| OCR Text |
Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. XXI of the act; bit upon a close examination it will be Perceived that it is doubtful whether the act is spplicablb to the Indiau Territory at all. The Indian Territory, so called, not being an organized Territory of the United States, bas no laws or courts of its own as a Territory, but is attached for judicial purposes to the judicial districts of the border-ing States of Kansas, Arkansas, and Texas, respectively, t.he United States courts of which have crin~i@.jaulr isdiction only over crimes and offenses committed against the laws of the United States, but not over crimes and offenses committed as between the Indians themselves. Leariug out the fire civilized tribes for thv rensons above mentioned, there are several tribes iu the 1Adiau Territory who should properly be brought within the scope of thi8 legislation, and in this particular also I think the lam reqilires amendment. COURT OF INDIAN OFFENSES. Under date of April 10,18%3, the the11 Secretilry of the Interior. gave his official ap1,rova.l to certain rules prepared in this office for theestab-lishment af a court of Indian offcnscs at each of thc Incli;%ia~g encies, except the agency for the five civilized tribes in the Indiau. Territory. It was fbund that the longer conti~~aancoef certain old heathen and barbarous cnstoms, such as the sun-dance, scalp-dance, war-dance, poly-gamy, &c., were operating as a serious hindrance to the efforts of the Ooverun~ent for the civilization of the Indians. It was believed that in all the tribes many Indians would be found who could be relied upon to aid the Covcmment in its efforts to abolish rites and c.ustoq8 so iu-jurious and so contrary to civilization; hence these rules were formu-lated, looking towards the ultimate abolishment of the pernicious prac-tices mentioned. There is no special law authorizing the establishment of such a court, but authority is exercised under the general provisions of law giving this Department supervision of the Indiitns. The policy of the lhv- .ernment for many years past has been to eestroy the tribal relations as . . fast as possible, aud to use ererx endeavor to bnug the Indiansunder the infiueuee of law. To do this the agenh have been accustomed to punish for minor offenses, by imprisonment in the guard-house and by withholding rations; but by the present system the Indians themselves, through their judges, decide who are guilty of offenses under the rules, and pass judgment in accard;~ucew ith the provisions thereof. Neither the section in the lest Indian appropriation bill above quoted nor any other ellactment of Congress reaches ally of the crimes or offenses pro-vided for in the Department roles, and without such a court many Iu-diau reservations would be without law or order, and the laws of oiril-ized life would be utterly disregarded. At each agency, where it has been found practicable' to establish it, the reports-of the Indian agent's show that the court has been entirely successful, and in many cases eminently useful in abolishing the old |
