Imatges de pÓgina
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sed, or enacted, by the Cherokee Indians, either in general council or in any other way whatever, or by any authority whatever, of said tribe, be, and the same are hereby declared to be, null and void, and of no effect, as if the same had never existed; and in all cases of indictment, or civil suits, it shall not be lawful for the defendant to justify under any of said laws, ordinances, orders, or regulations; nor shall the courts of this state permit the same to be given in evidence on the trial of any suit whatever.

Sec. 8. And be it further enacted, That it shall not be lawful for any person or body of persons, by arbitrary power or by virtue of any pretended rule, ordinance, law, or custom,of said Cherokee nation, to prevent, by threats, menaces, or other means, to endeavor to prevent any Indian of said nation, residing within the chartered limits of this State, from enrolling as an emigrant, or actually emigrating, or removing from said nation; nor shall it be lawful for any person or body of persons, by arbitrary power or by virtue of any pretended rule, ordinance, law, or custom, of said nation, to punish in any manner, or to molest either the person or property, or to abridge the rights or privileges of any Indian for enrolling his or her name as an emigrant, oř for emigrating, or intending to emigrate from said nation.

Sec. 9. And be it further enacted, That any person or body of persons offending against the provisions of the foregoing section, shall be guilty of a high misdemeanor, subject to indictment, and, on conviction, shall be punished by confinement in the common gaol of any county of this State, or by confinement at hard labor in the Penitentiary, for a term not exceeding four

years, at the discretion of the court. Sec. 10. And be it further enacted, That it shall not be lawful for any person or body of persons, by arbitrary power, or under color of any pretended rule, ordinance, law, or custom, of said nation, to prevent, or offer to prevent or deter any Indian, head man, chief, or warrior, of said nation, residing within the chartered limits of this State, from selling or ceding to the United States, for the use of Georgia, the whole or any part of said territory, or to prevent, or offer to prevent, any Indian, head man, chief, or warrior, of said nation, residing as aforesaid, from meeting in council or treaty, any commissioner or commissioners on the part of the United States, for any purpose whatever.

Sec. 11. And be it further enacted, That any person or body of persons offending against the provisions of the foregoing section, shall be guilty of a high misdemeanor, subject to indictment, and, on conviction, shall be confined at hard labor in the Penitentiary, for not less than four, nor longer than six years, at the discretion of the court.

Sec. 12. And be it further enacted, That it shall not be lawful for any person or body of persons, by avbitrary force, or under color of any pretended rules, ordinances, law, or custom, of said nation, to take the life of any Indian residing as aforesaid, for enlisting as an emigrant, attempting to emigrate, ceding, or attempting to cede, as aforesaid, the whole or any part of said territory, or meeting, or attempting to meet, in treaty or in council, as aforesaid, any commissioner or commissioners as aforesaid ; and any person or body of persons offending against the provisions of this section, shall be guilty of murder, subject to indictment, and, on conviction, shall suffer death by hanging.

Sec. 13. And be it further enacted, That, should any of the foregoing offences be committed under color of any pretended rules, ordinance, custom, or law, of said nation, all persons acting therein, either as individuals or

as pretended executive, ministerial, or judicial officers, shall be deemed and considered as principals, and subject to the pains and penalties herein before prescribed.

Sec. 14. And be it further enacted, That, for all demands which may come within the jurisdiction of a magistrate's court, suit may be brought for the same in the nearest district of the county to which the territory is hereby annexed; and all officers serving any legal process on any person living on any portion of the territory herein named, shall be entitled to receive the sum of five cents for every mile he may ride to serve the same, after crossing the present limits of said counties, in addition to the fees already allowed by law; and in case any of said officers should be resisted in the execution of any legal process issued by any court or magistrate, justice o the Inferior Court, or judge of the Superior Court of any of said counties, he is hereby authorized to call out a sufficient number of the militia of said counties to aid and protect him in the execution of his duty.

Sec. 15. And be it further enacted, That no Indian or descendant of any Indian, residing within the Creek or Cherokee nations of Indians, shall be deemed a competent witness in any court of this State to which a white person may be a party, except such white person resides within the said nation.

WARREN JOURDAN, Speaker of the House of Representatives.

THOMAS STOCKS,

President of the Senate. Assented to, Dec. 19. 1829.

GEORGE R. GILMER, Governor.

TENNESSEE.

[1794.] Act of the Territorial Assembly of Tennessee, entitled An act to amend

an act establishing courts of law, and for regulating proceedings therein."

Sec. 32. And be it enacted, That if any person who shall be summoned as a witness in any of the said courts, or before any person appointed to take depositions as aforesaid, shall refuse to give testimony on oath, such person so refusing shall, by the court, or by the commissioner before whom he shall be summoned, be committed to the common prison, there to remain, without bail or mainprize, until he shall be willing to give testimony in such manner as the law doth or may direct: Provided, The people called Quakers shall have the liberty of giving their testimony by way of solemn affirmation, in all causes whatsoever, criminal as well as civil: and provided also, That all negroes, Indians, mulattoes, and all persons of mixed blood, descended from negro and Indian ancestors, to the third generation, inclusive, (though one ancestor of each generation may have been a white person) whether bond or free, shall be taken and deemed to be incapable in law to be witnesses, in any case whatever, except against each other: And provided further, That no person of mixed blood, in any degree whatsoever, who has been liberated within twelve months previously, shall be admitted as a witness against a white person.

ALABAMA.

An act to extend the jurisdiction of the State of Alabama over the Creek

Nation.

[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 so 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 hercafter be established out of the Creek Indian territory.

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Sac. 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 same 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.

MISSISSIPPI.

(1830.] An act to extend the la:cs of the State of Mississippi over the persons

and properly of the Indians resident within its limits. Sec. I. Be it enacted 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.

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

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Sec. 4.

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 occupied by the Chickaşaw 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.

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