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Resolved by the Committee and Council in General Council convened, That the resolution of the General Council passed 8th November, 1828, vesting the Treasurer of the Cherokee nation authority to issue permits to native citizens for the introduction of white men, and all such as are not citizens into the nation as mechanics 'c. be, and the same is hereby, suspended until further regulations are made on the subject, and that the National Treasurer be notified of this suspension without delay.
New Echota, October 15, 1829.
Resolved by the Committee and Council in General Council convened; That the law passed 12th November 1824, authorizing the issuing of permits for five years to mechanics of the several branches of trade 'c. be, and the same is hereby, repealed;-and it shall not be lawful from and after the passage of this act to issue a permit to any person or persons whatsoever, for a greater length of time than one year.
Be it further Resolved; That no permit shall be issued for the introduction of mechanics into the Nation with their families, save those who are entitled to cultivate twelve acres of land by the law passed 26th October, 1819, viz: Blacksmith, millers, ferrymen, and turnpike keepers, all others not allowed this privilege, excepting schoolmasters, shall be prohibited from bringing into and keeping their families in the Nation.
Be it further Resolved; That whenever a citizen wished to procure a permit, he shall be required to petition the National Treasurer for the same, and shall obtain three or more respectable signers to said petition in his own neighborhood, setting forth the necessity of granting said petitioner a permit, also stating the name, character and profession of the mechanic petitioned for, and no two men shall be introduced under the same permit under any circumstances whatever.
Be it further Resolved; that if any person or persons petitioning the National Treasurer as above for a permit, and obtaining the same, shall introduce into the country a man who should prove not to be a mechanic, or such as he is stated to be in the petition, or bring into the nation a family not allowed by law, he shall be fined in a sum, to be assessed by the District or Circuit Court of the respective District, not less than twenty five nor exceeding fifty Dollars, which sum, when collected, shall be paid into the national Treasury; and in case the person or persons so offending shall not be able to pay said fine, the persons who may have signed the petition praying for the permit shall be held equally bound for the same, and the person so brought into the nation expelled.
Be it further Resolved; That no person who shall have obtained a permit for a mechanic shall be allowed to employ such mechanic on his farm, under the penalty prescribed in the resolution passed 14th November 1818, for employing citizens of the United States without permission.
This to be considered a supplement to the amendment of 8th November 1828, to the law passed 26th October 1819.
Echota C.N. 21st October, 1829.
Approved 22, Oct. -JNO. ROSS.
Resolved by the Committee and Council in General Council convened; That in case of the removal, death, resignation, or inability of the Principal Chief of the Cherokee Nation to discharge the duties incumbent upon him by law, the assistant Principal chief shall act as such and perform the duties accordingly, until such vacancy or disability shall be removed by the General Council; and in this case the President of the National Committee shall act as assistant Principal Chief; and in the event the Principal and assistant Chiefs shall not be able to discharge respectively their duties in consequence of removal from office, resignation, death or otherwise, the President of the Committee shall perform the duties of Principal Chief, and the speaker of the Council that of assistant Principal Chief, until the General Council in session shall fill such vacancies or remove the inability.
Echota 21st October, 1829.
Whereas a law has been in existence for many years, but not committed writing, that if any citizen or citizens of this nation shall treat and dispose of any lands belonging to this nation without special permission from the national authorities, he or they shall suffer death. Therefore,
Resolved by the Committee and Council in General Council convened,That any person or persons who shall, contrary to the will and consent of the Legislative Council of this nation in General Council convened enter into a treaty with any commissioner or commissioners of the United States, or any officers instructed for the purpose, and agree to sell or dispose of any part or portion of the national lands defined in the constitution of this nation, he or they so offending upon conviction, before any of the circuit judges or the Supreme Court, shall suffer death; and any of the circuit Judges for said are authorized to call a court for the trial of any such person or persons so transgressing.
Be it further resolved That any person or persons, who shall violate the provisions of this act, and shall refuse by resistance to appear at the place designated for trial, or abscond, are hereby declared to be outlaws, and any person or persons citizens of this nation may kill him or them so offending, in any manner most convenient, within the limits of this Nation, and shall not be held accountable to the laws for the same.
Be it further Resolved.that if any citizen or citizens of this nation shall enter into a treaty, with the United States government, for any object whatever other than a cession of land, he or they upon conviction shall be punished with on hundred lashes on the bare back; and no treaty shall be binding upon this nation, which shall not have been ratified by the General Council and approved by the Principal Chief of the nation.
New Echota, October 26, 1829
Approved, 27 October, 1829-JNO ROSS.
Resolved by the Committee and Council in General Council convened. That from the date of this resolution the payment of all monies due or that may become due by bond or loans to the National Treasury be and is hereby suspended for the space of two months, during which time the debtors shall be required to come forward and renew their bonds by giving five approved securities and paying up the interest due thereon; and any person or persons complying with the above requirement shall be allowed to pay his or their bond or bonds by six installments of six months each with the interest due on the principal at the expiration of each instalment; and in case any person or persons shall renew his or their bonds as above, and fail to pay the first installment and interest as it becomes due, the Treasurer shall proceed to have the same collected agreeably to law, and not more than one installment and interest at any one time, unless the debtor or debtors fail to comply with the above requirements to renew his or their bond or bonds within the space of two months allowed them; then, in that case, the whole amount shall be collected.
This to be an amendment to the resolution passed 22d October, 1828, extending further indulgence to persons indebted to the National Treasury for loans; and so much of said resolution as militate with the provisions of this act be and is hereby repealed.
New Echota, October 27, 1829
Approved, November 2, 1829-JNO. ROSS.
Resolved by the Committee and Council in General Council convened, That the law passed 25th October, 1824, on the subject of letting out the federal roads to the lowest bidder, to be kept in repair, be, and the same is hereby, repealed, and that the following be substituted in lieu thereof.
Be it further resolved, That the following shares alone shall hereafter be let out to the lowest bidder, who shall be a citizen of this nation, for the term of five years, from the first of December next, viz: from Walker's Ferry to Five Killer's, from the mouth of O-wah-ko-hee River to Conasauga River, thence to Vann's Mill Creek, thence to the middle of Coosewaytee River, thence to the middle of Talking-rock Creek, thence to the middle of Long-Swamp Creek, and thence to the middle of Etowah River, and from thence to Chattahoochee River, making in all eight shares. The road to be cut and opened twenty four feet wide to be clear of trees, and the cause-ways covered with dirt, and, together with the digging of mountains and hills, to be fourteen feet wide, clear of large rocks projecting above the level of the road, roots and grubs, excepting where the road passes through a mountain or hills, and where in consequence of rocks, 'c. it may be impossible to make it the above width, then twelve feet shall be considered a sufficient width; the banks of all water courses to be put in complete order.
Be it further resolved, That the contracts for keeping the said shares in good repair shall be let our to the lowest bidder by the National Treasurer at Coosewaytee, and all contractors shall be required to give bonds with sufficient security for the faithful performance of their respective contracts in a penal sum double the amount for which he or they may undertake to keep his or their share or shares in good repair; and the Treasurer shall be required to give public notice at least twenty days previous to the time of letting out the same.
Be it further resolved, That the treasurer be, and he is hereby, authorized and directed to appoint one or more commissioners to review the road once in four months throughout the year, whose duty it shall be to report to him on the situation of said roads, and in case of violation on the part of any of the contractors, of the provisions of this resolution, suits shall be instituted against such person or persons in the courts of the respective district in which he or they may reside who upon conviction, shall forfeit and pay double the sum of one year's payment; and the said share or shares shall be forfeited and let out again upon the Treasurer's receiving information of any part of the road not being repaired agreeably to the provisions of this act, from the commissioner appointed to examine said road: he shall notify the contractor of the same, and in case said contractor shall not put in good order such part or parts of said road before the commissioner re-examines the same, then the Treasurer shall institute suit against him as above mentioned.
New Echota, October 30, 1829.
Resolved by the Committee and Council in General Council convened. That the law imposing a pod tax on the citizens of this nation, also the one imposing a tax on citizen merchants, be, and they are hereby, suspended until the General Council shall deem it expedient to remove such suspension.
New Echota, October 31st, 1829.
Approved Nov. 2d. JNO. ROSS.
Resolved by the Committee and Council in General Council convened, That the elections to be holden hereafter in the several Districts, for members to the General Council, Sheriffs, and Constables, shall be held at the following precincts until otherwise altered by the General Council viz: Chickamauga District: The first precinct to be at the Court House, the second at Hunter Langly's in Lookout Valley, third at Hicks Mill and the fourth at Kah-noh-cloo's. Chattooga District: First precinct at the Court House, second at Ah-ne-lah-ka-yah's in Turkey Town, third at James Fields', Turnip Mountain; fourth at Laugh-at-mush's. Will's Valley, fifth at Edward Gunter's in Creek Path, and sixth at Raccoon Town at Little Turtle's House. Coosewatee District; First, at the Court House, second at William Hicks, and the third at Ellijay: Ahmohee District: First at the Court House, second at Squires in Long Savannah, third, at Chee-squah-ne-ta's, fourth, at Swimmers, Highwassee Old Town. Hickory Log District: First, at the Court House, second at the old Court House, third, at or near Big Savannah. Hightower District: First, at the Court House, second, at Pines Spring, third, at Yon-noh-oo-woh-yee's. Tahquohee District: First, at the Court House, second at Shoowaloohee's third, at Oowatee's fourth, at Skenah Town, fifth at Beach Town. Aquohee District: First precinct, at the Court House, second, at Lame Dick's , third at Highwassee Town, fourth at widow Nettle Carriers', fifth at Chee-yoh-ee.
Be it further Resolved, That two superintendents and one clerk shall be appointed to take the votes at each precinct, and it shall be the duty of the Circuit Judges respectively to make such appointments while on their Judicial Circuit last preceding the General elections for members of the General Council, and shall notify the managers and clerks of their appointment through the Sheriff of the District, and in case either of the Circuit Judges shall fail to hold his courts agreeably to law, or any of the managers or clerks, shall refuse to act, the District Judge shall be authorized to fill such vacancy or vacancies; and in case any shall fail to attend on the day of the election, the voters shall be allowed to choose some suitable person or persons to act in his or their stead.
Be it further Resolved, That the clerks shall particularly take down the names of all persons voting and for whom they may vote; and the managers and clerks shall meet at the Court House in their respective Districts on the Wednesday succeeding the election, then and there to count the votes and issue a certificate to each member elect, of his constitutional election.
Be it further Resolved, That the managers and clerks while acting shall be upon oath, and shall not be entitled to receive any compensation from the national Treasury for their services.
New Echota November 2d. 1829.
Approved, Nov. 14th. -JNO ROSS.
Resolved by the Committee and Council, in general Council convened, That to the law establishing precincts, for holding elections for members of the General Council; the following be added to those already made in Coosawattee District to wit, at New Echota; shall be the fourth Precinct, and at the Town House of Pine Log and Salequohya the fifth Precinct, at Shoemake, at the house of Eli Harlin, where Jacob Harnage used to live to be the sixth Precinct. And also in Hightower District Cedar Creek, at or near Samuel Roves- to be a precinct in addition to those already in existence.
New Echota, November 3, 1829
Approved Nov. 4, 1829-JNO. ROSS
Resolved by the Committee and Council in General Council convened, That the compensation of the men, who may , from time to time, be employed by the Principal chief and Executive Council, in executing the law passed, on the subject of Intruders shall be one dollar per day, while in actual service.
New Echota, November 4, 1829.
Approved Nov. 5, 1829.-JNO. ROSS
Resolved by the National Committee and Council, In General Council Convened, That from and after the passage of this act, any person or persons who shall be summoned to assist in taking or guarding any criminal or criminals, under the authority of any lawful officer or officers of the Nation, shall be allowed a compensation of fifty cents per day, and this shall be in lieu of the allowance provided for by the law passed November 8, 1825, and the same be, and is hereby repealed.
And be it further resolved, that it shall be the duty of the several Judges to make out a Bill of costs for every case decided by their respective Courts, and when appeals are taken to a higher Court, the Bill of costs shall be transmitted up to said Court, certified to by the Judge and clerk; and when a verdict is given in a criminal case, the Bill of costs shall be made out as aforesaid, and an execution issued against the property of the person or persons cast in the prosecution; and it shall be the duty of the officers to make collection, and if no property can be found belonging to any criminal or criminals convicted, it shall be the duty of the officer to make a report to the court a the next term; and upon making the following oath before the court.
'I, A. B. do solemnly swear that I have made diligent search for property to levy upon, for the costs of suit, in a criminal action against C. D. who was convicted in this ______ District _______in _______ last on a charge of _______ and that after every exertion, I have been unable to find any species of property belonging to said C. D. the criminal convicted;' It shall then be the duty of the Judge to direct the clerk to make out a copy of the Bill of cost, and certify that it had been returned by the officer, with the oath required, that no property could be found- and this certificate shall be presented to the Principal chief for a warrant on the National Treasury for the costs which are admissible by law in such cases.
Be it further resolved, Whenever a warrant is issued, for the apprehension of a criminal, the officer of officers to whom it is directed shall not (unless he apprehends violent resistance) press more than two persons, to aid him in the apprehension and guarding the criminal.- So much of all laws militating against this are hereby repealed.
New Echota, November 10, 1829
Approved- JNO. ROSS.
Resolved by the Committee and Council in General Council, convened, That from and after the passage of this act, the compensation of the President of the Committee shall be two dollars and fifty cents per day, and the Clerk thereof, the same, and the Interpreter to the Committee, being a member thereof, two dollars, and all others, of the Committee, shall receive one dollar and fifty cents a day.
Be it further Resolved, That the compensation of the members of the Council shall be as follows: The Speaker shall be entitled to two dollars and fifty cents a day, the Clerk thereof, two dollars and fifty cents a day, and the balance one dollar and fifty cents each a day, any law to the contrary notwithstanding.
New Echota, November 10, 1829.
Whereas, it has long been an established custom in this Nation and admitted by the courts as law, yet never committed to writing, that the property of Cherokee women after their marriage cannot be disposed of by their husbands or levied upon by an officer to satisfy a debt of the husband's contracting, contrary to her will ' consent, and disposable only at her option--Therefore,
Resolved by the Committee and Council, in General Council convened, That the property of Cherokee, and other women citizens of this Nation, after their marriage shall not be taken or disposed of in any manner contrary to her consent, for the purpose of satisfying a debt contracted by her husband, nor shall the property of the husband be liable to seizure, or otherwise to satisfy the debts contracted by the wife.
Be it further Resolved, that whenever a levy may be made on any property, claimed either by the husband or wife, or any other person as not belonging to the one indebted, he or she so claiming such property shall be required to enter into bond with security, for the forthcoming of such property at the District or circuit Court next to be holden in the respective District, and the right thereof to be then and there tried agreeably to law, and in case the person claiming such property shall fail to establish the legality of his or her claim, the debtor shall forfeit and pay twelve and a half per cent, on the amount of such debt, in addition to the lawful interest for the benefit of the creditor or creditors.
New Echota, November 2, 1829.
Approved Nov. 9-JNO ROSS.
Resolved by the Committee and Council in General Council convened. That an appropriation be and the same, is hereby made, out of any monies in the Treasury, not otherwise appropriated, to meet the contingent expenses, allowable by law, and which may become due before the next General Council.
Be it further Resolved, That the Principal Chief shall issue a warrant to the Treasury, whenever any such expenses may become due, for the same.
Echota, November 9th, 1829.