The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-27
THE BAR CONVENTION
Thinks Congress Should Change
Indians Legal Status.
DISCUSSION OF LAW REFORM.
A Negro Cannot Be . Patriotic Son Of
Amerfca-InterDatfona Couven-
ton OF Geologists.

Bos1oy. Aug. B.-The fourteenth annual
meeting of the American Bar Association
was opened this afternoon. Nearly 300
members were present. After President
Baldwin had called the assemblage TO
order a welcome was extended to the
visitors by Hon. John Lowell, president
of the Boston Bar Association. President
Baldwin responded, stating that the asso-
citation was pleased with the warmth Of
the reception it received. After these few
brief remarks he proceeded to deliver the
annual address.
The president spoke of the great diver
sity of matters treated by the Federal and
state governments. He then reviewed the
acts Of congress and of the legislatures of
the different states. In speaking Of the
action taken to relieve the supreme court,
he reviewed at some length the details Of
the judiciary act. He paid tribute TO
President Harrison with regard to his
fairness and the excellence of hi. appoint
ments to TIL the new circuit court Judge
ships. He mentioned especially the inter-
national copyright law. The speaker said
that within the last year the number OF
states which adopted the Australian bal
lot system had been increased 10 twenty
nine. Laws relating to other important
matters were gone over and the president,
speaking Of the uniformity of the legisla-
lures. said five more states had appointed
commissions to promote il. In closing,
the speaker referred TO the American con-
stitution, which, he said, is the best fruit
of thousand years of Anglo-Saxon his
tory. At the close OF the presidents adj
dress, 100 new members were admitted.
At the afternoon session interesting adj
dresses were delivered by Frederick NJ.
Judson, of st. Louis, on individual Lib
erty Of Contract Under Police Power" and
by William B. Hornblower, of New York,
upon "The Legal Status of the Indians"
Mr.. Hornblower, after speaking of COM
plexity of Jurisprudence of the United
States, referred to the recent decision of
United States court in South Dakota, that
the killing of United States army officer
by an Indian was not murder, because a
state Of war existed between the United
States and the tribe TO which the Indian
belonged. This, he said, had directed
public attention TO the legal status of
the Indian. After reviewing the various
dealings with the Indians since the forma-
ton of the United States government, the
speaker proceeded 70 review cases in which
the status of the Indian had been deter
mined by the supreme court The right
of congress to regulate the legal status of
the Indian, having been fully and
clearly enunciated by a court Of last
resort, the question is pertinent whether
the time has not arrived for congress to
take such steps as will put an end at once
and forever to any such rights Of independ-
ence or quasi-independence as will justify
any tribe or so-called nation" OF Indians
in levylng war against the United States.
Already congress has taken steps in the
direction of de-nationalizing the Indians.
Having advanced thus far, it would seem
eminently proper that further steps should
be taken: that congress should pass an act
subjecting all Indians within the iurisdic-
ton of any state or territory to the crimi-
nal laws Of these states or territories, and
all Indians within any Indian reservation
to the criminal laws of the United States,
| and declaring that they shall not hereafter
be recognized as political communities
as capable of making war, or as in any re-
spect independent. However great the
| wrongs of the Indians, and however
real his grievances, it is perfectly
clear they cannot be righted by
casual instruction. 1t is clearly
time the government should apply its
"wards of the nation" Certainly for the
| Indian TO be told that he may rise against
the United States government and kill
| officers and soldiers and be exempt from
| ali punishment either for treason or for
| murder, because he is a member of an in
| dependent or quasi-independent nation,
| waging war against the United States is
| to encourage and not to deter him from
| future hostilities. That which was once a
| fact has become fiction. Indian nations
have become wretched remnants hanging
on the outskirts of civilization or living on
reservations, surrounded by civilized COM
| munities and dependent wholly or par
TALLY for support on the government. Let
the fiction be abolished; let us enact laws
suitable for the present situation and place
the legal status of the Indian upon o ra-
tional and practical basis.
Professor Thayer presented resolutions
to the effect that the government should
provide at the earliest possible moment a
system of courts and laws in and for In
dian reservations. A committee was ap-
pointed to bring the matter to the atten-
ton of the president.