The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-27

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Ia pursuance hereof they arethat the State
ss be- laid on into and convenient circuits that
he ccu shall be held In each county at least twice
wear that the counties shall be divided Into small
.rets each OF which there shall be appointed two
s. OF The peace and consabies that there shall be
l circuit Judge of the circuit court who shall reside
u hs crcuy thar there shall be Tor each county Judge
C1aaIy sheriff. clerks Of the circuit and county courts
coroner, notares public, commissioners OF roads and
reyenns, Mo svs1y einai, court a com nna
Ter Of grand and petit JURORS and a like number OF
nrws are required reside in the counties which
6ey belong These the ordinary means BY which our
Sae government put IN operation and effect given 70
onr laws And yet the late instructions to the MARSHAL
absolutely prohibit the OF any oil them The right OF
he Alabama 10 extend s over the dis
% IN question is fully adnitied. The President does not
calm on behalf OF the United States, any right Of Jursdic
on except such Is everywhere vested by the consti
lion Ia the general government The ownership OF the
land and the authority legislae IL for the ordinary
purposes life embrace powers entirely distinct IN them
selves and which in this case must be exercised by dit
,en tribunals The United States constitute great land
holder possessing, under the constitution, the right 10
,s,nIoy and Other property They have made regula-
lion by which n,rders their lands shall be removed
ode the orders Of the President, by military force. In
Soug this, they do no more AN ordinary individual
who epe the orcble intruder who comes to take posses
Of expulsion, exercises authority acknowledged to be In
"Bu he exercises no act OF jurisdiction He performs
none OF functions of supreme authority, included In
lie very ITSELF and essential TO the perogatvo OF dc
ng what the law shall be- 10 IKE ne, e 81
hi nossessions assume no ether control him, and
Leave him 70 the sd hs 81 ,sm ns ia Of e settlers
from the ceded country will be attended with much neon
venience and sincerely wish the necessity Q, inc meas
n,a could he obyated And far this can be done by
rigorous prosecution of the business oil LOCATION no means
il the power Of this department wiz DO spared 70 effect
md s will leave the settlers in the same cond-
non M all other persons placed who occupy public
land where are treaty sPulaions requiring their
eviction But while | acknowledge and lament this in.
convenience cannot admit that the Arguments derived
from can outweigh the positive acquisitions of solemn
under which the United States acquired and by
virtue Of which they hold the district in question: and
which formed Of The principal inducements operating
upon The Indians 10 make the cession
If understand the views OF your excellency in the
tract quoted they these: that because the State
territory ceded by the Indians her citizens have right
consequence 10 take possession oil ana occupy
sutonal interference in the local and internal affairs OF
the citizens OF Alabama. -
." is inquire whether the legislature OF
Alabama could by express act oil legislation authorize
its citizens TO occupy tho public land NO such authority
has been given, and OF course, all the right which these
persons enjoy h derive from the operations oil general
have already stated that the ownership Of the lands
and the exercise Of jurisdiction distinct subjects hav
Ing necessary and, in this case, no actual connexion
Instead of the United States suppose individual were
sole proprietor of the coded country would the fact Of
the extension of jurisdiction it, the laying off oil
countess by establishing their boundaries justify its orc
Bile possession by awess violence under the pretencc that
public convenience required II IL is doubt convenient
have all the lands in the several States settled and cu
uvated.
But this convenience must yield these inalienabe
and impescripble rights of property, everywhere ae-
know lodged among civilized nations and nowhere held
more sacred than in our own country-rgh,s which lie AT
the foundation OF civil society," and which cannot be VIC
lated without ipficting ncuIable wounds upon our ns
utions. suppose will not be conlended that the gene
raj less in its rights than an ndivld
aa and therefore by presenting the claim OF the latter
Of these alien and native yet hold large tracts in tina
State. imagine has never been commended that one
rule of shall be applied TO ihem and anothe
the citizens generally The State of Alabama extend:
her jurisdiction over this territory.
M fhasa Than ha frpan haN
they right 20 remain merely that they may participate IN
exercise Of this jurisdctoni Certainly IL would have
been easy aud would be impractcable 10 attach
this whole district TO more Of the original counties
where public lands have been sod and thus provide for
Inc complete exercise OF civil and criminal jurisdiction,
without Interfering with the pfopeHyo the United states
This proceeding would doubt be and put
IL not u to be desired but which meets the
consequences which your exceliency aliudes
in The discussion of ibis branch of the subject IL Is very
obvious that f there settlers upon these lands
person could claim the right occupy hem In order that
he might be appointed Judge, justice OF the peace,
ton Of Alabama
"Its equally obvious 10 tina, he is appointed
% such Office he does not derive from the appointment,
any right hold the properly Of the United States any
individually upon the allegation that he cannot otherwise
execute The duties Of his office.
'The obligations implied in these asations essen
tally equal One is voluntary and assumed, and may be
declined by resignation removal The other Is perpet'
nal aud indesructibe.
"Your exeelency deprecates the employment OF mill.
ny iocs 10 the removal o. inudeIs am you demand ha
the government should put away the sword, which has
teen unnecessarily and TOO hastily drawn against this
large and unoiiending community IL Is, you remark, the
appropriate atber in contests OF ambition, but not In ques
tons Of constitutional right
Certainly questions OF right, whether constitutional OF
Otherwise ought 10 be decided by the sword and
the spirit Of counirymen, well the whole genius
olour institutions is opposed to its employment IN all case'
within the ordinary operation OF the laws and the military
hce in Alabama has no instructions to Interfere with
the authority Of the State"
"n conclusion. beg your excellency to be assured tha
with great reluctance the President felt biinsc
called upon enforce the provision OF the act OF March
lg7 in The State OF Alabama But the circumstances
such leave him discretion, and they yet continue e
demand his interpolation. lie see no mode by which
the Instruction., for removal can be suspended but The mode
pointed by the treaty itself As fast as the locations can
be made the country viii be relieved from those supuaon'
which render this Indispensable and every arrange
nent has been made for the execution OF this duty speed
Ivy possible In the time let hope that those
persons whose residence conflicts with the rights and saeiy
OF the Indians will Withdraw and thus the existing
aIculues very short time VIII enable them TO return
and purchase any tract public sale not granted TO an In
dan; and they would with the consong reflection
that the promises Of their country have been performed
and that It's pghied faith the feeble band, which, In yield
ing all had security but that faith for its protection, has
bren preserved invioate. But however this may be- II Is
due TO the Importance OF the subject 10 say your excel
encY that the which she President has taken has
been imposed upon him by the constitution, by treaty
and bY the laws and thar IL will not be departed from until
the obligations created by these faithfully fulfilled"
Now, allow TO say, that a contest between this gov
eminent and the authorities OF the State OF Alabama
acalamy which ought 10 be avoided by every possible
and proper means. do not say that this government
should give way IN question OF duty finally but do
say that should execute its duty in the most delicate anC
iorbearDg manner and avoid every contest. il possible
know that that the feeling OF General jackson,
should be the feeling OF every other patriotic man
And what the consequence OF all ihsi Sir. in ht
performance OF this duty Mr. Owen killed, which
created immense excitement in Alabau a. Here ia
copy Of letter written TO Governor Gayle on that sub
WAR DEPARTMENT. November $, 1888.