The New York herald., 1870-12-15

case has been fully argued before him by couns0
Tor the railroad companies and 1t IL said that he Id
III considerable doubt to the construction Of tho
law. The railroads are largely represented here by
their officers and agents, and II the Attorney General
decides The against them 1t is understood they
VIII carry the matter to Congress. Attorney General
Akerman leaves the last OF this week for Georgia
" participate In the coming election there.
Nominations by the President.
Inc foIlowing nominations sent In to-day
George Il. Haste, 10 he Collector OF Customs at
vicksburg, Miss; John q. Austin, 10 be Receiver aE
Dardanele, Ark; William NJ. Holes TO be Register
General loi Minnesota A. H. sanders. to be Regis
yer at Helena, Montana; joan l.. Tappan 10 he ln-
dian Agent at Fort Berthold
FoStntdse,'s--W. Carswcli, Herkimer n y; J.
Corliss, Red Bank N. j.; J. Moore, ogden. Utah: L.
Lashway. Chippewa Falls, Wis; William A. Burph,
beIlln, WIS. John Parsons, Black River Fails, Wis.,:
a. T. Hotchkiss West Eau Claire, WIS.,
The status of Indian Tribes Not Affected by
the Fourteenth Amendments.
ihe senate committee on the Judiciary to-day,
through Senator Carpenter, made report on thd
resolution adopted In April last instrncting them
Inquire into and report the effect OF the Fourteenth
amendment to the constitution upon the Indian
tribes OF the country and whether by the provision
'hereoi, the Indians are not citizens OF the United
! States. and whether thereby the various treaties
|
| the various Indian tribes not annulled, !,
The committee say IN their opinion the fourtsept,,.
amendment has effect whatever upon Inc stan,s
| Of Indian tribes within the limits of ihe Ini,a5
states and does not annu the treaties preyi0usIv
| made The committee quote so much or the amend
ment az Is material 10 the question, and argue
at length 10 show the legislation OF Congress
they present Of the relations which EXIST exist
making It plain tnat Congress mas uniformly re-
spected the right OF the indians TO govern them-
the committee say that from pergsal OF these stat
uies, 1t Is manifest that Congress has never regarded
me indian tribes as subject TO the municipal jurls-
| dicuon OF the United States On the contrary.
| they have been treated uniformly as nations and
In That character have been he'd responsible Tor the
| crimes ana outrages committed by Ineir members,
| even outside OF their territorial limits. And mas.
much as the constitution the Indian tribes as
Delon9ing 10 the rank OF nations, aud capable
Of Of making making treaties Il i evident that any acs
OF c1nsress which should assume to treat the
nicpal jurisdiction OF the United States
would be gnc2nstliltlonal ana void. In the opinion
OF the committee the Constitution ana the treaties
act OF Congress and the judicial decisions referred
to all speak the same language upon this subject,
anu all point TO the conclusion that the Indians IN
their tribal condition, have never been subject 10
the jurisdiction OF the United States In the sense in
which the term 'Jnrsdicton' Is employed in
the fourteenth amendment 10 the constitution. The
government has asserted political supremacy over
the Indians and the treaties and laws uphold these
tribes as domestic and independent nations, seca.
rated from the States of the Union wilnn whose
limits they are located and exempt from the opera
| tOns or state laws, ana not 0tn subject
control Of the United States than Is con-
sisrent with their character as separate po-
liiical communities or states. Their right
OF sef-government. and to administer justice among
themselves alter their ruue fashion, To the ex-
tent OF INJECTING the death penalty. has never been
questioned, and. while the United States have pro4
Uded by law for the punishment or crimes
committed by Indians straggling from thelS
| tribes and crimes committed by Indlana
upon the whites lawfully within the reser-
yation the government has carefully abstainct
| from attempting to regulate their domestic affairs
rn m irrnA 1rr
one Indian against anoLner In the Indian country.
| Whenever we have dealt with them it has been In
| Their collective capacity as Tube aud not with
| their individual members, except when such mem-
| bers were separated from the tribe which they
belonged, and then we have asserted such jurisdic-
ton as every nation exercises where the subject OF
| another independent sovereign nation enters
| its territory and violates Its laws. During
The war slavery had been abolished ana the former
| slaves had become citizens Of the United states:
consequently IN detern the basis OF repre-,
sentauon IN the fourteenth amendment he claims
nree-liiths OF all other persons Is wholly omitted,
but the clause excluding Indians not taxed" Is
tanned. rhe Inference Is Irresistible that the amend
| ment Intended To recognize the change in
the status OF the former slave, which had
| been effected during the war, whe IL recognizes no
change In the status Of the Indians The inians
| Were excluded because they were not citizens. F.r
these reasons the committee do not hesitate to say
that the Indian tribes wilbsn the limit Of the United
States and the individual members OF the several
trhes while they adhere TO aud form n part Of the
Tribes 10 whicn they belong, are not, within the
meaning OF the fourteenth amendment subject TO the
jurisdiction OF the United States and, therefore, that
slch Indians have not become citizens OF the United
States by virtue OF that amen iment. The committed
say That If they are correct this conclusion il fol-
lows that the treaties heretofore made between the
| United States and the Indian tribes are not afnned
by that amendment. In conclusion, the committee
say IL IL pertinent to remark that treaty relations
can properly exist only with Indians aq
| tribes nations, and that when the members Of a
tribc are scattered they are merged In the mass OF
our people ana become eq ally subject to The turis-
diction OF the United States IL Is believed that ONE
treaties have been concluded and ratified VITA
mentary and struggling bands OF Indians VINO had
lost all pretensions To the tribal character and thus
! IL is right to admOnlsh the trea making power to
] use greater circumspection hereafter.
| Decisions Of Treasurer Spinner.
| Treasurer Spinner has written stating that officers
| or the national banks designated as depositorica
4 are considered officers Of the Treasury, and are
under Treasury regulations. ana by which all
1 officers OF the Department required, whenever
any spurious note purporting to have been issued
| by the United States shall be offered to any
| such officer to stamp thereon the word
'counterfelt.n II has also been decided that before
the draft the back OF duplicate Post ONCE war
rant VIII be signed by the Treasurer or his assist
ant the payee thereof, or party at interest, shall
| give bond, with two suretcs, for double tho
| amount Of the warrant I'm the form furnished bv
| the Department., indemnifyng the United States
| against the risk OF loss from the payment OF tho
| original warrant.