the 2d of December last it was stated that
serious difficulties of long standing continued to distract the several
parties into which the Cherokee tribe of Indians is unhappily divided;
that all the efforts of the Government to adjust these difficulties had
proved to be unsuccessful, and would probably remain so without the aid
of further legislation by Congress. Subsequent events have confirmed
this opinion.
I communicate herewith, for the information of Congress, a report of the
Secretary of War, transmitting a report of the Commissioner of Indian
Affairs, with accompanying documents, together with memorials which have
been received from the several bands or parties of the Cherokees
themselves. It will be perceived that internal feuds still exist which
call for the prompt intervention of the Government of the United States.
Since the meeting of Congress several unprovoked murders have been
committed by the stronger upon the weaker party of the tribe, which will
probably remain unpunished by the Indian authorities; and there is
reason to apprehend that similar outrages will continue to be
perpetrated unless restrained by the authorities of the United States.
Many of the weaker party have been compelled to seek refuge beyond the
limits of the Indian country and within the State of Arkansas, and are
destitute of the means for their daily subsistence. The military forces
of the United States stationed on the western frontier have been active
in their exertions to suppress these outrages and to execute the treaty
of 1835, by which it is stipulated that "the United States agree to
protect the Cherokee Nation from domestic strife and foreign enemies,
and against intestine wars between the several tribes."
These exertions of the Army have proved to a great extent unavailing,
for the reasons stated in the accompanying documents, including
communications from the officer commanding at Fort Gibson.
I submit, for the consideration of Congress, the propriety of making
such amendments of the laws regulating intercourse with the Indian
tribes as will subject to trial and punishment in the courts of the
United States all Indians guilty of murder and such other felonies as
may be designated, when committed on other Indians within the
jurisdiction of the United States.
Such a modification of the existing laws is suggested because if
offenders against the laws of humanity in the Indian country are left
to be punished by Ind
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