Nineteenth Congress, Second Session

Monday, FEBRrAar s.
IN SENATE.
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sent 10 the other House for concurrence.
| The following Message was received from j.
President Of the United States, by the hands Of hi
private Secretary:


10 tie Senate and House Of Retresentatves oft6e U S
WASHINGTON, 5fh Fetruaru, 1897
! submit to the consideration OF Congress. a b,
ter from the Agent Of the United States with i.
Creek Indians, who invoke the protection Of n.
Government, OF the United States, in defence Of m
rights and territory secured 10 that nation by n.
treaty concluded al Washington, and ratified, :.
the part Of the United S,ates on the twenty second
OF April last.


The complain, Sc, forth in this letter, that sr,.
seyors from Georgia have been employs ed in survey.
ing lands within the Indian territory, as secured t
that treaty. is authenticated by information inoffcn.


y received from other quarters, and there is reaMn
10 believe that one or more oil the Surveyor, bs,,
been arrested in their progress by the Indians
Their fotbearance, and reliance upon the good alb
oi the United States, will, il is hoped avert scene
of violence and blood, which there s otherwise IL,
much cause TO apprrhend will result from hes,
proceedings.


BY the filth section Of the act OF Congress, Of H.
3oth OF March, 1902, to regulate trade and inter.
course with the Indian tribes, and to preserve peace
the frontiers. is provided, that if any citizen d.
or cher person iesden, in. the United States sbsl
4 lHhkS ihHds oc'oubiiR, OF Secl,
red or granted by treaty with the Uriled State. 10
any Indian tribe or shall survey, or attempt to sur
sey, such lands or designate any Of the boundas,
! by marking trees or otherwise, such offender shall
forfeit sum not exceeding one thousand dollars
and suffer Imprisonment not exceeding twelve
months. BY the 10Th and l1th sections OF the sam.
statute. two distinct processes are prescribed by
either or both OF which, the above enactment may
be carried into execution. BY the first, is d,ca
red TO be lawful for The military force OF the United
States 10 apprehend every person found III the Indal
country over and beyond The boundary line be,wter


the United States and the ltdlan tribes, in violation
oi any OF the provisions or regulations OF the act
and immediately to convey them in the nearest con
venien and safe route, 10 the civil authority oi til
Z nted States, in some one oi the three ncx sd
joining States, or Districts 10 be proceeded agalni
in due course Of law.


by the second, it is directed, that, il any perso
charged with violation oi any OF the provisions Q
regulations oil The act shall be found within any
the United States, either Of their territorial d!
tfIcts, such offender may be there applehended an
brought to tra in the same manner as il such cflm
or offence had been tommitled within such State
District and that il shall be the duty oi the militia
ry force Of The United States, when called upon b
the civil magistrates or any proper officer, ohe
person duly authorized for that purpose, and hay
ing lawful warrant, to aid and assist such mags
irste, officer or other person authorized, in arrest
ing such offender, and committing him 10 sale Gu:
tody Tor trial according TO law.


The first Of these processes is adapted to the 81
rest OF the ,respasser upon Indian Territories, 0
the spot, and in the act OF committing the ofenl
But az II applies the action OF the Government
the United States TO places wkeie the civil lroee.
OF the law has 10 suthoiized course, il is commi,ie
entirely the functions oi the military io ce 10 al
rest the person oil the offender, and alter binen
him within the reach Of The jurisdiction OF tn
Courts, there TO deliver him into custody iof ts
The second makes the violater OF The law amensbl
only alter his offence has been consummaled, an
when he has returned within The civil ,urisdie;io
OF the Union. This process, in the first instance
is merely OF civil chatactei but may in like mai
ner, be enforced by calling in, II necessary, the 81
Of the military force.


Entertaining no doubt that in the present csst
the resort TO either Of those modes OF process, ort
both, was within the discretion OF The executive ~
thoriy, and penttiated with the duty Of maintain
ing The rights Of the Indians as secure both by Ii
treaty and the law, concluded, alter u dt tliberi
ton, 10 have recourse on this occasion, in the hr
instance only TO the civil process. Instruction
have accordingly bten given Ly The Secretary
War, 10 the Attorney and Ntrsha oil the Unite
States in the District oil Georgia, 10 comntnc
piosecu u.ions against the Surveyors complained o. q
having violated the law, while orders have At III
same time been fowa ded to the Agent Of the U
nted States, at once 10 assure The Indians iha
their rights, founded upon the treaty and The law
are recognized by ihis Government, ard viii b
faithfully protected, and earnestly TO exbort then
by the folbeaance Of every act Of hostility On the
part, 10 preserve unimpared tina, righ, 10 protelo
secured 10 them by the sacred pledge Of the eoo
faith OF this nation. Copies Of these in.i.utt tior
and orders are herewith transmitted TO Cotgfess.


IN aosta'nlne. a. this stage oil the proc eedrg
from the application 0! any military force have be
governed by considerations, which will, trus
meet the concurrence OF the Legislature. Amen
hem. one OF ps,amoun, importance has been, tb
these surveys have been attempted, and lartly t