Return to Cherokee Phoenix homepage Return to Hunter Library homepage Return to WCU homepage
Cherokee Phoenix logo


Cherokee Phoenix
Vol. I No. 11
Wednesday, May 6, 1828
Pg. 1 Col. 1b

CHEROKEE LAWS
[Continued]
 New Town, Oct. 14, 1825.

 Resolved by the National committee and Council,  that the law requiring the several light horse companies to act as jurymen in the courts of their respective districts, is hereby repealed; and

 It is further resolved, That the circuit judges shall have power to order the marshals, sheriffs or constables, to select and empanel five disinterested men of good character and judgment, to act as jurors in the courts of their respective districts, and in no case shall a marshal, sheriff, or constable, who may be interested in any cause, be competent to make a selection and impanel jurors to sit upon that particular case.

 Be it further resolved, That each juror shall be entitled to receive seventy-five cents per day for services, upon presenting a certificate from the circuit & district Judges, attested by the clerk of the district court.

 By order,
  JNO. ROSS. Pres't N. Com.
  MAJ. RIDGE, Speaker of Coun.
 Concurred in by the Council,
   his
  PATH  x KILLER
   mark
A.M'COY, Clerk N. Com.
E. BOUDINOTT, Clk. N. Council.
______________

 For the better security of the common property of the Cherokee Nation and for the protection of the rights and privileges of the Cherokee people, WE THE UNDERSIGNED MEMBERS OF THE COMMITTEE AND COUNCIL, now in legislative council convened, have ESTABLISHED, and by these presents do hereby DECLARE, the following articles as a FIXED AND IRREVOCABLE PRINCIPLES, by which the Cherokee Nation shall be governed.  These articles may be amended or modified, by concurrence of two-thirds of the members of the committee and Council, in legislative council convened.

 ARTICLE 1st. The lands within the sovereign limits of the Cherokee Nation, as defined by treaties, are, and shall be, the common property of the nation.  The improvements made thereon and in the possession of the citizens of the nation, are the exclusive and indefeasible property of the citizens respectively who made, or ma rightfully be in possession of them.

 ARTICLE 2. The annuities arising from treaties with the United States, and the revenue arising out of the tax laws, shall be founded in the national treasury, and be the public property of the nation.

 ARTICLE 3d.  The legislative council of the nation shall alone possess the legal power to manage and dispose of, in any manner by law, the public property of the nation; Provided, nothing shall be construed in this article, so as to extend that right and power to dispossess or divest the citizens of the nation of their just rights to the houses, farms, and other improvements in their possession.

 ARTICLE 4th. The principal chiefs of the nation shall in no wise hold any treaties, or dispose of the public property in any manner, without the express authority of the legislative council in session.

 ARTICLE 5th. The members of Committee and Council, during the recess of the legislative council, shall possess no authority or power to convene councils in their respective districts, or to act officially on any matters of concern to the public affairs of the nation, excepting expressly authorized or delegated by the legislative council in session.

 ARTICLE 6th. The citizens of the nation, possessing exclusive and indefeasible right to their respective improvements, as expressed in the first article, shall possess no right or power to dispose of their improvements to citizens of the United States, under such penalties, as may be prescribed by law in such cases.

 ARTICLE 7th. The several courts of justice  in the nation shall have no cognizance of any case transpiring previous to the organization of courts by law, and which case may have been acted upon by the chiefs in council, under the then existing custom and usage of the nation, excepting there may be an express law embracing the case.

 ARTICLE 8th. The two principle chiefs of the nation, shall not, jointly or separately have the power of arresting the judgements of either of the courts or of the legal acts of the national Committee and Council, but that the judiciary of the nation shall be independent, and their decisions final and conclusive; Provided always, That they act in conformity to the foregoing principles or articles, and the acknowledged laws of the nation.
 Done in legislative council, at New Town, this 15th day of June, 1825.

 By order of the National Committee,
  JNO. ROSS, Pres't. N. Com.
  MAJOR RIDGE, Speaker
   his
  PATH x KILLER
   mark
 A. M'COY, Clerk, N. Com
ELIJAH HICKS, Clerk N. Council.
_________________

 New Town, Cot. 14, 1825.
 Resolved by the National Committee and Council That the law requiring the district judges to act as jurors in the supreme court, from and after he adjournment of the present supreme court, is, and shall be, null and void, and that the four circuit judges alone shall hereafter comprise the supreme court, to review and decide upon all cases appealed from the district courts; and that each judge shall be incompetent to sit, act, or decide  upon any cause appealed from their respective district courts.

 By order the N. Committee,
  JNO ROSS. Pres't. N. Com.
  MAJOR RIDGE, Speaker,
   his
Approved- PATH x KILLER
   mark
A. M'COY, Clerk, National Com.
E. BOUDINOTT, C. Clk. Council.

 New Town, Oct. 15, 1825

 Resolved by the National Committee and Council, That the poll tax law is, and shall be, suspended for two years from the 1st of January next; Provided nothing shall be so construed in this suspension, as to discharge or release those who have not paid their taxes, from paying up all their arrearages; therefore,
 BE it further resolved, That the collecting officers are hereby required to make collections, without delay, from all those who may be in arrears for poll taxes, including the present year.
  By order,
  JNO. ROSS. Pres't. N. Com.
MAJOR RIDGE, Speaker
     his
Approved- PATH x KILLER
   mark
A. M'COY, Clerk of N. Com.
E. BOUDINOTT, Clerk N. Council.
_________________

 New Town, Oct. 17, 1825
 

Resolved by the National Committee and Council, That the judges of the supreme court, during the session of the said court, shall have power to summons any of the marshals, sheriffs, or constables of the several districts, who may be at New Town, to perform their official duties during each term and in case any officer so summoned refuses or neglects to obey such summons, he or they shall pay a fine at the discretion of the court, not exceeding five dollars nor less than one dollar and fifty cents.
 By order of the National Committee,
  JNO. ROSS. Pres't N. Committee
  MAJOR RIDGE, Speaker
   his
  PATH x KILLER
   mark
  CHARLES HICKS
 A. M'COY, Clerk of the N. Com.
 E. BOUDINOTT, Clk. N. Coun.
________________
 New Town, Oct.  18, 1825
 Resolved by the National Committee and Council, That all contested claims, where there is no evidence of the claimant or claimants having demanded or set forth his, her, or their claim, within the term of two years after such claim or claims maybe alleged to have existed, then, in that case, such claim or claims shall be considered null and void, and be irrecoverable by law; Provided, nothing shall be construed in the foregoing resolution, so as to impair contracts, or bar any person or persons from recovering any note of hand, or liquidated accounts, at any period after the limitation here in specified.
 By order of the National Com.
  JNO. ROSS, Pres't N. Com.
MAJOR RIDGE, Speaker.
   his
  PATH x KILLER
   mark
  CHARLES R. HICKS.
A.M'COY, Clerk N. Com.
E. BOUDINOTT, Clk. N. Council.
__________

 New Town, Oct. 17, 1825.

The National Committee concur with the Council so far in remitting the fine imposed by the court on Samuel Henry as the nation is concerned, excepting the marshall's fee and the confiscation of the brandy; the proceeds arising from the sale of the brandy to revert to the informer agreeably to his consent; Provided that the said Samuel Henry also obligates himself under bond and security in future never to violate the laws of this nation, by the introduction of ardent spirits into the nation, under the penalty of making good the fine herein remitted, and also of being dealt with as the law directs.
 By order,
  JOHN ROSS, Pres't N. Com.
  MAJOR RIDGE, Speaker
   his
Approved PATH x KILLER
   mark
  CHARLES R. HICKS.
A. M"COY, Clerk N. Com.
E. BOUDINOTT, Clk. N. Coun.
______________________
 New Town, Oct. 31, 1825.

 Resolved by the National Committee and Council, That all gold, silver, lead, copper, or brass, which may be found within the limits of the Cherokee Nation, shall be the public property of the Cherokee Nation; and should the legislative council deem it profitable and expedient, to have such mine or mines worked, then, in that case, the discoverer or discoverers shall be entitled to receive one fourth of the net proceeds arising from such minerals.
 By order,
  JNO. ROSS. Pres't. N. Com.
  MAJOR  RIDGE, Speaker.
   his
Approved PATH x KILLER
   mark
  CHARLES R. HICKS
A. M'COY, Clerk Nat. Com.
E. BOUDINOTT,  Clerk N. Coun.
___________________

 New Town, October 5, 1824

Resolved by the National Committee and Council, That the Treasurer of the Cherokee Nation be, and he is hereby, authorized to loan out on interest, at six per-cent per annum such surplus public money as maybe in the treasury, after amble appropriations have been made to meet he annual expenditures for the support of the government, to such citizen or citizens of the Cherokee Nation as may desire a loan; Provided such person or persons may be fully able, to repay the sum or sums so loaned, and also, to give bond and two good and sufficient securities to the nation; and Provided also that each loan shall not exceed five hundred dollars, and for a length of time not exceeding six months, excepting by paying up the interest and renewing the bond; then, in that case, the loan may be continued six months longer; and in case of failure to make payment or to renew the bond, then, in that case, the bond shall be put into the hands of some public officer for collection, and the defaulter's private property shall be levied upon, executed ad sold to the highest bidder, unless redeemed within the periods following; to wit; for all sums from one hundred dollars and under, ten days; for all sums above one hundred dollars and under two hundred and fifty dollars and upwards, thirty days. The officer's fees for collection and the necessary expenses incurred by keeping the property, shall also be deducted from the sale of the defaulter's property.
 By order of the National Committee
  JNO. ROSS, Pres't N. Com.
MAJOR RIDGE, Speaker.
   his
Approved PATH x KILLER
   mark
  CHARLES R. HICKS.
A. M'COY, Clerk. N. Com.
E. BOUDINOTT, Clerk N. Council.