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Show 14 REPORT ok TEE COMMISSIONFR. been deliberately and brutally murdered in cold blood by an armed mob of Cherokees, about one hundred in number. It having been reported that these lawless ersons, reinforced by others, meditated still fhrther acts of violence an $ bloodshed, which it was feared the authorities of the nation, unaided, could not prevent, there appeared to be imminent dan-ger of a state of domestic strife," requiring the interposition of the strong arm of the government, in conformity with the provisions of the 6th article of the treaty of 1935-'36 with the tribe. As a measure of precaution it was therefore deemed proper to request that the military force on that frontier be placed subject to the requisition of the super-intendent ofIndian affairs there, to he employed if requisite in protect-ing the lives and property of Cherokees that might be in danger, and preventing the further effusion of blood. There being, however, no disposition of interference, unnecessarily, in the domestic affairs of the Cherokees, it is hoped there will be no occasion for such a proceeding; and that the authorities of the tribe will be able to prevent further out-rage, and to b~ingth ose concerned in that committed to a just punish-ment. I deem it incumbent upon me to call particular attention to that por-tion of the interesting report of superintendent Drew referring to the question of the amenability of Indians to the penalties of the law pro-hibiting the introduction or sale of ardent spirits in tbe Indian country; a question which has recently caused great excitement among the Creeks, and may lead to serious difficulty. This, and the other semi-civilized tribes on that frontier within his superintendency, have adopted stringent laws upon the subject, which are regularly and rigidly en-forced against their own people guilty of the offence; while, according to judicial interpretation in that quarter, they are also amenablk under our law. Thus, an Indian, though he may have been severely pun- 1 ished by his tribe for introducing or disposing of liquor, is liable to arrest and punishment a second time for the same offence; a result certainly contrary to the spirit of our institutions, and as repugnant to the Indian as it would be to ourselves. It is one to which the Creeks appear determined not to submit. Individuals of their nation, seized by the United States marshal last summer, were rescued by them ; ancl a second effort of that officer to arrest these persons has led to great excitement. A considerable number have banded together and armed themselves to resist the attempt at all hazards; and in case of failure, they threaten the lives of those of their chiefs who have been instru-mental and active in the adoption and enforcement of their own lam. The Superintendent, deeming it prudent to interpose for the stay of fur-ther proceedings until the views of the department could be obtained, the subject was recently submitted for your consicleration. The enforcement against Indians, by criminal prosecution, of the law to prohibit the introduction or sale of liquor in the Indian country, is believed to be contrary, not only to the intention of the framers of that law, but also to the principle, uniformly acted on in respect to all of the tribes, of as little direct interference as possible in their internal and domestic affairs. Hence offences, and other matters of even greater concern, are left to be settled entirely by themselves. By the second and third articles of the treaty with the Creek Indians |
