Cherokee Phoenix

CHEROKEE LAWS

Published April, 10, 1828

Page 1 Column 1b

CHEROKEE LAWS.

[Continued]

New Town, Oct. 28, 1829

Resolved by the National Committee and Council, That any person or persons whatsoever, who shall trade with any negro slave without permission from the proper owner of such slave, and the property so traded for, be proven to have been stolen, the purchases shall be held and bound to the legal proprietor for the same, or the value thereof; and be it further

Resolved That any person who shall permit their negro or negroes to purchase spirituous liquors and vend the same, the master or owner of such negro or negroes shall forfeit and pay a fine of fifteen dollars for every such offence to be collected by the marshals within their respective districts for the national use; and should any negro be found vending spirituous liquors without permission from their respective owners, such negro, so offending shall receive fifteen cobbs or paddles for every such offence from the hands of the patrollers of the settlement or neighborhood in which the offence was committed, and every settlement of neighborhood shall be privileged to organize a patrolling company.

By order of the National Committee,

JNO. ROSS, Pres't N. Com.

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CHARLES HICKS.

A. M'COY, Clerk.

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New Town, Nov. 8, 1828.

Resolved by the National Committee and Council, That the judges of the district courts shall keep a record of the proceedings of all causes, evidences and decisions; and

Be it further Resolved, That each person who may be employed as clerk of the district courts shall be allowed and paid the sum of two dollars per day for his services during the sitting of the courts.

By order of the National Committee.

JNO. ROSS, Pres't N. Com.

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A. M'COY, Clerk N. Com.

ELIJAH HICKS, Clerk, N. Council.

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New Town, Nov. 8, 1828.

WHEREAS, the great variety of vices emanating from dissipation, particularly from intoxication, and gaming at cards, which are so prevalent at public places, the national committee and council, seeking the true interest and happiness of their people, have maturely taken this growing evil into their serious consideration, and being fully convinced that no nation of people can prosper and flourish or become magnanimous in character, the basis of whose laws are not founded upon virtue and justice; therefore, to suppress, as much as possible, those demoralizing habits which were introduced by foreign agency.

Resolved by the National Committee, That any person or persons whatsoever, who shall bring ardent spirits within three miles of the General Council house, or to any of the court houses within the several districts during the general council, or the sitting of the courts, and dispose of the same so as to intoxicate any person or persons whatsoever, the person or persons so offending, shall forfeit his or their whiskey, the same to be destroyed; and be it further

Resolved That gaming at cards is hereby strictly forbidden, and that any person or persons whatsoever, who shall game at cards in the Cherokee nation, such person or persons, so offending shall forfeit and pay a fine of twenty-five dollars; and further, any person or persons whatsoever who may or shall be found playing cards at any house, camp, or in the woods within three miles of the general council house or any of the court houses of the several districts during the session of the general council or sitting of the district courts such person or persons, so offending, shall forfeit and pay a fine of fifty dollars each for ever such offence, and that any person or persons whatsoever, who shall bring into the Cherokee nation and dispose of playing cards, such person or persons, being convicted before any of the judges, marshals, or light horse shall pay a fine of twenty-five dollars for every pack of cards so sold; and it shall be the duty of the several judges, marshals and light horse companies to take cognizance of such offenses and to enforce the above resolutions; and

Be it further Resolved That all fines collected from persons violating the above resolutions, the money so collected shall be paid into the national treasury. To take effect and be in full force from and after the first day of January next.

By order of the N. Committee.

JNO. ROSS, Pres't Nat. Com.

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A. M'COY, Clerk N. Com.

ELIJAH HICKS, Clerk of N. Council.

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New Town, November 20, 1822

Resolved by the National Committee and Council, That any person or persons whatsoever, who shall wilfully embezzle, intercept and open any sealed letter, so that the owner be injured or deprived of the benefits of such letter, the person or persons so offending, upon conviction, shall forfeit and pay a fine of one hundred dollars and be punished with one hundred stripes on the bare back, the fine to be converted to national purposes.

By order.

JNO. ROSS. Pres't N. Com.

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CHARLES HICKS

A. M'COY, Clerk.

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New Town, Nov. 12, 1822

Resolved by the National Committee and Council, That there shall be a superior court, to be held at New Town during the session of each national council, to be composed of the several circuit judges, to determine all causes which may be appealed from the district courts; and

Be it further Resolved, That the law appropriating forty dollars for the support of each district council, is hereby repealed, and that in future the nation shall not be accountable for supplies furnished the district councils.

By order of the National Committee,

JNO. ROSS, Pres't N. Com.

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ELIJAH HICKS, Clerk N. Com.

A. M'COY, Clerk, N. Council.

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New Town, Nov. 12, 1822.

Resolved by the National Committee and Council, That the circuit judges be vested with authority to nominate light horse companies in their respective districts, in case of resignation or otherwise, and such nomination being repeated to the head chiefs and sanctioned by them, shall be considered valid.

By order N. Committee,

JNO. ROSS, Pres't N. Com.

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A. M'COY, Clerk, N. Council

ELIJAH HICKS, National Com.

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New Town, Nov. 12, 1822.

Resolved by the National Committee and Council, That the marshals or tax collectors of the several districts are hereby authorized to seize upon and attach the property of any person or persons who shall not make punctual payments of their respective taxes, when called upon, and the property so seized and attached shall be advertised for sale, and ten days shall be allowed for the redemption of the property so attached. In case the property be not redeemed in that time, than the marshal or collector shall proceed to expose to public sale such property to the highest bidder, and all sums of money which may be received over the amount of taxes, for which the property may be seized, attached and sold, shall be returned to the person or persons from whom it was taken.

By order of the National Com.

JNO. ROSS, Pres't N. Com.

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A. M'COY, clerk N. Council.

ELIJAH HICKS, Clerk N. Com.

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New Town, Nov. 13, 1822.

Resolved by the National Committee and Council, That the Chattoogee, Chickamauga and other turnpike companies, who have not been heretofore under any obligation to keep in good repair their respective roads, be, and they are hereby, required to keep in good repair their respective roads and incase of non-compliance with the aforesaid requisition, the privileges and authority in them vested for keeping a toll gate thereon, shall cease and become void whenever full and sufficient evidence may be established before the national committee and council

By order,

JNO. ROSS, Pres't N. Com.

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MAJOR RIDGE, Speaker,

ELIJAH HICKS, Clerk N. Com.

A. M'COY, Clerk, N. Coun.

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New Town, Nov. 13, 1822.

Resolved by the National Committee and Council, That a decree passed October 28, 1819, imposing a tax on merchant citizens of the nations, is hereby reduced from twenty dollars to twelve dollars per annum, and the tax on peddlers, not citizens of this nation is also hereby reduced from eighty dollars to fifty dollars, per annum, to take effect after the first of January next; the regulation to be observed and enforced agreeably to the said decree.

By order,

JNO. ROSS, Pres't N. Com.

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A. M'COY, Clerk of N. Com.

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New Town, October 114, 1823.

Resolved, That the business of the council, during the session, be suspended on the Sabbaths, and also that the merchants ' peddlers, and mechanics, at New Town, close the doors of their shops and suspend all business; and any person or persons violating this resolution shall forfeit and pay the sum of fifteen dollars, to be collected for the benefit of the nation by the proper officer.

By order of the National Committee,

JNO. ROSS, Pres't N. Committee,

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CHARLES HICKS.

A. M'COY, Sec'y to the Council.

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New Town, October 9. 1823.

Resolved by the National Committee and Council, That all resolutions emanating from either body, shall receive the concurrence of the other, before the assent and signature of the head chiefs shall be required; and their concurrence shall then give effect to such resolutions.

By order,

JNO. ROSS, Pres't N. Com.

Concurred in by the council,

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A. M'COY, Clerk N. Com.

ELIJAH HICKS, Cl. N. Council.

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New Town, October 17, 1823.

The National Committee have discovered that claims of a private nature, which more properly belong to the courts for adjustment, have been taken up by the Council and acted upon by that body and submitted to the Committee for concurrence, those claims are brought before the committee without evidence of the presence of the parties, which makes it difficult and impossible to investigate the matters of dispute, therefore,

Resolved by the Committee, That all matters of private controversy, brought before the Council or Committee which have not been appealed from the district courts should be submitted to that court of the district where the parties reside, and all causes which have been appealed from the decision of the district courts should be submitted to the supreme court in session for a decision agreeable to law and equity.

By order,

JNO. ROSS. Pres't N. Com,

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A. M'COY, Clerk. N. Com

ELIJAH HICKS, Clerk N. Council.