OCR Text |
Show REPOBT OF THE COMMISSIONEE OF INDIAN AFFAIRS. 75 the accompanying papers were transmitted to the Department with the recommendation that the Secretary of War be requested to order the detail of a sufficient force of United States troops to effect the removal of the 200 intruders referred to, and any others who might be com-plaiped against by the governor of the Choctaw Nation and the U. 8. Indian agent. This request was made of the Secretary of War by Departmeut c~mmunicationof the same date, and in purlluance thereof troops were seut to the Choctaw Nation and removals of intruders were made. No specific directions were given by this office or by the Department for the agent to remove these intruders from the Choctaw Nation, nor in view of the provisiotis of treaties and statutes mas any such author-ity necessary, as will appear from the following quotations: Article 7 of the treaty of June 32,1835 (ante), between the United States and the Choctaw and Chickasaw nations of Indians provides as follows : So far as may be compatible with tho Constitution of the United States and the laws made iu pursuance thereof regolatin+ trade and intercourse with the Indian tribes, the ~ l ~ a t s wansd ~hiokasawas hill he secure in the unrestrioted right of self-government, and full jurisdiction overpersons andproperty, within theirrespec. tive limits; excepting, however, ell persons with their property who are not by birth, adoption, or otherwise citizens or members of either the Clloctaw or Chioks, saw tribe, and 811 persons not being citizens or members of eitlhertribe found within their limits sh&ll be considered intruders sod be rett~oved from and kept out of the same by the United States agent,.assisted if necessary by the military, with thefol-lowing exceptions, via: Such individuals aaa are now or luny be in the employment of the Government and their families, those peaoefillly traveling or tempcwarily sojourning in the country or trading therein nnder license from the proper anthor-ity of the United Stntea, and such as may be permitted by the Choots\vs or Chioke-saws with the nsseut of the United States agent to reside within their limits without becoming citizens or membera of either of said trihee. By article 43 or' the treaty of 1866 (15 Stat.? 779) between the United Stat.es and t.he said Choctaw atrd Ohickasaw nations of Indians it is provided as follows : The United States promise and amee that nb white person except oBcers, agents, and employCs of the Government, and of any internal improvement company, or persons traveling through, or temporarily sojourning in, the saidnations,oreither of them, shall be permitted to go into said Territory, unless formally incorporated and naturalized by the joint action of the authorities of both nations into one of said nations of Chootaws and Chickasaws, according to their laws, ca~ntoms, or usages ; but this article is not to be constroed to affect parties heretofore adopted or to prevent the employment temporarily of white persons who are teachers, rueohan-ics, or skilled in agriculture, orto prevent the legislative euthoritiesof the respeotive nations from authorizing suoh works of internal improvement as they may deem essential to the welfare and prosperity of the community, or be taken to interfare with or invalidate anr action which has heretofore been had in this connection 4y either of said nations. Section 2147 of the Revised Statutes of the United States provides that the- Superintendents of Indian Affairs m d the Indian agents and subagents shall have |