Cherokee Phoenix

From the Knoxville Republican

Published January, 25, 1834

Page 2 Column 3a

From the Knoxville Republican.

LAW OF TENNESSEE.

An act to extend the Laws and Jurisdiction of this

State to her Southern limits.

Sec. 1. Be it enacted by the General Assembly of the State of Tennessee, That the laws and jurisdiction of the State of Tennessee be and herein are extended to the southern limits of the State over that tract of country now in the occupancy of the Cherokee Indians, and that the Courts of this State shall have cognizance of all crimes and misdemeanors committed, and all contracts made, and of all persons residing within the limits of the said territory, and shall determine the same in such manner and upon such terms as the laws and usages of said state now do, or may hereafter prescribe: and, for the greater convenience of the citizens and people residing in that tract of country, the county of Marion, in addition to its present limits, shall commence at the point where the line dividing the States of Alabama and Tennessee, commences on the bank of the Tennessee River, running thence along said line to the dividing line between Georgia and Tennessee, to the extreme height of the Raccoon Mountain; thence along the extreme height of said mountain to the Tennessee River opposite the mouth of Suck Creek; the county of Hamilton, in addition to its present limits, shall commence at the extreme height of the Raccoon Mountain, at the point where the Marion County line terminates; running thence along the line dividing the States of Georgia and Tennessee, until it crosses the White Oak Mountain, continuing thence five miles to a point on said line and there terminating: thence running so as to strike the White Oak Mountain two miles above Robinson's Gap, through which the Wolf River Creek runs, thence to the extreme height of said mountain, thence along the eastern height of said mountain, to the Blythe's Ferry Road at the place now occupied by William Evans, thence along said road, towards the Tennessee River within two miles of William Blythe's; thence such a course to the Tennessee River as will leave William Blythe's plantation on the north side of said line, and strike the Tennessee River opposite the Rhea County line on the north bank of said river. The county of Rhea, in addition to its present limits, shall commence at the point where the county of Hamilton terminates on the bank of the Tennessee River, as provided in this act, running thence along said line to the house now occupied by Wilson Evans; thence a direct line to a point on the Hiwassee River, opposite to the first large ridge above the mouth of Price's Creek.

The county of M'Minn, in addition to its present limits, shall commence at the point on the south bank of Hiwassee River, where the Rhea County line terminates; thence along said line, until it strikes the Hamilton County line at Wilson Evans; thence along said line to the White Oak Mountain: thence along the extreme height of said mountain, until it strikes the five mile point of Hamilton County line, on the dividing line between the States of Georgia and Tennessee; thence along said line until it strikes a point opposite to the line dividing Monroe and M'Minn counties; thence a direct line to the division line between the said counties of Monroe and M'Minn; and that all the balance of said territory shall be attached to and included in the county of Monroe, in addition to its present limits. And it is hereby made the duty of the surveyor General of the Hiwassee District to run and mark the county lines as designated by this act Provided, however, nothing in this act contained, shall be construed to authorize or allow any tax to be levied upon any native Cherokee residing within the limits of said tract of country at the passage of this act, or to work on roads or to perform malitia duty therein: and Provided further, that the native Cherokees, residing within the limits of said tract of country shall be secured and protected in the free and unmolested enjoyment of their improvements and all personal property, according to the customs and usages of said Cherokee Indians; and to enforce their rights touching the same, in and before the Courts of the State of Tennessee or the inferior tribunals of said State, as the matters in controversy may rightfully give jurisdiction: and provided also, nothing in this act contained shall be construed to interfere with or invalidate the marriage customs of the said Cherokee Indians.

Provided nevertheless, such of the native Cherokees who may heretofore have had the rights of citizenship extended to them or who may hereafter have the rights of citizenship extended to them by any law of laws of the State of Tennessee, shall be subject to all the duties, and liable to all the public dues, that other citizens of the State of Tennessee are subject or liable to, as is or may be provided by the laws of the said State of Tennessee.

Provided always nothing herein contained shall be construed to authorize the courts of this State to take jurisdiction of any criminal offence committed within the territory aforesaid by any Cherokee Indian residing therein, except for murder, rape and larceny.- And the usages and customs of said Cherokee Indians in all other respects are hereby allowed them, with the territory over which by this act, the jurisdiction of this state is extended, until such time as it may be deemed necessary and proper further to abridge or abrogate them, saving always from the benefits and privileges of this exception, such of the native Cherokee Indians as have had or may have the rights of citizenship extended to them by any law of the State of Tennessee.

Provided nothing in this act contained shall be construed to authorize any white man to settle within the limits of the lands in this State now within the occupancy of the Cherokee Indians, and over which it is the object of this act to extend the laws and provided that nothing in this act contained shall be construed to invalidate any law or treaty of the United States, made in pursuance of the constitution thereof.

Provided also, that nothing in this act contained shall be construed to authorize any entry or appropriation or occupancy of any of the lands contained within the limits of the country now in possession of the Cherokees, or to extend our laws for the entry of vacant and unappropriated lands over any part of said country.

Passed Nov. 8th, 1833

F. W. Huling, Speaker of the House of Representatives.

D. Buford, Speaker of the Senate