The morning call., 1891-08-27
LAWS DISCUSSED.
Meeting Of the American Bar
Association.
Review Of Acts Of Congress and Different
Stale Legislatures.
Legal Status of The lldlan-SupTeme Court
D8GlSiOns-Time for the Government
10 Assert Its Power.
Epeciai TO THE MORNING CALI

Boston, Aug. 26.-The fourteenth annual
meeting of the American Bar Association
opened this forenoon. Nearly 200 members
were present. After President Baldwin
had called the assembage to order well
come was extended to the visitors By Hon.
John Lowell, President of the Boston Bar
Association. President Bald win responded,
stating that the association was pleased
with the warmth Of the reception accorded
it. After these few brief remarks he pro-
ceeded to deliver the annual address.
THE PRESIDENTS ADDRESS.
The President spoke of the great diversity
of matters treated by the Federal and State
governments. He then reviewed the acts of
Congress and of the Legislatures of the diff
ferent States. In speaking of the action
taken TO relieve the Supreme Court, he re-
viewed at some length the details of the Ju-
dietary Act. He paid tribute to President
Harrison in regard to the fairness and ex-
cellence of his appointments to fill the new
Circuit Court Judgeshps. He mentioned
especially the International copyright law.
The speaker said that within the last year
the number of States which had adopted the
Australian ballot system had increased to
twenty-nine. TIE laws relating to other
important matters were gone over, and the
President, speaking of the uniformity of
legislation, said five more States had ap-
pointed commissions to promote it. In clos
ing, the speaker referred to the American
Constitution, which he said is the best of
the fruits of 1000 years Of Anglo-SaxOn
III 6 al
dress 100 new members were admitted. A
recess was then taken.
INDIAN RIGHTS.
At the afternoon session interesting ad-
dresses were delivered by Frederick NJ.
Judson of st. Louis on the "Individual Lib
erty of Contract Under Police Power" and
by William B. Hnrnblower OF New York on
the Legal Status OF the Indians"
Mr.. HornblOwer, after speaking of the
compleXlty Of Jurisprudence OF the United
States, referred To a recent decision by the
United States court in South Dakota, that
the killing of United States army officer
by an Indian was not murder, because
state of war existed between the United
States and the tribe t. which the Indian be-
longed. This, lie said, has directed public
attention to the legal status OF the Indian.
Af,er reviewing the various dealings with
the Indians since the formation Of the United
States Government the speaker proceeded
Indian has been determined by the Supreme
Court. He said:
LEGISLATION NEEDED.
The right of Congress 10 regulate the legal
status of ihe Indian having been fuzzy and
Clearly euuuclaI by the court Of last les oft the
question is pertinent wheth the time bIs
arrived fOr Congress to take such Steps Will
put an end at oBce and forever to any such rights
of Independence or quas-iudcpeudence Will
tusuiy any tribe or so-ca!led nation Of Indians In
leyyiug war against the United States Already
Congress has taken steps in The direction OF de-
Matchmaking the Indians. Having advanced
thus lar II would seem eminenuy proper that
fUIther steps should be taken, aud that Congress
should pass an act subjecilng all Indians within
the jurisdiction OF any State or Territory 10 the
criminal laws OF those STATES or Territories. all
Indians within any Iudian reservation 10 the
criminal laws Of the United States, aud deeal lug
that they shall not heieafter be recognized as
political communities capable OF making war, or
as Ill any respect independent.
HOSTILITIES ENCOURAGED.
However great The wrongs of the Indian aud
that they cannot be rished by casual nsui-
IectiOu. 1t Is clearly time The Government
should assert lis power and tnfOrce the law
against tile wards Of The na ion. Certainly for
the Indian 10 be told he may rise against Tie
United Sta.e Government aud Kill officers and
soldiers aud be exempt from all punishment
either for treason OF murder because he Is
member OF an Independent or quasi-lndependent
nation wagng war against the United States is
to encourage and not TO det-r him from future
hoSilities. That which was once fact has be-
come fiction. The Indian nations have become
Wr' tched remnants banging OH the outskirts OF
CIVILIZATION, or living on reservations and sur
rounded by civilized communities and dependent
IN Whole or part Tor support ON the Government
Let the nctlOn be abolished. Let US enact laws
suitable for the present situation and place the
legal status Of the Indian upon o rational aud
practical basis
Professor Thayer presented resolutions to
the effect that the Government should pro-
vide, at the earliest possible moment.
system of courts and law in and for the In
dian reservations. A committee was ap-
pointed TO bring the matter to the attention
of the President and Congress.