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


Cherokee Phoenix
Vol. I No. 44
Wednesday, January 14, 1829
Pg. 1 Col. 1b

CHEROKEE LAWS.

 Resolved by the National Committee and Council, in General Council convened, That the amendment of the 28th Oct. 1826, to the law passed 12th Nov. 1825, making trade debts recoverable in money on certain conditions,be, and the same is hereby, repealed.

 Be it further Resolved, That money shall not hereafter be exacted for any trade debt, and whenever any person or persons may contract a debt payable in property, and the debtor shall fail to comply with the contract, it shall be lawful for the creditor to sue and obtain judgment for the amount specified in the contract, to be paid in property, and it shall be the duty of the officers in whose hands such judgments may be placed for collection, to forthwith seize upon any property of the debtor (save such property as is by law exempted) he may find, in case the particular property contracted for shall have been made way with, and the property so seized upon shall be valued by two food disinterested citizens, to be chosen by the collecting officer; and the debtor shall not have the benefit of the stay lay in such cases.

 Be it further Resolved, That when there is no time or place specified in the contract, for the payment of the debt, the creditor shall give the debtor ten days notice, before he shall proceed to have the collection made agreeably to the provision of this Resolution.

 Be it further Resolved, That, this resolution shall be considered as an amendment to the law passed 12th Nov. 1825, in lieu of the amendment above repealed.

 New Echota, Nov. 4th, 1828.
   LEWIS ROSS, Pres't Com.
 Concurred, GOING SNAKE, Sp'k'r Coun.
 Approv'd JNO ROSS.

 Resolved by the National Committee and Council, in General Council convened, That the power of regulating the rates of tolls & ferriages, at all the turnpikes, toll Bridges and ferries, belonging to individuals within the limits of the Cherokee Nation, which have been established agreeably to law, and which have not been rated heretofore by the Committee and Council, be, and is hereby vested in the Circuit Court of the district in which such turnpike, toll Bridge or ferry may be located; and it shall be the duty of the said court whenever application may be made for such regulation, to fix upon reasonable and moderate rates, and to cause the clerk of said court to keep a correct record of the same.

 New Echota, Nov. 4th 1828.
  LEWIS ROSS, Pres't Com.
 Concur'd GOING SNAKE,Sp'k'r Coun.
 Approv'd JNO. ROSS.

______________

 Resolved by the National Committee and Council, in General Council convened, That the law passed 8th Nov. 1822, forbidding gaming at cards, under certain penalties therein specified be, and the same is hereby, so amended that, no persons or persons shall be allowed to game at dice, roulette, or thimbles, under the same penalties as are prescribed therein for gaming at cards.

 Be it further Resolved,  That the above amendment shall go into full force and effect on the first day of January, 1829.
 New Echota, Nov. 4th, 1828.
   LEWIS ROSS,Pre'st Com.
 Concurred, GOING SNAKE, Speaker
 Approved, JNO ROSS.

________________

 Resolved by the Committee and Council, in General Council convened, That the Treasurer of the Cherokee Nation be, and he is hereby, required to attend and keep his office at New Echota, during each session of the General Council.
 New Echota. Nov. 6th 1828
  LEWIS ROSS, Pres't Committee,
 Concurred- GOING SNAKE, Speaker
 Approved-JNO ROSS.

__________________

 Resolved by the Committee and Council, in General Council convened, That a District Court be, and is hereby established, in each District in the Nation, which shall sit twice a year at their respective court houses, to be composed of a District Judge, six Jurors and a clerk; and the court shall sit three days at each term, if the docket cannot be cleared of the cases pending in less time.

 Be it further Resolved, that the time of holding courts in the several Districts shall be as follows, to wit:
 At Coosoowatee and Aquohee, first Monday in January and July.
 At Etowah and Ahmohee, second Monday in January and July.
 At Hickory Log and Chickamauga, third Monday in January and July.
 At Tahquohee and Chattooga, on the fourth Monday in January & July.
 Be it further Resolved, That this court shall have full and complete jurisdiction over all civil cases, when the amount shall not exceed one hundred dollars, and shall also have comp-___ criminal jurisdiction, (except in the case of murder) and that it shall be the duty of the District Judge, during the recess of the courts to try all criminals, save murderers, who may be brought before them, as the Constitution directs.

 Be it further Resolved, That the manner of proceedings in said court shall be by summons or warrants under the hand of the judge or clerk presiding over the court, when the matter is triable, specifying the amount demanded by the plaintiff, and on what account, which summons or warrants shall be served by one of the officers of the District, at least ten days before the sitting of said court and the case shall be tried at the first term of the court, unless good cause upon oath shall be shown to the contrary; provided, no case shall be continued by the same party more than twice.  The defendant, if he shall have any defence against the plaintiff's demand, shall appear at the court in which he is sued, and make his defence; and both parties shall have the right of demanding subpoenas for witnesses whom they may deem necessary, and said witnesses, when duly subpoenaed, shall be bound to attend under the same penalties as prescribed by law in relation to witnesses in other courts of the Nation.- The defendant shall also have the right of pleading, by way of set-off, any debt or account, which he may have against the plaintiff, provided the same be mutual and due in the same right, and a substantial copy of the set-off shall be filed with the plea, and if the defendant shall prove a set-off of larger amount than the demand established by the plaintiff, the court shall give judgment for the defendant for the balance over and above the plaintiffs demand so established; provided nevertheless, that the court shall not have cognisance of any set-off exceeding the sum of one hundred dollars, as aforesaid.

 Be it further Resolved That five days after judgment is rendered in any case, the clerk shall issue and execution against the property of the defendant, for the amount of the judgment and cost, directed to the officers of the District and any of said officers in whose hands such execution shall be placed, shall proceed to levy and make collections, according to law.

 Be it further Resolved, That the Judge and clerk of this court be, and they are hereby authorized, and vested with authority, to administer Oaths on every necessary occasion; and that the District Judges be, and they are hereby also, authorized to perform matrimonial ceremony, agreeably to law.

  Be it further Resolved, That the District judges shall have power to grant appeals to the circuit courts agreeably to law, and shall receive a salary of sixty dollars per annum for their services; and the clerks of the District courts shall each be allowed ten dollars per annum extra pay for their services during the recess of the courts.

  New Echota, Nov. 8th 1828
  LEWIS ROSS,Pres't Comm.
 Concur'd, GOING SNAKE, Sp'k'r. Comm.
 Approved-JNO ROSS.

_________________
 Whereas, much inconcenience is experienced by the courts in this Nation, in the trial of criminal cases, in consequences of prosecutors not being bound for the prosecution of such criminal cases, therefore,

 Resolved by the Committee and Council, in General Council convened, That after the passage of this act, any person or persons, not a public officer, who shall undertake to prosecute any criminal or criminals shall be, and he, she, or they are hereby required to give bond and security, in a sum double the amount of such prosecution, for the faithful performance of prosecuting the criminals, who may be arrested and brought to trial.

 Be it further resolved by the authorities aforesaid, That it shall be the duty of such prosecutors to give bond and security previous to their receiving warrants for the arresting of such criminals.

 New Echota, Nov. 8th 1828.
  LEWIS ROSS,Pres't Comm.
 Concur'd GOING SNAKE,Sp'k'r Coun.
 Approved.- JNO. ROSS.

________________________

 Resolved by the Committee and Council, in General Council convened, That so much of the law passed 26th Oct. 1819, regulating the issuing of permits, as required them to be issued by the National Committee and Council, be, and the same is hereby, repealed, and in lieu thereof the power of issuing permits shall be vested in the Treasurer of the Cherokee Nation.

 Sec. 2. Be it further Resolved, That the above mentioned law is hereby, so amended as to require any citizen or citizens obtaining a permit to pay a tax of one dollar into the National Treasury for each and every permit so obtained, for the term of one year, and in proportion for a shorter or greater length of time, and the employer shall be bound for the satisfaction of all thefts, of which the person or persons employed under the permit, may be convicted of before any of the courts of different Districts, Provided nevertheless, that nothing shall be so construed in this section as to exempt such offenders from the penalty prescribed by law for such offenses.

 Sec. 3. Be it further Resolved, That twenty days shall be allowed to the employer after the expiration of the permit, to renew the same, or the removal of the person or persons employed out of the Nation; and in case the employer shall not renew his permit he shall be bound, under the penalty of twenty dollars, to notify the sheriff or constable of his District, within the space of time above mentioned of the expiration and non-removal of the same.  And it shall be the duty of any lawful officer after the above mentioned time, in case the person or persons so employed shall not have removed, to forthwith remove him or them our of the Nation and the expense of removal shall be collected from the person or persons so removed, and in case he or they shall not be able to defray the same, the employer shall be bound for the same; and in  all such cases the officer or officers shall not exact unreasonable fees.

 Sec. 4. Be it further Resolved, That the Treasurer shall be required to keep a correct record of all permits issued, specifying the different kinds of mechanics, & to whom granted, and to present the General council at each session with a correct copy of the same; & it shall be his duty to issue permits during the recess of the General Council.

  New Echota, Nov. 8th 1828.
  LEWIS ROSS,"Pres't Com.
 Concur'd GOING SNAKE,Sp'k'r
 Approved.- JNO ROSS.

_____________________

  Resolved by the Committee and  Council in General Council convened, That there be appropriated so much money out of the Treasury of the nation, not otherwise appropriated, as will be sufficient to purchase one iron chest, for the better security of the public funds of the nation, and that the treasurer be, and he is hereby authorized to make the purchase.

 Be it further Resolved, by the authorities aforesaid,  That the treasurer, be and he is hereby, required to keep his office open for transacting business every Wednesday and Thursday in each week, Provided nevertheless, that it shall be lawful to transact business on any other day, when necessity requires.

 New Echota, Nov., 8th 1828.
 LEWIS ROSS,Pres't Comm.
 Concurred, GOING SNAKE,Speaker.
 Approved JNO. ROSS.