Wednesday, January 09, 2008

The origin of 'gun permits'?

""Article 6th. And to prevent as far as possible any cause or pretense on either side to break and infringe on the peace so happily established between Virginia and the Cherokees, it is agreed by the commissioners aforesaid and Indian chiefs that no white man on any pretense whatsoever shall build, plant, improve, settle, hunt, or drive any stock below the said boundary, on pain of being drove off by the Indians and his property of every kind being taken from him. But all persons who are or may hereafter settle above the said line are quietly and peaceably to reside thereon without being molested, disturbed, or hindered by any Cherokee Indian or Indians, and should the stocks of those who settle near above the line range over the same into the Indian land, they are not to be claimed by any Indians, nor the owner, or any persons for him, be prevented from hunting them, provided such person do not carry a gun; otherwise the gun and stock are both forfeited to the Indians or any other person who on due proof can make it appear. Nor is any Indian to hunt or to carry a gun within the said purchase without license first obtained from two justices, nor to travel from any of the towns over the hills to any part within the said boundary without a pass from the agent. This article shall be in full force until a proper law is made to prevent encroachment on the Indian lands, and no longer.""

- MR. JUSTICE CATRON deliver[ing] the opinion of the [U.S. Supreme] Court, quoting from the Cherokee treaty of 1777. Porterfield v. Clark, 43 U.S. 76 (1844)



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