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Show REPOkiT OF C O ~ I O N E EOF INDIAN AFFAIRS. XVII longer admits of a doubt. It is the promptest remedy that can be ap-plied to arrest the evils referred to. In this opinion1 am sustained by the late Senatorial committee of which Eon. H. L. Dawes was chair-man, which last year visited this Temtory under a Senate resolution; and Judge Parker, eminent for his learning, efficiency, and patriotism, fully concurs as to the necessity for the immediate establishment of this court. The treaties made withthe civilized tribes in 1866 all contaiu pro. visions for the establishment of a United States court in the Te.mitory, with snch jurisdiction and organized in such manner as may be pre-scribed by law ; and I understand that there is a general wish among the leading and more intelligent Indians themselves that Cougress at once pass the necessary law for its establishment. Measures have been repeatedly introduced, in fact 'are now pending in Congress, for the establishment of such a court, and I trust that the suggestions made may be deemed worthy of consideration. In any event, whether Congress decides to establish the United States court in the Territory, or to leave the jurisdiction where it is, provision should be.made for extending sneh jurisdiction to eivil cases where an Indiau, or 'person of Indiau blood, resident in the Territory, and a citizen of the United States are the parties, and also, if possible, for the enforcement of civil'process issuing out of a State court against the property of a United States citizen held or concealed in the Indian Territory. It is dne to the wmmercial industries of the country that they should be protected, and the creditor enabled to get his just dues, without coming as a suppliant to this Department. As has already been stated, in civil cases between Indians and white men in the Territory, the agency is now the only tribunal where they can be adjodicated, and much valuable time, both of the agent and of this office, which'should be devoted to other matters, is consumed in hear-ing and adjusting (so far as possible) such complaints. A11 this can be remedied by conferring civil jurisdiction upon theunited States court@., in which such cases should properly be tried. The power inherent in a judicial tribunal to enforce its decrees would be respected, and the civilized Indian who is capable 01 making and appreciating a contract wmld be taught that, whilst his Indian blood would not shield him against the enforcement of his just obligations, his right to a eorre. sponding performrtnc~ of the contract on the part of the white man would be protected. Inregatd to this Agent Owen says: Owing to the large number of United State8 citizens in the Territory, there are a large number of aivil csses constantly sriaing between themselves alone,or with In- - dian citizens, some involving large snms. There is no judioid tribunal to settle snch osses, and a8 they mnat neceaaarily inorease in number and importsnce, some pm-vision aught to be made. If the Federal court ia clothed with power to try an In-dian's right to live, I see no reason why it cannot try his rights to property when dispute$ by s United Statea citieen. At dl events, this stands as a serious chasm in the law, and it is my duty to report it. , 7572 I A-u |