Page:Federal Reporter, 1st Series, Volume 7.djvu/914

 902 FEDBBAIi BBPOBTEB. �tribe, the intercourse with which is under its absolute coa- trol? �But there is another ground upon which the jurisdiction of the United States to punish this offence may be safely placed. The ratification of the treaty of June 9, 1855, on March 8, 1859, took effect by relation from the date of its signing, so that it was in full force whan the state was admitted. U. ^. v. Eeynes, 9 How. 143 ; Davis v. The Police Court, Id. 285; Haver v. Yaker, 9 Wall. 34. Like every other treaty made by the authority of the United States, this one was and is the supreme law of the land. Const. U. S. art. 6, subd. 2; Worcester v. Georgia, 6 Pet. 515. By it the Umatilla reservation -was set apart for "the exclusive use" of the tribe of Indians to which Shick-Shuck belongs, and no white person was to be permitted "to reside upon the same" without the permission of the United States given by its superintendent and agent. In my judgment the efifect of this treaty was to make the act of 1834 applicable thereto, Gxcept as otherwise provided therein, so that it became and is, to all intents and purposes, "Indian country," within the the meaning oi that phrase as used in that act and the Revised Statutes. �The admission of the state into the Union, with this reservation established within its exterior lines, did not and could not have the effect to abrogate or modify this treaty^ The act of admission is silent upon the subject, and admit- ting that the treaty might be repealed by an act of congress, {Taylor v. Morton, 2 Curt. G. C. 454; The Clinton Bridge, 1 Woolw. 155 ; The Cherchee Tobacco, 11 Wall. 620,) there is no reason to believe that congress intended by such act to affect it in any way. The necessity for the reservation was quite as apparent then as when it was created, and the treaty pro- viding for it was ratified by the senate within a month after the passage of the act of admission. The reservation bas ever since been maintained by the United States, and con- gress bas continued to recognize its existence as provided in the treaty by making appropriations for its support. ��� �