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

wAsHINoToN, Oct. 26.-wc lay before our readers
the sorre'poence between the Secretary Of and Co
vernon Gayle Tho srea, Importance OF the points at
sue induced TO solicit tho favor OF the Secretary
TO furnish copy OF the last reply addressed by him
TO Governor Gayle-snd happy have il in our
power present our readers The principles
upon which the administration have determined TO pro-
ceed being fully before the public the people Of tho
United States will judge how far their support
= Globe.
already published the Letter Of the Secretary
Of War; Of the 9th septic mber and the Repiy Of Cover
nor Gayle Of the I'd oc,ober)
DEPARTMENT OF WAR;,
October 22d, 1888. I
SIR:-I have received and submitted TO tho President
your letter Of the 2 instant and am instructed to com
sented. far these he supposed have br
upon the present action OF the Executive Under orns.
to revert 10 the duties Of the President and TO the
tons imposed upon him by the Creek treaty. and by the
injuries inflicted in violation Of it, upon the Indians Blu,
the President Is SO anxious that the citizens Of Alabama
should in his only the dictates Of an imperative
duty, and that the persons living upon these should
yield quiet possession, whenever necessary and thu.
vent reort TO any other mode of procc einc that
been directed while announcing you that his
not been changed to present the which have in.
duced the decision he ha. made.
la my letter to You Of Sepe mbcr 9th did myself the
honor 10 state at some length the obg of the Exc.
cutive, connected with the intruder. from the
district. coded ia 1892 by the Greek Indians adyerted
10 the act Of Congress Of March g. 1907 rendering
the unauthorized settlement Of the public lands and d.
rectng the renova, Of all persons engaged therein by
e.
curing the eviction OF nrud-rs aud the statements and
reports Of the Indians themselves Of public officers and
OF private citizens, proving that wanton and
onfrages had been committed upon the former; and hav.
ing thus slcwn the necessity for the of the
Executive, the authority expressly conferred unon him
oy law and the obligation imposed him by the treaty
battered myself yonr Exceilency would have in the
Instructions, which have been issued the execution only
OF plain duty and its execution tempered with a. much
orbearAnee on account Of the condition Of the settlers.
was compatible with the public faith. And although I
have been disappointed in this expectation must vet
your indulgence. for briefly advering the topic. pre-.
understand your Exceiency does .not que .,ion m.
Of the act Of Congress OF March 3d. 1907
tut that you "doubt the correctness Of the construction
consider that the provisions OF this act do not apply
to restrain persons from settling the public lands. who
had no object in view beyond their euiva and of
course nat they do not extend to tho settlers upon the
Creek iands, who interpose claim Of title on think
the sole object OF the act prevent claim.
possession Of them
That the Latter was Of the objects may be safely
admitted That IL vas the only one d.proved by the
praeoogy oil the act, well by the uniform practice
OF the government in its administration That act de-
cares "hat il any person, &c. shall take Of or
make settlement on any lands. &c provisions shall
apply 10 him. These terms broad 10 admit aoy ex
rluson, the ground that the nrders prefer no claim
10 the land Indeed il may be said that such contrc.
lion would render the whole act imperative. For the
claim OF individually. can only be known by their own de-
claraons. And therefore, IL an intruder making no
claim, is sure Of peacoahle possession and one MAKING
can is as sure OF forcible eviction, is morally certain
that the latter would quietly himself upon the land
and retain possession indefinitely until his right could
be determined by the institution of suit against him for
possession And in addition to this the mira
zoology Of the act itself is decisive Of this branch Of the
question. "Sucb offender or Offenders" saws the law
'ha'i forfeit all hi. or their right, title cla if any he
who enter upon hold public land by virtue of right
title claim this conditional expression was wholly un
necessary H. therefore. the law extend only 10 those
who claim the expression f any he or thew hath
OH
!, essential to its operation AS these words are used
hey evidently imply that Of the inrsders upon the
public lands may have claims, and others may not
And besides the title Of the Act as broad as the evil il
was intended to prevent is "fo prevent settlements
being made lands @eded to the United States till au.
thorized by ia,o. Settlements of all descriptions which
wod tend TO obs,ruct the policy Of the in
its disposal Of the public domain.
But there smother view, which appears TO me dcci.
Of this point This Act embraces Two classes If
one Of persons who may have taken sson be-
lore. and another Of those who may take possession
after is passage. The latter are sllowedDo induI.
gence Committing the offence, with a full knowledge
II the law. they become obnoxious to its penalties. Blu
he former are permitted 10 remain tenants at will upon
rerain conditions, and in mode prescribed by the Act
And among other things, il is provided "Tbat such per
mission shall not be granted any such apple ant n.
shall previously sign declaration stating that he does
not lay any claim to such tract Of land and that
he does not occupy The by virtue of any claim or
pretended claim derived pretended be derived from
my other person or persons"
This proyiso contains the only distinction which il IN Ia
ouDd IN This Act, between inir,iders who settle with
,nt claims, aud those who decline the reliooui.h.
neDt Of claims. This distinction il, by the provi.
lions OF the Act, rendered tangible and practical For
All persons found ON the land liable TO he remoy.
ed, and u they aic DESTROYS of avoiding the conse.
qneSce, they must forwa ard and sign a deearaoo
oil REIMBURSEMENT But here the distinction ceases II
was intended, doubt prevent unnecessary basps
TO persons who. in removing upon land however bey
may have iDerered with the rights and policy of the Co
vernmen still bad violated law For the future ali arc
respasses and all oFenders The in favor of
he settler without claim terminates with this provision
such settler included in the raj pro.
visions OF the law, why is there special exemption
rating upon those who had previously obtained
Ana upon The construction commended for placing even
hese ~ worse condition than they would have been had
here been no clause Tor their relief For n az your Ex.
reency insists, the law did not extend TO them thew
onld have been al liberty 10 remain without
until The land sod aud the purchaser obtained posses,
ion by suit Otherwise. Bot their condition mon sign
ng the declaration, 10 than this For they no, only
Engage TO give quiet po-se,on the purcha,eT but 10
remove altogether from the land" whenever required
under the authority OF the United States" Even then II
his provision extended to the settlers upon the Creek
they had held possession upon and ever since the pas
age OF this act, and had complied with ali lie
i they would no; have The sighcs, right 10 main az
hey have been required TO rsmore under the aufhoritv
If The United States"
And this distinction 10 continued, and in the same
ord' ~ The three Acts Of Congress. which suspended
each Tor one year, the Act Of March 3d. 1907 These
heawete passed the 25fb OF March, 1916 on the 81
OF March, 1917, and The 20fb of April 1878 They
"rye temporary and have long since expired.
OS hAeeheney adv ances the opinion that this Act was
Psseu 70 prevent the sZoo pus.ers and other fsud
session Of them. "' '''''""s PO''