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 Indian laws they will generally, if not always, be
permitted to escape with impunity. This has been the case in repeated
instances among the Cherokees. For years unprovoked murders have been
committed, and yet no effort has been made to bring the offenders to
punishment. Should this state of things continue, it is not difficult to
foresee that the weaker party will be finally destroyed. As the guardian
of the Indian tribes, the Government of the United States is bound by
every consideration of duty and humanity to interpose to prevent such
a disaster.
From the examination which I have made into the actual state of things
in the Cherokee Nation I am satisfied that there is no probability that
the different bands or parties into which it is divided can ever again
live together in peace and harmony, and that the well-being of the whole
requires that they should be separated and live under separate
governments as distinct tribes.
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