Wednesday October 29, 1828
Volume 1 No. 35
Page 1 Col. 4b-5b
Page 2 Col. 1a-2a
Tuesday Oct. 21.
Mr. Joseph Vann (of Coosewaytee) moved an amendment to the law of the 26th Oct. 1819, authorizing the issuing of permits for the employment of schoolmasters, and mechanics &c.- After discussion the following resolution was passed and submitted to the Council for concurrence.
Resolved by the Committee and Council in General Council convened:
That the law passed 26, Oct. 1819 regulating the issuing of permits &c. &c. is hereby so amended, as to require any citizen of citizens who shall obtain permit for any mechanic &c. agreeably to the above law, to pay a tax of five dollars for each and every permit so obtained for the term of one year, and in proportion for a greater length of time.
Be it further Resolved, That so much of said law, as requires the Committee and Council to issue permits, be repealed; and in lieu thereof the power of issuing permits shall be vested in the Treasurer of the Cherokee Nation; and that it shall not be lawful for him to issue any permit or permits to any person or persons before the above tax shall have been paid: and that he shall keep a correct record of all permits issued.
Be it further Resolved, That any person or persons obtaining a permit or permits shall be required to give bond and security for the good behaviour (sic) of such person or persons so brought into the Nation, which shall be satisfactory to the Treasurer.
Be it further Resolved, That the employer or employers shall be bound, under the penalty of twenty dollars, to notify the Sheriff of his or their District of the expiration of the term specified in his or their permit or permits:- and it shall be the duty of the Sheriff to remove such person or persons out of the Nation, unless his or their permit or permits shall be renewed within the space of twenty days.
Be it further Resolved, That the above resolution shall go into effect, so soon as it shall have passed the Council, and been approved by the Principal Chief. [Concurred.]
The select Committee on the duties of the National Marshal made report.
The following resolution was passed-
Resolved &c. That the National Marshal shall enter into bond with sufficient securities in the penal sum of $5,000 for the faithful discharge of the duties that may be required of him.
Sec. 2d. Be it further Resolved, That it shall be his duty to attend the Supreme Court annually during its session, and to execute all the decisions which may be made, or have it done by the Sheriffs of the several districts and all other business in which the Cherokee Nation may become a party within the jurisdiction of the Nation.
Sec. 3d. Be it further Resolved, That he shall receive for his services a salary of $100 and shall also be allowed eight per cent for [all] collections [which he shall make.]
Messrs. Taylor, Sanders and Foreman were appointed a select Committee to take into consideration so much of the Message of the Principal Chiefs as relates to loans due the National Treasury.
The house adjourned till to-morrow at nine o'clock.
Wednesday Oct. 29
The committee on loans from the Treasury made a report which was read.
The following Resolution was passed without a dissenting vote, and sent down for concurrence.
Resolved by the Committee and Council in General Council convened: That all officers appointed under the authority of this Nation, who are required to give bond and sufficient security for the discharge of their duties, and whose offices require a Commission from the Principal Chief, shall be required to enter into their bonds with the Treasurer of the Cherokee Nation; and shall be required to produce certificates from the managers of the elections certifying that they have been legally elected; and it shall be the duty of the Treasurer to receive their bonds, and issue a certificate to each officer so bound, which when presented to the Principal Chief, shall be sufficient evidence for his commission to be granted.
A resolution was passed directing the sending of an express to require the immediate attendance of the Principal Chief, who was absent, or, in case of the impossibility of his attendance, desiring commissions to be sent to Walter S. Adair, Andrew Ross and John Huss, who had been duly elected Judges of the Supreme Court.- [Concurred.]
The Report of the Committee on public loans was taken into consideration, and after discussion, the following resolution was passed without dissent.
Resolved by the Committee and Council in General Council convened, That so much of the law passed 24th Oct. 1827, supplementary to the law passed 5th Nov. 1825, as requires the Treasurer of the Cherokee Nation to call in all monies loaned out of the Treasury on the first Monday in October 1828 be, and the same is hereby repealed.
Be it further Resolved, That any person or persons who may be owing the National Treasury by bond for loaned money, shall be allowed one month from the passage of this Resolution for the renewing of his or their bond or bonds in the Treasury, by paying up the interest due thereon, and giving sufficient securities; and that he or they be required to pay up the full amount of his or their bond or bonds, with the interest, in three instalments (sic) of six months each,- the first instalment and interest to be paid seven months after the passing of this, and the second instalment to be paid six months thereafter,&c.
Be it further Resolved, That in case any person or persons should fail to renew his or their bond or bonds by paying up the interest &c. within the space of one month, as provided above, the Treasurer shall proceed to have the full amount of his or their bond or bonds, with the interest due thereon, collected agreeably to law.
The Petition of Reuben Thornton, praying for the prevention of the cutting of roads, and establishing of ferries on the Chattahoochee, contrary to law, and to his injury, was read, & referred to a select Committee, consisting of Messrs Daniel Gunter, and Baldridge.
The Committee to whom was referred so much of the Chiefs Message as relates to the Judiciary System, presented a Report, which was read and made the order of the day for tomorrow.
Adjourned to meet tomorrow at 9 o'clock.
Tuesday Oct. 23
A Resolution was passed, requiring the former Clerk to deliver up to the present Clerk all papers belonging to the National Committee.
On motion of Mr. David Vann, the report of the Committee on the Judiciary was taken up. The Report was read the second time, and again laid on the table.
The Resolution submitted to the Council giving further indulgence to
public debtors was returned with a verbal amendment, when the House adopted
the following rule,
That any objections or amendments that may be proposed by the Council to any resolution submitted by the Committee should be made in writing; and sent back the Resolution for the written amendment. The Resolution was returned from the Council with the following note.
The Lower House has concurred with the Committee, excepting the term of one month to renew bonds and securities, and in lieu of one month they have substituted six weeks. On the question whether the Committee would agree to the amendment the votes were-Ayes Daniel, Downing, Foreman, Gunter, Taylor, Jos. Vann ( of Hightower D.) 6 Nays Baldridge, Bolin, Griffin, M'Daniel, Saunders, Timpson, Jos. Vann, (of Coosewaytee D.) David Vann, Ward, 9.
The Resolution was again submitted to the Council.
John Martin appeared before the Committee and executed his bond as Treasurer of the Cherokee Nation, to the satisfaction of the Committee, agreeably to law.
On motion of Mr. Daniel the House went into the revision of the Judiciary System. After progress adjourned to meet tomorrow at the usual hour.
The Bear's Paw, who killed a man at Sumach in last March obtained pardon by a joint vote of both houses of the General Council.
The Resolution of the Committee giving further indulgence to public debtors was returned by the Council with their concurrence.
The House resumed the revision of the Judiciary System, and after a further progress, again deferred the subject till tomorrow.
A resolution to rent a room for the use of the supreme Court was adopted and submitted.
The Committee on the petition of R. Thornton made a report, & resolution relating to said petition was read and laid on the table.
The House took up the petition of Reuben Thornton. After discussion deferred the further consideration of the subject until Monday.
A petition from Jno. Gunter and Arch. Campbell, (praying for the appointment of a new administrator to the estate of Richard Riley, deceased,) was read, and laid over.
The Judiciary Bill was again deferred.
The subject of Reuben Thornton's petition was resumed. A communication from the Principal Chief, and other documents relating to the subject were read. Mr. Thornton desired a loan of $500 from the Nation. Jos. Vann (of Coosewaytee) moved that it was not expedient to loan more than $300. The question being taken, Mr. Vann's motion was carried, and the following resolution passed & submitted to the Council for concurrence.
Resolved by the Committee and Council in General Council Convened, That the sum of three hundred Dollars be and the same is hereby appropriated out of any monies in the Treasury not other wise appropriated, as a loan to Reuben Thornton, and that the said Reuben Thornton be required to enter into a bond with security to the satisfaction of the Committee, before a warrant be issued for the money; the said loan to be subject to the same regulations as those under the law passed the present session, extending further indulgence to persons owing the Treasury.
A resolution was passed, appropriating the sum of $12 00 as a compensation to Thomas Melton of Jefferson Co. Alabama for apprehending, and bringing in from the state of Alabama, a criminal by the name of John Cockerel, alias Brown; and also the sum of six dollars to Kah-noh-skee-skee for acting as guard over said Cockerel. Concurred by the Council, and approved by the Principal Chief.