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Show 248 This power is not expressly granted in so many words by the Constitution, except with respect to regulating commerce with the Indian tribes, but its existence can- not be doubted. In the exercise of the war and treaty powers, the United States overcame the Indians and took possession of their lands, sometimes by force, leav- ing them an uneducated, helpless and dependent people, needing protection against the selfishness of others and their own improvidence. Of necessity, the United States assumed the duty of furnishing that protection, and with it the authority to do all that was required to perform that obligation and to prepare the Indians to take their place as independent, qualified members of the modern body politic. This obligation has led to a relationship of the United States toward the Indians generally described as a "guardianship."580 Under the direction of the Secretary of the Interior, and agree- ably to such regulations as the President may prescribe, the Commissioner of Indian Affairs has "the management of all Indian affairs and of all matters arising out of Indian rela- tions." 581 An important objective in the fulfillment of this responsibility is the protection of Indian property and its de- velopment to full utilization.582 And this extends to land and water rights.583 Moreover, for the purpose of providing lands for Indians, the Secretary is authorized to acquire interests in lands, water rights, or surface rights to lands within or with- incorporated municipality." Annual Report of the Secretary of the Interior, p. 419 (1941). See also Act of April 16, 1934, 48 Stat. 596, as amended, 25 U. S. C. 452-455. 880 "Congress alone has the right to determine the manner in which the guardianship of the United States over the Indians shall be carried on." United States v. McOowan, 302 U. S. 535 (1938). See also United States v. Minnesota, 95 F. 2d 468, 470-471 (O. A. 8, 1938). 581R. S. § 463, from Act of July 9, 1832, § 1, 4 Stat. 564, and Act of July 27, 1868, § 1, 15 Stat. 228, 25 U. S. C. 2; R. S. § 465, from Act of June 30, 1834, § 17, 4 Stat. 735, 738, 25 TJ. S. C. 9; R. S. § 441, from Act of March 3, 1849, 9 Stat. 395, as amended, 5 U. S. O. 485. B82 Annual Report of the Secretary of the Interior, p. 338 (1949). 583 Id. pp. 341, 351. See also Hearings before a Subcommittee of the Sen- ate Committee on Appropriations on H. R. 9621, 75th Cong., 3d sess., pp. 210-211 (1938). |