, 1868-05-08

onlstc Of all just government, aud that the over.
throw OF this one principal to be the Destruction
at one step, Of all free government, making the
government . tyrant and the CITIZEN a sInys
See Story's Constitution, section 1870. Second
Kent, from page Ala 10 420 inclusive, with notes
Then the Government could not take this private
property without providing first for eoupepsa,
ton There is no claim that any compensation
was provided'fo for iu this case. Therefore, so
much Of the treaty a. attempted to ditest This
property from the Board Of Missions. and giving
It 70 the Indians, Is void. Then this and was
not reserved BY the the treaty, and forms 20
part Of the Reservation, is within the lines of
'oe Territory, and therefore 10 the jurisdiction
OF the court aud under territorial laws
But whether it was ever a reservation or not
II is still within the jurisdiction of this Court
Tor this isA District Court, with common law and
equity Jurisdiction, aud jurisdiction of the Uni
ted states District Court and Circuit Courts, II
70 District Court, but it has all these powers
and jurisdictions. The District Court, therefore.
has Jurisdiction on the Reservation the same as
United States Circuit Court or District Court
would have had, had not the powers been vested
10 thls District Court There is a grave doubt
as to whether the spirit Of the organic act would
exclude the territorial laws from The Reseryation
except so far as Indian rights are concerned for
tue exclusion Of The territory after it has been
once included, appears to have been done to pro,
tect the Indians from Territorial Interference
ana Ior tnis only. The Reservation, by the first
part Of the section is included, then for the ppr.
pose of protecting Indians it is excluded Tbi,
must have been the construction given it by Con-
gress, the hrst Governor, the first legislature of
the Territory, and ny all the courts The 6rst
Governor was authorized to call The first JeOis.
lature to sit in the Territory The Legislature
DID set on a reservation in the Territory also.
This could not have been a legislative body IL il
Sc of ha Ie
the Territory its laws would have been void vet
Congress Acknowledges them valid. Courts sit
on the Reservation, thus recognizing it as in the
Territory Tor purposes of white men, The Su>
preme Court Of the Territory has recognized that
the laws made by legislature sitting on the
reservation were valid, and the decision of courts
sitting on the Reservation were valid. Yet
many of these things could have been done oaly
upon the hypothesis that reservations were a
part of the Territory in all matters iu which
white men alone were concerned. These argu.
ments were made for the plaintiffs, by W G.
Langford, their Attorney. The Court took the
case under advisement until the next term of
court, with permission to counsel to file briefs.
The murder case of Igo, for the murder of
Page was case which raised the same oues,
too. Lewiston, at the time of the homicide.
wAsa reservation. II territorial laws did moi
extend to the place of the homicide at the time
OF the homicide, it was not a violation of the
territorial laws yet the court tried him for a
violation of these laws. It would be vastly for
the public interest " the territorial Ia We shonld
as to white men, extend to the Reservation. for
now white men reside upon il, and have the
right to travel through it. 10 this case no law |
can tax them, or reach them no injunction, or |
execution, or attachment can be levied. 1t there.
fore becomes nuisance. If Congress intended |
to make the Reservation a house of refuge, free
ing every one on it, from all civil obligations, it
intended an absurd thing an intention which
courts, out of respect to Congress, will not pre-,
sumo. NKuo
Walla Wala, W. T., May 2, 1868.