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An act to extend the jurisdiction of the State of Alabama over the Creek
[1829.) Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all the territory within the following boundaries, to wit: Beginning on the bank of Coosa river, at the mouth of Kiamulga creek, and running thence with McIntosh's road to the Georgia line; thence, with the said line, Northwardly, to the boundary line between the Creek and Cherokee nations; thence, Westwardly, with the said last named boundary, to the mouth of Wills' creek, on Coosa; thence, down Coosa, to the beginning, shall be added to, and form a part of, the county of St. Clair. And all the territory in the following boundaries, to wit: Beginning at the mouth of Kiamulga, and running thence down the Coosa river to Fort Williams; thence, in a direct line, to Miller's bend, on the Chattahoochie; thence, with the boundary line between Alabama and Georgia, to where it crosses McIntosh's road; thence, with said road, to the beginning, shall be added to, and form a part of, the county of Shelby. And all the territory within the following boundaries, to wit: Beginning at Fort Williams, and running down Coosa river to Wetumpka Falls; thence, along the Indian boundary line, to the road leading from Pensacola to Kendall Lewis' old stand, on the Federal road; thence, along said road, to the Chattahoochie river; and all territory North of the aforesaid line, and not attached to any other county, shall belong to, and form a part of, the county of Montgomery; and all Indian territory lying South of the before described line, shall belong to, and form part of, the county of Pike.
Sec. 2. And be it further enacted, That the jurisdiction of the Circuit Courts of the above named counties be, and the same is hereby, extended over their respective limits, as established in the preceding section.
Sec. 3. And be it further enacted, That the jurisdiction of the Orphans' Courts and courts of revenue of the above named counties, shall, after the first day of March, one thousand eight hundred and thirty, be extended over 40 much of their respective limits as now constitutes a part of the Creek nation.
Sec. 4. And be it further enacted, That it shall be the duty of the court of roads and revenue in the above counties, on the first Monday of July next, or shortly thereafter, to appoint a suitable person, whose duty it shall be to make an accurate census of the Indian population residing in his county, classing them into separate classes, to wit: Those under ten years, over ten and under twenty-one, over twenty-one and under forty-five, and those over forty-five, the males and females into separate columns, noting the number of mixed blood, and also the number of slaves owned by the Indian population, and make return thereof to the clerk of the County Court of the county, respectively, and to the Secretary of State, as soon as practicable.
SEC. 5. And be it further enacted, That the person so appointed shall be entitled to three dollars a day, for the length of time that the court of revenue shall certify as necessary to perform said service; and that the same be a charge upon the State Treasury, subject to be reimbursed by such new counties as may hereafter be established oụt of the Creek Indian territory.
SEC. 6. And be it further enacted, That nothing in this act shall be so construed as to impose taxation or militia duty on the Indians, until the saae be specially authorized by the State Legislature.
Sec. 7. And be it further enacted, That the sheriffs of said counties, for the service of any process in the Creek nation, shall be entitled to such compersation as the presiding judge of the Circuit Court, to which such process is returnable, shall certify, at the trial, is just and proper; and the same shall be taxed in the bill of cost.
Sec. 8. And be it further enacted, That the Secretary of State be required forthwith to furnish the agent of the Creek Indians, and each of our Senators in Congress, with a copy of this act.
[1830.] An act to extend the lases of the State of Mississippi over the persons
and properly of the Indians resident within its limits. Sec. 1. Be it enacled by the Senate and House of Representatives of the State of Mississippi in General Assembly convened, That, from and after the passage of this act, all the rights, privileges, immunities, and franchises held, claimed, or enjoyed, by those persons called Indians, and their descendants, and which are held by virtue of any form of policy, usage, or custom, existing amoag said persons, not particularly recognised and established by the common law, or statutes of the State of Mississippi, be, and the same are hereby, wholly abolished and taken away.
Sec. 2. Be it further enacted, That all the rights, privileges, immunities, and franchises, held and enjoyed by free white persons, inhabitants of the said State, be, and the same are hereby, given, granted, and extended, to the said persons called Indians, and their descendants, in as full and ample a manner as the same can be done by act of the General Assembly.
Sec. 3. Be it further enacted, That all the laws, statutes, and ordinances, now in force in the said State of Mississippi, be, and the same are hereby, declared to have full force, power, and operation, over the persons and property of and within the territory now occupied by the said Indians.
Sec. 4. Be it further enacted, That all marriages, matrimonial connexions, or associations, entered into by virtue of any usage or custom of the said Indians, and by them deemed valid, be, and the same are hereby, declared to be as binding and obligatory, as if the same had been solemnized according to the laws of this State.
SEC. 5. Be it further enacied, That any person or persons who shall assume on him or themselves, and exercise in any manner whatever the office of Chief, Mingo, Head man, or other post of power established by the tribal statutes, ordinances, or customs of the said Indians, and not particularly recognised by the laws of this state, shall, on conviction upon indictment or presentment before a court of competent jurisdiction, be fined in any sum not exceeding one thousand dollars, and, be imprisoned any time not exceeding twelve months, at the discretion of the court before whom conviction may be had.
Sec. 6. Be it further enacted, That the boundaries specified in an act, entitled “An act to extend legal process into that part of the State now accupied by the Chickașaw and Choctaw tribes of Indians,” passed February 4, 1829, shall be so construed as to make all legal process returnable as by that act required.
MARCH 22, 1830.
Mr. Young, from the Committee on Revolutionary Claims, made the following
REPORT: The Committee on Revolutionary Claims, to whom was referred the
petition of Ichabod Ward, report: That the petitioner presents and asks pay for a certain certificate or indent of interest, which is in the words following:
- Number 4174. “According to the resolution of the United States in Congress assembled, passed the twenty-eighth day of April, 1784, I do certify that there is due to James Shelden or bearer, twenty dollars and forty-five nineteenths for interest. Given at the Loan Office of the State of Connecticut, this 20th day of December, 1785.” And signed,
WM. IMLAY, C. L. 0. Which certificate is proved by the certificate of the Register of the Treasury to be genuine and outstanding against the United States.
Since the term limited for presenting these certificates expired, Congress has in some cases authorized their payment with six per cent interest—but as the provisions for funding them, confined their interest to three per cent. the committee report a bill in this case, allowing three per cent. only.