Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-02-09
NIoNDAR, Feb. ).
NIOND
IN sen ATE.


The debate resumed and continued at great
'eogth the merits of the BILL in which Messrs Ridge
-, Rugges, Van Buren,, Johnston, Lou. and Sanford
opposed its passage and Messrs. Harrison, Smith, OF
Md. Smith, of S. c. Woodbury., Branch, and Cham
hers, supported it.
AT the close Of his remarks Mr. Chambers offered
an amendment, 10 change the time at which the bill
should commence IFS operation, 10 the LIST December,
1928 halt Of the duty be taken off at that period,
and the other hall on the LIST December, 1929; which
was put aud negatived, 10 to %.
The question being then pat, the bill PASSED.
by the following vote, and sent TO the other House for
concurrence
YEAs-AIessrs. Bell, Benton Berrcin, Branch Cham
hers, Chandler, Cobb, Eaton, Edwards, Harrison
Hayne. King, Knight, Macon, Mckinley, Randolph
Reed, Rowan, Smith, Md. Smith, S. c. White, Wiley,
Williams, Woodbury-24.
Massachusetts. Barton Bacman, Boulgny, Chase,
Clayton, Dickerson, Findlay, Hendricks, Holmes,
johnson, Ky. johnson, Lou, Kane, Marks Noble
Ridgeley, Robbini, Rugglos, Sanford, Seymour, Tho
mas, Van Buren-2l.
GEORGIA AND TIE CREEK INDIANS
The following Message from the President of the United
States, was this day communicated TO both Houses of
Congress:
TO tie Senate aud House Of Representatives. of lie INT
ted States.
WASHINGTON, Feb 5, 1897.
submit the consideration of Congress, letter from
the Agep. Of the United States with Creek Indians
who invoke the protection of the Government L. s.
in defence of the rights and territory secured that
by the Treaty concluded ahiuston, and ratified on
the part of the U. s., the 22d of April last.
The complaint set forth in this letter. that surveyors
Georgia have been employed i'll surveying land within
Indian Territory secured by that Treaty. authenca-
ted by nforma ton hocaly received from other quarters
nnd there is believe that tine Sur
veyOS had been arrested in their progress by the Indians
THEN forbearancc and reliance upon the good the
u S. will, it is hoped, of violence and blood
which there is otherwise too MUCH apprehen will
result from these proceedings.
By tine hh of the Congress Of the Oh of
March, 1902, regulate trade cnursc with the I-
dian tribes, and preserve peace frontiers 1t is po-
1iet that any citizen at! or oIhcr esiden i'll tie u
- shall make settlement lands belonging. OF Sc
,":ed or granted by treaty with the u. 5. any Indian
sriue shall survey attempt survey lands,
igmae thc boundaries marking trees or nticry s
such offender shall forfeit exceeding ICGD dol
lars nd suffer imprisonment no, retg twelve months
BY the 10Th and lin sections OF the statute two
distinct prescribed, by either hti which,
the above enactment may he carried execution b.
the FIST, is declared, he lawful for military force
othe u s aPpre'end every ounr in !he Indian
country and beyond the boundary between the
u s. and the Indian tribe in violation any the pro-
visions regulations of the immediately To convey
in the convenient route To the civ
authority of the u s., III the next adjoining
States Districts, 10 be proceeded against in course
Of law
BY second directed, that any person charged
IN violation OF any of the provisions regulations of
tS act sh" be found within any of the u. S, either
Il their territorial districts, such offender may be there
;ehendcd, and brought trial in the same manner as if
.oh crime offence had been committed within such State
District and that it shall he the duty OF military force
the u S., when called upon by the civil gistrates
proper officer other person duly authorized that
Pt'pnse aod having lawful aid
gistrate officer other person authorized in arrcs
i' such offenders and committing him custody for
t.ja according to law.
FIRST of these ped to the arrest of the
'srr upon udian Territories. the spot, and in the
a0i committing the offence. But, it applies the ac-
ro the Government of the u. S. pIaG e where the
" '"cess Z" the law has no authorized course i, is
i'1 entirely to the functions Of the military force, to
sr.st the person Of the offender, and after bringing him
ihn the reach of the jurisdiction of the Courts there
denver him in custody for trial. The second makes the
vo'aor of the law amcnablc only after his offence
hen consumaed and when he has returned the civil
in
is merely r civil character ma y in like man
be enforced, ny calling iu if necessary aid of the
military force.
Entertaining doubt ihain the present case the re-
sort to either of these modes Of process or tn both was
within the discretion of the Executive authority aud pene.
tacd with The duty Of maintaining rights of the Indians
as secured both by the treaty and the law, have concn-
deh alter foil d'beraii"n, to have this coca.
son. III The fSt instance, only the civil process
tons have accordingly given BIZ the Secretary of War
10 the Attorney aud Marshal Of the IT, s. in the District
6f Georgia to commence prosecutions AGAINST tho survcy
complained N having violated the law while orders
have a: the same time been forwarded gent or the
t. s. at to the Indians that their lights foun-
del upon TIE treaty and the law, recognized BIZ this
Government aud will hc faithfully protected nd ca
~ 70 cxhort Iem by the fobcarau every act of ost
lily their pat, to unmpaircd right TO pro-
lection secured T." them by the sacred pledge the rood
faith Of this nation. Copies nf instructions and or
@aTs are herewith transmitted to Congress.
In a55iaiung this stage IF the proceedings from the
"''c"ton Of any military force, have governed
t considerations, which Will trust meet the concurrence
a. 'HF Legislature Among them, of paramount i'm
49, ''' ''' llC~r surveys nave pCCU attempted.
- patly Effected, un!cr colour or LEGAL authority G
30 @i"te OF Georgia. That surveyors are therefor,
10 DC viewed in the light ct Individual and ,oIii,rv
f"sgreSos bU as The Agents of SOVEREIGN State act
''y 10 obe'ience 10 authority which believed 10 be
'm'ng upon them Inima'ions had tccn r;ycn thar,
-nrnd they meet win interruption. they would al MI haz
"d, be sustained by tie military force of the s,,e -
';c event It tive military o,ce of the Union sl,, i
,-cn employed IT, enforce it, ,ull,ed law co,a;c,
b've ensue7, WHICH would, III itself have inflicted nIi
Hr"n Tic Lu"n and have presented Tie aspect Of one Of
i'as" conc'r'at,d states with the Arsiops
above all. {, iiis Things. yrt, ~ r same
i""" impressed WIZ TIC deepest conviction oC boy own
.T 10 take care tat ur laws shall be cyscgtpd, and
tt- 'b Of iIc Nation preserved, have u,rj, Of the
entrusted TO IN" Executive io that pose. only
shcI without rcsor'ing {" military lprco may vim
10" s'nc''y Of III" law. - :ae h.ae,y '.-ocy Of
IL .!icsj ,..ss:is