The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-17
THE DAILY UNION

propriety of making such amendments OF the laws
regulating intercourse with the Indian tribes vii
subject 20 trial and punishment In the courts OF IN,
United States, all Indians guilty OF murder, and such
other ielonies as may be designated, when commit
ted on other Indians within the jurisdiction OF Tho
| United States.
Such a modification of the existing laws is sug
gested, because, il offenders against the laws Of hu
many in the Indian country are eit 10 be punished
by Indian laws, they will generally, II not always
be permitted TO escape with imPunty. lhs has been
the case in repeated instances among the Cherokees
For years, unproyoked murders have been commit
ted and yet no effort has been made TO bring the Of
tenders 10 punishment Should this state of things
continue it is not difficult TO foresee that the weaker
party will be finally destroyed. AS the guardian Of
| the Indian tribes, the government OF the United
States 10 bound by every consideration OF duty and
humanity, TO interpose TO prevent such disaster.
| From the examination which | have made into
the actual state of things In the Cherokee nation,
am satisfied that there is probability that the diff
ferent bands or parties into which II Is divided can
ever again live together in peace and harmony, and
that the well-beng of the whole requires that they
should be separated and live under separate govern
ments, as distinct tribes.
That portion who emigated TO the west of the
Mississippi prior to the year 1919, commonly called
the "Old Settlers" and that portion who made the
treaty of 1885, known the Treaty party, il is be-
lieyed will willingly unite, and could live together in
harmony. The number Of these, as nearly as can
be estimated, is about one-thrd Of the tribe The
whole number Of all the bands or parties does not
probably exceed twenty thousand The country
which they occupy embraces seven millions OF
acres Of land with the privilege Of an outlet to the
western limits of the United States. TINS country
is susceptible of divison, and Is srge enough for
all
| submit to Congress the propriety Of either d.
yiding the country which they at present occupy,
or Of providing by law new home for the one or
the other OF the bands or parties now in hostile
ray against each othsr as the most efectual If not
the only Of preserving the weaker party from
massacre and total determination. Should Cong ress
favor the division Of the country, suggested and
the separation of the Cherokees into two distinc,
tribes Justice will require that the annuities and
funds belonging to the whole, now held in trust fo
them, should be equitably distributed among tn,
parties, according to their respective claims ane
numbers.
There is still small number of the Cherokee,
tribe remaining within the State Of North Carolina
who, according to the stipulations of the treaty o
1885, should have emigrated with their brethren Il
the west Of the Mississippi. Ii is desirable tina
they should be removed; and, in the event Of di.
vision of the country in the west, or Of new home
being provided for portion OF the tribe that they
be permitted to join either party, as they may pre-
fer, and be Incorporated with them.
submit the whole subject to Congress, that such
Legislative measures may be adopted as will be jus
to all the parties bands Of the tribe. Such meas
ures am satisfied, the only means Of arrestins
the horrid and nhuman massacres which have mark
ed the history of the Cherokees for the last few
years. and especially for the last few months.
The Cherokees have been regarded as among tn,
most enlightened of the Indian tribes; but expert
ence has proved that they have not yet advanced t.
such state of civilization as to dispense with tn,
guardian care and control of the government Of thu
| United States.
| JAMES X. POLK.
| Washington April 49, 1886