Imatges de pÓgina
PDF
EPUB

(1783.] in act for opening the Land Office for the redemption of specie and

other certificates, and discharging the arrears due to the Army. Sec. 3. And be it further enacted, That the Western boundary be enlarged, and established by a line, beginning on the line which divides this State from that of Virginia, at a point due North of the mouth of Cloud's Creek, running thence West to the Mississippi; thence down the Mississippi to the thirty-fifth degree of North latitude; thence due East until it strikes the Apalachian mountains: thence with the Apalachian mountains to the ridge that divides the waters of French-broad River and the waters of .Nol. lichuckie River, and with that ridge until it strikes the line described in the fifth section of an act, entitled - An act to amend an act for establishing offices for receiving entries of claims for lands in the several counties within this State, for ascertaining the method of obtaining titles to the same, and for other purposes;" and with that line, and those several water courses, to the beginning

Sec. 5. And be it further enacted, that the Cherokee Indians shall have and enjoy all that tract of land bounded as follows, to wit: Beginning on the Tennessee, where the Southern boundary of this State intersects the same, nearest to the Chickamawga Towns; thence up the middle of the Tennessee and Holstein to the middle of French-broad; thence up the middle of French-broad River (which lines are not to include any island or islands in the said river) to the mouth of Big-Pidgeon River; thence up the same to the head thereof, thence along the dividing ridge between the waters of Pidgeon River and Tuckasejah River to the Southern boundary of the State; and the lands contained within the aforesaid bounds shall be, and are hereby, reserved unto the said Cherokee Indians and their nation for ever, anything herein to the contrary notwithstanding.

SEC. 6. And be it further enacted, That no person shall enter and survey any lands within the bounds set apart for the said Cherokee Indians, under the penalty of fifty pounds specie for every such entry so made, to be recovered in any court of law in this State, by, and to the use of, any person who will sue for the same; and all such entries and grants thereupon, if any should be made, shall be utterly void.

Sec. 7. And be it further enacted, That no person, for any consideration whatever, shall purchase or buy, or take any gift or lease of any tract of land within the said bounds of any Indian or Indians; but all such bargains, sales, gifts, and leases, shall be, and are hereby, declared to be null and void; and the person so purchasing, buying, leasing, or taking any gift of any land of any Indian or Indians as aforesaid, shall moreover forfeit the sum of one hundred pounds specie, for every hundred acres so purchased, bought, leased, or taken, as aforesaid; one half to the use of the State, and the other half to him that will sue for the same, to be recovered in the manner aforesaid.

SEC. 8. And whereas the said Indians may receive injuries from people hunting, ranging, or driving stocks of horses, cattle, or hogs, on the lands hereby allotted them: For remedy whereof, Be it enacted by the authority aforesaid, That it shall not be lawful for any person or persons whatsoever to hunt or range on the said lands, or to drive stocks of cattle, horses, or hogs thereon, on pain of forfeiting the sum of fifty pounds specie for every such offence, together with such stoek or stocks of horses, cattle, or hogs, so

2

1

[ocr errors]

driven; to be recovered by any person who shall sue for the same in the manner aforesaid.

Sec. 9. And be it further enacted, That it shall and may be lawful for any person who now is, or hereafter shall become, a citizen of this State, according to the constitution thereof, to enter with the Entry Taker, to be appointed by joint ballot of both Houses of this General Assembly, to receive entries for claims of land, (all lands in this act reserved for the Indians excepted) a claim for any lands, provided such claim does not exceed five thousand acres.

[1783.] An'act for appointing an agent, and holding a treaty with the Cherokee

Indians, and for other purposes. Sec. 1. Whereas, holding treaties, and appointing one or more agents to keep up a continual friendly correspondence with the said Indians, may prevent future wars, and save expense of blood and treasure:

Sec. 2. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That His Excellency the Governor, as soon as may be, shall hold, or by such persons as he shall commissionate for that purpose, cause to be held a treaty with the Chickamagaw and Over-hill Cherokees, and also with the Cherokees of the middle and valley settlements, at the Long Island, on Holstein river; and his Excellency the Governor is hereby empowered to cause the musket powder, belonging to this State, or so much thereof as he shall think necessary, not exceeding one thousand weight, to be removed to the frontiers convenient to the place where the said treaty shall be held, and to give the said powder, or cause the same to be given, in presents to the said Indians; and his Excellency the Governor is hereby empowered to issue warrants on the Treasury for any sum not exceeding two thousand five hundred pounds specie, and cause the same to be laid out in the purchase of goods suitable for the said Indians, and the same goods to give, or cause to be given, in consideration of the lands by the said Indians to be ceded to the State; and also, to issue warrants on the Treasury for the sum of one thousand pounds specie, to defray the expences of removing the said powder and goods, and the purchase of necessary provisions for the support of said Indians attending the treaty, and other expences thereof; and a full and accurate account of all expenditures, articles, stipulations, cessions, agreements, and proceedings of the said treaty, wherein this State is or may be interested, shall be laid before the next General Assembly.

Sec. 3. And be it further enacted by the authority aforesaid, That Joseph Martin be, and he is hereby, appointed agent in behalf of this state, for the Chickamagaw and Over-hill Cherokees, and for the Cherokees of the Middle Settlements and Valley towns; and the said agent shall visit the Indians under his agency, in their own country, once in six months; shall deliver to them messages from the Governor, receive their talks, record them in a journal; record in like manner such public talks as he without order

may deliver them, and send copies of both to the Governor. Sec. 4. And in order that all the dealings and intercourses with the said Indians may be carried on in the most friendly and upright manner, and every fraud and imposition as faras possible prevented, Be it therefore enacted by the authority aforesaid, That no person whatsoever shall deal or traffic with the said Indians, within the limits of this State, without license

first had and obtained from the Governor of the same, and that those licenses shall be granted only to men of the most upright and unexceptionable honest characters, and shall not authorize any person obtaining them to trade with the said Indians for any longer time than one year, and those be annu- · ally received and obtained.

Sec. 5. And be it further enacted by the authority aforssaid, That every person obtaining such license shall pay for the same to the Governor the sum of FIVE pounds specie: and if any person shall, without such licence, presume to deal with the said Indians within the limits of this State, he shall forfeit and pay fifty pounds specie for the first offence, and ONE HUNDRED pounds specie for every subsequent offence, one half to the use of the public, the other half to him or them that shall prosecute for the same, to be recovered by action of debt, bill, plaint, or information, in any court of record.

Sec. 6. And be it enacted by the authority aforesaid, That the said agent shall be allowed ONE HUNDRED pounds specie per annum for all services,

GEORGIA.

[1787.) An act for suppressing the violences of the Indians. Be it enacted by the Representatives of the Freemen of the State of Georgia, in General Assembly met, and by the authority of the same, That, from and immediately alter the passing of this act, the Creek Indians shall be considered as without the protection of this State; and it shall be lawful for the government and people of the same to put to death or capture the said Indians wheresoever they may be found within the limits of this State, except such tribes of the said "Indians which have not, or shall not hereafter, commit hostilities against the people of this state, of which the commanding officer shall judge.

Sec. 2. And be it further enacted, That fifteen hundred men be enlisted as soon as may be, to serve until peace is established with the Indians, to be formed into two regiments, consisting of seven hundred and fifty men each; each regiment to be divided into ten companies; and that a colonel, lieutenant colonel and major be appointed to a regiment; and a captain, two lieutenants, four sergeants, and one drummer and one fifer to a company, and to act for the defence of the State, and shall be subject to the orders of the Governor for the time being, and all other their superior officers: Provided, That

, at the time of enlistment, each man shall take and subscribe the following oath: “I, A. B. acknowledge and solemnly swear that I have voluntarily enlisted in the company of the State troops of Georgia, to serve until peace shall be established with the Indians, and that I will be faithful to the State, and obedient to my officers.”

Sec. 8. And whereas, it may so happen, that certain persons have run and surveyed lands, without the limits of the respective counties of this

as established by law, and for which grants may have been surreptiliously claimed: Be it enacted, That all lands without the limits aforesaid, are hereby declared to be vacant, any warrant, survey, or grant, to the contrary notwithstanding; and that a tract of land laying and comprehended!

State,

within a line to be drawn from the most southern stream of the South Fork of Oconee, commonly called the Appalachee, in the nearest direction to the head or source of the main stream of Flint river, down the said river, including all the islands of the same, to the confluence of the Chatahouchee and Flint river; thence, Eastwardly, to the head or source of St. Mary's, to the confluence of the rivers Oconee and Oakmulgee; and thence, up the river Oconee, to the head or source of the most Northern stream of the Appalachee, or South Fork, where this line begins, shall be reserved, and, at the cessation of the hostilities with the Indians, appropriated to and for the allowances and bounties of and for the said officers and troops; and no warrant, survey, or grant, shall be obtained for any part of the lands within the said reserve, by any person whatever, until such hostilities shall cease; and all such officers or troops shall have a preference in laying their bounties within the said reserve.

Sec. 9. And be it also enacted, That the said bounties shall not interfere with a certain quantity of land in the vicinity of those Indian towns which are, and shall continue to be, friendly, which quantity shall be determined by a future Legislature.

[1796.]

"An Act to provide a fund in aid of an act of the last session of the Le

gislature, entitled An act for appropriating a part of the unlocated territory of this State, for the payment of the late State Troops, and for other purposes therein mentioned.

WHEREAS, the Executive authority of the United States has authorized a

treaty to be held for the extinguishment of the Indian claims to certain lands within the limits of the State of Georgia, agreeably to the act of the last Legislature, entitled “ An act for appropriating part of the unlocated territory of this State for the payment of the late State Troops, and for other purposes therein mentioned,” which treaty the State is desirous of furthering to the utmost of her power and ability:

Sec. 1. Be it enacted, therefore, by the Senate and House of Representatives, of the State of Georgia, in General Assembly met, That the sum of fifteen thousand six hundred and fifty-six dollars nineteen cents of the stock of the United States, the property of this State, and funded in the name of George Jones, together with the interest due, or to grow due, on the six and three per cent. proportions of the said stock, be, and the same is and are hereby, appropriated, in aid of the sum of twenty thousand dollars appropriated by the aforesaid act, entitled “An act for appropriating a part of the unlocated territory of this State for the payment of the late State Troops, and for other purposes therein mentioned,” for carrying a treaty with the Creek Indians into execution, and for extinguishing the said Indian rights to the territory mentioned, and contemplated to be extinguished; and his Excellency is hereby empowered to cause the same to be assigned and set over on the books of the Treasurer, or on the books of the Commissioner of Loans of the United States, for this State, for this special purpose, and for no other.

1830.

Law of Georgia, taken from the Georgia Journal,printed at Mil

ledgeville, of Saturday, January 23d, 1830. AN ACT to add the Territory lying within the chartered limits of Georgia,

and now in the occupancy of the Cherokee Indians, to the counties of Carroll, DeKalb, Gwinnett, Hall, and Habersham, and to extend the laws of this State over the same, and to annul all laws and ordinances made by the Cherokee nation of Indians, and to provide for the compensation of offcers serving legal process in said Territory, and to regulate the testimony of Indians, and to repeal the ninth section of the act of eighteen hundred and twenty-eight upon this subject.

Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That, from and after the passing of this act, all that part of the unlocated territory within the limits of this State, and which lies between the Alabama line and the old path leading from the Bussard Roost on the Chattahoochie to Sally Hughes' on the Hightower river, thence to Thomas Petet's, on the old Federal road, thence with said road to the Alabama line, be, and the same is hereby, added to, and shall become a part of, the county of Carroll.

Sec. 2. And be it further enacted, That all that part of said territory lying and being North of the last mentioned line, and South of the road running from Charles Gates' ferry on the Chattahoochie river to Dick Roe's, to where it intersects with the path aforesaid, be, and the same is hereby, added to, and shall become a part of, the county of DeKalb.

SEC. 3. And be it further enacted, That all that part of said territory lying North of the last mentioned line, and South of a line commencing at the mouth of Baldridge's Creek; thence up said creek to its source; from thence to where the federal road crosses the Hightower; thence with said road to the Tennessee line, be, and the same is hereby, added to, and shall become a part of, the county of Gwinnett.

Sec. 4. And be it further enacted, That all that part of said territory lying North of said last mentioned line, and South of a line to commence on the Chestatee river at the mouth of Yoholo creek; thence up said creek to the top of the Blue ridge; thence to the head waters of Notley river; thence down said river to the boundary line of Georgia, be, and the same is hereby, added to, and shall become a part of, the county of Hall.

Sec. 5. And be it further enacted, That all that part of said territory lying North of said. last mentioned line, within the limits of this state, be, and the same is hereby, added to, and shall become a part of, the county of Habersham.

Sec. 6. And be it further enacted, That all the laws, both civil and criminal, of this State, be, and the same are hereby, extended over said portions of territory, respectively; and all persons whatever residing within the same, shall, after the first day of June next, be subject and liable to the operation of said laws, in the same manner as other citizens of this State or the citizens of said counties, respectively; and all writs and processes whatever, issued by the courts, or officers of said courts, shall extend over, and operate on, the portions of territory hereby added to the same, respectively.

Sec. 7. And be it further enacted, That, after the first day of June next, all laws, ordinances, orders, and regulations, of any kind whatever, made, pas

« AnteriorContinua »