| OCR Text |
Show REPORT OF THE COMMISQONDR OF INDIAN AFFAIRB. 17 and gave the courts of the Territories jurisdiotion in all such cases; also, that Indians committingsaid orimesagainst the person or property of another Indian or other person within a State of the United States, and within ao Indian reservation-shall be subject to the same laws, tried in the same oourts and in the same manner, md subject to the same penalties as are all other persons committing any of the above crimes within the exclusive jurisdiotion of the United States. Prior to this, seotion 25 of the act of 1834' had provided that-the laws of the United States, as provided for the punishment of crimes oommitted within any place witbin the sole and exolosivejurisdiotion of theunitedstates, shall be in force io the Indian country: Provided, The sameshall not extend to orim,es oom-mitted by one Indian against the person orproperty of another Indian. United States Court established in Indian Territory.-By an act of March 1, 1889 (25 Stats., 783), "to establish a United States court in the Indian Territory, and for other purposes,"Congress provided for the settlement of civil controversies arising between citizens of the United States or of any State or Territory residing in the In-dian Territory, and any citizen of or person or persons residing or found within the said Indian Territory where the amountin controversy is $100 or more. The effect of this was to extend to the.Indianns within the Indian Territory certain civil liberties and responsibilities under the laws of the United States not previously enjoyed or borne by Indians not citizens of the United States. By its terms, however, the internal affairs of the tribes or nations in the Indian Territory were in no wise abridged or interfered with. Compulsory education.-So on through the Indian legislation down to the present time, and through the various treaties with the several tribes in this muutry, can be traced the growth and development of a paternal policy. The exteut to whioh it has developed is shown by a clause in the last Indian appropriation act (26 Stats., l014), which is as follows: And the Commisaiouer of Iudisn Affairs, subject to tlre direction of the Secretary of the Iote~iori,s hereby authoriserl and directed to makke and enforce by proper means suoh roles and regulation8 as will 8aCure the attendance of Indian ohildrcn of suitable age and health st school8 sntabliahed and maintained for their benefit. See 4 Stats., 733, now incorporated in seotion 2145 of the Revised Statutes. Also section 3 of the act of March 27, 1850(10 Stats., 270). now iooorporated in section 2146 of the Revised Stetutes, which provided that this section of the act of 1834 should not be conatrued en extending to the Indian country any of the laws of the United States enacted for the District of Columbia, and that seotion 20 of the said act whioh provides for the punishment of persons introducing spirituous l~quoor r wine into the Indian country and furnishing the same to the Indian%, shall not be oonstraed to exteud to "any Indian committing mid offenses in the Indian oountry, or to auy Indian committing any offense in the Indian country, who has beeo pnn-ished by the local law of the tribe, or in any case where, by treatp stipulations, the exclusive jurisdictiou over suoh offenses may now or hereafter be seonred to said In-dian tribes, respeotively, end angthing in said sot inconsistent with this act be, and the same is hereby, repealed." 10288 1 A--2 |
