The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1837-10-10

gles OF which was MASTER -. In requisition.
The testimony before the Court will show thai de-
voted myself increasingly TO accomplish the objects
OF my mission 10 the Cherokee country, 70 execute
the treaty honorably TO the Government and Justly to
the Indians have the satisfaction OF believing thai
the measures adopted would have produced the de-
sired effect The Cherokees were beginning 10 re-
lax in their opposition and were making prepara-
lions for removal tothe West.
have thus endeavored, Mr.. President, briefly to
lay before you the state Of the Cherokee nation in
August and September, 1886 II, al that time had
been sustained in my by the Government of the
United States, and the Commissioners had been pre-
sent 10 enter upon the discharge OF their duties al
the same time, have no doubt and think will be
sustained in the declaration by the more intelligent
part OF the nation that al least five thousand Of the
Cherokees would have removed 10 their new homes
during the last fall and winter. This would have in
duced The removal Of The residue of the nation with
out trouble or difficulty.
As an indication OF the course pursued by me dur
ing my command in the Cherokee country and as
showing the means by which acquired the conf
dence Of the Indians and the appreciation of the
white citizens OF the nation and the neighboring
country, would call the attention of the Court to
my communications 10 Brigadier General Dunlap of
the 4lh and 18th Of August 1886. In that Of the 4h
OF August, the following directions will be found
You Will proceed without delay, TO New Echola,
and such other parts of the Cherokee nation, within
the limits Of Georgia. as may be necessary 70 give
protection both to the Cherokees and the white nha-
bilants residing in that section of the country. You
will allow no encroachment either side. Both
vtH be protected in their persons and property You
will prevent as far as practicable all collisions be-
tween your troops and the Indians You will also
prevent any interference on the part Of the Georgia
troops with the Cherokees.
Al all events, you will prevent any improper ex-
ercise OF military control over the Indians the
white inhabitants. The whole subject is left 10 your
sound discretion, taking care to do nothing that will
bring you in conflict with the authorities OF Georgia.
The sovereignty of the State and its laws must be
respected You will recoliect, in your proceedings,
a state of excitement caused by the cruelties of
savage warfare. Therefore great prudence and dis
creon should be exercised in all your intercourse
with the nation, and particularly in all measures
which might have bearing upon the rights and in
terests Of the State and people Of Georgia"
Again, on the 18th Of August, the Court will find
transmitted to General Dunlap the following in
slructions. "Cap.lin Vernon, stationed at New
Echota informs me that John Ridge has complained
to him that some white man is about TO take forcible
possession of his ferry on Coosa river. You will,
without delay inquire into the case, and il you
should find the complaint TO be Just, you will until
perry. This order will apply to all cases of similar
character in the Cherokee country.
In your proceedings gou ,ciu be gorerned By year
araetions Of the All instant" Ridges ferry was in
Alabama.
BY examination of the testimony of Captain Nor
row, Colonel Byrd, Captain Shaw, and Major Lyon,
the Court will discover that gave similar nstruc-
tions 10 every officer ordered on command, and par
%
Landing, Alabama, and yet have been charged by
his Exceency, G. C. Clay, now Senator Clay, Tin
violation of the laws Of Alabama Of assuming the
power of adjydicating and determining the right Of
possession or ownership Of land and Improvements
thereon, and of dispossessing claim, and sup
planting him with another by military force. Under
one Of these decisions, conflict took place in the
county of Marshall, as the Governor states (which
resulted in the death Of individuals certainly,
besides the most serious injury to Others some Of
whom it is feared may yet die Of their wounds"
The letter Of his Excellency is SO far correct in
this, that did, on the occasion alluded to, and at
other times, dsposscss white men Of Indian improve
ments, which they had unjustly taken and sup
planted them" not with another white man, as it
might be inferred, but with an Indian claiming the
benefits and protection of the late Cherokee treaty
and for this believe that was fully warranted by
the letter and spirit of the treaty. and that justice de-
manded the exercise of such power On this point
shall have occasion to speak more fully hereafter
The facts of this are simply these. The heirs
of John Gun,er, senr deceased, through their ad-
ministrator of the estate Mr. Riddle applied to me
to restore them to the possession Of a certain i'm
provement which they claimed, as Cherokees, under
the treaty of 1885 then in the possession of Nathaniel
Steele Having satisfied myself by thorough in
vesgation that it was an Indian improvement and
that it righfuly belonged to the heirs Of John Gun
ter Senr., deceased, and that Steele had no claim
whatever to it, considered il my imperative duty,
having the treaty before me, which could view in
other light than part of my instructions, to trans
nit the instructions before the Court, Of the Sd of
June, marked q, to Captain Morrow You have il
in testimony before the Court, that these instructions
were obeyed and the administrator put in possession
would however, call the attention of the Court to
the concluding paragraph Of these Instructions as
clearly indicating my desire in nowse to interfere
with that which properly belonged to the civil trbu
mails of the country
1t will be remembered by the Court, that Mr.. Rid
die was officer acting under the'laws which am
charged with having outraged and trampled upon.
That he states in his testimony most explicitly that
he applied TO me for relief because he believed
he had no adequate remedy under the laws of Ala
bama. | also refer to the very clear testimony OF
Captain Morrow on this point. wish il also to be
understood that the Government of the United States
distinctly informed and approved of the course,
for which have received the denunciatons of the
Governor of Alabama. For this purpose ! would
refer the Court TO my letter OF the 18th August 1885,
to the honorable Lewis Cass marked 5, enclosing
instructions to General Dunlap, of the 4th and 18th
of August and the answer TO that letter, dated the
LIST of September marked 6also to my letter Of the
9th OF August, marked Z; and me answer OF the
Acting Secretary of War, Of the 18th OF September,
marked 8 the letter of the President of the United
States of the It'll of September marked TO- the fol-
lowing extract OF which is very explicit: Should
you find any evil disposed white man in the nation,
exciting the Indians not to comply with the treaty,
you will forthwith order HIM them out of the ma
tion and if they refuse to go, the facts being tho
roughly established you will take the steps necessary
put them out. Such characters must be considered
in the light of intruders prohibited by the treaty
from living within the limits OF the nation Again,
in my instructions of the 18th Of October marked
l3 it will be perceived was authorized not only to
have dispossessed Steele but to have turned him out
Of the country. For II is there laid down. that If
any Of our citizens enter the Indian country, and
incite opposition to the execution of the treaty, you
will ascertain whether there is any law Of the State
which can be brought to bear upon them, and under
which they can be removed Ii they cannot be
reached in this way II is the opinion Of the Presi-
dent that they may be removed under the 9th article
of the treaty in which the United States guarantee
that the Cherokees shall be protected against inter-
States, who may attempt to settle in the country with
out their consent.
Thus it will be seen Mr.. President that my course