CHEROKEE LAWS

[Concluded]

New Town, Nov. 12, 1824.

Resolved by the National Committee and Council, That suits which have been appealed from the district courts to the superior court, in cases of debt; the person or persons not suited, or against whom judgment shall be given, such person or persons shall pay a cost of six per-cent on the amount of the judgment issued, which per-cent shall be collected for the benefit of the person or persons non-suited or cast in consequence of the want of that persons testimony; and

Be it further resolved, That such witness attending agreeably to the summons, he, she, or they, shall be entitled to fifty cents for each day's attendance, to be levied off the persons against whom judgment maybe issued; and

Be it further resolved, That any person who shall be guilty of perjury or give false evidence in any court of justice in the Cherokee Nation, upon conviction, shall be forever disqualified from being a witness in any matter of controversy, and shall also receive thirty-nine stripes on the bare back, to be inflicted by any officer or officers on duty in the district in which the offence is or may be committed.

By order,

JNO. ROSS, Pres't N. Com.

his

Approved- PATH x KILLER

mark

A. M'COY, Clerk N. Com.

ELIJAH HICKS, Clerk N. Council.

____________________

New Town, Nov. 9, 1822.

Resolved by the National Committee and Council, That no person or persons whatsoever shall be allowed or permitted to dig for salt within the circumference of half a mile from the salt well of any person or persons who may have obtained salt water by digging under the special permission of the National Committee and Council; Provided, that this resolution shall not extend so far as to deprive any person or persons from digging within their own enclosures, who may be living within such bounds, and may have settled there previous to the digging for, and the discovery of salt.

By order,

JNO. ROSS. Pres't Nat. Com.

Concurred in by the council,

his

PATH x KILLER

mark

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

ELIJAH HICKS, Clk. N. Council.

__________________

New Town, Nov. 13, 1824.

Resolved by the National Committee and Council, That no citizen or citizens of the Cherokee Nation shall receive in their employment any citizen or citizens of the United States, or negro slaves belonging to citizens of the United States, without first obtaining a permit agreeably to law, for the person or persons so employed; and any person or persons violating this resolution, upon conviction before any of the district courts, shall pay a fine for every such offence at the discretion of the court, not exceeding ten dollars; and the person employed to be removed.

By order of the National Committee,

JNO. ROSS. Pres't N. Com.

his

PATH x KILLER

mark

ELIJAH HICKS, Clerk, N. Com.

A. M'COY, Clerk N. Council.

________________

New Town, Nov. 12, 1822.

Resolved by the National Committee and Council, That a Register's office be opened at New Town, and a Register be appointed, whose duty it shall be to record all the advertisements of estray property which may be sent to him by the rangers of the several districts, and each advertisement so recorded, to be set up at a public house at New Town, and the Register shall be entitled to twenty-five cents for each advertisement recorded, to be paid out of the proceeds of the sale of the property so advertised and sold; and it shall be the duty of the several Rangers to transmit a copy of all their advertisements to the Register at New Town, and if there should be no opportunity to forward, by private conveyance, the advertisements to the register, it shall be the duty of the captain of the light horse company when applied to by a Ranger, to send one of his men with the advertisement to the Register; and

Be it further resolved, That all estray cattle, hogs, sheep, and goats, shall be advertised and sold by the Ranger in the same manner as is prescribed by law for estray horses.

By order of the N. Committee,

JNO. ROSS., Pres't N. Com.

his

Approved- PATH x KILLER

mark

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

ELIJAH HICKS, National Com.

________________

New Town, October 25, 1824.

Resolved by the National Committee and Council, That the road from Chattahoochee River, to May's Ferry on Hiwassee River, and also the one to Blythe's Ferry on Tennessee River, are hereby ordered to be let out in ten shares, to the lowest bidders, to be opened and kept in good repair for the term of five years from the first day of December, 1824, on the following conditions, to wit:

The road to be cut and opened twenty-four feet wide, clear of trees, and the cause waying to be covered with dirt, together with the digging of mountains and hills, to be fourteen feet wide, clear of rocks, roots and grubs and the banks of all water courses to be put in complete order, and the road to be divided into shares in the following manner; (to wit:) From May's Ferry to Canausauga River, including one bank, and half the width of the bed of the river if required; from Walker's Ferry to Five Killer's; from Blythe's Ferry to Canda's Creek, including one bank of said creek; from thence to where May's Ferry road intersects the same; from thence to the middle of Cannasauga River, to Vann's Mill Creek; from thence to the middle of Coosawatee River from thence to the middle of Talking Rock Creek; from thence to the middle of Long Swamp Creek; from thence to the middle of Etowah River from thence to the Chattahoochee River; and

Be it further resolved, That the undertakers enter into bond and sufficient security for the faithful performance of the respective contracts, in a penal sum of twice the amount of the sum for which the undertakers may engage with the Treasurer of the Cherokee Nation, and that the Treasurer is hereby authorized and directed to appoint one or more commissioners, to review the roads once in four months, throughout the year, whose duty it shall be, to make a report to him of the situation of said roads, and in case of violation of the part of any of the undertakers, that suits be instituted against such person or persons in the courts of the district to which he or they may belong and in case of forfeiture, the Treasurer is authorized to let out the share or shares so forfeited.

By order of the National Com.

JNO. ROSS, Pres't N. Com.

his

PATH x KILLER

mark

A. M'COY, Clerk N. Council.

ELIJAH HICKS, Clerk N. Com.

______________________

New Town, Jan. 27, 1824.

WHEREAS, great evil has resulted from the disposition and use of ardent spirits at ball plays, all night dances, and other public gatherings, and in order to suppress this growing evil,

Resolved by the National Committee and Council, That no person or persons whatsoever, shall vend or otherwise dispose of in any manner, ardent spirits at such places, under the penalty of having all their liquors wasted; and it shall be the duty of every light horseman, marshal, sheriff, deputy sheriff and constable, to take cognizance of such offenses, and to execute this resolution, and if any of the aforesaid officers being in full possession of the fact of a violation of this resolution, fail to enforce its penalty, they shall upon conviction, before any of the district courts, pay such a fine as may be imposed upon them by the court, one half to the informer, ' the other half to the treasury of the Cherokee Nation. This law to be and remaining full force from and after the first day of January, 1825.

By order of the N. Committee.

JNO. ROSS . Pres't. Nat. Com.

his

PATH x KILLER

mark

A. M'COY, Clerk N. Com.

ELIJAH HICKS, Clerk of N. Council

_______________

New Town, Nov. 11, 1824.

Resolved by the National Committee and Council, That it shall be the duty of the several marshals, sheriffs, constables, and light horsemen, to take cognizance of every violation of law within their respective bounds of districts, and to give information of, and bring to justice, according to law, such person or persons, so offending, and should any of the aforesaid officers, neglect to bring to justice any transgressor of law, after having been duly informed of such transgression, such officers, upon conviction before any of the district courts, shall be subject to pay a fine, to be assessed by the court; the fine not to exceed one hundred dollars, and not less than five dollars; and the officer of officers so neglecting, shall be subject to be removed from office at the discretion of the National Council.

By order of the National Committee,

JNO. ROSS, Pres't N. Com.

Approved

his

PATH x KILLER

mark

A. M'COY, Clerk N. Com.

ELIJAH HICKS, Clerk N. Council.

_________________

New Town, November 11, 1824.

Resolved by the National Committee and Council, That all Free negroes coming into the Cherokee Nation, under any pretence whatsoever, shall be viewed and treated, in every respect, as intruders and shall not be allowed to reside in the Cherokee nation without a permit from the National Committee and Council.

By order.

JNO. ROSS, Pres't N. Com.

his

Approved- PATH x KILLER

mark

MAJOR RIDGE, Speaker

A. M'COY, Clerk N. Com,

ELIJAH HICKS, Clerk N. Coun.

______________

New Town, Nov. 11, 1824

Resolved by the National Committee and Council, That any person or persons whatsoever, who shall commit robbery upon another, he, she, or they so offending, being prosecuted in any of the district courts, shall, upon conviction, be subject to such penalty and punishment as the court may impose; Provided, That such punishment shall not extend so far as to inflict death.

By order of the National Committee,

JNO. ROSS, Pres't N. Com.

his

Approved- PATH x KILLER

mark

CHARLES HICKS.

A. M'COY, Clerk