Cherokee phoenix. [volume], May 14, 1828, Image 1

About Cherokee phoenix. [volume] (New Echota [Ga.]) 1828-1829

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VOL. I.
EDITED BY ELIAS BOUDINOTT
PRINTED WEEKLY 13Y
ISAAC If. HARRIS,
FOR THE CHEROKEE NATION.
At $2 50 if paid in advance, $3 in six
months, or S3 50 if paid tit the end of the
year.
To subscribers who can rea l only the
Cherokee language the price will be $2,00
in advance, or $2,50 to be paid within the
year.
Every subscription will be considered as
continued unless subscribers give notice to
the contrary before the commencement of a
new year.
Any person procuring six subscribers,
and becoming responsible for the payment,
shall receive a seventh gratis.
Advertisements will be inserted at seven
ty-five cents per square for the first inser
tion, and thirty-seven and a half cents for
(■.nn.tijHwnce-, .'or ger ones in propor
tion.
!QP" All letters addressed to the Editor,
post paid, will receive due attention.
AGENTS FOR THE CHEROKEE
PHOENIX.
The following persons are authorized to
receive subscriptions and payments for the
■Cherokee Phoenix.
Henry Hill, Esq. Treasurer of the A.
B. C. F. M. Boston, Mass.
George M. Tract, Agent of the A. B.
... C. F. l M. New York.
>Kev. A. D. Eddy, Cartandaigua, N. Y.
Potobil) &• CpNVKESEj .Richmond, Va. "
Rev. ;James Campbell, Beiufort, S. C.
Co 1 . Gsorge Smith, Statesville, W. T.
Rev. Bennet Roberts—Powal Me.
Mr. Tuos. R. Gold, an itinerant Gen*
tTeman.
CHEROKEE LAWS.
[continued.]
New Town Nov. 8, 1825.
Resolved by the National Committee
and Council, That the law authoriz
ing the appointment of light horse com
panies, passed at Browffs Town, on
the 11th day of September, 1808, be,
and the same is hereby repealed, and
that in lieu of light horse companies,
a marshal, sheriff, deputy sheriff and
two constables, shall be chosen & ap-
J)ointed for each district, in the fol
owing manner; to wit:
The marshals to be elected by the
y Com. and the principal sher
iffs to be elected by the people in their
respective districts; and the two con
stables by the people within their
particular bounds, for the term of
i two years. The marshals and sher
iffs shall enter into bond and give two
or mcrre good and sufficient securities,
in a penal sum of not less than one thou
sand dollars. The sheriffs to appoint
L their own deputies, and for whose con
duct they shall also be held rcsponsi
k ble and bound. .The constables shall
«nter into bond and give two good se
» curities in the penal sum of two hun
dred dollars. The duties of the mar
shals and sheriffs shall be to make
collections of all just debts, such as
notes of hand, liquidated accounts and
judgements, & to arrest horse thieves
and other rogues and murderers for
k trial, according to law.
The duties of the constables shall
be the same as that of the marshals
und sheriffs, but they shall be confined
within their respective bounds in ex
ercising their official duties; and each
of the above named officers are here
by authorized, when in pursuit of crim
inals, to summons as many men as may
be necessary to arrest such criminals,
and any person or persons refusing to
obey, without any reasonable excuse,
4 such summons, he or they shall forfeit
and pay a fine of twenty-five dollars
J for every such offence; to be recover-
A able in the same way and manner as
all o*her dobts, and the fines so col
lated, shall be paid-into the national
CHEROKEE
treasury. The person or persons o
beying such summons, upon present
ing the officer's certificate before the
national treasury, for the service so
performed, shall be entitled to receive
one dollar per day for the time so en
gaged from actual necessity. The
constables, when executing their du
ties in arresting & conducting criminals
to the place of trial, shall also be en
titled to one dollar per day for the
time actually engaged, Each mar
shal shall be entitled to receive for
ty dollars, and each principal sheriff
shall be entitled to receive thirty dol
lars per annum, for their services from
the public funds, in addition to their
fees of eight per cent, for collections.
The deputy sheriffs and constables
shall also be entitled to receive eight
per cent, for collections.
By order,
JN'O. ROSS, Pres't N. Com.
MAJOR RIDGE, Speaker,
his
Approved-PATH * KILLER,
mark.
A. M'COY, Clerk of N. Com.
E. BOUDINOTT, Clerk N. Council.
New Town, JSov. 9, 1825,
Resolved by the National Committee
and Council, That all written wills,
bearing the signature of the testator
and signed by one or two respectable
witnesses, and the same appearing to
the satisfaction of the court of the dis
trict wherein the testator lived or
where most of his estate may be situat
ed, that it is the last will & testiment of
the deceased, such will and testament,
shall be valid and binding to all intents
and purposes.
Be it further resolved, Thlit nothing
shall be construed in th ( e foregoing, so
as totim >air or destroy the validity of
any will having. no witnesses, which
may be found among the valuable pa
pers of the deceased, bearing his or
her signature, which will and signa
ture, shall be satisfactorily proved to
be'the hand writing of the deceased.
Be it further resolved, That nuncu
pative wills, where witnesses are call
ed, and the testator, in the presence
of two or three respectable persons,
at his or her last sickness, make known
his or her will, and one of the witness
es being a disinterested person, such
nuncupative wills being committed to
writing in ten days after the testators
decease, and the same appearing to
the satisfaction of the district court to
be agreeable to the testators last will
and testament, such wills shall also
be valid and bindin*.
Be it further resolved, That where
a person possessing property and dies
intestate, and having a wife and chil
dren, the property of the deceased
shall be equally divided among his law
ful and acknowledged children, allow
ing the widow a share with the chil
dren, after all just debts of the de
ceased shall have been paid by those
obtaining letters of administration, a
greeably to law, a:id in case the de
ceased leave a wife without children,
then, in that case, the widow shall be
entitled to receive one fourth of the
estate, after said estate shall have
been freed from incumbrance of all
just and law r ul demands, and the resi
due of the festate to go to his nearest
kin; and in case a woman claiming and
having exclusive right to property
dies and leaves a husband and chil
dren, her property shall revert to her
children and husband, in the same
manner as above stated and provided
for.
By order of the National Com.
JNO ROSS, Pres't N. Com.
MAJOR RIDGE, Speaker,
his
PATH X KILLER,
mark.
CHARLES R. HICKS,
A. M'COY, Clerk N. Com.
E. BOUDINOTT, Ok. N. Council.
New Town, Nov. 10, 1825
Revolved by the- National Commit!i
and Council, That any person or pe
sons, whatsoever, who shall lay vi
lent hands upon any fenjple, by fore
!»ly attemotins; to ravish her chasti*
contrary to her consent, abusing her
NEW ECHOTA, WEDNESDAY MAY 14, 1828.
person, and committing a rape upon
such female, he or they, so o lending,
upon conviction before any of the dis
trict or circuit judges, for the first of
fence, shall be punished with fifty
lashes upon the bare back left
ear cropped off close to the lierS; for
the second offence, one hunurofl lash
es and the other ear cut off; for the
third offence, death.
Be it further resolved, That any wo
man or women, making evidence a
gainst any man, "and falsely accusing
him of having laid violent hands upon
any woman, with intent of committing
a rape upon her person, and sufficient
proof having been adduced in any if the
district or circuit judges, to refute the
testimony of such women
she or they so offending?'snolll>e pun
ished with twenty-five stripes upon her
or their bare back, to be inflicted by
any of the marshals, sheriffs or consta
bles. By order,
Approved-PATH X KILLER,
mark.
CHARLES R. HICKS.
A. M'COY, Clerk Com.
E. BOUDINOTT, Cik. N. Coun.
Whereas, it has been represented to
the general council, that much in
jury is sustained by the inhabitants
living on the boundary lines, from
citizens of the United States, feed
ing and keeping their stock of prop
erty on Cherokee lands whereby
horses, cattle hogs &c. belonging
to the citizens of this nation, are ex
posed to be taken off" b such per
sons, tresoassino;
Resolved b'y the
and Council, That the c'ircju/ juugts
are hereby authorised and directed, to
appoint an assistant ranger in their re
spective districts which border on
thejboundary linesVfthe United Stales,
whose residence shall be nearest to
said boundary line, and whose duty it
shall be, solely to pay strict attention
to such trespasses herein complained
of,& to forwarn the frontier inhabitants
of the United States in the adjoining
counties, against placing, Jceepiug and
feeding their horses',* cattle, hogs
sheep or goats on Cherokee lands;
and to take up, post, and dispose of,
all such property which may be found
within their respective bounds, agree
ably to the laws respecting estrays,
andsany citizen or citizens of the Uni
ted States reclaiming and proving a
way any such property, and be unable
to produce satisfactory proof, that he,
she or they, did not wilrKHy place
such property on Cherokfee lands, to
feed and graze thereon, the assistant
ranger, in that case, is hereby author
ised and required, to exact a line of
two dollars for every horse, gelding
or mare, and one dollar for every
head of black cattle, and twenty-five
cents for every head of swine, sheep
or goats, so proven away. Such tines
shall be in addition to the fees al
lowed by law to the rangers for their
posting, keeping and selling estrays;
but in case sufficient proof can be ad
duced to shew that such prcfcierty Wat,
not wilfully placed on Cherokee lands
to feed or graze thereon, and that such
nroperty had merely strayed thereon
unknown to the owneror owners; then
in tljat case, the fine herein imposed,
shall not be exacted; excepting the
necessary expenses and fees allowed
by law in such cases.
Be it further resolved, That the as
sistant ranger is hereby required to
observe and pay strict attention to
the rules and regulations requir
ed of rangers by law, and who shall al
o be entitled to the same fees of eight
ar cent. 011 the amount collected for
he fines herein imposed, the icmain
vr for the benefit of the national trea
ty.
By order of the National Committee,
JNO. ROSS, Pres't N. Com.
MAJOR RJDOE, Speaker. -
P TH X KILLER.
\. M'COT, Ort-. N. Cctti.
ELIJAH HICKS, Clerk JN, Council,.
JOHN ROSS, Prest N. Com.
MAJOR RIDGE, Speaker.
his
J\'ew Town, Nov, 10, 1825.
HO. 12.
DF/iy,
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