Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-10-11

never been wholly sbrogated. The ex.
departments OF the government
have continuously acted upon it.. There
was some contention in conRress concern.
ing the selection Of the lsn0s reserved. and
regarding the approval of congress thereto;
but on the 18th Of August. 1876, On oct vas
approved, entitled IAN act making %sppro-
''priatious for the current and contingent.
Expenses Of the Iudian department" etc,
10 which. In reference to the Sioux Indians.
the above tract 10 termed THE permanent r..
established BY the treaty Of eieh.I
teen hundred and sixty eight for said To-
''dians." |
The sgreemeat approved February 2sth.
1877. expressly admits that Q reservation was
defined BY art. Q. of said treaty End mobiles
the same. abrogates article l6 Of the treaty, !
relinquishes and ceeds the Black bills coun-
ny, and contains certain changes and con-
cessions; but BY article 9 Of the agreement,
the provisions Of the treaty of 1858. excepi
40 modified. shall continue In full force.
and, With the provisions of the agreement.
shall apply TO any country which may
hereafter be occupied by the said Indians as
Q home.
Whilst section 207s of the revised sta
tutes, declares that thereafter no Indian ma
ton or tribs shall DO recognized as On in.
dependent nation, yet 1t also declares that
mo obligation of any treaty lawfully made
"and ratified with any such Indian nation
'or tribe prior to March third, 1871, shsll
"be invalidatsd or impaired"
If the treaty of 1868 wa not lawfully
made and ratified, why, II may be asked.
did not congress promptly SO declare the
fact? From year to year. appropriations OF
various kinds and of vast amounts have
been made to carry out it's provisions.
facts OF practical ratification have more
force, than mere words Of discomfort and
protest accompanying them. Until abro-
gated. this treaty was at least binding upon
the consciences Of the judicial and execu-
tive departments of the government. as
we'll as upon those Of the people. The con-
stitution, and the laws of the United States
made 10 pursuance thereof, and all treaties
made under the authority Of the United
States, are declared to be the supseme law
of the land. As long as treaty obligations
exist, they must be faithfully kept and up
held.
(See Worcester '. The State of Georgia.
6 Pet, 56O-5Sl.)
Thus aside from the dissatisfaction no.
ticed. the three departments of the govern.
ment have so far currently acted in support
of the treaty I; and this court will bold that
it was lawfully made and ratified, asd Was
binding in all Its parts,-uutil We shall be
corrected by . higher tribunal.
The contract In this case was made at
Deadwood, and was to be psrforned there.
But at its date, that placs, WAS, and had
been. set apart for the abso:ute aud undis-
turbed use and occupation Of the Indhps.
As It was unlawful for the. contracting
parties to settle upon the lot in co~ntreyersy
in August 1876. 20 it was unlawful for
them to assume the relation of iaadlofd and
tensst 10 regard to It. Tbs object Of the
contract was unlawful when the contract
Was made. The, object was to isduce the
leases to take possession Of, andsto OCCUPY
the town lot, andso erect = building for :
store. and to getSrest for the gfuuhd. Tbis
written contract hsving such uhilwful OBJ
ject, vas and is entirely void.
When the United States solsmnly agreed
that such persons % made this writing.
should not DO permitted to settle upon this
lot as long as the treaty stipulstions should
ex.st.-it amounted to prohibition. The
treaty wassthe supreme .laW. to wlsa and
deter then.from such unlawful contract.
The object of the contract was, more
over. "a violation OF section 2ll8, of.ihe re-.
vlsed ssakutes, which declares that every
"personwho makes q settlement % any
LANDS Belonging. securSdror granted BY
',reaty With the United States to any To-
'dlan tvtbsY or surveys or attempts 70 sur
svey such ehnds, or TO destepate any OF the
"~bousdAsiss BY m fking tiees, or otherwise,
"is lishls 10 . penalty of one thousand dol.
Glars The president may,-smoreover, take
'such ossasures and employ such military
"iorcea16e may judge necessary t6femove
"any haehS person from the hands"
The costrsct was not only void,
but the, parties we're therefore, lilo.
BILE to a~@sprosecution Tee the peaaltiee,
But ssias from the lattet, consideration
such 1 co3tSact cannot BE- sustained either
At Law. or 10 equity. F0r,ss wassaid BY
Chief Jusltce. Taney. In Kennett '. Cham.
bers. IA Now, 60). 'as tho sovereignty re-.
"stdes In the people, every citizen
IL . portion Of It, and 10 himself per.
I sonally bound BY the laws which the rel
representatives. of the sovereignty may psse,
s.or the treaties into wAichlhey may enter,
fsithiu the scope ota..their delegated %.
shortly. And wheD sSt4t sSthprity hso
tt11igAtsd is faith to d9USbek-oation that
stAert.3hall b peace s. fkEtaship. be-
$tyeesAbe citizens Q ssAe two ~coussries,
rsterfpiti1su oftho United States 10 equal.
~ aldspetsonally ple1goA
"Tm, coepsst Is ~ 4<tAe depart.
rnent@ The aovernmea1'ut1h which b
..bamSAlf be- 1ieeed toSytpfa-tSs power.
"ltls he own personal cnnnkFss apor.
"tiou 0f.the soveeeigutylHI wAese bebalf il
sis. msd,. AndEhe can % 40 ecA, nor isntel
| ''inso ~ agreement 10 peQuote y enpeur-
'tpe tpvoltor Aost'lis1sseksi the tsrri-
.torioSof . country wiz which our pov-
.SYnu1sat is pledged bytyeaty y bat peace,
.With6M abreach al hfsSNvAs~4 citissn,
and u breach Of the !sith spseaged. 10 a
.forriku nation. And itA0 n6eseo. he ean-
"ha clam Tie aid Ga ccaFf II AGsio 10 en-
.1sre. it"
pontinued to IAeuow.l