TENNESSEE.-1794. Extract from an act of the Territorial Assembly of Tennessee, entitled "An act to amend an act establishing courts of law, and for regulating proceedings therein." 1794. "SEC. 32. And be it enacted, That if any person who Tennessee, shall be summoned as a witness in any of the said courts, or before any person appointed to take depositions as aforesaid, shall refuse to give testimony on oath, such person so refusing shall, by the court, or by the commissioner before whom he shall be summoned, be committed to the common prison, there to remain, without bail or mainprize, until he shall be willing to give testimony in such manner as the law doth or may direct: Provided, The people called Quakers shall have the liberty of giving their testimony by way of solemn affirmation, in all causes whatsoever, criminal as well as civil: And provided also, That all negroes, Indians, mulattoes, and all persons of mixed blood, descended from negro and Indian ancesters, to the third generation, inclusive, (though one ancestor of each generation may have been a white person) whether bond or free, shall be taken and deemed to be incapable in law to be witnesses, in any case whatever, except against each other: And provided further, That no person of mixed blood, in any degree whatsoever, who has been liberated within twelve months previously, shall be admitted as a witness against a white person." 1807. An act making provision for the extinguishment of the Indian claim to lands within the limits of this state. Be it enacted by the General Assembly of the state of 1807. Tennessee, That the sum of twenty thousand dollars of any moneys in either of the public treasuries, not otherwise specially appropriated, shall be a fund, subject to the purpose of holding a treaty or treaties with the Cherokee nation of Indians, and for extinguishing their claim to all or any part of the lands within the limits of this state, and within the limits of the lands relinquished to this state by an act of the Congress of the United States, entitled "An act to authorize the state of Tennessee to issue grants to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same. SEC. 2. Be it enacted, That as soon as this state shall be vested by the government of the United States with power to hold and conclude a treaty or treaties with the said nation Tennessee, 1807. of Indians, for the purpose aforesaid, agreeably to a resolution of this general assembly, passed November 11th, 1807; or as soon thereafter as the Governor of this state shall deem it expedient to hold such treaty or treaties, he shall have power to draw by warrant, under his hand, on each or either of the said treasurers, for the whole, or any part of said sum, that may be necessary to defray the expenses of holding such treaty or treaties, and for the purpose of extinguishing said claim. SEC 3. Be it enacted, That upon this state being vested with said power, the governor for the time being, as soon as he shall deem it expedient, may appoint two commissioners on the part of this state, for the purpose of holding and concluding such treaty or treaties, with said nation of Indians. OHIO.-1809. An act to prevent the selling of spirituous liquors to the Indians. Be it enacted by the General Assembly of the state of Ohio,-1809. Ohio, That if any tavern-keeper, or other person or persons, shall sell or barter any spirituous or other liquids of intoxicating quality, to any Indian or Indians within this state, or convey or attempt to convey, or be instrumental in conveying any of the aforesaid liquors or liquids out of this state, with an intent to dispose of the same to any Indian or Indians, unless authorized by the proper authority, such person or persons shall forfeit and pay a fine not exceeding one hundred dollars, nor less than five dollars, to be recovered with costs of suit, by indictment, in the county where the offence was committed, to be paid into the county treasury; and the person so offending, shall moreover forfeit the article, of whatsoever nature or kind, he, she or they may have received in exchange; which shall be restored to any Indian or Indians claiming the same, on giving satisfactory proof to any justice of the peace, or Judge of any court within this state, that the articles so claimed, are actually the property of the Indian or Indians who make the claim; and all grand jurors, justices of the peace, and judges, are hereby authorized and required to be aiding and assisting, in carrying this law into effect. This act shall be in force, from and after the first day of June next. 1810. An act for the relief of certain Moravian Indians of Tuscarawas county. Whereas it has been represented to this assembly, that the Ohio,-1810. money forfeited on the recognizance of a certain Benjamin Venatton, entered into for his appearance to take his trial at the December term of the court of common pleas, held at Steubenville in the year eighteen hundred and eight, for stealing a number of horses from certain Moravian Indians, of Tuscarawas county, has been paid into the treasury of Jefferson county: Therefore, Be it enacted by the General Assembly of the state of Ohio, That the treasurer of Jefferson county is hereby authorized and required (after all the legal costs incurred by the trial of a certain Benjamin Venatton, for stealing horses in the year eighteen hundred and eight, in Jefferson county court, shall be fully satisfied) to pay over the balance of the bond recovered from Venatton's bail, to certain Moravian Indians of Goshen, in Tuscarawas county, to each of the Moravian Indian sufferers aforesaid, upon due proof to him exhibited of the loss sustained by each, in the horses stolen from them by said Venatton, in proportion to such loss. This act shall take effect and be in force, from and after the passage thereof. INDIANA.-1807. An act prohibiting the sale of ardent spirits and other intoxicating liquors to Indians. 1807. It shall and may be lawful for the Governor of this terri- Indianá, tory, and he is hereby authorized and empowered, during the sitting of any council, or holding any public treaty or conference, with any Indian nation or tribe, to prohibit, by proclamation, the sale or other disposition of any ardent spirits, or other intoxicating liquors, to any Indian or Indians, by any person or persons, for any purpose, or under any pretence whatsoever, within thirty miles of the place of holding such council, treaty, or conference. SEC. 2. If any person shall not strictly observe whatever restrictions may be imposed under the authority aforesaid, he, she or they so offending, shall, on conviction, by indictment or prosecution, be fined in a sum not exceeding five hundred dollars, nor less than fifty dollars, and in case of inability to pay the fine with costs, shall be imprisoned not more than six months, nor less than three months. Indians, 1807. 1807. SEC. 3. If any trader or other person whosoever, residing in, coming into, or passing through the said territory, or any part thereof shall presume to furnish, vend, sell or give, or shall procure to be furnished, vended, sold or given, upon any account whatever to any Indian or Indians, or nation or tribe of Indians, being within the territory, or waters adjoining to, or bounding the same, any rum, brandy, whiskey, or other intoxicating liquor, or drink, he, she or they so offending, shail, on conviction, by presentment or indictment, forfeit and pay, for every such offence, any sum not exceeding one hundred nor less than five dollars, to the use of the territory: Provided, That nothing herein contained shall be taken or construed to impair or weaken the powers and authority that now are, or at any time hereafter may be vested in the Governor, or other person as superintendent, or agent of Indian affairs, or commissioner plenipotentiary for treating with Indians. The third section of this act shall commence and be in force, when, and as soon as the Governor of this territory shall be officially notified, that the states of Kentucky and Ohio, and the territories of Louisiana, and Michigan, have passed, or shall pass laws prohibiting the sale or gifts of intoxicating liquors to Indians, within their respective states and territories: and it shall continue in force so long as the said acts made or to be made in the said states or territories, shall continue in force therein. The Governor of the territory is requested to transmit copies of the third section of this law to the Governors of the several above mentioned states and territories. An act to prevent the disposing of arms and other warlike implements, and ammunition to Indians and others. Whereas it has been represented to the General Assembly, that there is reason to expect hostilities from some of the neighboring tribes of Indians, whilst others, more contiguous, seem disposed to preserve the friendship of the United States: And whereas, The laws of the United States, do not prevent the sale of arms and ammunition to the peaceful tribes or others within the settled parts of the country, through which, those that may prove hostile, may procure the same: SEC. 1. Be it therefore enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same. That the executive of the territory for the time being, be, and he is hereby authorized and empowered by proclamation to prohibit the furnishing by sale, gift, or otherwise, all, and every species of warlike wea- Indiana, pons, and implements; ammunition or warlike stores, to any 1807. Indian or Indians, dwelling within, or without the limits or lines of the several counties in this territory, when in his opinion the public welfare and safety may require such prohibition. SEC. 2. And be it further enacted, That any person or persons, who shall directly or indirectly, by gift, present, donation, lean, sale or otherwise furnish and provide, or have furnished and provided any Indian or Indians, with any article of ammunition, such as flints, powder, lead or balls, or with any warlike implements or deadly weapons, such as. knives, spears, battle axes, tomehawks, pistols, fusils, rifles, smooth bores, or muskets, contrary to the proclamation of the executive, as aforesaid, every person or persons, so offending, shall, upon conviction by indictment or presentment, in any court of record in this territory, be fined in any sum not exceeding one thousand dollars, be whipped publicly, any number of stripes, not exceeding one hundred well laid on, and be imprisoned for a term not exceeding five years, at the discretion of the court before whom the same may be tried, and moreover, shall stand committed, after having received the stripes, until the fine and costs be paid. This act shall take effect from and after the passing thereof, and shall continue in force until the end of the next session of the General Assembly. 1810. An act regulating the trade with Indians within the part of the territory to which the Indian title has been extinguished, and for other purposes. Whereas the Governor has informed this General Assem-1810. bly, that the President of the United States, had directed him to recommend to the legislature of the territory, the passage of a law to prevent the sale of ardent spirits to the Indians: And whereas it appears probable from certain documents which have been laid before the General Assembly, by the Governor, that the negotiations between the United States and the Indian tribes are much interrupted by the interference of mischievous individuals, and that the harmony and good understanding between the United States and the said tribes are likely to be interrupted, and the peace which has so long and so happily subsisted, jeopardized by such improper and unpatriotic conduct: And whereas this General Assembly is desirous to shew its respect for the general government, and |