The new North-west., 1871-03-17
THE INDIAN INTERCOURSE LAW.

u6 bSO1AN IN1EnNVSbAN91s LA We
Chief Justice Warren last week deliver.
cd an important decision on the Indian
Intercourse Act Of 1854, relating TO th<
rights of whites 70 trado with Indians In
the Indian country, within the limits Oi
Montana.
The action was brought to compel for.
fciturc to the United States of 1876 buffalo
robes, which Crow and Gres Ventres In.
disns had traded to white men-not prop
srly licensed traders-at Camp Cook, Cho.
teau county. ThSeo facts were proven, and
condemnation of forfeiture asked under
tho clause Of the Act, which provides, that
al merchandise offered for sale to the In.
dams or found in possession of IN unli.
ecnsed trader. in the Indian Country, shall
be subject to forfeiture.
The claimants of the property argued
tia. on the passage of the Organic Act Of
Montana, the Indian Country" ceased
within its boundaries, as the creation Of q
political government, and tho recognition
of the right of white citizens to enter lands,
and pursue their business avocstions, nee
essariiy implies the repeal Of the Inter-
course Act in Montana: otherwise the
whites were trcepasscrs, subject TO forfeit
ure of goods, and expulsion.
Judge Warren held the Intercourse Act
was not repealed, and that the "lndIsn
Country" made by the Stevens Treaty Of
1855 etili existed within the meaning Of
those Acts. The following points In his
decision We find in the Hsra!S:
LIST. That the Government, by the or.
ganization of the Territory, had given its
citizens full authority to settie within its
limits, and that the character OF kes.
passers could In no manner attsch to them
for 40 doing.
2nd. That it was tie duty of the court
30 to constyuc the Organic Act" and the
intercourse Acts" as to give full effect to
each, provided it cOnld be done without
violating their spirit and evident intent.
Sd. That the "lntercourse Acts" only
provided for tho regulation Of traffic and
intercourse between the Whises and IndSoSs,
and Gid not pretend 70 regulate or control
such traffic and intercourse between the
Whites themselves.
4th. That the only effect of enforcing
the "lntcrcOurse Acts" would be TO limit
irnfflc between Whises and lndiaas to licen-
Sod traders, without interfering in any
manner with the business or traffic Of
Whites as between themselves. And
5th. Az necessary result from the fore.
of the .'Intercourse Acts" for the protec-
ton OF the Indian tribes, who are under
the erc!usiee jv7isGiesion of the United
Sta,cs, would not conflict with the excr-
cisc Of jurisdiction by the Territory over Its
own citizena; but the Indians and Whites
were simply two classes Of people living in
the same country, but subject to different
jurisdiction and laws.
Tie Judge also decided that il nlcrchan.
disc was found in the settled portions OF
the Territory, the presumption would be
that it was there for traffic with citizens,
hut if found in the unsettled portions. where
Indians reside or were accustomed to roam.
the presumption would be that II was there
for the purpose of unlawful traffic with
them; and that the question of the place
where il was found was . material one in
determining the amount of evidence neces.
sary 10 10 produced by tho Government In
order 10 make out prinso 1seia case.
This decision will have IA excellent effect
In Montana. The "Indisn Country" has
been thronged with unlicensed traders,
who finding whisky commodity always
in demand, have kept the Indians we'll sup.
Piled with that principal incentive to the
raids of murder, theft, and arson along the
borders. II willbc the fault of Superintcnd-
ont Wall and the Marshall II they do not.
with the authority Of this decision 70 sus.
tain them, clear the camps Of illegal ira
dcrs, and hold those licensed 10 strict ae
eovntability. The Chief Justice u a sound
iurist, and his decision coming as an expo.
si,ion of the law, lie affirmed by common
sense rs equitable, just, and essential to
peacc on the border