Page:Federal Reporter, 1st Series, Volume 7.djvu/910

 of country.!J!he treaty (12 St. 945) providea that the res- eryation— ^ �" Shairi)e set apait as a resldelice for said Indians ; • • * allof icrMch tract shall lie set ajaiV, and, so far as necessaiy, surveyed and marked out, for th«ir excjusi'^^, use ; nor shall aity irhite person be per- mitted to reside upon- the 'same without permission of the agent and superintendent." ' ' �On February 14, .1859, (11 St. 383,) the state of Oregon, witb exterior bou^aaries, iuoluding the Umatilla reserya- tjioii, was "rcceiyed into th© Union on an equal footing with tb;Q other states in aJl respects whatever," without any pro- yiso or provision cpncerning the Indians or Indian reserva- tions therein. ; l.ifj ■( �!0^ Marph 8,,18«^9, the treaty was ratified by the senate, and on April llth it was proclaimed by the president, s The power to regalade commerce with Indian tribes in- cludes npt only trafic fin eommodities, but interoourse with B]tiqh tribes — the personal conduot of the white and other races to and with sucb tribes and the members thereof, and vice versa. Gibbons v. Ogden, 9 Wbeat. 189; U. S. v. Hol- liday, 3 Wall. 416. If the power to regulate the intercourse between the Indian and the white man includes the power to punisb the latter for ^fwin^, the former a drink of spirituous liquor within the limits of a state,: — as it undoubtedly does, — (17. i?. V. Holliday, supra, 415,) then it must follow that the power to regulate s^iob interoourse extends to and includes the power to puuish any other act of a white man having or taking effect upon the person or property of an Indian within Bu^h limits, and vice versa, even to the taking of life. �It is admitted that thc power of congress to provide for the punishment of an, act, as a crime, is limited to the subjects and places peculiar to the national government. Its power to do so arises from the locality of the act in question, wben itis eon^mittedin a place within the exclusive jurisdiction of the United States, as its territories, forts, arsenals, etc.; and from the subject, wh^n the punishment is imposed as a me^ns of carrying into execution or enforoing any of the powers expressly granted to congress by the constitution — as ��� �