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ARTICLE III.

The present act of cession or agreement shall be in force as soon as the legislature of Georgia shall have given its assent to the boundaries of this cession; Provided, that the said assent shall be given within six months after the date of these presents; And provided, that congress shall not, during the same period of six months, repeal so much of any former law as authorizes this agreement, and renders it binding and conclusive on the United States: But if either the assent of Georgia shall not be thus given, or if the law of the United States shall be thus repealed within the said period of six months, then, and in either case, these presents shall become null and void. In faith whereof, the respective commissioners have signed these presents and affixed their seals. Done at the City of Washington in the District of Columbia, this 24th day of April, 1802.

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Witnesses,

J. FRANKLIN,

Senator of the United States, for North Carolina. SAMUEL A. OTIS,

Secretary of the Senate of the United States.

JOHN BECKLEY,

(Miss. Terr. Stats. (1816) p. 35.)

Clerk of the House of Rep. of the United States.

ACTS ENLARGING THE BOUNDARIES OF MISSISSIPPI TERRITORY.

AN ACT

Enlarging the boundaries of the Mississippi Territory, entitled "An act supplementary to the act entitled, 'An act regulating the grants of land, providing for the disposal of the lands of the United States, south of the State of Tennessee.'

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SECTION 7. And be it further enacted, That the tract of country lying north of the Mississippi territory, and south of the State of Tennessee, and bounded onthe east by the State of Georgia, and on the west by Louisiana, shall be, and the same is hereby annexed to, and made a part of the Mississippi territory. Approved March 27, 1804.

(2 U. S. Statutes at Large, 303.)

AN ACT

To enlarge the boundaries of the Mississippi territory.

Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That all that portion of territory lying east of Pearl river, west of the Perdido, and south of the thirty-first degree of latitude, be and the same is hereby annexed to the Mississippi territory; to be governed by the laws now in force therein, or which may hereafter be enacted, and the laws and ordinances of the United States relative thereto, in like manner as if the same had originally formed a part of said territory; and until otherwise provided by law, the inhabitants of the said district hereby annexed to the Mississippi territory, shall be entitled to one representative in the general assembly thereof.

Approved May 14, 1812.

(2 U. S. Statutes at Large, 734.)

ACT ESTABLISHING THE ALABAMA TERRITORY.

Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That all that part of the Mississippi territory which lies within the following boundaries, to wit: Beginning at the point where the line of the thirty-first degree of north latitude intersects the Perdido river, thence east to the western boundary line of the State of Georgia, thence along said line to the southern boundary of the State of Tennessee, thence west along said boundary line to the Tennessee river, thence up the same to the mouth of Bear creek, thence by a direct line to the northwest corner of Washington county, thence due south to the Gulf of Mexico, thence eastwardly, including all the islands within six leagues of the shore, to the Perdido river, and thence up the same to the beginning, shall, for the purpose of a temporary government, constitute a separate territory, and be called, "Alabama."

SEC. 2. And be it further enacted, That all offices which may exist, and all laws which may be in force, in said territory, within the boundaries above described, at the time this act shall go into effect, shall continue to exist, and be in force, until otherwise provided by law. And the president of the United States shall have the power to appoint a governor and secretary for the said Alabama territory, who shall respectively exercise the same power, perform the same duties, and receive for their services the same compensation, as are provided for the governor and secretary of the Mississippi territory: Provided, that the appointment of said governor and secretary, shall be submitted to the senate, for their advice and consent, at the next session of congress.

SEC. 3. And be it further enacted, That there shall be appointed an additional judge for the Mississippi territory who shall reside in the eastern part thereof, and receive the same compensation as the other judges; and that the judge appointed by virtue of an act, passed the twenty-seventh day of March, one thousand eight hundred and four, for the appointment of an additional judge for the Mississippi territory, together with the judge appointed for Madison county, and the judge to be appointed by virtue of this act, shall possess and exercise exclusive original jurisdiction in the superior courts of

Washington, Baldwin, Clarke, Monroe, Montgomery, Wayne, Greene, Jackson, Mobile, Madison and of such new counties as may be formed out of them, and shall arrange the same among themselves, from time to time: Provided, that no judge shall sit more than twice in succession in the same court, and that the other judges of the Mississippi territory shall exercise, as heretofore authorized by an act of congress, or of the territorial legislature, exclusive jurisdiction in the superior courts of the other counties. That a general court, to be composed of the judge appointed by virtue of the act of twentyseventh of March, one thousand eight hundred and four, the judge appointed for Madison county, and the judge to be appointed by virtue of this act, or any two of them, shall be holden at St. Stephens, commencing on the first Mondays of January and July, annually, who shall have the same power of issuing writs of error to the superior courts of the counties mentioned in this section, or which shall hereafter be formed in the eastern division of the territory, which was given by the act for the appointment of an additional judge, passed the year one thousand eight hundred and four, to the superior court of Adams district, and which shall possess, exclusively of the courts of the several counties, the federal jurisdiction given to the superior courts of the territories, by an act passed the third day of March, one thousand eight hundred and five, entitled "An act to extend jurisdiction in certain cases to the territorial courts."

SEC. 4. And be it further enacted, That the governor to be appointed under the authority of this act, shall, immediately after entering into office, convene, at the town of St. Stephens, such of the members of the legislative council and house of representatives, of the Mississippi territory, as may then be the representatives from the several counties within the limits of the territory to be established by this act; and the said members shall constitute the legislative council, and the house of representatives for the aforesaid Alabama territory, whose powers, in relation to the said territory, shall be, until the expiration of the term for which they shall have been chosen, or until congress shall otherwise provide, the same in all respects as are now possessed by the legislative council, and house of representatives of the Mississippi territory; and the said legislative council, and house of representatives of the Alabama territory, so formed, shall have power to nominate six persons to the president of the United States, three of whom shall be selected by him for members of the legislative council, in addition to the number which the said territory may possess, agreeably to the foregoing provisions. of this section. The said legislative council and house of representatives, shall also have power to elect a delegate to congress, who shall, in all respects, possess the same rights and immunities as other delegates from territories of the United States.

SEC. 5. And be it further enacted, That this act shall commence and be in force so soon as the convention, the appointment whereof has been authorized by congress at their present session, shall have formed a constitution and state government for that part of the Mississippi territory lying west of the territory herein described; of which act of convention the governor of the Mississippi, for the time being, shall give immediate notice to the president of the United States, who shall thereupon forthwith proceed to the execution of the powers vested in him by the second section of this act; but in case said convention shall fail to form a constitution and state government, as aforesaid, then this act shall become null and void, except so far as relates to the third section thereof, which shall take effect, and be in force, from and after the passage of this act.

SEC. 6. And be it further enacted, That all persons who shall be in office within the territory hereby established, when the said convention shall have formed a constitution and state government, as aforesaid, shall continue to hold and exercise their offices, in all respects as if this act had never been made; and the governor and secretary of the Mississippi territory, for the time being, shall continue to exercise the duties of their respective offices in

relation to the territory hereby established, until a governor and secretary shall be appointed therefor, in pursuance to this act.

SEC. 7. And be it further enacted, That all judicial process in the said territory of Alabama, shall be issued, and bear test as heretofore; nor shall any suit be discontinued, or the proceedings of any cause stayed, or in anywise affected by anything contained in this act, or in the act entitled "An act to enable the people in the western part of the Mississippi territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states."

SEC. 8. And be it further enacted, That the town of St. Stephens shall be the seat of government for the said Alabama territory, until it shall be otherwise ordered by the legislature thereof.

SEC. 9. And be it further enacted, That whatever balance may remain in the treasury of the Mississippi territory, at the time when the convention authorized to form a constitution and state government, for the western part of said territory, may have formed a constitution and state government for the same, shall be divided between the new state and territory, according to the amount which may have been paid into said treasury from the counties lying within the limits of such state and territory respectively.

Approved March 3, 1817.

(3 U. S. Stats. at Large, 371.)

ACT AMENDING ESTABLISHMENT OF ALABAMA TERRITORY.

AN ACT

To alter and amend an act, approved the third day of March, one thousand eight hundred and seventeen, entitled "An act to establish a separate territorial government for the eastern part of the Mississippi territory."

Be it enacted by the senate and the house of representatives of the United States of America in congress assembled, That the judicial power of the judges of the Alabama territory, appointed, or hereafter to be appointed under the authority of the government of the United States, shall extend as well to any other county or counties which have been or may be found (formed) within the limits of said territory, as to those which are specially mentioned and named in the act entitled "An act to establish a separate territorial government for the eastern part of the Mississippi territory," approved March the third, one thousand eight hundred and seventeen. And that in such county or counties, superior courts shall be holden by said judges in the like manner and with the like powers and jurisdiction as the superior courts are now directed by law to be holden in the counties specially mentioned, as aforesaid, in the act aforesaid. And the powers of the general court of the said territory shall extend to all cases of admiralty and maritime jurisdiction: And their judgments or decrees in such cases shall be subject to appeals to the supreme court of the United States, in like manner, and upon the like terms, as appeals in similar cases are allowed and prosecuted from the judgments or decrees of the circuit courts of the United States.

SEC. 2. And be it further enacted, That the legislature of said territory shall have power to appoint, change, and regulate, the times and places for holding the superior courts in each of the counties of said territory, and also to prescribe the number of terms to be holden in each county: Provided, they do not exceed two annually.

SEC. 3. And be it further enacted, That so much of the said act approved

March the third, one thousand eight hundred and seventeen, as provides "that no judge shall sit more than twice in succession in the same court,' be, and the same is hereby, repealed.

SEC. 4. And be it further enacted, That the secretary of said territory, judges, members of the legislative council, members of the house of representatives, justices of the peace, and all other officers, civil and military, who may not have taken an oath of office, 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 for the faithful discharge of the duties of their office; which oath or affirmation shall be taken before the governor of the said territory, or such person as he shall appoint and direct. Approved April 20, 1818.

(3 U. S. Stats. at Large, 468.)

ACT FOR THE ADMISSION OF ALABAMA.

AN ACT

To enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states.

SECTION 1. Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, That the inhabitants of the territory of Alabama be, and they are hereby, authorized to form for themselves a constitution and state government, and to assume such name as they may deem proper; and that the said territory, when formed into a state, shall be admitted into the Union, upon the same footing with the original states, in all respects whatever.

SEC. 2. And be it further enacted, That the said state shall consist of all the territory included within the following boundaries, to wit: Beginning at the point where the thirty-first degree of north latitude intersects the Perdido river; thence, east, to the western boundary line of the State of Georgia; thence, along said line, to the southern boundary line of the State of Tennessee; thence, west along said boundary line, to the Tennessee river; thence, up the same, to the mouth of Bear creek; thence, by a direct line, to the northwest corner of Washington county; thence, due south, to the Gulf of Mexico; thence, eastwardly, including all islands within six leagues of the shore, to the Perdido river; and thence, up the same to the beginning.

SEC. 3. And be it further enacted, That it shall be the duty of the surveyor of the lands of the United States south of the State of Tennessee, and the surveyor of the public lands in the Alabama territory, to run, and cut out the line of demarcation, between the State of Mississippi and the state to be formed of the Alabama territory; and if it should appear to said surveyors, that so much of said line designated in the preceding section, running due south, from the northwest corner of Washington county to the Gulf of Mexico, will encroach on the counties of Wayne, Greene, or Jackson, in said State of Mississippi, then the same shall be so altered as to run in a direct line from the northwest corner of Washington county to a point on the Gulf of Mexico, ten miles east of the mouth of the river Pascagoula.

SEC. 4. And be it further enacted, That all white male citizens of the United States who shall have arrived at the age of twenty-one years, and have resided in said territory three months previous to the day of election, and all persons having, in other respects, the legal qualifications to vote for repre

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