Speech #460079119

I take it there can be no reasonable doubt that where an Indian tribe continues to be an Indian tribe and continues to reside on its Indian lands by virtue of its Indian title to lands that the United States in setting up the State of Colorado (which is this case) have not turned over to the jurisdiction of that State in any way. the State has no political power over that reservation at all except as it respects the relations of its own citizens to the Indians. and then perhaps it would be the courts of the United States that would have to settle them. and probably that is the existing state of the law. But this bill does not provide that this limitation as to taxation shall be dependent upon the continued existence and consolidated character of the tribal relation or the places where they are to settle. It does not provide that they are all to settle in one place. but they are to go to a certain region of country and so they are to settle down together. just as if the United States in order to encourage immigration from Ireland. where there is great distress. should provide. as it might probably lawfully do. that if a body of Irishmen from the county of Cork to the number of two thousand should come and enter upon the public lands in the State of Colorado and settle in one place. at this very spot we are now speaking of. on the Gunuison River. they should have patents in feesimple for one hundred and sixty acres of land each. that they should live all together. and form a community if you please. make it as strong as you like in that way. they should not alienate for twentyfive years. and they should not be taxed by the State for twentyfive years . would that do ? Nobody would contend that it would. It is only just so long as the nature of this Indian tribal condition. its originalnature as the original political community that the courts and Congress have all agreed had a certain kind of title of their own in their political character to the soil. exists and continues. that the right to escape taxation. as it seems to me. can exist.