Indians of North America; Indians of North America -- Government relations; Indians of North America -- Legal status, laws, etc.
We have thought it important thus to review the doctrine of the Report
of the Senate Judiciary Committee, because, from the high standing of
the Committee, from the assumption which the Report[P] makes of
completeness in the citation of "treaties, laws, and judicial
decisions" pertinent to the subject, on the express ground of a desire
to enlighten, not only Congress, but the country, in respect to our
Indian relations, and from the wide circulation given to the Report, as
compared with that obtained by an ordinary decision of the Circuit or
Supreme Court of the United States, the Report has apparently come to be
accepted by Congress and the country as an authoritative exposition of
the history and law of the subject although, in the very month in which
it was submitted to Congress, the Supreme Court, in the Cherokee
Tobacco, pronounced a doctrine which cuts up that of the Report, root
and branch.
Such being the constitutional competence of Congress to deal with the
Indians, without restraint either from the self-government hitherto
permitted them, or from treaties to which the United States are a party,
it is for Congress to decide, firstly, what the good faith of the nation
requires, and, secondly, what course will best accomplish the social and
industrial elevation of the native tribes, with due consideration had
for the interests of the present body of citizens.
How, then, stands the matter with the faith of the nation? By the Report
on Indian Affairs for 1872, there appear (p. 16) to be in the
neighborhood of 120,000 Indians with whom the United States have no
treaty relations. These certainly can have no claims to exemption from
direct control, whenever the United States shall see fit to extend its
laws over them, either to incorporate them in the body of its
citizenship, or to seclude them for their own good. There are, again, as
nearly as we can determine by a comparison of treaties with the Reports
of the Indian Office, about 125,000 Indians with whom the United States
have treaties unexpired, but to whom no distinct guaranty or promise of
autonomy has been made. Examination of these treaties reveals nothing
which should prevent the United States from establishing a magistracy
and a code of laws for the government of these tribes, according to
principles suited to their present condition, yet tending to raise them
to a higher social and industrial condition. On the other hand, the
perpetual interdiction of all white persons upon the reservations of
these tribes, except "such officers, agents, and employees of the
government as may be authorized to enter upon Indian reservations in
discharge of duties enjoined by law," would seem to preclude the
possibility of these regions ever being opened to settlement, and the
Indians thereon resolved into the body of citizens on equal terms. But,
as matter of fact, not even such treaty provisions need, with
intelligent and firm but kindly management, greatly or long embarrass
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