Indians of North America; Indians of North America -- Government relations; Indians of North America -- Legal status, laws, etc.
4. The Senate of the United States has confirmed nearly four hundred
treaties, negotiated by the executive, under the general treaty-making
powers conferred by the Constitution, with tribes which embrace about
three-fifths of the present Indian population of the United States. The
House of Representatives has, from the foundation of the government, as
occasion required, originated bills for the appropriation of moneys to
carry out the provisions of such treaties.
This comprises all that is essential in this connection. The _indicia_
gathered from particular acts of the government, or from the phraseology
of individual treaties, really add nothing to the above.
We believe the following propositions to be consistent with the facts of
history and with the latest judicial decisions.
1. The exclusion by the Constitution of "Indians not taxed" from the
basis of representation was in no sense a guaranty to the Indian tribes
of their political autonomy, but was a provision in the interest of an
equitable apportionment of political power among the States, some States
having many Indians within their limits, others few or none.
2. The self-government enjoyed by the Indian tribes under the
Constitution of the United States, as under the European powers, has
always been a government by sufferance, by toleration, by permission.
The United States, for their own convenience, have allowed this
self-government, because to reduce the savages to the condition of
submitting to civilized laws would have involved a great expense of
blood and treasure; while through the tribal organization a much better
government, for the purposes of the civilized power if not for the
welfare of the Indians themselves, could be obtained, than through an
administration which should disregard that organization. But this
toleration of savage self-government worked no prejudice to the
sovereignty of the United States.
3. The decay of a tribe in numbers and in cohesion, no matter to what
extent carried, does not bring the members of such tribe within the
municipal jurisdiction of the State wherein they are found, so long as
the tribal organization continues to be recognized by the National
Government. See the Kansas Indians, 5 Wallace, 737.
4. Congress is constitutionally competent to extend the laws of the
United States at once over every Indian tribe within the Territories, if
not within the States of the Union, even though treaties may guarantee
to individual tribes complete and perpetual political independence; the
breach of faith involved in the latter case being matter for possible
conscientious scruples on the part of legislators, not for judicial
cognizance. See 11 Wallace, 616; 2 Curtis, 454; 1 Woolworth, 155.
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