The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-08-27
Red Men Should Be Am enable to
the Criminal Law Of
~ States.
OR Those Of the United States, If
Located on a Reser-
walton.
Indian Nations Are Wretched Remnants
Hanging ON the Outskirts of Civ
tIixatiOn-Suitable Laws

meeting OF tho American Bar association
opened this forenoon. Nearly 200 members
we're present. After President Baldwin hat
called the asssmblage to order a welcome
was extended to the visitors by Hon. John
Lowell, president of the Boston Bar asso.
citation. President Baldwin responded,
stating that the association was pleased
with the warmth of the reception it has re-
proceeded to deliver his annual address.
He spoke of great diversity of matters,
treated by federal and state governments.
He then reviewed the acts of congress and
of the Legislatures of different states. In
speaking of the action to relieve the
supreme court, he reviewed at some length
the details OF the judiciary act. He paid a
tribute to President Harrison in regard to
the fairness and excellence of HIS appoint
ments to fill 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 ballot
system had increased to twenty-nine. Laws
relating to other important matters were
gone over and the president, speaking of
the uniformity Of legislation, said that five
moro states had appointed commissions to
promote it. In closing the speaker referred
to the American constitution, which, he
said, is the best fruit of a thousand years
of Anglo-Saxon history. AT the close of the
presidents address 160 new members we're
admitted.
At the afternoon sesslon interesting ad-
dresses were delivered by Frederick NJ.
Judson, OF st. Louis, on individual liberty
OF contract under police power, and by
William B. H%ornblower, of New York, upon
the legal status of the Indians. Mr.. Horn
blower. after speaking of the comple1ity of
the Jurisprudence of the United States, re-
ferred to tho recent decision of the United
States court in Sonth Dakota that the kill
ing of q United States army officer by IN
Indian was not murder. because u state of
war existed between the United States and
tribe to which the Indian belonged. This,
he said, has directed public attention to the
legal status of the Indian. After reviewing
formation of the United States govern
mont, the speaker proceeded to review
cases in which the status of the Indian had
been determined by the supreme court.
Tn right of congress to regulate the legal
ststus having been fully and clearly enun-
ClAV0A W ~ oO0Ab VI An0V nv dAO6~
ton 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 riehts of Independence or quasi lnde-
pendenoe a viii Justify any tribe
Already congress has taken steps in the di-
rection of donationalizing the Indians.
Having advanced thus far, it would seem
eminently proper that further steps should
be taken; that congress should pass an act
subjectinR all Indians within the iurisdic-
tion of any state or territory to the criminal
laws of those states or territories, n all
Indians within any Indian ~reservation to
the criminal laws of the Uunited st ates.
and declaring that they shall not hereafter
DO recognized as political communities
capable of making war. or as in any respect
independent. However great the wrongs of
the Indian and however real his grievance,
it is perfectly clear that they cannot be
righted by casual instruction. 1t is clearly
time that the government should assert it's
power and enforce its laws against
these wards" Of the nation.
Certainly for an Indian to be told that he
may rise against the United States govern
mont and kill officers and soldiers. and to
be exempt from all punishment either for
treason or murder because he is a member
of an independent or quasi independent
nation waglng war against the United
States, is to encourage and not to deter him
from future hostilitles. That which was
ones fact has become fiction. Indian ma
tions" have become wretched remnants
hanging on the outskirts of civilization or
living on reservations and surrounded by
civilized communities and dependent in
whole or In part for support from the gov
eminent. Let the fiction be abolished, let
us enact laws suitable for the present situa-
ton and place the legal status of the Indian
upon a rational and practical basis.