11111
mmm
- - ' - " , . . . S ' ;'Jt- - ,-.-,-. . - - t - -!....
'JO. 45
y"' OBLIK", WEAK IV,
..mo, threes dollar per annum on.
f,.- i. advance, auoicnncra m vinrr 'ocarrv
r . i .llnwait ta remain in aneara loorar
F" tear.aBil persons resident without this
" TU atrietiy required wpaythe whole a
' f iha vear's sulxeriptioa in advance.
LTUWTt ' td'nr 6fteen. line,
( ...i three timet for one dollar, and twen-
f ire en" tor ecn aontinuanee. "
L,M to the Editor mart be port-paid. .... ,.
IPOaTAMT CORRESPOKDKKCE.
i ..Department of War,
! September ilh, 133.5
tlR: 1 have hail the honotto e-
L. and to lay before the President.
firiof th 20th ultimo, and I have it
charge to communicate to you nit
noon the eubject of the intruder
on the Creek lands to which yoa re
Hie occurrence, which has resulted
thtde ith of an individual is much
U ntted' StateTi-Httat tbeyjwereinjii:
citly told thathrtrcsTTelit couTj not
and would not assent to this. But
that as the land by the cession would
become the property of tli United
3ttea,,iynrudec from U flvoulij Je
removed, as they may be removed from
other public lands. In this, after some
timer and with' soma reluctance, 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 con-
.icier it me rigm aim me uuijr i inc
President to cause these removals to be
i r- - - i-t - i .i
tedeplorejTATbitherthercnm-t
were tucn as to ju.uit me act, i "
Inccs
fnnf foT
ht wish of the Department, that the
he employed in this unpleasant duty
ill he abbried "fo ir tff produce the
sired result, with the least possible
fury to individual and with the great-
Article 5th." AH intruders uppn
e country hereby ede"d shall -be re-
oved therefrom in the lame manner
ioirijdevaiiBiyLli
of, iB02THf thitointrjjr ami that , tlpertbnt VMtig ttppB -iBch Jrindtther twwH-n far my inspection, made', &c;LotL
vesting tnewnoie jonsuicimn to me the prescrnea penalty aitacnesjo tnem.i i was jt. onceleo.anfteiuain-Tnovi, you reier to tne acl ot uongress mereoi.'v -
taatiha.aeJUirmioaUw to remove tnem oijne 3i 'warctt i tsun ami tane'Tori . ny tne 5tn aecuon tr 1 me urae aer,
the Constitutionality' of 'the Act of
Congress of March 3d, 1807, for pre
venting settlements upon the public
land has ever been called in question
and the considerations, connected with
the subject are so obvious, as to pre
clude all reasonable doubts upon the
matter.
Here then is a positive duty, and an
acknowledged constitutional authority,
requiring the interposition of the Pre
jtident in the case under consideration.
ur4ur EiceUeiicy su'ie&U.Uut'Vea
cooraed by the treaty, by the laws of
the state, and the express permission
of the Government to settle upon and
occupy them, population has .moved
upon them," &s. there I a misap
prehension upon this subject, which-1
trmt the enclosed documents will re
move. N( person has moved upon this
land by the permission ortne uovern
ment Settlers without that permit
sin. having taken possession ofthe
country, and the uovernment io lhi
as in att other caserbein desirous of
fulfilling its oblilions with as little
ble, on the a ppticafTofrof thelttembers
of Congress from Alabama and others,
consented in December last, that the
settlers upon the lind iftijht remsin
till the locations were made. This
wu done, as the instructions will shew
ujion the presumption, that the country
woulu be surveyeiLand the locations
made, before it would be time to put in
another crop, and also in the belief
that no inconvenience or injury would
result to the Indians. In both these
xpectationt there his been a dmap
pointment.
the State of Georgia; embraced thirty
five millions of acres. It was believed
by those interested in this contract,
that they would be in a situation to
contend with the government, with
betternrospeets of auccess, if they
by the Gjvcrnnient in the Creek
treaty?
4n4er.,..Sir. thatyou. . .majjhayeja
full view of this matter, I have enclos
ed copies of various instructions and
thev-"!pier4aviflg-' wlatioor t,, it
TKtsew1Trptaeeouff"
bhy-Jnot amount to aoy considerable
number.
It is true tint the tenor and com
plexion of his letters are calculated to
make an unfavorable impression of. the
settlers eenerallv. but it is obvious that
The country has infeenTttTpm
not been and cinnnt. for some time tie a correct renresentauon oi tneir cnar-
made, .and the complaints of the Indi-
MtTelf toVall Vbon
for'its interference. It become thefe- forror from the letters of this genHe-
fiweoecaarya terminate the-quali lied
be the spirit of all the instructions,
. . t i i
Sncn nave oeeo isiueo.
The treaty hi "which the Cfflf?l
Sit March. 1832. ceded to the
iUei5u.uaM.
a. contained this stipulation. ; Itc Ajenli. rispeetable Individuah,
the principal facts.
"-Since the. ratification, ti this, treaty,
repested representations hive been
and by the Indians, that gross and wan
ton outrages have been committed , up
on the latter, by persoos, who have in
truded upon .tha,. cedei-? lands. It has
beeo atated, that the "houses of thtlo -'
ttians have been forcibly taken posses
residents.
Your Kxcellency supposes that the
Iars1.aI;viWtfi'ftf Ififlfwl- forcrir-ma'-
us incursions amjnj; the inhabitants
with a view ofsettlmj; dispute between
them and the Indians.
If the Marshal, or the Military de
Uchmerit under his orders, have.assum
ed such hti authority, they are actinz
nm-other public land until the coun
- a . t .
. nrrvpii. ana tne selections
idw-exc
' ' " a. I f i.i" ikii Ml.iniln Ik4
Jrotision, iimt wnne - persons-wno
Le made their own Improvements,
hi not exoelled the Creeks from theirs
iitn DeraOllS iliay rciuaiu .tin
rnns are eathered. After the couotry
Lwfyeil'.aBAtha idkctiojijnjidjsj
Mi article shall not operate upon mat
Wf of if not included tn such aelee
Lni. But intruders shall, in the man-
In before described, be removed from
th.' selections, for the term ot bve
ttn from the ratification of this trea-
tr. nntil the tame are conveyed to
i It will be teen mat ov tins Article,
Jhe Government assumed upon, itself
obligation of removing, intruders
'(evthia land, la the same manner ..as
traders may be removed by law from
He "public land. The manner"
lerein referred to is prescribed in the
Ml of Congress passed March 3d,
SMTTenritledAn-Act tprevet
leuleoenti being made on land, ced-
-fir-the-UtiiteeV Stater untiL-iutHor.
wd t;W,c::Thi-Act :provideil,.fgt:
:'ie interDoaition of the Marshal and
hs employment of Military force, un
M the orders of the President, and
urniahes the authority, by virtue of
which the proceedings in Alabama, in
eiaiion to tui aunjcn, i.ia'v
r.T .;it. .lew.. Th nut the entfre machin.-ry of our State -This view u eoaaVie4-by-,tt,iacmm
ace. '", a--- ;""
f There are two limitations t this ob
pijiUoB U0nei excepts fromjts opcra
itim, "those white persons, who have
?nade their bwn improvements, and not
-expelled the Creek,, from theirs; such
Wjons'maf f emaia till their cropa are
fathered." As the season herein al
ilild'Wsa"fa8se'd' icrnps been gathered, thir provision is
no longer applicable to any settler up
,on'ihe8e".landrt"zr:::7;""r;;::"l.r
l The other limitation is to the district
iflf-eountrjr,--tonfioing 4le obligatin4
fofthe Governinent to remove intruders
to the tracts To'catetfTor th"IWian!',
"after the country is surveyed and the
elections made," and leaving the do-,
ty of removal imperative over the
hule cession, until both' of these ob
jects are accomplished. lThe coun
try is now surveyed, out tne locations
are not jet made, and considerable
time must elapse liefdre thtiii donr.
No rirrtinn. on the Dart of the Go-
mnmeot-wilr be spared -to accomplish.!
this object at speedily as possmie, out
from reports which have been niade,
that imnositions have been practised
upon jlhe Agent employed in taking
the census, and (hat more than two
thousand namei of persona are return
ed upon the lists who are.not entitled
tirrfeervitionrndrafl:4he-iiae!L
queot necessity of rigid examination,
s 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 trea
ty imposes upon the Government the
uty of removing intruder from these
lands. It is eouallr obvious, that the
node of removal i prescribed in ithat
instrument, and is speciucany proiueu
by an Act of Concress; and I may add
the fact, that the, whole subject was
folly explained to the Creek Chiefs,
previously to theexecution of thejtrea
ty and that theT were toldf what were
the legal powers of the Government
D0n Ibis tubiectrand how they would
a carried into efiect." These Chiefs
ere exceedinslv anxious, that a etip
Nation" should be Trisertedrproriding
fr the exteosion tf the interconrse act
owners tinven into me .wooas, mat
their " fieldi nd improvement1 have
been wrested from them atd occupied
bywbke- persona,, that .asgravaled. in
juries have been committed upon the
C ergons of, the Indians, and that their
have beea forcibly taken from them.
'The Appeals of the Chiefs to the Go
vernment to carry the treaty into effect
and to afford their people protection
have been repeated and forcible. They
represent that their crops have been ta
ken from them, and they look forward
to a state of starvation, unless some de
cisive step is adopted in their favor.
And ia addition to alLthisthe Deputy
Marshal reports that there are four
hundred persons selling .Whiskey to
the Indians upon tne ceded lamu.
That this state of things requires a
change cannot bo doubted. Surely no
one . would expect jhej poyernment t?
sit still and witness such aggressions,
witaouLanyeort.to. .prevent Jthetn,
You suggest, that the law of Alabama,
providing ToF
by actions of forcible entry and detain
er, would. ha found sufficient for the
protection of the Indians, and propose
proceedings under it should be adopted
whbJLIh at iew,To
the President sees two objections.
1st. The treaty expressly provides a
different mode, and therefore leaves no
discretion with the Executive, and,
, 2.1. There, is every reasou to fear,
that the remedy pointed out, would, if
adopted be found.wholiy insuincieiii.
" Looking at Ihe condition of the Iri
ti;n lnvintruiom amonz them, the
InturiciTtherlia ve-sufferedr and are ex
posed to, the difficulty of proof, and
the ereat tlelav which would attend !he
- . -i. - i - r 4
prosecution ot sucn a numocr ot ia
uil. andin a communitT. which could
not but be excited upon the subject, it
wbW'W
projection promised could in this way
h insured. :
You do justice to the feelings of the
President, in stating it as your belief,
that he is disposed " to cause the trea-t-tn
h carried into effect bv sach
mini Anlf a rp clearlv authorize
hv iheVConstitution and jh-&zT'
is not the sliihtest wish, unnecessarily
ti:iniu-a-4-4)oDrsa-theBettleriLupon
. . r .. r .1. .
these lands. I am well aware oi me
hardshii) and incooveniencea to which
frontier settlers are exposed, and every
reasonable allowance should be made
for their oosition. When there are no
mnr obligations interveninz, settle
mpnt. have extended over the public
Lamia without inconvenience "ti the
eountrv. and without flieinTertefen
h fiovarameht. But in this.cae the
rights of others are caacernejh and the
executive ia called upon tD fulfil the
obligation of a solemn treaty. I do
rur however tee that the treaty, by
ronatruction. permits settle-
mnf y nnn thv -of the lands ceded, ex
cent reservationa" &c The" atipula
tion iS; that intruders halt to removed
lands, before the coun
try is surveyed and Jhe locationsmade
bet that,, alter mese Acit
this provision ahall ooi operate "
fWii hart of ttr country ant included
h a!p.iion.. Na oermissioB to set
tie ia here granted. Go'erenl
,i;,l nm in.!il atinulate' with the In
dians that intruders on lands onlc-cat-a
.i.IMLtk. MnMhl. hat the waioaf
ry pror'ts'toni of the law ttill apply
had been produced mainly, if not ex- crantetT, thatTn ITT cases of aettlement f every person, hi other leral repre
clusively, by the) information contained upon the public land, the employment, sentatives, comprised ia the list of ac
in the letters f Mr. "Austil, written in of Military force may resorted to. f tuat settlers," reported to. the commis-'
the months of Julv and August. AH have no disposition ta question the sioner of the general laid o(Bcerby the
these documents, exc?pt the letters re- constitutionality of this act, b'ut I doubt! -rfjistef and receiver for the.diitiict pf
ferred tif Iflif - tfiefrom
Chiefs of the 2Dth. December last, are1" It was oot the Intention of Congtess.t liasissTppitnder the authority of en V
acL, cu-Bot
nee of claim
who oa the
peaceable poisessioB of the lands on Any one who is coiiversajit with the inhabit and cultivate a tract of . land in
whiA they liver &ac-te-cap &c; sbai tjoei
tracts 'till the several selections are well as companies had set up to large; entitled to-lhefTght of ra'enliptTon, oii;5"
madSi" It appears that -the injuries tracts of land, before and at the period j Becoming trie purchaser, tr( the United
ft
of a date anterior to your commuoica- in passing the act or. 180",- to, restrain act oiCongres entitled at
tion to wr-leleationiTXongress of' persons tre0.ctlnf .Uf :Pb; jand,i.haviftg any written evide
the 8th' December.' 1832. tivinz perwb hadnrobiect jn viewlieyond their( tilamt.in said dtnUict.and
: and agra-'WkU find no difficulty in perceivingJ Gordon' digest fran7wy.i.c1t XKeia'.alf
a been inflict- that the principal, if not only, purpose! tracts are taken.) ;;(ff
ejmplaifledfiwf&etluT
raore numerous, frequent
... -I
vate'l man any wiucn naveoeen mulct- mo pnuvipai, ui .niniin. , t (,f .
.,1 t, Aiutil hi aihmtpJ iha of. Undress was to nrevent them lnm t Caen of tneneTicts emoraced settlers
Dlan.it seems, of reporting to the War; obtaining possession, by which they ea-iTo "a ' particulac jSta'te or territory and '
were general) jiaitru in aniicipation ot
the sales of the public, laud. Out the
effected by a fraudulent contract with Act of 1830 is more general in ita
Department, individual cases of intru- pected to give strength and validity to
sinn. and when they are all sumed up.j their claims. The Yazmi purchase,
.!). . a
upon Ithe territory "tTieT1iad'ipttfChiitl;
acter, or of the true condition ot tneut w tnetr ooject to ucum o , "-
Indian, is ra be obtained from some trotersy oy suits at law, ann to ntnu
.u r ...w. .,5,.n AfTrakTiioajieiiilftn tf 4Ua.tract-f.-CWt:t'- acw not'Wira4Ha-ltaraf qai ter aee
Rted-te-fseeat
to assure you that it is utterly erioner
ous and unjust. Nine tenths of them
hftva not-btefiered-,w.uh.;UAC.vl!!!iaJ,,;
and in the uroer counties, winch ore
the most populous, not a whisper of
dissatisfaction has been uttered.
The country in question, as you have
been advised, has been laid off into
nine counties, by an act of our Uener
ment. and contrary to its views. They
jxerstaltofi
the purpose f removingTntruifers'-
There ;i not an individual aettled np
on the ceded lands, who has the slight
Lest lesal claim to remain there. There
is not one wno lias not oy tne Act oi
settlement exposed himself, not only
toTbtcTOrjavitrtta!irA4e secHtc
penalty. There are no disputes, which
the Marshal is authorized to adjust-
As a matter of favor, and. to prevent
injury as far " as 'possible, that officer
was authorized to permit such person
temporarily to remain, as had not in
jured the Indians. The investigation
of this fact may be necessary to the ac
tion of the Marshal, but it is an inve
ligation,1 not to give the rightpf .miec.
ference, but to stay proceedings which
otherwise under" the law and bis in
structions, must be had; I cannot,
therefore conceive what questions, in
their character strictly and properly
e2al." can come before the Marshal.
Allow mTto repeat". ITiat the Presi--
the CreeK treaty into tfttect, wuii eve
ry proper atten tion to the w'uhe. and
feel ins ot the citizens ol Aiaoama. i
trust this disnosition has been fully
man ifested in all the instructions that
have been issued, and I cannot but
hope that. the propriety of removing
from the ceded land, win oe generally
felt and acknowledged.
Very respectfully, I am. Sir, your
obedient servant, '
LEWIS CASS.
His Excellency, Johw Gaylk, Gover
nor of Alabama, Tuscaloosa.
provisions, and includes1 all persona
whatever, who had settled apoo the
nuhlic domain. :'-- .:
Bv that Act it i. nrnvl.Uil thit ev. . .
ery asttler of occupaot of the public '
lin.l, pride to the nSssaseof tTua Bet. '..7.
cotrlil succeednTiiakin" seTlTe"mffritatwhTTl-now in pxttiHiaMTO indeu4uv4d
any pan n year ioa, -hatis i
4. ..tti. I....I.M.nllin.m..l
with tlM register ol th land omce, for. T f i
.... t . y L L l.-J.
tne oisinct in wnicn aucn ianat my its, mm-..
seUe in the altitude oTTTefefidHnTivnytby
llii litate is situated.
The act of 180r was framed to coun
tcract the views of these and other
'Y'V.y:f
Hera i"t continued, aaccessiim of t v
'fralia'Bteinraimntaaa4a'
iiici persoriro . '
upon eiueri'"'.v4iuiui. iiiisw v v
pre emplinn.. They. ho,w beyond dls t
pute, that during ,1111 time it was me
settled policy of the Government to en
courage our citizens to seine ana oceu
nvents, as entertained the def 'gn of p4
pnsinz the policy of the government, as
indicated in the rule and regulation-
established by Congressrespecting the
Executive Ukpahtmext, ?
- Tuscaki3, Sti Qcl. 1833. $
Sia;I havTthe honnr to-acknow-
leds the receipt of your letter ol the
5lh ultimo, together with the accompv
aying djcuraeuts,They hat? been f X:
amined with the deliberate atteruio
due , to thambject to Which they re
late. .
In mine of the 20th August, the ob
jects I had ,rineipally in view, were to
jUTirgsi io tne rresiueni a uiuub
ceeding. for tile protection of tha Indi
ana in their nossessions anu reserva
Tons, more congenial to tne spirit oi
among our citizens an armed forcer nl
tn call hi attenMon IP' tne irregmeri
ties inseparable from itiempToyraenf,"
in executing the stipulations of the
Treaty, of which the killiS ot Owen i
an instance.
I did not advert to the condition ot
the settlersr up "ch part et tne
ceded territory" as were not includ
ed in'rte selection of the Indians, nor
aefflptt-ahiwhLthjeha.l any
rii'ht. founded either upon theie claim
to the indulgence of the government,
..r th bi of the land to remain. It
was impossible for me to anticipate the
order contained jo your letter to the
Marshal of the 26th Aug. directing the
expulsion of our whole white popula
tion from the ceded territory. I beg
leave,' therefore, fe? ubmifi,t jhe con
sideration of the President, my views
opon this new and unexpected atate of
things, still trmtirig with undiminished
confidence, that upon a review or the
whole aubiect,lhewilLfiBdample room
to rewind this i measure, which i am
constrained to believe is one of aocaU
;;t 'r.3 anif unriiaiiarT net eritr
lo looking over that portioo of the
farnishioat complaint a-
"gatnsl ihr aettlera, which joa did .m
out the entire machinery of out
Gtrvemmentintfr full operation. This
m is Bf s ' w asr-ail-ipetl-a- 'H-.ln con r
formity . with the known view and
wislies ottne rresiueni, s in pursu
ance of the constitution of the State ol
Atabantr.7 Several of -these- -co'nauej
contain a population of six or ei'it
tludaii
mount will not be short ot, twenty-live
thr.jsand.
The great oSject of the settlers, this
year, has been to raise a suiuciency ol
corn and other provisions, to supply
th want, of the nexTfeason. and also
to obtain the necessary quantity of cat
tle, hogs and other stock. It is wen
known that "the first business tf set
tlers in a. new- couniry,l.is to eichange
their transportation for the means of
subsistence, and this has actually, been
done by the greater portion of the pop
ulation in iha Creek Nation. Their
wagons, carts, horses, &,c. are gone
and very mmy cannot possibly leave
the country- vrithin the time pciiod io.
your instruction to the Marshal.
The aclirt1iraT1'aWroriti'6cpe"n
pie have -bWiU.jr.rwnwL.w
and their crops of corn, peas, potatoes,
&c. will place them during the ensuing
year above the difficulties produced by
the scarcity of the last.
ImgineXora .rnoment,jhe almost
total destruction of these crops, the
loss of most of the stock, and the
wretched and destitute condition of
hniiaand of women and children, and
you will have a faithful picture of the
scene which your orders, if executed,
will spread over tin entire region.
It seems to me, that ihe obligations
resting upon the President; M avert
from this large com-nunity, so dire and
vrwheluliiii "a calaaritr are- -a iia ,
perative in tneir chaiactcr'' aslnry
which have., been assumed in the
Pi-poIc Treatv." At least they inter-
pTylngtoTfiintireirttv
mum nnce ot -ta laud." k r
that as ofterr a ihe aettlera upon-wlum Jouc popula.tijjnlhai aj w -- -
the actwas to operate are mentioned, e.i nigmy mcruonuu?, aou mat c-tfcdaimOttlMy
Ute.-aatYeaatf.ea4tJt:fnAfa!!l
them is the foifeiture of these" claims"
. . AH ppisonswho i.had .niade settle
merits previous to the "psajV'r'Tfie
act, are permitted to remain,- provUod
they6M
do not uy any claim to the land, arjn
do not occupy Hie same, by virtue oi
any claim derived from any person
whatever, and provided ls they will
yield quiet psmiioii to any person
wno may purchase oi tne unneu
States. If they refuse to submit to
these condition, the "Marshal, at any
tiine a fttt the firsL.nLJaH a ary. and
after three month notice-, is author
ized ' to remove them, and they in
cur the penalty of one hundred dollar:
an I imprisonment -not .exceeding six
montns. 1 he evidence to iia lurms'ied
aztinst those who mav be indicted, a-
maag. juJiet tbin.ii li?cprtific;; te of I
the register thit their claim to the
ln&l.hVTpad..jju
recognized and conlinned by the Um
te4ittcf?CT,---'---''iw-
Those who mik e set temr-nU after
the passage of the act, at the discretion
of the President, may b? removed by
the Marshal, and they forfeit sll title
to whatever ttnim they-may have which
shall be vented in the United States.
, A recital of the several acts of Con
gress pissed in relation tm persons who
hav
lie I
more
not intend to prevent their cuUivation.,1
and JtuUhi iwin?.tjh. ? J. v "
be remedied by the act of 180 .
i
has been extended to them, in eonsidert-T-
affoflfffBtr a a"reiv"af d fo-sthaaer44ss.
vice they have rendered, by thea
l2(tlemenr,tetie'Mha-te and
productive nest of the soil and IB aHord-dwff-keUiiteitoipBthK
.t w
it. : .: ; v5-
'these act have been passed with the
exception of that if 1800, subsequently
tn 1807, and il it be a crime to cultivate -Ih
public liind, the government - haa
sub-irned our citizens to it perpetration,
by-offerifi them large reward and coo
ferring nn ihein valuable privilege.
Jf, then,' the settlement of the waste
lands of the United States, is not an- -lawful
of Itself according to the spirit,
tm intent and jneaniag hfJhaiet of
181)7, the President cannot " properly
exert the discretionary power conferred
onhim lor the removal of settlers, unles
he has rood reasons to apprehend, that
tliey ii
landtney oeeupyrorHn-Mme woer re -Vpect"
op pTwin g the 'Am'' of 13wn gress for
..disposal of the public domain, of In-,
terfering with Land defeating "the rBle "
and regulations respecting the territory,
of the United State." tfothjng of,
this kind has been done by our people,
wholiAve AettleiLin-.theeoutitry redrd
by Hie Creek Intlian.- ITiey "desig
nate no boundaries thereon by marking
trees or otherwise,'? nor have they any
s ticcupied Tind rottivatcd the- pub Intewtiua to wilhltblditfirotn anxperaon
lands, will confirm the opinion ktilj or p-rsons who may purchase or the
e conclusively, that that body did United State. I heir only object 18 to
. 4-:
4
L
nose cn'dei-lions of equal weight, I
. . -.i .i . i ...it. L
II ,1. ..( inik IRrin arli
act, shall have erected-or begun to P l JpublMlanda with no dei gn.
;'shtdiuppiiscrwillvh,y-lchJt
-hat been tndocel tveooit.mese.o.:,
ligttions until the present time,
"it is aot to be loit -siiiht of, that
these people do not stand in the light j
of intruder who have settled upon the !
public land, and continued their settle
ments against the orders of the govern
Lroe.n.kA.!
letter to Col. swing , and, amcra oirjtne
8th December last, all who were then
main until the selection were made.
Thi you ay wa given, a it doubles
wa, " upon the preemption that th
country would be surveyed and the se
lection made, before it would be lime
to put in another crop and also in the
belief that no inconvenience or injury
would reult to the Indian." You fur-
trrotirehattnoti-iueeex-
pectation there haj been a disapojnl;
erect a gnst mill or aw mill upon : any
of iho Jjiuds liertiu-Jircxtcd. to-baJold.
shaft be entitled to thetpio emptimr wf
the aecTioninrfodrnj!; ueh-illr aUlbe
riieof:trdwJraref-acr'
y the Act or the 3rti Feb. 1312,
'every person or the legil repreaenia
ive of every person who has aciuallv
iuhabited'and cultivated a tract of land
lying ia either of the "district's eUb!ish
ed for the sale of the public lands, in the
by any nther pt:rofri7nd whfthalt
uot have removed trom said territory,
everyTucI
occupy thi-ir setiieoients, until tney
shall be off-red for aate, and then to g i
into the rrrarket iipoo-eqeal term with
other person, the " manner" there-
bat to cultivate the in,, it ootJy tniJiUrjr
force.. '..r,T;.izZ'y -
'HA,'irealj Jits an, act .of. Congress 1 p.
the supreme law of the land only when '
i t iamaaia pttrauacfl otCilve pansti- r.
tution ol the United SUtea 11 it
trenches upon thtf admitted juriHdiction
of a State, or violates the constitution
al right of a citizen it i not law, can ,
impota no obligation, on our people
- -u ' . . i r. .... I ..ll .L.I' L..
ana win uo ueciareu nuii auu vuiu ujr
th4e2aJTy.-CiJU!titutel4ulIiorjliM
pSaob U believed ia ba the character
of that p u t of; the 5ti article of tho
"i
wa
tie
The delay in making tha' location
not produced Dy any ot toe act
r.. and the iniurie comptaiaed of
have been inflicted by but few. If the
first cause or disappointment uo
of complaint, the in doea not lie at
their door, and 1f offencea Ua ve been
committed, justice demand that ihe
perpetratora alone should be punish
ed. ... , , . f-,'-.
The fifth article ot tne re;y oi
sentatives. shall be eniiiled to i prefer
ence in bscuming. thu purchaier from
the U. State of su.cn traut of land at
private sale." .
, By ihe Act of I2ih April, 1814. ev
ejrxperson add Ihe legal representatives
of every person, who ha acroAl'y i'hab
ited and cultivated a tract of land, l
JaW tiTtharparrofrtbe-State of Iwh-
1na which cumpoed tha lata, territory
of Orlean, or Ilia Mississippi territory,
which tract i not rightfully claimed by
an other person, "'and who shall not
have removed from said state or terrilo
. .. . ..... c .
ry, snail oe enutieu to toe rigni m
emption in the purchase thereof." .
-.Br the Act of 22d April, 18 80. ev
ery peron or the legal rep'rcsentalivei
of every person, who being either the
hp,l nf a family, or twenty one years
of aze. did on tir "before the firat day of
MaWiSaUlUn
de upoo thacountrynhlreby ceded.ltivate a tract ( of t;eJ . ' J
i :.i a .k.Trm imhB lame tarr tory of. Florid a.wbich.trict j not
' r; .HnlruXa may be removed rightfully claimed by any other pertonj
from other public land, until the coun- & whe . hall not have removed item
Z tnyveyed and . tho telectiont Jaaid Urntory, ahalt be cititletl ta the
ment ha undertaken to remove by'
force alt Intruders apon the occupa
tious of the Indian, until the coiro ; .
try i urveycd and the selection!
made," and alsi to remove tnem in
the aame manntr .J from theaa aelec- '-
tion for the term of "five year from
the ratification of the treaty," &c ,
The- Indianawlulthey it tain.cd.lhcir . J
character of a Ti ibehad an unqualifi-
ed indefeasible right.to their immediate
improvements. , Hie gecoud article of - ,
. . St .a aa. ,
the treaty not oniy conforms this ngna. -of
possession until the selection are' - -
made, but after that period adds to it -
a fee siiiiple title, Die article refer ;
red to require that a "census of theie '
pcrioa s stiall be taken under the direo
r. - - ' . a . B"a 1
tion ot tne rresuient, ana tne seiec- ,
tions shall -be jnado- an at to include i 4l
the improvementa of each person with-
in nia selection, if the same can be
made, and If not, then all th persona .
bcloneinr to the tame town entitled tn
Selection., tnu wnv vuk iow
same to aa to include their improve
meati, a'tell take them, in one bodjr Ift .
-1
1 '
i.
A '