Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-10

Yeas--Nfessrs. Bell, Benton, Berrien, Branch.
Chambers, Chandler, Cobb, Eaton, Edwards, Har.
rison, Hayne. King, Kaisht. Macon. M'Kinley.
Randolph, Reed, Rowan. Smith of Maryland,
Smith of S. Z. White, Wiley, Williams, Wood
bury IA.
1 Nays Messis. Barton, Batemen, Bouligny,
Chase, Clayton, Dickerson, Fiudlay, Hendricks.
Holmes. Johnson of KY. Johnston, OF Lou X sne,
Marks, Noble, Ridseiey, Robbins. Ruesles, SAM
ford. Seymour. Thomas, Van Buren-2l.
THE U. STATES AND GEORGIA.
The following Message was received from the
President OF the United States, by the hands OF his
private Secretary;
To the Senate ana House of Representatives.
of the U States.
WASHINGTON, 9th Feb. 1927.
! submit TO the consideration of Congress,
letter from the Agent of the United States with
| the Creek Indians, who invoke The protection oil
the Government of the United State, in defence
of the rights and Territory secured to that nation
by the treaty concluded at Washington, and rati-
fed the part of the u States, on the 22I Of
| OF April last.
The complaint set forth in this letter, that Sur
veyors from Georgia have been employed in
surveying lands within the Indian Territory, ss
secured by that treaty, is authenticated by infor
nation inoflcialIy received from other quarters,
and there is reason to believe that more OF
The Surveyors have been arrested in their progress
| by the lndians Their forbearance, and reliance
|
aver, scenes of violence and blood which there is
otherwise too much cause TO arrrehend vii, result
from these proceedings.
BY the fifth section OF the act OF Congress, of
| the S0th of March, 1902, 10 regulate trade and
Intercourse with the Indian tribes, and 10 preserve
peace the frontiers, it is provided that ii any ci-
zen of, other person resident in, the u. States,
| shall make settlement any lands belonging, or
secured, or granted by treaty with the u. States
any Indian tribe, or shall snrvay, or st,empt to
survey, such lands, or designate any of the boun-
iaries by marking trees otherwise, such offender
| shall forfeit not exceeding thousand
dollars, and suffer imprisonment exceeding
twelve months. BY the 10th and 18th sections
OF the same statute, two distinct processes are
prescribed, by ethef boz of which, the above
enactment may be carried into execution. BY the
| FIRST il is declared to be lawful for the military
force CT the United States TO apprehend every
person found in the Indian country, over and be
yond the boundary line between the Unite,l State.
and the Indian Iibes, in violation of any of the
| provisions or regulations of the act, aud imme
diately to convey them IN the nearest convenient
al safe route, to the civil authority OF the United
States, in of the tn next adjoining
States, Districts, to be proceeded against in due
| course Of law.
BY the second, it il directed that, if any person
charged with violation of any of the provisions
or regulations of the act, shall be founI within
any OF the u. States, either of their territorial
districts, such offender may be there apr ehended
and brought TO TRIAL in the manner as if such
crime or offence had been committed within suck
State or District; and tina; shall be the duty OF
| the military force of the u. S., when called upon
by the civil magistrates, or any proper officer, or
other person duly authorised for that Durpose and
h wing lawful warrant, TO aid. ami assist such
magistrate, officer, other person 70 authorized
In arresting such offender, and committing him to
safe custody for trial according to law.
The irst oil these processes is adapted to the
rest oil the tespasser upon Indian Territories on
the spot, and in the act OF committing the offence
But, as it applies the, action of The Government
OF the u. 5. TO places where the civil process OF
! the law has no authorized course, il is committed
entirely to the functions of the military force TO
arrest The person OF the offender and after bringing
HIM within The reach of the jirs Fiction Of the
Courts there to deliver him into custody for trial
The second makes the violatrr of The law amena-
bic only ater his offence has been col summa ed,
and when he has returned within the civil iuris liz
ton OF the Union This process, in the frs, in
stance, is merely of a civil character but may, in
Ike manner, be enforced, Ivy calling in, il
| ry, the aid of the military force.
! Entertaining n doubi that. in the present case.
the resort 10 either OF these modes OF process or
| to both, was within the discretion OF the Execu
| tive authority, and penetrated with the duty of
tanning the rights OF the Indians, as secured
| both by the treaty and the law | Concluded afte,
iuil delber1iion, to have RECOURSE this occasion
in the first instance, only the civil process In
sirnciions have accordingly been given by the Sc
cretary nf War, TO The Attorney and Marshal of
the u. ). in The District of George, TO commence
prosecutions against the surveyors complained of
| as having viola ed the law, while orders have Al
| the same time byen forwarded to the gent of the
u. s., al once 10 assure the Indians that their
rights, founded upon the treaty and the law are
recognized by this Government, and will be h-
fully protected, and earnestly TO exhort them nv
the iorbearance of every act of hosiiliry on their
part, to preserve unimpaired tina, right TO pro,ec-
iion, secured TO them by the sacred pledge of the
good faith OF this nation. Copies of these inst,uc
tons and orders are herewith transmitted 10 Con
Sress.
in abs'aining, at this stage Of the PROCEEDINGS
from the application OF any military force have
been governed by Considerations which will 7
trust, meet the concurrence OF the Legislature
Among them, one OF paramount importance has
been, that these surveys have been attemp,ed. and
partly effected, under color OF legal authority from
the State OF Georgia That the surveyors are
therefore not to be viewed in the light of ind,vid
al and solitary transgressors, but as The agents of
sovereign State, acting in obedience to autbori,v
which they believed 10 be binding upon them In.
ina'ions had been given that, should they nee
with interruption. they would at all hazards he
sustained by the military force of the State in
which event, 1t the military force of the Union
should have been employed to enforce its violated
law, conflict must have ensued which yvould
in itself, have inflicted wound upon The IInioo
and have presented the aspect Of one of tbe..
confederat ed States at war with the rest Anxious
ABOVE all, to avert this stale of things vet at the
same time, Impressed with the deepes, convic,iou
oil my own duty, to take care that the laws shall
De executed, and the faith of the Nation preserv-
ed, have used, Of the means entrusted TO the E,x
ecu'ive 'oi That pnruose, only those which, with