Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-08
POLITICAL.
+ From the Washington c,o..

anu reasongs set or'h and have found the Editor mis-
informed III the one, and mistaken in the other. And
the subject is somewhat important shall state the
suit OF our inv esgaon TO readers
The 9th article Of the treaty March 81 1892
with the Greek Indians contains the oilo,yn
All nirulers upon the country hereby ceded shall be
removed heretom in the manner intruders may
be removed by law from other public land, until the couI
try is surveyed and The selections made; excepting how
ever from this provision, those white persons have
made their ownimproveents and expelled the Creek.
from theirs Such persons may remain until their crops
are gathered. After the SURVEYED aud the
ectons made this article shall not operate upon that port
oil il not included in such elections But ntrders shall
in the manner before described, be removed from these
selections Tor the OF five years. from the
oil TINS treaty, or until the conveyed TO white
persons"
This treaty coded to the United States an the Creek ter
ritory IN Alabama The Creeks had the right Of occupy
ing portions OF IT, la the manner therein pointed Tor
hve years. After that tme they would receive titles
their individual tracts, and be placed in the sua-
ton as other inhabitants OF the State.
The Editor OF the Journal surposes that the power of
removal is derived from the Act of lSO2 and
thence draws parallel between this OF the
Cherokees in 'Orgia. But his is obvious No
power is claimed under the Act OF 1902. That Act
iers upon the United States ire jurisdiction the
Indian country. Put provides, thai shall not extend to
lands surrounded by set dement's OF the United staes
and being within the ordinary ju isdc,on any Of the
individual States by the Limitation therefore OF this
Itself, when our settlements surround the lRdiars
the States extend their laws them, its provisions be-
come Imperative and the power Of the government
he subject ceases This the case with the Cherokees
in Georgia, and with the Cre.k in Alabama; and here
fore the Intercourse Act of 1892 by its own terms in
operative in each Of those States.
But the authority, under which the ais in Aaba
ma are directed, is found in the Act OF Congress March
D, 1907, entitled An ACT TO prevent settlements being
made on lands coded TO the United States until authorized
by law This Act, as is well known, passed upon
the suggestion OF MIR. Jefferson, and carried into
feet by him in the City OF New Orleans in the of Mr.
Livingston. The facts Of that disputed but the
constu,ionalty of the law called in question
Its principle is in fact acted upon in private every day.
and we all recognize the right OF person protect his
property, aud to expel ntruders from it, IL claims u-
risdcton, but only the right to respassers found
upon its property IL leaves to the Courts the State
their full authority and reserves to itself nothing which
does not belong TO every community and individual
The government Of the u. s. is great land holder and
IT also claims similar right TO all persons, who
attempt TO take possession ots land IL would be strange
indeed ii the government compelled every case
OF intrusion, to resort TO tedious lawsuit
well as land might be taken possession Of and kept Tor
indefinite period Of time The Act of Congress, which
we refer, after providing that person shall take pos
session OF or make settlement upon any lands coded or
secured 10 the u States by any with fore
nation or by cesson OF State the u S. declares
sit shall be lawful for the President of the u
States direct the Marshal or officer acting az arsh
in the manner hereinafter directed; and also such
other measures, and TO employ such military force,
may Judge necessary and proper to from lands
ceded secured TO the Unified >ate by treaty or
rs Aforesaid, amy person persons who shall hereafter
lake possession Of me same or attempt TO make settle
ment thereon until thereunto authorized by law III will
be recoieced that Alabama coded to the u States
by the State OF Georgia) The difference between the
OF the CherOkees in Georgia and the Creeks in Ala
bama Is simply this Neither within the provisions
OF the intercourse OF 1902 because the laws of their
respective States are extended over both The act of 1907
Cannot operate III Georgia. because the land does
long TO the United States But i'm Alahams, the Creek
ccsslon conveyed the property OF the land 10 the Govern
nen and the Government has therefore right remove
niruders from it. The obligation the Government TO
do this will not be disputed, when the provision of the
Creek treaty. which we have already qu0ed is referred
to- But have been informed, that The Creek Chiefs
have made repeated applications to have treaty en-
forced We have been furnished with the following ex
tract from one of their communication:
"Ihe fIrSt OF COMPLAINT the ire, ~ hear
complied with, is that the inuders have been
ed and that its extension since the treaty has been greatly
augmented Instead Of situation being relieved as
was an icipated, we arc distressed in tenfod manner
We surrounded by the whites with their fields and
ened Tor lear we should make choice OF their improve
ments We are prevented irom building new houses OF
clearing new fields. We have for The last sir months
iived IN lre, hut we have borne il with patience sc.
That the complaints of the Indians were not without
foundation Is evident from report OF the arshal oil Ala
bama OF The last season. which lie says - entered the
territory coded, near Montgomery, and proceeded from
thence TO Chaahouci River. On examination found
eighteen intruders1hey have emily taken The land.
OF the Indians from them and burnt aud destroyed their
houses aud corn, but used violence their persons
indians had fled forty fifty miles Those persons who
had been guilty OF nruson ordered 10 leave the
country. From threats and from them, ordered
detachment OF troops from Fort Mitchell for the purpose
OF facilitating business and my security e then
states the situation OF niruders in oher quarters OF the
cession.
The Indian Agent, about the same period, reports
1.-The principal chief Of that with me yesterday
dias; the most Of f'em IN The woods without the
OF subsistence hiding from the iDruders, who the
cruelty when they meet with them"
The Creek chiefs also said the Cove rnment "The
conmunic alton from the War Department. dated Office of
Indian Affairs Oct. 10Th, 1882, in reply our let
OF 9Th Sept has been received and its contents are
satisfactory people. We yet in some degree
mocsicd and harrasscd by ntruders upon occupied
lands are however sensible OF the proprety OF and
will pursue the suggestion contained the which
this communication is answer to exercise orbesrance
and patience under our multiplied difficulties in the
bdcn expectation that the Government will bear in mind
at has assured u.s. that it is its desire constant
fort TO benefit people. Before concluding, would
merton great Father that many desperate and
pnciped white have, since the ratification OF the
treaty, entered nation and avc taken INDIAN wives,
with the sole view Of enjoying the privileges and
ing TO themselves the benefits guaranteed people
in the treaty, ~ the selection and ownership Of
These abandoned and desperate rapidly collect
ing among us, and under color OF authority Indian
cOunrynen, seZlng and occupying our most vaua
bic lands. We hope great Father will order their
moval."
No candid man doubt the duty of the government
these circumstances ~ enforcing tho provisions
the treaty II h believed, that his done by the Mar.
saI OF Alabama, with much tenderness as possible
None removed, but those who, in defiance Of law
and justice had obtained possession Of indian lands and
held them 10 the great injury Of the Indians
But the Editor OF the Journal states, that the govern.
nent has, through repeated communications TO every
persons 10 settle IN the nation provided they do not inter
icre with the occupancy OF the Indians, inasDuch
said that such would be permitted TO remain"
We feel justified saying from the inquiries have
made that this statement - essentially incorrect ana
have been allowed copies OF such documents refer Il
understood, that IN consequence OF the renewed
plants of tire Creek Chiefs late the last autumn wa