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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.
[1787.) An act for suppressing the violenoes 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 after 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: -1, 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 State, as established by law, and for which grants may have been surreptitiously 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!
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, includ·ing 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.
" An Act to provide a fund in aid of an act of the last session of the Legislature, 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, Junuary 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 officers 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, passed, 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 ihe 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, or 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 arbitrary 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. I
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 liv. ing 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 na
WARREN JOURDAN, Speaker of the House of Representatives.
President of the Senate. Assented to, Dec. 19. 1829.
GEORGE R. GILMER, Governor.
. [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 summoped 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.