Page:Federal Reporter, 1st Series, Volume 4.djvu/802

 T88 FEDBBAIi REPORTEE. �respect tô ail Indian reservations in the country, and is expressed so plainly in the provisions of the treaty above named, it is impossible to suppose that it was'the intention of congress, by the organization of the state of Colorado, to annihilate the treaty, and to deprive the Indians of their right to protection under it. Where a district of country has been by competent authority set apart as an Indian res- ervation, and by treaty stipulation the United States have assumed exclusive jurisdiction over it, such district remains an Indian reservation, and the federal jurisdiction over it con- tinues until it is changed by acts of congress, or by treaty, or until the Indian title is extinguished, and this notwithstand- ihg it may be embraced within the limits of a state. Bates T. Clark, 95 U. S. 204. The treaty by its terms was to be permanent, and the rights conferred thereby were not to be taken away without the consent of the Indians. It may be eonceded that it is within the power of congress to repeal it, but it is clear to my mind that such repeal can only be «nacted in express terms, or by such language as imports a ■clear purpose on the part of congress to effect that end, �To' hold the treaty abrogated by the subsequent legislation ■would be to assume that congress intended to depart in this instance altogether from the policy of treating the Indians as wards of the nation, of keeping them and the lands set apart fqr their use and occupation within the sole jurisdiction of the United States, and that it intended to turn this particular iribe, with its reservation, over to the jurisdiction and control of the state of Colorado, stripped of its treaty rights, and deprived of the powerful protection of the national govern- ment. Such a purpose ought to have been very clearly •expressed. �If it be said that the state may have jurisdiction within -the limits of the reservation for the purpose of enforcing its «riminal laws, without interferiug with the rights of the In- dians under the treaty, the answer is that one of the obliga- tions imposed upon the United States by the plain terms of the treaty is to enforce their own criminal laws against ail «lasses of ofPenders within the bounds of the reservation. ����