North Carolina Newspapers

m xro. 4a a 'W 'A. in,. Jul VorfA ; Carolina Gazetted rCSUMU, WlaKLT, I. i tAWRENXEf & I4EMAY. , Ltscmirrtoa", -three dollar per annum-on kj4 ; ijmot k allowed to rvaaaia in arreara longer (Itaaoo year, and peraoat retidentwithout Uita i emm. who mar deajr .to become aubseribera. L.lf in Idnnw. ogoicrnnn in r ) be atrictly repaired to par the whole saat ml ue jcmr a BuuaarHHion in ignin, pfl TiacTa not cieeeding fifteen lines, lStrud three time for one dollar, and twen ..- eenta lor each aontinuance.. -, . - Trom the Globe. ; Dbpartmekt or VVa") -... October 22d, 1833. J gia.--l have received and .ubmit- U to the President your letter of the P . - - A W . I ; . I imuni, idu 1 am-inairucteu 10 mmunictte hie view upon the cun- Ideration therein presented, to far ai , hat tan be .upposed to hare a bear jljnponthe present action of the Ex Iclltive. vnuer oruinarr circuinnau ifijjt wouJl ti nt probably be necem- again TtcTrevert to' the dfieVoTtfie' rtstdent,rttfie nttd upon hint by the Creek treaty, gd by the injuries indicted, in viola in of it, opon the Indiana. But the reiident it tu anxioui, that the citi en of Alabama thould tee in hit ours oTfiedtctateTif Tin impw ire duty.; and that the pertona living possession, whenever necessary, and hut pre? entireaoit.M anj other mode I f proceeding;, ; that i hat been tiirect J, while announcing to you that hit iewt bate not been changed, to pre ent the reatont which have ioduced Ihe decision he has made, f In my letter to you of September Bth. I did fhvtelf the honor to ttate, at I Same length, the obligation! of the Ex ! feudve connected pf intruders from the district, ceded in 183! btth-riSee verted to the act or Congrett ol March 3d, 1807, rendering penal the WaihociMdlejnitJrt3e poWic 'lands, and directing the removal of all 'persona engaged therein, by t military force; to we provieionti 01. me yrees (reafyTtipirinfthtvictt dert, and the statements ana reports of the Indiana themselves, of public Scera, and of private citizens, prov ing that waoton and unjustifiable out; rtjtt had been committed upon the Amen and having thus shewn the he- nsity for the interference of the Ex ttutive.' the authority exnreasly con- ,'ft ferrtd upon him by law, atfd the obli "ration imposed on him by the treaty, I i Battered myself your excellency woeia hare teen in the instructions, which hire been issued, the execution only of a plain duty, and its execution tem pered with aa much forbearance, on ac count of the condition of the-aettlera, is was compatible with the public faith. And although I have been disappointed ia thisHtpectaTionTT maTyet ask-your indulgence, for briefly adverting to the topic presented by you. , I understand your Excellency does " not Question the constitutionality" of the act of Congress of March 3d, 1807.1 but that yon doubt the correctness of the construction." And by " the cor- rectnes of the controctioo," I eeire you consider, that the provisions 9 u:: a 4.A r..r.m' oVfVtM. H.u.A ii..n,i h-;p'"" ""'7r" Tr . . . nWtio ini orcoursethst the, SmV Crk l'i'iJ-fiK utte to the public indiV.im:mtM -v: . - r- -- - . . rax ana retaining possession "". A . . . rit i , Oat thoJ.tter.wa.-ono i.w r . . - - .a - L may UC aaivij uiuiticu. ... aiia.i it was the only one, it disproved by' the phraseology - of the act, well aa a tL ..-:r... f,f.ntH. I ment declare hall take ilement ion. Shalt IVirTiVm tr f-,1 h.STnS? ihe ground that the tntrunera pre- re OH th wrnn f fnrtn.l h i isav vidian w . .y be.aaid. that auch a construction wuuld render ahe-whole ... innnrfra BK1 IHl":i tive. For the claim of mdividuala can nly be known br their own declare (Ions. And therefore, if an intruder, miking no claim, is.ure of peaceable possession,- sroliw-inaking-daim,. is as sure ot forcible eviction, it it moral- It certain, that the latter would quiet ly aeat himself upon the land, and re ia,ita administration. 1 hat act "a-:v "' 1 7 "I': " ..r .V. . m that if any peraob,, ac4mC. . .. , wttlcn4 MV(ng. cuecteu. M.uu!nnaf nrnikeiKt them. wnicn tney were mauo, possession ot, ormaaea.ei , . t,-ii.. k . k.i;T ' 1 i.::i..:. -r .k. " l.nrl, fL,p " ila nrovt : nare o reimni "-"i . nerai legiaiBiiuu wi iv on any land, etc. it. prort , . . . . ,. . , lh- ,.. f: & a T"u a-. 1 rat- 1 1 u t as. uv v - wam in tz v iuuii to Pi.fi!,!i. ; ,:i .Examination ot the Act will remove ; Utely ceded to the United State, it: necessity in the ordinary adminiatra ueonueiy, or nui n a. ( doub,eM ,n present all . rapidly settling by the white.. This j ii0n of the laws, without Ihe superad lermineii joy ine tnu-j '.jjj settlements opon the pub must not be permitted. The effect of ded obligations, now imposed upon the tain possession 111 tight could be deter "lion ol a suit againit pim ion pra eratioo, the phraseolog . J Tu t v at tne act 11 ' a.ir j - r .i.:: l 1. r .u.' Shin. A.J I- ..lili linn thia r..n, ,I..HO lanoa, r" .BVoder m IT."i" lid " ' !"';'. P"iU.' : oueniier or -men 1 , . . ... .. i.,,- ;' j: er.." .tys the law. ahall forfeit iirXSush; or theii right, title or claim f any wm or iney nave.:' now 11 tne act pply to those only, who enter upon or hold -public land bv tirloe of a right. title or claim, thi. conditional expee s o was whol v ennecessarr. It. therefore, the law extend onlr to those. "he arare a claim the emresion. " if any he or thev hath or have.' become. uoecessary. as the rigU, t'dli or claim ateotiat to its operation. At these ds are -jeJ. ther tttdtotlr imply that tome of the intruder! upon the public lands may have claimt, and othrrt may not. Anu ocsiues, tne title ot the Act it . . k 1 .l - ; 1 aen possession oeiore, ana anomer m those, who may take possession alter it. passage, the latter are allowed no irSduWnce.. Committinz the . of-1 fence, wiih a full knowledge of the law, they become obnoxious to its pen-j allies. Uut the former are permitted . to remain, as tenants at will upon cer tain conditions, and in a mode pie- scribed by Ihe Act. And among other thing, it is proviiled, That such per mission .shall not be. granted Jo. ao.y. such applicant, unless he sh.ill previ ously aign a declariHn, stating that he does not lay any claim to such tract or trade of land, and that he does not occupy the sambjr virtue or any claim or pretended claim, derired or pretend ed to be derired from any other person or" person I. " .. , Tlii. prorisoT contains the only dis ilacWonr,' "whic".trt Act, between intruders who settle without tUiins. aa4 those who decline flie'relTnquihmefit-lf distinction is, by the provisions of the Act, rendered tangible and practical. For all persons found 00 the land are liable to be' removed, nd if they are deairout of avoiding the consequence, they must come forward and sign a declaration of relinquishment. But here the distinction ceases. - It waa io tendedrno doubtrtor prerent nneces wy ardthipt-4o-persnawhoK4 moving upon land, however they may have interfered with the rights' and policy of Hie Government, tlilt ba.it.ri olated no law. For the future, all are tresD.ssers and all offenders. The in dtt, ence( io faf0rol to favor 01 the settler with- rhhifpwr tioo. . Now if such tettler were not included in the general provision! of the law, why 1. there a special exemp tion, operating upon those wnu nau oreviouslv obtained possession. And upon the construction contended for, placing evtn these in a worse condi tion than they would have been, bad there been no clause for their relief. For if, at your Excellency insists, the law did not extend to them, they would have been at liberty to remain, without interference, until the land was sold and the purchaser obtained possession by suit or otherwise. But their condi tionrpoi worse than this, fur they not only en5L,ou'y9.0",.P0Me8i'on purchaser, but " reinnve altogether from the land." whenever "require! wevVnt "ft li VJMZXj "7I?"W,C Un i, . ? L icountry. where th. Goreroment w.s llJllXllA l.rPe,,,n!u!, J"'Sntnyboun. the gre.t land-holder, fur relief, both d ifnfl Z ' e9..;- .threoD. br mirk.ng tree, or,,, to time and price and mode ofs.le. tiZfu t 1 a" W" Sr-,0"": f .. I Persons wHh an inceptive title, derired Ill t i I U description., which L In each of tbese cases, the provi-lfrdm the payment of one-fourth or a wouW W MovotorucMh. H the Government in Us disposal of the not extend to all intrusions, with what. ' w.nted the price reduced an4 the time puoiic domain. j ever-motive, upon the lands of the UJot pavment prolun5ed; and persona in But there is another view, which ap- States, words hare loa iheir meMiHg,i poseMin. but without title, wanied pears to nve, decisive "of this point. nd the Government, during tue'eesjthe right of entering the land occupied :rii.Afit inbracea lw etasse ae.T one of persons, who may harie ta- j 'du' their own lut'ws. and .the legairout the competition Induced byrpubTie " the (ettlert upon sttler upon the Creek land, if they had held possession, upon and ver ,jnce ,,e pao,ge of this Act, and comr)ied with all it injunctions, under the authority of the. U. State." I ? encourage tne aeuiement o. ine pu Even then, if thi. provision extended tdM" Unds. preymu.ly to their .ale. and per-iat:ii thev would not have the slishtest rjffn to remiB, a they have " Aeen . i . j' sl tLu.. The Legislature, at various , ate, """lc' c,",,n"e ' 1 "f'-f-ctory to them, relax it provi lnrh.' Wrv ua ti:i bj temporary Act., and allow toremin upon the lands. Act ol March 1n narch,.e them, witbotit comne-"tA.. P."8!' nn in, ajlll III iIJrtll. laiu. mi mc vii, wt ' AnriL 1818. Thev were temporary . , . r " , I our csceiientT iuniiH " i : . r- .11 .. ,Ka Antn lion, mat iois vci waa iiaucu m in- 1 . ... . 1 . . . . ..I ... .. vent the Xloo purcnaaers mu ouirr ofthU Act. : cannot, by' aoy'Tair role ot ,- r. f, .,: , k. : conatruction, I HIM 1 1 19 vjs- " vw 1 - . a , fr" cases stated by you ou. But you con-1 'aiucr una iii'm - J - . ...,...,.. i4. u - I - - .u: . . riinfirmit h ' , . . I Off WlkU'll I1IU lilt W w '' mentioned, their claims are adverted to, and the .everest penalty denounc- ed against them, i. the forfeiture of their claims." - I imaeine Ihere is a misapprehenaion uDon thi subject, which a more critical ""' .m .inut r un der color of iile. If the former, the . . ,. 1 1 ..i intruder was name tu wo mni.u. ' r.;..t ..tiif fdiYmMnla -of ln- tracts- ttl r 'taw w lrilahv d imprisonmeotr If the'latter,inrThBy ,?ule ll the choice .pot.,JiUed by M C.Jhouo for the removal j P -,. Ift n-n,,v andf-.A,rm addition to eriction, to i penalty and,nd form Wiobinti(itfrn m . . & , a a J , - a I ' tr 1 1 a f I .1 i.Un.nnmni. helorleited all Claim to the land, and hit right patsed to the United Slate.. And the provisions 01 . a the Act are varied, so a to meet inee diRerent cttet. . , Tbete provitiont aret ; -If i person shall take potteiiioB 0 public land; ' ', . If a perwo shall make aettletnnt ob vttthe landj li a person ahall caaie pu Und, w f ccuP,ea' Kn poiietsion of, or a a en... . f l 11' " prrauw.,,.,, IBrrvy, or attempt legislation 11 filled with petitions and shewin that the distinction now ad to turrrr. or caue tu h urTl . 1:...: r. . '.l i... , ' . . . . "j-i i""-i)tncti wnicn lounw tne act orssles. From time to time, these ap- i UMru8lon ' - . 1 ne power 01 congress to pass law.; P0I hi aubject is derived from that'Ust class of annticants. have been re- clause of the Constitution, which rives ; them authority to "make all needful j ru,e " regulations, respecting the jTerritory ami other properly belonging to the United State." And indeed, without such a pnwer, it is difficult to conceive how anr suvernment could .C!!M..!1 tions. As jtirly as 1785, this matter engags.d4hft a greis, and the settlers north of the Olio were removed by their order by a military force;. General Knox, in his repnrt to that body, sirs, that "in his opinion, the Untte.l btaiea are more ; citii,eng of AUbim.. hare seen my-liaWe-tobe dwappted-4n 4h l joatz a otrr5cjrted4 4oiany-of expectftions of the great national ad-ie .limcattre, f the settlers of a new yantangea eguUiag.4ramjL ministration of the Western Territory, by the evils of usurpation and intru sion, thart by ny cause whatever,''--. A sentiment, entirely at variance with the idea, that removals from the public land should be confined to those intru ders, who enter, or shall hold under color of title Mr. Crawford too, ia equally explicit. He says, in 'a letter to General Clarke ol July 5, 1815 ".The premature occupancy of the pub ( ne lanus can ue viewcu uiii-t bo hi !! lThTtcJTSfatef,rffiir by the most prompt and energetic met sures," Arid the proclamation of Mr. M I'd tsonrof December 12 .8t5-Jireetaf the removal of alt persona, who have unlawfully taken possession of, or made any,, tettleroeotonJh jpublic' lands," " andTo ect"tfieaaiir obTectTlie au thhrizes the employment of such mili tary force a. may become necessary, in pursuance of the provision, of the Act of Congress aforesaid," meaning the Act of March 3d, 1807. ' . - . You consider. Sir, that a recital of the several acts of Congress passed in relation to persons, who have occupied and cultivated the public lands, will confirm the opinion, still more con clusively, that that body did not intend to prevent their cultivation, and .that this was not the evil sought to be reme died bv the Act of March Sd. 1807." And you then proceed to refer to five Acts of Congress, passed between L8O0 and 1830, granting pre emption rights to actual -aettlers, as-evidenc f the intention of the National Legislature . .1 1 " . :l 1. " ' ; : Act of 1807. doe not embrace this class of citizens. I must coufett, that the subject does not thus present itself to my mind. Act ana Drov iainit in lacquiic peaai-; val. dur ni Itt existence, lor reatont tition. or giving them, io other word. ...u.. nr...mnli ...via, ...u., . .tlil nro-Kinniiiin r'xrht. f . M.iwu v. - a i hpsii tsmnnrarr acis au aitre t Tt... 1.I...U iiIm .n. . - . .. 1 1 . ' ,u hi ,k. limitation VUICU- ci iuwo w f ' " . . w..t nt-rioda bv their own limitation. and there is not one oF them now nn . . I. f-h .1 : . ,A.A.!.tA torce. jjo mee eceiiiu wwiuiw 1 , 1 :.. MatM... 1 in, trpnerai law. or nnrmw u mih- 5 ,inne t conceive they can do ttetther.-i Permit me to refer you to the follow .law. "' n. txtractrfforTmofor . r..i n.L-m. ,,f rwfi..r, r . MirUClll'llal V V"li ..enw-ww .- w. 16. 1815. on this subject. lou will i uci vci-v, --i : f ,1.. I ;n.r,l. .n. nF Ika nrinnnsl rraaona ... . ... ;4 , tne existence of thee pre-emption i riMits. Should force become necessary io rlhe - executioiLiif ;your.dutjet1jt will be aj UIVU lilt UUUMV isww" f " . ; reaily, and will be directed Dy uenerai . G-ines. 1 understand that the land. 1 i ...I .)..... U ia nlace the verv ! ,ur,t pirt of ourxitizeot to po.sesi.oo I ., ,.r k nnhti -v...-- r - 7 , , ui uo tmi " r" ". 1 " U"JVTim P'M.pl". ..""!-- - im. - ....i. n. all k rhmra amita. .-hiaer Irom Diuuhie iot ii me isou so settled, aod in that manner dep rive the Ouvernment ot tne petsioiuty .oij receiving more than two dollar per acreretxcet-above that - price goes into the pocket, of thi. lawjet. set if men." : . - '" - Yo are doubtlest aware, air, of the difficoltiet which, previou.lv to the io rnJuctioa of the oresent system of prompt paymeol for thr jpubli laodt.l r attended thulr management and dispo- " ' j m v" vi uur I -Trim Kkl at m ,U., K..k f ... innii.iM'iin iigin ii-tj biii oi we plicsuons were suecessrul, and aome of the laws, psssrd for the rener orihe fWred to bv you. They certainly show ihe liberality of Congress, and insured to the settlers their tracts, up- on the pivment of the minimum price fixed by law; but they really appear to . . . 1 a . 1 1 l me no more to prove, that thee penal ties, without them, would not have them a title could have been acquired ia thft modjUt they preach I had the honor, in my previous let ter, to state it was with regret the Pre sident found himself compelled to in- tfrfere f(,r ,he rern0 0f , of the eoontfjf t4ook witbiwtej-esitiouo thir condi tion. And certainly, were it not for the obligations of the Creek treaty, The President know w reatanr, why the person occupying these land thould be removed, any more than the tettler upon other ptrtt of the na tional domain. That there are many respectable citizens among them I have no doubt, and fitment, that any measure "are necessary, which will expose these to losses and hardships. But the United states nave purcnaei of the Indians, and stipulated among'oW trom intrusion. I he moiie 01 11ns pro tection is expressly pointed out in he treaty,' ahl Tmay add,7hat itboBt thi provision, the negotiation would not have been successful. The Imli ntfiriittdem he coun try should be held as an Indian coun try, and that it ahould be exonerated Irom the operation of the taw of Ala bama. And thiademaod they adher ed to with great pertinacity. But they were told explicitly, that the gov ernment could not. accede to this pro position. That the jaw of the Slate had been extended over their lands, and that the United Statea could no longer exercUe Jurisdiction there. The difficulty waa finally met and ob viated by the existing provision, and its operation and mode of administra tion were fully pointed out to them N0 discretionary authority i. vested io thr President, permanenllyrioiexctude some and permit othert to remain, and if there were, it iaeasy la see how. al most insurmountable would be the ob staclet to inch proceeding. Mixed as our own citizens and the Indian art upon the ceded territory, it would j necessary to examine the question, none of , ihoe runetioii. ot supreme 1 au nnt be possible to designate 111 the in presented by your Excellency, wheth.thorlty ioclude.1 tn the very term itself,, dividual, who would commit or haveler atipulation of thi. nature could be -and essential to hrr"t of die- committed iniuriet upon the latter.; lormed with the Ureek inoe. unuer tne i8 w Incompetence of the Indi circumstances in which they were manner, the United State... while re ama. in thee.sential point of I placed in the State of Alabama. 'Hut moving the settler, beyond thebounda- The legal T Hnce. their it7nornce or our ian- W.d laws, th treed cond t on. and I may add. with- oot reflecting upon th m'sny worthy ! and if it it, the operation of. the Act of citi7.eul, living upon these lands, their J March Sd, 1807. opon it cannot be d,t pogor; to the machinations and l..'ted. upon the principle. I have en .0l.M-r maintain. - Butyoo think wou,d render it impretieable to af nmim vii v 1 rr..i ..ta.iia r.i-ntri'nwi lir n t .,IHU , I1CIII HUKUjaiW J I rrt.,nr,n, in iiiaeover an(i reinore inose ' . . . , . 1 . 1 j , 1: - n.l ...... ikm. I nnl ha miure iliem or their orooer. i- -uZ .r,. ih.Sr ,r,r. ! --j, - j ..... 1 UV. WIIW IIBJU isassaas vi uru- I .siDie a experience na aucwn. . .. ... I ..I . . 1 1 ' I . I. ' , trtfCtion f which wnold limit- the act of - 1 nave aireaiir sam. mat too (uo- . A discrimination would be tmpotHanfl twenty-eaciviDfy win certaimy toterposHions 4srch-5(jir x807,"t the removal - or - 4n - the. object for,trudertfroin.the public .Ia,nds,ho leare the ge-ielaim' the possessioni they nccupy,l country at it disproved by the practice of the gor- - 'eminent in the administration of that I UHU IV uibtu w Proclamation issued by Mr. Malion . 101 A n,n.in,linii the rftinval nl in imi-v-.i.-.4 II. ..I .k I.n.l. ,k. 0k..L :...,i-. .i .vrf,i;.n r..r. tii f...i.U. to whieb'thef 9r TCI UUi" - a 1 -r. - ihe instructions given by Mr. Craw-1 would be exposed, and to iniure mem a ford to carry this Proclamation into ef- ijust conidr4tioo lor their property, feet, by military authority, and by the;Afte" the eonveyancei.are approved, rorciblejeyction of the intrudera aodjOie title vest, io the grantee, and he is the dettruclion ol their .dwelling, And this, at a measure of propriety or P.!,l-r h th. atioulations of a so . r ---- - - lemn treaty, under which the United State, hold the land in queation. I encloae a coot of the instructions. country, west of the Mississippi. I am aware, that in the latter case, there was no Slate jurisdiction extending over the country, and I do hot there fere refer, to it a. any practical test of the right, of the Government, where there may be conflict. on. of jarisdic lion between the State aothontie. and those of the United 8tates. Indeed this ia rendered unoecemry by yoar admiaion of the coottitationtlity of of March 3d. 1807. But I uT... ,k.. I . t . : . - iiih v invi laiicr , iniiraciuns, i and not claiming title; ha. been here". tofore unknown or . disregarded. The aettlera upon the tracts, ceded by the tribe, referred to by Mr. Ctlhoun. could ooly be removed lindef this Act, the subject, where the Indian title lut been extinguished; and those inruc- tions are general, requiring all to be removed, without asking .whether their land they- ocwpied.,lror-tffrtccupv TBQccu. .vtiwren winiueri ciannins these settlements until they should be ottered for aale. and then to go into the martlet, Troon xqualtermi-with-.othcr Derione." Extracts from a letter of instrue- titn. of Mr, , Gallatin, then Secretary of the Treasury, dated June 27, 1810, to the Secretary of War, are alao trans the act mitted, by, which jrou will eee, that-Ttflfth, circuit court shall be held in eaclv l' . 1 . j . e . . 1 . . -1 his application to this department fur the employment of military force in the removal of intruders, he considers that" there are but (wo cUses of per tons, who, according to law, cannot be removed, viz. Those . who nave par chssed lands from the United State;' Court, who shall reside in hi Circuit, and Secondly, those, who having sign-that there shall be for eachcounly a ed the requisite declarations, have re- Judge of 'the CountyjCourt, that ther ceirefl written permission to remain on 'shall. be also inreachTcounty Sheriff, the land." Thus expressly excluding JCIertttJof thl'ircul t and,. .County the case'put by your Kceirency, wRen CoaHI,--a:.CofOgfi';Noniriw Public,- settlers nrcuaywutvnut !Will-frltrnii3ommi'Mtri-frl ieuleri-iixuMT-wwhtfrmHT-ctatrn log lUe,laM..ibejtnafu contended that the persons on. Jhe &.!..,. JM signed the declarations and received permission to remain. For indeed'; such a procedure would be wholly use-; less in these cases, even were this ben , elicial privilege, confined aa it is to, cases of intrusion, happening before the j passage of the law, extended to them, , as thi declaration and permission ren-l der tTaecesaary wneaeree frOi other cause, be or they may be requir- - j."" - in-Trwtriwe-Uwttctf rlitarjiihtw the State ol Aham 4 States7sino"doVto giveoietossesff lion of such tract or tracts of land to trict in question is fully admitted. v ihe purobas purchaser, or -t'S.r- jTe PrVi4nt dues, not claim .on behifii2:5r4. move altogether from the land, at the of the United State., any right of juris - ; case may be." j diction, except uch a is every where v , v S There are, in the archives of the vested by the Constitution in the Gene -. Goveritmenry vwohaotUJtUiUsi4a S - . ' .-'. t l - - . -- t -a J- W I'. 1 A .. .I.. t,.'. i 4. '.1.1-.. . J. shewing the course, which hat repeat edly been takrn, whenever circumstan ces required the removal of intruders. It would swell to an unreasonable ex tent a communication already too long were I to refer to them in detail. Nor can it be necessary, for it may be safe ly asserted,: that not; thrlightesf rea son appears in any of them to support the ground of exemption, now advanc ed, it is believed, far the first time by your Excellency. V. If I am correct in these view, it fol lows that the Creek treaty, which only requires the Government to exercise a constitutional power opon , .. itt . own lands. I. itself --rithin the paleif. theTto feHosselisToW-brhtrhffe-inil land. I constitutional rights of the treatv mak inr authuritv. And aa the United Statta. in thea removals, neiform onlr an acknowledged duty, it becomo un - ina 'iu.j inn nrupt-nj i io wnneu mane, seems not to oe oemeu or ro) jthat "afterah. Indian. are placedlin . j. , . - , c niiiiscssion of thetr tracts." ninelv ol , - ----- - . l : . l. wkirk In pnnliiK air honored and w'litii arc fort rre.. & the other, three hundred .- - . " 'J - , I sincerely jwn - wvi.iivi.i. iM.aa it, Ik. niil.li.' tr it j O . ... Mill. Iia tin 11 rrnr 'wWch -will rendertho decuionofcabi imii. mich . ,h PMar - - Jieceswy - - Anu.,.wny,.i,nouiii there be? Is there to be no end toiu- trusioii? " Are the et1erto fotlrtw the Indiant upon the latt remnant assigned to them, and there to obtain and retain I Ps...nf No contract, uoaer tne uirvatinna. is of th least ra iditv. till . - - ' " it nas oeei ssnctttmetnj ' f 'tw- deflt Ol tne UOIteU States, . n iiv-jcvi . r lki nrnvi.mn waa In lurntect tllO lO ' - ' ' . tree to taae pirawirwTw--- trust it will not be done before, and a difficulty thus created, which, may so easily be avoided. The prorision of the treaty upon thi. subject appear to me now, at they bate . al way. done, "perlectiy witnio tne contmiiuonoi i power of the Government, and binding '10 good faith opoo th. United, States. UUt It n oiieveaaai j i iiiivi. set, which may not occur. 7 Th. tioo are not vet made.' And ereo af ter the CommiaaioneTI, t whom this doty I. intrusted, hare determined the tract to be assigned to each Indian, the matter will bo referred to the Presir tftnt Tor fihalacflonVSNir-will the rights of any individual Indian be com plete 'till then. In the mean time, the title of the United Statet to the nwhole country is indisputable. I therefore deem it anneceuary to advert to the consideration yn ;have . prisenteil, , growing out of ihe existing relations " between the Creek Indians, , and the citi.ins and f'nmcnt of Alabama. ; But your Excellency . iotroducea nother yiewvhich it is p-oper I should ; examine. You say, -" But. Sir, there is another jriew of th'w sujict, which will expose, in a light ttili more glaring thrttreSr1tTcwin)v with iliejurisdie'ivrTt:htrof the State of Alatwa." V. Vou then proreed, A. belore observe I. Ihe risht of exten ding the laws orer ihe country, froth whtch-'th netmlare- eJrMl tnhm t. elletjf i ad mit ted" tiMhe -fullest esleot Thit necessarily imnliet the rizht of : employing the means, that are inJisnen aable t hi -exef twev What are hot -- means? As enumerated in the Consti t U tioo .ofjths. State, a nd the la wt nude in v pursuance thereof they are, i that the . State " shatt bo 'laid off into j -T; counties, and convenient circuit, that ; county at least twice in everryear, that.' the counties shall b derided into small ilirict. in eauVotwIiirh thawahall appointed -two justices of the peace and two Constables, that there shall be in fcbireuit "t Jdse 4d! the Circuit previout to every Circuit Court, com rort, and -a like number of Petit Jurors for the County otirt..: ;AU the.b";. Uteri 1 of oiir laws are required to reside' in the counties' to which they Wong." ; These are th -oidinary means, by which our State Government it put in . . operation and effect given to our laws. " And yet the late instruction to the Mar ;of them." ,5 . ' , ... ' . . the laud, and the authoriry io iegUlate over it, tor tbf ordinary purpntet ot life, embrace poyer entirely stiatinct' in themselves, and which in this case must be exercised by difTerenttribunals'. The United' States constitute a great landholder, pissessing under the Cot ttitutiun the right to " make alt needful : rules and regulations, concerning thetr . territory and other properly." Tney 1 have made a regulation, by which intru ders upon ihrir lands shall be removed, under the orders of the President, by a military force. In doing this, they do no more thin an ordinary indiviilusl, who repels the forcvbie tntiudcf, Who come SucTianTninri(IUat,"tiy the act ofexpuT-' ision; exercises an aoinnrnyrscKnow-' Icdsred to be in him UjX he exercises no act i of 'joriliction f lie performs v. v" r r; . 7 . laws. it cannot be denied, hut that the re.. . mnval of the tetllers from the ceded -tawotrywUlbe attendt;d with much f r- convenienceV and t sincerely w'ub tlie ";" necessity of the mesme"coull be bvill teu. Ana 0 tar as. jnis can ue uune, by a vizorouav prosecution of the busi ness of location, no meant in the power ' iifthir Department wiU4epared to ..ttiL feet it. "And it n-tcutinn wll leave. the.f ettlert in the tame condition; a all... ihe.r person are placed, who occupy lut:ie land, where there are" no "treaty" Vfipulatinn requiring theif-eviat to im .t. Hut, while 1 acknowledge and lament this inconvenience, I cinunt admit that the argument derived from it can out Wi?igh the positi ve req ul aition of e so.., fenin covenaltfro States acquired, and by virtue of which they hold, the district in question and' which formed one of the princip&Mo ducementsropert'tng epon the lodiafl to make the cession. : - If 1 understand the views of your Excellency, in the extract above quoted A i they are theaer that because the State " r tLjUabjma4ja.UhJiRhMo ex tend her jurisdiction over territory ceded Tfy" the Indians, her citizen have a right, aa a necessary conaequence, to take posses sion tf and occupy it. For if they have no such right, then there ia noLuncon stitutional interference io the local and internal affura" of the citizen of Ala r bama. -.--:,'..;;..' ' :-"-: It U not necemry to inquire whether the Legislature of Alabama could, by an exprfsi act "of regulation authorise ia citisen to occupy the public land. No tuch authority ha been given, and of course all the right which these person, enjoy, they derive from the operation ' of general principle.. . . . i I have already statea, thai me own ership of the land and the exercUe , of jurtadiction bro dUtinct subject having no necessary tnd in thi ease no actual connexion. Iaaiea4 of th Jw .: f l r