Courts of "Indian offenses," established by the Department of the Interior for tribes without their own functioning court systems, historically exercised jurisdiction over all Indians without regard to membership, and continue to do so. But the Court responded that federal statutes had always referred to federal programs, and never to the power of tribes with respect to individual Indians. "The historical record prior to the creation of modern tribal courts shows little federal attention to the individual tribes' powers as between themselves or over one another's members.