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I.te'ft Mhi x*(MM/ to Mr Jawh's wIm-vs I •»»'
MM (tlatleiusn. bel DMkl IKK hsvs.nuMrf ■
hr mffTit had not bass base for an ssrtamatMB «
•aj (Xunp -Tut, Tut." Who <fo y<»s H*iuk is sl’tnii-
•fyoar pMlol. . I di«l not hsod awj Ctmp the knife
tooptc. Ikt water-meins*, b*l bunded nwj C>ni|
my pen kmls to assist him to opsn hs, Which
•ssmsd hard to opsfl. I did not sea col Milton
draw hi* awiol, but a» the but oTit aflo: ward* and
his hand spun it- VVb*n 1 and maj Camp had
walked op Hie straal from rar Loros iwij Caufp
(•l.ipod at ioaoa coafactionary, and I walked on and
waaatradakon by col Milton col Milton asked me
iff knew lint maj Camp had intended la attack
him. I replied by saying * no no maj Camp had,no
intention oi'.auacking linn." Uy that time wo bad
got opposite mr Kirlins, and we went in and ha in
vited me to taka a glass of wine which l did. col
Milton drank hie wise and walked not. After a
few moment* 1 came oal.and maj Camp was stan
ding before mr Ai*he« iscenvor*«U o wjth James
Holland and mr Hefty. The parties had pasacd
eachottnrIraqaeally, bat (did uot take particnlar
notice of theii morenioots, whoa I canto oat of
Kielineool Milton had panted mnj Camp about 2-y
yards, I saw no attempt on the part of mnj camp to
draw a weapon.
Cross J-Vanueatioa. The hnTfe maj Camp had
to cut open the melon* was n while Handle knifu
with a Made about 4 indie* long commonly caUml
• dirk kuifc. I returned to the awning with Camp
and the water melons, maj Camp seemed to be
agitated from tlic passion ol the late difficulty. I
he remarked we cesM agree open the fee after
wards aa ha was •ndetoraiaed than what coarse
ha *hoek! parrs# He told me ha woald tome to
*ome determination by the time I returned home.
Upon my return hawnvar, return day lor Weils
■ad passed. I was told he had commenced an no
tion to which Ha had placed my nama aa counsel
for him. col Milton was absent when I returned.
Dot in a few days ha came lo my hoase lo see me.
lie mentioned ihnt from a prc*ioa« conversation
which he had with me ho woald hare snpposed I
would hare supposed my services engaged for him
in any case that might occur. I told him I did not
so conceive, for / thought the conversation applied
to tho Alabama speculation. Ha than asked me
something cbont Camp’s determination; and thought
CampS conduct flitsomaly strange, and said for bio
part .ho waa ready for him aad would fight it out,
•onto it out or Low it out. I told him my con-
rorsutinn with msj Camp extremely short and re
pealed the con vernation' above, col Towns intro
dueed a communication signed John Milton ad
dressed to the Public in the Caluinbos Kaqaher of
dsto 6th ofjoly 1833.
Mr Schley, sworn
I am not tlic author of any anonymous letter or
note to col Milton. I went to col mlton’s offico
upon business col Milton broached ilia subject of the
difficulty between himself andcol Camp, something
about the communication* in the papers ebtwoen
them and J observed to him (hat it commencod
atioet nothing and ought to he vottlod col.
Milton observed that some pretended friend
n w # pret
diil not take my ueat, lor I waa afraid that there 1 had advised him to shoot Camp down in the streets
Woald be a difficulty and intended If it did com-11 mentioned to him i had no doabi that both of
monca. to throw mysotfbctweon them to prevent it I them had such pretended friends, that 7 had no
if p isViblo. I observed the parties while there ml-
a only aad I did not at that time considor maj
Camp's conduct aa being insulting, bat wss influ
tnc-dby passion, col (lamp spoke to ms and said
"no ite' lloweH let ns go, /hare acaied tha darn'd
raa. il. 1 ' / walked slowly nieng and was overtaken
by col Milton before /got to Kivlio* esl Camp
moped on tha way at Bonners confectionary, I saw
do weapon alter wa returned with the wulor mcl-
vhoSmeii C.mpl^Y'pltiSPlt M°
on monday morning after ins difficulty and fold col
■iltoe that there wasn stranger at mr tuive sTav
ern sod wished to see him. .1 did call twice that
mo-mug (e ece col atltan. /did toll'at West
Poi it that msj Camp said col Milton was beneath
his notice, and ho woald net fight him, for ha had
co nmoaced a Sait against him, and woald hasp an
m ire to do willi him. I did mention both ciieam-
atsucus, ns stated above, together, hat don't enow
W to Ilia gentlem m were to whom I waa apnstt ing,
and told it only aa t heard it from Camp Whim I
ea'-el-at col Milton's offico, aail told him that a
dtrangerh<d rodn sp to Love's snd had a letter for
h.. o ld no design nr unfriendly feelings in giv
ing col Milton this information.
John Howard sworn.
I know nothing ol the gnn eihihilsd in court.—
My Inthnr has the possession of tho nolliern rooms,
and I take charge of his holiness. I waa about tho
store aa usual. Tha gnn dost not bolnng to the
store and /do not know how it uamt' into the iiouse
/mink it reaninblHSthe gun that 1 satv col Milton
have upon his arm or ahouliior when walking down
(0 his office. About tt s'cluck in the morning, na I
ciiino op from breakfast 1 saw ool srilten and mr
Th.va.itt sitting on *>>mr scantling in eanveivetiun
in rear oftliu house-' Ikivsiu tiivf? l| ffi WCoIIsp
fi >u nf seeing col Milton hofora the ilnor of tha i^
(rod store on the morniug or me difficulty, bat do
•ot knew how long he stsjd,
Lewis J. Davis' sworn
On Saturday latu in foe evening, tho Saturday
before Camp was killed, col Milton rode np and
«. tod me if l hud any apiing capo. I fold him we
bn < tome, and I told Inni they woiu forge caps, and
(to asked me if they would fit a gnn, nud got n box.
of the caps. I told him they were good.
Cruse Examination, Camp has bought caps of
•it, hut n otto a month, and so line other potions
James hi tslenn, sworn,
/ hoard ool Mdtoti say that he woald piovoke mnj
Camp to a tight il possible and if lie did not mind
ko would be damned if ho diti'al kill him; The
•anvnrsalioa took piaoe in the town of Coiuinbns
Croot Examination, 1 did not know Ihu genllo
men to wnom ool Milton uddressod-hunsolf, and am
aure it waa ool aliUan who spoke the words. This
itprosiion a* used was uornu tune in last yoar a few
days itisr a eortaiu diificntly that originated in the
eouit h mae. i was subpoaaad. • I cams reluctant
ly i da not knew new the information cain».hero.—
f was reluclunt in oommg up and would have been
to have ool come up. 1 am tha political and
•nreoiial found ol col Milton. -I did uol know Camp
net know Milton and was invited by linn to his
bout# when el church. 1 am the nephew ofdamuul
K I lodges, and in tha difficulty above alluded to n
• as known to tar Tow that (took part with Milton.
Juntos Kivlio, swi m
On the morning of the day on which the difficnl-
1y tcoitplace alter Lovo’sTavern botweon Camp
and Milton, I waa crossing from tbs weal side of tho
street, immediately over to my bouse, I discovered
Camp before the door m conversation with seme
persons jitut oat of fits Lees, liulow him I saw
Hilton with, as I afterwards discovered, Hargroves
the sheriff. I crossed Ibe street and got on the Hal
fond of my houae. 1 tornud round and .examined
very particularly lbs patties. Camp was in con-
turaaiion with a tnan called Kenleuk elius Berry.
Oolite outiidu of him was James Holland. Allor I
bad stood there a Tew eticoad*, 1 heard L amp pretty
loud, (“Dam it if I do, you will he living with her
before eight.’’) I oxummed col Ca np particulaily
and i dm not discover any material change in his
appearance, cel Milton waa utagdiag with hiuface
to the north, directly up Lie atrovt, near the first
Lee below my bcitss, 1 .diacovcrod antcu looked'
Vory pale After exainmnw them Ibr sumo time
order to satisfy iuy»ulf. Tile)’ stood so close to-
(Stuar it tin acted my attemion knowing tltme hud
Susa a previous difficulty betwueu thorn, 1 walked
into tha no i*u nud uumud Uiu counter, standing
■earUiu fio.it wiiioew, paying aitounuu to jlviry
•ad Canm. 1 looked out ofTUo window uud suw
tl ltd* aad llargrova btiil standing uat ia llio strum
la conversation, Aliui a very short lmn< 1 liuani
• movumunl cut in the utroqt. I looked out and saw
Hargrove aud Mnton parsing and Miltou going
down (tract. 1 s-w Milton no maru that evening 1
saw uo hostile movements ou the part of enhci ol
Urn parties,
5 W Psiry. swore
I am weil scqssiuted willi maj Comp I think ho
waa inlho coustant habit of carrying side nuns or
pistols for tha last i/ yuan,
ft K Hodge* sworn
I did inform mr Cfirdner wlint wia stated as he
•;at«d m Ins direct answer. 1 derived my principal
iaiurma loa from col Milton, Unit Camp intended
to shorn him* I had called at ool Milions cilice on
bosu ■ ss anpsralo and apart from lira present. 1
hud previously hoard of the difficulty huuvsen maj
Camp aud col Miltou aad did aspect it would tarn
out Utaliy ou one aide or both. I had unsettled
huuineus with both gentlemen, uud wauled it cloned
before iht* unticinaled mealing. I called at cel
Milieu's office oa Saturday week before the death el'
UHJ Camp soon after dinner, When I called
aa.sral gentlemen were m ilieruom. when they
were, guns through their private husiuuH requested
me to retire into * private roam. He then slate i lo
Mto tho difficulty tm and camp hail ou that morniug
at Lovos Tuvoru which 1 had uol heard until thou
be also remarked foul subsequent to foal time nr
Coleman tnforpied hiul turn he bodevud no saw a
man preveut maj Camp from shuotiug him. Tiiut
afnoud uif his h id iitluniied linn, mat maj Cainji Ai
Hr Uagialliuiiud ware snu.ig at Hudson's stoic
and wore sitting 'here as he behoves, to shoot him
as no passed, col Miltou thou requested me not to
uieuuou tins information so that inuj Camp could
got hold of it. mr hd might litre the a.ivaulageovur
iruu, Ou tha Hiieinson of tha same day mr Qird-
nor came to my store, and ha unnerved about loos-
ing a job, and ajwu explaining. Uo said luat Col
Mdfoa Had told brut ho expected ureue-Mi der with
•k) Camp and possibly might (ail, and It'lie did hi
sso dd cm have Ills h >avo built. 1 told Mdton tli.it
l hid beard it armed liiat mqj Camp had said tliat
he woald not cbnilungs or light cel Miltou, tret
went i about hnu, hut f.uui whom I did uot know.—
wnau I saw the note l informed cul mitou that It
to rkea mnreliKe mr Kifoley ‘s hand writs than any
ot iernf could then pul my iniod upon; col Miltou
V -pMdfhalpooauiy it was. u» he hud a conversation
*t*h tor Schley a lew days before upon the aubieot
vt the d-IU' Stty, lu WQKntnr Srdiisy observed that
m»J Caatp had deicruu>ted to shoot him bat was
■Iftsaaadafl From it
ilnubt that those pretended friends would like to tee
thorn both ont oftha way. Col. Milton thaa asked
roe if col. Camp had any design of altackicg him,
in the streets. I fold him I did not believe that tie
bad; I said I would like to tea difficulty airanxed
aa /was sorry of the diflaewlty between them. Col.
Milton related that he w aa willing lo scttlel the dif
ficulty any way, by fighting any way, with pistols
or any other weapon, cr that he waa willing to lenve
it to two or three friends. That if he challenged
—jffdm hf^Cainp. woald taka pistols, in whicli
rent lie woaTdliring him oresi iofoost. The time
( do not remomber, some I/ or 3 days before me af
fair at Mr. Love's,
Cross examination.—1 was friendly to both of
them. Col Milton and myaelfwere school boys
togotkar, and Col. Milton, iivad and boarded at my
father's hoase. At onetime col. Camp, nnd myself
have boon partners and boon very friondly. evei
since I have been here. I had no conversation with
col, Camp, on the day oftha wati.r-nicilon aftinr, as
well as 1 can remember i will not say, I was not
with col. Gamp on the evening of that day, as I do
not remember it now. Col. Camp, slated to nm
foe circumstances of the dificulty of that day ; that
ho took np the seeds from his watur.incllon, and aitoi
them at Ool. Millou's wutsr-mellon; ho said ho did
look at col. Milton's face and laughed, I do not re
member now, that cnl. Cainp said to me that he
shot tho seed at col. Milton's melon for the pnrposn
of insulting him. bat if I did say I thought he told
mo so on any prevwua examination, col. Cunip
mast Imvo told me so I did nm go to col Milton
and inform, font I had not said col. Camp had in
tends I to attack him Col. Milton, did mention
tho effbet that col. Camp's poico had od his family,
’till the ttvanl (elections *r« made." It
fippMr* that the injuries complained of 1m-
loru info period, wore mot a 'numerous. Ire--
qneni aud aggravated than say which Jims
been indicted since. Mr. Auatil ha* adopt
ed the plan, it eeemx, of reporting to the
War Department, individual case* of iu-
ntrusion, and when are ail summed ap^they
do not amount to any considerable number.
It is true tbet the tenor and complexion
of his letters are calculated to make an-un
favorable impression ofthe settlers general*-
ly, but it it obvious that bis prejudices are
very strong, that his feelings Sad become
excited, and that a correct representation of
their character, or of tho true couditioo of
the Indians, it to be obtained from some
other source. If you have been fed lb
form, front the letters ol this gentleman, an
unfavorable opinion of the great body of
theso people, I beg leave to assure you that
it is utterly erroueous aud unjust. Nine
tontht of lliatn have not. interfered with iIso
Indians, and in tho upper counties, which
are the most populous, nut a whisper ol dis
satisfaction hits been uttered.
The country in question, ns you have
been advised, h j* boa laid oil into nin c -
ties, by an act of our General Assembly,
and oiganizcd, so ns to put th« emite m-icbi-
nery ci'uur Slate Government into full ope -
ation. This measure wa? adopted as wed
in conformity with the known views and
wishes ol tho Presideui, as in pursuance of
ihe constitution of the State of Alabama.
Several of these counties contain a popu.
lation of six or eight thousand souls, and
the aggregate amount will uot be shortof
twenty-five thousand.
The great object of the settlers, this
year, has been to raise n sufficiency of corn
nnd other provisions, to supply the wants of
• he next saasou, and also to obtain the uo-
erssary quantity of Cattle, hogs and otber
stock. it is well know it that the first busi
ness of settlers in a neiv country, is lo ex
change their transportation for die moan* of
subsistence, and this has actually been done
by tho gie-itor portion of the population in
’lie Crook Nation. Thoir waggons, cart*,
horses, tf, are gone and very ninny cannot
possibly leave the country within the time
specified in your instructions tu the JVlar-
•re also adverterfto, aad the severe*/pen
alty denounced against thorn is ibe forfeit
ure of these claims.
All - person* who Hud made settlement-
previous to the passage of «he act, are per
mitted to remain, provided they will sign n
declaration that they do boi lay any claim
to the land, and do not occupy the same, by
virtue of any claim derived from any. person
whatever, and provided also they will yield
qaietpossession to any persou who may pur
chase of the United States. If they refuse
to submit to these conditions, the Marshal,
at any time after the first of January, and
after three'mouths notice, is authorized to
nor HaVo (boy any iu'.eatiun U wqjfooid it 1
from nay pnr.tnu or persons whrffoiay pur- cite of the same power in relation to tr
gat ion, what ia to restrain it firm yhe'brer*
chase of tho United . Status. Their only
object it to occupy their, settlements, until
they sIhiU be otiered Sor side, and then to
go into tho market opou equal torn)* with
other pursous. The" maimer”' therefore
of reptavtng occupants, who suttiu upon the
public lauds with no desigu, but lo cultivate
(hem, is not by military force.
The Treaty liku an Act. of Congress is
the Supreme law of (lie land* only when it
is made in pursuance of the coosiitutioo of
the United Stales. If it trenches upon the
admitted jurisdiction of a slate, or violates
remove them, and they incur the penalty of the.constitutional, rights of a citisen, it is
one hundred dollars, aad imprisonment not | hot law, can impose no obligation ou our
exceeding six months. The evidence to be { people, and will be declared null and void
The agriculiurnl labors of those people
have been crowned with success, and ilioir
crops of corn, peas, potatoes, &c. will place
„ . , ,, them during tho ensuinir year above the dif-
sttss-tsfesksasa p** * *• •«*»
transaction has been fair, and honourable, sc for as ‘
I Un-iHT-fxon* my own knowledge,
Ur. Uegti
I was going down tho street on tho West aide, nml
had got beyond the Colnmnus Bank, when nnjor
Camp railed me to come ever. I went over to tho
(tore, and Camp presaatod me witli a letter from
Dr. J hi ply to Dr. Mills, representing tne disease of
Mrs. Camp, and asked my advice, Camp said no-
tiling to |ne about ol. Milton, a the atore of mr
litnfton, aad lit (aid nothing about attacking Col.
Milton.
Cross xamieairm.—Col. Milton aro unfriendly,
and have not spoken in two years,
C. K. Bartlett sworn
The picno signed e-trrol in ihe Democrat wss not
seen by major Camp, major Cainp, waa not Ihe au
thor, had no advice or agency in it, or knew of foe
piece until it came out. Camp aaid that ha nud
Milton in Milton’s office, advised Camp lo send
pomes lo lire Press as earning Beam different parts
of the country. 1 know who it tire author of Car
rol, and Camp lino uo advice or agency in it.
l>gorge Cfaritfield sanr. sworn.
1 was living ia Morgan when not. Camp, moved
lo Ibis Stalo from Virginia. I knew nothing dero-
gutory to hia character, aa a petif -nblu man, before
he came bare From my knowledge of ins general
character while here i lieliove him to be a violent
man when in a passion, hut a good and friendly
neighbour otherwise.
A communication aignod Carrol, appeared 29th
June, introduced by the proaeceting counsel.
Noil Kennedy eworn
I was at col. Camp’s office when col. Cmnp aaid
that such lawyers as, greasy arse Luwytrs, he
would sweep away and shoot them down like blurk
birds, / was talking to him uhout col. Milton's
abusing me.
Dr Clpley sworn. ,
Col. Cainp observed to me on foe day before tie
was killed, that lie intended to have a parragraph put
in foe next publication oflho papers, assuring col, j
Milton that lie was uot going to attack bun, nnd did j
Iffingine, for o ninnienl, the almost lotnl
destruction of those crops, the loss of most
of the stock, and ihe wretched nnd desiilo'e
condition of thousands of women nnd child
ren, anil you will hnvn n faithful picture of
• lm scene which your orders, if exeruted,
will spread over this oniire region.
It eeoms lo mo, thnt the obligations rest
ing upon (he President, lo nverl from ihis
furnished against those who may be indicted
among oilier ihiugs, is ihe certificate of lire
register that their claims to (he land they
had occupied, had not been recogBized aad
confirmed by the United States.
Those who make settlements after ihe
passage of the acl, at the discretion of the
President, may be removed by the Marshal,
and they forfeit all title to whatever claim
they may have which shall be vested in Ibe
United States.
A recital of the sovesal acts of Congress
passed in relation to persons who have oc
cupied and cultivated the public lands, will
confirm the opinion still more conclusively,
(hat that body did uot intend to prevent
their cultivation, and that this was not the
evil sought lo be remedied by the act of
1807.
By the act of 10th May 1800, ‘‘each per
son who before the passage of the act, shall
have erected pr begun lo erect a grist mill
or saw mill upon any of the lands herein
directed to be sold, shall be cntilled to the
nruemptiun of tho section including such
mill, at the rule of two dollars pei acre.”
By the Acl of ihe 5in Fob. 1812, '(every
person or the legal representatives of every
person who has actually inhabited ami cul
tivated a Intel of hind lying in either of the
districts established foi the sale ofthe pub
lic lauds, in the Illinois territory, which
unci is not claimed by any oth>r person,
and who shall iioi have removed from said
territory, every such person and his legal
represouiatives, ahull he enmled to a prefer
ence in becoming tho put chaser from ihe U.
Sillies of such tract ot land at private sale.”
By the Aciofl2th April, 1814,” every
pei soli and llio legal icpresenlativo of every
person, ivhp has aciu iiiy iuhubiled and cul
tivated a tract of laud, lying in that pari of
tile Si.ue ol Louisiana, ivmui voinposod me
hue terruuiy, ot Oi-lomis, or ihe Mississip
pi territory, which tract is nut rightfully
claimed by any other person, ami who shall
uol have removed from said stale or terri
tory, shall bo entitled tome right of pre
emption in ihe purchase thornol.”
By ihe Acl of 22d April, 182G,‘‘ every
person or the legal represemives of every
actcr” ns any which have been ‘‘ assumed
in the Ciaek Treaty.” At leal they inter
pose considerations of equal weight, I
should suppose, with those by which it has
been induced to ovnrlook these obligations
until the present rime.
It is not lo bn lost sight of, thnt these peo
ple do not aland in the light of intruders who
have settled unon tho public land, and con
tinued their settlements against the orders
of the government. As before remarked,
since your loiters to Col. King npd others
of the 8th December last, all who were then
in tho country, had permission (0 remain
until the selections tveia made. This you
sey was given, as it doubtless whs, “udoii
the presumption that the cjuntry would bo
surveyed ami iho selections m ule, before i'
would ho time to put in nnoilmr cron and
also in the belief that no inconvenience or
iujnry would result to the Indians.” Yon
further ohserve that “ in both these expec
tations there has been a disappointment.”
_ . The delnv in making the loc»tinns was
not Wish to frightsu the creature. I am n friend to nn< pr0 H„ced bv »"V of the >,elders, nnd 'he
col. Lamu, audiisve takeaua activo a partan/think ! . . . . ?
every good citizen uuglitto take, /do not know ; injuries cmp rimen o havo boon lltflirt, tl
what statements / may have made lo J/rT Fulwood, l by bul few. If the first cause >1 <)isi|i-
as / waa umlor great excitement. | pointment bn matter of complaint, :he sill
~ does not iie nt their door, nnd if offences
ExecuriVB Der.\nTMKNT, I j hnvn been committed, justice demands Mnt
Tuscaloosa,2d October, 1833. | tho perpetrators nlmin should bo pnn’shnd.
large community, so dire and overwhelming I person,who being either the lieuJ of u fam
a calamity are as “ imperative in their char- ! ' | y. l,r twenty one yearn of age, did on or
Sir 1 have the honor to acltnovvlcdgo
the receipt of your lettor of the 5th ultimo,
together willi Ihe uccoinpany dot-timeuis
They Imvo been oxummed willi (he deliber
ate attention due lo ibo subject to wbicb
(bey relate.
In mine of the 20ih August, tho objects
I had principally m view, were to suggest
to the 1'iosideni a mode of proceeding, for
the protect ion of tint Indians in their pos
aessiuns nml reservations, more congenial to
the spirit of our institglions, than that ol
sending among our citizens an armed force ;
nnd to call his attention to tho irregularities
inseparable from its employment, in execu
ting the stipulations of the Treaty, of which
tho killing of Owen is nn instance.
I did not advert to tho condition of the
settlers, upou such parts of the “ ceded ter
ritory” as were not included in the selec
tions uf tho Indians, nor attempt to show
that they had any right, founded either up
ou their claims lo the indulgence of the gov
ernment, or the laws of the land to remain.
It was impossihlu for me to auticipnto the
order contained in your letter to tho Mar
shal of the 26th Aug. directing the expul
sion of our whole white population front
The fifth article nf tho Treaty of March
1832 requires, “that all intruders upon the
country hereby coded, shall he removed
therefrom in the same manner os Intruder*
may be removed from other public land,
until the country is surveyed nnd the selec
tions made” &e. For tbo “ manner” of
removal, yon refer to the art of Conerrss of
tbo 3d March JS07, end take for grnntn l,
that in a” case* of settlement upon the pub.
li:land, the employment of Military force
mav bo resorted to. 1 have no disposition
to question the constitutionality of tin* net,
but I doubt the correctness of your construc
tion.
It was not tbo intention of Congress, in
passing the act 1807. to restrain person?
ftom settling the public lands, who had po
object in view beyond thnic cultivation.
Any one who is conversant with the
fraudulent cluints, which individual' u* well
ns canipaniea hud set np to large tracts of
hind, boforo nnd at the period when the act
in qumtion was passed, will find no difficul
ty in perceiving, that the principal, if not on
ly, purpose of Congress was to prevent
them from obtaining possession, by which
they expected to give strength nnd validity
thu cetiud territory, I beg leave, therefore I to their clams. Tho Yazoo purchase, ef-
to submit, for Iho consideration of the Pros- j fected by • fraudulent contract with tho
ident, my views upon this new and uoex- I State of Georgia, embraced thirty-five mil
pectod stale of-things, still Irustiug with un- ! lions of acres. It was believed by those
imin shed onfidence, that upon a.reviow ! interested in this contract, that thov would
of ihe whole subjuct, he will find ample room j.bo in • situation to contend with the gov-
to rescind this measure, which I am con- I ro-nmoht; with hotter prospects of sureexs,
slraiucd to believe is one of uncallod for and ! if they could succeed in making settlements
I from it.
Jadfa Cokjiuu a wore
At Randolph ewart, after col Camp'a borne waa
hftmgUl qul to uaiva court its ,it„t,rvs.i io Ore ili»t
diAfiicUjf from lb# r*u«ui tubli*
CBS0U. WUlft.4CCItMIIMU.C j MU (U4HM tt.,4ulhOM Waul
at * m m, I wa bun (i« covtu nave . un4
unnecessary severity.
lu looking over that portion of the docu
ments furnishing complaints agaiust the sel
lers, which you<Ti,d tin; the honor lo unclose
fur wy inspection, I was at once led to the
conclusion that the determination .to remove
thotii litul been pruduced maiulv, if not ex -
ciusi.dly by the information contained in
the lettor* of Mr. Austil, written ill *be
mouths of July and August. All these dsc-
umuuis, except the leitets referred to and
<me from some of the Chiefs ol the 20t ■
December last, are of a date 'interior to
your cummuoicstion to our delegation in
t/uugress of the 8ih December 1832, giv
ing permission to ” those persons who ob
tained peaceablo onaseaiou of the lands on
which they live, dec, to occupy these tracts
upon the territory they bad purchased. It
wa* their object to decide the nontroversy
by *ui* nt lew, mid to .this end they had de-
letmined lo place thrmselvp* in the attitude
of defendants, by taking possession of-thn
tract of country in which tha 'county of
Madison, in tbit State is situated.
Tho \ct of 1807 was framed to counter
act the views of these nnd other fraudulent
claimant*, and to prevent such persons on-*
ly from making settlements, aa entartained
the design of opttoaing the policy oftha gov-,
ernment, as indicated in the rule* and reg
ulations established by Congress, respecting
the territory ofthe * foiled Statdir.' > •
This view is confirmed bv the (act. that
as often as the settlers upou whom Ihe act
was to operate are mentioned, their claims
before tin) first day of January 1825, actual
ly inhabit and cultivate a tract of land,
situated in the lorritory of Florida which
truct is uol rigliiiuhy claimed by nny other
person, uud who ahull not havo ronioved
irum the s iid leiritory shall he eniillod to
the right of pro emptied iu the purchase
thereof.”
By the 5 section of the same act, '' ovary
person, Or uis or tun legal representatives,
comprised in ihe list of actual settlers, re
ported <o the commissioner of Iho general
laud office by iho register & receiver fur the
district of Jackson (Jou-t House, in the
Stalo of Mississippi undue the authority of
un act of Congress entitled an act, dee. not
having uuy written evidence of claim to
land, in said district, uiitf who on the third
day of March, 1816 did actually inhabit,
and cultivate u tract of land in said district
not claimeJ, itc. shall he entitled to the
right ol pre-emption oti becoming tho pur
chase. ot the iJailed Status of socli tract
of land.” (Sie Geordou’s digest from
which these extracts are’aUun.j
Each cf those acts'embraced sutllursin
particular Slate or tcr'i'.ory and wore
genet ally passed in anticipation of the sales
ui (lit? public lands. But the net of 1830
is more general iu ns provisions, uud in
cludes all persons whate-er, who had set
tled upon 'lie public domain.
By that Act it is piovtded' 1 that every
so.tier or occupant of the public lauds, pri
or tu the passage of this act, who is now
iu possestou and cultivated any part there
of, in the year 1821/, shall lie uud he is
hereby autnonzed to cnier, with the ro-
. istoi of tho land offico, lor the district in
which sncii lands may lie, by legal subdivi
nous any number of acres not moro than
160, or quarter section, lo include his iut
provenicnl, upou pay ing lo llio U. States
tho minimum price of pie land.”
Here is a continued ^accession oftic s em
bracing aud runuiug through a period of
thirty yeats, all couterriug upon settlers the
valuable privilege of pre-emption. They
show beyond dispute, that during this time
it was the set,lad policy of the Govermonl
to encourage our citizens .o settle and oc
cupy the public lands, that this class our of
population has always been esteemed high
ly meritorious, and that (ho exclusive right
to purchase at private sale lias been extend
ed io uirnu in consideration of, and as n
reward lor the services they have rendered
by these settlements, iu testing the value
and productiveness ofthe soil ; aud in affor
ding facilities to purclisersto examine it.
Those acts have been passed witn the
exception of Hint of 1800. subsequently lo
1807, <ud if it be a crime to cultivate the
public land, the goverment lias suborned
uur citizens to its perpetration, by otforing
them large rewards aud cooforring on them
valuable privileges.
if, theu, the settlement ofthe waste lauds
of the United States, L uot unlawful of us-
self, uccording to the spirit, true intent and
meauiug of iheact of 1807, the President
cannot properly exert the discretionary
power cuuiered ou him for tha removal ol
settlers, uuless ho has good reasons to ap
prehend, that they intend prefering a claim
to the laud they occupy, or in some other
respect opposing the Actt of Congress fot
the disposra! of the public Domain, or inter
fering with and- defeating “ the rules and
regulations respecting the territory of the
United States. 4 ’ No'hing of this kind haa
been dom by our people who have settled
in the country ceded by the Creek Indi
ans. They “ designate no boundaries
then-.a by mat king trut-s or otherwise,’’
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 (he Government ha* un
dertaken to remove by force all intruders up
on tho occupations of the Iudiaas, “until the
the country is surveyed and the selections
made” and also to remove them in the same
manner ‘‘from those selections for the tei m
of five years from the ratification of the trea-
ry” dec. The Indians while they retain
ed their character of a tribe, had an unqual
ified indefeasible right to their immediate
improvemen t. The second article of the
treaty not only confirms this right of pos
session until tho selections are made, but af
ter that period adds to it a fee simple title.
The article referred to, requires that a cen
sus of these persons shall be taken under the
direction of Ihe President, and the selec
tions shall be made, so as to iuolude the
improvements of each person within his se
lection, if (lie same cau be made, and if uot,
(hen all the persons belonging lo the same
town entitled to selections, and who cannot
make the same so as to include their im
provements, shall, lake them in ono body in
a proper form.” When more persons re
side to a town or neighborhood, than can
i receive their compliment of land at these
places, a portion of them will remain nnd
llio others will receive their allotments in a
body elsowhcro; so that in every instance
the possession of tbo improvements contin
ues with the Indians, not subject to the
enntroul of the government, from the ratifi
cation of ilia treaty until the selections are
made, and afterwards indefiinitely.
It is obvious therefore that these im
provoments are not public fond, and it is e-
qually clear that the reservations, after they
urc located, will become the private prop
erty of the individuals to whom they may
be assigned.
The government has uo present or future
interest in such of the selections as will
include improvements. They are the pri
vate property of tho persotis in possession
who are, iu no respect whatever dependant
on the will or permission of the governmenf
for its onjoyment. If any Agent of the U-
nited Status were to mtompi the removal of
one of these people, entitled to have his se
lection around lus improvements, it cannot
be doubt that the District court, or the
courts of this state would iuterpose their au
thority for his protection.
Whence then is the power derived to
regulate or controul the possession of these
improvements? If the Indians choose to
rent their fields, they only use (be privilege
common to every citizen, and if a person
obtain* pcacable possession under a con
tract of this kind, he cannot be removed by
military force, without a total disregard of
the Constitution of the United States. If
a cilizon can be thus forcibly and unccril
mutinously expelled from his possessions,
(he sword has already cut out from that in
sirument, thu clause which declares that no
person shall be derived ot his *' property
without due process of law.”
But intruders arc to be reuiored by force,
from the selections, “ fur the term of
live years from the ratification ol the trea
ty,” <Stc. Af:er the ludians are placed in
possession of their tracts, 90 of which are
to contain 640 acres uud thu others 320 u-
cres each, they will certainly cease lo be
public land. Not only (lie right to occupy
but tne right to sell is secured by the Trea
ty; And if there is any reason for contend
ing that the improvements before the reser
vations are located, are not private proper
ty, there will'be none afterwards.
The constitution of the United States, iu
limiting the powers of the General Gov
ernment, in relation io the public domain,
is too explicit to admit of doubt. It is that
“ Congress shall have power to dispose of,
and make all needful rules and regulations
respecting the (erriroty or other property
of tho United States.”
When those lands are sold or disposed of,
its authority ceases, and it has no more or
greater power to regulate their future pos
session or punish for trespasses than any
other laud holder. Tho government may
inaku a contract with our citizens, conferring
what title it chooses, but the contra't is to
he enforced and Ihe title protected, by the
courts, mid uot by its own direct actiou.
One hundred yeats might with equal pro
priety, have been iuserled in ilia treaty, and
there was the same authority for extending
the power of removal, to subsequent pur
chasers that thorewasto the Indians.
That the Indians within tho limits of this
state are citizens thereof and subject to its
laws, in overy respect, cannot he question
ed, at least by the General Government.
The Treaty with these people is nothing
more than a contract with so many citizens
of Alabama;—
Suppose an agreement had been entered
into with eight resident citizens of the coun
ty of Montgomery, acting for. themselves
and also as the agents of one hundred of
their neighbors, by which the government,
besides conveying to each 640 acres of land
had stipulated to remove by force, for five
years, all petsona who might iutrude upon
any of those tracts. It is quite apparent
that inch stipulation, aa well as any attempt
to carry it into effect, would be an unwar
rantable interference with matters which
can be regulated alone by the laws of the
state, anti a palpable encroachment upon its
jurisdiction. And yet this case is precise
ly simitar to principle lo the one under con
sideration.
II tiie General Government have ihe
right to regulate the conduct of oar people
in relation to their land, if it can rightfully
expel e citizen who tresspasses upon the
landed possessions of his neighbor, by the
summary interposition of a military guard
without even the forms of military invesii-
passes upon personal property? From this
ihe transition would be easy to the taktaf f
cognizance of all it regularities, misdemea- £/
nors sod crimes, the right to punish which ^
ha* heretofore been considered as belong
ing exclusively to the State tribunals. If, "
by the treaty making power, the ordinary
operation of the laws, nppp the persons aodd^,
property our owo oitizens can be suspended
as will be the case if the 5th article 7 of tho
treaty is executed in tho mode prescribed ^,
in your late order to the Marshal, the. whole
field of State jurisdiction may be consider*'
ed as occupied; and State sovereignty the
reserved rights.of the Stales, Ifc, are but
unmeaning sounds, totally unworthy oi seri
ous considimation.
1 know that these terms are used by ran-
ny ns mere cant expressions, and that they
have been brought into disrepute by 4he ex
travagant pretensions and abs'utd doctrines
oi a sister State; but they imply things that
are still worth preserving, and as long ak
the blessings of this Union are justly appre
ciated, they will command the best and
highest exertions of the patriot. It is Often
difficult to trace; with precise accuracy, the
boundary which separates Ihe jurisdiction
of the Slate and Federal Governments.—
We can at all times, however, detofmine
nearly where it lies. But this treaty is for
giving it a new direction. -It crosses the
line designated in the constitution, nt right
angles, and runs mto the very heart and
centre of domestic concerns.
But Sir, (here is another view of this sub
ject, whicli will expose in a light still more
glaring, the utter incompatibility of this
treaty with the jurisdictive rights of the
State of Alabama.
As before observed, the right of extend
ing our laws over the country from which -
our people are ordered to be oxpetled, is
admitted to (he. fullest extent. This neces- 4
sarily implies the right of employing the
means that are indispensable to its exercise.'
What ore these means? As enumerated in
tho constitution of this State and the laws
made in pursuance thereof, they urc, that
the State shall be laid off into counties, and
convenient circuils, that tho circuit coui-ct
shall be held in each county at least twice iu
every year, that the counties shall bo divid
ed into small distriets, in each Of which
there shall be appointed two justices of thu
peaco aud two constables, that there ahull
be, in each circuit a judge of the circuit
court, who shall reside in his circuit,.that
there shall be for each coumy a judge of
tho county court, that there shall be also
in each county, n sheriff, cteiks of the cir
cuit and county courts* a coroner, notaricn
public, commissioners of roads and revenue,
dec.; and that there shall be summoned,
previous to every circuit court, a competent
number of grand and petit jurors, and a like
uuuiber of petit jurors for the county courts*
All these ministers of our laws aro required
to reside in the counties to which their of
fices belong. These are the ordinary
means by which our State government is
put in operation, and effect given to our
laws. And yet the late instructions to tho
Marshal, absolutely prohibited the use of
any of them.
Tho General Government has not ooty
admitted the right of ulabama to extend her
jurisdiction over the ceded, couutry, butjif
has invited and encouraged such extensions
by sundry documents to which it is unueces*
sary to rotor. No sooner howevor, is| the j
country organizod and the necessary steps
taken, to this end, titan an armed force is
collected on thu banks ol Chatnhoochee,
for the purpose ol expelling, from this largo
and flourishing section oi the State, all
“ white, persons” including of.course all
civil officers uud othor persons whose agen
cy is necessary io tho execution of our laws.
We will have no power to punish any of
fences committed by tho Indians or tb sub
ject them in any respect to the restraints of
(he law, because our courts will have been
suppressed in all the counties in which
they reside. Now Sir, if your order be
canied into effect will not an instance havo
occurred in our country, add tho first in
stance, too, of the government of a State
being put down and destroyed, in nine of its
counties, by military force? Will not tho
alarming spectacle he-exhibhed of tho laws
of one ofthe States of this Union, in their
ordinary operation, being compelled to
yield in a time of profound peace, to the do
million of tho sword—to give way to-the
capricious will of a Depu’y Marshal, whoso
favorite modes of punishment seem to bo
the configrution of dwellings and the appli
cation of the bayonet.
1 respectfully request that this project, so
fatul iu its tendency to civil liberty, and so
dnpctly subversive of the acknowledged
rights nnd sovereignty of the State of Ala
bama, bo abandoned. I protest against it
as an uncousiUu\JP ne b interference with our
local and internal aflau.S nnd as a measure
of revolting injustice and oppif esstm toward*
(hut portion of our inhabitams who !z? vb not
injured the ludians. I’ut away, Sir, M'O
sword whicli has been unnecessarily and
tuo hastily drawn agaiust this large and un-
offending community. Il is tho appropri-
ate arbiter in contests of ambition, but not
in questions of constitutional right. It is
noijio ho forgotten, that the American peos
plu, on a recent occasion, pronounced em
phatically, that questions of jurisdiction be
tween the foreign and domestic branches o
our government, are to be settled by tha
tribuuals which the constitution vests witlj
the power of expounding the laws. Tt 1
these (tribunals 1 appeal ou behalf of th'
good people of this Stale.
Very Respectfully,
I have t he honor to be, Sir,
Your obedient servant,
JOHN GAYLE'.
Hou. Lew ib Csss, Secretary of Wur I
Washington City. * M
A Youno-Maiden’s Loetc.—Alporiun
cal preacher was one day struck with «ur 1
prise on beholding • beautiful set of curb oi ft
the head of • lovly maid, n member ofJiit
clast whose head had been nsallv very plain,
“Ah Eliza!” said be, “you should uot wasp
your precions time curling your hair jif Got I
intended it to be curled, he would have cur J
led it for yon.” “Indeed,“said the witt<|
mmd, “I must differ with you. When!
was an infant he curled it tof me, but nos
that I am grown op, he thinks that * ;
able to do it myself,”
I