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Cherokee Phoenix
Vol. I No. 42
Wednesday December 29, 1828
Pg. 1 Col. 1b

CHEROKEE LAWS.

 Resolved by the Committee and Council, in General Council convened, That from, and after the passage of this resolution, it shall be unlawful for any citizen or citizens of the Cherokee Nation, to cut out or open any road or roads from any public road in this Nation, in any direction whatever, or repair any road or roads that have been put down by the authority of the Nation, or to open any road, or establish, on their own account, or in conjunction with any white person,any ferry r ferries, on any water courses bounding this Nation, or within the limits thereof, without first obtaining a permit from the General Council.

  Be it further resolved,That all roads that are now in operation within the Nation,and which have been opened since the passage of, and contrary to, the law of 1819, on the subject of roads, shall be forthwith stopped by the sheriff of the District in which such road may be located, or by the Marshal of the Nation, by  giving notice to the parties using said road or roads, or at who\se instance the same may have been cutout, that the same are put down and required to be stopped by them by virtue, and in obedience to the provisions, of this resolution; and every person continuing to keep upon or use such roads, thereafter, shall be considered as if they had ut and opened the same since the passage of this resolution,and shall be subject to such penalty as shall hereinafter be prescribed.

  BE it further resolved,That it shall be the duty of the several of the sheriffs of the Districts of this Nation,and the Marshal of the Nation, upon information being lodged with them,or in case of any violation of the provisions of this resolution coming to their knowledge, to forthwith arrest such violators, and carry them before one of the District Judges, who shall bind them over to appear, at the next District court for the District in which the offence shall be committed, in a bond with such security as the said Judge shall deem sufficient to compel the said violators to appear at the aforesaid court and stand their trial; and in the event of any person or persons so arrested refusing to give good and sufficient security for his or their appearance at court, as aforesaid, then it shall be the duty of the Judge,before whom such person or persons may be brought,to inflict   upon them the penalty hereinafter specified.

 Be it further resolved, That nay person or persons who shall violate any of the provisions of this resolution shall for every such offence, for which  he or they are convicted, pay a fine of 100 dollars, one half to go to the arresting officer, and theother half to be paid into the National Treasury, which said fines shall be collected by any qualified officer of the Nation, by seizing and selling any property belonging to said person or persons as in cases of other fines imposed by the laws of this Nation.

 Be it further resolved, That this resolution shall be considered as an amendment to the resolution of 30th Oct. 1819, on the subject of roads,and that the following words in said resolution, "or any such cases as may be brought before them for trial" be, and the same are hereby repealed.
 New Echota, Nov. 11th 1828.
 LEWIS ROSS. Pres't Comm.
 Concur'd GOING SNAKE, Sp'k'r Coun.
 Approved.-JNO. ROSS.
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 Resolved by the National Committee and Council, in General Council convened, That in case a vacancy should happen in the General Council, either by death or resignation of any of the members, previous to the next General Election, the District Judge of the District in which such member may reside or have resided, shall notify the Principal Chief of the same.

 Be it further Resolved,That in all such cases of vacancy, as may happen as above mentioned, the Principal chief shall have power to issue a writ of election to fill such vacancy, until the next General Election, and shall appoint such persons as he may deem suitable to superintend the election.
 New Echota, November 12th, 1827.
 LEWIS ROSS. Pres't Com.
 Concur'd GOING SNAKE, Sp'k'r. Coun.
 Approved-JNO. ROSS.

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 Resolved by the Committee and Council, in General Council convened, That if any person or persons shall interrupt, by
misbehavior, or congregation of Cherokee or white citizens, assembled at any place, for the purpose of Divine worship, such person or persons, so offending, shall upon conviction thereof, before any of the courts, be fined in a sum not exceeding ten dollars, to be adjudged by the court of the district in which such offence may be committed; and if any negro slave shall be convicted of the above offence, he shall be punished with thirty-nine lashes on the bare back.
 New Echota, Nov. 12th 1828.
 LEWIS ROSS. Pres't Com.
 Concurred, GOING SNAKE, Speaker
 Approved, JNO. ROSS.
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 Resolved by the Committee and Council, in General Council convened, That the law passed 4th day of July, 1827, authorizing the Treasurer of the Nation , to lease out, to the highest bidder, the ferry and improvements on the Chatahoochee River, on the federal road, be, and the same is hereby repealed.
 New Echota, Nov. 13th 1828.
 LEWIS ROSS. Pres't Com.
 Concur'd GOING SNAKE, Sp'k'r. Coun.
 Approv'd JNO. ROSS.
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 Resolved by the Committee and Council, in General Council convened. That the Principal Chief of the Cherokee Nation shall be allowed a salary of three hundred dollars per annum, during his continuance in office, out of the public funds of the Nation.  And the assistant Principal Chief shall be allowed a salary of one hundred and fifty dollars.
 The executive Counsellors shall be paid at the rates of two dollars per day, while in actual service, when called upon by the Principal chief.

 The treasurer of the Cherokee Nation shall be allowed, for his services, three hundred and fifty dollars per annum.

 The sheriffs of the several districts shall be allowed for their services fifty dollars per annum,besides their collection fees-any law to the contrary notwithstanding.

 New Echota, 13th Nov. 1828.
 LEWIS ROSS,Pres't Com.
 Concur'd,GOING SNAKE,Sp'k'r. Coun.
 Approv'd JNO ROSS.
__________________________

 Resolved by the National Committee and Council, in General Council convened, That the law passed 13th November, 1824, making it unlawful for citizens of the Nation to receive into their employment citizens of the United States, without obtaining a permit agreeably to law, under the penalty of being fined in a sum not exceeding $10, be, and the same is hereby, so amended, as to raise the above named sum of ten dollars to fifty dollars; and any citizen of the Nation upon being convicted of violation of the above mentioned law, before any of the courts of this Nation , shall be fined in a sum not exceeding fifty dollars and not less than one dollar for each and ever such offence to be assessed by the court of the respective District.

 Be it further resolved,That this resolution shall go in full fore and effect on the first day of January, 1829.
 New Echota, 14th Nov. 1828.
 LEWIS ROSS. Pres't Com.
 Concurred, GOING SNAKE,Sp'kr.
 Approved, JNO. ROSS.

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 Resolved by the National Committee and Council,in General Council convened, That all costs arising from prosecution, for violations of the laws, shall not be paid by the Nation, excepting in such cases as may hereinafter be specified, but shall be collected from the person or persons so prosecuted and convicted; and in case the person or persons so convicted shall not be able to pay the same,then, and in that case, the Nation shall pay the same.

 Be it further resolved, That whenever a criminal may be arrested for violation of the laws of the Nation, it shall be lawful for the officer to board him or her with the guard at some suitable place, until the time of trial, which expense shall be paid by the Nation, in case the said criminal shall be acquitted, but if convicted, he or she shall be required to pay the same if the amount can be collected; and the rates of charges for boarding guards and criminals shall not exceed the following rates, viz: for man and horse per day, seventy five cents, for man without a horse, fifty cents; and the amount, time, &c. of boarding shall be certified by some lawful officer of the District, which shall be presented to the Principal Chief before a warrant shall be issued for the money.
 New Echota, Nov. 14, 1838
 LEWIS ROSS. Pres't Com.
 Concurred, GOING SNAKE, Spk'r
 Approved, JNO. ROSS.
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 Resolved by the committee and Council,in General Council convened, That when a person shall die without a Will., the nearest relatives of the deceased shall have the right to recommend to the Circuit Court of the District in which the deceased lived, such person or persons as they shall choose,to administer on the estate,and it shall be the duty of the circuit Judge to issue letters of administration to the person or persons so recommended, provided that he, she, or they shall make and exhibit on oath a true and just schedule of all the property, debts, dues,and demands of right belonging to the said estate, together with all demands that maybe against the said estate as far as he, she, or they may know,which schedule shall be filed in the clerks office; and provided also that said person or persons before obtaining letters of administration shall execute a bond with good and sufficient securities for the faithful management and forthcoming of the estate,together with the increase, to the legal heir or heirs of the deceased,so soon as they shall become of age;and that males twenty one years of age shall be considered of lawful age,and females eighteen.
Be it further resolved,That the administrator or administrators shall be required, at the end of every year during their administratorship, upon oath to make returns to the said court of all the expenses and profits consequent upon the management of such property or estate, which returns shall be filed in said clerk's office.
 Be it further resolved, That when a person dies and leaves a will, the executor or executors shall be required to render in a true account, upon oath, before the Circuit court, of all the property belonging to the estate,and shall also give bond and sufficient security for the faithful performance of their duties agreeably to the will.
 Be it further resolved, That all persons now acting as executors or administrators in this Nation be required to render in a schedule of all the property &c. before the next Circuit Court of their several districts, according to the foregoing provisions, and be required to enter into bond and securities as aforesaid.

 Be it further resolved, That incase such executors or administrators fail to comply with the requirements of the provisions of this resolution,he, she, or they shall forfeit his, her, or their executorship or administratorship.
 Be it further resolved,That any person or persons, who is not a citizen of the Nation shall not be appointed under letters of administration.  And in case an executor or executrix, or administrator or administratrix shall remove out of the limits of this Nation, his or her appointment shall cease,and it shall be lawful to appoint others to act in their places agreeably to the provisions of this resolution.
 Be it further resolved, That it shall be the duty of the executors of administrators, so soon as they obtain letters agreeably to this resolution, to publish in the Cherokee Phoenix, a notification to all persons indebted to the estate to come forward and make payment, and all persons having claims against the estate to present them for payment, and after such notification, twelve months shall be allowed for any person having claims or demands against the estate to present them for adjustment, but if the above mentioned time shall expire before such claims shall be presented, the said claims shall be void and not recoverable by law.
 New Echota, Nov. 15, 1828.
 LEWIS ROSS,Pres't. Com.
 Concurred, GOING SNAKE, Speaker,
 Approved, JNO. ROSS.
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 Resolved by the Committee and Council in General Council convened, That any person or persons who shall leave their houses, farms or other improvements, and bind themselves by enrollment, or otherwise, with intent of removing our of the jurisdictional limits of this Nation,as an emigrant or emigrants to another country, such person or persons shall forfeit all right, title, claim,and interest that he, she, or they may have or be entitled to as citizens of this Nation to the houses, farms or other improvements so left.

  Be it further Resolved, That it shall be lawful for any citizen or citizens of this Nation to take, and occupy for their own use and benefit, any of the houses,farms or other improvements which may be abandoned by emigrants,as aforesaid,and such citizen or citizens first going into possession of such houses, farms, &c. shall have a preference right, any contract, bargain,or sale made by such emigrant or emigrants, to any other person or persons whatsoever, to the contrary notwithstanding.
 New Echota, 17th Nov. 1828.
 LEWIS ROSS.Pres't Com.
 Concurred, GOING SNAKE, Speaker,
 Approved, JNO. ROSS.
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 Resolved by the Committee and Council, in General Council convened, That the resolution passed 12th November, 1825, making it unlawful to attach and sell certain kind of property, therein specified, be , and the same is hereby, so amended, as to include sixty bushels of corn, which quantity shall hereafter be exempted from attachment or sale for debt.
 New Echota, Nov. 18th 1828
 LEWIS ROSS. Pres't Com.
 Concurred,GOING SNAKE, Speaker.
 Approved, JNO. ROSS.