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Cherokee Phoenix
Vol. I No. 12
Wednesday, May 14, 1828
Pg. 1 Col. 1b

 

CHEROKEE LAWS
[Continued]

 New Town Nov., 8, 1825
 Resolved by the National Committee and Council, That the law authorizing the appointment of light horse companies, passed at Brown's Town on the 11th day of September, 1808, be, and the same is hereby repealed, and that in lieu of light horse companies a marshal, sheriff, deputy sheriff, and two constables shall be chosen & appointed for each district, in the following manner: to wit:

 The marshals to be elected by the national Com. and the principal sheriffs to be elected by the people in their respective districts; and the two constables by the people within their particular bounds, for the term of two years.  The marshals and sheriffs shall enter into bond and give two or more good and sufficient securities in a penal sum of not less than one thousand dollars.  The sheriffs to appoint their own deputies and for whose conduct they shall also be held responsible and bound.  The constables shall enter into bond and give two good securities in the penal sum of two hundred dollars.  The duties of the marshals and sheriffs shall be to make collections of all just debts, such as notes of hand, liquidated accounts and judgements & to arrest horse thieves and other rogues and murderers for trial, according to law.

 The duties of the constables shall be the same as that of the marshals and sheriffs, but they shall be confined within their respective bounds in exercising their official duties; and each of the above named officers are hereby authorized when in pursuit of criminals, to summon as many men as may be necessary to arrest such criminals, and any person or persons refusing to obey, without any reasonable excuse such summons, he or they shall forfeit and pay a fine of twenty-five dollars for every such offence; to be recoverable in the same way and manner as all other debts and the fines so collected, shall be paid into the national treasury.  The person or persons obeying such summons, upon presenting the officer's certificate before the national treasury, for the service so performed, shall e entitled to receive one dollar per day for the time so engaged from actual necessity.  The constables when executing their duties in arresting & conducting criminals to the place of trial shall also be entitled to one dollar per day for the time actually engaged.  Each marshal shall be entitled to receive forty dollars, and each principal sheriff shall be entitled to receive thirty dollars per annum, for their services from the public funds, in addition to their fees of eight percent for collections  The deputy sheriffs and constables shall also be entitled to receive eight percent for collections.

 By order,
  JNO. ROSS, Pres't N. Com.
  MAJOR RIDGE, Speaker
Approved      his
  PATH x KILLER
     mark
A.M'COY, Clerk of N. Com.
E. BOUDINOTT, Clerk N. Council.
_________________
 New Town, Nov, 9, 1825
 Resolved by the National Committee and Council, That all written wills bearing the signature of the testator and signed by one or two respectable witnesses and the same appearing to the satisfaction of the court of the district wherein the testator lived, or where most of is estate ma be situated that it is the last will & testament of the deceased such will and testament shall be valid and binding to all intents and purposes.

Be it further resolved, That nothing shall be construed in the foregoing, so as to impair or destroy the validity of any will having no witnesses, which can be found among the valuable papers of the deceased, bearing his or her signature, which will and signature shall be satisfactorily proved to be the hand writing of t he deceased.

Be it further resolved, That nuncupative wills where witnesses are called and the testator, in the presence of two or three respectable persons at his or her last sickness make known his or her will, and one of the witnesses being a disinterested person, such nuncupative wills being committed to writing in ten days after the testators decease and the same appearing to the satisfaction of the district court to be agreeable to the testators last will and testament, such wills shall also be valid and binding.

 Be it further resolved, That where a person possessing property and dies intestate, and having a wife and children, the property of the deceased shall be equally divided among his lawful and acknowledged children, allowing the widow a share with the children, after all just debts of the deceased shall have been paid by those obtaining letters of administration, agreeably to law, and in case the deceased leave a wife without children, then in that case, the widow shall be entitled to receive one fourth of the estate, after said estate shall have been freed from incumbrance of all just and lawful demands, and the residue of the estate to go to his nearest kin; and in case a woman claiming and having exclusive right to property, dies and leaves a husband and children, her property shall revert to her children and husband in the same manner as above stated and provided for.

 By order of the National Com.
  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.
______________________

 New Town, Nov. 10, 1825.

 Resolved by the National Committee and Council, That any person or persons whatsoever, who shall lay violent hands upon any female, by forcibly  attempting to ravish her chastity contrary to her consent, abusing her person, and committing a rape upon such female, he or they so offending, upon conviction before any of the district or circuit judges, for the first offence, shall be punished with fifty lashes upon the bare back and the left ear cropped off close to the head; for the second offence, one  hundred lashes and the other ear cut off; for the third offence, death.
Be it further resolved, That any woman or women making evidence against any man; and falsely accusing him of having laid violent hands upon any woman, with the intent of committing a rape upon her person, and sufficient proof having been adduced in any of the district or circuit judges to refute the testimony of such woman or women, she or they so offending shall be punished with twenty-five stripes upon her or their bare back to be inflicted by any of the marshals, sheriffs or constables.
 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, Nov. 10, 1825.

WHEREAS, it has been represented to the general council, that much injury is sustained by the inhabitants living on the boundary lines, from citizens of the United States, feeding and keeping their stock of property on Cherokee lands, whereby horses, cattle, hogs, &c., belonging to the citizens of this nation, are exposed to be taken off by such persons, trespassing; therefore,

Resolved by the National Committee and Council, That the circuit judges are hereby authorized and directed, to appoint an assistant ranger in their respective districts which border on the boundary lines of the United States, whose residence shall be nearest to said boundary line, and whose duty it shall be, solely to pay strict attention to such trespasses herein complained of, & to forewarn the frontier inhabitants of the United States in the adjoining counties against placing, keeping and feeding their horses, cattle, hogs, sheep or goats on Cherokee lands; and to take up, post, and dispose of, all such property which may be found within their respective bounds, agreeably to the laws respecting estrays, and any citizen or citizens of the United States reclaiming and proving away any such property, and be unable to produce satisfactory proof, that he, she, or they, did not wilfully place such property on Cherokee lands, to feed and graze thereon, the assistant ranger, in that case, is hereby authorized and required, to exact a fine of two dollars for every horse, gelding or mare, and one dollar for ever head of black cattle, and twenty-five cents for every head of swine, sheep or goats, so proven away.  Such fines shall be in addition to the fees allowed by law to the rangers for their posting, keeping and selling estrays; but n case sufficient proof can be adduced to show that such property was not wilfully placed on Cherokee lands to feed or graze thereon, and that such property had merely strayed thereon unknown to the owner or owners; then in that case, the fine herein imposed, shall not be exacted; excepting the necessary expenses and fees allowed by law in such cases.

  Be it further resolved, That the assistant ranger is hereby required to observe and pay strict attention to the same rules and regulations required of rangers by law, and who shall also be entitled to the same fees of eight per cent on the amount collected for the fines herein imposed, the remainder for the benefit of the national treasury.
 By order of the National Committee,
  JNO. ROSS, Pres't N. Com
MAJOR RIDGE, Speaker,
  PATH x KILLER
A. M'COY, Clerk, N. Com
ELIJAH HICKS, Clerk, N. Council