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United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1891
Part 1 ([1891])

Report of the commissioner of Indian affairs,   pp. 3-146 PDF (58.9 MB)


Page 17

REPORT OF THE COMMISSIONER5I OF INDIAN AFFAIRS.               17 
and gave the courts of the Territories jurisdiction in all such cases; 
also, that Indians committing said crimes against the person or property
of another Indian or other person within a State of the United States, 
and within an Indian reservation- 
shall be subject to the same laws., tried in the same courts and in the same
manner, 
and subject to the same penalties as are all other persons committing any
of the 
above crimes within the exclusive jurisdiction of the United States. 
Prior to this, section 25 of the act of 1834* had provided that- 
the laws of the United States, as provided for the punishment of crimes committed
within any place within the sole and exclusive jurisdiction of the United
States, shall 
be in force in the Indian country: Provided, The same shall not extend to
crimes com- 
mitted by one Indian against the person or property of another Indian. 
United States Court established in Indian Territory.-By an act of 
March 1, 1889 (25 Stats., 783), "to establish a United States court
in the Indian Territory, and for other purposes," Congress provided
for the settlement of civil controversies arising between citizens of 
the United States or of any State or Territory residing in the In- 
dian Territory, and any citizen of or person or persons residing or 
found within the said Indian Territory where the amount.in controversy 
is $100 or more. The effect of this was to extend to theindians within 
the Indian Territory certain civil liberties and responsibilities under 
the laws of the United States not previously enjoyed or borne by Indians
not citizens of the United States. By its terms, however, the internal 
affairs of the tribes or nations in the Indian Territory were in no wise
abridged or interfered with. 
Compulsory education.-So on through the Indian legislation down to 
the present time, and through the various treaties with the several 
tribes in this country, can be traced the growth and development of 
a paternal policy. The extent to which it has developed is shown by 
a clause in the last Indian appropriation act (26 Stats., 1014), which is
as follows: 
And the Commissioner of Indian Affairs, subject to the direction of the Secretary
of the Interior, is hereby authorized and directed to make and enforce by
proper 
means such rules and regulations as will secure the attendance of Indian
children of 
suitable age and health at schools established and maintained for their benefit.
See 4 Stats., 733, now incorporated in section 2145 of the Revised Statutes.
Also 
section 3 of the act of March 27, 1851 (10 Stats., 270), now incorporated
in section 
2146 of the Revised Statutes, which provided that this section of the act
of 1834 
should not be construed as extending to the Indian country any of the laws
of the 
United States enacted for the District of Columbia, and that section 20 of
the said 
act which provides for the punishment of persons introducing spirituous liquor
or 
wine into the Indian country and furnishing the same to the Indiabs, shall
not be 
construed to extend to " any Indian committiug said offenses in the
Indian country, 
or to any Indian committing any offense in the Indian country, who has bec
pun- 
ished by the local law of the tribe, or in any case where, by treaty stipulations,
the 
exclusive jurisdiction over such offenses may now or hereafter be secured
to said In- 
dian tribes, respectively, and anything in said act inconsistent with this
act be, and 
the same is hereby, repealed."~ 
10288 I A---2 


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