George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs and assigns, by themselves or their magistrates, in that behalf full power and authority from time to time to make and ordain with wholesome orders and ordinances within the Province or Territory aforesaid or any county, barrony, or Province within the same to be kept and observed as well for the keeping of the peace as for the better government of the people there abiding, and to publish the same to all to whom it may concern; which ordinances we do by these presents straightly charge and command to be inviolably observed within the same Province, counties, Territories, barronies, and Provinces under the penalties therein expressed; so as such ordinances be reasonable and not repugnant or contrary but as near as may be agreeable to the laws and statutes of this our Kingdom of England; and so as the same ordinances do not extend to the binding, changing, or taking away of the rights or interest of any person or persons in their freehold, goods, or chattels whatsoever.

(NOTE. Then follows authority to all the liege people to transport themselves and families into the Province, the better to defend themselves against the incursions of savages, etc.)

And we will also and of our special grace, for us, our heirs and successors do straightly enjoin, ordain, constitute, and command that said Province or Territory shall be of our allegiance; and that all and singular the subjects and liege people of us, our heirs and successors transported or to be transported into said Province and the children of them and such as shall descend from them there born or hereafter to be born be and shall be denizens and lieges of us, our heirs and successors of this our Kingdom of England and be in all things held and treated and reputed as the liege faithful people of us, our heirs and successors born within this our kingdom or any other of our dominions; and may inherit or otherwise purchase and receive, take, hold, and possess any lands, tenements, or hereditaments within the said places and therein may occupy and enjoy, sell alien and bequeath; as likewise all liberties, franchises, and privileges of this our kingdom and of other our dominions aforesaid, may freely and quietly have, possess and enjoy as our liege people born within the same without molestation, vexation, trouble, or grievance of us, our heirs, and successors, any art, statute, ordinance, or provision to the contrary notwithstanding.

(NOTE. Here follow provisions relating to privileges of trade and commerce and authority to erect and constitute seaports, harbors, and to create customs and subsidies; to erect forts, castles, cities, boroughs, towns, villages, and other fortifications; power to make war and protect against enemies.)

And our further pleasure is and by these presents, for us our heirs and successors, we do grant unto the said Edward Earl of Clarendon, George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs and assigns, and to the tenants and inhabitants of the said Province or Territory, both present and to come and to either of them, that said Province or Territory and the tenants and inhabitants thereof shall not from henceforth be held or reputed any member or part of any colony whatsoever in America or elsewhere now transported or made or hereafter to be transported or made; nor shall be dependent on or subject to other governments in anything but be absolutely separated and divided from the same; and our pleasure is by these presents that they be separated and that they be subject immediately to our Crown of England as dependent thereof forever. And that the inhabitants of the said Province or Territory nor any of them shall at any time hereafter be compelled or compellable or be any ways subject or liable to appear or answer to any matter, suit, cause or plaint whatsoever out of the Province or Territory aforesaid in any other of our islands, colonies or dominions in America or elsewhere other than in our realm of England and dominion of Wales. (NOTE. Here follow provisions for religious liberty.)

And in case it shall happen that any doubts or questions should arise concerning the true sense and understanding of any word, language, or sentence contained in this our present charter, we will ordain and command that at all times and in all things such interpretations be made thereof and allowed only and through our courts as lawfully may be adjudged most advantageous and favorable to the said Edward, Earl of Clarendon; George, Duke of Albemarle; William, Earl of Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carterett; Sir John Colleton; and Sir William Berkeley, their heirs and assigns. Witness ourselves at Westminster the 13th day of June, in the seventeenth year of our reign per ipsum regem.

EXHIBIT J

HOUSE JOINT RESOLUTION

Whereas the navigation improvement of the Tennessee River by the United States is now in the last stages of completion between Muscle Shoals and the Ohio River, and

Whereas the inadequate canal plan for the navigation improvement of the Muscle Shoals stretch of the Tennessee River was begun by the Federal Government more than 85 years ago, this improvement costing in construction more than $3,000,000, and in cost of operation and maintenance more than $1,500,000, and the yearly cost of the operation and care of this canal being in excess of $50,000 per annum, and

Whereas the United States engineers, after nearly eight years of study and investigation, have recommended to Congress a new plan at Muscle Shoals for the joint improvement of navigation and development of water power on a very large scale, as shown by Document No. 20, Sixty-third Congress, and

Whereas this new project for navigation improvement and development of water power as recommended by the Government engineers will not only practically complete the navigation improvement of the Tennessee River from the Ohio River to the upper stretches of the Tennessee, but will also develop power on such a large scale as to make it possible to operate great factories for the fixation of the nitrogen of the atmosphere as a fertilizer, and for the manufacture of explosives, and thus make the United States no longer wholly dependent, as at present, upon the country of Chile for sodium nitrate, or Chilean saltpeter, necessary for the manufacture of explosives and for fertilizers, and

Whereas the United States should no longer be dependent for its nitrogen supply upon any foreign country, but should produce its own nitrogen supply by the conservation and utilization of the water powers now going to waste in the navigable streams of the country, therefore, by this joint resolution, be it Resolved by the Legislature of the States of Alabama:

1. That the adoption by Congress of the Muscle Shoals project as recommended by the Government engineers is a matter of national concern and one directly affecting the question of preparedness and national defense.

2. That the fixation of the nitrogen of the atmosphere as a fertilizer to meet the needs of the farmers of the country, and especially the Southern farmers, who are the greatest buyers of fertilizers in the nation, and whose fertilizer bills are now annually nearly $100,000,000, is a matter of national interest and importance equal to the national interest and economic importance of the great irrigation projects in the States of the arid West, which projects have received assistance from the Federal Government in excess of $116,000,000.

3. That recent successful scientific achievements have placed at the disposal of agriculture in this country chemical compounds which allow the production of a complete or universal fertilizer. With cheap water power, these scientific discoveries promise to revolutionize our present system of fertilization.

4. With cheap water power, the importance of these scientific achievements, and their effect upon the cotton and food crops of the country, and upon the question of national defense and preparedness of the United States in times of war, are so far-reaching and of such unusual national interest at the present time, that the adoption of the Muscle Shoals project by Congress, and its encouragement by the President and the Secretary of War can be regarded as no less than a patriotic duty.

5. That the president of the senate and the speaker of the house of representatives shall appoint a joint committee of five members from the senate and five members from the house of representatives, as a joint legislative committee, and the president of the senate and the speaker of the house shall be each a member of these respective committees, and the governor of the State shall be the ex-officio chairman of these committees, and, also, the governor of the State is hereby requested to select and appoint 12 representative citizens from the State of Alabama, not members of this legislature, to join the legislative committees hereby created, and without expense to the State, these legislative committees and citizens' committee are requested by the legislature of the State to visit Washington during the early days of the first session of Congress, assembling in December, and present a copy of these resolutions to the President of the United States, to the Secretary of War, to the Secretary of Agriculture, to the chairman of the Commerce Committee of the Senate, to the chairman of the Committee on Rivers and Harbors, and to each United States Senator and Representative in Congress from the State of Alabama, and pressingly urge upon them the national importance, and, indeed, the Nation's necessity that the

Muscle Shoals project be adopted by the Sixty-fourth Congress, and during its first session.

Adopted by the Senate September 16, 1915.

Adopted by the House September 20, 1915.

(General Acts of Alabama, 1915, pp. 701-702–703.)

EXHIBIT K

JOINT RESOLUTION OF THE LEGISLATURE OF ALABAMA, APPROVED FEBRUARY 18, 1919

Whereas no more important industrial activity or business enterprise of more far-reaching significance has ever been projected than the plants at Muscle Shoals, designed for the production of nitrate from the air for use in agriculture and industry; and

Whereas the work has called for large expenditures in the construction of transportation facilities, the purchase of locomotives and other railway equipment, and the erection of modern and up-to-date buildings of the latest design and provided with the latest types of machinery; and

Whereas the demand for the product to be manufactured by the said plant is now more than ever in demand throughout the entire country, particularly by the agricultural interests; and

Whereas nitrate secured through artificial agencies can be supplied to consumers at a lower price than has heretofore been possible, thus enabling the production of larger crops and the reduction thereby of the high cost of living; and

Whereas the active operation of the plants at Muscle Shoals will afford opportunity for the employment of thousands of skilled and unskilled laborers, and will thereby serve materially to reduce the problems of unemployment following the demobilization of the armies of the United States: Now, therefore, be it

Resolved by the Senate of Alabama, the House concurring, That the President and the Secretary of War and the Congress of the United States be memorialized, not only to continue the nitrate development at Muscle Shoals, in this State, but also to make provision for all necessary enlargement and further development of such industry as may be necessary to the large interests involved.

2. That a copy of this resolution be forwarded by the governor, under the great seal of the State of Alabama, to the President, the Secretary of War, and the United States Senate and the House of Representatives.

3. That copies also be forwarded separately to the United States Senators and Representatives in Congress from Alabama.

EXHIBIT L

Arthur P. Bagby, Governor of the State of Alabama, to all to whom these presents may come, greeting:

Know ye that Terry Bradley, of the county of Lauderdale, having made complete payment for the SW. 1⁄2 of fractional section 35, township 2, range 10 west, containing 92.93 acres in pursuance of an act entitled "An act to enable the State of Alabama to sell and dispose of certain lands therein named." There is therefore granted by the State of Alabama unto the said Terry Bradley the lot of land above described with the appurtenances unto the said Terry Bradley, his heirs and assigns, forever.

In testimony whereof I have caused these letters to be made patent and the seal of the State to be affixed. Given under my hand and seal of the State at Tuscaloosa this the 6th day of December, in the year of our Lord 1838 and of the independence of the United States of America the sixty-third.

By the Governor:

[SEAL] Attest:

STATE OF ALABAMA,

Lauderdale County:

A. P. BAGBY.

T. B. TURNSTATE,
Secretary of State.

I, J. I. McClure, judge of probate in and for said State and county, hereby certify that the above is a true and correct copy of a patent filed for record in this office September 12, 1871, and duly recorded in volume 20 of Deeds, at page 32. Given under my hand and seal this the 11th day of June, 1927.

J. I. MCCLURE, Judge of Probate.

EXHIBIT M

Clement C. Clay, Governor of the State of Alabama, to all to whom these presents may come, greeting:

Know ye that David Houston, of the county of Lauderdale, having made complete payment for the W. 1⁄2 SW. 4 of fractional section 1, township 1, range 16 west, containing 79.89 acres, in pursuance of the act entitled: "An act to enable the State of Alabama to sell and dispose of certain lands therein named." There is therefore granted by the State of Alabama unto David Houston the W. 11⁄2 SW. 14 of fractional section 1, T. 1, R. 16 west, of the lands above described with the appurtenances unto the said David Houston, his heirs and assigns, forever.

In testimony whereof I have caused these letters to be made patent and the seal of the State to be affixed. Given under my hand and the seal of the State at the city of Tuscaloosa the 23d day of November, in the year of our Lord one thousand eight hundred and thirty-six and of the independence of the United States of America the sixty-first.

By the Governor:

[STATE SEAL]

Attest:

C. C. CLAY.

E. A. WEBSTER, Secretary of State.

I, J. I. McClure, judge of probate in and for said State and county, hereby certify that the above is a true and correct copy of a patent filed for record in this office December 11, 1839, and duly recorded in volume 9 of Deeds, at page 275. Given under my hand and official seal this the 11th day of June, 1927. J. I. MCCLURE, Judge of Probate.

EXHIBIT N

SECTION 6, PARAGRAPH 4, OF THE ENABLING ACT OF THE STATE OF ALABAMA PASSED MARCH 2, 1819

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 aforesaid, may reserve the seventy-two sections, 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 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 forever 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.

ORDINANCE ADOPTED BY THE

EXHIBIT O

CONSTITUTIONAL CONVENTION OF THE STATE OF CONDITIONS OF THE ACT OF CONGRESS ADMITTING

ALABAMA ACCEPTING THE
THE STATE INTO THE UNION

This convention, for and in behalf of the people inhabiting this State, do accept the propositions offered by the act of Congress, under which they are assembled; and this convention, for and in behalf of the people inhabiting this State do, ordain, agree, and declare, that they forever disclaim all right and title to the waste or unappropriated lands lying within this State; 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 next, shall be and remain exempt from any tax, laid by the order or under the authority of this State, whether for State, county, township, parish, or any other purpose whatsoever, for the term of five years from and after the respective days of sales thereof, and that the lands belonging to the citizens of the United States, residing out of the limits of this 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 this State shall forever remain public highways, free to the citizens of this State and of the United States, without any tax, duty, impost, or toll therefor, imposed by this State: And this ordinance is hereby declared irrevocable, without the consent of the United States.