Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1860-04-26


forever the last representative of the Indian
| tribes from the generations of living men,
Destiny has stamped such fate upon the an
nails of bis race, and time is fast fulfilling the
decree. The march Of empire, of science, aad
of civilization, cannot be stayed by the rude
barriers of savage life. Yet, sir, would not
needIessly hasten the day when the last red
man shall behold in himself the inevitable
doom Of his race.
But, sir, how are the Indians rights invaded
how infringed by this bill? 1t is true the
Government mede treaty with them, by
which they were never TO be placed within the
territorial limits Of any State Granted
When Kansas and Nebraska were organized
as Territories there was provision in the bill
that they should never be included within the
limits of the Territory or State Congress
excluded them from the civil jurisdiction Of
the Territory or State. That was done in the
organization of these Territories. When it
was proposed to admit Kansas as a State un-
der the Lccompton constitution, the same
clause was inserted and in this bill there is
to be some provision, providing that the ter
ritory occupied by these Indians shall be ex-
cepted out Of the boundaries, and shall form
no part Of the State Of Kansas, until the tribes
shall signify their assent to be placed within
the limits of the State. 1t is provided eX-
presSly that nothing in the boundaries specifl
cd in this BILL that nothing in the boundaries
as fixed in their constitution, shall be so con-
strued as to include the lands belonging to
these Indians, until they shall have rclinquish-
ed their rights over them.
Gentlemen have referred to Georgia as q
al fn ,f
the original colonies which formed this Govern
ment by delegating to it part of their SOW
ereignty. Yet now, when it is proposed to
erect State out of territory over which this
Government has erclUsire jurisdiction, cannot
you reserve what portion you please from the
jurisdiction of the people to whom you dele
gate those powers Of government And when
you delegate to them jurisdiction, you delegate
only what you have. If there is a treaty in
existence imposing upon you certain obIiga-
tionS, you cannot delegate any power that shall
eontravcnc those obligations
Mr.. QUARLES. l ask the gentleman
from Pennsylvania, if by the treaty of 1885
it is not expressly provided that The Govern
mcnt of the United States shall never include
any portion of that Indian country within the
limits of any Territory or State
Mr.. GROW. Exactly and we provide in
this bill expressly, that that country shall not
be included and take it for granted, when
the same language is used in the bill that is
used in the treaty, the language means tie
same in both instances
Mr.. QUARLES. Do not the boundaries
spscifed in this bill surround portion of this
Indian reservation
= Mr. GROW. Well, sir, l will answer the
gentleman in the Yankee mode, by asking him
a question and being 4 Yankee myself, | am
entitled to use that mode of argument When
you execute deed for piece Of land, includ
ing in your boundaries two acres which you re-
serve, do you transfer any title to the two
acres?
Mr.. QUARLES. ! think it would be bet
ter to specify expressly, if | did not intend to
include them within the boundaries
Mr. GROW. That is what is done in this
bill 1t expressly excepts this Indian country
from forming any part Of the territory Of the
language can make it stronger orplainer And
now, sir, one other point, and | will relieve the
patience of gentlemen. | promised the House
not to occupy more than ten inmates, and !
will endeayor not to exceed that time
Mr.. CLARK of Missouri. Will the gen
tleman allow me to ask him u question
Mr.. GROW. have no objection, if the
House will indulge it.
Mr.. CLARK, of Missouri The question
which l propose to ask the chairman Of the
Committee on Territories is this if the State
of Kansas, when she is admitted, should pass
law to apprchend criminals within this Indi-
an country, or to punish them for OffcnScs com
mittcd within that country, would the gentle
man hold that such laws were not valid?
Mr.. GROW. My answer to the gentleman
is this the State of Kansas would have no
jurisdiction over that Indian couatry so long
as the treaties continue as they are and if
they pass such law, and it comes into the
courts, they would be bound, in my Judgment,
to declare it a nullity, for the reason that it
was in violation of treaty, and in violation
of the act of Congress which was accepted hy
the State of Kansas when she came into the
Union.
Mr.. CLARK, of Missouri. Now | desire
to ask the gentleman one more question.
Several Members objected.
Mr.. GROW. ! would yield with great
pleasure if there was not an evident impatiCncc
upon the part of the House.
The only other point to which | wish to al
lude is the objection to the admission of the
State, that the constitution of Kansas allows
! foreign born residents, who have declared their
| intention to become citizens, to vote. Mr.
Speaker, when these pioneers go forth into the
wilderness from the old States, where they are
permitted to vote, as they are in many Of and
nearly all the northern States if they shall
have declared their intention TO become citi-
zCns, although they have not been naturalized,
they leave their homes and all the associations
of their early life all the surroundings of a
higher condition OF civilization, aud 90 out to
build up new empires. The 90 to endure all
the hardsbips aud privations of frontier life
in cxpelling the savage aud the wild beast