GEORGIA MILITIA  1835 Legislation Unlawful Entry - Indian 

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1835. 
ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. PASSED IN NOVEMBER AND DECEMBER, 1835. 
INDIANS. 

1835 Vol. 1 -- Page: 135

Sequential Number: 082 
Full Title: AN ACT to amend an act entitled An Act to
protect the frontier settlements of this State from the
intrusion of the Indians of the Creek nation, passed
the 20th of December, 1828.

Sec. 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 first day of
February next, it shall be unlawful for any Indian of
the Creek nation to come within the limits of this
State, excepting the city of Columbus; and that
whenever such Indian shall come within the limits of
this State it shall be the duty of each and every civil
and military officer in this State having knowledge or
being informed of the fact, to arrest such Indian and
lodge him in jail; there to remain until he shall be
relieved therefrom by due course of law, and on payment
of all expenses incurred; and that each and every such
Indians offending against the foregoing provisions of
this act, shall be guilty of a misdemeanor; and on
conviction thereof, according to law, shall be punished
by imprisonment at hard labour in the penitentiary for
any time not less than four months nor more than eight
months for the first offence; and the second offence
not less than one year nor longer than three years; or
imprisonment in the common jail of the county at the
discretion of the presiding judge: Provided, that this
act shall not be so construed as to prevent any Indian
or Indians of the Creek nation from coming into this
State unarmed and without any offensive wepon, bona
fide, to collect any debt or debts due or owing such
Indian or Indians by any person or persons being or
residing within this State, or to prosecute or defend
any suit or suits at law or in equity in any of the
courts in this State, in which such Indian or Indians
shall be a party or have a valuable interest; or to
give evidence against any Indian or Indians in any of
the courts in this State: Provided, such Indian or
Indians shall be accompanied by some white person of
known good character and responsibility.

Sec. 2. And be it further enacted, That any white
person or persons who shall trade or deal with, or hire
for work or labour the said Indians within the limits
of this State, he, she or they shall be indicted for a
misdemeanor, and on conviction shall be punished by a
fine not exceeding one hundred dollars for the first
offence, and for the second offence the sum of five
hundred dollars, and imprisonment in the common jail of
the county at the discretion of the court; one half of
said fine to go to the informer, and the other half for
county purposes.

Sec. 3. And be it further enacted, That the said
Indians shall be permitted to fish in the Chattahoochie
river; and that if any of the said Indians shall be
found fishing in said river it shall not be deemed a
violation of this act until otherwise provided by law;
and that any delegations of Indians from said nation on
business with the general government bona fide, shall
be permitted to pass through any of the counties
aforesaid, without being subject to arrest: Provided,
they can produce satisfactory evidence of their being
such delegation, appointed according to the common
usages of said nation.

JOSEPH DAY,

Speaker of the House of Representatives.

ROBERT M. ECHOLS,

President of the Senate.

WILLIAM SCHLEY, Governor.

Approval Date: Assented to, Dec. 24th, 1835.