Page:Federal Reporter, 1st Series, Volume 7.djvu/911

 UNITED STAtB» V. BBIDIiEMAN. 899 �the power to lay and colleet taxes, to borrow money, to regu- late commerce, etc. �The act of 1834, as a regnlation of trado and intercourse with the Indian tribes in the "Indian couatry," as deoned in section 1 of that act, was within the power of congress, both on the ground of looality and subject — «stlch "Indialn eountry " being without the lilnits of any state, and therefore within the exclusive jurisdiction of the United States; and the intercourse with Indiana being a subject within its juris- diction generally. And as, when the act was extended over Oregon, on June 5, 1850, the latter was still a territory, the right to do so rested upon the same grounds — ^the power of congress over the locality and the subject. �But when Oregon was admitted into the Union — February 14, 1859 — the power of congress over the Indian tribes in Oregon, or the intercourse between them and others, so far as it depended on the locality, was gone, unless, and so far as, it may have been saved by the operation of the treaty of June 9, 1855, establishing the Umatilla reservation. But the jurisdiction which was not dependent upon locality — the jurisdiction which arises out of the subject — the inier- course between the inhabitants of the state and the Indian tribes therein — remained as if no change had taken place in the relation of the territory to the general government. Con- gress could no longer prohibit the introduction, manufacture, or sal« of spirituous liquor in the eountry, but only the dis- position of it to Indians. And, as it could prohibit that as well within the limits of a state as a place where it had exclusive jurisdiction, it could punish the violation of auoh prohibition in the former case as well as the latter. �The necessary inference from these premises seema to'be that the act of 1834, or so much of it as congress was author- ized to enact within the limits of a state for the purpose of regulating the intercourse — -the goings on — between the In- dians and the inhabitants of the latter, remains iu full force. Of this character are all the provisions of the act which pun- ish persons for wrong or injury done to the person or pro" perty of an Indian, and vice versa. ��� �