[The Cherokee Nation vs. The State of Georgia.]

after they have been brought out of the Indian country, shall make a particular return to the superintendent, or other person, from whom he obtained his license, of every horse purchased by him, as aforesaid; describing such horses, by their colour, height, and other natural or artificial marks, under the penalty contained in their respective bonds. And every such person, purchasing a horse or horses, as aforesaid, in the Indian country, without a special license, shall, for every horse thus purchased and brought into any settlement of citizens of the United States, forfeit a sum not exceeding one hundred dollars, and be imprisoned not exceeding thirty days. And every person who shall purchase a horse, knowing him to be brought out of the Indian territory, by any person or persons not licensed as above to purchase the same, shall forfeit the value of such horse.

Sect. 11. That no agent, superintendent, or other person, authorized to grant a license to trade, or purchase horses, shall have any interest or concern in any trade with the Indians, or in the purchase or sale of any horse to, or from, any Indian, excepting for and on account of the United States: and any person offending herein shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.

Sect. 12. That no purchase, grant, lease, or other conveyance, of lands, or of any title or claim thereto, from any Indian, or nation, or tribe of Indians, within the bounds of the United States, shall be of any validity, in law or equity, unless the same be made by treaty or convention, entered into pursuant to the constitution: and it shall be a misdemeanour in any person not employed under the authority of the United States, to negotiate such treaty or convention, directly or indirectly, to treat with any such Indian nation, or tribe of Indians, for the title or purchase of any lands by them held or claimed, punishable by fine, not exceeding one thousand dollars, and imprisonment not exceeding twelve months: Provided, nevertheless, that it shall be lawful for the agent or agents of any state, who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner or commissioners of the United States appointed to hold the same, to propose to, and adjust with, the Indians, the compensation to be made for their claims to lands within such state which shall be extinguished by the treaty.

Sect. 13. That in order to promote civilization among the friendly Indian tribes, and to secure the continuance of their friendship, it shall be lawful for the president of the United States to cause them to be furnished with useful domestic animals, and implements of husbandry, and with goods or money, as he shall judge proper, and to appoint such persons, from time to time, as temporary agents, to reside among the Indians, as he shall think fit: Provided, that the whole amount of such presents, and allowance to such agents, shall not exceed fifteen thousand dollars per annum.

Sect. 14. That if any Indian or Indians, belonging to any tribe in amity with the United States, shall come over across the said boundary line, into any state or territory inhabited by citizens of the United States, and there take, steal, or destroy, any horse, horses, or other property belonging to any citizen or inhabitant of the United States, or of either of the territorial districts of the United States, or shall commit any murder, violence, or outrage, upon any such citizen or inhabitant, it shall be the duty of such citizen or inhabitant, his representative, attorney, or agent, to make application to the superintendent, or such other person as the president of the United States shall authorize for that purpose; who upon being furnished with the necessary documents and proofs, shall, under the direction or instruction of the president of the United States, make application to

[The Cherokee Nation vs. The State of Georgia.]

the nation or tribe to which such Indian or Indians shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction in a reasonable time, not exceeding twelve months, then it shall be the duty of such superintendent, or other person authorized as aforesaid, to make return of his doings to the president of the United States, and forward to him all the documents and proofs in the case, that such further steps may be taken as shall be proper to obtain satisfaction for the injury: and, in the mean time, in respect to the property so taken, stolen, or destroyed, the United States guaranty to the party injured an eventual indemnification: Provided, always, that if such injured party, his representative, attorney, or agent, shall, in any way, violate any of the provisions of this act, by seeking, or attempting to obtain, private satisfaction or revenge, by crossing over the line, on any of the Indian lands, he shall forfeit all claim upon the United States for such indemnification: And provided, also, that nothing herein contained shall prevent the legal apprehension or arresting, within the limits of any state or district, of any Indian having so offended: And provided, further, that it shall be lawful for the president of the United States to deduct such sum or sums, as shall be paid for the property taken, stolen, or destroyed, by any such Indian, out of the annual stipend which the United States are bound to pay to the tribe to which such Indian shall belong.

Sect. 15. That the superior courts in each of the said territorial districts, and the circuit courts, and other courts of the United States of similar jurisdiction in criminal causes, in each district of the United States, in which any offender against this act shall be apprehended, or, agreeably to the provisions of this act, shall be brought for trial, shall have, and are hereby invested with, full power and authority to hear and determine all crimes, offences, and misdemeanours, against this act; such courts proceeding therein in the same manner as if such crimes, offences, and misdemeanours, had been committed within the bounds of their respective districts: and in all cases where the punishment shall not be death, the county courts of quarter sessions in the said territorial districts, and the district courts of the United States, in their respective districts, shall have, and are hereby invested with, like power to hear and determine the same, any law to the contrary notwithstanding. And in all cases where the punishment shall be death, it shall be lawful for the governor of either of the territorial districts where the offender shall be apprehended, or into which he shall be brought for trial, to issue a commission of oyer and terminer to the superior judges of such district, who shall have full power and authority to hear and determine all such capital cases, in the same manner as the superior courts of such districts have in their ordinary sessions. And when the offender shall be apprehended or brought for trial into any of the United States, except Kentucky or Tennessee, it shall be lawful for the president of the United States to issue a like commission to any one or more judges of the supreme court of the United States, and the judge of the district in which such offender may have been apprehended or shall have been brought for trial; which judges, or any two of them, shall have the same jurisdiction, in such capital cases, as the circuit court of such district, and shall proceed to trial and judgment in the same manner as such circuit court might or could do. And the district courts of Kentucky, Tennessee, and Maine, shall have jurisdiction of all crimes, offences, and misdemeanours, committed against this act, and shall proceed to trial and judgment in the same manner as the circuit courts of the United States.

Sect. 16. That it shall be lawful for the military force of the United States, to apprehend every person who shall or may be found in the Indian country, over

[The Cherokee Nation vs. The State of Georgia.]

and beyond the said boundary line between the United States and the said Indian tribes, in violation of any of the provisions or regulations of this act, and him or them immediately to convey, in the nearest convenient and safe route, to the civil authority of the United States, in some one of the three next adjoining states or districts, to be proceeded against in due course of law: Provided, that no person apprehended by military force, as aforesaid, shall be detained longer than five days after the arrest, and before removal. And all officers and soldiers who may have any such person or persons in custody, shall treat them with all the humanity which the circumstances will possibly permit; and every officer and soldier who shall be guilty of maltreating any such person while in custody, shall suffer such punishment as a court martial shall direct: Provided, that the officer having custody of such person or persons shall, if required by such person or persons, conduct him or them to the nearest judge of the supreme or superior court of any state, who, if the offence is bailable, shall take proper bail, if offered, returnable to the district court next to be holden in said district; which bail the said judge is hereby authorized to take, and which shall be liable to be estreated as any other recognizance for bail in any court of the United States; and if said judge shall refuse to act, or the person or persons fail to procure satisfactory bail, then the said person or persons are to be proceeded with according to the directions of this act.

Sect. 17. That if any person who shall be charged with a violation of any of the provisions or regulations of this act, shall be found within any of the United States, or either of the territorial districts of the United States, such offender may be there apprehended and brought to trial, in the same manner as if such crime or offence had been committed within such state or district; and it shall be the duty of the military force of the United States, when called upon by the civil magistrate, or any proper officer, or other person duly authorized for that purpose, and having a lawful warrant, to aid and assist such magistrate, officer, or other person authorized, as aforesaid, in arresting such offender, and him committing to safe custody for trial according to law.

Sect. 18. That the amount of fines, and duration of imprisonment, directed by this act as a punishment for the violation of any of the provisions thereof, shall be ascertained and fixed, not exceeding the limits prescribed, in the discretion of the court before whom the trial shall be had; and that all fines and forfeitures which shall accrue under this act, shall be one half to the use of the informant, and the other half to the use of the United States: except where the prosecu. tion shall be first instituted on behalf of the United States, in which case the whole shall be to their use.

Sect. 19. That nothing in this act shall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements of the citizens of the United States, and being within the ordinary jurisdiction of any of the individual states; or the unmolested use of a road from Washington district to Mero district, or to prevent the citizens of Tennessee from keeping in repair the said road, under the direction or orders of the governor of said state, and of the navigation of the Tennessee river, as reserved and secured by treaty; nor shall this act be construed to prevent any person or persons travelling from Knoxville to Price's settlement, or to the settlement on Obed's river (so called), provided they shall travel in the trace or path which is usually travelled, and provided the Indians make no objection; but if the Indians object, the president of the United States is hereby authorized to issue a proclamation, prohibiting all travelling on said traces, or either of them, as the case may be, after which

[The Cherokee Nation vs. The State of Georgia.]

the penalties of this act shall be incurred by every person travelling or being found on said traces, or either of them, to which the prohibition may apply within the Indian boundary, without a passport.

Sect. 20. That the president of the United States, be, and he is hereby, authorized to cause to be clearly ascertained, and distinctly marked, in all such places as he shall deem necessary, and in such manner as he shall direct, any other boundary lines between the United States and any Indian tribe, which now are, or hereafter may be, established by treaty.

Sect. 21. That the president of the United States be authorized to take such measures, from time to time, as to him may appear expedient, to prevent or restrain the vending or distributing of spirituous liquors among all or any of the said Indian tribes, any thing herein contained to the contrary thereof notwithstanding.

Sect. 22. That this act shall be in force from the passage thereof; and so far as respects the proceedings under this act, it is to be understood that the act, entitled" an act to amend an act, entitled an act giving effect to the laws of the United States within the district of Tennessee,'" is not to operate.

APPENDIX, No. IV.

ACTS OF THE LEGISLATURE OF GEORGIA.

ACT OF 20 DECEMBER 1828.

An act to add the territory lying within the limits of this state, and occupied by the Cherokee Indians, to the counties of Carroll, De Kalb, Gwinett, Hall and Habersham, and to extend the laws of this state over the same, and for other purposes.

Sect. 1. Be it enacted by the senate and house of representatives of the state of Georgia, in general assembly met, and it is hereby enacted by the authority of the same; that from and after the passing of this act, all that part of the territory within the limits of this state, and which lies between the Alabama line and the old path leading from the Buzzard roost, on the Chattahoochee river, to Sally Hughes's, when the said path strikes the Alabama road; thence with said road to the boundary line of Georgia: be, and the same is hereby added to and shall become a part of the county of Carroll.

Sect. 2. And be it further enacted, that all that part of the said territory lying and being north of the last mentioned line, and south of the road running from Charles Tate's ferry, on Chattahoochee river, to Dick Roes, to where it intersects with the path aforesaid: be, and the same is hereby added and shall become a part of the county of De Kalb.

Sect. 8. And be it further enacted, that all that part of the said territory lying north of the last mentioned line, and south of the old federal road, be, and the same is hereby added and shall become a part of the county of Gwinett.

Sect. 4. And be it further enacted, that all that part of the said territory lying north of the said last mentioned line, and south of a line to begin 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.

Sect. 5. And be it further enacted, that all that part of the said territory lying north of the last mentioned line, within the limits of Georgia, be, and the same is hereby added to and shall become a part of the county of Habersham.

Sect. 6. And be it further enacted, that all the laws of this state be, and the same are hereby extended over said territory; and all white persons residing within the same shall, immediately after the passage of this act, be subject and liable to the operation of the said laws in the same manner as other citizens of the state, or the citizens of said counties respectively.