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

this rendered unnecessary BY your admission Of the
constitutionsiiy Of tho Act Of March 81, 1907. But
tincton now advanced, between inuders claiming end
not claiming title, has been heretofore unknown dis
regarded The settlers upon the tracts, eejed by the
tribes referred 10 by Mr. Calhoun, could only be
under this Act, there other law bearing upon the
subject where the Indian title has been xting and
those instructions general requiring all 10 he
without asking whether their object was TO "preler
claim 10 the ai they occupied TO "ocrupy these
tlcme until they should he offered Tor sale, and
go Into tho market equal terms with other persons
Extracts from iritrr oi instructions OF Mr.. G"ila,n
then Secretary oil the Treasury, dated June 81, 1870
the Secretary d War; arc also transmitted. by which you
will see, that in his application to this apartment for the
EMPLOY mrn MT Of military force the rrova OF in,ruers
he considers that hrre but classes OF persons.
who, according to law. cannot be removal viz Those
who have purchased lands from the United States and
Secondly those, who having signed the requisite declAra
tions. have received written permission the
land Thus expressly excluding the pu, by your
Excellency, when settlers occupy, without formally
claiming the land they hold. u will not he confer that
the persons the Greek lands purchasers have
signed the declarations aud received permission remain
For indeed such procedure would he wholly useless
in these even this beneficial privilege,
fined II is TO ofinruion, happening before the
passage OF the law extended to them, this declaration
and permission render necessary, "whenever from any
other cause. he they may he required under the
'hory OF the United States do to give quiet posses
sion OF such tract tracts Of land to the purchaser
chasers, TO altogether from the land, the
may be-"
There arc in the archives of the Governmcn t various
been taken, whenever circumstances required the
OF intrudcrs Ii would swell TO asonable extent
already too long were to refer to them in
detail Nor IL he Tor may DO safely
Serted that not the slightest appears any OF them
to support the ground Of exemption. advanced, il 10
believed, Tor the first time by your Exceliency.
II correct in these views follows that tho Creek
treaty, which only requires the Government to exer.
else constitutional power upon its lands, is it,
self within the pale of the constitutional rights Of the
,rea'y-making authority And as the United States,
in these removals, perform only acknow duty
becomes unnecessary TO examine the question. pre-.
sen'ed by your Exceiency. whether a stipulation OF
this nature cou be formed with the Creek tribe under
the circumstances in which they placed in the State
Of Alabama That the land the property Of the United
States rate ill the locations made seems not
to he denied by and IL it's the operation Of the Act
OF March 81, 1907, upon IL canno be disputed upon the
principles have endavorcd to maintain But YOU think
that safer the Indians placed in possession Of their
tracts ninety Of which six hundred and for
~ acres and the others three hundred and twenty each
they will certainly cease TO be public lands sincere
ly trust, there will be occurrence, which will render
The decision of this point necessary And why should
there be? Is there to be end ntru.ion Are the
settlers follow the Indians upon last mt assign
ed to them, and there obtain and retain No
contract under the treaty. for the conveyance of these
reserv atoms is Of the least validity, till il has been sane
toned by the President Of the United States Tho OBJ
ect Of this provision to protect the Indians from the
frauds, TO which they would be exposed aud insure
them just consideration for their property After the
approved the title vests the grantee
and he is free 10 take Of the land trust
will be done before, and a difficulty thus created
which may easily be avoided. The provisions of the
treaty upon this subject appear TO now, they have
always DONE perfectly within the constitutional power OF
the Government and binding In good faith upon the Uni
ted States. But it is unnecessary to anticipate cases
which may not occur. The locations yet made.
And alter the Commissioners, whom this duty is
inrusted, have determined the tract TO be assigned
Indian, the matter will be referred TO the for
final action Nor will the rights of any individual Indian
be complete ill then In the mean time, the title of the
United STATES TO the whole country is indsputable
therefore deem unnecessary advert the
lions you have presented, growing of the existing re-
atons between the Creek Indians aud tho citizens and
government OF Alabama.
But your Exceency introduces another view which IL
is proper should examine You say, But, Sir, there
is another view OF this subject which will expose in
light still glaring the utter incompabily Of this
treaty with the jurise tive rights of the State Of
You then proceed, As before observed the right of
tending the laws over the country, from which the people
ordered to be expelled is admitted the fullest
tent This necessarily implies the right of employing the
MEANS that indispensable to its exercise What are
those means As enumerated in the of the
State, and the laws made in pursuance thereof thew are
that the State shall be laid off into countless and copye
nent circuits that the circuit shall he held in each
county at least twice in every year. that the counties
be divided into small districts in each of which there
he appointed two justices Of the anil two
that there shall be in each circuit Judge Of the Circuit
Court, who shall reside in his circuit that there shall be
for each county Judge Of the County Court that there
shall be also in each county Sheriff. Clerks of the Cir
cult and County Courts Coroner Not,ries Pubic Ton
mssioners of Roads and Revenue and that there
he summoned previous 10 every Circuit Court, compe-
tent number OF Grand and Petit Jurors and like number
a ls-
ters of laws required reside in the counties to
which they belong. These the ordinary means by
which State Government put in operation and effect
given TO laws And yet the late instructions to the
Marshal absolutely prohibit the of any Of them"
The right of the State of Alabama to Extend its iursdc
ton the district in question is fully admitted The
President does not claim, behalf OF the United States
any right OF jurisdiction except sIch is every where
vested by the Constitution in the General Government
The ownership Of the land, and the authority egsate
IT, for the ordinary purposes of lfe embrace powers
entirely distinct in themselves, and which in this case
must be exercised by different tribunals The United
States constitute great andhoder, possessing under the
Constitution the right to "make all needul rules
guations. concerning their territory and other
They have made regulation, by which ntrders upon
sdent by military force In doing this they do no more
than ordinary individual, who repes the forcibe inr.
der who to take possession OF his house and
Such individual by the act Of expulsion exercises
authority, acknowledged TO he in him. But he exercises
no act OF jurisdiction He performs none Of those func
lions OF supreme authority included in the very term itself
and essential 10 the OF debating what
shall be- In like manner, the United States while re-
moving the settlers beyond the boundary Of their posses
sions, assume other control him, and leave him 10
the ordinary operation OF the State laws.
1t cannot be denied but that the removal of the
from the coded country will be attended with much incon-
venience: and sincerely wish the necessity of the
sure could be obviated And far this can be done
by vigorous prosecution Of the business locaton no
the power Of this department will he SPARED IN
effect it, And its execution will leave the settlers in the
condition all other persons are placed who orcu
py public land where thsre treaty stipulation, re-
quirng their eviction But, while acknowledge and Ia
ment this nconv enence, cannot admit the ps
derived from can outweigh the positive requsons Of
solemn covenant under which the u States acquired and
by virtue Of which they hold the district in question: and
which formed OF the principal Undue nts
upon The Indians 10 make The cession.