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Cherokee Phoenix
Vol. 1 No. 45
Wednesday January 21, 1829
Pg. 1 Col. 1b

CHEROKEE LAWS.

 Resolved by the National Committee and Council, in General Council convened, That the Judges of the several courts in the nation shall   have power to adopt such rules and regulations as shall be necessary to preserve good order in their courts, and to punish those who shall be guilty of disorderly behavior in contempt of the court, by imposing such fines as in their opinion shall be deemed justifiable, provided, that the same shall not exceed ten Dollars foe each offence.

 Be it further Resolved, That no evidence which has not been give  in before the circuit courts shall be admissible before the Supreme court, excepting in such cases as shall appear to the full satisfaction  of the Supreme Judges, that it was impossible for the evidence to have been obtained and produced before circuit court, in that case such evidence shall be admitted.

 New Echota, Nov. 8th 1828.
   LEWIS ROSS, Pres't Com.
 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 it shall be lawful, whenever any person may have a claim, or debt, against another, and is apprehensive that he is about to abscond, or dispose of his property, so as to be beyond the reach of the law, to make oath to that effect, before any of the Judges or clerks of the respective districts, and it shall be the duty of the Judge or clerks of the respective districts, and it shall be the duty of the Judge or Clerk to issue forthwith an attachment, to be placed in the hands of any lawful officer, whose duty it shall be to attach as much of the property of the debtors as will satisfy the demand, if to be found, and to take the same into is safe keeping, until there shall be a decision made on the case agreeably to law, unless the said debtor shall secure to the creditor the debt by giving bond with sufficient security.
 New Echota, Nov. 8th 1828.
   LEWIS ROSS,Pres't Com.
 Concur'd GOING SNAKE, Sp'k'r Comm.
     Approved, JNO. ROSS

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 Resolved by the Committee and Council, in General Council convened, That  so much of the law passed 20th October 1820, providing for the appointment of "One circuit Judge to have jurisdiction over two Districts, to associate with the District Judges, &c. be and the same is hereby repealed.
 Sec. 2  Be it further Resolved,That so much of the law passed providing 'that the Cherokee Nation be organized and laid off in Districts," as fixes the time that each shall hold their respective councils, or courts, be and the same is hereby also repealed.
 Sec. 3.Be it further Resolved,  That the Cherokee Nation shall be laid off into circuit Districts.  The first circuit shall be composed of Coosoowatee, Hightower, Hickory Log, and Tahquohee Districts; the second circuit shall be composed of Aquohee, Ahmohee, Chickamauga and Chattooga Districts, and the time of holding the courts in each Districts shall be as follows, viz;
FIRST CIRCUIT SPRING TERM.
 1st Monday in May, at Coosoowatee.
 2nd Monday in May , at Hightower.
 3d. Monday in May, at Hickory-Log.
 And the Monday thereafter, at Tahquehee.

SECOND CIRCUIT SPRING TERM

 1st Monday in May, at Aquohee.
 2d. Monday in May, at Ahmohee.
 3d. Monday in May at Chickamauga.
 The Monday thereafter, at Chattooga

FIRST MONDAY CIRCUIT FALL TERM.
 1st. Monday in September at Coosoowatee
 2d Monday in September at Hightower
 3d Monday in September at Hickory log.
 The Monday thereafter, at Tahquohee.

SECOND CIRCUIT FALL TERM.

 1st Monday in September, at Aquohee.
 2d. Monday in September at Ahmohee.
 3d. Monday in September, at Chickamauga.
 The Monday thereafter at Chattooga.

 Sec. 4 Be it further Resolved, That there shall be two circuit Judges for the Cherokee Nation, who shall be elected by a joint vote of both houses of the General Council, and who shall be to try and decide upon all cases, both civil and criminal,that may come before them agreeably to the laws of the Cherokee Nation; and it shall be their duty during the recess of "____ courts to call a court, to try all criminals _____ that may be arrested for mu______   court shall be held at the ____-house of the district in which the crime shall have been committed, and it shall be the duty of the sheriff of the district in which the crime may be committed to notify the circuit Judge of their respective circuits, immediately after the person or persons shall be arrested; and it shall be the duty of the Judge to have a court called without delay, for the trial of said criminal, or criminals.

 Sec. 5. Be it further Resolved,That it shall be the duty of the clerks of the several circuit courts to take down, in writing, the evidences in all cases brought before, and decided on by the circuit courts, and when an appeal is taken to the Supreme Court, those evidences, together with the Bills of declaration, shall be sealed up, and transmitted through the sheriffs to the clerk of the Supreme court, and each document shall be marked and transcribed on the outside, stating the case to which it related, and it shall be the duty of the clerk of the Supreme Court to preserve those documents with great cars, and to lay them before the Judges of Supreme Court at their next session and they shall not be opened until the court shall be read to take up the case to which they relate.

 Sec. 7. Be it further Resolved,That it shall be the duty of the sheriffs to receive fro the clerks of the circuit courts of their respective Districts, all documents of appealed cases,and to deliver the same to the clerk of the Supreme court.

 Sec. 8 Be it further Resolved, That the circuit court shall sit five days at each term, provided there shall be any business to occupy their attention that length of time and that the circuit Judges shall have the power to grant a new trial in cases where a decision in their courts shall be made contrary to law and evidence.

 Sec. 9. Be it further Resolved,That the circuit Judges shall, and they are hereby,required to exchange circuits once in two years.

 Be it further Resolved That the salary of each circuit Judge shall be one hundred and forth dollars per annum,and that the clerk of the circuit court shall each be allowed ten dollars extra pay for services during the recess of the courts.'

 Sec. 10.Be it further Resolved, That the manner of proceeding in the circuit courts shall be by summons or warrants under the hand of the Judge or clerk, in the same manner as is provided for in the Resolution regulating the District courts.

 New Echota, Nov. 8th 1828
   LEWIS ROSS, Pre'st. Com.
 Concurred, GOING SNAKE, Speaker.
 Approved, JNO. ROSS

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 Resolved by the Committee and Council, in General Council convened, That if any person or persons shall commit the crime of wilful murder, such person or persons on being thereof convicted shall suffer death.
 Sec. 2. Be it further Resolved That a respite of five days shall be allowed to the criminal after sentence of death shall be passed, before he shall be executed, during the respite, the sheriff shall be bound to keep a safe guard over the criminal; and should any person or persons make an attempt to rescue him, he or they shall be fined each, two hundred dollars, and receive one hundred lashes on the bare back; and should the officer of any of the guard kill any person making an attempt to rescue the criminal he shall not be held accountable for the same.

 Sec. 3. Be it further Resolved, That if any person or persons shall kill another in self defence, or by accident, without any previous intent to do the same, he , she, or they shall be exempted from any punishment whatever.

 Sec. 4. Be it further Resolved, That any person, who assaults another, with intent to commit murder, rape, or robbery, shall, on conviction thereof, be fined in such a sum as shall be assessed against him, or her, by the verdict of a jury, not exceeding fifty dollars, and be subject to such corporal punishment, as the jury may inflict, not exceeding fifty stripes on the bare back.

 New Echota, Nov. 10th 1828.
    LEWIS ROSS,Pres't Com.
 Concur'd GOING SNAKE, Speaker.
 Approved- JNO. ROSS.