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faith to the government they must prove it. There is no force in the argument that they were ^[[not]] removed in pursuance of the treaty, because the law absolutely forbids the government to make any further treaties with the Indian tribes.
Section 2079 Revised Statutes

Inasmuch as the government could not remove without consent, and we find them in the Indian Territory under government control and there being no force shown, we must conclude that these Indians voluntarily left their home in Dakota and located in the Indian Territory.

Second: –

Is there power in the government to keep these Indians on their reservation?

Can the government lay its hands on roving bands of Indians and return them to their reservations?

Independent of statute it would seem that the war power of the government would be ample for the purpose. There must be an inherent power in every government to repel the intrusion into our territory of roving bands who are independent of our laws, and who disdain to recognize our authority over them.

The civil power is clearly inadequate, perforce we must resort to the military. Is there any statute authorizing the use of the Army for

[[margin]] 360 [[/margin]]