Newspaper Page Text
tSBSm
VOIi. IV.
“The ferment of sn free* is preferable to the torpor of a despotic, Government.”
ATHENS, GEORGIA, OCTOBER 26, 1833.
NO. 32.
SB
The Creek Controversy.
IMPORTANT CORRESPONDENCE.
Dbparthent op Wah, )
September 5th, 1833. $
Sir :—I have had the honor to receive,
and to lay before the President, yours of the
20th ultimo; and I have it in charge to com.
municate to you his views upon the subject
of the intruders upon the Creek lands to which
you refer.
The occurrence, which has resulted in the
death of an individual, is much to be deplored.
Whether the circumstances were such as to
justify the act, is not for me to judge. Jt is
the earnest wish of the Department, that tne
force employed in this unpleasant duty shall
be applied so ns to produce the desired result,
with the least possible injury to individuals
and with the greatest forbearance ; and such
will be found to be the spirit of all the instruc.
tions which have been issued.
The treaty by which the Creek Indians in
March 1832, ceded to the United Stales their
possessions in Alabama, contained this stipu.
lation:
Article 5th. “All intruders upon the
country hereby ceded shall be removed there,
from in the same manner as intruders may be
removed by law front other public land until
the country is surveyed, and the selections
made; excepting however from this provis
ion, those white persons who have made their
own improvements, and not expelled the
Creeks from theirs. - Such persons may re.
knowledged constitutional authority, requiring I the qualified permission whic h has been gran- J mity with the known views and wishes of the { provided also they will yield quiet possession
the interposition of the President in the case ted to residents. I President, as in pursuance of the constitution I to any person who- may purchase of the Uni-
under consideration. Are there any circum. Your Excellency supposes that the Marshal 1 of the Stale of Alabama. Several of these ted States. If they refuse to submit to these
stances so imperative in their character as to I with an armed force, is making incursions counties contain a population of six or eight I conditions, the Marshal, at any time after the
justify neglect of the obligations, assumed by I among the inhabitants with a view of settling I thousand souls, and the aggregate amount first of January, and after three months no.
the Government in the Creek treaity ? j I disputes between them and the Indians. I will not be short of twenty.five thousand. | tice, is authorized to remove them, and they
In order, Sir, that you may may have a full I If the Marshal, or the military detachment 1 The great object of the settlers, this year, I incur the penalty of one hundred dollars, and
view of this matter, I have enclosed copies of under his orders, have assumed such an au-1 has been to raise a sufficiency of corn and 1 imprisonment not exceeding six months. The
various instructions and other papers having thority, they are acting without the instruc. other provisions, to supply the wants of the evidence to be furnished against those who
relation to it. These will place you in pos- tions of the Government, and contrary to its next season, and also to obtain the necessary may be indicted, among other things, is the
session of the principal facts. views. They are stationed upon the public quantity of cattle, hogs and other stock. It is I certificate of the register that their claims to
Since the ratification of this treaty,'repeat- hinds for the purpose of removing intruders, well known that the first business of settlers I the land they had occupied, had not been re.
ed representations have been made to this There is not an individual settled upon the ce. in a new country, is to exchange their trims, cognized and confirmed by the United States.
Department, by the public Agents, by respect, dad lands, who has the slightest legal claim portation for the means of subsistence, and I Those who make settlements after the pas.
able individuals, and by the Indians, that gross to remain there. There is not one who hasj this bos actually been done by the greater sage of the act, at the discretion of the Pres
and wanton outrages have been committed up. not by the act of settlement exposed himself portion of the population in the Creek Nation, ident', may be removed.by the Marshal, and
on the latter, by persons who have intruded j not only to forcible eviction, but to a specific Their wagons, carts,hbrses, die. are gone, and they forfeit all title to whatever claim, they may
upon the ceded lands. It has been stated, penalty. There are no disputes which the very many cannot possibly leaVe the country have, which shall be vested in the United
that the houses of the Indians have been for. Marshal is authorized to adjust. As a mat- within the time specified in your instructions States.
cibly taken possession of, and sometimes ter of favor and to prevent injury as far as pos. to the. Marshal. A recital of the several acts of Congress
burnt, and the owners driven into the woods, | sible, that officer was authorized to permit The agricultural labors of these people passed in relation to the persons who have oc-
that their fields and improvements have been' such persons temporarily to remain as had not have been crowned with success, and their 1 cupied and cultivated the public lands, will
wrested from them and occupied by white r injured the Indians. The investigation of I crops of corn, peas, and potatoes, &c. will I confirmtheopinion still more conclusively, that
persons, that aggravated injuries have been tins fact may be necessary to the action of place them duriug the ensuing year above the that body did not intend to prevent their cul.
committed upon the persons of the Indians, the Marshal, but it is an investigation, not to difficulties produced by the scarcity of 'the I tivation, and that this was not the evil sought
and that their horses, cattle, hogs and other give the right of interference, but to stay, pro- last. i to be remedied by the act of 1807.
property have been forcibly taken from them, ceedings which otherwise under the 'law and I Imagine for a moment the almost total des. I By the act of 10th May, 1800, “ each per.
The appeals of the Chiefs to the Government J his instructions, must be had. I cannot there. I traction of these crops, the loss of most of the I son who before the passage, of the net, shall
to carry the treaty into effect and to afiord I litre conceive, what questions, “ in their char* I stock, and the wretched and destitute condi-1 have erected or begun to erect a grist mill or
their people protection, have been repeated acter strictly and property legal,” can come I tion of thousands of women and cltildren, and I saw mill upon any of the lands herein dires.
and forcible. They represent that their crops before the Marshal. you will have a faithful , picture of the scene ted to be sold, Shall be entitled to the pre-
have been taken from them, and they look Allow me to repeat, that the President I which your orders, if executed, will spread I emption of the section including such mill, at
forward to a state of starvation, unless some insincerely desirous of carrying the Creek over this entire region. the ride of two dollars per acre.”
decisive step is adopted in their favor. .And treaty into effect, with every proper attention It seems to me, that the obligations resting- . By the Act of the 5th Feb. 1812, “ every
in addition to all this, the Deputy Marshal re. I to the wishes and feelings of the Citizens oft upon the President to avert from this large I person or the legal representatives of every
ports that there are four hundred persons sell. | Alabama. I trust this disposition has been | community, so dire and overwhelming a ca-1 person who has actually inhabited and culti-
maiu until their crops are gathered. After . m . . . r v
the country is surveyed and the selections j ing whiskey to the Indians upon the ceded fully manifested in all the instructions that lamity,are as “ imperative in their character” vated a tract of land lying in either *of the dis>
made, this article shall not operate upon that lands. have been issued, and I cannot but hope that as any which have been “assumed in the I tricts established for the sale of the public
That this state of things requires a change | the propriety of removing them from the ceded CrCek Treaty.” At least they interpose con-1 lands, in the Illinois territory, which tract is
cannot be doubted. Surely no one would land, will be generally felt and acknowledged. I siderations of equal weight, I should suppose, I not claimed by any other person, and who
part of it not included in such selections.—
But intruders shall, iu the manucr before de.
scribed, be removed from the selections, for
the term of five years from the ratification of
this treaty, or until the same arc conveyed to
white persons.”
It will be seen that by this article, the
Government assumed upon itself the obliga
tion of removing intruders from this land, in
the same manner as intruders may be remov
ed by law from other public land. The
“ manner” herein-referred to is prescribed in
the act of Congress, passed March 3d, 1807,
entitled “ An act to prevent settlements being
made on lands, ceded to the United States,
until authorized by law.” This act provides
for the interposition of the Marshal and the
employment of military force, under the or-
derw of the Presideut, and furnishes the au
thority, hyVirtue of which the proceedings in
Alabama, in relation to this subject, havetak.
on place. -
There arc two limitations to this obliga
tion. One excepts from its operation “ those
white persons who have made their own im
provements, and not expelled the Creeks from
theirs ; such persons may remain until their
: crops are gathered.” As the season herein
alluded to has passed away, and the crops
tbeen gathered,'this provision is no longer ap
plicable to any settler upon these lands.
The other limitation is to the .district of
country, confining the obligations of the Gov.
srnment to remove intruders to the tracts lo-
cated for the Indians, “ after the country is
(surveyed and the selections made,” and leav-
f ing the duty of removal imperative over the
[whole cession, until both of these objects ore
] accomplished. The country is now survey,
f ed, but the locations are not yet made, and
considerable time must elapse before this is
done. No exertions on the part of tho Gov.
crumcnt will bo-spared to accomplish this Qb.
k jeet as speedily as possible, but from reports
which have been made, that impositions have
been practised upon the Agents employed in
taking the census, and that more than two
thousand names of persons are returned upon
the lists, who are not entitled to reservations,
and from tho consequent necessity of rigid
examination, as well as from the nature and
extent of the locating duties, it is evident, that
this business will occupy some months.
It is obvious therefore, that the treaty im
poses upon the government the duty of remo
ving intruders from these lands. It is equal,
ly obvious, that the mode of removal is pre
scribed in that instrument, and is specially
provided by on Act of Congress: and I may
add the fact, that the whole subject was fully
^explained to the Creek Chiefs, previously to
the execution of the treaty, and that they
ere told what were the legal powers of the
■ovemment upon this subject, and how they
lould be carried into effect.
These Chiefs were exceedingly anxious
hut a stipulation should be inserted, provid-
; for the extension of the intercourse act of
1902 over the country, and thus vesting, the
nhole jurisdiction in the United States. But
hey were explicitly told that the President
[could not and would not assent to this. But
[that, as the land by tin cession would be.
1 come the property of the United States, all in-
[traders from it Should be removed, as they
] may be removed from other public lands. In
■this, after some time, and with some reluc-
; tance, they acquiesced.
I have the honor to enclose, a copy of an
opinion of the Attorney General, by which
you will see that that officer considers it the
right and duty of the President to have these
l removals made. Indeed, I am not aware,
i that the constitutionality of the Act of Con.
[ gross of March 3d, 1807, for preventing set.
aments upon the public lands, has ever been
called in question, and the considerations con-
nected with die subject are so obvious, as to
preclude all reasonable doubts upon the mat.
tar.
Here then is a positive duty, and an ac>
Very respectfully, I am, sir, your obedient j with those by which it has been induced to I shall not have removed from said territory,
servant, LEWIS CASS.
His Excellency, JOHN GAYLE, Gov. of Ala.
expect the Government to sit still and witness
such aggressions, without any effort to pre
vent them. You suggest, that the law of Al
abama, providing for the removal of intruders
by actions of forcible entry and detainer, I Executive Department, )
would be found sufficient for the protection of Tuscaloosa, -J October, 1833. \
the Indians, and propose proceedings under Sir I have the honor to acknowledge 1 ued their settlements against the orders of I person and the legal representatives of every
it should be adopted with that view. To this the receipt of your letter of the 5th ultimo, the government. As before remarked, since I person, who has actually inhabited and culti-
suggestion the President sees two objections: together with the accompanying documents, your letters to Col. King and others of the vated a tract of Jand, lying in that part of the
1st. The treaty expressly provides a dif- j They have been examined with the deliberate | 8th December last, all who were then in the | State of Louisiana, which composed the late
overlook these obligations until the present every such person aud his legal representa-
time. I tives, shall be entitled to a preference in be.
It is not to be lost sight of, that these pco- coming the purchaser from the United States
pie do not staad in' the light of intruders who I of such tract of land at private sale.”
have settled upon the public land, and contin-1 By the Act of 12th April, 1814, “ every
ferent mode, and therefore leaves no discre- . attention due to the subject to which they I country, had permission to remain until the I territory of Orleans, or the Mississippi terri.
tion with the Executive ; and, relate. , selections were made. This you say was gi-1 tory, which tract is not rightfully claimed by
2d. There is every reason to fear, that the In mine of the 20th August, the objects 11 ven, as it doubtless was, “ upon the presump. I any other person, and who shall not have re
remedy pointed out, would, if adopted, be had principally in view, were to suggest to the I tion that the country would be snrveyed and moved from' said State or territory, shall be
found wholly insufficient. * President a mode of proceeding, for the pro- the selections made, before it would he time entitled to the right of pre-emption in the pur-
Looking at the condition of the Indians, the tection of the Indians in their possessions and to put in another crop, and also ia the belief I chase thereof.”
intrusions among them, the injuries they have reservations, more congenial to the spirit of that no inconvenient or injury would result By the Act of.22d April, 4626, “every
suffered and are exposed to, the difficulty of our institutions, than that of sending among I to the Indians.” You further observe that person or the legal representatives of every
proof, and the great delay which would at- our citizens an armed force ) and to call his “ in both these expectations there has been a I person, who being either the head of a family,
tend the prosecution of such a number of law attention to the irregularities inseparable from disappointment.” I or twenty-one years of age, did on or before
suits, and in a community which could not its employment, in executing the stipulations I The delay in making the locations was not I the first day of January 1825, actually inhab-
but be excited upon the subject, it would be of the Treaty, of which the killing of Owens | produced by any of the settlers, and the inju-1 it and cultivate a tract of land, situated in the
vain to expect that the protection promised is an instance. - I ries complained of, have been inflicted by but territory of Florida, which tract is not
could in this way be insured. I did not advert to the condition of the set. I few. If the first cause of disappointment be | rightfully claimed by any other person* and
You do justice to the feelings of the Presi- tiers, upon such parts of the ceded territory matter of complaint, the sin does not lie at who shall not have removed from the said
dent, in stating it a$ your belief, that he is as were not included in the selections of the their door, and if offences have been commit-1 territory, shall be entitled to the right of pre
disposed “ to cause the treaty to be carried Indians, nor attempt to show that they had ted, justice demands thstthe perpetrators alone I qmption in the purchase thereof.”
into effect by such means only as are clearly any right, founded either upon tKeir claims to should be punished. I By the 4th section of the same act, “ every
authorized by the Constitution and' laws.”— the indulgence of the government, or the laws The fifth article of the Treaty of March J person, or his or her legal representatives,
There is not the slightest wish, unnecessarily of the land, to remain. It was impossible for 1832, requires, “ that allintruders upon the comprised iu the list of actual settlers, reported
to injure or oppress the settlers upon these the to anticipate the order contained tn your let- country hereby ceded, shall be removed to the commissioner of the general land office,
lands. Iam well aware of the hardships and ter to the Marshal of the 29th of Aug. directing] therefrom in the same manner as intruders by the register and receiver for the district
inconveniences to which frontier settlers are thejcxpulsionofourwhole white population from may be removed from other public lands, un- I of Jackson Court House, iu the State of Mis-
exposed, and every reasonable allowance the ceded territory. I beg leave therefore, I til the country is surveyed and the selections I sissippi under the authority of an act of Con-
should be made for their position. When to submit for the consideration of the Presi-1 made,” die. For the “ manner” of removal, I gross entitled an act, die., not having any writ-
there are no other obligations intervening, set. 1 dent, my views upon this new and unexpected you refer to the act of Congress of the 3d ten evidence of claim to land in said district,
tlements have extended over the public lands 1 state of things, still trusting with undiminish- March 1807, and take for granted, that in all and who on the third day of March, 1819, did
without inconvenience to the country, and|cd confidence, that upon a review of the | cases of settlement upon the public land, the I actually inhabit and cultivate a tract of land
without the interference of the Government.
But in this case the rights of others are con.
corned, and the executive is called upon to ful
fil the obligations of a solemn treaty. I do ]
not however see that the treaty, by obvious
whole subject, be will find ample room to re
scind this measure, which I am constrained |
to believe is one of uncalled for and unneces
sary severity.
In looking over that portion of the docu. I
employment of military force may be resorted
to. I have no disposition to question the con. j
stitutionality of this act, but I doubt the cor-
rectness of.your construction.
It was not the intention of Congress, in
in said district, not claimed, &c., shall he en.
titled to the right of pre-emption, on becoming
the purchaser of the United States of such
tract of, land.” (See Gordon’s Digest, from
which these extracts are taken.)
Each of these acts embraced settlers in a
construction, permits settlements upon any I meats furnishing complaints against the'set-1 passing the act of 1807, to restrain persons
of the lands, ceded, except reservations, die. I tiers, which you did me the honor to enclose I from settleing the public lands, who had no I particular State or territory, and were gener-
The stipulation is, that intruders shall be re- for ray inspection, I was at once led to the object in view beyond their cultivation. ally passed in anticipation of the sales of the
moved from the ceded lands, before the coun- conclusion that the determination to remove I Any one who is conversant with the frau- J public lands. .But the Act of 1830 is more
try is surveyed and the locations made; but them had been produced mainly, if not exclu. dulent claims, which individuals as well as general in its provisions, and includes all per-
that after these acts are done, this provision sively, by the information contained in the companies had set up to large tracts of land, sons whatever, who had settled upon the pnb-
shall not operate upon that part of the coun. I letters of Mr. Austill, tvritten in the months I before and at the period when the act in ques- I lie domain. v
try not included in the selections. No per. of July and August. All these documents tion was passed, will find no difficulty in per- By that Act it is provided “ that every set.
mission to settle is here granted. The Gov. except the letters referred to, and one from ceiving, that the principal, if not the only, tier or occupant of the public lands,'prior to
eminent did not indeed stipulate with the In. some of the Chiefs of the 20th December purpose of Congress, was to prevent them from the passage of this act, who is now in posses,
dians that intruders on lands unlocated.should last, are of a date anterior to your coramunica. obtaining possession, by which, they expec- sibn and cultivated any part, thereof, in the
be removed, but the ordinary provisions of {tion to our dclegationTn Congress of the 8th of ted to give strength and validity to their claims, year 1829, shall be and he is hereby author,
the law still apply to all persons living upon j December 1882, giving permission to «those The Yazoo purchase, effected by afraudulent ized to enter, with the register of the land 'of-
such land, and the prescribed penalty attaches persons who obtained peaceable possession contract with the State of Georgia, embra. fice, for the district in which such lands may
to them. of the lands on which they live, die. to occu. ced thirty-five millions of acres. It was be. lie, by legal subdivisions, any number of acres
Your excellency suggests that “ encouraged py these tracts till the several selections were lieved by. those interested in this contract, I not more than 160, or quarter section, to in-
by the treaty, by the laws of the State, and made.” It appears that the injuries complain, that they would be in a situation to contend elude his improvement, upon paying to the
the express permission of the Government to ed of before this period, were more numer- with the government, with better prospects of United States, the then minimum price of the
settle upon and occupy them, population has ous, frequent and aggravated than any which I success, if they could succeed iu making set-1 land.” ~ t
moved upon them,” die. There is a misappre- have been inflicted since. Mr. Austill has tlements upon the territory they had purchas-1 Here is a continued succession of acts cm
hension on this subject, which I trust the en- adopted the plan,it seems, of reporting to the j ed. It was their object to decide the contro-1 bracing and running through a period of thir
closed document will remove. No person War Department,individual cases of intrusion, J veray by suits at law, and to this end they I ty years, all conferring upon settlers the val.
has moved upon this land by the permission I and when they are all summed up, they do j hod determined to place themselves in the atti- J liable privilege of pre-emption. They. show
of the Government. Settlers without that I not -amount to any, considerable number. j tude of defendants, bv taking possession of I beyond dispute, that during this time it was
permission having taken possession 'of the [ It is true that the tenor and complexion of I the tract of country in which the county of I the settled policy of the government to encour-
ebuntry, and the Government in this as in all his letters are calculated to make an unfavor. Madison, in this State, is situated. I ago our citizens to Settle and occupy the pub
other cases, being desirous of fulfilling its able impression of the settlers generally, but I The act of 1807 was framed to counter-1 lie lands, that this class of our population has
obligations with as little inconvenience to the it is obvious that his prejudices .are very act the views of these and other fraudulent I always been esteemed highly meritorious, and
citizens as possible, on the application of the strong, that his feelings had-become excited, claimants, and to prevent such persons only I that the exclusive right to .purchase at private
members of Congress from Alabama and oth- and that a correct representation of their I from making settlements, as entertained the, I sale has been extended to them, in consider-
ers, consented in December last, that the set- character, or of the true condition of the In- ] design of opposing the policy of the govern- J ation of, and as a reward for the services they
<laH linnn ika-land miirht rfilDllin till the In. I diiina ia In Kn* nKlm.ul AL. — ad f _? .. ? J-. .. J ?_ .1 1 ! j I I —..l.dil hv these settlements, intes
ters upon the'land might remain till the lo- dians, is to be* obtained from some other ment, as indicated in the rules and regulations have rendered, by these settlements, in tes. limiting the poweto of the General Govern-
cations were made. 'This was done, as the source. If youhave been led to form, from the established by Congress, respecting the ter- I ting the value and productiveness of the soil * raent, ia relation to the public domain, is too
• 1 ?it _! : sLa nwAMitvin^An 1 iLL. «V “ 4* « • . ! _ . * . . * 0 1 • • /T* !.•«!* ijk a /-Irvtrf nf rtrtllhL 11 13 fh'if il r*nn _
properly exert the discretionaiy power con
ferred on him for the . removal of settlers, un
less he has good reasons to apprehend that
they intend preferring a claim to the land Jhey.
occupy, or in some other respect opposing
the Acts of Congress for the disposal of the
public domain, or interfering with and defea
ting «the rules and regulations respecting the
territory of the United States.” Nothing of
this kind has been done by our people, who
have settled in the country ceded* by the
Creek Indians. They “ designate no boun
daries thereon by marking trees or otherwise,"
nor have they any intention to withhold it
from any person or perspns who may pur.
chase of the United Status. Their only ob.
ject is to occupy their settlements, until they
shall be offered for sale, and then to go into
the market upon equal terms with other per.
sons. The “ nfanner” therefore of removing
occupants, who settle upon the public lands
with no design, but to cultivate them, is not
by military force.
A Treaty, like an Act of Congress, is the
supreme law of the land, only when it is
made in .pursuance of the Constitution of the
United States.' If it trenches upon the pd-
mitted jurisdiction of a State, or violates the
constitutional rights of a citizen, it is not law,
can impose no obligation on our people, and
will be declared null and void by the legally
constituted authorities.
Such is believed to be the character of that
part of the. 5th Article of the Creek Treaty,
by which the government has undertaken to
remove by force all intruders upon the oc
cupations of the Indians, “until tho country is
surveyed and the selections unide,” and also
to remove them in the same manner “ from
these selections for the term of five years
from the ratification of the treaty,” die. The
Indians while they retained thcircharacterof -
a tribe, had an unqualified indefeasible 'right
to their immediate improvements. The sec.
ond article of tho treaty not only confirms this
right of possession until the selections ore
made, but after that period adds to it a feC
simple title. The article referred to requires
that a « census of these persons shall be ta
ken under the direction of the President, and
the selections shall be made, so as to includh
the improvements of each person within his
selection, if the same can be made, and if not,
then all the persons belonging to the same
town entitled to selections, and who cannot
make the same so as to include their improve
ments, shall take them in one body in a prop
er form.” When more persons reside in
a town or neighborhood, than can receive
their complement of land at these places, a
portion of them will remain and the others re
ceive their allotments in a body elsewhere^
so that in eVery instance the possession of
the improvements continues with the Indionfi,
not subject to the control of the government,
from the ratification of the treaty Until the
selections are made, and afterwards indefin-
itely.
It is obvious therefore that these improve,
ments are not public land, and it is equally
clear that the reservations, after they are lo-
cated, will become the private property of the
individuals to whom they may be assigned.
The government has no present or future,
interest in such of the selections as will in-
elude improvements. They are the private
property of the persons in possession: who
arc, in no respect whatever, dependant on the
will or permission- of the government for its
enjoyment. If any agent of the United States
were to attempt the removal of one«>f these
people, entitled to have his selection around
his improvements, it cannot be doubted that
the District Court, or the Courts of this State,
would interpose their authority for his pro-
tection;
Whence then is the power derived to reg
ulate or control the possession of thefie ira- :
proveraents ? If the Indians choose to refit
their fields, they only-use tho privilege coni,
tnon to every citizen; - and if a person obtains
peaceable possession under a contract of this
kind, he cannot be removed by military force,
without a total disregard of tho Constitution
of the United States'. If a citizen can be thus
forcibly and unceremoniously expelled froth
bis possessions, the sword has already cat
out from that instrument, the clause which
declares that no person shall be deprived .of
his 1 property without due process of law.’ •
But intruders are to be removed by force,
from the selections, “for the term of five
years from the ratification of the'treaty,”&c.
After the Indians artf placed in possession of
their tracts, 90 of which are to contain 640
acres, and the others 320 attes each, they
will certainly cease to be public land. Not on
ly tho right to occupy, but the right to sell
is secured by the treaty ; and if there is any
reason for contending that the improvements
before the reservations are located, are not 1
private property, there will be none after,
wards.
The constitution of the United States, iu 1
limiting the powers of the General Govern.
• 1 I . ■bn minim n AMmn
instructions will show, upon the presumption letters of this gentleman, an unfavorable opin- ritory of the United States,
that, the country would be surveyed arid the ion of the great body of these people, I beg This view is confirmed by the fact, that as
— - J - 1 I* * a 1\a iimn fn nut I litntm tn nnni««A aL-a Ta. •_ « * «- -
and in affording facilities to purchasers to ox
amine it.
locations made, before it would be time to put leave to assure you that it is erroneous and often as the settleig upon whom the act was I These acts have been passed, with tho ex-
in another crop, and also in the belief that no unjust. Nine tenths of them have not inter- to operate are mentioned,their claims are also ceptiori of that of 1800, subsequently to 1807.
inconvenience or injury would result to the j fared with the Indians, and in the upper coun- adverted to, and the severest penalty de- and if it be a crime to cultivate the. public
Indians. In both these expectations there j ties, which are the most populous, not a whis-1 nounced against them islhe forfeiture of these I land, the government has suborned our citi-
has been a disappointment. The country per of dissatisfaction has been uttered. claims. ° ~ * 1 zens to its perpetration, by offering them large
has indeed been surveyed, but the locations The country in question, as you have been All persons who had made settlements pre- rewards and conferring on them valuable
have not been, and cannot for some time be advised, has been laid off into nine counties, vious to the passage of the act, are permitted privileges.
made, and the complaints of the Indians are toy an Act of our’General Assembly, and or- to remain, provided they will sign a declara- If, then, the settlements of the waste lands
assuming -uch a shape as imperatively to ganized, so as to put the entire machinery of tion that they do not lay any claim to the land, of the United States, is not unlawful of hselt,
call upon the Government for its interference, our State Government into full operation, and do not occupy the same, by virtue of any according to the spirit, true intent and mean-
It becomes therefore necessary to. terminate j 'IFhis measure was adopted as well in confor-j claim derived from any person whatever, and] ing of the act of 1807, the President cannot
explicit to admit of doubt. It is that “ Con*
gross shall have power to dispose of, and’
make all needful rules and regulations re.
spccling the territory or other property of the
United States.” ,
When these lands are sold or disposed ofj its
authority ceases, and it has no more or great,
cr power to regulate their future possession or
punish for trespasses than any other lan 1 bob-
der. The Government may make a contract
with our citizens, conferring what title it choo
ses, but the contract is to bo enforced and
the title - protected, by uho courts, anti nqjt
-1
r IB . .
