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become part of, the County of Gwinnett.
Section 4. And be it further enacted that all that part of the
said territory lying north of said last mentioned line and south
[p*526] of a line to commence on the Chestatee River, at the
mouth of Yoholo Creek; thence up said creek to the top of the Blue
ridge; thence to the head waters of Notley River; thence down said
river to the boundary line of Georgia, be, and the same is hereby
added to, and shall become a part of, the County of Hall.
Section 5. And be it further enacted that all that part of
said territory lying north of said last mentioned line, within the
limits of this State, be, and the same is hereby added to, and
shall become a part of, the County of Habersham.
Section 6. And be it further enacted, that all the laws, both
civil and criminal, of this State, be, and the same are hereby,
extended over said portions of territory, respectively; and all per-
sons whatever, residing within the same, shall, after the 1st day
of June next, be subject and liable to the operation of said laws
in the same manner as other citizens of this State, or the citizens
of said counties, respectively, and all writs and processes what-
ever, issued by the courts or officers of said courts, shall extend
over, and operate on, the portions of territory hereby added to
the same, respectively.
Primary Documents
114
Section 7. And be it further enacted that, after the 1st day
of June next, all laws, ordinances, orders and regulations, of any
kind whatever, made, passed or enacted, by the Cherokee Indi-
ans, either in general council or in any other way whatever, or
by any authority whatever of said tribe, be, and the same are
hereby declared to be, null and void, and of no effect, as if the
same had never existed, and, in all cases of indictment or civil
suits, it shall not be lawful for the defendant 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 on
the trial of any suit whatever.
Section 8. And be it further enacted that it shall not be law-
ful 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 endeavour to prevent, any Indian of said Nation residing
within the chartered limits of this State, from enrolling as an emi-
grant, or actually emigrating or removing from said nation; nor
shall it be lawful for any person or body of persons, by arbitrary
power or by virtue of any pretended rule, ordinance, law or cus-
tom of said nation, to punish, in any manner, or to molest either
the person or property, or to abridge the rights or privileges of
any Indian, for enrolling his or her name as an emigrant, or for
emigrating or intending to emigrate, from said nation.
Section 9. And be it further enacted that any person or
body of persons offending against the provisions of the foregoing
section shall be guilty of a high misdemeanour, subject to indict-
ment, and on conviction shall be punished by confinement in
the common jail of any county of this State, or by confinement
at hard labour in the penitentiary, for a term not exceeding four
years, at the discretion of the court.
Section 10. And be it further enacted that it shall not be
lawful for any person or body of persons, by arbitrary power, or
under colour of any pretended rule, ordinance, law or custom of
said nation, to prevent or offer to prevent, or deter any Indian
headman, chief or warrior of said nation, residing within the
chartered limits of this State, from selling or ceding to the
United States, for the use of Georgia, the whole or any part of
said territory, or to prevent or offer 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.
Section 11. And be it further enacted, that any person or
body of persons offending against the provisions of the foregoing
sections, shall be guilty of a high misdemeanour, subject to
indictment, and on conviction shall be confined at hard labour
in the penitentiary for not less than four nor longer than six
years, at the discretion of the court.
Primary Documents
115
Section 12. And be it further enacted, that it shall not be
lawful for any person or body of persons, by arbitrary force, or
under colour of any pretended rules, ordinances, law or custom
of said nation, to take the life of any Indian residing as aforesaid,
for enlisting as an emigrant, attempting to emigrate, ceding, or
attempting to cede, as aforesaid, the whole or any part of the said
territory, or meeting or attempting to meet, in treaty or in council,
as aforesaid, any commissioner or commissioners aforesaid; and
any person or body of persons offending against the provisions of
this section shall be guilty of murder, subject to indictment, and,
on conviction, shall suffer death by hanging.
Section 13. And be it further enacted that, should any of
the foregoing offences be committed under colour of any pre-
tended rules, ordinances, custom or law of said nation, all per-
sons acting therein, either as individuals or as pretended
executive, ministerial or judicial officers, shall be deemed and
considered as principals, and subject to the pains and penalties
herein before described.
Section 14. And be it further enacted that for all demands
which may come within the jurisdiction of a magistrate s court,
suit may be brought for the same in the nearest district of the
county to which the territory is hereby annexed, and all officers
serving any legal process on any person living on any portion of
the territory herein named shall be entitled to recover the sum of
five cents for every mile he may ride to serve the same, after
crossing the present limits of the said counties, in addition to the
fees already allowed by law; and in case any of the said officers
should be resisted in the execution of any legal process issued by
any court or magistrate, justice of the inferior court, or judge of
the superior court of any of said counties, he is hereby authorised
to call out a sufficient number of the militia of said counties to
aid and protect him in the execution of this duty.
Section 15. And be it further enacted that no Indian or de-
scendant of any Indian residing within the Creek or Cherokee
Nations of Indians shall be deemed a competent witness in any
court of this State to which a white person may be a party,
except such white person resides within the said nation.
In September 1831, the grand jurors for the county of
Gwinnett in the State of Georgia, presented to the superior court
of the county the following indictment:
Georgia, Gwinnett county: The grand jurors, sworn, chosen
and selected for the county of Gwinnett, in the name and behalf
of the citizens of Georgia, charge and accuse Elizur Butler, Samuel
A. Worcester, James Trott, Samuel Mays, Surry Eaton, Austin [ Pobierz całość w formacie PDF ]