Newspaper Page Text
“If therefore, Unitarianisnl (so call
ed) bo true, the books^afthe Old Tes
tament must be a forgery.
“And, if the Old Testament be a
forgery, Christianity must fall of course.
“Thenefote wo Brahmans must cn-
c ourage and strengthen the hands of
the (so called) Unitarians.” .(^p. 18.)
“Since neither Christ, nor the tirst
Christian teachers, can according to
Unitarianisin (so called) he accounted
eachcrs of truth; and since the Old
'Testament, according to tho same sys
tem, cannot he from the God of truth,
it plainly follows that the Christians at
last are derived, and became destitute,
of any God al all, in whom they c^n be
lie ve.
“A’ld so by establishing Umtarian-
ism (so called) wc c.i length deprive
Christians of their Saviour of their Sa-
sred books, anj of their God.”
INDIANS.
From tlio Mobilo Commercial Register.
Wc are indebted to the agent of the
Marshall of this district, for the fol
lowing letter of instructions from the
Secretary of War, and the opinion of another Company to the force now cm-
Ihc Attorney General of the United ; ploved in this duty.
or who now live upon the ceded land,
and refuse to remove, agreeably to your
requisition, together with the, names
of the witnesses who can, prove the
noccssary facts; and the District At
torney has been instructed to com
mence an immediate prosecution a-
gainst all such persons. This meas
ure is considered eo important to the
accomplishment of the object, that you
will not neglect it under any circum
stances, or i n any case.
Mr. A.ustill has directed that instruc
tions* i na y b e given to prevent the sale
°f Whiskey upon the Creek lands,
stating that the practice prevails to a
great extent to the ruin of the Indians.
However useful such a measure might
bo, it is not considered competent for
the Executive to direct it. The only
power vested in the President is to re
move the intruders from the public
lands. The state of Alabama has ju
risdiction over that district of country,
and her Legislature can only provide
a remedy for this evil, and hor courts
of justice enforce it.
I have also transmitted to Mr. Au
stin a copy of this letter.
Instructions have been given to add
Very respectfully, I ara Sir,
Your obedient servant.
LEWIS CASS.
Robert L. Crawford, Esq.
Marshal of the S. Dist. of Ala.
Sir,-
tinned
(COPY.)
Attorney General’s
Office, August £2.
-In answer to the enquiry con-
your letter of August 10, I
States, on the questions growing out
of the conduct of intruders upon the
Creek Indian’Landa in this State. Wc
hasten to lay them before our readers.
'Depart.went of War, (
August 26th 1833. J
Sir—I have received from Mr. Au
stin, reports of bis proceedings in car
rying into effect the instructions of this
department, for removing intruders
from the tract of country ceded to the r . .
United States by the Creek Indians, ! ha . v0 . the L hon 1 0 l r *?, state > that m my
March 24th, 1332. I regret to per-| ‘ ® ^M.dcnt may lawfully
ccivc the difficulties he lias had to cun-, direat t,)e Marshal of the District, and
tend with, in the execution of his duty, employ sucli military force as he may
It is surprising that actual claims should : .Hg e necessary and proper, to Amove
be set up to take possession of the intruders from the ands in Alabama,
land, and that the irtiiulgencc which the ] ? eded , h Z the ( f cek j
government has granted to settlers, j i. nitcd treaty ci the 21th j
should he considered as conferring up-, ’ 1 .. „ „
i.n them positive rights. | Th , c tr ^ w,th the Creek Indians ;
That the Indians have been serious- provides that asuney shall be made
The filth a v, iclc of
wjll appr—
which have been incurred, and will * ia ' c been made,
refrain from any act tending to violate j tlia ‘ trea ‘y provides “That fill intruders .
the j upon the country thereby ceded sliull |
Austill, that the indulgence which lias manner as intruders may be removed
been granted to actual settlors, lias b y law from other public lands, until
been very injurious to the Indians. i ‘he country is surveyed and the selec-
Individuals arc favoured by some of, ‘*° f as made. - ’
t!io Creeks, and are obnoxious to oth- ] The white men who have entered
ers, and it appears that the Chiefs have u P°n this land are unquestionably in-
made great objections to any arrange- traders, within the meaning of this law.
ment allowing settlers to remain upon I * ,e hands belong to the United States,
the land. Under these cirC‘.!.mata»vW, . a,ld thc ch,ei ‘ s ot tlie Creek nation could
tho President directs that so far a$ pef- . not G ,v0 an y permission to any white
sons now in the ceded Territory, have men to settle on them, without the con-
conducted in conformity with the views , sent ot the United States. But the
taken in mv letter to Messrs. McCoy, j chiefs, it appears, have given to them
Clay and Mardis, enclosed to you De- j »o such permission, and desire their
comber 10th 1332, and have been per- j removal; and the only excuse alleged
mitted by the .Deputy Marshall to re- ! for these intrusions is the license of
main until this time' tiiat they are al- i individual Indians, in opposition to the
lowed to continue unmolested, still' re- wishes of the chiefs. It can scarcely
training from injuring thc Indians, un- - l ,e contended that a permission from
til their crops are gathered, and alter j such persons can give a color of justi-
that period you will require them with- j location. A£ thc title now stands, any
out delav to move beyond the ceded permission from the Indian Chiefs or
territory. It is utterly inexpedient j from individual Indians to white men
with the experience which has been 1 ‘° settle on the land of the United
had on this subject and the evils that | States, must be utterly nugatory and
are threatened, longer to continue the void. And the men who have entered
indulgence heretofore granted. All | taken possession under pretence
other' white persons living on those j of such permissions, arc intruders on
lands, and no2 coming within the above the lands'of the United States.
description, wi’M be removed without
distinction and w.'thout delay.
The question is, can the United
States use the military force to remove
In consequence of the suggestion of tbem? , The language of tho act of
Ml Austill I have asked and obtained | M “ rch 3 | 1807 > loo _P ,a !“ to bc m,a '
’ V' A.. i ! taken. It gives the Presi
thc
on this
— , A(1 . n ,„ v ripnpp-il 1 laaen. n gives tho President, by ex-
opinion ci ‘ . j irans- P ress words, thc power “to employ such
is subject generally, and 1 t^ns- » ... . > ‘ mnv : ud 8 * a _
mi TcopT of if, hat Jou .May give it | military force as ho may judge neces-
general'publicity , in order thatall per- I “g proper,” to remove persons
general punucity, m --- - - | who may intrude upon “any lands ced-
sons interested may s . j'<his i ed or secured to the United Stule.s, by
is any claim to hold pc> . 2 ! any treaty made with .a foreign nation,
land, or legally to resist .i .J a nd by a cession from any state to tho
of thc Government for the removal oi 'j J|ited states. -
of the Government for
the intruders. You are authorised to
publish this opinion, together with
such portion of your instructions as vou . - .
in such .News--, tmn, is sufficiently obvious. All of
may think necessary
papers in Alabama, as you may think
best calculated to give general informa
tion.
While th« Government have a solemn
duty to perform towards the Indians,
which they cannot and will not neglect,
they are still anxious that it should bc
performed with as little injury toour cit
izens as possible. You will take care
therefore that the subject is fully ex
plained and understood, and will use
as much forbearance as is consistent
with the execution of your duty, before
a resort is had to actual force, £t when
force is applied, it will bc limited to thc
actual removal of intruders from the
ceded territory.
You will transmit without delay to
tho district Attorney of the Southern
District of Alabama, the names of all
persons who hereafter intrude upon,
The reasoning for confining the act
of Congress to cessions of this descrip
the large nnd unsettled tracts of coun-
tr v which belong to thc United States,
were Acquired either by treaty with
toreigrf Rations or by cession from one
of the states. And it was only on lands
of that desertion, that any e*-il could
arise from intrusions and settlements,
of sufficient importance to the public, to
make it advisable io use the summary
and forcible remedy'authorised by the
act of Congress. The Jands on which
these intrusions hav.e been mode, aie
certainly embraced bo.th by the words
and spirit und the object ® ftW ‘
For it was ceded to the U.nited States
by the State of Georgia, and is a por
tion of the unsettled country wk' c ** ‘* ie
act of 1307 was designed to protect-
Thc words of (he law being jila.' n >
and clearly embracing in its provisions
Jho lands in question, what legal objec
tion can there be to its prompt and
faithful execution? Had not Congress
the power to pass such a law?
It is true that these lands lie in the
state of Alabama, and that state lias
extended its laws, and thc jurisdiction
of its tribunals, over the whole territory
included by its limits. But that cir
cumstance cannot render this act of
Congress uncoastitutionaLand unopera-
live-in that Stab,. For tho act of Con
gross produces no conflict of jurisdic
tion or of sovereignty with the Stale
of Alabama. It proposes to defend thc
possessions of the L-nited States against
wrongdoers who without any pretence
of title, nnd in open violation of the
rights of tin United States, intrude
upon thc piblic property, and appro
priate it totieirown use. And if there
is any conllct, it is only with persons
of this description and not with thc
State of Alabama, or the proper author
ity of that State.
Thc power of Congresss to pass this
law, has, I believe, long been regard
ed a s a settled point, and the govern
ment have acted upon it according-
>y-
l have now before me two opinions
given in tin year 1821 by one of my
predecessors in this office—one of the
opinions being in relation to the public
lands in tho State of Illinois, and the
other in Mississippi; and in both of
these cases the right of the United
States to execute the law, is treated as
undoubted. And in this very case, the
treaty with the Creek Indians pledges
the United States to act upon this
law in the removal of intruders, and
thc senate by ratifying the treaty have
shewn, that in the judgment of that bo
dy, there was no constitutional objec
tion to the exercise of the power. In
deed it can hardly be supposed by any
one, that the United States have not
the samo light that an individual pos
sesses to defend their lawful .posses
sion, by force, against a trespasser.—
Must they surrender up tlie public
property whenever lawless violence at
tempts to seize upon it? Some of the
Forts and Arsenals and Lighthouses,
arc, I understand, upon lands which
have been purchased from individuals,
without any cession of jurisdiction from
thc state in which they lie. It cannot
bo imagined that tho United States are
bound to stand idle and sec their pos
sessions wrested from them—and then
PC mil to their action of ejectment to
reff-iT 1 possession of their Forts, Arse-
**«./*-^ \„n.» 1*>- f 1 .1
resort a replevin to recover tlio public
arms and accoutrements, or an action
of trover to obtain compensatian in
damages for their loss. Such a pro
position would strike every one as ut
terly untenable. Yet it would bc quite
as unreasonable to require them to
suffer without resistance, the most
unble bodies of vacant land, which they
APld in different states, to bo overrun
and seized on hy lawless intruders, and
put the United States to the nocessity
of resorting to actions of ejectment or
other legal proceedings against each
scpcrule individual in order to regain
the possession. Thc public domain
would be of no value, or worse than of
no value, if such a doctrine could he
maintained. It is clear that a private
individual may defend thc possession
of his property against a wrongdoer who
attempts to deprive him of it, and may
lawfully use uny force necesssay for
that purpose.
„ There can bo no reason why a gov
ernment holding property should be
denied the same right. And tlie act of
March 3d 1807, does no more than
provide the means necessary to defend
the possession of the public property
and authorise thc President to uso
them.
The fact that these intruders arc now
on the land and have been for some
time, cuuitot alter thc question. The
United States have never abandoned
their possession—and tho intruders
have never acquired a lawful posses
sion against them—they were mere
t,’'esp.nsscs from thc beginning, and con
tinue so to the present lime, and have
no better right now, tliun they had at
thc moment when they first entered.
The lawful possession is still in tho
United States, and may in my opinion
ho defended against such trespassers,
according to the directions of the ucl
of 1807, by the removal of the intru
ders by military force.
The papers are herewith returned—
I am sir, Stc.
(Signed) ( R. B. TANEY.
To tho Hon. the Secretary of War.
From 1 He Flag of tlio Union.
The following is a copy of a letter ad
dressed hy Governor Gayle to the
Secretary pfWar, in relation to the
killing oi' H. Owen, a United States’
soldier. It being a matter of public
moment, wo solicited a copy ofthc letter
for publication
to remove an andividual by the name 6f
Owens, from premises, alleged to belong
to nn Indian, has resulted in the death
of the supposed trespasser. A detach
ment of the United States’ soldiers on
the requisition of the Deputy Marshal,
was placed under his diroction, and the
doceascd was shotby one of these sol
diers. Tho frequent incursions of this
officer with an armed force, among our
inhabitants, residing in the country
acquired from thc Creeks, with thc pur
pose of settling disputes between them
and the Indians, hnvc produced very
general dissatisfaction, which, since the
killing of Owens, has risen to an ex
citement, that if not quieted, will lead
to excess equally unpleasant to the
General Government, and to the au
thorities of this State. t
It is not my purpose to show that the
conduct of the Marshal was improper,
or that an offence has been committed
against our laws, but to request that the
Government refer the complaints of the
Indians, to a tribunal less objectionable
than that of the marshal with an armed
soldiery.
At thc last session of thc Gcncrel
Assembly ofthis state, the whole ofthe
Creek country within tire limits of thc
state, was laid off'info counties, which
were organized, so as to givd full and
complete effect and operation to our
laws. It'was understood that no ob
jection would be raised by the govern
ment to its settlement by the white
people, provided they abstained from
intruding upon the reservation sccitred
to the Indians hy the treaty of tho 24th
of March, 1332. Thc fifth article of
that treaty, by obvious construction,
permits settlements upon any of the
jqnds ceded, except reservations “after
the country is surveyed, the selections
made.” The Indians therefore cannot
resort to those settlements as a ground
of just complaint; and it would not be
difficult to show that intruders even
upon the selections, cannot legally bc
removed by the Marshal.
I lay it down as u correct position,
that where the government has disposed
of its lands, nil disputes and controver
sies relating to their title, or to the
right to their possession, arc referable
only to the judicial tribunals ofthe coun
try. I do not dcein-it necessary, how
ever, to discuss this point at present,
i-clying as I do upon the disposition of
thc President, to cause the treaty to he
carried into effect by such means only,
as are clearly authorised by thc Con-
latv-o (■'■■Q' lujisrr-d bv the
tveaty, hy thQ Jaws cf this stale, and by
the express permission of flic govern
ment, to settle upon and occupy those
lands, a population has moved upon
them, equally respectable with that of
other sections ofthe state: and to which,
in point of numbers, thc Indians bear
hut a small proportion. In their pres
ent situation, they cannot bo regarded
as a distinct tribe, lor as such, they
have disappeared, &. been lost in the
large community now in possession of
their ancient bitth right. They arc
permitted by the treaty to sell their re
servations, with file approbation of the
President, and it is quite notorious, that
many of them have sold and other
wise disposed of them. They
have entered into contracts with their
white neighbors, as well in relation to
other matters, as their lands; and upon
inquiry, it will bo found, that in many
instances, their dissatisfaction and com
plaints arise out ofthese contracts. In
these cases, it will not bc pretended, that
any authority can bc conferred on the
Marshal to interfere They form thc
proper object of judicial investigation,
and courts nro competent, and at all
times opened to decide them. By the
laws ofthis State, whenever an individ
ual is entitled to the possession of lands,
he can, by a summary proceeding before
a Justic ofthc Peace, expel an inturdcr
or trespasser within a few days. I
transmit to you herewith, our Statute
upon this subject. It has for many years
been in force, and lias fully accomplish
ed thc purposes for which it was intend
ed.
Whatever may he the opinion of the
President, as to the powers of the gov
ernment to eject inturders hy force,
without the froms of law, I am persuad
ed, that under existing circumstances,
lie will concur in the opinion, that this
Jaw will be equally effectual, and that
tho Marshal at the head of a hand of
armed ‘’soldiers, in the bosom of a
peacaablc, orderly, and quite commun
ity, ennnot, and ought not to be permit
ted to settle questions, that are in their
character strictly and properly legal.
With distinguished consideration, I
have the honor to he, your ob’t sirv’t •
JOHN GAYLE.
IIon. Lewis Cass, Scc’ry of War.
Marshal to abstain from
,«»y furtl
interference between the citizeug
new conuties and thc Indiana. Ij 0
received letters of complaint from i
viduals of high respectability, and
addressed a communication to the ,
Department, requesting that the tro]
may be withdrawn. The Governor d]
not recognize any authority in
Marshal, or the troops of the U n!)
States, to settle disputes between
White and Indian population, and
coinc to thc determination to prevent!
all proper.means, a mode of proceedi]
so repugnant to the constiution &. L a ]
ofthc state. The utmost confidence]
entertained that tho President has
disposition to incommode our citizen
and that tho troops will be withdrawn
the request of the Governor.” J ou
nal of Commerce.
C
-if
Elite
, wou
, that
|Suprcn
octet—
0
to
W
nnish
t
Uissior
i was
iouM
New Echota, 1st March, 1833,
Dear Sir:
* * * * * * t
The following is a copy of a left
from Mr. Wirt to Mr. Seargent, dati
at Baltimore, December 22,- 1832.
Southern Recorder.
‘\Mij Bear Sir,—I have just l la d
visit from Mr. Forsyth of Georgia, oi
thc subject of thc Missionaries, thi
purport of which I am at liberty t|
communicate to you for the purpose
consultation. It seems that there it
desire to seperate the Georgia questioi
from that of South Carolirna, that thi
President may have only one on hi
hands to settle at a time. *
Mr. Forsyth says that he saw Govern
or Lumpkin about three weeks ago
that he said lie considered the
tort of
Itll as 1
jcoiin
joVislij
nn as
be
on t
Klissior
Ittiveci
It said
COl
, of 1
Ucctsic
leen
pan
sted
I'oilv
isr
woul
he
ded
this
listal
ked
■ the
led, <*
penal
laws of Georgia, prohibiting white per
sons from living among the Cherokees
Executive Department, >
1833. \
' Tuscaloosa, c 29lh Jlug. 183 .
Sir: An attempt by tho Deputy Mar
shal ofthq southern district or Alabama,
Indian Affairs.—In relation to thc
unfortunate death of Colonel Harde
man Oit’en, who was killed lately by
a party of Unfit ed stfttes Soldiers, at'his
residence in tho Creek nation, tho Flag
ofthe Union, of Thursday last, says:
Wo arc authorised to say, that the
without the consent of Georgia,
without having taken the oath ofaf
legianco of Georgia, as virtually Ve
pealed hy the recent laws of that State,
tor laying off that territory into couiv
tics, and incorporating it practical!
with the State; and that he wasVer
desirous to get rid of thc Missionaries
by n pardon, an unconditional pardon
and Mr Forsyth thinks ho would hav
done so before now, bad it not bee;
for the notice he received of our inten
tion to move thc subject farther befori
tiro Supreme Court: that if he were,
under this notice, to pardotn them, il
would seem to be extorted by his fenri
of the effect of this notice, and wouli
destroy his standing in Georgia, when
submission to the Supreme Court wouli
<li'strnj7 nny wnn—that it’Mr. Forsyt
I Were at liberty to write to the Gov
or, and tell him that the met on wai
not to be made, that he, Mr. F. ha. 1
no doubt, lie would discharge thc Mis
sionaries at once; and thc object
hi.s visit was to ascertain from me
whether, under these circumstances
I felt at liberty to say that thc niotioi
would not be made. He went on tosn;
farther, that if thc motion was made
and proceedings followed under
authority of the Supreme Court, oi
even if the motion was made, he be
lieved thc men would have to scrvc|
out their time. I told him that I
acting incr»ly as one of their counscl|
in the case—that thc notice had bee;
given, and that the motion would
accordingly made, unless we should
be differently instructed by our clients,!
or by the board of Missions—that I
bad no authority to change the dircc-1
tion which the case had taken; that I
would, however, write you on the sub
ject, and consult you as to the propri
ety of our interference on the matter,
though 1 could not myself, perceive
that wa could properly interfere—that
the authority of the Supreme Court
was in question, which I thought, ought
to ho vindicated but that neverthe
less, I would willingly obey any in
structions from our clients to forbaar
thc motion.
Mr. Forsyth disclaimed any author
ity from Governor Lumpkin or any on#
else, to seek his interview, or enter
into any arrangements. He acted from
public motives,—from a desire to re
move any cause or imaginary cause of
sympathy between Georgia and South
Carolina. He thought the cases were
not at all alike; yet that there were
many persons in Georgia, and out of
Georgia, who thought it. a common
cause, and were strongly disposed, for
this reason, to support South Carolina,
in her nullifying course; that a great
majority of the people of Georgia were-
anti-nulliffers; and that if her otvH*
(Georgia’s) question were settled there
would be a removal of all possible cause
of her uniting in the South Carolina
policy. He said he supposed I knew
the course the President would hold
with regard to Georgia, he thought he
did; though ho had no direct assuar-
anco to that effect, but only inferred
it from his past course—that if tho Su
preme Court were to move again in
the case, the President, he took it f<jr
granted, would not interfere; he hoped
ho would not, for if he did, Georgia
would join South Carolina, which ne
hoped would nevef bo the case. But
l
op
•ihu
Lun
oft
W01
toll
If?
until
of tl
is a
of j
iep:
Itoim
ionar
lentil
to tli
!yt<
it \
say.
Governor of Alabama has requested thc ^he did not see what we could do——th©