From the county of Mobile, one representative. From the county of Lauderdale, one representative. From the county of St. Clair, one representative. From the county of Autauga, one representative. And the election for the representatives aforesaid, shall be holden on the first Monday and Tuesday in May next, throughout the several counties in the said territory, and shall be conducted in the same manner, and under the same regulations, as prescribed by the laws of the said territory, regulating elections therein for the members of the House of Represen

tatives.

SEC. 5. And be it further enacted, That the members of the convention, thus duly elected, be, and they are hereby, authorized to meet at the town of Huntsville, on the first Monday in July next; which convention, when met, shall first determine, 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 be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and state government: Provided, That the same when formed, shall be republican, and not repugnant to the principles of the ordinance of the thirteenth of July, one thousand seven hundred and eighty-seven, between the people and states of the territory north-west of the river Ohio, so far as the same has been extended to the said territory, by the articles of agreement between the United States and the state of Georgia, or of the constitution of the United States. SEC. 6. And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of the said territory of Alabama, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. First. That the section numbered sixteen in every township, and when such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such townships for the use of schools.

Second. That all salt springs within the said territory, and the lands reserved for the use of the same, together with such other lands as may, by the President of the United States, be deemed necessary and proper for working the said salt springs, not exceeding in the whole the quantity contained in thirty-six entire sections, shall be granted to the said state, for the use of the 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 lease the same for a longer term than ten years at any one time.

Third. That five per cent. of the net proceeds of the lands lying within the said territory, and which shall be sold by Congress, from and after the first day of September, in the year one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for making public roads, canals, and improving the navigation of rivers, of which three-fifths shall be applied to those objects within 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.

Fourth. That thirty-six sections, or one entire township, to be designated by the Secretary of the Treasury, under the direction of the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature. And the Secretary of the Treasury, under the direction as a foresaid, may reserve the seventy-two sec tions or two townships, hereby set apart for the support of a seminary of learning, in small tracts: Provided, That no tract shall consist of less than

revocable ordi

nance disclaim

ing right to waste lands.

Waste land at

the sole disposal of the United

States.

Tracts of land sold by the United States to be exempt from

Proviso: ir- two sections: And provided always, That the said convention shall provide, by an ordinance irrevocable without the consent of the United States, that the people inhabiting the said territory, do agree and declare that they forever disclaim all right and title to the waste or unappropriated lands lying within the said territory; and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by the United States, after the first day of September, in the year one thousand eight hundred and nineteen, shall be and remain exempt from any tax laid by the order, or under the authority of the state, whether for state, county, 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 higher than the lands belonging to persons residing therein; and that no tax shall be imposed on lands, the property of the United States; and that all navigable waters within the said state shall for ever remain public highways, free to the citizens of said state and of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said state.

taxes for five years.

Lands of non

resident citizens not to be

taxed higher,

&c.

on

No tax United States' lands.

Land for a seat

in lieu, &c.

SEC. 7. And be it further enacted, That, in lieu of a section of land, of government, 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 government 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.

Act of April 20,1818, ch.126, sec. 2.

March 2, 1819.

Act of Feb.

18, 1793, ch. 8.

SEC. 8. And be it further enacted, That, until the next general census shall be taken, the said state shall be entitled to one representative in the House of Representatives of the United States.

SEC. 9. And be it further enacted, That, in case the said convention shall form a constitution and state government for the people of the territory of Alabama, the said convention, as soon thereafter as may be, shall cause a true and attested copy of such constitution or frame of government as shall be formed or provided, to be transmitted to Congress, for its approbation.

APPROVED, March 2, 1819.

CHAP. XLVIII.—An Act supplementary to the acts concerning the coasting trade. (a)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That for the more conve

(a) The acts passed relating to the coasting trade have been:

An act for registering and clearing vessels, regulating the coasting trade, and for other purposes, (obsolete.) Sept. 1, 1789, ch. 11.

An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same, Feb. 18, 1793, ch. 8.

An act relative to the passing of coasting vessels between Long Island and Rhode Island, March 2, 1795, ch. 41.

An act for enrolling and licensing of steamboats, March 12, 1812, ch. 40.

An act to continue in force "An act further to provide for the collection of duties on imports and tonnage," passed the third of March, one thousand eight hundred and fifteen, and for other purposes, March 3, 1817, ch. 109, sect. 4.

An act concerning the navigation of the United States, March 1, 1817, ch. 31, sect. 4, 5.

Act of May 7.

1822, ch. 62,

sec. 11.

The seacoast

nient regulation of the coasting trade, the seacoast and navigable rivers of the United States be, and hereby are, divided into two great districts; the first, to include all the districts on the seacoast and navigable rivers, between the eastern limits of the United States and the southern limits and navigable of Georgia, and the second, to include all the districts on the seacoast and navigable rivers, between the river Perdido and the western limits of the United States.

rivers of the United States

divided into two great districts, for the conveni

ence of the coasting trade. Licensed ves

sels, of 20 tons and upwards, may carry on trade between the districts within the great districts, and

SEC. 2. And be it further enacted, That every ship or vessel, of the burden of twenty tons or upwards, licensed to trade between the different districts of the United States, shall be, and is hereby authorized to carry on such trade between the districts included within the aforesaid great districts, respectively, and between a state in one, and an adjoining state in another, great district, in manner, and subject only to the regulations that are, now by law required to be observed by such ships or vessels, in trading from one district to another in the same state, or from a district in one state to a district in the next adjoining state, any thing in any law to the contrary, notwithstanding. SEC. 3. And be it further enacted, That every ship or vessel, of the burden of twenty tons or upwards, licensed to trade as aforesaid, shall be, and is hereby, required, in trading from one to another great district, other than between a state in one, and an adjoining state in another, great district, to conform to and observe the regulations, that, at the time of passing this act, are required to be observed by such vessels in trading to be observed. from a district in one state to a district in any other than an adjoining

state.

SEC. 4. And be it further enacted, That the trade between the districts not included in either of the two great districts aforesaid, shall continue to be carried on in the manner, and subject to the regulations, already provided for this purpose.

SEC. 5. And be it further enacted, That this act shall commence and be in force, from and after the thirtieth day of June next after the passing thereof.

APPROVED, March 2, 1819.

between a state in one, and an

adjoining state in another, great district,

&c.

Regulations

Trade between districts not included,

&c. to be car

ried on as al

ready provided in force from

This act to bo

30th June, 1819

STATUTE II.

CHAP. XLIX.—An Act establishing a separate territorial government in the south March 2, 1819 ern part of the territory of Missouri. (a)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the fourth

[Obsolete.] Part of the Missouri terri

An act supplementary to the acts concerning the coasting trade, March 2, 1819, ch. 48. An act to provide for the collection of duties on imports and tonnage in Florida, and for other purposes, May 7, 1822, ch. 62, sec. 11.

An act to authorize the licensing of vessels to be employed in the mackerel fisheries, May 24, 1828, ch. 119. Act of April 20, 1836, ch. 55.

An act to authorize surveyors, under the direction of the Secretary of the Treasury, to enrol and license ships or vessels to be employed in the coasting trade and fisheries, Feb. 11, 1830, ch. 14. An act concerning vessels employed in the whale fishery, March 3, 1831, ch. 115.

An act to regulate the foreign and coasting trade on the northern, north-eastern and north-western frontiers of the United States, and for other purposes. Act of March 2, 1831, ch. 98.

An act of Dec. 22, 1837, ch. 1.

(a) Acts relating to the territory, afterward the state of Arkansas.

An act providing for the government of the territory of Missouri, June 4, 1812, ch. 95.

An act establishing a separate territorial government in the southern part of the territory of Missouri, March 2, 1819, ch. 49. Act of 1832, ch. 115.

An act relative to the Arkansas territory, April 21, 1820, ch. 48.

An act to fix the western boundary line of the territory of Arkansas, and for other purposes, May 26, 1824, ch. 155.

An act to authorize the President of the United States to run and mark a line dividing the territory of Arkansas from the state of Louisiana, May 19, 1828, ch. 58.

An act for the admission of the state of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes, June 15, 1836, ch. 100. An act supplementary to the act, entitled "An act for the admission of the state of Arkansas into the

tory

after

July 4, 1819, to form a separate territory to be

called Arkan

saw.

A temporary government to be established.

Executive

power in a go

vernor.

governor.

day of July next, all that part of the territory of Missouri which lies south of a line, beginning on the Mississippi river, at thirty-six degrees, north latitude, running thence west to the river St. Francois; thence, up the same, to thirty-six degrees thirty minutes north latitude; and thence, west, to the western territorial boundary line; shall, for the purposes of a territorial government, constitute a separate territory, and be called the Arkansaw territory.

SEC. 2. And be it further enacted, That there shall be established in the said territory of Arkansaw, a temporary government, to consist of three departments, the executive, the legislative, and the judiciary.

SEC. 3. And be it further enacted, That the executive power shall be vested in a governor, who shall reside in the said territory, and shall hold his office during three years, unless sooner removed by the President of the Powers of the United States: he shall be commander in chief of the militia of said territory, shall have power to appoint and commission all officers required by law to be appointed for said territory, whose appointments are not otherwise provided for by this act; shall take care that the laws be faithfully executed; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the President thereon shall have been made known; shall, on extraordinary occasions, have power to convene the general assembly, hereinafter provided for, after one shall have been organized in conformity to law; shall ex-officio, be superintendent of Indian affairs, and shall have such other powers, and perform such further duties, as are by law given to, and imposed on, the governor of the Missouri territory, in all cases in which they shall become legally applicable to the territory of Arkansaw.

A secretary.

Duties of the

secretary.
Act of June

4, 1812, ch. 95.

Legislative power in the governor and judges of the superior court.

SEC. 4. And be it further enacted, That there shall be a secretary for the said territory, who shall reside therein, and continue in office for the term of four years, unless sooner removed by the President: he shall perform all the duties imposed on the secretary for the territory of Missouri, by an act of Congress of the fourth of June, eighteen hundred and twelve, entitled "An act providing for the government of Missouri.”

SEC. 5. And be it further enacted, That the legislative power shall, until the organization of the general assembly, hereinafter provided for, be vested in the governor and the judges of the superior court of the territory, who shall have power to pass any law for the administration of justice in said territory, which shall not be repugnant to this act, or inconProviso: leg- sistent with the constitution of the United States: Provided, that whenislative power ever the general assembly shall be organized, all the legislative power of to be exercised the territory shall be vested in, and be exercised by, the said general by the general assembly, when assembly. organized.

So much of

the act of 4th June, 1812, ch.

95, as relates to

the organization

of a general assembly, &c. to be in force

SEC. 6. And be it further enacted, That so much of the act of Congress of the fourth of June, eighteen hundred and twelve, entitled “An act providing for the government of the territory of Missouri," as relates to the organization of a general assembly therein, prescribes the powers and privileges thereof, the mode of election, and period of service, of the members thereof, and defines the qualifications and privileges of the electors and elected, shall be in full force and operation in the Arkansaw territory, to the extent of its application, so soon as the governor thereof shall be satisfied that such is the desire of a majority of the freeholders thereof, and not until then: Provided, That until there shall be tives not to ex-five thousand free white males, of the age of twenty-one years and upwards, resident in the said territory, the whole number of representatives shall not exceed nine.

when a majority

of freeholders desire it.

Representa

ceed nine.

Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes," June 23, 1836, ch. 120.

An act supplementary to an act, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," passed thirtieth June, one thousand eight hundred and thirty-four, June 17, 1844, ch. 103.

SEC. 7. And be it further enacted, That the judicial power of the territory shall be vested in a superior court, and in such inferior courts as the legislative department of the territory shall, from time to time, institute and establish, and in justices of the peace. The superior court shall be composed of three judges, who shall reside in the territory and continue in office for the term of four years, unless sooner removed by the President. The superior court shall have jurisdiction in all criminal and penal cases, and exclusive cognisance of all capital cases, and shall have and exercise original jurisdiction, concurrently with the inferior courts, and exclusive appellate jurisdiction in all civil cases in which the amount in controversy shall be one hundred dollars or upwards. The superior court shall be holden at such times and place, or places, as the legislative department shall direct, and continue in session until the business therein shall be disposed of, or as long as shall be prescribed by law. Provided, That any two of the judges shall constitute a court of appellate, and any one a court of original jurisdiction.

SEC. 8. And be it further enacted, That the governor, secretary, judges and all other officers, of the territory, civil and military, shall, before they enter on the duties of their respective offices, take an oath or affirmation to support the constitution of the United States, and to discharge, with fidelity, the duties of their offices; the governor before a judge of the supreme or district court of the United States, or a judge of the superior court of the said territory; the secretary and judges, before the said governor, or a judge of the supreme or district court of the United States; and all other officers, before the governor, or any of the judges of the supreme or inferior courts, or justices of the peace, of said territory. SEC. 9. And be it further enacted, That the governor, secretary, and judges of the superior court authorized for said territory, during the temporary government thereof, shall be appointed by the President of the United States, with the advice and consent of the Senate: Provided, That the President shall have full power, during the recess of the Senate, to commission all or any of the said officers, until the end of the session of Congress next succeeding the date of the commission. The governor, secretary, and judges of the superior court, shall receive the same compensation, payable quarter yearly, which the governor, secretary, and superior judges, of the Missouri territory are entitled to by law. SEC. 10. And be it further enacted, That all the laws which shall be in force in the territory of Missouri, on the fourth day of July next, not inconsistent with the provisions of this act, and which shall be applicable to the territory of Arkansaw, shall be, and continue, in force in the latter territory, until modified or repealed by the legislative authority thereof. SEC. 11. And be it further enacted, That the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from all taxes, for the term of three years from and after the date of the patents respectively.

SEC. 12. And be it further enacted, That whenever, according to the provisions of this act, the people of the Arkansaw territory shall have a right to elect members of the house of representatives of their general assembly, they shall also have the right to elect a delegate from the said territory to the Congress of the United States, who shall possess the same powers, enjoy the same privileges, and receive the same compensation, granted and secured by law to the delegates from other territories.

SEC. 13. And be it further enacted, That until otherwise directed by the legislative department of the said territory of Arkansaw, the seat of the territorial government thereof shall be the post of Arkansaw, on the Arkansaw river.

The line between certain land offices

SEC. 14. And be it further enacted, That the line now established by law, between the land offices at the seat of justice in the county of Law- altered.