31 F. 327 In re SAH QUAH. District Court, D. Alaska. May 8,1886.
1. Slaves 1 A custom or rite prevailing among the uncivilized tribes of Indians in Alaska, whereby slaves are bought, sold, and held in servitude, against their free will, and subjected to ill treatment at the pleasure of the owner, is contrary to the thirteenth amendment to the constitution of the United States, and the "Civil Rights Bill" of 1866, and a person so held in slavery will be released by order of the court upon writ of habeas corpus.
2. Indians 2 The treaty of March 30, 1867, by which the territory of Alaska was ceded to the United States, made the uncivil- ized tribes therein subject to such laws and regulations as the United States might adopt in regard to them.
3. Indians 35 The act of congress of March 3, 1873, extending to Alaska two sections of the act of June 30, 1834, known as the "Indian Intercourse Laws," and relating principally to the interdiction of the liquor traffic among the Indians, is to be construed to make said territory "Indian Country" only to the extent of the prohibited commerce, and did not put the Alaska Indians on a general footing with Indians in other parts of the United States.
4. Indians 2 No treaty having ever been made with the Alaska In- dians or tribal independence recognized, they are not to be regarded as within the operation of the custom and policy of the government arising out of the ordinance of 1787, relat- ing to the north-west territory, whereby the Indian tribes of the United States have been treated as free and independent within their respective territories, governed by their tribal laws and customs in all matters pertaining to their internal affairs.
5. Indians 36 The Alaska Indians, while not citizens within the full meaning of the term, are dependent subjects, amenable to [page break] the penal laws of the United States, and subject to the juris- diction of its courts. The act of congress of March 3, 1885, making all Indians amenable to the criminal laws of the United States for the offenses therein designated, is to be re- garded as aiding this construction of the law, and the act of March 3, 1871, prohibiting future recognition of tribal inde- pendence among the Indians, is to be construed in the same connection.
6. Indians 5 The Indian tribes within the territory of the United States are independent political communities, and a child of a member thereof, though born within the limits of the United States, is not a citizen thereof, because not born sub- ject to its jurisdiction. --- Habeas Corpus. W. Clark and P. J. Berry, for petitioner. M. D. Ball, for respondent.
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