Page:Federal Reporter, 1st Series, Volume 7.djvu/908

 896 fbdBbaii bbpobtbr. �ains, and waa never extended beyond them, proprio vigore, or otherwise, than as specially provided by act of congres». D. 8. V. Tom, 1 Or. 27 ; 171 8. v. 8axaloff, 2 Saw. gll. �By section 5 of the aot of June 5, 1850, (9 St. 437,) to authorize "the negotiation of treaties with the Indian tribes in Oregon," and "for other purposeS," it was enacted: �"That the law [June 30, 1834, supra] regulating trade and inter- course -with the Indian tribes east of the Eocky mountains, or such pro- visions of the same as may be apphcable, be'extended over:the Indian tribes in the territory of Oregon." �' Under this section it was early held (U. 8. y. Tom, supra) thai Bo much of the act of 1834 as " tends to prevent immi- gration, the free occupation and use of the oountry by the whites, must be considered as repealed. Whatever militates against the true interests of a white population is inapplica- ble." But the provision (section 20) prohibiting the dis- position of spirituous liquors to Indians was held applicable, as not being " necessary to the welfare " of the white people, but a blessing to the Indians and highly promotive of the safety, peace, and good ordeir of the whole community." �This decision was followed in this district until section 20 of the act of June 30, 1834, was amended by the acts of February 13, 1863, and Maroh 15, 1864. (12 St. 339; 13 St. 29,) so as to make the disposing of spirituous liquor to an Indian, under the charge of an Indian agent, a crime, without reference to the locality in whicl; it w;as done. So, too, section 9 of the act, which prohibits any person from^ depasturing "the land belonging to any' Indian or Indian tribe," has been considered in force iii Oregon as to the land included within an Indian reservation, and enforced in this court. U. S. v. Matlock, 2 Sawy. 148. �What other features of the act of 1834 were or were not applicable to Oregon has ubt been decided, nor has it been specially considered what effect, if any, the making and rati- fication of the subsequent treaty under which this reservation exists and the admission of the state into the Union have upon this question. �In U. S. V. Ward, 1 Wobl. 1, it was held by Mr. Justice ��� �