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

I
Tor next paper with such other documents you may
wish published.
We are, with much esteem, yours. very respectfully,
BRUMBY & BREVARD.
His ExceIency john GAYLE
GENTLEMEN 81 can no objection to aging before
the public, the letter you refer TO- the Secretary of
war, aud send you copy sgrceahy your request
send also copy of my reply which contains IA,
AT length, the entertain in relation the orders OF
the gov ernmeni Tor the reino,o al of the settlers.
am, S'rs, respectfully, your obedient servant.
Messrs BRUafDY s BREvARD
DEPARTMENT. OF WAR, September 9th. 1888
SIR IL have had the honor receive, lay be-
fore the President, yours OF the 10Th ul,mo, have it
in charge To communicate to his views upon
Jec oil the lnrudes upon the Creek lands which you
refer.
The which has resulted in the death of AN
individual is much TO he deplored Whether the crcun-
stances such as 10 justly the act, is Tor me
Judge. 1t is the wish OF the Departments that
the force employed in this unpleasant duty shall be APP
piled TO produce the desired result with the least
possible injury 10 individuals aud with the greatest
bearance; aud such will be found to DO the spirit of all
tho instructions, which have been issued.
, ahe treaty 10y which the Creek Indians in March,
1882, coded TO the United States their possession Ala
bama contained this stipulation.
Article 9Th" All intruders upon the country hereby
coded shall be removed hererom in the same manner as
nruders may be removed by law from other public land
until the country is surveyed, and the selections ade
excepting however from this provision, those white per-
sons who have made their improvements and cx-
PEELED the Greeks from theirs Such persons may remain
ed and the selections made, this article shall operate
upon that part Of it no, included in such selections But
inruders SHALL in the manner before described, be
moved from the selections for the OF five years from
the ratification OF this treaty, until the same are con
veyed TO white persons"
II will be SEEN that by this Article the Government as
sumed upon itself the obligation removing intrders
from this land in the ntruders may be
moved by law from other public land The ',nanney''
herein referred to- prescribed in the Asst Congress
passed March Sd, 1907 entitled San act TO prevent settle
ments being made on lands coded to HE United States
until authorized by law This Act provides for the inter
position OF the Marshal and the employment of Military
force under the orders of the President furnishes the
authority, by virtue OF which the proceedings in Alabama
in relation 10 this subject, have taken place
There two limitations this obligation. One ex-
ccps from its operation "those white persons, vino have
made their improvements and expelled the Greeks
from theirs such may remain Till their crops
gathered AS the season herein alluded 10 has passed
away, and the crops been gathered this provision no
longer applicable to any settler upon these lands.
The other m alton is lie district If country confn-
ing the oblis alton, ot the Government move intru
ders 10 the tracts located for the Indians, the conn
try is surveyed and The selections made, aud leaving the
duty OF removal imperative the whole cession until
both OF these objections accomplished The country
is surveyed but the locations are not yet made and
considerable time must edpse before this is d.ne No
eXei ions the part OF the Government will be spared TO
accomplish this object speedily possible, but ON re
ports which have been made that mposiions have been
pfacilsed upon 'e Agents employed IN taking the
and that more than Two thousand Of are re
turned upon he lists, Who are not cnt led reservations
and from TIE consequent cess:y Of gI exainua lion
well f. ON the snd OF the locating ,
ties, it is evident that this business will occupy some
months.
is obvious therefore that the treaty imposes upon the
Government the duty Of removing nlruders these
lands. IL is equally obvious, that the mode removal is
prescribed in that instrument, AMI specifically provided
by an Act OF Congress- and may add the fact that The
whole subject was fully explained the Creek Chiefs
previously TO the execution OF the treaty. aud that they
were told what were the legal powers OF the Cove rnent
upon this subject, aud how they wou into fleet
These Chiefs exceedingly anxious lhat sipula
ton should he inserted providing for The extension OF the
IN a.
the whole jurisdiction in the United States But they
were explicitly told that the President could not and
would not assent this But that The land by the ces.
sion would become the property OF tile United States all
inruders from ii should be removed as they may be re.
moved from other public lands In this, some tnle
an! with some reluctance, they acqnicsced.
have the honor enclose copy OF opinion of tho
At ofney General, by which you that that off Ger
considers the right aid tie duty the President 10
c"use these removals 10 be madc-lndeed ! am not
aware that the Cors'iu,onality oil lie Act Of Congress
Of March 3d, 1907, Tor preventing settlements upon the
public lands has bern called in question: the con-
sideraions connected will, the subject obvious,
10 preclude all reasonable doubts upon The matter.
Here thcnis positive Duty and 'ckIow led ed
stuienal authority, requiring the int pOsition OF the
President ia tue under consideration. Are there any
circums ances so imperative in their character u
~ the ne lect OF the assumed bv Inc G.
ment in the Geek treaty?
In order, Sir, that you may have full view Of
this matter have enclosed copies Of various instructions
aud other papers having relation 10 it, These will place
you in possession OF the principal facts.
Since the ratification OF This treaty. repeated
lions have been made to this Department. by the public
Agents, by respectable individuals and by the Indians
that gross and wanon oureges have been committed upon
the latter by persons who have nrued upon the coded
lands 1t has been stated that the houses OF the Indians
have been fOiciby taken possession Of and
burnt, and the driven into The woods that their
fields aud improvements have been wresled from them
and occupied by white PERSONS that aggravated injuries
have been committed upon the persons Of the Indians, and
dt their horses cattle hogs and other property have been
orciby taken from them. The appeals of the Chiefs
the Government 10 carry the treaty into effect and A.
ford their people protection, have been repeated and
chile They represent that their crops have been taken
from ihcm and they look Orw ard TO state OF
unless decisive step is adopted in their favor And
in addition TO all this the Deputy Marshal reports that
dians upon the ceded lands
That this state OF things requires change cannot b,
doubted. Surely no one would expect the Government
TO sit still and witness such aggression without any enor
TO prevent them. You suggest that lc law Of Alaban;
providing Tor the removal OF infules by actions OF oTC
protection of the Indians, and propose proceedings unde
it should be adopted with that view. To this suggestion
the President two objections.
ls The treaty expressly pfOvdesa different mode ant
therefore leaves discretion with the Executive, and,
81 There severy TO fear that the remedy point
ed out would, ii adopted, be found wholly insufficient
Looking tic condition OF the Indians. the intrusion
among them the injuries they LA suffered and are ex
posed TO- the difficulty OF proof and the great delay which
would attend the prosecution OF such number Of las
suits, and IN community, which could not but be excite,
upon The subject il would be vain to expect that the pro
lection promised could in this way be insured.
You do justice TO The feelings OF the President IN stat
ing il your belief that he Is disposed, IT,
treaty be carried effect 10y such only
clearly authorized 10y the Constitution and laws" Their
is the slightest wish. unnecessarily 10 nIure
Inc settlers upon these lands. we'll aware Of uu