Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-29

vse companies. and somsof hese alien and native yet
hold large tracts In thwt State. imagine has never
applied to them and another TO the citizens generally
do not question the power OF the State Government TO
pass all necessary laws TO convert to public purposes pr
vae property, whenever required by the
and upon providing just compensation br tile
10 not essary should examine whether this may not
DONE where the United States the owners Whether
the legislature OF Alabama may not lay out roads, and
make other disposition OF particular portions Of the public
lands in that State, in conformity with the principles
which regulate the system OF condemnation in private
This power has not been exercised at any
il is not known to that II has been exercised. aud
therefore consider the inruders upon these lands de-
irving right from any Act OF local legislation
Nor do I question but that In the ordinary organza-
ton OF the governnen, OF Alabama. the officers aud tai
n"nas you enumerae are required TO exercise its jn
riic,ion The only point Is, whether the power to pro-
vide these necessarily implies right in them, iotake
session Of aud hold properly not their own The settlers
the United States The State of Alabama extends her
jurisdiction this Territory DO these persons then
cease to be ireassers and have they right remain
merely that they participate in the exercise this u
rsdiction Certainly would have been easy and would
not be impraciicabe, to attach this whole district 10
Of the organized countless where the public
lands have been so aud thus provide for the coniec
exercise OF civil and criminal jurisdiction without inter
ering with the property Of the United StatesThs pro-
ccedng would doubt be nconv and put IT, not
as case TO be desired, but which meets tho
IRENE consequences 10 which your Exceency ailudes
In the discussion of this branch Of the subject II is very
obvious, that IL there set ers upon these lands
no person could claim the right to occupy them In order
that he might be appointed Judge, Justice Of the
Peace Constable, any other officer recognized by The
Constitution OF Alabama II is equally obvious TO me-
that because he 10 appointed TO such Office he does
derive. from the appointment, any right hold the pro-
perty OF the United States OF any individual, upon
allegation that he otherwise the duties Of
his Office The obligations implied in these relations
essentially nnequa-One is voluntary and assumed and
may be declined by resignation removal The other is
perpetual and ndestructble.
Your Excellency deprecates the employment militia.
~ the ntruder. aud you demand that
the government should "put away the sword which has
been unnecessarily and too hastily draw against this
large and unoAendng community II is. YOU remark
ths appropriate arber in OF ambition,
in questions OF constitutional right"
Certainly, questions Of right. whether constitutional
otherwise, ought never TO be decided by the sword and
the spirit Of counymen, well the whole genius
OF institutions opposed to its employment ali
ses within the ordinary operation OF the laws And the
military force now In Alabama has inter-
fere with the authority OF the State. The following
tract Of letter to the Marshal OF Alabama. in to
application from him, will shew how cautious the go
vernment have been upon this subject
have received your letter OF the 81 instant and in
answer have TO inform you that you will submit any e
gal process which may be served you. Your duty
consists in RENEWING from the coded territory the ntr-
ders, who have taken possession OF IT, in violation the
law and the :pn.iion' OF the Creek treaty Of 1882 In
executing this duty, you will employ all the necessary
means, placed at disposal by the particular insruc
ons Of the by the general provisions Of the
acts OF Congress Though the President but hope
that full view Of the obi cations Of the United States
and the entire want OF title the part Of the persons
ing in this district OF country, they will peaceabIy
|
against you in any OF the State Courts for your
ings in this Natter submit to the without he.ta
uon in'erPose not The slightest obstacle to its service
The United States claim special Jurisdiction over the in
habtants Of the coded country They only claim the right
to remove them from the public land they occupy. The
District Attorney will he instructed remove to the
Courts OF the United States, wherever il can legally be
done, all suits instituted against YOU on this and
there to conduct your defence or IL necessary, you will
remove them YOURSELF He will be likewise instructed to
defend you in the State Courts in those Suits any there
be- which cannot be removed into the Courts of the
U. States"
Force often be employed in the execution of snv
law and il must he ready TO be employed in all laws If
their obligations to be respected There two
'e' in which the National Legislature have authorized its
Act Of March &c. 1902 where inrusons are made upon
Indian lands not within the ordinary jurisdiction of any
State and by virtue OF the Act Of March 3D. 1907 where
inrusons are made upon the public lands. does not
become to say whether Congress have been right or
wrong in making these provisions. II is enough for the
Justification OF the Executive, that they found upon
the statute books, and that their general is not
disputed The authority which enacted alone repeal
them But were necessary, would be difficult to
assign proper for this variance the usual
course OF legislation These Acts may and eener-
ally do apply to extensive districts o. country which are
liable TO be taken possession OF and held large bodies
OF The OF all title is cerian and is pre sun.
posed by the terms OF the law. The very act Of being
found upon the Ian! is i" sef offence, and gives the
right oil removal There are therefore, facts inyes-
tgaie, nor ny subject for judicial inquiry the very
nature OF the there be jurisdiction o. there
be any II must be adverse one such is the constu-
ton Of human nature, not to he expected that com
mum holding possession, under hese circumstances and
themselves administering the laws. would their OWL
expus son, Ell her Individually collectively. And NAV
safely ask, whether the Act OF Congrts for the Of
inuders could be enforced ia that part of Alabama now
settled under these circumstances 10y the ordinary opera.
lions oil the laws administered there The
taken by your Exceency Of the situation aud rights of
these persons would doubt furnish reasons ceny
powerful in their minds, for the occupation # the land
cay this without the Sigh mpu alton upon the motives
OF any one, but because experience that uneriing test
shews. that such has always, in similar crcuns auces
been the course OF things.
The troops of the United States upon the land of
the United States. They directed TO remove thence
all ntrders They instructed do this with az much
moderation as possible. Time has been given by the
Marshal till the 18Th OF January next, for the
inhabitants TO Even with proper jealousy of
the employment OF military force which in other roun-
tries and in all has been TO free ipsti.
tuons, cannot any danger to the Republic either
which such case may establish
IL is believed that the reasons induced the Co
vernnent OF Georgia to employ military force in keep.
ing inrUders from The Cherokee lands. Whether il has
been discontinued, not informed. IL il has the dis.
continuance has but recently taken place have not
heard that the principle objected TO, and pre-.
sumo public opinion acquicsced in the one ne
cessary TO be used under the circumstances Of the case
In conclusion beg your Exceency TO be assured that
was with great reluctance the Presid nj felt himself
called upon TO enforce the provisions Of the act of March
3D. lSOT In the State OF Alabama But the circumstances
were such leave him discretion and thew vet com
nue TO demand his interpretation He can see no mode
ny which the instructions Tor removal can be
but the mole pointed out by the treaty is--A fast as
The locations can be made, the country will be reIeved
from those spuations, which render this course