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ers few or none. 2. The self-government enjoyed by the Indian tribes under the Constitution of the United States, as under the European powers, has always been a government by sufferance, by toleration, by permission. The United States, for their own convenience, have allowed this self-government, because to reduce the savages to the condition of submitting to civilized laws would have involved a great expense of blood and treasure; while through the tribal organization a much better government, for the purposes of the civilized power if not for the welfare of the Indians themselves, could be obtained, than through an administration which should disregard that organization. But this toleration of savage self-government worked no prejudice to the sovereignty of the United States. 3. The decay of a tribe in numbers and in cohesion, no matter to what extent carried, does not bring the members of such tribe within the municipal jurisdiction of the State wherein they are found, so long as the tribal organization continues to be recognized by the National Government. See the Kansas Indians, 5 Wallace, 737. 4. Congress is constitutionally competent to extend the laws of the United States at once over every Indian tribe within the Territories, if not within the States of the Union, even though treaties may guarantee to individual tribes complete and perpetual political independence; the breach of faith involved in the latter case being matter for possible conscientious scruples on the part of legislators, not for judicial cognizance. See 11 Wallace, 616; 2 Curtis, 454; 1 Woolworth, 155. We have thought it important thus to review the doctrine of the Report of the Senate Judiciary Committee, because, from the high standing of the Committee, from the assumption which the Report[P] makes of completeness in the citation of "treaties, laws, and judicial decisions" pertinent to the subject, on the express ground of a desire to enlighten, not only Congress, but the country, in respect to our Indian relations, and from the wide circulation given to the Report, as compared with that obtained by an ordinary decision of the Circuit or Supreme Court of the United States, the Report has apparently come to be accepted by Congress and the country as an authoritative exposition of the history and law of the subject although, in the very month in which it was submitted to Congress, the Supreme Court, in the Cherokee Tobacco, pronounced
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