OCR Text |
Show a 12 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. each tribe, a separate, distinct district or reservation * of land, of slnaller area, within whose limits it was protected in the enjoyment of a modi-fied or local sovereignty. Their subjugation and absorptio~a~s a mass was not attempted. The tribes continued independent, and individual members were not, in the proper sense, citizeus of the United States. While they were subject to the laws of n State mheu mingling in its populatiou they were regarded, when living on their own reservations, as subject tuider certain limitations to their 'own distit~ctive jurispmcleuee, civil and criminal. While the Indians aud the Americaus were in theory living under the same dominion, they were, in fact, members of different political societies, owning allegiance primarily to diEerent governments. The Americans belonged toone political commuuity and the Indians to many. But aq the whites increased in number auci power, and in time in-closed by their settlements the reservat.ions that had been set apart by =- treaties for the use of the diEerent tribes, and were only prevented from entering and making settlement thereon by au enforcement of those treaties by the Govcr~~mentth,e Indiiaus became entitled'to and relied upon its protection while owning no allegiance thereto. Thus it was that the relatiou of domestic dependent uatious now held 6 ~ I n d i a ntr ibes within the United States to thisGovernmeutar,ose,a nd this relation, whictihas been said to '4resemble that of guardian and ward," embraoes every tribe within our jurisdietion. Although the Indians were not citizens of the United States when retaining their tribal relaLioos, nor were they citizens of ally particular , State uulr,ss made so by the laws oEsuch State, they were, however, even when maintaining trib&l relations, subject to certain .feileral legislation such as the interual.revenue laws, and other legislatiou of which a re-sum6 will be given. EARLY LEGISLATION REGARDINGIN DIANS. , ' Regulating intercourse with Indian tribes.-ln the adoption of the Con-stitution the several Statesgranted to the Congress of the United States the power 'L to regulate commerce * * * with t,he Indian tribes " (section 8, article 1, Constitution), and under this grant Oongress has exclusivecontrol of a11 Indian affaira, and of all intercourse between the 'Indian tribes and citizens of the United States and fnreiguers residing . , in the United States. , , Treaties.-In the exercise of this control the First Congress, by an act "See treaties with the Cherokees of 1785, 1731. sod 1791; 7 Stata., 18, 39, and 43; +. . with the Six Nations of l7J1, [bid., 4 I: with Seven Nations of Canada of 17'J6, Ibid., 95; with the Mohswk~, 1797, Ibid.,61; with the Creeks, 1790 and 1802, Ibid., 35 and ; . . 68; with the Chootaws, 1786 and 1803,16id., 21 nod 80; with the Chiokiasswa, 17.86 and ,! 1805,Jbid.,24 and BY; aeo,also, early treaties with varians other tribes located in the . . , . w18stern portion of the United States. |