Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-02-09

OF the country. You Will allow no en-.
croechmcnt on either side. Both toiH be
protected in their person and property.--
You will prevent, as far as practicable, all
| collisions between your troops and The In.
dams You will also prevent any inter.
ference on the part of the Georgia troops
with the Cherokees.
AT all events. you will prevent any I'M
proper exercise of military control over
the lnd'ans or the white lnhabltants,--
| The whole subject is left to your sound
discretion, taking care to do nothing that
will bring you in conflict with the au,hori-
ties OF Georgia. The sovereignty of the
State and It's laws must be respected
! You will recoIlcct, in your proceedings,
! that the State and the citizens are etlll la
boring under state Of excitement, caused
by the crueItles Of savage warfare
Therefore great prudence and discretion
should be exercised in all your intercourse
with the nation, and particularly in all
measures which might have a bearing up
on the rights and interests Of the State and
People of Georgia"
Again, on the 10th Of August. tho Court
will find transmitted to Gen. Dunlap the
following instructions: Captain Vernon,
stationed at New Echo,s, informs me that
John Ridge has complained to him tina,
somo white man is about to take forclbe
possession Of his ferry on Coosa rver.-
You will without delay, inquire into the
case, and If you should find the complaint
TO DO just, you will, until further orders.
protect Ridge 10 bis rights and property.
This order will apply 10 all cases of sim.
liar character in the Cherokee country.
In youy proceedings
you ,ciN be governed by your instructions Of
The 4h inst Ridges ferry was IN Ala
bama.
Ey examination Of the testimony of Cap.
tain Morrow, Colonel Byrd, Captain Shaw,
and Major Lyon, the Court will discover
that | give similar instructions to every
i officer ordered on command, and particu.
lary TO Captain Morrow, stationed near
! Gun,er's Landing. Alsb,ma. and yet |
have been charged by his Excellency c..
:. Clay, now Senator Clay, lin violation
" the laws Of AIabama.) Of assuming the
Iower Of adjudcating and determining the
light Of possession or ownership of land
md improvements thereon, and Of dispos.
'essing one claimant, and suppan'ug him
With another by military force. Under one
# these decisions, a conflict took place IL
n the county Of Marshall, as the Govern
or states, (which resulle in the death Of
Two individuals, certainly, besides the
most serior- injury to others some Of whom
it Is feared. may yet die of their wounds. ;
The letter Of his exceIlcncy is 80 far
correct in this, that did, on the occasion
alluded to, and at other times, dispossess
white men Of Indian improvements, which
they had unjustly taken, and "supplanted
them" not with another white man, as il
might be inferred, but with an Indian
claiming the benefits and protection of the
late Cherokee treaty and for this be.
'ieve that | was fully warranted by the
letter and spirit Of the treaty, and that
Justice demanded the exercise of such a
power. On this point shall have occa.
sion to speak more fully hereafter.
The facts of this case are simply these;
The heirs Of John Gunter, ST.. deceased,
through their administrator of the estate,
Mr.. Riddle, applied to me TO restore them
10 the possession of q certain improvement.
which they claimed, as Chcrokees, under
the treaty o! 1885, then in the possession
OF Nathaniel Steele. Having satisfied
myself by thorough nves'lgatlon that il,
was an Indian Improvement, and TIM, it
rlghtfully belonged to the heirs OF John
5 Gunter, sr.. deceased, and that Steele had
{ no claim whatever 10 it,, | considered it
|, imperative duty, having the treaty before
me, which ! could view ia no other light
than part of my InsIruc ions, to transmit
6 the Instructions before the Court Of the Sd
9 Of June, marked G, to Captain Morrow.
n You have it in testimony before the Court
!, that these instructions were obeyed, and
. the administration put in possession. would
however, call the attention Of the Court TO
q tho concluding paragraph of these nstruc.
U 'ions rs clearly indicating my desire in no
= wise to interfere with that which properly
n belonged to the civil tribunals Of the coun-
Il Try.
q 1t will be remembered by the Court tina,
a MIR. Riddle was an officer acting under the
laws which am charged with having out
ragged and tranpled upon. That he states
in his testimony, most explicitly, that he
y applied to me for relief, because he believed
he had no adequate remedy under the laws
Of Alabama. also refe, to the very clear
= es'imony Of Captain Morrow on this point
u wish it also to be understood that the
: Government of the United States was dis
tinc,ly informed. and approved of the
. course, for which have received the de.
= nuncations of the Governor of Alabama
For this purpose would refer the Court 10
i my letter Of the 18th August. 1886, to the
t honorable Lewis Cass, marked 5, enclosing
instructions TO General Dunlap, Of the 4th
= and l2th of August, and the answer to that
: letter dated the LIST Of September, marked
s. also, to my letter of the eth of August
d marked - and the answer Of the acting
e Secretary OF War, of the 18th of Septem.
y Der, marked 3; to the letter of the rresl
e dent Of the United States, of the 7th O