Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-02-15
UNITED STATES AND GEORGIA.

| she Uased States.
WAsnINsror, 5M Fe5rnary, 1897.
! | submit to the consideration of Con.
/ gress, letter from the Agent OF the o.
nited states with the Greek Indians. who
invoke the protection Of the Govern
nent Of the United States, iu defence
OF the rights and territory secured 10
that nation by the treaty concluded at
Washington, and ratified, on the part
OF the United States, on the twenty-se-
cond of April last
The complaint set forth in this letter,
that Surveyors from Georgia have been
employed in surveying lands within the
Indian territory, as secured by that trea-
ty. is authenticated hy Information un.
officially received from other quarters,
and there is reason to believe that one
or more of the Surveyors have been ar
rested in their progress by the Indians
Their forbearance, and reliance upon
the good faith of the United States,
will, II is hoped, avert scenes of violence
and blood which there is otherwise too
much cause 10 apprehend will result
from those proceedings.
by the fifth section of the act Of Con-
gress, of The 50ih OF March, 1902, to
regulate trade and intercourse with the
indian tribes, and to preserve peace on
the frontiers, II is provided, that il any
CITIZEN OF, or other person resident in
the United States, shall make settle.
ment on any lands belonging, or secu.
red or granted by treaty with The United
States to any Indian tribe, or shall sur
vey, or attempt to survey, such lands,
or designate any Of The boundaries by
marking trees or otherwise, such offend
er shall forfeit a sum not exceeding
one thousand dollars, and suffer i'm
prisonment lot xceeding twelve months.
b. The 9th and 18th sections of the
same statute. two distinct processes are
prescribed, by either or both Of which
the above enactment may be carried in
TO execution. b. tho first il is decla-
red 10 be lawful for the military force
of the Unised States TO apprehend every
person found in the Indian country, over
and beyond the boundary line between
the United States and the Indian tribes,
in violation of any provisions or regu-
lstiOns OF the act, and Immediately to
convey them, in the nearest convent.
ent and safe route. to the civ.i autnor-
ty OF the United States. in some one Of
the thee next adjoining States, or Dis.
tricts, to be proceeded against ia due
course Of the law.
iv the second. Il is directed, that,
il any person charged with the violation
of any of the provisions or regulations
of the act, shall be found within any of
the United States, or either of their ter
ritorial districts, such offender may
be there apprehended, and brought 10
trial in the same manner as ii such
crime or offence had been committed
within such State or District, aud that
it shall be the duty OF the military force
of the United States, when called upon
BY the civil magistrates, or any other
person duly authorized for that purpose,
and having a lawful warrant. TO aid and
assist such magistrate or officer, or o.
Their person SO authorized, ia arresting
such offender, and committing him to
safe custody for trial according to law.
The first Of these processes is adapt
ed to the arrest of the trespa sser upon the
Indian Territories, on the spot. and in
the act of committing the offence.
But, as it applies The action of the Go
vernment of the United States to pla.
tes where the civil process of the law
has no authorized course, il is commit
ted entirely to the functions oi the mill |
tary force to arrest The person Of the |
offender, and after bringing him within
the reach Of The jurisdiction of the
Courts, there to deliver him into custo-'
dy for trial. The second makes the vi |
olater of the law amenable only after |
his offence has been consumated, and |
when he has returned within the civil |
jurisdiction of the Union. This pro- /
cess, in the first instance, Is merely of |
civil character, but may. in like man
ner, be enforced, by calling in if neces-
sary, the aid of the military force.
Entertaining no doubt that,in the pre-
sent case, the resort TO either of these
modes of process, or to both, was with |
IN the discretion of the Executive au-
thority. and penetrated with the duty Of
maintaining the rights of the Indians, as
secured both by the treaty and the law,
| concluded, after full elaboration, TO
have recourse Oh this occasion, in the
| fret instanca onl,, - A. .:..u