Page:Federal Reporter, 1st Series, Volume 8.djvu/910

896 federal bepobteb. �wbat bas been for over a quarter of a century known and recognized by the government of the United Staies, by the surrounding states, and by the public generally as the Indian country. �The moment the government purchased the land, by the same act, Bimultaneous with such purchase, it reserved it for a specifie purpose. That purpose was the same as the one for which the land had been used for 33 years— ever since the Creek treaty of the four- teenth of February, 1833. It was Indian country beyond question while the Creeks and Seminoles ocoupied it. The government ob- tained it for Indian oocupancy. Of course it could not at the same moment make the treaty and transplant other tribes on the land, but we und it commenced to do so as soon thereafter as possible. It bas gone on and treated it as devoted to that purpose, by settling on a large portion of it Indian tribes. It cannot be presumed that for 15 years the government bas had a tract of country within the very heart of the Indian country which it purchased and bas permitted to re- main in such condition as it might become a place of refuge for oriminals and outlaws, who could depredate and prey upon their Indian neighbors and others with immunity from punishment ; espe- cially when the government bas pledged protection and security from intruders to all the tribes in the Indian country. Yet this is so if this is not Indian country, because the laws of the United States would not extend over it, and it would not be within the jurisdiction of any state or territory. It never intended this. It did not, by its treaty of purchase with the Seminoles, do it. By its act of reserva- tion of this country, situated as it was, and being reserved for the purpose it was, it continued still to be Indian country as much as if it had been at that time entirely occupied by Indians. Now, in the estimation of many persons, it may be desirable to open this country to settlement. If so, it must be done by the power that bas a right under the constitution and laws of the country to do it. It must not be asked or expected that, to accomplish this end, the Qourts will break or even bend the timbers of the law; especially when that power in the government which could act has time and again refused to act. The courts do not make the laws. They interpret, oonstrue, and execute them as they find them. �Erom my views of the law as applicable to this case, upon the facts set u]i) by the defendant, he is liable for the penalty under the law, and the demurrer to the answer must be sustained. It is so ordered. ��� �