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Show 100 REPORT OB THE COXiUISSIONER OF INDIAN AFFAIRS. benefit and has always treated this band as a distinct unit. They are not dealt with as individuals who gradnally are absorbed into the body of the community, but as a band imlated from, cared for apart from, other inhabitants. (See 9 Stat. C., 118; 10 Stat. L., 291; ibid., 700; 16 Stat. L., 362; 18 Stat. L., 213; 19 Stat. L, 17s; 22 Stat. L., 302; 27 Stat. L., 120.) District Judge Dick, concurring, in presenting his views of the case, stated (68 Fed. Rep., 582) as follows: I am of odnion that. wherever a Dower is conferred and a dutv" im~osedh v statute. A everything nwsary to accomplish the legislative purpose is given by implication. "A thing which is within theintention of themakers of the statute is as much within the s&te as if it wete within the letter.'' (United States v. Freeman, 3 How., 555565.) The auit in equity now before us was instituted by the district attorney, under the direction of the Secretary of the Interior and the Attorney-General, for the D. UrD.O se of swking inrwtigation as to the fairness, jusice. and expedicnry ui a conmet rnde by the Indinn rouncil, diewina of tunnber on thc Indian lande in this Sate aithont the spproval of the ai the Interior. It seems to me that the only quastion for the court now to determine is whether the politiml departments of the Government have clearly and distinctly recognized the North Carolina Indians as a tribal organization under the supervisory care and guardianship of the United Staka, for the court must 1Je governed upon such subject by the action of such departments. I have read with some cme the - of the Cherokee Trust Funds (117 U. S., 288, 6 Sup. Ct., 718), cited and relied upon by counsel of defendants. That case gives an interesting and instruelive historv of the dealinw of the United States with the Cherokeejndians, but only decides that the No& Carolina Cherokees had dissolved their connection with the Cherokee Nation and were not entitled while they remain residents and citimns of North Carolina to a proportionate share of the funds held in trust by the United States for the benefit of the Cherokee Nation. It is true that the North Carolina Cherokees are citizens af thisstate iand have not been recognized as a separate nation or tribe with treaty-making power, but it seems to me that the mere fact that they are citizens of this State does not necessarily deprive them of the legitimateguardianship and a r e of theunited States where there is no Btate or national legislation indicating such a purpose. Their forefathers availed themselves of a provision in the treaty of New Echota and remained in the State of North Carolina, and the civil laws of the State were extended over them from the period of the removal of the Cherokee Nation to their territory weat of the Mississippi River. The North Carolina Cherokees by reason of their birth wd reaidenre became citizens under the general provisions of the State constitution, and not by any special law conferring the rights of citizenship. The policy of State legislation seems to have recognized their quasi-tribal organization and regarded them as a peculiar class of citizens, worthy of md needing the kindly supervision and care of the State and National governments. * * * * * * * The ~oliticadl epartments of the Federal Government have certainlv recoeniml and treated the em Band of Cherokees as a quasi-tribal organization forusocial and business purposes, and have made liberal appropriations of money; appointed Indian agents to reside among them and employed efficient means to enlighten their minds, increase their comforts, and m- ard them a-m inst the iniurious consequences of their own ignorance and indiscretion, and the frauds, aggressions, and wrongs of nnscrupulous white men. * * i X * X * |