The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-08-27
The INDIANS RIGHTS
Discussed Before the American
Bar Association.
THE RED MANS LEGAL STATUS
The Power of Congress to Define 1t Estab-
lished-Courts of Law for Indian Reser-
vatiOns Recommended.

BosToN, Aug. 26.-The fourteenth an
nual meeting of the American Bar asso-
citation opened this forenoon; nearly two
hundred members were present. After
President Baldwin had called the as
semblage to order welcome was extended
to visitors by Hon. John Lowell, president
of the Boston Bar association. President
Baldwin responded, stating the association
was pleased with the warmth of the recep-
ton accorded it. After these few brief re-
marks be proceeded to deliver his annual
address.
The president spoke of the great di-
Verslty OF matters treated by the federal
and state governments. He then reviewed
the acts of Congress and of the legisla-
lures OF the different states. In speak
ing OF the action taken to relieve
TIE supreme court he reviewed at
some length the details of the judiciary
act. He paid a tribute to President Har-
rlson in regard to the fairness and ex-
cellence OF his appointments to fill the
new circuit court judgeships. He men
| toned especially the international copyright
law. The speaker said within the last
year the number of states which had
adopted tue Australian ballot system had
| increased tc twenty nine.
Laws relating TO other important mat
tiers were gone over, and the president,
speaking of the uniformity of legislation,
said five more states had appointed com
missions to promote it. In closing, the
speaker referred to the American constitu-
ton, which, he said, is the best fruits of a
thousand years of Anglo-Saxon history
At the close of the presidents address
new members were admitted. Recess was
then taken
AT the afternoon session interes ting ad-
dresses were delivered by Frederick M.
Judson, OF st. Louis, on the individual lib
erty of contract under the police power,
and by William B. Horn blower, of New
| York, on Legal Status of the Indians"
Mr.. Hornblower, after speaking of the
complexity of Jurisprudence of the United
States, referred to the recent decision of
the United States court in South Dakota,
that the killing of United States army
| officer by an Indian was not murder. be-
cause state Of war existed between the
| United States and the tribe to which the
Indian belonged. This, he said, has
directed public attention to the legal status
of the Indian. Q AFTER reviewing various
dealings with the Indians since the forma
ton of the United States government, the
speaker proceeded to review the cases
in which the status of the Indian had been
determined by the supreme court 1.-THE
right of Congress to regulate the lega
status of the Indian having been fully anC
clearly enunciated by the court of last re
Sort the question is pertinent whether the
time has not arrived for Congress to take
such steps as will put an end at once anG
forever TO any such rights of independence
or quasi independence as will Justify any
| tribe or so-called nation of Indians il
levying war against the United States
Already Congress has taken steps in the
direction of denationalizing the Indians
Having advanced thus far, it would seen
eminently proper that further steps should
be taken; that Congress should pass al
act subjecting all Indians within the juris
diction of any state or territory to thu
criminal laws of those states and terri
tories and all Indians within any Indial
reservation to the criminal laws of the
United States and declaring that they shall
not hereafter be recognized as politica
communities capable of making war, or a
in any respect independent. HoWeye
great the wrongs of the Indian and how
ever real his grievance, it is perfectly clea
they cannot be righted by casual insur
rection. 1t 10 clearly time the government
should assert itS power and enforce the Law
against theee wards of the nation
Certainly for the Indian to be told he ma
rise against the United States government
and kill officers and soldiers and be exemp
from all punishment either for treason O
murder because he is a member of an indie
pendent or quasi independent nation wag
ing war against the United States, is to en-
courage and not deter him from future hos
tilities. That which was once fact ha
, become fiction. The Indian nations hav
become wretched remnants hanging on tn
outskirts of civilization or living on reser
vations and surrounded by civilized CON
} munities and dependent wholly or in par
, for support on the government Let tn
, fiction be abolished; let us enact laws sui
able for the present situation and place til
, legal status of the Indian upon rations
and practical basis.n
Prof. Thayer presented resolutions t
the effect that the government should pre-
vide st the earliest possible moment sly.
TEN OF courts of law for Indian reserva
tions. committee was appointed
bring the attention Of the President an
Congress.