Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-07

conduct of the government and upon the emil
nent counsel who, before my accession to the
presidency, were called to their assistance, the
duty of prosecuting with the utmost vigor of
the law, all persons who may be found charge
able with fraud upon the postal service.
RELIEF FOR THE COURTS.
The acting attorney general calls attention
to the necessity of modifying the present sys-
tenn of the courts of the United States, a ne.
cessity due to the large increase of business,
especially in the supreme court. Litigation
in our federal tribunals became greatly ex-
panded after the close of the late war. So
the abnormal condition in which the COM
munity found itself Immediately after the
return of peace, prudence required that
constitution Of judicial tribunals.
But as it has now become apparent that the
immense increase of litigation has resulted
from the wonderful growth and development
of the country, there is no ground for belief
that the business of the United States court
Indeed, that it is likely to be much greater is
generally recognized by the bench and bar. In
view of the fact that congress has already CIV
en- much consideration to this subject; make
no suggestion as to detail, but express the
hope that your deliberations may result in
such legislation as well as give early relief to
our over-burdened court.
LAwLEssNEss IN ARIZONA.
The acting attorney general also calls atten-
tion 70 the disturbance Of the public tranquil
ity during the past year in the Territory of
Arizona. A band of armed desperadoes known
as COW boys, probably numbering from fifty
to one hundred men have been engaged for
months in committing acts of lawlessness and
brutality which the local authorities have
been unable to repress. The depredations of
these cow boys have also been
extended into Mexico, which the
marauders reach from the Arizona
frontier. With every disposition to meet the
exigencies of the case, am embarrassed by
lack of authority to deal with them effectually
The punishment of crimes committed within
Arizona should ordinarily, of course, be left
to the territorial authorities; but it is worthy
of consideration whether acts which neces-
sarily tend to embroil the United States with
neighbOring governments should not be de-
clared crimes against the United States Some
of the incursions alluded to, may perhaps be
within the scope OF the laws of the revised
statutes, section 5,286, forbidding military ex-
petitions or enterprises aga nst frieIdly states
But in view of the speedy assemblage of your
body, have preferred to await such legisla
tion as in your wisdom the occasion may
seem to demand. 1t may perhaps be thought
proper to provide that the setting on foot
within our own territory of brigandage and
armed marauding expeditions, against friendly
natives and their citizens, shall be punishable
as an offense against the Unit d States. will
add that ia the advent of a request from the
territorial government, for protection by the
United States against domestic violence, Thu
government would be powerless to render
assistance.
The act of 1795, chapter SO, passed at a time
when the territorial government received little
attention from congress, enforced this duty of
the United States only as to state govern
ments, but the act of 1907, chapter 80, applied
also to territories. This law seems to have
remained IN force until the revision of the stat
utes, when the provision for the territories
was dropped. am not advised whether this
alteration was intent onal or accidental, but as
it seems to me that the territories should be
offered the protection which is accorded to
the states by the constitution, suggest
legislation to that end.
It seems to me that whatever view may pre-
vail as to the policy of recent legislation, by
which the army has ceased to be part of the
posse comitatus, IN exception might we'll be
made for permitting the military to assist the
civil territorial authorities in enforcing the
laws of the United States. This use of the
army would not seem to be the alleged evil
against which that legislation was aimed.
cumstances it is quite practicable to summon
a civil posse in places where the officers of
justice reqnire assistance, where military
force is within easy reach
INTERIOR DEPARTMENT.
The report Of the secretary of the interior,
with accompanying documents, presents an
elaborate account of the business of that de-
partment. A summary of it would be too ex.
tended for this place. / ask your careful at
tention to the report itself. Prominent among
the matters which challenge the attention of
congress at it's present session, is the man.
agement of our Indian affairs. While this
question has been cause of trouble and embar-
rassment from the infancy of the govern
ment, it is but recently thatany effort has been
made for it's solution In q manner serious,
determined, consistent and promising success
It has been easier to resort to convenient
makeshifts for tiding over the temporary diff
ficultles, than to grapple with the great per-
manent problem, and accordingly the easier
course has almost invariably been pursued. It
WAS LII uTdl dL b JltuC Wucu tuc ldGOudl lSTIl-
tory seemed almost illimitable, and contained
many millions of acres far south of the bounds
of civilized settlements, that policy should
have been initiated which more
than aught else has been the
fruitful source of our Indian complications.
I refer, of course, to the policy of dealing
with the various Indian tribes as separate
natlonalities, of regulating them by treaty
stipulation to the occupancy of immense res
ervations in the West, and of encouraging
them to live undisturbed, and by earnest and
influence of civilization. The unsatisfactory
rules which have sprung from this policy are
becoming apparent to all. As the white set
ments have crowded the borders of the reser.
vations, the Indians, sometimes contentedly
and sometimes against their will,
have been transferred to other
hunting grounds, from which they
have again been dlslodged whenever their new
found homes have been desired by the ad-
frontier collisions by which they have often
been proceeded have led to frequent and disas-
trous conflict between the races It profits to
discuss here which of them have been chiefly
responsible for the disturbance. whose recital
occupies so large space upon the pages of
our history. All have to deal with the
appalling fact that though thousands of ives
have been sacrificed, and hundreds OF millions
of dollars expended in the attempt to solve
the Indian problem. It had until within the
past few years seemed scarcely nearer a solu-
tion than 1t was half century ago. But the
government has of late been continuously but
steadily feeling its way to the adoption of a
plan which has already produced gratifying
results, and which in my opinion is likely, if
congress and the executive accord in its sup
port, to relieve us before long from the diff
entities which have hitherto beset us,
and resume the success Of the efforts now
making to introduce auong the Indians the
customs and pursuits of civilized life and
gradually to absorbsthem into the mass of our
citizens, sharing their rights and holding to
their responsibilities. There is imperative
need for legislative action. My suggestion in
that respect will be chiefly such as has been
already called to the attention of congress and
have received to some extent its consideration.
First recommend the passage of an act
making the laws of the various states and ter
ritories applicable to the Iudinn reservations
within their hnrdpra and avfondod fho Ia mo ~