VM_E UNIVERSITY 1111 LIBRARY ilillllllllll1 W1 3 9002 07086 3908 . , - -a . / citizens. .'etitions from the citizens. 1817. D •'I give thrj I for the foujiding ef a. College ¦ «t ih 'i$, Gottm.yf' awwiiwAWw-v ¦^frTOS'qy^Ji! PETITION From the citizens of the counties of Clarke, Monroe, Washington, Mo bile, and Buidivin, in the Alabama Territory. October, 1817. DECEMBER SO, 1817. Referred to the select committee, appointed on the 17th instant, on a memorial of tlje Mississippi Convention, relating to an extension of the limits of that state Fort Stoddert, November ±2th 1817. DEAR SIR, I do not know whether I can sufficiently acquit myself of a charge of intrusion when in behalf of the people of the Alabama Ter ritory, I venture to lay before you the petition which accompanies this letter, and to solicit in their name, your attention to the prayer of it. The measure which we are informed has been adopted on the Mississippi, of applying to Congress for an extension of the limits of the new states has created, as far as my ^knowledge extends, an uni versal alarm in the Alabama Territory. Our citizens wjsh, if possi ble^ to ward off a blow so threatening to the best interests of the coun try. It is with this view that the petition which accompanies this letter has been prepared and signed, and as it is founded on principles which we flatter ourselves will meet with your cordial approbation, we are sanguine in the hope that you will give it your support. Did its merits depend on a mere party question, or were it intended to promote mere local interests, I should hesitate more than I do in soli citing your patronage. But I cannot help believing that the ques tion, whether a portion of the American people ean without their own consent be added to one of the states, and made subject to a form of government which they had no agency in establishing, is one of primary and radical importance, and in fact, more fundamental than any article of the federal constitution. Were the affirmative maintained, I know not where we should look for the legitimate basis of the American revolution; and should onlv have to lament the propensity of even republican governments when once organized and firmly fixed, to adopt the principles of their detested system from which they had revolted. The American states, when British provinces, maintained, that legitimate government could emanate only from the consent of the governed. This doctrine was the pillar of the re volutiarx. Is it pot* 2 sible then, that the same states can maintain, that American provinces may h:tve a permanent form of government provided for them with out their consent, or be transferred to new proprietors like a flock of sheep? To my mind the idea seems so completely at war with the prin ciples of our constitution and national existence, that I should not have admitted the possibility of its ever being adopted by an Ameri can legislature, did not the affair of adding a part of West Florida to Louisiana, seem to cast some shade over our political consistency. I have not at hand the debates which took place on that occasion. I think that some stress must have been laid on the consent and wishes of the people of West Florida on the occasion, and some, perhaps on their being a part of Louisiana as ceded by the French, and therefore entitled to the same form of government. If Congress did right on that occasion, it is well. They cannot do right now in the same way; for the people of the Alabama territory do not consent. The\ revolt at the idea of being united to the Mississippi state, unless the whole Alabama territory could be united to it: and even then they "would like to have something to say about the constitution they are to live under, and something about the men who should administer the constitution. Noom who is not personally acquainted, and indeed intimately acquainted with it, and who has not paid some attention to its local interests, and the probable rivalship which may exist between two great channels of trade from the western country to the Gulf of Mexico, and the contempt and indifference which has always beett discovered towards the subordinate channel; no one, I say, who has riot thought of these things could account for the solicitude we feel to avoid the proposed annexation of a part of this country to the new state But we do not rely on this view of the subject, because we believe that general principles are with us, and that some of the most sacred maxims of the American government, are so clearly repugnant, \o the measure, that they must be considered as dead on its adoption. But confidently as I speak, I am not sure that you, sir, may have different impressions. Views of the subject may have impressed your mind, to which I am a stranger. You may therefore be hostile to our petition. I speak, however, of a mere possibility, for I can not think it probable. If, however, it be so, I pray you still in jus* tice to us, to have-it presented. We have no delegate. We can have none in time to meet the question. We hear nothing of our governor. He must convene the legislature before a delegate can be chosen, and it will be some time after the governor arrives, that the members of the legislature can be notified to assemble. We can do nothing, but by petition, and we trust our petition ^jyill be heard. I have the honor to be, with much esteem, Dear sir. Yours, very respectfully, H. TOULMII^. To the honorable the Congress of the United Statea, the humble peti tion of the undersigned inhabitants, of the Alabama Territory, re siding near the waters of the Mobile, Respectfulit sheweth: That your petitioners have heard with the most serious alarm, that applications are about to be made to your honorable body by the new state of the Mississippi, for an extension of the boundaries of the said state so as to include at least the whole of the settlements on the western side of the Mobile and Tombigby rivers. Your petitioners view this proposed transfer of freemen like the vassals of European potentates, from one sovereignty to another, as so repugnant to justice and so completely hostile to the principles of republican America, that they persuade themselves it will receive from the representatives of the people of the United States, a prompt and indignant rejection. « That venerable instrument, the declaration* of Independence, hath established the sacred maxim that " ail men are equal"-A-and that " governments derive their just powers from the consent of the governed." But what equality of rights would exist, if the people of the Alabama territory were to be bound down by a form ot govern- tnent instituted without their co-operation by the people of the state of Mississippi? What equality could they boast of when they found themselves subjected to the controul of governors, and bdkind bv the ties of alle giance to a government, without having previously had the smallest agency in the choice of the one or the organi nation of the other? If the just powers of a government can be derived only from the consent of the governed, your petitioners have certainly a right to ex pect that their inclinations will be consulted, and that some means will be provided by which their consent may be manifested, before they are entangled in the ties of allegiance to a new sovereignty. They have indeed a right to expect more than jhis. They are as much entitled as their brethren of the Mississippi to have a voice in determining the previous question submitted to the convention, whether it be expedient to form a partial state out of the Mississippi territory? The voice of your petitioners has been decidedly against that measure. But it has been adopted, and they submit. But they cannot submit in silence to the doctrine, that after its adoption, they are liable to be bound like a band of captive slaves to the chariot wheels of a triumphant majority. They are not the inhabitants of a province acquired by conquest, or by purchase from a foreign power. They claim the rights of original citizens of the United States. The Alabama territory is, for the most part, a portion of the state of Georgia, one of the old thirteen confederated sovereignties: it is en- tilled py a solera^ compact with the state of Georgia to admission into the union when its population shall be sufficient, on " an equal foct- " ing with the original states, in all respects whatever, with liberty to " form a permanent constitution and. state government." But what will become cf these privileges if the people of the territory can be transferred in parcels to the adjacent states? and how dishonorably will the national faith be violated, if your petitioners are stripped ot that right of forming their own constitution, which they are as much entitled to, as any of the original parties to the federal compact! Your petitioners humbly conceive that the reasons which they h;ive suggested must be conclusive with your honorable body, against any extension of the territorial limits of the state of Mississippi: but there are various considerations which induce your petitioners to be immbveably hostile to the measure. # 1. It will retard the admission of the Alabama territory into the Union as an independent state and will considerably augment the burdens of the government, when it is addmitted. 2. Considering the actual situation of the country, and the state of its population, the dividing line proposed to be established between the state of Mississippi and the Alabama territoiy, is the most unna tural one that could possibly be dev ised. Il is true that in a country where the population is regularly scattered over the whole surface ot it, a river may be regarded as a natural boundary. But in a country where the population is confined to the vicinity of the water courses, and the whole face of the territory besides is a wide waste, a river es pecially if it be only of a second rate in point of magnitude, it becomes the most inconvenient and unnatural boundary imaginable. Such a. boundary separates neighbors. It places under different governments, those who arc in habits of daily intercourse. It facilitates the evasion of both civil and cri minal ptocess, and multiplies the means of rendering the laws a laughing stock to the lawless Under the circumstances in which your petitioners are placed, it will frequently separate one part of a family from the other, and leave the plantation of a citizen in one state and his mansion house in another. And what would be gained to compensate for these inconveni ences? Nothing, but the saving of the expense of running one addi tional line through a country where hundreds of thousands are already run under the authority of the national government. 3 If your petitioners have been accurately informed, one of the most impressive considerations which induced the late Congress to divide the Mississippi territory, was the danger of a collision of inter ests between the two great communities living adjacent to the Missis sippi, and to the waters ot the Mobile. A future want of harmony in the counsels of the new goveYoment, and perpetual feuds among the people, were anticipated as the natural result of such a collision. But the proposed alteration in the boun dary line will renew and augment those very dangers which the di. vision var u. art to guard igainst. The only difference to be perceived is that with the limits now 'contemplated by the Mississippi people; the result of every struggle between the two communities will be, that the people of the Mobile will be made to pass under the yoke. 4. The rivers Tombigby and Mobile are formed by nature to be one great channel of intercourse between the western states and the Gulf of Mexico. This channel ought to be subject to the regulations ol a single sovereignty. It should be under the superintendance of a legislature, which will not odH be sensible of its importance, but feel an interest in pro moting its utility and affording to nature all the needful succors of art. But will such an interest be felt by a legislature, of which a ma jority of members will be elected by the inhabitants of a country adjacent to a rival channel of commercial intercourse? It cannot be expected. The Alabama territory as it now stands, possesses an identity of interest, as complete as any state of equal extent in the American confederacy. Whether the people are stationed on the Tom bigby or Alabama, on the Mobile or the Tennessee, they are all deeply interested in bringing to perfection the same channel of trade and commerce. But f you divide them, if you connect one portion of them to the Mississippi, and leave the other portion of them to themselves, you paralize their energies, and drop a cloud over their fair prospects of future prosperity. The general interest of the Union, call for the highest possible improvement of every part of it; and the Congress of the United States will watch with the most sedulousjea- lousv against every measure calculated to obstruct or retard it. Your petitioners, therefore, humbly and respectfully hope that no proposition for making any encroachments on the Alabama terri tory, will receive any countenance from your honorable body. II Newman Neal SJmith John G Creagh. William B Patton. William Laitun. R. W. Servy. William Coate. Edward M. Jolly. John Scarborough. Elijah M Ross. Joel Langham Robert Caller. James Futlow. J- Slator. Jimes Green Robert H Phillips. Daniel B. Ripley. John Wilson. Lrwis Mitchell. John Rhoeds. James Waldrom. Wm Coleman. Jesse Piegh Darling Perry. Stephen Brown. John D. Curtis, Walter Maliy. Samuel E hendge. James Caller. John Johnson. Robert Lewis. Moses Hill. Reuben Saffold, 'John Glass. 6 Isaac Pugh. Jesse B. Irvine. Jomes Daniel. Mark Hays. Wm Hays. David Smith. Sn Barran. Wm Barran. Samuel Wilson. Mark Norwood. Warham Easley. Elijah Pergh. Sarling Hill. Alexander M'Grew. Benjamin Clements. Jonah Mott. James Lawney. Lewis Henderson. Jesse Deed. Thomas Cox. B Hatch James Yord. Zadock Adair. David Taylor. John M'Grew John H M'Connel. Henery L Riveire. Samuel Dale. James Dellets. James Young. John Bagby. J. B. Vaughan. Demprey Winbourn. James Morgan, jr. James B. M'Connell. Elias Massey. William Cato. John S Vaughan. Josiah Fletcher James Edwards. Wiley Kitchens. Thomas W. Gill. W. F. Ware. Wm. Hopwell. Lewis Alexander. William Coon. Abel Farrar. Wm Onail. J C. Houston. Richard Bradford. James Steuard. James Snoden. Samuel T Oweansl_ Morris Guien. JohnM. Cants. J. W. Flin. Wm. Oliver. John Files. James Young. John Bell. B. P. Whitlow. Aron Matthews: John Silvy. Wm. Duke. J. W. Williamson: Moses Strahan. L. W Mason. J. Irvine. Samuel Howe. M H Rivers. John O'Garne. Peter Randon. Wm. Tarlton. Matthew Averei. John Riordan Zach M'Goutt, Wm. Robison. Wm. Simmons. Wm Roben Caat. Samuel Gainer. Joshua Kellen. Jesse Whatley. James Howard,. William Flinn, L. Roberts. Robert Henderson. Dunkin Henderson. William Edwards. Wilson Dickson. John Campbell. Tho.nas Miller. James Risher. James M'Ree. John Pippins. Peter Coper . Thomas Loper. William Pippin. Elijan Lloyd. Wm Perre. J. G. Lindscy. Josiah Fletcher. Samuel S. Steele. Nelson Campbell. Solomon Evans. Daniel Davis. Moses Gordon. George Moore. S. Reed. Samuel Davis Charles Crawford. Laurence Wood. Clabon Harris. William Mason, Absalom Joper. Vardy Jolly. Tion Thrower. John Cook, jr. A. P Rea Isaac Mallet. Wm. James. Thomas MendenhalK George Qoutes. William Morgan. Willis Sturdivant. James D. Steele, John Homiey,. Thomas Housley.. A Sanders. Harrison Young. Caleb Touchston. Branson Barlow. James Album. John Harman. George Shirley. Elijah J. Whatley. S.J Whatley. Samuel Downs. Clark Carter. Wiliatn Nicclesclona. William N. Downy, Alexander Autry. William Autry. Thomas Newman. William Martin. Mortieu Baldwin* Archibald Colvill. Solomon Stewart. John Farrington. Moses Bishop. John Hieks. George W. Stevenson. Thornton Stone. A Ward N Shoekufer. D. I Shoekufer. John R. Cotten. John Bell. J hn Cox. Samuel Stivers. Littleberr J Newsem ^ John Smith. Andrew Henshaw. J< hn Bradford. Thomas Rhodes. Thomas Murray. John Bagby. Absalom Reed. Archibald M'Roe, James Earle. Elisha Tervin. Thomas Jones. Noah Roberts. L. J. Alston. William Shaw. S W Johnson. James Welsh. John Marre. John Varnork A H. Philips. Jesse Denson. Peter Cartvvright. John Kaen. John Hambey. Joseph Young. Alexander MGreW* Job Sprenger. Job Sprenger. William Gough. Levin Hanesworth. Joseph Lang. Joseph Koen. William Ross. Christopher Vandevendor. James Carsan. Walker Bailey. Lewis Cram. Moses Elison. Gardner Holcanv David Williams. Isaac Denson. Nathaniel Denson, James Denson. Joseph Denson. James Hall. Matthew Shaw. Josiah Chambey. Michael Stinson. William Godfrey. William Thornton. David Raglin. Linsey M'Cary. Miley A-^bi James R n ers Jesse Dense n, jr. Alexander Faith. Charles Wei s. John Harris. James Mills, Martin Wells. John Curry. Drurv C Wilkenson. J. D. Listen M. F. tiveiitt. John K. Iiby John Minchen. George Fisher. SJ Price Isaac Jordan. James Moore. James Renfroe. John Baird Willi M'Millan. John Hays James A. Wilson. Richard B. Glover. Jeramiah Craven. John Pickering. Aaron Pickering. James Lareghaer. William Henry, Joseph Ha ns worth. W.lliam Powell, Thomas May. J. G Lyon. Eli More. John Curney. Zebdee Tentry. Henry Prine Lewis Cato. Henry Arrington- J. S. Stoker. William H- Sewall. John Baker. Joel Heard. Thomas Eastin. David Johnson. John Johnston, sen. Francis Bagkin. William Yates. John Johnston, jr. Green B. Chany. Hir .m Merston. Martin Waddy. Thomas Satashill. John M'Carty. John M'Crary. James H. Chambers. John F Sausaman. Li-wis Sewill. George S. Games. John Gilmon, senr- Z. Landrum. W.lliam Mosley. Elias Co isiye. H. B.ight. Densey Koker. Hen y Axh:snon. Samuel Elisun. Jame Grimes. James Bedwell. Wu-y Curry. David Rudden. Elias Stinson. Richard Wormac.k. Joseph Thampson. James Thamson. Joseph Thampson. Thomas Thampson. John E. Parish. James Magoffin. Samuel Grarsin. Bryernt Koker. Jacob M'Carty. A. Wells. 2 William M'Donald. William Wormack. George. Grimes. Haydon Wells. Nevin Culbraith. Joseph M'Carty. John Clark. Mordica Kelly. Henry Nail. Alford Haley. James Fair. Thomas Moore. Thomas Kirk. Moses Gague. Richard Clark. Norman M'Leod, R. G. Hadner. William Ross. James L Philips. M. C. Sexson. Lawrence Timin. Squiie Grayson. L G. Gilbert. Moses Griffin. John Philips. Gibson Moore, A. S. Lipscomb. William Bowling. J.Z W Grew. A Myers. James Chandler. Jediah Pace. Joseph Jarvis. John Griffin. Mathew Hicks. Mark Wnite. William Rase. John Morgan. David White. John Herkham. Abraham Rutledge. Jesse B. Landrum. *0 James Daffin. Jonah Rogers. Austin Keerg. James Dewitt, senr. Joseph Dewitto. Henry Kay. Joshua Green. William Pearkd, Isaac Jackson. Thomas Cox. Matthew Cox. Andrew White. J.'hn Gallaway. James Sreen. B King Jos'uh Wells. Wi;liamP Wills, Jim-s Reed. Wiibam Jolly, James Barran. A. Rutchlodge. William Bolalar, J. Bollar. Westley Boalar. Green M'Kensey. Jesse Kellby. Blundel Curtis. Thomas Protb.ro. William Dodridge. James Spikes. Jonas Spikes. Sampson Spikes, John Spikes. Richard Dede. Edward Bazfer. Mathias Walkav Thomas Waite, James Caller. Stephen Evans, Thomas M. Brumby, Daniel Campbell. John Martin. Charles Phillips. John Phillips. Richard Dadd. Robert Piigh. John MacDonald. Ellington Evans. John M'Kinney. Bewyman H. Lofter. B Gray. Green Hill. William Bryan. G. R. Kennenley., Vincent Harrison. John Anderson. W Beall. James May. John Deane, senr. John Deane, jr. Robert Lee. William Wilson. Matthew W'lson. Thomas Langham., S. Hammond. John George. L. Hammond. !M. Hammond. S Hammord. J. Hammond. — Westbrooks, Wiley Huckby. G. W. Caller. Benjamin Curtis. Isaiah Wilson. G. W Creagh. S. Westbroeks. James Smith. John Cragar. Pernal Warker. John Linch. Aver Landam. - John Landam. John Kelley, It Noah Duddridge. Thomas Heator. Samuel Williams. Edward Smith. Josiah Jones. William Landrum.. Josiah Green. William Bird Frederick Scarborough. William A. Robinson. James Kul. H. W T tylor. John Millglad. George Lawney. William Mewleydad. John Cox. W liiam Tait. Stephen Gnce. Ba-tlet B*'own. David Phillips. David Childres. John D. Sorry. Michael Surest. John Reid. Robert White. Lewis Nabors. William Jounson.. A. Quinnelly. John M' Grew. R bert Harrison. Clak M'Grew. William M'Grew, senr. William M'Grew, jr. Alexander M'Grew. Alexander Kilpatrick. Neespit M'Grew. Blenderbush Curtis. Middleton Harrison. Benjaman Rogers. Alexander MacDaniel. Joljn Cox. John Lawery. William Lawery. Richard W. Hall. Thomas Lowery. Andrew Lowerv. Benjamin Delock. John C Pardon. V- S. Blexander. J S. Browning. Charles Nabours; David Phillips. James Steafe Green D Callrr. George P. Denis L Charles Ray. James Bay. Hall Ray John Stalk. James Deceit, jr. Blasingan Johnson; George Onry. William Curtis. S. Nabors. P. F. Crawel. Reason Pew. William H Robertson. Bado Adams. Francis Girard. M. Silavar. G. B Carven. J Jourdan. M. M. Fingey. J. S. Patten James Sweet. ' J. W. C. Flemings J. Whitehead. J P Smith. Aaron Barlow. George Wadruff. Noah Adams. J. M'Candless. 12 P. H. Hobart. William Hall. Walter Bourka. Carman Frazer. John Bolton. Gerald Byrne. William Pollard. Daniel Salby. Diego M'Coy. M. Perrault. James Wilson. Samuel Acre. Henry V. Chamberlain. Benjamin Dworoca.