The Montgomery advertiser., 1905-12-17

treaty doctrine" of dealing with In- dian tribes within the limits of any particular State had been exploded for several years. and that the Presi- dent himself had uniformly Rcquiesced In the right of the States &o enforce their laws throughout their bound- aries-notably in what the Richmond Enquirer at that time called This man ly vindication of the rights of Georgia In the case of the Cherokee Indians"
 The mode of procedure in the pro- posed removals of intruders from the ceded territory was that provided by an act of Congress. approved March 3. 1907. entitled An act to prevent set dement's being made on lands ceded to the United States. until authorized by law" This act provided that removals should be made by the United States marshal. aided by military force if necessary. acting under orders from the President. The position of Ala bama. as 1t had been that of Georgia. was that the act of 1907 did not ap- ply to intrusions upon lands lying within the boundaries of any State. and was applicable only in territories where State governments had not been
 established. In support of this posi- ton as to the general policy Of the government in such matters. the case was cited where the commissioner or Indian affairs had. in effect, directed Colonel Josiah Harmar, in 17S5, when he was engaged in removing settlers from the public lands in the West. not to use military force within the limits of any State. The second of the reso- lutions of the series heretofore men toned. introduced in the general as- SembIy by Mir. Beene. formally set forth this position in these words; Resolved, In the opinion of this gen ha cf Con of 1907. was not intended to have effect within the limits of the States of the Union; that the execution of the pro- visions of said act. by military force
 would be subversive of the rights oi citizens. destructive of free govern ment and incompatible with the juris- diction and sovereignty of the States.
 But the government at Washington apparently took a different view of the matter. and the United States marshal for the southern district of Alabama began the execution of his orders for removal. A collision occurred in which Hardeman Owens. formerly a citizen of Columbus. Georgia, a com missioner of roads and revenue for Russell county, was killed. The late Jeremiah Austill, one of tho heroes of the famous Canoe Fight" was at that time the marshal for the southern dls- trict of Alabama, and he reported the killing of Owens to the Secretary Of War under date of Greek nation. July l 31, 1833." BIOOdshed Was Averted.
 The action of the Federal officials in | this matter. whether Justifiable or not, aroused the strongest indignation
 throughout the new counties which
 rapidly spread to other counties of the
 State. Mass meetings were held, | stirring resolutions were passed, and
 steps were at once taken for meet
 ing force with force. It was at this
 juncture. when the Federal troops
 were massing at Fort Mitchell ready
 to move Into the newly organized
 counties of the State for the purpose
 of removing the settlers, that q timely
 proclamation from Governor Gayle ad-
 dressed to the citizens of the counties