Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-22

surveyed and the selections made; and also remove
them IN the "om these selections Tor the
term oil hive years from the ratification of the treaty.
sc. The Indians. while they retpined their character OF
Tribe had unqualified, right to their i'm
cdiac improv The second article of The treaty.
no only ronirms this right of possession until the sece
tons are made hut after Mat period adds TO it lee ,ippie
hlo The article referred to- requires that census of
these persoms shall he taken under the direction OF the
Ptesnient, ami the selections shall Ice made.
.nue te Improvements OF each person within his seiec-
"o"' h" same can be maize, ond IL not, then all the
persons belonging to the entitled TO selections,
anu who cannot make the to include ia, r i'm
p'"Neneh's shall take them IN one body IN proper
,'tm.' When persons res.dc in town neigh.
uorhood, ihau receive their compliment OF land
these places A portion OF them will remain and The
others will receive their aouents in body
so that every instance the posScSs Of the improve
with the indians, subject to the con.
troll of the government from tie alton of the treaty
until the selections are made, and afterwards nleii,ely
IL l. obvious therefore that these improve no,
pnohc i1hu ana Is equally clear, that the reservations.
'r uey are ioc'ed VIII become the private property
Of The individuals 10 whom they may be assigned =.
me government has TO rrcscm, Or future interest il,
suth oil the selections will i.clude improve ent.
They are the private properly ,e persons ian
MO are IN TO respect whichever de the III or
permission OF Tue government oi s enjoyment. Ii any
Agent o the United States wtrc To ATTEMPT the rcoy
oil one oil these people, entitled have his selection around
his improvements, ii cannot be doubted that tie Dtstsct
Iout or The Courts oi this State would m,erpose their
thoity for his prote ction.
Whence, then, is the power derived regulate or con-
'rou HE possession OF thee improvements! II the In
Hans choose TO their fields they cnly Use the uriv
lege common to every citizen, and If person obtains
pedceabie possession under this kind n.
not bc removed by military force without 10, Il
n The Consiitutoa OF the United States. If citizen can
he thus orcily and INTERNATIONALLY expelled from his
possessions, the sword has already cut out fom IN in
sruen the clause which declares that no person hail
DC deprived hs property without due process. of
But intruders are to be cd II, force fom the So.
'eeons ior the term OF five years from the ratification
OF 'he treaty., &c Aer tc Indians are placed in pos.
session oil their tracts, 80 OF which Al. To contain q M
acres and the others 800 each they wil cerainl,
cease to be public land. Not oni, the rirbl 10 occuny
any reason for contcndng that the improvements be-
fore The reservations oraied not
there will be none afterwards. -
The Constitution Of the Unicd States, in limiting the
powers OF the General Government, in relation TO the
pnhhc domain, Is too explicit TO admit OF doubt Its tina,
sh'i have power to dispose Of, make all
necdiul rules aud regulations respecting the Tertiary -,
other property ot the United States"
hen these lands sold or discussed Of ito a,Lor,
ceases, and has greater power To regulate
heir future possession punish for e.passcs than any
other land-holder. The government may make a con
tract with our citizens, comforting what lille il chooses
but The contract is TO be enforced the tile
by The courts and not by is direct action One hun.
dIei years might with equal popreiy have been insert
ed IN the tre'y, and there the authority for ex
tending the power OF removal subsequent purchasers
that there was 10 the Indians.
That the Indians within the limits of his Stat, ara ;,;
Gems thereof and sHhec its laws in every r.spect
not he questioned at leastby the General Governments
he treaty with these people is ro,hing more than con,
tract with so many citizens of Alabama
suppose an agreement had bcc entered into wi
'"-cnS n' The county OF Mont gomery, acting for
themselves anu ao as the agents of hundred o thcir
ne'ghbors, by which the government, besides conv.xin
10 each 0Io acres OF land had stipulated TO re- move nv Crc
Tor h'c years, all persons ho might inruic upon ANY of
""o.S' ~ - quite apparent that such sipulafion rs
wcH as any attempt to carry into effect womb me an
"a,"n""e interference win matters which can be rcgu-
'd'eu atone by the laws OF the State aud n,pahIc
enactment upon its jurisdictions And vet this ease il
cSry '"r IN principle to the under consideration
~ The General Government have In. rph, IN ,,,,,,n
me conduct oi our people relation TO their land i( ca,
gh'iuy eNp- citizen who ircsp i.ses upon The anded
~ ;,; o' us neiEnhor' by the summary interposon
81 m'ay gnard without the forms OF military in
resg"uo' wiI' Is to restrain it from the exercise OF the
power IN relation to espasses upon personal proper
FROM ms The transition would be easy TO the taking
coGhZance OF all irregularities mlsdeme and
The night TO punish which, has been
49, belonging exclusively 10 the State tribnsl. H. Inv
The eaty-making power the ordinary opcr,,on NJ OH
ws,upon the persons and property of our avn c;,; %
be suspended will be the case il the 5,h article q, h
ue"y executed In the mod" prescribed in your late or.
"er 10 The Marshal, the whole field State iursctinn
may he cousid' red occupied amt State sopeyejgnt
me TesGOed rights 0f the States, Sc are but
sounds totally unworthy of -eious consideration
know That these terms used by MANY as nero ran,
expressions, aud that they have been brought into di.e
pne oy me ex'rav"gan preicsons and absurd doctrines
OF sister Stairs but they imply things that are still yo,
preserving, and as long the blessings OF m Union a
Jhs'y appreciated, they will command the hes, and
es. eNerhons oi The patriot 1t is often difficult to trace
with precise accuracy, the boundary which separate, i
J"rshicon oil The State and Federal Governments. We
can a" an nmes' however, determine nearly where lies
iut this treaty is for giving ne direction II crosses
he line designated in The Con,u;i2n at right ANGLES and
runs INTO The very heart and centre of our domestic con-
Germs ''~ '''''
n"'' SIR, there s another view of this subject which
VIII expose in light still more garing the utter con
paho'iV oil this treaty with the jusGictve rights Of the
State OF Alaba,.a. 'e'' Vi ''e
IA before Observed the righ, Of extending our lam.
over 'he country from which people are ordered t
ne expelled is admitted 10 the fullest extent This no.
cesdy implies The right Of employing the means at arc
"SPehS"Die 10 US exercise. What these ,raus2 4.
enumerated in the Constitution Of TIL. State and , Iy
made ~ pursuance thereof they are, that the State shall
De Iai oil into counies, and crcuifs. hat M
circuit courts shall be held in each county al Ic,st ic
w every year. MAT HE counties shall be divided into
nSuic'S IN edch OF which there shall he appointed two
lus'ices oil the peace and two couStables that erc b
be ia each circuit, Judge OF the circuit court .
reside IN his circuit, that there shall be for cac
Judge o Tie county COURT that there shall la .so -
each county, sheriff. clerks OF the circuit and count,
courts coroner, not"Tes public, Commissioners of road,
ana revenue, &c; and that there shalt be summoned nre
''o"S ~ every circuit court, a competent number of
grand ana petit jurors, and like number of nett iro
are required TO reside in the counties 10 " ci their I
res belong These the ordinary means bv ,vbicb n
o''e eoNernh-n Is put ia operations and effect oiver a.,
or Jaws ana yet Tie lae instructions TO the Marshal
absolutely prohibit the use OF any OF them
he General Government has not ONLY admitted H.
E" " hdDama 10 extend her jurisdiction over the coded
country, but u has invited and ENCOURAGED sucl,
nv snhdry Documents TO which il unnecessary to rct
NO sooner however, is the country organized and the
necessary steps taken, this end than an armed forc ~
co'ected on the banks of Chaiahoochee for the
n eNPeihs from this large aud Furnishing section of The
oe' an wmte PERSONS, including, of COURSE all civil Of
u oher persons, whose agency il necessary 10 the
execution OF our laws. We will have no mower r., ,u,
any offences committed by the Indians or IN s,,b, ~
Ih any respect TO the restraints OF the law because ~
courts WIN nave been suppressed in all the counios i
n'n ney iefIhc' NOW, Sir IL your order be carried