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rights and human freedom whereby they declare themselves to be a free and independent people, to the support of which declaration they pledged their lives, their liberty and their sacred honor. Then again in the constitution, the fundamental compact, these inalienable rights for which we so long fought, were recognized acknowledged and secured. Hence I say we know what is meant when we speak of the rights of a citizen. We know that by virtue of his allegiance he is entitled to demand of the government protection in all his constitutional and legal rights, which the government as an equivalent for the protection granted, may impose upon the citizen public duties and responsibilities.
     
I again recur to the query, how shall we enumerate the rights and liberties of an American Indian? Not having given any allegiance to the United States he is not in a position to claim and enjoy the rights and privileges of citizens of the United States. Is the court prepared to say that Indian freedom consists in leaving his reservation whenever he chooses and trespass upon the reservations of other Indians? If the Indian is permitted to roam at will let him not come to the court to vindicate his rights, but sustain it 
[[margin]] 350 [[/margin]] by superior force and courage.

That the Constitution only intended that