OCR Text |
Show LVI REPORT OF THE COMXISSIONER OF INDIAN AFFAIRS. Another phase of the question was preaeuted by a letter of March 26,1890, from the Secretary of State, tranemittiug to the Department a copy of a note dated Pebruary 14,1890, aud of a pro memoria from the British Minister asking on behalf of the British Government to be advised whether this Government had the diu;)osition so to amend the law ill regard to the .sale of intoxioants to Indians as to make it ap-plicable also to Canadii~uI ncliaus temporarily within the United states. Be requested that you would acquaint him with your views a8 to the sufficiency of the present lam, and thepracticability of a compliauce with the wishes of Great Britain by an amendmrut of the law, should such actia seem necessary. These letters were referred to this office for report, and April 6, 1890, I had the honor to state that- This office would favor an anleu dment to the law in oneation so as to make it ap-plicable to all cases of fum~shiugl iquorto Iudisna within thounited States, without nspect to the relations said Indians bear to this Gorerurnent, and to whether thay or their tribes are under the charge of a United States Iudiiun Apemt or not. Suoh an amendment, beaides being a oompl~enoe with the aiahes of the British Governurent on the aub.jeot, which appears to be aetuated by a humane desire to pro-mote the welfare of the Iudians in Cenadn, would enable this Government to extend its protectiou ugilinst the evil effeots of mhisky drinking, aud the paruioious iuflu-encos of white men who furnish them with whisky, to m&ny of its own Indians who are not affected by existing laws, and is in my opinion much to be desired. Burther, in my report of August 4, replying to the letter of July 17, 1890, from the chairman of the Committee on Foreign Affairs of the House of Representatives, expressing the doubt entertained by that committee as to the coustitutional power of Congress to 'Lprohibit the sale ef liquor (to Iniliaus) withiu the States," I referred to decisions by the Suprelue Court of the United States relative to the power granted to Co~~greosvs er the sul~jccot f commerce with Indian tribes by section 8 of the Constitution of the United States, which seem to fullr coufirm its power to prohibit the sale of liquors to Indians, whether within the territorial limits of a State or not, and trausmitted a draught of a bill by which it is proposed to amend sections 2139 and ,0140 of the Revised Statotes, so that they will read as follows: Srrc. 2139. NO apirtuoos or mnlt liquors orwine shall be introduoed, under any pre-tense, into the Indian country. Every person who sells, exohanges, gives, barters, or disposea of any spiritnous or malt liquors or wine to any Iudisn, or introduce8 or attempts to introduce any spirituous or malt liquors or wine into the Indian eonntry shall bbe punishable by imprisonment for not more than two years, snd by a fine of not more tbsn throe hundred dulisrs. But it shall be a sufficient defense to any charge of intraduoing or attempting to introduce liquor into the Indian country that the acts charred were done bv order of or under zuthoritv from the War Department 0 or any officer duly suthorieed thereunto by the War Department. BEG. 2140. If any Indian agent, subagent, officer of Indian polla, or commanding officer of a militark ~ o shta sieason to ksnect or is informed that any aorsun is about " A . - to introduce or has introduced ;any spirituous or malt liquors or wine, or any intoxi. catins beversce whatsoever into tho Indian coontry in violation of law, anah agent subagent, affl& of Indian police, orcommandingo5oorof a military post may &use |