Page:Federal Reporter, 1st Series, Volume 4.djvu/803

 UNITED BTATBS' ». BERRT. 780 Purthermore, ît is manifest that if the enabling. aot repealg the treaty for one purpose, it repeals it for ail purposes. If the state bas jurisdictiou over any part of the teyritory ancl people of the reservation, for the purpose of enforcing ita criminal laws, it has jurisdiction over the whole of the terri- tory, and over ail the people; -whether whites, blacks, or Indians. If the jurisdiction now claimed by the state be eon- ceded, then it foUows that the state may not only enforce such criminal laws as now exists on its statute books, as against ail persons residing or found upon the reservation, but it may enact. other laws, if it so wills, in direct conflict •with the rights guarantied to the Indians by treaty, as well as destructive of the policy of eongress with respect to that people. This is precisely what the state of Georgia- attempted todo in 1829 with respect to the reservation of the Cherokee na- tion, which was within the^limits of that state. But the supreme court of the United States held in. the case of Wor- cesterx, The State of Georgia, supra, ih&t the state legislation was void because in confliet with; a treaty with the Cherokee Indians, which was held to be the supreme law of the land* In that celebrated case Ghief Justice Marshall said : "The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and consequently admits their raijk among those powers who are capable of making treaties. The words in our diplomatie and legislative proceedings, by ourselves, liaving each a definite and well-understood meaning. We have applied them to Indians, as we bave applied them to the other nations of the earth, They are applied to ail in the same sense." An examination of the history of congressional legislation concerning Indian affairs, from the formation of the govern- ment down to the present time, will show a continuons and consistent policy of national supervision, care, and protection. Numerous reservations have been from time to time set apart
 * treaty ' and 'nation ' are words of our own language, selected,