect for herself, and the most sacred provisions of our Federal compact authorized and required.

Resolved, unanimously, That it is with the deepest concern we perceive one of our Chief Magistrates of our confederated States, refusing prompt acquiescence to this just and rightful demand.

Resolved, unanimously, That a failure on the part of the State of Maine to fulfill her constitutional obligations in this particular, will be a fatal blow to the security of our institutions and property; and if persisted in will create great and well-founded alarm in the slave-holding States.

Resolved, unanimously, That the cause of Georgia is the cause of the whole South, and we will make common cause with her in all proper measures for procuring a redress of these grievances, and for the maintenance of her, and our common cause. Approved, Feb. 2, 1829.

JOINT MEMORIAL requesting Congress to cede to the State of Alabama the Muscle Shoals Canal. To the Honorable the Senate and House of Representatives of the United States in Congress assembled: Your memorialists, the General Assembly of the State of Alabama, respectfully beg leave again to call the attention of your honorable body to the obstructions to the navigation of the Tennessee river, by reason of which so large a number of the inhabitants of Alabama, Georgia and Tennessee. are deprived of a market for their products, and of the facilities needed in receiving supplies. Although Congress has made the liberal grant of four hundred thousand acres of forfeited lands, for the removal of those obstructions, yet after the most faithful execution of the trust, in the application of the means, the sum has been found wholly insufficient. Fifteen miles of canal have been completed, which in point of workmanship, durability, and cheapness of construction, will compare with any similar work in the Union. The means are now exhausted, but the evidence of the importance of the work to answer the demands of a growing population becoming daily more apparent; whilst the powers of Con. gress to grant appropriations for such purposes continues unsettled and debateable. To prevent fur. ther altercation, so far as the interests of Alabama are concerned, and to enable the State to provide for the urgent demands of its citizens, whose productions are rendered less valuable and available on account of those obstructions, your memorialists pray your honorable body to cede the said improvements to the State of Alabama, to enable said State to complete the same with its own resorces, or to to call in the aid of individual capital and enterprise, should the State deem it fit and proper so to do, and your memorialists will ever pray, &c. Approved, Jan. 26, 1839.

JOINT PREAMBLE AND RESOLUTIONS of the General Assembly of the State of Alabama responsive to certain Joint Resolutions of the Commonwealth of Kentucky, touching the Currency and Administration of the General Government.

Whereas, certain Joint Resolutions of the General Assembly of the Commonwealth of Kentucky, entitled "Joint Resolutions in relation to the Currency and the Administration of the General Government," have been communicated to this General Assembly by the Governor of this State, agreeably to a request preferred in said Joint Resolutions. These resolutions deplore the evils produced in the country by the general suspension of specie payments in May, eighteen hundred and thirty-seven; they charge these evils mainly to the ac's of the late administration, especially to the veto of the bill recharing the late Bank of the United States, the removal of the Deposites, and the Specie Circular. They charge the present Executive of the United States with a want of sympathy with the people, whom they are pleased to represent as "suffering;" and with cold indifference to the country, whose condition they pleased to consider "lamentable;" and as being anxious only "to supply the wants of the Treasu ry and to protect the interests of the official corps." They denounce the Independent Treasury scheme as tending "to augment Executive power," " to the engrossment by the Executive of the United States of all the paper emissions," "to place in his possession or under his control a great portion of the spe cie of the country," "to abuse, waste, and corruption;" and finally, "to the union of the purse and word" and they express great satisfaction at the defeat of the bill having for its object the establishment of this system, at the last session of Congress. They express deep regret that the present Chief Magistrate of the United States, heedless of experience, as they pretend, is resolved to persevere in ruining

66

the country, and destroying the liberties of the people. They declare that it is the duty of the Federal Government to secure a general medium of circulation of uniform value throughout the United States, and recommend a United States Bank as the most efficient means for the accomplishment of such an end. They charge the late Administration of the Federal Government with "wasteful extravagance," and the late President with "abuse, encroachments and usurpation;" and finally, they declare that every consideration of safety, of interest, and pride of National character, demands a thorough reform of the Administration of the General Government." The General Assembly of the Commonwealth of Kentucky, in communicating in this form her own views and opinions on the various subjects to her sister States, it was doubtless intended and desired by the Commonwealth of Kentucky to elicit ours in return. In response to the General Assembly of the Commonwealth of Kentucky, touching the premises,

Be it Resolved, by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That this State does not concur with the Commonwealth of Kentucky in the views and opinions expressed by the latter in her resolutions aforesaid, on any one of the prominent or important questions therein presented; but that on the contrary those views and opinions generally meet our decided dissent. We disagree with our sister Kentucky respecting the causes of the late suspension of specie payments, and its consequent evils, and insist that the same was mainly attributable to other causes than any action of the Federal Government. We eschew a National Bank in every form in which it can be presented, and heartily applaud the late President for the virtue and firmness with which he combatted and finally overthrew that strong tower of federalism and aristocracy, the late Bank of the United States. We deny that it is either the right or the duty of the Federal Government to furnish a general currency for the country; the right and duty of that Government in this regard be. gin and end, as we conceive, with furnishing a currency standard of value, and with preserving and maintaining that standard by suitable regulations respecting her own receipts and disbursements. We consider the charge of want of sympathy with the people and of indifference to the interests of the coun. try made against President Van Buren, as the mere ebullition of political animosity, without truth or reason to support it.

Resolved, That we esteem ourselves a prosperous, free and highly favored people, and cannot be persuaded either that we are "suffering," or that the condition of our country is "lamentable."

Resolved, That we admire, approve, and will cordially support the separation of Bank and State, and the establishment of an Independent Treasury; and confidently expect the intrinsic merits of this great measure ultimately to vindicate its claims with an intelligent and patriotic people, over selfishness, passion and political prejudice.

Resolved, That we have listened without emotion to the expressions of our sister Kentucky about "the union of the purse and the sword," and the ruin of the country and of liberty; the defeated and disappointed panic-makers of the last six years, have made such language trite and familiar.

Resolved, That we are satisfied with the present Administration and its leading measures. We want no reform and least of all such reform as our sister Kentucky would be likely to gives us a National Bank-a protective tariff-a grand and corrupting system of internal improvement by the Federal Government.

6:

he

Resolved, That we view with mingled sorrow and indignation the charge of "abuse, encroach. ments and usurpations," made against the venerable retired patriot of the Hermitage. Passion and prejudice may do their worst-he is beyond their reach. In the eloquent language of another, has carried the star of his civil fame to the highest point in the political firmament, there to remain for ever, searing the eye-balls of envy, but cheering the heart and guiding the footsteps of patriotism and shedding its benign influence on the freedom, happiness, prosperity and glory of his country." Resolved, That the Governor of this State be requested to forward a copy of the foregoing Preamble and Resolutions to the Governor of the Commonwealth of Kentucky, with a request that he will lay the same before the General Assembly of that Comon wealth. Approved, January 26, 1829.

JOINT RESOLUTIONS in relation to the distribution of the decisions of the Supreme Court. Be it Resolved, by the Senate and House of Representatives of the State Alabama in General Assembly convened, That it shall be hereafter made the duty of the Secretary of State, to furnish the several Solicitors of this State, with a copy of each of the published decisions of the Supreme Court of this State, which are now or may hereafter be published.

And be it further Resolved, by the authority aforesaid, That the said Solicitors shall upon the ter mination of their office, deliver over to their successors in office, when requested, all of said decisions of the Supreme Court, which they may have received by virtue of their several offices.

Approved, February 2, 1839.

DEPARTMENT OF STATE, TUSCALOOSA, April 12, 1839.

I have carefully examired the foregoing Acts, Memorials and Resolutions, and find them to be trite copies of the original rolls on file in this office.

T. B. TUNSTALL, Secretary of State.