2. Any Indian who should enroll for emigration and afterwards refuse to emigrate should forfeit all right to any future occupancy within the State. 3. No Indian should be allowed the use of more than 160 acres of land, including his dwelling house. 4. Grants were to be issued for all lots drawn in the late land and gold lottery, though they might lie within the improvements of an Indian who had by any previous Cherokee treaty received a reservation either in Georgia or elsewhere. 5. No contract between a white man and an Indian, either verbal or written, should be binding unless established by the testimony of two white witnesses. 6. Any Indian forcibly obstructing the occupancy by the drawer of any lot drawn in the land and gold lottery should be subject to imprisonment in the discretion of the court.] [Footnote 362: Letter of War Department to Hugh Montgomery, Cherokee agent, June 9, 1830.] [Footnote 363: Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 18, 1830.] [Footnote 364: Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 26, 1830.] [Footnote 365: September 1, 1830.] [Footnote 366: October 20, 1830.] [Footnote 367: Action of Cherokee national council, October 22, 1830.] [Footnote 368: Cherokee Nation _vs._ State of Georgia, Peters's United States Supreme Court Reports, Vol. V, p. 1.] [Footnote 369: April 17, 1832.] [Footnote 370: July 18, 1832.] [Footnote 371: September 4, 1832.] [Footnote 372: Worcester _vs._ State of Georgia, Peters's United States Supreme Court Reports, Vol. VI, p. 515.] [Footnote 373: According to the statement of Hon. Geo. N. Briggs, a member of Congress from Massachusetts, President Jackson remarked, after the case of Worcester _vs._ State of Georgia was decided, "Well, John Marshall has made his decision, now let him enforce it."] [Footnote 374: Treaty June 1, 1773, between the British superintendent of Indian affairs and the Creeks and Cherokees.] [Footnote 375: United States Statutes at Large, Vol. VII, p. 237.] [Footnote 376: Letter of D. B. Mitchell, Creek agent, to Secretary of War.] [Footnote 377: See Indian Office files for these two treaties.] [Footnote 378: United States Statutes at Large, Vol. VII, p. 171.] [Footnote 379: Ib., p. 215.] [Footnote 380: United States Statutes at Large, Vol. VII, p. 237.] [Footnote 381: Ib., p. 289.] [Footnote 382: Ib., p. 307; Creek treaty of November 15, 1827.] [Footnote 383: Letter of Secretary of War to D. B. Mitchell, Creek agent.] [Footnote 384: Letter of Governor Forsyth, of Georgia, to Samuel A. Wales, May 5, 1829.] [Footnote 385: Letter of Montgomery to Wales, May 13, 1829.] [Footnote 386: October 10, 1829.] [Footnote 387: December 30, 1829.] [Footnote 388: January 15, 1830.] [Footnote 389: March 14, 1830.] [Footnote 390: Secretary of War to Governor Gilmer, of Georgia, June 1, 1830.]