The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-16

|ffNhs tanus WiiHhl tue I1uian Territory as sc.
cured by that Treaty Is authentieated By infor-
nation inoffeially received from other quarters.
and there is reason 10 believe thai one or move
ofjhe surveyors have been arrested in their pro-
gress by the Indians. Their foshearance and
reliance upon the good faith of the United States,
will, il is hoped, avert scenes of violence and
blood, which there is otherwise too much cause
to apprebend viii result from these proceedings.
by the 9th section OF the act of Congress- Of
the Both of March, lSo2, TO regulate trade and
intercourse with the Indian tribes, and TO pre-
serve peace on the frontiers, it is provided. that
if any citizen of, or other person resident in the
United States, shall make n settlement on any
lands belonging, or secured, or granted by urea
ty with the United States to any Indian tribe. or
shall survey or attempt to survey such lands, or
designate any of the boundaries by marking
trees or otherwise, such offender shall forfeit the
sum not exceeding one thousand dollars, and
suffer Imprisonment not exceeding twelve
months. BY the 10th and 18th sections of the
same statute, two distinct processes are prescri.
bed, by either or both of which, the above eaa ct
ment may be carried into execution. By the
first, ii is declared, TO he lawful for the military
force ofthe United States 10 apprehend every
person found In the Indian country, over and be-
yoid the boundary line between the T.. States
and the Indian tribes, in violation of any of the
provisions or regulations OF the act, and imme-
diatcly to convey them in the nearest, convent
ent and safe route TO the civil authority of the
United States, in some one of the three next adj
joining States, or Districts 10 beproceeded against
in due course of law.
By the second, il is directed, that ifany person
charged with a violation ofany of the provisions
o. regulations of the act, shall be found within Il
nv OF the United States, or either oftheir terrific
Fan1A gfEa~ 80 -
hendcd, and brought to trial in the same manner
as il such crime or offence had been committed
within such State or District and that il shall
be the duty OF tho military force of the United
States when called upon by the civil magistrates,
or any proper officer, or other person duly au-
thorlzed for that purpose, and having a lawful
warrant, to aid and assist such magistrate, officer
or other person SO authorized. in arresting such
offender, and committing him to safe custody for
trial according To law.
The first of these processes is adapted to the
arrest ofihe tresspasscr upon Indian Territories,
on he spot, aud IN the act of committing the Of
fence. But as il applies the action of the Gov
eminent oftle United States to places where the
civil process ofthelaw has no authorized course,
it is committed entirely to the functions Of the
military foreete arrest the person ofthe offender,
and after bringing him within thc reach oftle
VI oNi'tici - ~ " = tt1it " AIAai
into custody for trial. Inc second makes the
,iolator of the law a1nenablo only after his OF
fence mas been ~consummated. and when he has
returned within the civil jurisdiction ofthe Union.
This process, in the first instance, Is merely Of
a civil character, but may, in like manner, be en-
forced, by calling i'll, If necessary, the aid of the
military force.
Entertaining no doubt that, in the present
case, the resort 10 either of these modes Of pro-
cess, or to both, was within the discretion OF the
Executive authority. and penetrated with the
duty of maintaining the rights ofthe Indians, as
secure both by the treaty and the law, | conclu-
died, after full deliberation, to have recourse on
this occasion, in the FIRST instance, only to the
civil process. Instructions have accordingly
been given by the Secretary of Var, 10 the At
torney and Marshal of the United States in the
District OF Georgia, TO prosecutions
against tie surveyors complained of as having
violated the law, while orders have at the same
time been forwarded to the Agent of the United
States. at once TO assure the Indians, that their
rights founded upon the treaty aud the law, are
recognized by this Government, and will be
faithfully protected, and earnestly to exhort
by the forbedrance ofcyery act of hoStiii-
" on their part, TO preserve uniinpaired, that
right 10 protection secured TO them ny the sacred
pledge of the good faith of this nation. Copies
of these instructions and orders are herewith
transmitted to Congress.
In abstaining at this stage of the proceedings
from the application of any military force, |
have been governed by considerations, which
will, | truSi. meet the concurrence of the Legs
lature. Among them one of paramount lnlpor-
lance has been, that these surveys have been at
tempted, and partly effected. under colour ofle-
gal authority from the State OF Georgia. That
ia, = thoraGoro not tn ba yIpEpl in
tho light ofindividual and solitary transgressors,
but as the Agents of sovereign State, acting in
TO authority which they believed 10
be binding upon them. limitations had been
given that, should they meet with interruption,
they would, at all hazards, be sustained by the
itary force of the State, IN which event, II
the military force of the Union should have been
employed to enforce its violated law, a conflict
have ensued, which would, IN itself, have
a wound upon the Union, and have pre-
scented the aspect of one of those contederated
States al war with the rest. Anxious, above all,
to avert this state Of things, yet, at the same
time impressed with the deepest CONVICTION OF
own duty TO take care that the laws shall
be executed, and the faith oftle nation preserV-
nd. I have used, ofthe means entrusted to the
for that purpose, only those winch,
without r%esorting to military force, may sindi-
the sanctiiy of the law, by the ordinary a
gencv of the Judicial tribunals.
Ii ought not, however, to be disguised, that
the act oil the Legislature of Georgia, under the
given TO it by the Governor Of thai
State, and the surveys made, or attempted, by
authority, beyond the boundary secured by
the Treaty Of Washington, OF April last, 10 the
Creek Indians. are in direct violation OF the Su-
premc Law of this land, set forth in a Treaty
which has received all the sanctions provided by
the Constitution. which we have been sworn TO
support and maintain.
Happily distributed as the sovereign powers
the people of this Union have been between
heir General aud State Governments, then h,s-
torv has already too often presented collisions
,etxcen These divided authorities, with regard TO
the extent of their respective powers. No IN
stance. however. has hitherto occurred, in which
collision has been urged into a conflict ofac-
NAL force. No other case is known to have
in which the application of military
force by the Government ofthe Union, has been
prescribed for the enforcement of a law, the 'lo-
alton of which has, Within any single State,
been prescribed by a Legislative act Of the State.