"Resolved, That all persons who shall be assembled, or embodied in arms, on any lands belonging to Indians, out of the ordinary jurisdiction of any State, or of the territory south of the river Ohio, for the purpose of warring against the Indians, or of committing depredations against any Indian town, or persons, or property, shall thereby become liable and subject to be taken and confined by the military force of the United States, in such manner as to be made amenable to, and triable by law."
Ordered, That the said motion be committed to Mr. Sedgwick, Mr. Madison, and Mr. Hillhouse.
Friday, February 27.
Indian Lands in Georgia.
The House then went into a Committee of the Whole, Mr. Sherburne in the chair, on the report of the select committee to whom had been referred the motion of the 25th instant, respecting such persons as shall be assembled, or embodied in arms, on any lands belonging to Indians, out of the ordinary jurisdiction of any State, or of the territory of the United States south of the river Ohio. The resolutions are as follow:
"Resolved, That all persons who, unauthorized by law, may be found in arms on any lands westward of the lines established by treaties with the Indian tribes, shall, on conviction thereof, forfeit a sum not exceeding —— dollars, and be imprisoned not exceeding —— months.
"Resolved, That it shall be lawful for the military force of the United States to apprehend every person or persons found in arms, as aforesaid, and him or them to convey to the civil authority of the United States, within some of the States, who shall, by such authority, be secured, to be tried in manner hereafter expressed.
"Resolved, That every person apprehended, as aforesaid, shall be tried in manner and form as is expressed in and by the act, entitled, 'An act to regulate trade and intercourse with the Indian tribes.'"
Several amendments were proposed and agreed to. At last Mr. Venable proposed one, which was, in substance, that persons should not be liable to the operation of the law who were in pursuit of Indians that had committed actual hostilities on the frontier.
Mr. Sedgwick paid many compliments to Mr. Venable, as a sound lawyer, who certainly knew that, by the inherent rights of nature, every man was to pursue and punish those who had robbed him. This was implied in the bill, and was a part of the law of nature, so that there could be no use for its insertion.