The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-21
Title 30 Indian Trust Lands.
From The ". Y. World.

From the NJ Y. World.
During the last session of Congress, Mr..
Lawrence of Ohio gave notice in the House
that he designed Offering a resolution at an
early day calling on the Judiciary Committee
to inquire and report whether public lands
sold under treaties with Indian tribes are held
by valid title. Since then nothing has been
done in the matter, so far as we know, except
ing the passage of bill by that body later in
the session prohibiting the further issue of
patents for such lands. The subject is of far
too much importance for it to be left in its
present state, and we hope that Mr.. Lawrence
will take it up this session and prosecute it
to settlement. The people in general are
interested in a proper disposition of the
public territory, and those individuals who
have acquired such lands have more
than a common interest in the question
sooner we know it the better; and if valid,
then the prejudice against these lands can be
removed, the restrictions imposed by the bill
named be set aside and their sale be con-
tinued. The question, of course, brings up
discussion of the still more important one as
to whether the President and the Senate pos
sess the power to dispose of any portion of
the public domain whatever, or whether sale
shall alone be directed by act of Congress.
The point is one to be decided. On the one
hand, it is held that no such power is vested
in the treaty making branch of the Govern
ment; while it may be entirely competent for
it to receive and hold territory acquired by
treaty stipulations, it is thought incompetent
for it to dispose OF that territory. The Presi-
dent and the Senate have power to make trea-
ties but it is believed to be reserved to Congress
to dispose of the public territory. Any COLI
struction Of the Constitution which permits
the existence of two independent land con-
trolling powers derogates from the consistency
and general wisdom OF that instrument. If
we are to have two land systems, what pro-
lection can be had against that land monopoly
whiGh it has been sought to prevent, except
by the two disposing powers agreeing to adopt
the same pOlicyH And there is no permanent
protection in this, for if continued adherence
to that agreement at any time became distaste
ful to the Indian Office, the ire would be nothing
TO prevent its dspOsing of tribe-lands held in
| trust under regulations of its own and in
| absolute cOntravention of the general policy
| established by Congress. Such condition
| of things would be in manifest conflict with
! the public welfare and sound government
| We will state for the benefit of those of
! our readers who may not already know, that
these trust-lauds comprise the territory sur
rendered when the tribes move further
west at the Government solicitation; ii being
! customary in our day, III pursuance of q
doubtful policy adopted by the Indian Office,
| TO grant new reservations for their Occupa-
tioD, and receive the old ones in trust for
| SAFE, Lue pIOCSeuS 10 10 dppllSQlO lOr tn6 me
| fit of the tribes in interest. The right of the
department to dispose of these lands of its
own Independent will is based upon the autho-
rity which, it is claimed, goes along with the
treaty. II the Indians possessed the legal
right to convey the lands in question to the
Government, then it would be competent for
them to dispose of the territory as they might
see fit, and to appoint whomsOever they might
desire as their agents for the sale; but they
have no such right. 1t has frequently been
held by the Judiciary that the occupancy is in
the tribes, but that the title is in the United
States, and that the former have no right
of conveyance. And as to the power of sale
which goes along with a treaty, the
Supreme Court has decided, on several oeca-
sions, that a treaty with these people cannot
extend to disposal of the territory occupied by
them; that they never did and never can have
an absolute title in the soil, but simply right
of occupancy. 1t has been decided over and
over again, it is true, that Government grant
of Indian lands is an unencumbered fee, be-
cause of this very occupying right, and the
enoumbranoe cannot be removed until that
right becomes extinguished. But it is not
exiipguished by tribal conveyance to the Gov