Page:Federal Reporter, 1st Series, Volume 4.djvu/800

786 . FEDERAL REPORTER �fche state of Colorado," approved June 26, 1876, (19 St. 61,) which provides, among other things, "that when the state of Colorado shall be admitted into the Union, according to the provisions of the act entitled «An aet to enable the people of Colorado to form a constitution and state government, and for the admission of said state into the Union on an equal footing with the original states,' approved March 3, 1876, the lawB of the United States, not locally inapplicable, shall have the same force and effect within the state as elsewhere within the United States." �That the ireaty above named was a law of the United States is well settled by numerous decisions of the supreme court. Harkness v. Hyde, 98 U. 8.476; United States v. 43 Gallons Whisky, etc., 93 U. S. 188; Worcester v. State of Georgia, 6 Pet. 515; The Cherokee Tobacco Case, 11 Wall. 316. �It may be added that congress bas recognized the obliga- lion of ail treaties with the Indian tribes lawfuUy made and ratified prior to March 3, 1871. Eev. St. 2079. And by uumeïous legislative provisions, and by many acts of appro- priation, congress bas recognized ail suoh treaties as having the force of law. See Eev. St. §§ 2080, 2081, 2093, 2094, 2095, 2096, 2097, 2099, 2100, 2101, 2116, 2118. If I am right in the conclusion that the treaty above named was one of the laws of the United States, which, by the terms of the act of congress of June 26, 1876, was to remain in force in said state of Colorado after its admission into the Union, then it follows that the Ute reservation remains within the exclusive jurisdiction of the United Statea by virtue of said treaty. �But, without resting upon this proposition, let us inquire whether the enabling act upon its face ought to be construed as repealing the treaty of March 2, 1868, and as, therefore, depriving the United States of the power of fulfiUing the sol- emn obligations imposed upon them by said treaty. Among ' be provisions of said treaty is one which declares that the United States "now solemnly agree that no persons, except ' hose herein authorized eo to do, and except such of&cers. ����