Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-12-11

priation aothoriEing such expense ahall be
tlrst made ~ Jaw !hls appears 70 be the
INST direct olow AIMED nt the old policy ana
eeems tnas upon Ieneclon cohglees con-
cl9eed INA! tnis acs Weat 700 Iar, ana NJ 700
raaicsl ~ .lI 10 caSses nn.s ~ gugo' az. anu
nno tha' on .ae 1v'.l uay 9, IVY, 1901, .ne
soove P.vss'einou P.s ~ was lepea.u, 1esvInS s"ca y
power W:.n .ne t..eeiuens, tr .ae eecre!1Ly VI
sas .'e =. e.n. auu ;. e e"ssone .ana.:s I5;..
.ahno ~ ud sn;e n.o ..ri. 1915 WIN oa;";ans
ueis, s:as - ns. - ee'su .I@ @ un9e w I on 1oe7
=. p.. ,am " pl.or h ~ .nS ac. .. stca ~ .H"a
.pa Ius on ava,: snI sslne u.y 1.. .Ie ~. NP.a
mo ns on AZ 1oeg u ~ ~. ~ s.!ns "ss a ~
= ~, sa.;.., ae s .ha .sa... .s n,.oS.d
IN tha sn.-.s ~ - .I.n $500 . IN vb!ch The
r;,ht of ""n...ss 80 - 80 "nprove ssiect;ons for
rsssrv.,;ons ~ X. clsoriv sv pPnres.ed and .ff;rm.
ID sha.;ns ths - ;n,.n,;on of con.ress tn he
IN Is.va ths novsr v;th the nresident. etc
to front w;th Indian tribes. Int recognizinp
tha n r;oht and M ~ mover only to reside in con-
ores. 70 d;.noss Of the public domain. The
foo s;n,nIe title to ali lands within the ter
r;tor;ni limits of the United States. which
have not been disposed Of under or pursuant
to some act or resolution Of congress. is YES
ted in The United States, and such lands are
therefore the property of the United States
and subject only to the disposal of congress,
at lea.t 60 far a. relates to its own citizens
and tribes and bands of Indians residing
within its jurisdiction. am not aware Of
anv instance in which it can be claimed that
Indians under any treaty, made solely by
the president and the senate, whereby
reservation has been created. acquired any
higker or better title than that Of occupancy
alone. This right Of occupancy is sacred
rs that of the United States to the fee; but
it is only right of occupancy, and the pos
session when abandoned by the Indians,
attaches itself to the fee without further
grant: johnson vs. Mcintosh, Sth Wheat
574, United States vs.. Cook, 10th WAL 59l.
The public domain is not to be segregated
or the title of the government divested by
implication or presumption, and l can Sc.
nothing in the assertion ofthe power Of con-
gress over the question Of creating an Indian
reservation incompatible with or antagon-
istic to the treaty making power vested in
the president and the senate Of the United
States and this is recognized in the very
act providing for the treaty pleaded IN de-
fendant's answer. The first section OF that
act after crea ing the commlss on, provides
that they shall have power and authority to
call together the chiefs and head men OF
such bands or tribes OF Indians as are now
wagin: war against the United States.or COM
m'tting depredatlons upon the people there
OF; ascertain the alleged reasons for their
acts OF hostility, and IN their discretion.
under the direction OF the presldent, to make
and conclude with said bands or tribes, such
treaty stipulations, subject to the action Of
the senate, as may remove all Just causes OF
complaint on their part, and at the same
time establish security for person and pro-
perty along the lines ofrailroad now being
constructed: o the Pacific and other thorough
fares of travel to the western territories,
and such as will most likely insure civiliza-
ton for the Indians and peace and safety
for'the whites."
These hostile Indians were very numerous,
and were scattered over vast area of coun-
try, living east of the Rocky Mountains.
The paramount purpose of the treaty was to
secure peace and safety for the whites and
insure civilization for the Indians, and it
was deemed essential to the accomplishment
of these objects. that the Indians should be
permanently settled upon a reservation or
reservations and this involved the secrega-
tlon and appropriation tor that purpose OF
portion of the public domain. Where
such reservation or reservations should be
located, and their extent was matter Of
very grave importance to the country and
more especially that portion lying east Of
the Rocky Mountains and west of the Miss
ouria river, hence congress was careful in
this same act to reserve the final determine.
tion OF that question to itself. Section
provides: THAT said commissioners are
required to examine and select district OF
districts Of country having sufficient area to
receive all the Iudion tribes now occupying
territory east of the Rocky mountains. and
not peacefully residing on permanent reser'
vations under treaty stipulations to9which
the government has the right of occupation
or to which the commissioners can obtain
the right OF occupation and IN which d,stIlc,
or aistricts tnere snail oe sunclent tlliaole
or grazing ianos 70 ehaole % salo tLioes re
speetlve'y 70 suppof. .nemseives os agrl
culture or pastoral putsuns , os.u , u,s.rlc . ac
or oistslc.s. Mhen en- 30 selec.eo, a. an anu m .ae Sc M
lec..on approveu ~ congress sa.aal a; a;a oe auo
Iema.o ps1s1tn. .sa.aa nones dor ss,u ana'an, a
ns ,ocaso ~ ae'e t.;h anL ~ pasuns m ~
,,aS =, outos ~ SAN tbors;n snai' e'ef oe pe
'n.s.7o W. - 0n'7i 'usio'"
The commissioners proceeded to the dis