Wednesday November 12, 1828
Volume 1 No. 37
Page 1 Col. 4b-
Page 2 Co. 2a
Saturday, Nov. 1
On motion of Mr. Taylor, it was agreed to dispense with the consideration of the Principal Chiefs message on the subject of issuing permits to another time, and in lieu thereof the house proceeded to the petition of individual citizens of the Nation.
The petition of Robert Lovett was taken up, praying for a special law to be passed, granting him a new trial on a case of wrong judgment issued in his absence, at the District Court of Chattooga; by which sixty dollars was collected from petitioner as Security to Rabbit, who was defendant, and Kan-o-hee plaintiff. After considerable discussion and examination of some testimony, on motion of Mr. Gunter, the petition was laid on the table for further consideration on Monday.
The petition of A. Campbell and John Gunter Jr. praying for letters of administration to be issued on the estate of Richard Riley, deceased, was taken up for consideration. On motion of Mr. Taylor it was indefinitely postponed until a law shall be enacted, regulating administrations on estates.
The petition of E. Wilcox was postponed for further consideration.
The following petition was presented and agreed to without a dissenting vote, and submitted to the Council for concurrence.
To the Hon. Committee & Council:
The undersigned petitioner begs leave to represent to your Hon. Bodies, that he is desirous of again returning to the Cherokee Nation, with his family and effects to live, having for some years past been living in the state of Alabama. It may be necessary to inform you that my wife and children are Cherokees. I therefore pray that it may please your Hon. Bodies to re-admit me and my wife and children to all the rights and privileges of citizenship, and in duty bound your petitioner will ever pray.
New Echota, Oct. 28, 1828.
The petition of Jesse Bushyhead was taken up. On motion of Mr. Taylor it was defered (sic) until next Saturday for consideration.
The Committee adjourned to Mon-Monday (sic) 10 o'clock, Nov, 3d.
Monday, Nov. 3
The Committee met according to adjournment.
The resolution regulating permits was taken up and read the second time, with the objections thereto made by the principal chief. The house adjourned after proposing various amendments to the resolution .
Tuesday Nov. 4
The resolution respecting permits was again resumed.
Mr. Gunter moved that Missionaries or superintendents of Missionary establishments be required to obtain permits; agreeably to the provisions of the resolution. The motion was opposed by Mr. Taylor and Mr. J. Vann (C.)
Here a warm discussion ensued, in which Gunter, Taylor, Van. (C.) took an active part. Mr. Gunter argued on the inconsistency of introducing white men into the Nation, and granting them rights and privileges withheld from natural born Citizens. Messrs. Taylor and Vann argued on the blessing and privileges of education, and the good which has been produced by Mission establishments.
On motion of Mr. Gunter, the Bill was laid on the table, until further information can be produced respecting the privileges which were granted to Missionaries by the National authorities at the time when they were first permitted to make establishments.
Jos. Vann (C.) moved that the law passed in 1828, respecting Citizens hiring without-permits, be so amended as to make the penalty of such a trespass fifty Dollars. Mr. Bolen moved that the penalty be twenty-five Dollars. For Vann's motion, Baldridge, Daniel, Downing, Gunter, Sanders, J. Vann (H.) J. Vann (C.) and Taylor, 8 For Bolen's motion, Foreman, McDaniel, Timpson, D. Vann, Ward, and Bolen, 6.
Mr. Foreman moved for the passage of a law making unlawful f for the owners of authorized Ferries to exact toll from the citizens of the Nation. Yeas, Bowlen, Downing, Foreman, Gunter, McDaniel, Sanders, Timpson, Taylor, J. Vann (C.) D. Vann, J. Vann (H.) and Ward 12. Nays, Baldridge and Daniel, 2.
Jos. Vann (C.) moved that the law be a general one, including all Ferries, Toll Bridges and Turnpikes. The question being put, the motion was adopted without a dissenting vote.
The following resolution was passed and sent to the Council.
Resolved by the Committee and Couincil in General Council convened: That it shall not be lawful to exact pikeage (sic), tollage or ferriage from citizens of the Nation at any of the turnpikes. toll bridges and ferries, within the Cherokee Nation.
Mr. Gunter made motion to have the rates of Ferriage, at his ferry on the Tennessee river, regulated by law,. whereupon the following rates were established.
For Waggon (sic) & team, $1.00
" Cart, .50
" two wheel carriage, .50
" four wheel carriage, .75
" man and horse, .25
" horse, .12 1-2
" footman, .12 1-2
" cattle, sheep, hogs &c
pr. head, 4
A resolution was adopted authorizing the Circuit Courts to regulate tolls at all the turnpikes, ferries and bridges belonging to individuals of the Nation and established according to law.
On motion or (sic) Mr. Taylor the following resolution was adopted.
Resolved by the Committee and Council in General Council convened, That
the law passed 8th Nov. 1822, prohibiting gaming at cards under certain penalties
therein specified, be, and the same is hereby, so amended, that no person or
persons shall be allowed to game at dice, roulette, or thimbles, under the same
penalties as are prescribed therein for gaming at cards.
Be it further resolved,that the above amendment shall go into full force and effect on the first day of January, 1829.
The resolution submitted by the lower house on the subject of advertising stray property, and making it the duty of officers to forward a copy of the advertisement to the Editor of the Phoenix, under the penalty of fifty Dollars, was taken up. After some progress, on motion of Mr. Ward, the resolution was laid on the table.
The petition of Robert Lovett was resumed. After the examination
of further testimony, the Committee decided that they had no power to interfere
in the proceedings of the Courts, though it was evident to the house that petitioner
was unjustly treated.
The following communication was received from the Principal Chief.
Nov, 3d, 1828
TO THE PRESIDENT
OF THE COMMITTEE,
Sir,- It has become my duty to communicate to you for the information of the General Council, that Jesse E. Bean has made charges before me, against Edward Adair, public turnpike keeper, for making use of public money. Mr. Bean further states that he is willing at any time to authenticate his charges by good proofs.
I am, Sir you Obt. Serv't
On motion of Mr. Taylor the subject was defered until Mr. Bean should
produce his proofs.
The sum of three dollars was appropriated for the benefit of Whippoowill (sic), for acting as express to the principal Chief.
Leave of absence was given to John F. Baldridge for the remaining part of the session.
The select Committee on the judiciary made report, recommending the establishment of justices Courts. After some discussion the bill was laid on the table.
The Committee to whom was refered (sic) the Treasurer's report, also made report.
The petition of Archy Foreman, & James M'Daniel, sent from the lower house, praying for permission to establish a ferry on the Highwassee river near Tobacco John's and also to open a road, from thence to intersect the Georgia road at Thos. Fields, was read and granted.
The petition of William Robison, granted by the lower house praying to be restored to all the rights and privileges possessed by other whitemen (sic) by marriage, was introduced. It was unanimously rejected by the Committee, it appearing that petitioner was never lawfully married, and had two or three other white wives; & had left them all without being divorced.
The petition of Messrs Robert Rogers, James Rogers, and William O. Wagnon. praying for permission to burn lime in the Nation, was read and rejected.
Mr. Jos. Vann introduced a Bill, requiring the Treasurer to keep his office at Echota during each session of the General Council. It was unanimously adopted and sent to the Council.
The Bill respecting the issuing of permits was again resumed. A motion was made not to include missionaries in the Bill. It was agreed to be the Committee. After some discussion a resolution was adopted and sent to the lower house for concurrence.
The Bill establishing inferior Courts was again resumed. After some progress it was laid on the table and made the order of to-morrow.
The petition of William Lassly and others, praying for a grant to open a road from Turkey;s Town to Alexander Sanders was read and rejected.
The petition of Luke Fernal praying that the appropriation of $57 2., for the benefit of George Candy, be paid to him, was introduced, and granted.
The petition of Big Cabbin praying the Committee to grant him a new hearing in a certain case, was rejected.
The claim of Big Cabbin against the Cherokee Nation, for the sum of one hundred dollars, the amount advanced to Maj. John Walker in 1817, by order of the Delegation at Washington, was laid before the Committee. After some considerations, it was laid on the table.
The judiciary Bill was resumed.- After some progress, it was laid over until to-morrow.
The petition of James C. Martin, praying for compensation as Clerk of The Supreme Court of the Cherokee Nation, was presented, and rejected.
The resolution regulating the issuing of permits was rejected by the lower house, and sent to the Committee. It was laid on the table until tomorrow.
The resolution on the subject of permits was adopted with amendments, and again submitted to the Council.
The Bill on the judiciary was resumed. It was decided by the Committee to establish one District Court in each District, to be composed of a District Judge, with a salary of sixty Dollars, six Jurors and a Clerk, instead of three Justices Courts, as recommended by the select Committee.
A resolution was passed dividing the Cherokee Nation i to two Circuit Districts. The first Circuit to be composed of the Districts of Coosewaytee, High Tower, Hickory Log, and Taquohee. The second Circuit to be composed of the Districts of Aquohee, Ahmohee, Chickamauga, and Chattooga.
An appropriation was made to purchase an iron chest, for the use of the Treasury of the Nation.
A resolution was adopted, authorizing the several judges of this Nation to establish such rules as they may deem expedient for the better regulation in their Courts.
A Bill was introduced by Mr. D. Vann and adopted, requiring the prosecutors in all criminal cases, to give bond and security for the faithful maintainance (sic) of such prosecutions.
The Committee adjourned to Monday.