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(ACT of March 2d, 1819.) 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 eightyseven, between the people and states of the territory northwest 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.
6. Sec. vi. The following propositions 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 nett 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
(ACT of March 20, 1819.) 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 learn. ing, 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 exeinpt 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.
7. Sec. vii. In lieu of a section 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 shall 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 twentynine 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.
8. Sec. vir. 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.
9. Sec. IX. 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. [See Appendix, No. 1. for the resolution of the 14th December, 1819, to admit
the state of Alabama into the Union.)
Constitution of the United States. Art. 1. Sec. vii. 4. Congress shall have power to establish an uniform rule of naturalization.
ACT of March 26th, 1790. 2 Bioren, 88. 1 Oswald, 133. (Repealed.)
[This act which was in force until January 29th 1795, provided that any alien, being a free white person, who should have resided within the limits and under the jurisdiction of the United States for the term of two years, might be admitted to become a citizen thereof, on application to any common law court of record, in any one of the states wherein he should have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the constitution of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twentyone years at the time of such naturalization, should also be considered as citizens of the United States. And the children of citizens of the United States born beyond sea, or out of the limits of the United States, should be considered as natural born citizens: Provided, that the right of citizenship should not descend to persons whose fathers had never been resident in the United States.]
ACT of January 29th, 1795. 2. Bioren, 466. (Repealed.)
[This act, in force until June 18th 1798, provided that any alien being a free white person, might be admitted to become a citizen, &c. on the following conditions. 1st. He must have declared on oath, in court, at least three years before his admission, that it was his intention to become a citizen, &c. 2d. He must declare on oath, that he had resided five years within the United States, and one year within the particular state where the application was made; and must swear to support the constitution, &c. 3d, The court admitting such alien, must be satisfied that he had resided five years within the United States, and had behaved during that time as a man of good moral character, attached to the principles (ACT of July 6th, 1798.) of the constitution of the United States, &c. 4th, In case he had held any title of nobility, &c. he must make an express renunciation thereof. Provided that as to aliens then residing in the United States, the term of residence required should be two years only. Children of naturalized persons, under age at the time of naturalization and residing in the United States, and also the children of citizens, born out of the limits of the United States, to be considered citizens. Provided the right of citizenship should not descend to persons whose fathers had never been resident in the United States.]
ACT of June 18th, 1798. 3 Bioren, 61. (Repealed.) [This act, in force until 14th April 1802, provided that no alien should become a citizen, unless he had, five years before his admission, declared his intention in the manner prescribed by the act of 29th January, 1795, and had resided fourteen years in the United States, previous to his application. Provided that any alien residing in the United States before the 29th of January 1795, might, within one year from the date of this act, or having made his declaration, &c. according to the provisions of the act of 29th January, 1795, might, within four years after having made such declaration, be admitted on proving that he had resided five years within the United States. But no alien enemy should be admitted.]
ACT of July 6th, 1798. 3 Bioren, 75.
An Act respecting alien enemies. 2. SEC. 1. Whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the president of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the president of the United States is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in
(ACT of July 8th, 1798.) the premises and for the public safety: Provided, that aliens resident within the United States, who shall become liable as enemies, in the manner aforesaid, and who shall not be chargeable with actual hostility, or other crime against the public safety, shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for their departure, the full time which is, or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens or subjects: and where no such treaty shall have existed, the president of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.
3. Sec. 11. After any proclamation shall be made as aforesaid, it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction, and of the several judges and justices of the courts of the United States, and they are respectively, authorized upon complaint, against any alien or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the president of the United States shall and may establish in the premises, to cause such alien or aliens to be duly apprehended and convened before such court, judge or justice; and after a full examination and hearing on such complaint, and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall and may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be performed.
4. Sec. ul. It shall be the duty of the marshal of the district trict in which any alien enemy shall be apprehended, who by the president of the United States, or by order of any court, judge, or justice, as aforesaid, shall be required to depart, and to be removed, as aforesaid, to provide there for, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal, the marshal shall have the warrant of the president of the United States, or of the court, judge, or justice ordering the same, as the case may be. [Infra, 12.]