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Excerpt]
"The
law and facts show that the reservations of the Six Nations of New
York are each independent, and in some particulars as much
sovereignties, by treaty and obligation, as are the several states of
the United States. The Saint Regis reservation, however, differs
somewhat from the others. The lands within these reservations, of
course, partake of and carry with them the conditions of the grant.
These nations are anomalies, and, with the exception of the Five
Civilized Tribes in Indian territory, who are each known by treaty as
nations, are the only ones of like character in the United States.
They are in fact almost nations within a nation. They were created
and grew more out of fear of the Indian and the desire to get rid of
and keep him at peace at any price than as an act of justice."
"The
members of the Six Nations of New York residing on reservations or
living in tribal relations do not vote at county or state elections,
nor do they pay taxes to the counties or the state. They are
therefore Indians not taxed. They have a constitution, and the
Senecas have a charter from New York as well as their own. They are
amenable to national and state courts or laws only in respect of
crimes, except the Saint Regis Indians, hereinafter noted (*)."
"If
the Iroquois, native or foreign born, want to become citizens of the
United States they must renounce allegiance to their own people; but
if those of the Six Nations in New York become such citizens they can
not carry their real property interest with them so that it will be
subject to levy and sale for debt on contracts. This, in fact, is at
present a practical inhibition in their way to citizenship. The
several reservations belong to them (Saint Regis differs somewhat
from the others), and neither the state of New York nor the United
States can legally break them up without the Indians' consent, or
through conditions analogous to those of war. They have always been
recognized as nations."
"The
conclusion is irresistible that the Six Nations are nations by
treaty and law, and have long since been recognized as such by the
United States and the state of New York, and an enlightened public
will surely hesitate before proceeding to divest these people of
long-established rights without their consent -- rights recognized
and confirmed in some cases by the immortal Washington and by more
than a hundred years of precedents and legislation."
*
There is no law for this, but by agreement and usage the Saint Regis
Indians can sue and be sued in the inferior courts of the state of
New York, and judgment is always enforced. They have no courts among themselves.
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