: - ;- ;A. .'V v.-.-.-V,-'-..; :r.v':- - 'v -l. X A Upwp tTrtT rk.tfclWJifcBrt.'gv7 l U
I.- r
- ' fW- Mip if the twniirihitanfe cphoAi '!rh oflfirpa to which Cnlonels.Towsoh ana . .twojiipr
"OL. TOWSON & COLU)SDEN.
lVhe wtpmittee .bare ernnn?d
-.1 Gk(" to be adjutant ge nrral.
ft looked in yarn for an argument
Ivh coold cnnvinre.them that the deci
wb Lrlr niade by. the Senate wA trro.
s It has been urped. that general
?nn: who had been arranged to the
AiSfijnta' general, declined ar cejt
Cff rind colonel Gdsden was appoint
1310
U so inconsistent is repeaiea
f. .hW last mentioned act, ard of course,
Z 9Docintment M not supported by th
the appointment
Authority relied: on.' But the committee
!tp in oosse&ion rf a copy of a letter from
ral tkinson to generaLBrown, dated
ie which had been written to In m on that
lubiect. in vhiclrgenrAtkinsontofftvfy.
drtlioes accepting the office - of -adjutant
rmeraL' This letter was received by ge
ral Brown on the 2rth of the! same
BicDtb, and before grneral' Atkinson was
'arranged by the board to the office of ad
iutant general, j When itas known o
iffrry, that general Atkin?or would not
accept tbis office, why was he arranged
to h f -This arrangement was nominal,
acdccnld not have the effect of .evading
the law, or creating a vacancy which did
not before exist ; and th? contmUtee are
of opinion that the tender of this office to
etn. Atkinson, with a knowledge that he
would not accept, did not produce a va
cancy, and that, in deciding on the legality
cf crl. Gadsden's appointment, this ar
rangement of general Atkinson must be
left rut of view. The 6th section of "the
act of Jbe 2d.March, 1821, is in the follow
ing vords: "That there shall be one ad
jutant general and two inspectors general,
nith the rank, pay, and emoluments, of
ci lr eels of cavalry." Before the passage
cf the act thtre was one adjntant and in-,
- specter get eral, two inspectors general,
and two adjutants general. The object At
the act was reductiov" and, wih thlt
Tie, th office of adjutant and h spector
gmrral was dispensed 'with ; and, also,
that cf one adjutant general, and the two
off ces of inspectir general, and one of ad
jutant general, retained. - This section
caving retained the two officers r f inspec
trrgti eral, and the 11th section, before
cktd, having retained the incumbents, it
was net supposed by any cne that either
or both cf them could be dischareed'as
iKficrmimeraries. under the crovisions of
the act. By referring to the general order
. cf Way 17th, 1821, it will be seen that
those ho nere charged with the reduc
tion of the army were of this opinion.. The
law left these officers where it frund them,
and the general order announced that
they retrained In the offices they before
held. But a vry different .construction
as given to that part of the same section
which relates to the adjutant general.
i nere were two adjutants generaHn ser
vice, colonels Butler and Jones, and the
con.mittee insist,.bj-affair const! uction of
the act, one of them, was "retained" and
the President was authoriseel only to elect
which of the two should.be "discnarg
ft"asa "supernumerary" - S ' -
It is contended in .the message that this
as an ongtndl vacancy " and -it was
competent for the President to discharge
hoih Butier and Jones, and, fillMh is office
hj ajficmimg any other, pe'rsoW. .A the
chjtct of the act was to reduce the army,
and net create officers, it is fair to presume'
that exckisicn was intended to be applied
only whn e there was airoccess, either in
tun-ber or organization.;; This, rule was
apphed to that part of the same section
relating to the inspectors general i As it
regards them, there was no excess, and
811 agree that they were retained by the
Jw. Colonels Butler and Jones had the
r-nk, pay, amj emoluments, of colonels of
. vaI0 the prtcise attributes of the ad
jutaia general secured to the army by the
act. but it ia said tnat the a(jjutant gene
ii vl a ah'isicn was deemed not to be co
wdmatt ith; the adjutant general of the
ti K 0n lhe object of their duties no
S S. -4 becn PTibed.1- ;The lws are
Zlhk 1 heir jank, pay and emoluments,
h.f a $an,e ; ad here is a pei fett co :
"'Cidtnce in all their1 endow mertts. , The
vhnJCl-n of U)&acl Provides that there:
tYu l ne maJor: general and two briga
S ce 1 bere were then in ser-
ce.tw0majcrgerraUan(j four brja,
half 6tIerab nuking, ah excess of one
to L . f00' the i principle aPl,lied
cf i n a?Julant Kcoeral, tbe comnion'
ix nfJilvT Seeral commanding a division
thD 0riothe commission when
same ptrson commands the wholear
northern Sneral 4 lh
the nrl dtymon ,s now niaj general ot
i IITJ Ci United States invirtue V
are LrerV lcP,i.B " TLe two caser
iC preciselv c5rr,;o- n-i..:.- .,. '
1
U cannoM?2? "IS a excess of one :v
lobe tiJC rJ T,rca lual "iey-were both
conTba anfjf ndome r non
ttm.SSS .K18 &iCer 10 appointed u.
"n,dndlhc army. Perfectly analagous
jfwcpi"--- . - . ...Kis the same: which it received
s"tcr! Timi: .miith'nf.the for- 1 1 bill xvavliscussed on its passage
; theiai?-. f.io x n;Q ... Senate. It hasen further
! the case of the two adiutants General ,iVlrie ortices to wh?ch Colonels.Towsoh and
but the rule applied to them :6y:the board
nas -oe.rn. uin?jrimv.i m- major general
of the late northern division 'now com
mands the ; whole army ; but. the twpart
iutants general are both and Vm 'pmlar
Kuhernuwrrarv 'bflcrr8?iifitl niadfiu'
i - j : xt- - w k." i w - - - - i
tan t8en eral" have both nerif dbcharred' J
tmm tne seyce or tne unueo states. .1 he.
committee cannot believe that. tbis is a
fair construction" of. the act particularly
when the board of general officers charg
ed with the reduction of jhe army, rKave
adopted a difterent rule inttheir own case',
which is precisely parallel ta tbe case of
the adjutant general retained ;ahd more
especially when it h distinctly remeniberr
ed thatthe construction now. giverv to the
sixth secion r.t.the-act, by the committee.
when the
in ' the
insisted. in
support of the "appdin intent" of colonel
Gadsden; that !r. was fully justified by' the
retention of colonel Hayne, in 1815. Jtis
true that in 1815, at jhe close of the'Wr,
there were eight adjutants general in ser
vice ; and it is equally true, that the law
ofvl815 reducing and fixjng the rmyl"
disbanded the-whole of them, pot retain
in&even one ; but the law of 1821 saj's,
tHere shall be one adjutant general."
with all the att ributes' of the jtwo' officers
of that rank then in service. t 'j-
In the. absence of law, therefore. Presi
dent Madison, on his responsibility chose
"provisionally' 16 add to the army what
the law had "omitted, to wit : two adju
tants general. This being the case, nei
ther of the eight adjutants general had a
right to demand of the Executive places
of his own temporary creation. The Ex
ecutive could 'select any one he chose to
act as adjutants general, as he had exer
cised the power of creating those offices.
Colonel Hayne could not have been'rr
tained" as inspector general, because that
office was abolished- by law.. For what
puipcse, then, can it be said, that colonel
Hnyne, inspector at the time, was re-
, tained" as adjutant general ? It certainly
cannot be tq elucidate the subject., It' is
evident, therefore, that the appointment
of col. Gadsden is, in no particular, paral
lel with the appointment of col.Haynp.
The latter avowedly was iii the absence
tf all lawron hat subject, and the former
professedly in pursuance of law. By tra
cing the progress, of the principles, for
which the committee nuw contend, thro'
the vicissitudes of the" Revolutionary war,
, it will be seen that the basis of our rules i
jfor tlie govemmen. of the army, was es- ;
jtablished as early a the SOth of June, -
j 1775; and by these rules sutlers, retain- i
ers, and other persons of the armyT (hotl!
being soldiers,) were made subject, to the ;
articles of war. ' ';T'i--r:':r' j
BjTa resolution of the 10tli ' Jahuary,
1778J, reducing t h e number of regiments
on the con tin ntal t stablishmenf, it was di- .1
; rected, in order to avokl just Cause of com- j
plaint, as to rank, those charged with the
siblel to the militart line.
:LlJ j. ii - .-i.-j II
By a resolution of the 27tbhMayv 17r8,
it was ordained that aids-de-camp, bri-
jgade majors, and quartermasters heret o
fore iappointecl fron the line, were to hold
uieir present ranK, ana oe aamittea again
to the same, but were not to command any
one bho commanded them while in the line.
On the 3d of October, ,1780, among o
thertthings, it was .directed for the regi-
fments to-be. raised i the commander in
chief, was to direct, the officers of . regi
ments to meet and agree, upon 'the officers
for tliem from among those who inclined
to sesVe ; and, when it could not be done
by agreement, it was to be determined by
seniority ' ' .A'. ''
On the 22d of April,, 1782, it had been
found necessary to re'duce the lieutenants
of each regiment to ten; and it was provi
ded that" the reeluction should be made
ftt)mhe supernumerary junior lieuten
ants in each regiment .
' On the 7th August, 1782, it became ne
cessary further to arrange the army, ac
cording to the- resolutions of the Sd and
21st October, 1780, and for th'w purpose
it was provided that the junior regiments
should be drafted to fill the senior, regi
ments, and the commander in chief should
direct the officers of the line of each state,
to meet and agree .y? ho should command
the troops so arranged ; ahd w hen they
could net agree,; the junior officers each
grade were to retire Under, this resolu
tion,! it became doubtful whether a senior
officer could retire with honor, if he would;
and Jon the 19th November, it was, by a-J
uunu;r icswiuuui'i ;iuviuru iliac ine senior
ojficrrs q each .grade should, under: the
actjof the 7th August, be retained, and
that the redundant junior officers hi the
several grades should retire ; but thel
conunaiider in chief might. permit a senior
tovretire. lThe;,comniittee appcalx with
yenc ration to thibVtriod of - our military
history forhe cbrrectiksSjOf the doctrines
thtjf now chteud tor, and cannot but mark
the f contrast between theijtinr.tnle then
jheld sacrfdand those which were itro-
:aucea id ine iaie rtauctioii ci .tne army.
,in tne a stcuonot the2cnirtic
2crrticleof the
constitution of the United States, it is pro
vided,, tbat the President halp. have
power to nil up ail vacancies that may,
happen during the. i tces.s; 61 the Senate,
by granting commissions which shall ex
pire at the enti oi the next session." If
itGadsdeh are 'nommaTed," wer original
Fvacancies created bv thetVct of cbe 2d
March, -1821, the committee contend that
they were it; filled agreeable tci the pro-:
visionsof the constitution p J he . words
"all vacancies th tnay happen during
the recr of the Semite1 1 evidently ; hiean
vacancies occurring from ;'diehj!''':resigna'
tionVVproibotiohV or rernovkV;' the word,
happen must have reference to some ca
sualty not provided frf by law Ori
ginal i vacancies - niust mean offices cre
ated by lawj andi- not refpre";f Ued
Admitting thenr that-the office to which
eq, were -original vacancies, created ov
the law'to reduce the! army, the Senate
was then in session, ; and these nominations
were not made during tha sefsion.s' From,
whence does the President derivejhjs pow
er to fill t h ose offi ce ' n t h e recess pi the
Senate ? v Certainly not from the constitu
tion"; because the Senate "was. in session
when the law passed, and the appqiht
ments were made; after the adjournment
of Congress ; and he had no power to
make them in the recess, because the va
cancies did not happen n the recess of
the Senate. "The committee believe this
is the fair construction of the constitution,
and 'the one heretofore j observed. ,For
many Instances hae "'occurred where ioffi
ces have bt-Vn created by law, and special
j.power was given to the President to fill
those offices in the recess of the Senate,;
andno instance Has before occurred,
within the knowledge of the committee,
i where; the President has felt himself au
j thprized to fill such vacancies, .without
i special authority!, by law. v Hence;, the
I committee conclude," from, the President's
own-showing, that the appointments of
Cols. Towson and Gadsden were not au-thorizjE-d
either by the constitution or law.
The committee take; great pleasure in
admitting the merits, of these gentlemen,
but believe that this consideration cannot"
fairly enter into the-construction of the
law and constitution. .But tliey do not ad-
mit tnat tneir claims on the country are
I superior to those who have, been putfout
; of their proper places itf the army, in or-
der that these gentlemVn might occupy
them. And, whilst the committee for-
! bear entering into a comparative, view of j
tne merits ot ail the onicers lilegauy qis- ll
I charged, and those put into their places, t
they must be permitted ;to say that Gen. f
msseu enrereo tne service, as a soicner,
about the vearwl790. and Tor. his distin
guished bravery at St. Clair's defeat, was j
promoted from a sergeant -to, an ensign, j
and has risen through every rank. to that;!
of a brigadier general in , the late wafr ; j
and that, in every situation, he has beeri
distinguished for his bravery apd Correct
military conducts Col. Smiiii has lately
been recommended iathe warmest terms,
by -Gen. Brown for the important office
of Governor of Florida, and has been ac-
tually nominated bj the. President to the
Senate for. the office of judge of that ter-
, i ne committee are or opinion, ii inosc
'officers merited dismissal in-the judgment
rr . .. r ? r
of the board, the reasons tor tneir dis
charge should have been stated, and the
necessity of the act justified,5 but that it
cannot be correct to attribute; it to the
operation of the law of 1821, when the
provsions of that act had lib effect' on the
measure. ; '";; ;: '- '. ' ' . ';., ' ..'
When the committee add tfieir acknovv
Iedgment to the assertion of the merits of
Coh hcls Towson and Gadsden, it is pro
per they should repel the' inference that
the rejection of their nominations, by the
Senate, evinces a disregard of. their me
rits, or an . indinerence to their lust 're-
Ward. Whether a suitable, provision ought
to.be made for Col. Towson .is not now
the question. That was done by the act.
j By it he was left in thej office of -Paymas
ter General, a place of distinction and su-f
perior emolument. Col. ' Gadsden, :too,
was left by the act in the office of Inspec
tor General, in which he might have been
continued and heC necessity thereby a
voided of reducing ,6l Jones; who had
bten twice b revetted for distinguished gal-;
lantry during the. late war, tp the rank of
captain, which he had held at its com-;
mehcement. . -C ; :V 'fy".
.r The committee regret that there exists
ialifference of opinion between 4he Presi-
j dent and Senate, and must express anun
, feigned regret that, in the' vdlscharge of ai
r paramount auty, they, snouia naveinauc
l ed a suspicion of an arraigument oi" his i
motives, or a want of tdu& consideratioh;
r on their part. of these nominations .when
' first presented. The questions ifr issur
are not oi a personal or political cnarac-,
ter in which tlie merits of the officers are
at all concerned,' but are of law. and con-:
stiturtoh;; ' ": ' ;: ' .'
'On such) questions, the President and:
Senate might differ, as do jthe. highest : ju
dicial; tribunals of our country, without a;
suspicion of unkind' feelings. With that
dtsposition to harmony ; and good feelings
whicli, does, andj it is to be hoped always
Will exist on the part of, the Senate tow
ards the chief 'magistrate of the nation,
the committee have carefhlly examined
the' message of the 12th of : Aprili 1822
and have not been able to discover any
views, in that message-which ; were not
presented, and duly considered during:
the deliberations which-occupied the se
rious attention of the Senate fur mere than
iths before these.nominations yere
HbWver delicatcl f th measure
of sending back to the Senate, npm ihations
rejected bthemVri: however ljable to
buse the practice, in f pthef times,! might.
oecbm'e1; the cjmstk
the Prpldettt1 fronT dohigo ; but;hilst
it imposes no restriction f on hisdiscretion
in this particular, the; right belongs to the
Senate to Confirm 6r reject; thetri . If a
difference is thus prndufced," the Senate
have no Aieahs of avoiding it, and it. rests
with the President f to create ,or continue
such collisions, at , his disfcretion; hder
the foregoing Views, ;your committee be
lieve it ta be; their duty to fsubmittO the
Senate 'the following resolution : '
: Re&blved. That th& benate ao not aa-H
oreoislTw
MONDAY, APRIt 29:
' ' t '. ' ' '.!.'-'t; ! . -,
The Senate proceeded to consider thg
message of the 12th of April t. nominating
JNatnan 1 owson , ana Tjames .iaasucu iu
military ' appointments; Jogfether with the
report bf v thelmilitary , commjtteer thire
On the question, " Wiu tne .aenaie aur
se aiitl consent tbvthe;app)intmeU3f j
vise
Kathan To wson , to-be colonel of . the. se-
cond regiment
ent of artillery t") it was de-
Ye as- Me ssrsV . Barbouryr Brown, or Lou;
Brown !oC Ohio, - Eaton,' I Eidwards, VFindlay,
Holmesj of 3Iiss. Johnson of. Ken Johnson,
of Lou.! King of Al. Knighf, Lanman, Parrott, 4
Rodney, Southard, tokes, Talbot: 17. ;
Nits-Messrs.' Barton, I Benton, Chandler;
Dickerspn, Gaillard, Holmes of Maine, ingj
of N. Y; Lloyd, Lowrie, Mp.con Mprril; No
ble, Palmer, Pleasants Ituggles, Seymour,;
Smith, Taylor, Thomas,' "Van Buren, Van
Dyke; Walker, Ware, Williams,; of. Miss;
"Willian s of Tenn. 25, f' ": :iS ,
On t m- question, ".Will the Senate ad-
vise and consent to the appointment of
. James jadsdeito be Adjuiant General
j jt as aetermma as iohows,: v -I
Ykas-I Messrs: Barbour, Brown; of Lou.
! Brown,! of Ohio, EatonV Edwards,1 Findlay7
Ilolme of Miss. Johnson, oi hen. Johnson, ot
Lou, King, of Alab: Knight, Lanman, Pairott,
17. I. ... U' :: '1 f; : v'--
Nats Messrs. Barton; Benton, Chandlery
Dickersori, Gaillard; Ilolraesof MaineKmg
ot N. Y. Lloyd lwrie; Macon, Aiorm, jo-
bfe, Palmer, Pleasants, Kuggies, beymour;
Vaj) Dyke; Walker, Ware; Williams of Tenm
25.
ISo it! was resolved - that the Senate do
not advise- and consent I to the appoint
ments of Nathan Towson and James Gads
den.
Laws of tht lJnitei States,
Anjact relating to Treasury Notes.. :
Be it enacted by the Senate and fiouse
of Representatives of the United) States
of America, in Congress assembled, rlhat
from and after the passing of this act,, no
Treasury Note shall: be received in pay -ment
in account of the United Spates, pr
paid, or funded, except at the Treasury
pf theiUhited States.. , r ')''
Approved May 4; 1822. -k - r
An act for the. relief of certaih insoitent
. ? ;; - . '. debtors.:'!. I- V' ;' -2
Be t enacted by the Senate and: House
of Representatives of the United ' States
of America, in Congress assembled, That
so much of the seventeenth section of the
act, entitled H. An act for the relief of in
solvent debtors within $he : 'District of Co
lumbia," approved on the third day of
Mar:6, one thousand eight hundred and
three, as declares that j the; provisionVbf
the said act shall not be construed to ex
tend tp any debtorwhb has not resided in
the Ifistnet of Colombia one year next
preceding his application for reliet under
the said act, sii al I be, and the same is
hereby"" .repealed i'JProvidedi s That ho
disohare-e under-1: this act orthe act; to
which!
it is amendatory; shall operate a-
gainst
limits
anv ? creditor residing without' the
bf the District of .Columbia, except
the creditor at whose instance the debtor" 1
rinay be; confined. This act. shjUl oih
passing thereof.-'v; -- 'f- ;rj ;:' "' ' ''
;.Apbroved;:May;6;; T;:
An. act to . provide for paying; to the State
;ofissouri,ississippnd Alabama;
three per centbf te:nett proceeds ; a-
risiugfrbm the sale bf the Public L-ands
withm the same. ; . ,. ' v
Hj8 t enacted by the SendU and House
cf Repnsentdlives AbJtUmttdtci
the Secretaiybf the XreasuryjShall,trom
time'tb time, and whenelver tnecruarier-
iv accounts of Dublic moneVs of tlieseyefi
ral land offices in the id state of Missouri,,
ri shall be &ettied,;pay.three per cent, of
the nettprobeeds of the, lales ot the lands
of-ahb Unitfcd States ;lying ; within - the,
stte df Missouri, which, since the; first
ttay ot January, one; thousand eight I him
dred and twenty -one, have bten,or here
after niay be; sold by the, United: States,
after deducting1 all expenses incidental to
the same to snch person or persons, as
ihajr oi shall be authorised by the, Legis
lature of the said state of Missouri to re
ceive the same ; which suiii or sunjs, thmr
fpaid. shall bepplied ihe! making
public7 roads; : adO ;candh.w1jtHiA ' $6 .isa-vrl. U
state: of IVTissouri tinder the: cfiVectioji ej ;
provisions ononis suojecc container m tne
act of Congress of the sixth pMarcbibh. ?
thousand , eight hundred ahf)T-tWenfy, n
oUh :Missour1 erritbryiiTorni at--- ;i. :f.
stidtrort and ; state, gdrrimentj ikndl
thVadmisston of such state ihto the.Unipnur. ' -fib
oh ah equal footingtwith tne original states;'-, . '
ano to oronioic siaverv-lH-cenainritErrKO; '- . - ,
Ties;,:ana torno other ptirjosevrAna aa !:wu ,
-biitialoaCDfjte:ae' shaHbetralns- , b I ,
I by such-mfcer or person, v oHthe state as f
f the legislajureV thereof sh all ?direct;nd ;!: r j U ,
ifes "application iahy' ;be eand,l f ::
; in default of such returh; being rnadetiie); ' t
j Secretarybf he Treasdry ls hereby re;- ij j lfji:
pquireg--ro wuunoiajne ; pamenf oi anjr ; r I
sum . or sums," that m ay ttieti i - be 'due, or t:
which-thereafter may" beto'me" due 3 until
a return shall be made, as herein.requir-'
ed.;.-,, ; . v., .r ; ' ,J. . . - - . j
the Secretary, bf theTrea&ury shalt,v frbm j
time to time, and whenever the quarterly." ?
accounts of . public moneys of the. seyerat '
land offices id the state of Missibpivshall .
be settled; pay three per cemlof the nett
proceeds of the sales of ih.ecjands'- of the v"
United States" divine within thestaU' of
Mississippif jwhchmce the first day bf : . ;
December one thousand eight hundred&f . -, J
be, sold by the United; States after ,de-: v l
ducting all expenses incidntfto the same
to such person or persons as niajr or sbalL . y .
be authbrized 'jbythe legisfaturbof the satT rY
state of Missisippii tb receive the sairie jv : ;
which sum or sums thus paidi shall beepj ,
yithin - vthe"said: 8tateaccorjdinctthe; ;.
provisions on this subject coiUairteda ifi&r ;i .;-? ;' 'u
act, enttiea,' An act to enapie tne; pepr -pie
of the y esteru part of the Mississippi
territory to form a constittitoh andfstHte
gdyernm.ent,4 and for the admissiont such. .
state into the Uni6nn an"equaV doting 4
with the original states;' and to ribther
purpose-;:-'and :-fiti. a'liiiiial-.. accbtitipfi the,- '
same shall be transmitted to theSecreU--
tv nf thp'TTPaaiirVi hv siihh officer Or Der
son of the state, as the legislature thereof .' y 'A
khall direct; and of jts applwatidn4 any
be made-: artdr; in default of such-retard.'-
being made, the Secretary pf the 1 reasur
ry ; islherebyqufred -paynieut
jrbf any iubr sbbis thatmay u
their be due, or which, thereaftcray be- '
borne due,, until aetiirb haH b'foaue as v ;
herein required.' ' ..; '- vj
Sec. $ Jind bi it further enaeti-dsTtitLt; ,
the Secretar vvof the .Treasury : sliaUrirotii
time to time, land jhejie ver. .the! bu artevly if ,
I Accounts of public moneys of the several ' .":;v
land offices in the s ate o Alabama, shall v
be setUedjjay three per berttfof the rieit ; '
prc)ceedsbf the. sales of the? lands of the' -Umted
States lying within. the state of A ' ; r
labama; w hich, since the first day of Sep . '
tembeiy-in thc year bne thpttsand eight ,
hundred and nineteen, have been; orherer
after mav be.' sold bv. the United' States
after deductifig all experts incident jbo
the same, to such person. -or, persbiis ast .
may or shall be authorised by the Legis- ,v
latureof the said state of; Alabama to re
ceive. the sane," vhith sdu or sums, thust.
paid.,' shall ' beapplied tb making public
roads and canals, ,atid ijnprving the pa-:
vigaipb of rivers, withib'the said state of
Aiabama;-under the dictnf 'thXI
gislature thereof, ''accbratng)t the provi-
sions on this subject contained m the &ct
entitled An act to enable itib people bf '
the Alabama Territory to form .consti-. v
tutiou and state goyernment,fandfor the
admission such state imb'tlie union bni .
an equal footing with'theofl filial states,'
and to ho ; other purposef 1 and an . annual
account; of the same shall bi itrahsfhitcedi .
to the Secretary of the Treasury by'. sucrt
officer or person of the state as the legis
lature tliereof shall direct; land oi its ap--plication,
if any be made rand in default
ofuch returh being made. the. Secretury
of.: ttierf Trsury ;is . hereby required , t3f t
witnnoia tne pay cnent or any sum or, sums
that may then be due, or which thereafter,
may ' become-due,' -butil a rctarn, shair
made as hereib required : PrQvidedt'iat
the Secretiir' ot the.TTeasury shall, uoc i
allow xo either ol the . said I states ct Mis-;
sisaippi aud vAlabaoia tliree per cent, ort
the uett proceeds; of the- sales of puolio "
jauus wiufiu lueiimiis or tne lace missis
sippi fferritoraitertleductiug inciuen
tai expehces; uirtdthe.' sum jot one . iilioni
two huubredr and -fifty thujaiand dollam
-ui)iwloselpaid'by. the Uuited Spates
to the btate1 bf Georgia; for line cession of
uieAIissitoipp cbmiosius
the states fot iviisis'sippl and Alajinia
shall have b1;wi rivst paid aud Ucductcd z
norluutU die stocfc'ci ea.ed uiidcr tLe p'rb-H
visicm ot the act ot CtAigress ut tfrgttorj.5t fl,Ki
-nrsVpiMarehtoneoaie bub-. 'ui
dreU;addiouriecii,ebiuied '( ',
Claiinaiivs of public lands ni-theMbsu3i'
errndry," and thelpt pleinebtar;
mere to, sUul t ' have been redeem cd, .or' i"
not eiuirciy reuceuitrd.'ihe Tituue to b
deuueteu. trcnAtntenett proceed.-r-
: A ApprovedayVlS:' sVy .
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