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

President md also "a that from the War Office, Ocio
Der l2le36 GeneraI woois directed TO consider the
9th artre Of the said tfsaiy which conlen even shgh
or power on the commanding officer than the 10th, ss
applicable to the Cherokees whilst yet residing within
he geographical limits Of North Carolina Georgia. Ten
nesseo and Alabama, and consequently that he, Gen
Wool was by the 10Th Article, fully invested with the
inferior power OF reposscssng Indian claimant OF Inn
provements wrongnlly withheld bya white intruder not
recognized BY the Cherokees one Of their people.
Again. the instrument agreed upon by the United States
aud tho Cherokee Nation, and ratified by the Senae OF
the United States May %, 1896. being Called upon its
face trrafy and repeatedly referred such by the
President and Secretary OF War; General Wool naturally
considered such instrument 10 spoken Of IN the
I'd clause article 9th, Of the Constitution OF the United
States that is the supreme law OF the land; and
consequently believed HIMSELF under il and his instruc
tons TO possess the right, well the power, to do
Justice in the Cherokee country, 10 Indian complanafts
without usurpnp the power Of the civil tribunals Of Ala
bama or that OF the tribunals OF the other particular
States mentioned Without, however, pushing this
view OF the subject any farther which might be l,npro
per in military tribunal, this court is Of opinion that
General Wool in the acts rected aud complained OF,
cannot be Justly charged with having usurped powers
belonging TO The courts of Alabama.
IN he letter Of his Excclency Governor Clay, TO
the Secretary Of War, dated July 3, 1887, before the
Court there is an incidental mention OF another letter
from the same the same, complaining OF other acts OF
General Wool perhaps Of the same. similar charac-
ter to those already noticed but this letter not having
been submitted 10 this by the proper authority,
and It's contents unknown except by conjecture no tes
tmony has been takcn and opinion is here given
its subject.
.The attention OF the Court in its order Of appoint
men has also been directed TO others under his (Ge
neral Wool's) command in reference to the matters
complained Of; but the Of no other officer given
in that ORDER or mentioned by the Legislature or Exccu
tive OF Alabama in the papers, from them submitted
TO the court 1t has however, been incidentally dis
CLOSED by the evidence that Captain Morrow, command
ing a company OF Tennessee Volunteers, i" the tempo
ray service OF the United States, the individual
charged with the execution OF General Woods decision
relative the Improvements Of John Gunter. deceased,
which were in the possession Of Nathaniel Steel In re-
ference this excellent officer, Captain Morrow il is
sufficient to say that he acted in strict conformity with
the orders Of his superior, and in such de-
mand and receive the emphatic appreciation Of all the
parties claiming those Improvements may be
in their respective letters to him, annexed to the pro-
ceedings Of this Court"
H. Che PRESIDENT or THE UNITED STATES APP
proves the proceedings in the foregoing case.
iii, The Court Of Enquiry Of which Brevet Major
General ScorT is President, is hereby dissolved.
by order Of ALEXANDER MAcoMB. ~.
Major General Comma nting IN Chief.
r. JONES.
Adget Generai