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INTERESTING LAW CASE The Athens
| (Tennessee) Journal has the following
notice of an interesting case which was
recently decided at that place by Judge
Keith:


A Cherokee Indian, confined by Gen.
Scott for improper conduct, was brought
before tho Judge on writ of Habeas
Corpus, with ayiew of procuring~his dis
charge. The case was argued at full
length, and with considerable abllity-on
the part of the prisoner, by Judge Roane
/ of North Carolina, and j. T. GiilesPy,
Esq. of Madsonvile, Tenn.,-in defence
| of the application by Gen Scott, who ap
pcared In person, and made his own de-
fence, assisted, however hy Maj Jarna-
gin, who was employed, we suppose, by
the cherokee authorities, 10 attend to any
general question, which might arise in
the course of the Investigations, inyoly-
ing the interests Of the Cherokees On
the subject of emigration.


For he prisoner ii was contended, first;
That he was citizen OF North Carolina
because his ancestors had previously ta'
ken a reservation in that State under the
treaties of 1917 and 1919, and lastly,
that he had been permitted by General
Smith, Superintendent Of Emigration,
with the appreciation OF the Commssio ner
of Indian affairs, TO remain IN the coun-
try. On the other side it was contended
that the prisoner was not a citizen and
that the'permission to remain was void,
being in violation of the treaty Of 1856,
and not given by the authority of the
President of the United States. General
Scott. moreover. claimed the right, and
did, in the body of his return to the writ
of habeas corpus, revoke the permission
: 1giqen TO the prisoner to remain IN the


country.


Judge Keith determined, in substance
: that the prisoner was no citizen-that, b,
the terms of the treaty of 1855, tht
Cherokees were bound TO leave the coun
try ceded, and the time agreed upon il
. which they bound themselves to remove


have expired, the Government Of the Uni
; ned States not only had authority, bu
were bound TO remove the Indians iron
=. the ceded territory; and that the Judicia


officers Of the State possessed no author
). ity to discharge from the custody of tn
u officers charged with the removal OF Tn
Il Indians, the body of any prisoner legal
> taken in the execution Of his order or /
. discharge of his official functions; an
:. that the permission to the prisoner to II
- main, if given, was void, nomatter b
, whom granted, as no power existed
- any of the Government TO grant pei
. mission to any individual i'll violation
= - the the terms of the treaty.