The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-27
go UNION: WASHINGTON THURSDAY MORNING MAY 81 1852

duty IL is be hoped thar public opinion will dscounte
any attempt haass them So far circunl-
stances can be collected from tho papers transmitted,
would appear hat no opposition had been made by the
andng officer 10 the service OF the subpmnas Issued
require the attendance Of the soldiers The officer
admitted within the fort and permitted search Tor
Process contempt issued gainst the
commanding officer, though for what does not APP
The Executive has the MEANS and il he had
the authority 10 inquire into e exercise Of their ursdic
lion ny the courts OF the State OF Alabama. e4
But the circumstances attending the possession OF the
ded country cannot escape the observation Of excel
ency any more Than OF the President and they certainly
ncucate lesson OF orbearance which hope will not be
overlooked Instructions have been given for the removal
TO Tho district court OF Alabama OF all prosecutions ns
uted against the acting in this matter under the
authority Of the United States, far the law contains
provision Tor such removal. .A"
And prosecutions have been ordered be commenced
agains, all found upon the cededand after the day
liked by the marshal Tor their removal.
LEWIS CAsS.
His excelency Governor j. GAYLE, of Alabama.
The War Department issued orders instantly the DIS
rct8uorney, and 10 the proper officers there, 10 submit
to the judicial authority OF the State. The following IS
an extract from that letters
WAR DEPARTMENT. October %. 1888.
SR, IL has been reported this department that indct
have been found in OF the of the State OF
Alabama. against the Officer and OF the soldiers, who
were present AT the time Mr. Owen was killed and II mas
been represented that will probably be
Instituted against all the officers and persons, civil and n
instructions the government removal of ntruder
from the public lands in Alabama.
OF justice 10 the who may be thus exposed TO those
prosecutions, to have every proper measure taken for their
e S as s and nisi
question OF the discharge OF the prisoner and such other
proceedings asmay appear TO him to be in conformity with
the law.
The commanding officer was ordered to open his fort,
to let in the civil officers surrender the individual COM
hitting the MURDER and submit to the civil authority
Of the State of Alabama in all respects Here is letter
from the Department of War to Major Mcintosh, at that
time commanding at Fort Mitchell, in which he says:
WAR DEPARTMENT, October 20. 1888
Your letter of the 2lst inst Major General Macomb,
has been laid before me- and in answer have 10 inform
legal process upon any officer soldier under your
mand whether issuing from the courts OF the State OF Ala.
bama Of the United States On the contrary, you will
give all facilities to the execution OF such pro-
cess. a4
military force Of the United States should be brought
into collision with the civil authority 10 all questions of
later and no ut interfere with that duty.
IT, therefore, officer of the State, Of the United States,
soldier Of your garrison. You wlfreely admit him within
your post and allow him his writ undstubed
Major MclNrosH. United States Army.
What was the order given to the young officer who
commanded the party which killed Mr.. Owen | will
read II:
WAR DEPARTMENT, October 20, 1888
SR have received your letter of the 10th instant, and
gans, YOU for anH act done in the execution Of the in
struoons Tor the removal of the ntruders from the public
have stated your request to the Presiden, be ordered
another post but he does consider such measure
Ii far better that you should remain your station than
that you should leave there with indictment pending
over you.
The district attorney of the southern district OF Alabama
has been directed conduct your defence, and
writ Of habeas corpus in order 10 carry before
the district Judge then for your discharge.
He has also been instructed TO give you his advice and
assistance the whole proceeding. this day writ
Item tn to W L
You viii pay particular attention to what have said 10
him the subject OF submitting judicial process.
The President deems il the duty OF the government TO
who may be prosecuted Tor carrying these nsruc-
'''' '"'0 eH''" LEWIS cAss.
Breve, Second Lieut.. d. A. MANSIsG, w. ). A.
letter 10 Major Mcintosh declared that the govern
meni would defend his acts and the letter to the district
attorney was OF the same purport
Here is the letter 10 Major Mcintosh:
WAR DEPARTMENT November y, 1893
SR; Ia consequence of suggestion made by Mr. Key,
by the President inform you That he
the pecuniay responsibilities which you cesary
become liable, In the proper execution OF tue orders 70
der command In the removal OF the ntruders from the
Geek lands 10 Alabama.
Very respectfully, &c, ,, 80,
Major J. s. McIsrosu United States army, Alabama.
Now, 10 show how forbearng the government 10
the settlers, allow TO read letter addressed 10 you
Mr. President, and the other members OF the Alabama
delegation, to show that The government did no more
than obliged 10 do and that what II did IN the
true spirit oil conclation;
WAR DEPARTMENT, December 8, 1892
GENTLEMEN Ia your letter Of the 9Th instant,
have the honor inform you that In the execution Of the
spnlaons OF the Creek treaty, IL Is certainly the wish OF
the government avoid all severity towards
citizens who located any OF the coded
territory Il is duty Of the Executive preserve the
public faith, and TO fulfil, the Of the United States,
tbosc compacs under which the Indians very
important and valuable rights Is to be hoped that every
citizen Will feo and acknowledge the obg OF the
government upon this subject and will ntepose no I'M
difficulty the execution OF this duty. Taking
Into view the facts that for agricultural labor
will arrive for time, that the surveys ara nearly
competed and that they received, the oca-
tohs of the ind vidu reservations Will be made and the
tract selected for each will be assigned and delivered to
him. do that Injury would result 10 the In.
dams by permitting those persons who obtained peaceabe
possession OF the land which they live and do not re-
tain Il TO the exclusion OF any Indian justly entitled to IT, to
occupy these Nh the several locations made.
IT. however any OF them are selected Tor the lncians
will be expected that the occupants renqnsh possession
within thirty days after such selection Is made.
THIS arrange ment me 10 be equitable one,
and trust will be satisfactory 10 all persons Interested m
the subject
possession will be relinquished the Indians that the
goyenme will be compelled resort for that pur
pose, 10 which am anxious to avoid
Instructions win be given In conformity with these views
Very respectfully, &c., LEWIS CASS.
Houorables w. Il. King, c. q. Clay, ). w. mardis
Members OF Congress.
Here are two letters from Mr. Francis S. Key man
OF high character, who went mission TO Alabama
and who took his instructions from The general gov
eminent, and attended the sessions OF the legislature
people OF Alabama were perfectly satisfied with the
course Of the administration in relation 10 this whole
matter.
Extract OF letter from +. s. Key 10 the Secretary Of