The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-01-04

the basis wherein these republics, their
laws and constitutions are erected to
fix and establish these principles as the
ernments which forever hereafter shall
be formed in the said territory" The
first article Is in these words "No
person demeaning himself in a peaceable
and orderly ann shall ever be mo-
Tested on account Of his mode of worship
or religious sentiments in the said terri
tories" The third article provides that
"the utmost good faith shall ever be OBJ
served toward the Indian, \ \ \ and
in their property, rights and liberty, they
shall be invaded or disturbed, I'M
less in just and lawful wars authorized
by Congress-" These principles have
been engrafted into the fundamental
laws of the land.
The office of Secretary of the depart
mem of the Interior has beer created by
an act of Congress. He denies the
power from some ~statututes to adopt
rules to carry into effect the will of the
lawmakers, but cannot exceed this au-
thority OF violate the constitution. Con-
gress cannot empower officers Of the
United States to enter into an alliance
with the missionary society of any de-
nomination to enable it to convert to it's
religious opinions a part of the popula-
ton. The native races have a system of
faith and worship which is deemed false
by the rest of mankind but it is a relig-
ion which must be tolerated, and it's fol-
lowers are entitled to the same protection
as the adherents of any other belief.
Shakespeare states a legal truth in the
character who says:
"Thus %Indian-like, religious in my
error, l adore the SUM-"
The revenues ofthe Union are diverted
from their legitimate uses, when they
are paid to the members of a church to
aid them in PROSECUTING "the red men of
the forest" The Supreme Court has
decided that the Indian tribes may be
"denominated domestic dependent ma
tions," having many of the political
functions of the States. The general
government exercises its control over
them through the power to negotiate
treaties, and the right of Congress to
regulate m with foreign ma
tons, and among the several States and
with the Indian tribes" This clause
has been interpreted in many judicial
opinions, and the statutes governing
the trade, traffic and intercourse with
the Indians receive from it their valid
ity. But no one ever discovered that
there was hidden in these words any
authority to regulate" religion "wiri2
the Indian tribes" or "foreign nations.''
Congress has never interfered with the
modes of faith of these wards of the ma.
ton, or enacted a law granting the
privilege to the Secretary of the interior
, of proclaiming the regulations consti
tuting this Indian policy. The Officers
of this department have assumed tn.
power to make these rules in the alb
sence oflegislation, and rendered them
!, selves liable to impeachment.
The employees Of an Indian agency
comprise usually a farmer, miller, black
smith, engineer, sawyer, carpenter anC
/ similar workmen. Outside of the De
7 partment of the Interior, We do not thinl
, there is a segment of the globe where al
E employer would inquire into the relig
ious dogmas that were entertained b,
l capable and honest mechanics. 1
r would be considered evidence of insanit,
: or blind fanaticism for such a person t.
, discharge from his service a competen
. and faithful blacksmith or carpente
| because he was "obnoxious" to a mis-
e sionary society. Yet such is the publ
l policy of the United States towards
f people treated as a State in the eyes o
the law, and having peculiar and undo
f niable rights to enjoy unmolested thei
: religion. These agents and their "subol
l dinates hold offices of public trust unde
the United States" The method Ofthei
r appointment has been mentioned. Cor
e gress determines the tenure, emolumen
8 and duties of these offices and trusts
C and the national treasury opens its vault
to pay the compensation. The const
tuition declares that "no religious ties
e shall ever be required as a qualificatio
$ to any office or public trust under tn
United States" We witness daily
4 fragrant disobedience of this plain con
mand. A religious test is required i
the republic, and citizens with the abb
IS ity, patriotism and faith of Franklin
e Adams and Jefferson are thereby excl
# ded from holding important offices an
r trusts. The wheels of the general go'
# eminent are revolving backward to tn
8 age of war and persecution, when tn
monarchies of Europe were battling ft
tho noSSaSSian of the nnMlx.f0und cor