III. I turn now to the Indian treaty system of the United States, one of the most fearfully and wonderfully concocted systems that human stupidity ever devised. It was in operation until 1871. More than three hundred and sixty-six treaties with native tribes are recorded in the statute books since the adoption of the Constitution. If it is remembered that in many of these covenants several tribes were united, the actual number of treaties is multiplied to nearly one thousand. It would puzzle a philosopher to get at the true inwardness of this system. The fact is, that in colonial days, and almost ever since, the Indians have been treated with as if they were independent and sovereign States. As such, they were distinct from United States subjects, and could only be reached under the forms of international law. In the language of Justice McLean of the Supreme Bench, “The President and Senate, except under the treaty-making power, cannot enter into compacts with the Indians or with foreign nations.” That is plain; and if the Indians had always been treated according to that decision, there would have been less trouble. But Congress has claimed jurisdiction over them, and while the President and Senate were making treaties, has held each member of the tribes individually amenable to such laws as it might choose to enact. The Court decides that they are to be treated with as independent tribes, and Congress proceeds to manage them as a portion of our dependent population. Two illustrations. The Wyandotte Treaty of 1855 declared the Indians of that band to be citizens of the United States. The treaty with the Pottawatomies in 1862 placed it in the power of the President to confer citizenship upon the members of that tribe. Now, if the Indians were foreigners, they could become citizens only by naturalization, according to rules prescribed by Congress. The treaties with them imply that they are foreigners; but the courts have decided that naturalization laws do not apply to them; therefore it is evident that it is competent for Congress, and no other power, to confer upon them political rights. Yet, in the instances cited, the treaty-making power assumed these rights. The Executive and Senate abandoned, at length, the process of making citizens by simple declaration. In 1866, they compelled the Delawares who wished to become citizens, to appear in the United States District Court, and take out naturalization papers the same as aliens. They first made them foreigners in order to make them citizens. But that was of doubtful legal validity. Then, to crown this wonderful achievement, it was decided that the children of those thus naturalized were still foreigners, and must choose for themselves whether they would enter the tribal relation, or seek citizenship by naturalization. A white man who could unravel this snarl would be a genius; to an Indian, it must have been transparent as the waters of the Missouri. I give this