Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-02-08
PRINTED AND PUBLISHED,
DAILY,
ny sNowDEM & THORNTON,
THURSDAY, FEBRUARY 8, 1927.
GEORGIA AND THE CREEK INDIANS.


the United States was communicated to both
Houses Of Congress on Monday last.
To the Senate ard House of Representatives. Of The " s..
WAsHlNcroN, 5th february, S27.
submit, 10 the consideration OF Congress, a
letter from the Agent OF the United States
with the Greek Indians, who invoke the pro-
lection of the Government vi the United States
in defence Of The rights and territory secured
20 That nation BY the treaty concluded at Wash,
ing,on, and ratified on the part OF the United
States, on the twenly-second 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 treaty, is authenticated by
Information lnofficiAlly received from other
quarters, and there is reason 10 believe that
one or more of the Surveyors have been arrest
ed in their progress by the Indians. Their
forbearance, and reliance upon the good faith
Of the United States, viii, i, is hoped, avert
scenes of violence aLd blood, which there is
otherwise TOO much cause 10 apprehend viii
resuI, from these proceedings.
s By the fifth section of the act Of Congress, OF
the 3oth Of .iarch, 1902, TO regulate trade and
intercourse with the Indian tribes and TO pre-
serve peace OIL ,hr frontiers, it is provided, that
the United States, shall make a settlement on
any lands belonging, or secured, or granted by
treaty with the Uniied 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 sum not exceeding one thousand
dollars, aud suffer imprisonment, not exceeding
twelve months. BY The 10Th and 18th sections
of the same statute, two distinct processes are
nrcscribed, by either or both Of which, the a
bove enactmen, may be carried into execution.
By the first, il is declared to be lawful for the
military force Of the United States to appre-
bend every person found in the Indian country,
over and Beyond the boundary line between the
United States and the Indian tribes, in viola
ton of am Of the provisions or regulations of
anu saie route, 10 the civil
authority OF the United States, in some one Of
the three next adjoining States, or Districts, to
bs proceeded against in due Course of law.
By the second, il is directed, that, If any per-
son charged with violation OF any of the pro-
visions or regulations of The act, shall be found
within any OF the Unitel States, or either of
,heii territorial districts, such oHe nder may be
there apprehended, and brough, to trial in the
same manner as if such crime or offence had
been committed within such State or District;
and that il shall be the duty of the military
force Of the United States; when called upon by
the civil magistrates, or any proper officer, or
other person duly authorized for that purpose,
and having lawful warrant, to aid and assist
such magistrate, officer, or other person so au-
thotized, in arresting such offender, aud COM
hitting him to safe custody for trial according
70 law.
The first Of these processes is adapted to the
arrest OF the trespasser upon Indian Territories,
on the spot, and in the act OF committing the
offence. But as IL applies the action OF the
Government of the United States 10 places
where the civil process OF the law has no au-
thorlzed course, il is committed entirely 10 the
functions Of the military force 10 arrest the per-
son Of the offender, and after bringing him
within the reach Of the jurisdiction Of the
Courts, there TO deliver him into custody for
trial. The second makes The yiolator of the
law amenable only after his offence has been
consummated, and when he has returned with
in the civil jurisdiction OF the Union. This
process, in the first instance, is merely of CT
vii character, but may, IN Ike manner, be en-
forced, by calling in, If necessary, the aid Of the
military force.
Entertaining no doubt that, in the present
cess. or to both, Was within the discretion OF
the Executive authority, and penetrated with
the duty Of maintaining the rights OF the In
'dians. as secured both by the treaty and the
law, concluded, after full deiibera,ion, 10 have
recourse on this occasion, in the first instance,
only TO the civil process. Instructions have
accordingly been given by the Secretary Of
War, TO the Attorney and Marshal OF the Unit
ed States in the District OF Georgia, TO COM
mence prosecutions against the surveyors com
planned Of as having violated the law, while or
dsrs have al the same time been forwarded to
the Agent Of the United States, at once to as
sure the Indians that their rights, founded upon
the treaty and the law, are recognized BY this
Government, and will be faithfully protected
and earnestly to exhort them, by the forbear-
ance Of every act Of hostility their part, to
preserve animpaired that right to projection
secured TO them by the sacred pledge Of the
GOOD faith Of this nation. Copies of these in.
structions and orders are herewith transmitted
% Congress.
In abs,aining, at this stage Of the proceed
iugs, from the application ofany military force