December 1809
Humbly Petitioning
Showeth unto this Honorable body of National representatives--We the members of this convention have convened together for the purpose of more conveniently representing to our National Legislature the manifold grievances under which the people of this country labour--We have thought as the Representatives for a free people that we might state our difficulties to our national Legislature with a hope of haveing them removed--Under this idea we shall proceed to enumerate them in our plane way.--In the first place we would state that numerous has been the Petitions that have went from this county relateing to the private claims of Citizens to lands, but in the number that have been sent we, can confidently say, that but in one only has the National Legislature been addressed on the subject of the claims of the citizens of this country to lands on the east Bank of the Tombigbee River, some time in the year ‘95 (this county then being under the Jurisdiction of Spain) Five Grants or Orders of survey were issued from the Spanish Government in favour of the following persons for the following quantities of Land, towit in favour of John Johnston Senior for eight hundred Acres of Land, also in favour of William Powell for eight hundred acres situated opposite to McIntoshs Bluff, which said orders of Survey were Registered in the Land office east of Pearl River agreeable to Law--also john Baker George Brewer and Thomas Malone also has claims either as its original owner or as Representatives--
All which tracts of Land has been under cultivation from the said year of ‘95 to the present time,--Your Memorialist beg leave to further state that at the time of the said Spanish Government granting the aforesaid Lands it was understood that the people of the country could have lands on either side of the River in Consideration of the Indian title being distinguished on the east side of the said Tombigbee by a Treaty entered into between the said Spanish government and the Chactow Nation, which said treaty was obtained from the Spanish government at Mobile and given to General James Wilkeson to be transmitted to Congress--The Number of tracts of land claimed by the Citizens of this country are only five in number, a number of which claimants or their Representatives have cultivated the lands aforesaid for the space of twenty Years,--and as the quantity of Land claimed is small, but as a Drop of water in the ocean to the U States in consequence, and as equity and Justice most clearly declares, that those claimants are as much entitled to the Lands aforesaid, as the other Citizens are to the Lands on the West-Bank, both granted at the same time and under the same circumstances--We fondly hope the Representatives of the U-States will not at least bear deaf ear to the claims aforesaid, if not in fact to grant to them, what in right and Justice appertains.
Your Memorialest begs leave to further state, that the act of Congress appointing an additional Judge for the Mississippi Territory for Washington District renders that Judge the sole Abitrator of the lives and Liberty’s of the people of this District it is true we have an appeal the Lawyers informs us by the way of a writ of Errors, but that is founded only on the error in the Records of our Court--we have no change of the man, who are clothed with the Judicial authority, the same individual still presides--and we have the boldness to say without reflecting on any person, that no man let his situation be what it may but what has his prejudices--if it should be thought improper to appoint an additional Judge, we humbly pray that the Judge’s of the Mississippi Territory already appointed shall preside at this District Court alternately--And we do further pray a Division of the Mississippi on the condition’s hereafter mentioned--and not in the manner of the Petition first sent to Congress---
A Convention of the people of that part of the Mississippi Territory East of the Pearl River by their Deputies pursuant to Election, Do adopt and recommend the following as the basis of the form of Government they wish in case the General Government do divide the Territory agreeably to a petition lately preferred to Congress for that purpose---
The tenure of all Offices not herein expressed to be Elective or by fair implication so understood, shall be during good behavior.--
There shall in no case plurality of Office, (by deputation or other wise) concentrated in the same man, nor shall any person holding any Office of Trust or profit under the federal Government or the Government of any one of the United States or any Officer of the army hold or exercise and fill any Office by deputation or otherwise--
That the Governor and a Secritary of the Territory be Elected by a majority of the votes of the people--
That no person who shall not have attained the age of Thirty five years and be a natural born citizen of the United States shall be eligible to the Office of Governor--
That the Legislature consist of two branches a Senate and house of Representatives to be Styled the General Assembly of Mobile--
That the Representatives shall be chose annually by the viva voce suffrages of all free males of and over Twenty one years of age who shall have paid a Tax and resided six months before in the County where the Election for Representatives shall be held--
That the Senate be elected every two years, and that the same qualifications of suffrage and the same manner of voting has as in the election of Representatives--
That citizenship of the United States and one years Residence with a freehold or real estate constitute a capacity to be a representative or Senator--
That no person who shall not be qualified as a voter for Senators and Representatives, shall at any time fill any of the Judicial or Administrative Offices emanating out of this Government--
That all Elections, for Governor, And Sheriffs of the different Counties shall be triennial, and that a service of three years preclude a capacity of service or re-election for the three next succeeding years--
That no practising Attorney or Clergyman whatever be capable of serving as a Senator or Representative, or of holding any commission of profit or trust under this Government other than such as may properly pertain to his profession--
That the dissent of the Governor in no case be a veto upon the Bills passed by the Senate and Representatives, and in case of the refusal of his assent, the same bill shall be returned and a majority of three fourths of the legislature shall validate such Bill--
The time and place of holding all Elections shall be established by law but the right of suffrage and manner of voting shall be uniform and exactly as in the case of Elections of Senators and representatives.--
The rights of property and of title by descent shall be the same as those established by the Ordinance of Congress of Seventeen hundred and eighty seven for their Northwestern Territory, subject to such modifications as the General may by law adopt--
That the General Assembly shall be competent to the enacting all laws relating to Revenue, & to the Organization of the Militia not herein specially defined--That all Captains and Subalterns of Militia Companies be elected by a majority of the privates and non-commissioned officers of their proper and respective companies and, that all field Officers of the different Corps shall be elected by a majority of the Captains and Subalterns of the Corps by Ballot and not viva voce.
The Governor shall be chief of the General staff, and shall on the recommendation of the field Officers appoint and commission the Officer next in command---
That the Governor, and Judges of the superior Courts be commissioned by the President of the United States--
That the Senate and House of Representatives shall be competent to all the acts of legislation which are not herein expressly limitted and defined, and may organize, modify and establish the different Offices, and regulate the ramifications of Office,--and regulate fees of Office from time to time, and shall determine by law the penalties upon non-performance of Official duties--
All Offices civil and of the Militia shall be commisssioned by the Governor and all Clerks of Courts shall be first recommended by the Judges or Justices of such Courts, and that all Judges and Justices of Courts and Justices of the peace be of necessity recommended by a majority of the legislature previously to their being commissioned--
The Senate and House of Representatives shall the proceedings of their respective branches, may appoint their Officers and be the sole Judges of the qualifications of their members and value by law all infractions the peculiar Rules and by-laws which they shall adopt for the governance of their Sessions--
That no appointment in the civil department shall be construed to the exclusion of a capacity to be an Officer of Militia--
That all process and all Legislative acts be in the name and style of "The Mobile Territory of the United States"--and That all laws be certified by the secretary of the Territory before promulgation--
And we do further state that if the Territory cannot be divided on the conditions above mentioned we declare as the Representatives of the People we dot wish a Division, but be made a state with the rest of the Territry--
Signed by:
John Johnston from Capt Carson’s District
Jn Caller from The forke between the Alabama and Tombigbee Rivers--
Josiah Jones from the same place
Francis Stringer from his District
W Buford from the Tensaw District
Attest: Joseph Pulaski Kennedy. Clerk of the Convention