Many of the weaker party have been compelled to seek refuge beyond the limits of the Indian country and within the State of Arkansas, and are destitute of the means for their daily subsistence. The military forces of the United States stationed on the western frontier have been active in their exertions to suppress these outrages and to execute the treaty of 1835, by which it is stipulated that "the United States agree to protect the Cherokee Nation from domestic strife and foreign enemies, and against intestine wars between the several tribes." These exertions of the Army have proved to a great extent unavailing, for the reasons stated in the accompanying documents, including communications from the officer commanding at Fort Gibson. I submit, for the consideration of Congress, the propriety of making such amendments of the laws regulating intercourse with the Indian tribes as will subject to trial and punishment in the courts of the United States all Indians guilty of murder and such other felonies as may be designated, when committed on other Indians within the jurisdiction of the United States. 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. That portion who emigrated to the west of the Mississippi prior to the year 1819, commonly called the "Old Settlers," and that portion who made the treaty of 1835, known as the "treaty party," it is believed would willingly unite, and could live together in harmony. The number of these, as nearly as can be estimated, is about one-third of the tribe. The whole number of all the bands or parties does not probably exceed 20,000. The country which they occupy embraces 7,000,000 acres of land, with the privilege of an outlet to the western limits of the United States. This country is susceptible of division, and is large enough for all.