The weekly Arizona miner., 1871-12-30

ernment to invite European immigration Tor territorial settlement with the most liberal
 inducements This apprehension has passed away Notwithstanding, with great and growing population, and Continent II not Hemisphere in contemplation as it's ultimate domain, the grasp which the Federal Gov crpnent has always exten.ted to European
 immigration was never warmer than 1t IS to- day and it's policy for the settlement of its public domain was never more liberal than now.
 The extension of leccnscs and other prohi- bitions to any part of that domain hnds no encouragement in this policy of the Federal Government either past or present. Licenses are necessary for the collection of revenue m certain police regulations and in some other cases. In all doubtful cases, however, like their offspring monopoly they have been regarded as wanton abridgments of human freedom, not to be encouraged by imprUyident legislation, or by nasty judicial construction.
 In the cautious spirit which this suggests, the question of license in the present case IS to be pursued When Arizona was organized as q Territory in 1863, it was confcsscdly the law of the land, applicable to every State east of the Mississippi, Indian intercourse act already cited, of 1909 (Sec. l9), that "Notbing in (tha;) Act shall be construed to prevent any trade or intercourse with Indi- ans living on lands surrounded by settlements of the citizens of the Unitfd States, and be- ing within the ordinary jurisdiction of any , of the individual States" This was then as much a law of the United States as if it had been applicable and applied to every inch of the national domain. It was limited to the States east of the Mississippi by the Act of 1S3i, already cited, because the Indians there were surrounded by settlements of citizens of tue, United States, and because it was not then thought by Congress either right or ex- pedient to letter these citizens in their trade with the Indians or any one else: The eiti- zen might then, as he may now there, buy the game, peltry, furs, fabrics of art, or the labor of an Indian, or with few exceptions, any ything else which he had to sell and pay him in money, food, clothing or any other property, with few exceptions, which the In- dian chose to take, without the written or oral permission of an Indian Superintendent, ! Agent or any une else.
 This law was not applied to territory west of the Mississippi, ercsp 10 Missouri, LOuisi- qua, dykaRsas and other territory to which the
 Iadidn titie lad been eItiagHished because the Indians there wcrs not surrounded by eti- zeDs of the United States. The whites in contact with the Indians in the Indian coun- try, were fur traders, hunters, trappcrs and others filter, perhaps, for savage than civil ized association. It would seem to be very proper, that if these were allowed to trade with the Indians, that they should be sub jected to the restraints of license.
 All laws, whether fundamental or deriva- tive, with lev or no exceptions, express along | with the determination the desire or aversion of the lawmaking power To the former | class belong all laws for the encouragement of certain classes of labor or production. the promotion of special interests, real or per sonaI or social improvement. To the latter class may be assigned all criminal laws, and those of civil prevention or prohibition. The results of any law ought to be and generally are foreseen and contemplated by the Legis-
 lature which passes t.
 In Art. ", Sec. IT., CT. 2, of the Consti. tuition of the United States, occurs this pro- vision: The Congress shall have power to make all needful rules and regulations, re- specting the territory or other property be- longing to the United States" Immediately | preceding this, though subsequent in effect, | IS this provision, (Cl. ID: "New States may be admitted by Congress into the Union" etc These two provisions express the consumma- ton SO much desired by the framers of the Constitution, as well as by the members of Congress since the increase of our popula- ton and the formation and admission of new States, for the accomplishment of which European immigration, naturalization and territorial settlement by citizens of the United States, native or adopted, were the only means.
 The leading purpose of the Federal Gov. ernment under these provisions of the Con stitution, has been to settle the public domain with resident citizens of the United States. nurse the settlements thus formed into a proper degree of maturity as Territories, and finally admit them into the Union as States. co-eauhl with the older members of our great national family. The most effectual of all was to encourage these settlements. would be exactly what is done by the Act of 1902. al ready cited, but worthy of repetition here. (Sec l9 to hsaye these citizen settlers free and unlicensed "trade or intercourse with I'm. dians living on lands surrounded by settle ments of citizens of the United States. n Inls was foreseen by the framers of the Con- stitution, anticipated and provided for by Congress in all our regulations of Indian in- tercourse as already shown, and secured to a'i the Territories without exception, organ Ized since tho Act of 1884, beginninr with Wisconsin, established April %, 1884. 18th sts. at L., l0); and ending with Wyoming. established July 25, 1868, (l5th Sts. at I''' i'o). In the organization of Wisconsin. DC, CUTS this provision: "Sec. l2 And further the laws of the United States, are hereby ex- tended over and shall be in force in said Territory, so far as the same or any provision thereof may be applicable" In the organic Act of Wyoming, we find this provision See. 10. And be it further enacted. That the Constitution aud laws of the United