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pointment; and the certificate of the oath is to be filed in the office of the secretary of state of New Hampshire within six months after the time of taking the same.
Ch. 3.-Appointment of Town Clerk. In case of the vacancy of the office of town clerk, by death, resignation, removal out of the town, or otherwise, the selectmen are authorized to appoint one to fill his place.
Ch. 4.-Conveyances by the State by officers or agents authorized to make the same, are required to be recorded in the office of the secretary, and are declared to be void if not so recorded.
Ch. 7.-Road Commissioners. The act passed in 1824 appointing road commissioners, is repealed, and the jurisdiction of the laying out, straightening, and widening roads, revested in the common pleas.
Ch. 13.-Duties of Clerks of Corporations. Clerks of corporations are required to furnish any stockholder or creditor, on being so requested, and a fee being tendered, a copy of any vote. or resolve of the corporation; clerks of banks are excepted.
Ch. 18.—Salaries, &c. The salary of the governor is $1,200 ; of the secretary of state, $800; treasurer, $600; members of the council, $2 per diem, during the session of the general court, and $250 at other times, and ten cents a mile travel; president of the senate and speaker of the house, $2 50 per diem; members of the senate and house, $2 per diem; clerks of the senate and house, $250 per diem; and one day extra allowed to make up the rolls; the travel in each case to be ten cents per mile.
Ch. 20.—Taxes. The sum of forty-five thousand dollars is to be raised by a general assessment.
Ch. 41.-The tax on polls of persons from 18 to 70 years of age (except those from 18 to 21 enrolled in the militia, paupers, and idiots,) $1 10; stud horses, $10; other horses, five years old, 50 cents; four years old, 35 cents; three years old, 20 cents; two years old, 10 cents; jacks, three years old, kept for the use of mares, $5; jills, three years old, 50 cents; two years, 30 cents; mules, five years old, 50 cents; four years, 35 cents; three years, 20 cents; two years, 10 cents; oxen, five years, 30 cents; four, 20 cents; cows, four years old, 15 cents; neat stock, three years old, 8 cents a head; two years, 5 cents; sheep, one year old, 1 cent; orchard land that will, one year with another, yield ten barrels of cider or perry, 20 cents; arable land sufficient to produce twentyfive bushels of corn, 20 cents; mowing land sufficient to produce a ton of English hay, or other hay equivalent, 20 cents; pasture land enough to keep one cow, 20 cents; mills, carding machines,
wharves, ferries, and toll-bridges, to be estimated at one twelfth part of their net yearly income, after deducting repairs; other lands at one half of one per cent. of their value; stock, or property of tanners, curriers, blacksmiths, or other tradesmen, employed in the business of their trades, and all stock in trade of merchants, shopkeepers, reckoning the same at the average value thereof for a year, one half of one per cent. ; bank shares at one half of one per cent. of their value; money at interest over what the party pays interest for, three quarters of one per cent; property in the public funds at the same rate; chaises, sulkeys, coaches, and other fourwheel carriages of pleasure or for the conveyance of persons, at one half of one per cent. of their value.
Ch. 55.-Copyright of the Revised Laws. It is enacted that Isaac Long, Jr. and his legal representatives, shall have the sole and exclusive right of publishing the laws of the state as lately revised, for the term of ten years. s. 2. The penalty for infringing this right by publishing, $500; and s. 3, the penalty for selling or offering for sale other copies than those published by Long, is from 20 to $100, to be recovered to the use of the state on indictment; and the party is also liable in damages to the holder of the copyright. But his right is secured to him on condition that he supplies the market at the price of $3 50 per volume, no description of the paper, type, or mechanical execution, being however given. New Edition of the Statutes. The state takes 600 copies of the new edition of the statutes. In the law giving Mr. Long a copyright, this edition is called the revised laws;' but the resolve providing for the distribution of the copies taken by the state, says that the work is a new edition, arranged and published under the superintendence of commissioners, or, as they are described in the resolve, a committee,' appointed by the governor.
Deaf and Dumb. Fifteen hundred dollars is appropriated for the education of indigent deaf and dumb children belonging to the state, at the Hartford Asylum.
Imprisonment for Debt. The governor is authorized, by a resolve, to appoint three commissioners, to take into consideration the subject of the existing laws in relation to imprisonment for debt, and the subject of the law, in relation to insolvent debtors, and report at a subsequent session what measures they deem it expedient for the legislature to take.
Among the other acts passed, were, 1 for the suppression of lotteries; 1 to charter a bank; 4 fire companies; 1, an Athenæum ; 1, an Academy; 1, a savings' bank; 1, a religious society; 1, a theological institution; 2, libraries; 2, aqueduct companies;
lumbering companies; 1, a company for improving lands; 1, a manufacturing company; 2 acts were passed concerning the militia; 1, for the distribution of infantry tactics; 2, directing the times and places for holding courts; 3, respecting towns; 1, relating to the literary fund; 5, for the relief of persons; 1, relating to firewards; and 1, changing the names of persons.
SHORT REVIEWS AND NOTICES.
The Case of the Cherokee Nation against the State of Georgia; argued and determined at the Supreme Court of the United States, January Term, 1831. With an Appendix, containing the Opinion of Chancellor Kent on the Case; the Treaties between the United States and the Cherokee Indians; the Act of Congress of 1802, entitled,' An Act to regulate intercourse with the Indian Tribes, &c.'; and the Laws of Georgia, relative to the country occupied by the Cherokee Indians, within the boundary of the State. By RICHARD PETERS, Counsellor at Law. Philadelphia. John Grigg. 1831. pp. 286.
We are glad that Mr. Peters has published this interesting case separately from the rest of his reports. It is in many respects one of the most important cases which has ever been brought before the Supreme Court. The parties were a nation, not a member of the Union, on one side, and one of the great States of our confederacy on the other. The question presented to the court was, whether it could interfere to protect the persons, property, and even the national existence of the plaintiffs, against the acts of the defendants which threatened them with destruction. A deep feeling in favor of the Cherokees had been exhibited throughout the greater part of the country; and the conviction was general, that the character of our own nation was seriously implicated, if not in the decision of the case before the court, yet in the result of the controversy between these Indians and Georgia.
Mr. Peters, justly estimating the strong desire which would be generally felt for a full account of this case, has given the arguments of the counsel and other subsidiary matter, at unusual length. The following are the contents of the volume.
'The Bill filed on behalf of The Cherokee Nation v. The State of Georgia; The Supplemental Bill; Argument of Mr. Sergeant; Argument of Mr. Wirt; The Opinion of the Court, delivered by
Chief Justice Marshall; The Opinion of Mr. Justice Johnson; The Opinion of Mr. Justice Baldwin; The Dissenting Opinion of Mr. Justice Thompson, concurred in by Mr. Justice Story; Appendix, No. I. Containing the Opinion of Chancellor Kent; Appendix, No. II. Containing the Treaties between the United States of America and the Cherokee Nation; Appendix, No. III. Containing the Act of Congress passed 1802, entitled, " An Act regulating Intercourse with the Indian Tribes, &c.;" Appendix, No. IV. Containing the Acts passed by the Legislature of Georgia, relative to the country occupied by the Cherokee Indians, within the boundaries of the State of Georgia.'
We shall give only a very succinct outline of the case.
The action was a bill in chancery, brought by the Cherokee nation of Indians against the State of Georgia, praying for an injunction to restrain that State, and its governor, attorney-general, judges, sheriffs, &c., and all other officers, from executing and enforcing the laws of Georgia, or serving process in the Cherokee territory.
The bill set forth that the Cherokees were a foreign state, sovereign and independent from time immemorial; that they have occupied the soil on which they now reside from time immemorial. It then sets out the charter of Georgia; shows that the title of the English by first discovery could not affect the rights of the Cherokees; refers to the treaties of the Cherokees with the English and with the United States; and argues from the general character, as well as of from particular parts cited, of the treaties with the United States, that they have always been recognised by Great Britain and the United States as a sovereign and independent state. The bill proceeds to state that treaties under the constitution are a part of the supreme law of the land, refers to the passage of the constitution which prohibits any state from passing any law impairing the obligation of contracts, declares that treaties are contracts; and refers to the constitution as giving Congress an exclusive power to regulate commerce with the Indian tribes, and to the laws for regulating intercourse with the Indians. The bill complains that the State of Georgia, in violation of the treaties, and of the constitution, and of the law of 1802, had passed certain acts, copies of which were exhibited with the bill, to make their territory a part of the State of Georgia, and to extend the jurisdiction of the State over it. The severe provisions of some of these laws are recited. The complainants aver that the laws of Georgia are void as repugnant to the constitution, treaties, and laws of the United States. The bill then gives a sketch of the history of the
compact made between the United States and Georgia in 1802, and of the ineffectual attempts which had been made to purchase the Cherokee territory, and complains that Georgia intends to drive the Cherokees from their lands by the moral force of her laws, and that the president had refused to protect them. The law which provided for an exchange of lands west of the Mississippi for Indian lands on this side of the river is next referred to, and the bill specifies the reasons (and they seem to us conclusive ones) why the Cherokees are unwilling to exchange their lands. After this the bill states at length some of the aggressions on the persons and property of the Cherokees which have been committed under the laws of Georgia, and alleges that the complainants are irremediable at common law; that by the constitution original jurisdiction is conferred upon the supreme court in controversies between a state and a foreign state; that treaties are the supreme law of the land, &c. The bill concludes by praying that the State of Georgia, her governor, attorney-general, &c., may be enjoined and prohibited from executing the laws of that State within the boundary of the Cherokee territory, or interfering in any manner with the rights of self-government possessed by the Cherokee nation; that the two laws of Georgia, of 1828 and 1829 may be decreed to be unconstitutional and void, and that the State, and all her officers, agents, and servants, may be forever enjoined from interfering with the lands, mines, and other property, real and personal, of the Cherokee nation, or with the persons of the Cherokee people, on account of any thing done in the Cherokee territory; and that the claims of Georgia to the possession, government, or control of the lands, mines, and other property of the Cherokee nation, may be declared to be unfounded and void.
A supplemental bill set forth several new laws of Georgia, passed in December, 1830, and several fresh outrages committed under the authority of the state.
Notice was given to the State of Georgia that a motion for an injunction against the state would be made before the Supreme Court of the United States, on March 5, 1831, on the grounds stated in the bill.
The State of Georgia did not appear, and Mr. Wirt and Mr. Sergeant argued in favor of the motion for an injunction. The report of Mr. Sergeant's speech in the volume before us is a mere outline, that of Mr. Wirt is given more fully, and exhibits a complete mastery of the case, extensive research, logical reasoning, and earnest eloquence. We shall not attempt even an analysis of these able arguments. The points, however, which were made in the case, may be very briefly stated.