Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-19

seS the ttightower thence with said road to the Ten
nessee ne be- and the same is hereby added to,
snail become part of the county of Gwnnett.
SEC a. And be it further enacted, That all that par
OF said territory lying north the said last mentioned
line and south of line to on the Chesta
tee river at the mouth of the Yohoo creek: theme,
I up said creek to the top of the Blue Ridges thenct
to the head waters of Motley river thence down sait
/ river to the boundary line of Georgia, be- and the
same is hereby ADDED to-, ndsha,l become a mr. nj
E the county of Hall.
SEC s. And be it further enacted That all that part
OF said territory lying north of said last mentioned
ilne within the limits of this State be and the same
is hereby added to, and shall become mart of the
county of Habersham
L. SEC. o. And be 1t further enacted That all the laws
Doth civil and criminal, of this State be- and the same
are hereby extended said portions of territory
spectlveiy and all persons whatever residing within
the same, snail, after the first dey of June next be
SUBJECT and liable to the operation of said laws in the
sane manner other citizens of this state or the CT
tzens OF SAID counties respectively, and all wrts and
processes Whatever issued by the courts or officers
OF said courts, shall extend over and operate ON the
/ lively. =
SEC. 4 And be it further enacted, That after the
hrs gay OF June next all laws, ordinances, orders 81
regulations of any kind whatever made passed or
enacted by the Cherokee Indians, either in general
council or IN any her way whatever by any autho-
W Whatever OF said tribe be, and the same are here
declared to be null and void and of no effect as if
tho same had never existed; and in all cases of indct
ment or civil suits it shall not be lawful for the de-
endant 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 the
trial OF any suit whatever.
Sec. .. And be 1t 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. or
endeavor to prevent any Indian of said nation resi-
Ding within the chartered limits of this State from
enrolling as an emigrant or actually emnratinr or
sbo1l bn
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
MODEST either the person property, or to abridpe
the rights privileges of any Indian for enrollinr
his or her name asan emgrant, for emieratinr or
intending to emigrate from said nation.
Sec. g. And be 1t further enacted, that any person
or BODY OF persons offending against the provisions of
the foregoing section, shall be guilty of high INSIDE
nrcanor, subject to indictment, and on conviction.
shall be punished by confinement in the common Jail
OF any county OF this State, or by confinement hard
labor in the penentary for term not exceeding four
years, at the discretion of the court.
Sec. TO- And be 1t 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 ordnance law, custom of said nation to pre-
vent, or offer to prevent, or deter any Indian head
man, Chief warrior of said nation residnr within
the chartered limits of this State from selno or
cedng TO the United States for the use of Georgia,
the whole any part of said territory or to prevent
or OTTER 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. II. And be 1t further enacted, That any
son or body of persons offending against the i,roy-
sIons OF the foregoing section, shall be guilty of high
mlsdemeanor, subject to indictment, and on convic-
ton, shall be confined al hard labor in the pentcna
ry for not less than four, longer than six years
at the discretion of the court.
Sec. l2. And be it further enacted That it shall
nor -hCd,r 49,. T.
arbitrary force, under color of any pretended rule
ordinance, law. custom of said nation to take the
life OF any Indian residing aforesaid for enlistnr
as an enligrant, attempting to emirrate cedinp or
attempting to cede aforesaid, the whole or part of
said territory, meeting attempting to meet in
treaty In council aforesaid, any commissioner or
commissioners as aforesaid; and any person or body
ofpersonS offending against the provisions of this SER
ton, shall be guilty of murder, subject to Indictment
and on conviction, shall suffer death by hanging
| Sec. 10. And be 1t further enacted, That should
any OF the foregoing offences be committed under
color of any pretended rule ordinance custom or law
OF sad nation, all persons acting therein either as
individuals pretended executive ministerial or
Judicial officers, shall be deemed and considered as
principals, and subecto the pains and penalties here
| III before prescribed
! Sec II. And be it further enacted That for all
demands which may within the jurisdiction of a
magistrate court, suit may be brought for the
III the nearest district of the county which the ter
ritory is hereby annexed and all officers serving any
! 10 VI .s'nJ PcisVi nFiDS oh any poItion oI
the territory herein named shall be entitled to re-
A ceve the sum of five cents mile for every mile he
may ride to serve the after crossing the present
limits of said counties IN addition tohe fees already
allowed by aw and in any of said officers should
be resisted In the execution of any legal process issued
4 by any court magistrate, justice of the inferior
court or Judge of the superior court of any of said
counties, he is hereby authorised to call ont sufi-
cient number ofthe militia said counties TO aid and
protect him in the execution Of his duty.
Sec. Is. And be it further enacted, That no Indian
or descendant of any indian, residing within the
Creek or Cherokee nation Of Indians, shall be deemed
a competent witness in any court Of this State, to
which white person may be party, except such
person resides within the said nation
WARREN JOURDAN,
! Speaker Of the House of Representatives.
! THOMAS STOCKS,
! President of the Senate.
). , Assented to, Dec. %, 1929.
GEORGE r. GfLNIER, Governor.