LAW FOR THE OPPRESSION OF THE CHEROKEES.
An act more effectually to provide for the government and protection of the Cherokee Indians, residing within the limits of Georgia, and to prescribe the bounds of their occupant claims; and also to authorize grants to issue for lots drawn in the late Land and Gold Lotteries in certain cases, and to provide for the appointment of an Agent to carry certain parts thereof into execution.
Section 1st. Be it enacted, 'c. That in all cases where a white man is the head of an Indian family, such family shall retain the rights of such property claimed under the rights of such Indian family, the white man obtaining no right but that of the Indian use and occupation.
Sec. 2d. And be it further enacted, That every white man, who may have an Indian family,and who may be desirous of retaining his privileges, which he may possess as the head of an Indian family, may at any time before the last day of March next, notify the Clerk of the Superior Court of the county in which he may reside, in writing, his intention to retain his privileges as the head of such family, which notification shall be recorded in a book to be kept for that purpose and no other, and upon the doing of which he shall be entitled to all the privileges which are granted to such white men in the preceding section of this act.
Sec. 3d. And be it further enacted, That if any Indian or descendant of an Indian or white man, the head of an Indian family, claiming the privileges of an Indian shall employ, any white or person of color other than the descendant of an Indian, as tenant, cropper, or assistant in agriculture, or as miller or millwright, they shall for such offence, upon the same being established by the testimony of two respectable witnesses, forfeit all right and title that they may have to any reservation or occupancy within the limits of the State, and that upon the certificate of the Agent to be hereafter appointed, grants may issue for the same as if such improvement had never been occupied by such Indian, descendant of an Indian, or white man having an Indian family.
Sec. 4th. And be it further enacted, 'c. That when any Indian or descendant of an Indian, or white man having the privileges of an Indian, shall have two or more wives, any of whom shall reside on and apart from the usual abode of such Indian or descendant of an Indian, or white man, having the privileges of an Indian, they shall be held and considered the sole proprietor of such farm, together with the slaves, (if any) usually employed in cultivating the same, and if she or they shall enroll for emigration, shall have exclusive and absolute control thereof.
Sec. 5th. And be it further enacted, That if any Indian or others enjoying the privileges of an Indian, shall enroll for emigration and shall afterwards refuse to emigrate at the time stipulated, And provided, that such neglect shall not be occasioned by providence or other unavoidable cause, provided the agent of the United States shall be in readiness to remove them to Arkansas, he, she, or they, shall for such neglect or refusal, forfeit all rights to any future occupancy within the limits of this State.
Sec. 6th And be it further enacted, That no Indian or others having the privilege of an Indian, shall under (any) pretence whatever, set up any claim, or demand against any member of any of the same tribe, after such member shall have enrolled his or her name for emigration, so as to detain such emigrant from removing at the time stipulated, and when the claim shall be preferred any property which may be n possession of the individual emigrating, the agent as aforesaid, shall be competent to decide on the merits of the claim. Provided that nothing herein contained shall be so construed as to prevent the claimant from prosecuting his claim hereafter, and in the country to which such Indian or person, having the privilege of an Indian, shall emigrate.
Sec. 7th. And be it further enacted, That no contract either verbal or written alleged to have been made, by a white man and an Indian shall be binding, except the same can be established by the testimony of two respectable witnesses.
Sec. 8th. And be it further enacted, That no Indian or descendant of an Indian, or others having the privilege of an Indian, shall be allowed more than one hundred and sixty acres of land, which shall consist of the lot enclosing his dwelling house, or if in a district where the lots contain but forty acres, he or they shall be allowed the lot including his or her house, and as many others as he may have improvements on, not exceeding three, shall, and in both cases they shall be allowed such improved land as may be in any lot adjoining thereunto, which he or they may have actually inclosed and improved, previous to the 25th of December, 1830, and all the residue of such lots as are not entirely allowed as above, may be occupied by the drawer, or his or her legal representatives.
Sec. 9th And be it further enacted, That if any Indian or Indians, or any person claiming to be an Indian, or descendants thereof, or any Indian countryman, their aiders, abettors or assistants, who shall obstruct or resist by force or threats, the peaceable possession of the drawer thereof, or any person claiming under him, her or them, of any tract or lot of land not herein allowed to such Indian, such offender shall be guilty of a high misdemeanor for which she or they may be indicted, upon conviction shall be punished at the discretion of the court.
Sec. 10th. And be it further enacted. That when any lot drawn in the late land and gold lottery, shall be partly within an improvement of an Indian occupant, it shall be the duty of the agent as aforesaid, upon the drawer of such lot which has been valued and paid for by the United States, and partly within an improvement of an Indian occupant, or his or her legal representatives, producing to the said agent a certificate signed by his Excellency the Governor, showing that such lot was so drawn by him or her, immediately to place the drawer or his or her representative in possession of so much thereof, as may lie within the limits of such valued improvement, and forthwith to remove any intruder thereon, which might be calculated to prevent the peaceable possession of the same.
Sec. 11th. And be it further enacted, That his excellency the Governor, is hereby authorized to cause grants to issue for all lots which have been drawn in the land and gold lotteries, when they may be within or touch upon the improvements of any Indian or descendant of Indian or others, having the privileges of an Indian, or who under any of the treaties concluded be- (sic) the United States and the Cherokee tribe of Indians, have been allowed a reservation in fee simple, whether the said reserve shall have been located in this State or elsewhere, and also for all such lots as may have been drawn as aforesaid, and which may be within or touch upon the improvement of any descendant of an Indian, who was allowed a reservation in fee simple, as aforesaid. Provided, such descendant of an Indian shall not have been 21 years of age at the time his or her parents perfected such reservation, also for all lots which be within or touch upon the improvements of an Indian, or others having the privileges of an Indian, that in any treaty as aforesaid shall have been allowed a reservation for life, and who has been removed therefrom and settle within the limits of Georgia, and for all lots which may lie within or touch upon any improvement of an Indian or white man having the privileges of an Indian, who shall have heretofore enrolled for emigration, and shall have received in consequence of such enrollment any money or other valuable consideration, and also for all lots drawn as aforesaid, and which may lie within or touch upon, the improvements of any Indian or descendant of an Indian, or white men having the privileges of an Indian, and who in any of the land lotteries authorized by this State, shall have drawn thereon any lot or lots, and also for all lots which may be within or touch upon the improvements of any Indian or descendant of an Indian, or white man having the privileges of an Indian, which has been sold, leased, or rented contrary to the existing laws of said State.
Sec. 12th And be it further enacted, That his excellency the Governor, is hereby authorized to appoint some fit person as agent, whose duty it shall be to see that the provision of this act be duly and effectually carried into operation, and to examine and report to his excellency the Governor, such lots having Indian improvements thereon and subject to be granted by the act, who shall receive $1,000 per annum, as a full compensation for his services, and who shall take the following oath, viz: I, A B do solemnly swear that I will perform the duties of Indian agent in the Cherokee territory, according to the provision of this act, regulating the Cherokee Indians in the possessions of their persons and property, without failure or partiality, to the best of my abilities, so help me God: and he shall give bond and sufficient security in the sum of $2,000, for the faithful performances of the duties required of him by this act, and shall be subject to prosecution in the Superior Court of any county, when he shall violate or neglect to perform the duties required of him as agent aforesaid, upon conviction, removed from office, and fined at the discretion of the court.
Sec. 13. And be it further enacted, That if any person shall by threats or menaces, or otherwise, deter or prevent any Indian or Indians from enrolling for emigration, he or they shall be held and deemed guilty of a misdemeanor, upon conviction, fined not less than one hundred dollars, nor more than five, or imprisoned in the penitentiary, at the discretion of the court.