t much less antipathy to removal than others, by
reason of their relationship to Indians South, or of exceptional
inconveniences sustained in their present location. If such tribes could
be amicably induced to go to the Indian Territory, their experiences, if
fortunate, might serve in time to remove the prejudices existing among
the Northern Indians generally.
* * * * *
_Third._ The intrusion of whites upon lands reserved to Indians should
be provided against by legislation suited to the necessities of the
case. By the Indian Intercourse Act of 1834 it was made a criminal
offence to enter without authority the limits of any Indian reservation;
and the prohibition was enforced by penalties adequate to the situation
at that time. This provision, however, was aimed at individual
intruders, rather than at organized expeditions completely equipped for
offence or defence, and strong enough to maintain themselves against
considerable bands of the savages, or the ordinary _posse comitatus_ of
a distant Territory. It is in the latter form that the invasion of
Indian country now generally takes place;[I] and for the purpose of
resisting such organized lawlessness, the Act of 1834 is far from
sufficient. The executive may, it is true, in an extreme case, and by
the exercise of one of the highest acts of authority, make proclamation
forbidding such combinations, and enforce the same by movements of
troops, as would be done in the case of a threatened invasion of the
soil of a neighboring friendly state. But this remedy is of such a
violent nature, the odium and inconvenience occasioned thereby are so
great, and the lawful limits of official action in such a resort are so
ill-defined, that the executive is most unlikely to make use of it,
except in rare and extreme cases. The eagerness of the average American
citizen of the Territories for getting upon Indian lands amounts to a
passion. The ruggedest flint hill of the Cherokees or Sioux is sweeter
to him than the greenest pasture which lies open to him under the
homestead laws of the United States. There is scarcely one of the
ninety-two reservations at present established on which white men have
not effected a lodgement: many swarm with squatters, who hold their
place by intimidating the rightful owners; while in more than one case
the Indians have been wholly dispossessed, and are wanderers upon the
face of the earth. So far have these forms of us
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