All books are subject to recall after two weeks Olin/Kroch Library DATE DUE JA GAYLORD PRINTED IN U.S.A. CORNELL UNIVERSITY LIBRARY wun In compliance with current copyright law, Corneli University Library produced this replacement volume on paper that meets the ANSI Standard 239 .48-1984 to replace the irreparably deteriorated original. 1993 OFFICIAL RECORD OF Indian Conference Called to Determine the Status of the Indians of the Six Nations on the Indian Reservations of the State of New York, and Their Relations to the Federal and State Governments Held in the Assembly Hall of the Onondaga Historical Association at Syracuse, N. Y., March 6 and 7, 1919, under the Auspices of the Syracuse Chamber of Commerce, the Indian Wel- fare Society, and the Onondaga Historical Association 1919 S GORMEL | ! AWWERS» Sw ERSirys Y TA ey 3B ao => oO 2a: oO Pont ERRATA On Page 4—The name should be Hon. Arthur C. Parker, State Archeologist. Page 5—Third line should be Onondaga Historical As- sociation. Page 31—Twenty-third line should read “power to in- struct them in the higher ideals, etc.” Page 52—Presiding officer at the luncheon should be Dr. John A. Mathews. THE ONONDAGA HISTORICAL ASSOCIATION 8 PROGRAMME. THURSDAY, MARCH 6TH 10 A. M. Call to Order. Hon. J. T. ROBERTS, Chairman Election of Officers Invocation REv. LOUIS BRUCE St. Regis Indian Mission Reply. HON. WALTER R. STONE ‘Mayor of Syracuse Reply. Hon. Cato SELLS U. S. Indian Commissioner Reply. HON, ALFRED E. SMITH Governor of New York Historical Review....REV. W. M. BEAUCHAMP, D.D., S.T.D. TOPICS “The Legal Status of the New York Indians”..._________ Hon. A. F. JENKS Deputy Attorney General e 2P. M. “Health and een on the Reservation” _ Dr. FREDERICK W. SEARS Sanitary Sumenser State Department of Health “Value of Vital Statistics to Our Problem”... Dr. OTTO EICHEL Director Vital Statistics, State Department of Health “Indian Schools and Their Administration”._A. C. HTLu, “Indian Schools and Their Administration”... A. C. Hitu, Ph.D. Supervisor of Indian Schools, State Department of Education 8 to 10 P. M. Reception by Onondacd Historical Association at their building to Conference. wl: : Pd 4 OFFICIAL RECORD OF INDIAN CONFERENCE FRIDAY, MARCH 7TH 10 A. M “Poor and Indigent Indians’”’..... Dr. RoBERT W. HILL Superintendent State and Alian Poor, State Board of ‘Charities “Law Enforcement in Indian Country”’.....-------——--~ Magsor GEORGE M. CHANDLER Superintendent N. Y. State Troopers “Legislation, What and How?” Hon. ARTHUR C. PARNER State Archaeologist President Society American Indians 2 P.M. Reports, Resolutions and Adoption of Platform. The Library of the Court of Appeals and the Public Library will furnish literature on request. 5,825 Indians on 87,327 acres on Allegany, Cattaraugus, Onondaga, Oneida, Tonawanda, Tuscarora and Shinnecock reservations. Confederation of the Six Nations founded at Onondaga about 1550 A. D. THE ONONDAGA HISTORICAL ASSOCIATION ONONDAGA INDIAN WELFARE SOCIETY Dr. ERL A. BATES, President ONONDAGA INDIAN WELFARE SOCIETY GEORGE G. FRYER, President SYRACUSE CHAMBER OF COMMERCE JOHN A. MATTHEWS, President GENERAL COMMITTEE Hon. JOHN T. ROBERTS, Chairman Mr. ERWIN G. NICHOLS, Secretary Mr. HENRY D. NoTTINGHAM Hon. JOHN R. CLANCY Dr. FREDERICK W. SEARS HON. GEORGE M. HAIGHT Mr. JOSEPH A. GRIFFIN Mr. Ross C. WORKER Dr. W. G. HINSDALE Rev. Dr. W. M. BEAUCHAMP’ Mr. W. D. HorstMAN Mr. Proctor C. WELCH Mr. L. G. ABBOTT Mr. JOSEPH WITTNER Mr. FREDERICK Ik. NORTON X THE ONONDAGA HISTORICAL ASSOCIATION q THE DELEGATES AND MEMBERS OF THE CONFERENCE ‘Hon. Cato Sells, U. S. Indian Commissioner, Washington, D. C. John R. T. Reeves, U. S. Bureau Indian Affairs, Washington, D. C. George H. Ansley, U. S. Bureau Indian Affairs, Salamanca, N. Y. Hon. Malcolm McDowell, U. S. Board Indian Commissioners, Wash- ington, D. C. Rev. Dr. W. M. Ketcham, U. S. Board Indian Commissioners, Wash- ington, D. C. ‘Hon. Alfred E. Smith, Governor of New York, Albany, N. Y. Hon. Harry C. Walker, Lt.-Governor of New York, Albany, N. Y. Hon. A. F. Jenks, Deputy Attorney-General, N. Y State, Albany, N. Y. Hon. Matthias Nicol, Jr., Deputy Commissioner, State Dept of Health, Albany, N. Y. Dr. Otto Hichel, Director Bureau Vital Statistics, State Dept. of Health, Albany, N. Y. Dr. Palmer R. Bowditch, Director Rural Hygiene, State Dept. of Health, Albany, N. Y. _Dr. Frederick W. Sears, State Sanitary Supervisor, State Dept. of Health, Syracuse, N. Y. ‘Dr. A. C. Hill, Director Indian Schools, State Dept. of Education, Albany, N. Y. Arthur C. Parker, State Archaeologist, State Dept. of Education, Albany, N. Y. “Hon. Ceylon H. Lewis, State Board of Charities, Syracuse, N. Y. Dr. Robert W. Hill, Supt. State and Alien Poor, State Board of Charities, Albany N. Y. “Henry D. Nottingham, State Board of Charities, Syracuse, N. Y. Major Geo. M. Chandler, Supt. N. Y. State Troopers, Albany, N. Y. H. M. Phillips, State Dept. of Education; Onondaga, N. Y. ‘V. S. Ellis, State Dept. of Education, Hogansburg, N. Y Miss Elizabeth Finnegan, State Dept. of Health, Albany, N. x Dr. James Sullivan, State Historian, Albany, N. Y. ‘George Thomas, Head Chief Six Nations, Onondaga. “William C. Hoag, President Seneca Nation, Allegany Reservation. Alex Burning, Head Chief Oneidas, Five Chimney Reservation. ‘Uley Pierce, Chief Cayugas, Onondaga Reservation. “Tom Curlyhead, Head Chief St.Regis-Mohawks, St. Regis Reservation. Andrew Gibson, Head Chief Onondagas, Onondaga Reservation. . Jesse Lyon, Clerk Onondaga Nation, Onondaga Reservation. ‘Robert Martin, Chief Senecas, Tonawanda Reservation. “Walter Kennedy, Clerk Seneca Nation, Cattaraugus Reservation. F. L. Pattison, Chief Senecas, Allegany Reservation. Jonas Crouse, Chief Senecas, Tonawanda Reservation. -Jairus Pierce, Chief Onondagas, Onondaga Reservation. 8 OFFICIAL RECORD OF INDIAN CONFERENCE Marshal John, Chief Oneidas, Oneida Reservation. William Rockwell, Chief Oneidas, Oneida Reservation. Albert Schenandoah, Chief Oneidas, Oneida Reservation. Chapman Schenandoah, Chief Oneidas, Onondaga Reservation. James Jemison, Chief Tuscaroras, Tuscarora Reservation. William Johnson, Head Chief Tuscaroras, Tuscarora Reservation. Edgar H. Rickard, Clerk Tuscaroras, Tuscarora Reservation. George Van Every, IJr., Chief Onondagas, Onondaga Reservation. Frank Terrance, Chief St. Regis-Mohawks, St. Regis Reservation. Moses White, Chief St. Regis-Mohawks, St. Regis Reservation. Julius Hearn, Chief St. Regis-Mohawks, St. Regis Reservation. Nicodemus Billy, Chief Tuscaroras, Tonawanda Reservation. Lyman War Eagle, Chief Stockbridge, Oneida, Wisconsin. Isaac Waterman, Chief Stockbridge, Onondaga Reservation. Rev. Louis Bruce, St. Regis-Mohawk, St. Regis Reservation. Moses Logan, Chief Onondagas, Onondaga Reservation. Emmet Lyon, Chief Onondagas, Onondaga Reservation. Rufus Johnson, Chief Shinnicocks, Shinnicock Reservation. Livingston Crouse, Onondagas, Onondaga Reservation. Edward M. Wistar, Society of Friends, Tunnassa Quaker School, Philadelphia, Pa. S. M. Brosius, Indian Rights Assn., Washington, D. C. Hon. John R. Clancy, Chamber of Commerce, Syracuse, N. Y. Hon. Thomas W. Meacham, American Scenic and Historic Preservation Society, New York. ; Dr. George F. Kunz, American Scenic and Historic Preservation. Society, New York. George G. Fryer, Onondaga Historical Assn., Syracuse. Rev. Dr. W. M. Beauchamp, Onondaga Historical Assn., Syracuse. Hon. John T. Roberts, Indian Welfare Society, Syrause. Erwin G. Nichols, Indian Welfare Society, Syracuse. Dr. Erl. A. Bates, Indian Welfare Society, Syracuse. George N. Cheney, Librarian Court of Appeals, Syracuse. Dr. P. M. Paine, Librarian Public Library, Syracuse. Dr. John A. Matthews, Chamber of Commerce, Syracuse, Miss Hatch, R. N., Director Visiting Nurse Assn., Syracuse. Dr. W. G. Hinsdale, Indian Welfare Society, Syracuse. Mrs. L. L. Goodrich, Onondaga Historical “Assn., Syracuse. Miss Irene E. Bocker, Official Stenographer, Syracuse. THE ONONDAGA HISTORICAL ASSOCIATION = 9 PROCEEDINGS The official Conference for the Consideration of the Rela- tions of the New York Indians and the State and Federal Governments, CALL TO ORDER. HON. JOHN T. ROBERTS. “Rev. Louis Bruce, 2 Mohawk Indian and pastor of the St. Regis Mission will now deliver the invocation.” By Hon, JoHN T. ROBERTS “T have been commissioned to call into session you, who sit around this table, in a conference for the consideration of the relations between the New York Indians and our State and Federal Governments. The wording of this title would indicate to you that I have pretty closely reached the purpose of the scope of the deliveries. “This is no peace conference. There has been no war. That was taken care of long ago. We have lived for nearly two hundred years in the neighborhood with our original Americans without any fighting and we do not expect any break now, but we hold that our Indian neighbors are not receiving the full measure of benefit that they are entitled to. The benefits of solution have been too limited.. There has been a misunderstanding as to our relationship. We have sometimes been uncertain as to what claim of citizen- ship we should assume in coming together, whether citizen- ship of the State of New York or the Federal Government. One of the ‘purposes ‘of this conference is. 6 decide that uncertainty. “We do not propose : in this ei tene to aa very much in the shady past, except as it is necessary in the solution of the main question to get at the bottom of things. Itisa question of the presnet and the future we are to consider today. In looking about and seeking to benefit our reserva- » tion people we have kept our ears open. We have developed a large listening capacity. We have turned tale-bearer and we are now messengers to consider things that have been talked about in the State in years past. ~ 10 OFFICIAL RECORD OF INDIAN CONFERENCE “Associated with us as an Indian Welfare Society are the Syracuse Chamber of Commerce, a very active and generous body in our City Government and society, whose guest we are to be at the lunch hour,—and the Onondaga Historical Association, under whose house-roof we are assembled ; a society which bears the honored name of “Onondaga.” “Tt is my pleasure now to select from your number a pre- siding member.” Accordingly it was moved that Dr. Erl A. Bates be se- lected permanent chairman of this meeting. Which motion was duly seconded and unanimously carried. Dr. ERL A. BATES, President of the Onondaga Indian Wel- fare Society :-— “T do not believe that the honor of being a presiding officer of this character should come to a person outside of the con- ference, but it seems to be the opinion of the various mem- bers of the conference here interested. Inasmuch as the presiding officer is not supposed to do very much, I appre- ciate the honor and feel that the honor, however, belongs to my friends here in Syracuse,—the Indian Welfare Society, Onondaga Historical Association and Chamber of Commerce. “We have gathered together here for a talk principally to secure justice for the Indians, opportunity for his chil- dren, and especially want to, if we possibly can, settle the means of dispute in the situation relative to the New York State Indians. “As you know, the Twenty-seventh Division is about to land in New York City, or at least a portion of it, including a number of our local boys; the Mayor, although he had been planning to come here for at least a week back, felt that his first duty was to the boys from ‘over there,’ and so he has asked Stewart Hancock to come here and speak in his placce. It is my pleasure to introduce to you, the Corporation Coun- sel of the city, Mr. Hancock.” STEWART HANCOCK :— “Mr. Chairman, Delegates and Friends: I am sure that Mayor Stone regrets his inability to be here at this time. Few do not know, but I know from observation, that some mayors have a habit of always being absent on an occasion THE ONONDAGA HISTORICAL ASSOCIATION Ml similar to this, but our present Mayor, I think, has cheer- fully done all he can to maintain the reputation of the City of Syracuse for hospitality and, I believe, he has never failed to be present when we have invited guests and dele- gates in our city when it was possible for him to get there. The Mayor has very great respect for the Chairman of this gathering and I am sure it would have given him pleasure to have been here, and personally I am sorry that he is not. “While the Mayor is in New York for the purpose of wel- coming the ‘Mauretania’ and those boys who went from Syracuse across the water and who fought in our name for this country, I, as his representative, am here to wish you a very sincere and hearty welcome. “T think that as now the United States is undertaking to carry throughout the world liberty, justice and democracy, it is about time we practiced similar dealing with our own neighbors and citizens right here in our mdst. We cannot very well undertake to establsh over the whole civilized world justice and fair play and not do the same thing to- wards the Indians, the original owners of this continent, and who, if any persons, are entitled to the pleasure of our civilization and our form of Government. “I understand from your Chairman and the gentlemen present that it is the intention of this conference to let the past bury the past and deal with the present and the spirit of humanity that seems to be actuating the whole world. “It goes without saying that the people of Syracuse esteem it a great honor and privilege that this conference should be held here. All that the administration of the City Government can do we are willing to do. All in this city once belonged to the Indians. ‘give you this City for the two days you are here and only.wish I could do more. If there is anything we can do for you we will be very glad to do it, and in the meantime, the liberties and privileges of this City are yours and we will be very glad to co-operate with you, and we hope if it is necessary to have a further conference (if you cannot settle everything at this confer- ence) that you will choose Syracuse for your session.” JOHN R. T. REEVES, Representing U. 8. Bureau of Indian Affairs :— “In behalf of the Indians, I ‘speak for the United States 12 OFFICIAL RECORD OF INDIAN CONFERENCE Indian Commissioner, Mr. Cato Sells, that it is a matter of personal regret to him that he is unable to be here this morning. He is deeply interested in the Indian question. Largely it is a question west of the Mississippi Rver. The problem you have in this State is very interesting and it is also complicated and for that reason it is doubly interesting. It is different from any of the average Indian problems with which this office is confronted. Ninety-nine per cent of the Indian business lies with the large tribes in the West. It involves many millions of dollars and the receipts connected are very great. “T am sure if the Commissioner could have seen his way clear to come he would be present. In his behalf I speak his regrets of not being able to attend and assure you of his deep regret at not being present at this conference, hav- ing for its purpose some effective working out of the situa- tion that has existed in your State for about a hundred years and which should have been straightened out fifty or seventy-five years ago; and I earnestly hope that this meet- ing will result in some effective solution that will be essen- tial to the State and also to the Indians in the State of New York. “I appreciate the invitation of the City of Syracuse through Mr. Hancock, which I accept, and I desire to say that I am cheerfully anxious to do anything in my power to. further the motives for which we are gathered here together this morning.” Dr. Erut A. BATES, the Chairman :— “The welcome side has been expressed by Mr. Huncack: and I hope you will all feel, that you have friends here and make yourself at home. It has been felt by the committee in charge of the programme that we are very fortunate to. have the foremost authority on the history of the Iroquois here this morning, and I have the pleasure to introduce Rev.. Dr. W. M.-Beauchamp.” Rev. Dr. W. M. BEAUCHAWP :— “The first settlers in New York were not the Iroquois. When they came they drove out.or destroyed those who pre- ceded them as far as they could. Their title was that of conquest, largely within the historic period, for ‘the League THE ONONDAGA HISTORICAL ASSOCIATION 13 came late in the Sixteenth Century. The first simple treaty with the United States after the Revolution seems based on this. They had risked all on war. They were vanquished and at the mercy of the victors. They could still fight on, but saw but one result, and did the best they could. That they were not pleased was natural. “The speech of Cornplanter to Washington in 1790 shows the Indian feeling of that day :— “When your army entered the country of the Six Nations we called you the Town Destroyer, and, to this day, when that name is heard, our women look behind them and turn pale, and our children cling close to the necks of their mothers. Our counsellors and warriors are men and cannot fear, but their hearts are grieved on account of our women and children. ‘When you gave us peace we called you Father, be- cause you then promised to secure us the possession of our lands. Do this, and so long as the land shall remain, that beloved name shall live in the heart of every Seneca.’ “The President is still called the Destroyer of Towns. “Great Britain left the Indians to shift for themselves, and their lot seemed hard. Cornplanter continued :— ‘When our chiefs returned from the treaty at Fort Stanwix and laid before our council what had been done there, our nation was surprised to hear what a great country you had compelled them to give up to you. We asked each other, “What have we done to deserve such severe chastisement?” It was sur- rendered as the price of that peace, and we ought now to have peace and the little land you have left us.’ “The Iroquois were a warlike people and proud of their deeds. In a treaty for some of their Virginia lands in 1744, Tokanontie, the Black Prince of the Onondagas, said, ‘We have the right of conquest, a right too dearly purchased and which cost us too much blood to give up without any reason at all.” Four Indian Nations, he said, had recently felt the effects of their conquests and their lands were at their dis- posal. These, and these only, were the lands taken ‘from them by the United. States. 14 OFFICIAL RECORD OF INDIAN CONFERENCE “I have never known anyone to ask what was that little land left to the Knosioni. It was all the land between the old line of property at Fort Stanwix on the east and Buffalo on the west; far exceeding their possession in early days. East of Buffalo their lands were still theirs until sold. “Cornplanter went on to justify the law of force, although disliking its recent application. “ ‘Many nations,’ he said, ‘inhabited this country, but they had no wisdom, and, therefore, they warred together. The Six Nations were powerful, and compelled them to dwell in peace. The lands for a great extent were given up to the Six Nations, but the people who dwelt upon them were not destroyed. They were permitted to continue on these lands.’ “This is the first mention of a League of Nations to en- force peace, but it seems of a German kind. “Grievances were mentioned, and they always had been great. His conclusion is very fine:— ‘Father, these are very great things to us. We have felt your power and know that you are very strong. We have heard that you were wise and we now wait your answer to what we have said, that we may see if you are just.’ “It was well said. That is a reputation worth having, at home or abroad, and generally our dealings with the Kono- sioni have been wise, and often more than just—they have been generous. To promote Indian welfare we are here today. “In colonial days the Iroquois dealt with two or three great nations,—France, on the one side; Gteat Britain on the other side, as successor to the Netherlands. The French took what land they wanted, without hesitation. The Eng- Isi h ndatDouhcbug lish and Dutch bought lands at what now seems a nominal price. Who made thelands valuable? “The later conquests of the Konosioni brought out new features. At first their possessions had been in New York. Then they conquered old enemies in Pennsylvania and else- where, held their lands, placed other tribes wherever they chose and removed them at pleasure, made treaties with Pannsylvania as well as New York, and sold lands Here, regardless of early occupants or their wishees. THE ONONDAGA HISTORICAL ASSOCIATION 15 “After the French war ended, the Senecas joined Pontiac in his great plot. They were defeated, had fair terms, but gave up freely important lands along the Niagara River. They had gained these in war. They lost them in the same way. “Discontentment, however, increased, and in 1768 there came the famous treaty of Fort Stanwix, where the ‘line of property’ was established,—a definite boundary between the colonists and the Indians. As this line passed through New York and Pennsylvania and along the Ohio in Virginia, sev- eral colonial governors and agents attended, but the head chiefs of each of the Six Nations were the only Indian sign- ers. Everywhere they owned the land. “This was the situation at the close of the Revolution. Except a part of the Oneidas and Tuscaroras, the Iroquois had taken sides with Great Britain, been driven from their homes, and were grouped, for the most part, in the vicinity of the Niagara River. Some Onondagas had returned, but their council-house was at Buffalo Creek. In this way they were at a disadvantage. “Who represent the Iroquois Nation at a treaty? In the Grand Council of the Five Nations the Onondagas have fourteen principal chiefs, with one vote; while eight prin- cipal chiefs of the more numerous Senecas have the same. These are hereditary, taken from special clans being un- equally distributed, some clans having none of these chiefs. “The head woman of the clans usually nominates, so that part is practically an oligarchy. Wisely, however, a son never succeeds his father as a principal chief, being of a dif- ferent clan. The other chiefs install the nominees at the condolence, the Elder or Younger Brothers acting for the mourning nations. These chiefs may be deposed on peti- tion of the women. “There are alyso Pine Tree Chiefs who cannot be deposed. Their office comes from goodness or wisdom. Their roots are in heaven. Beside these are many war chiefs, and in 1839 the Senecas alone had ninety-two of all classes. To distinguish them the principal chiefs are often called “sachems,” an Algonquin name which no Iroquois could pronounce. “The warriors, as defenders of the land, have something to say, and another feature of land treaties is the presence 16 OFFICIAL RECORD OF INDIAN CONFERENCE and assent, expressed or implied, of two governesses for the women of each nation. As cultivators of the land their ownership of the land ranks highest of all. : “While partially aristocratic, the Indian treaty-makinz powers seem reasonably democratic. (I am sometimes sur- prised when a test is applied.) __“Tn_a_ speech in the United States Senate in. 1840, Mr,. Sevier Spoke of thre ee e Federe al treaties: that of 1784, _ treat- oary; that of 1789, about the same, and that of 1784, in Which each of the Six Nations was separately guaranteed right, title, possession and enjoyment of their reservations ; right to dispose of them wholy or in part to any citizen or citizens of the United States, the Indians agreeing never to claim lands elsewhere. In 1797, 1802 and 1823, permis- sion was given to transfer Seneca lands, not by treaty, but by ordinary deeds. The treaty of ’38, on which he was speaking, was directed by a United States Commissioner, and attended by a New York Indian agent. It was not faultless. The treaty of 1794 related mainly to the Oneidas, Onondagas and Cayugas, the Senecas having special feat- ures. The Mohawks had gone to Canada, and the Tusca- roras never had the same standing as the others. The Konosioni were the original house, as the name implies— the Tuscaroras an addition like the wood-house. “It was then said of the reservations, ‘The United States will never claim the same, nor disturb them or either of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof, but the said reservations shall remain theirs until they choose to sell the same to the people of the United States, __who have the power to purchase.’ ~~ “This means is Federal control, and in an opinion on State control of the Onondagas, 1914, it is said, ‘The fact remains, however, that Congress has always asserted and exercised the right to legislate in all Indian affairs, and its power to do so has been upheld by the Supreme Court.’ “TI think this is clear, but there has been a practical con- cession of power to the State, in accordance with early practice, as being wisest, easiest and best for all. “Thus the New York Land Commissioners hear and de- termine questions of money or Ingen land. Prior to 1892 ‘THE ONONDAGA HISTORICAL ASSOCIATION 17 the Governox’s consent was necessary for some acts of the Commissioners, but now they have fuller jurisdiction. They may receive trust fnuds for any nation, tribe or band of Indians here. = “Tn an opinion in 1914, it was said that ‘the United States has never enacted by its Congress any statute, or given out | any decision by its courts, in opposition to the right of the | State of New York to exercise its sovreignty over Indian ‘lands.’ S “In 1915 this was more fully stated. ‘Over thirty treaties have been made by the State with the Six Nations without the supervision or control of the general government. Our courts have assumed criminal jurisdiction over them. Our Legislature has asserted its right so to do. And this juris- diction has been mentioned by the Supreme Court of the United States without disapproval. Act after act has been passed regulating the affairs of the Onondagas.’ ee “There is practical harmony here. The general govern- ‘ment is perfectly willing the State should do the work, as Tong as we can do it better than it can be done at Washing- ‘ton. Just think of Congress bothering with the little Onon- daga Reservation when it has the affairs of ‘the greatest ‘nation in all creation’ on its hands, not to say those of the world. “Now comes the legal position of the Iroquois themselves. State control was thus legally defined in 1902: ‘The sov- ereignty of the State attaches to and governs every foot of the soil comprised within the reservations. When the In- dians assert any particular rights or privileges, they must -find authority for them in the legislation and laws of the State, and not by reason of their peculir customs and tribal existence from immemorial times. Such sovereignty as they formerly possessed,’ it may be safely asserted, has at this time been merged and lost in the greater sovereignty of -the State under which they live.’ . “An opinion of 1914 is not so positive: ‘They are the- wards of the State—not of the United States—subject to such supervision and authority on the part of the State, as the public policy of the State anl the Onondagas demand. Its position is something less than that of an independent -nation. It is dependent on the State, as it always has been, 18 OFFICIAL RECORD OF INDIAN CONFERENCE and as a dependent and subject nation is subject to cer- tain powers of supervision and control.’ “There is a fuller definition of subject nations, in a de- cision on the civilized Cherokees in 1899: ‘They were and always have been regarded as having a semi-independent position, when they preserved their tribal relations; not as states, not as nations, not as possessed of the full attributes of sovereignty, but as a separate people, with the power of regulating their internal and social relations, and, there- fore, not brought under the laws of the Union or of the State within whose limits they reside.’ “This is the usual view of the Onondagas here. I briefly state what is voluntarily done for them. “There is an Indian agent here appointed by the State, with a small salary, who has charge of cash annuities and regulates timber-cutting and leases. Stone-quarries may be leased with his written approval, and he sees to the contract and is a general adviser. “Our supervisors annually employ a physician who is paid by the county, the account being charged to the State, who is now doing a larger work. “There are laws for the helpless poor and for the insane, on the selling of liquors, and ample provision for education. Intrusion is guarded against, and residence of white men requires a license. Highways may be laid out, subject to reasonable rules. Mutual advantage is kept in view, but Indian welfare is our higher aim. Tribal lands are not taxed and cannot be sold or alloted except ‘by the act of its Indian government,’ nor can they be encumbered or alian- ated, when partitioned, under twenty years. “In the Thacher case, when the question arose of bringing a civil case into a white man’s court, it was ruled that, ‘To hold that an Indian is to be denied full and free access to our courts for the protection of his rights and the redress of his wrongs would be a monstrous denial of justice, par- ticularly where the State has provided no special tribunal of its own for the settlement of such matter.’ Yet no white man can sue an Onondaga for breach of contract. “Marriage and divorce are still regulated by Onondaga custom. “On all reservations unoccupied land may be alloted to seekers by the chiefs, and undisturbed possession follows, THE ONONDAGA HISTORICAL ASSOCIATION 19 with power of transfer to other Indians. A verbal bargain suffices. Of course this is not a sale of the land absolutely, for the undivided title remains in the nation. “I omit the question of peace-makers and other things affecting the Senecas. “The committee on the Indian problem reporting in 1889 to the New York State Assembly, adviesed four things :— 1. That a compulsory attendance school law should be enacted. 2. That the claims on Seneca and Tuscarora lands should be extinguished by the State. 4. That reservation lands should be alloted to members of the tribe and the tribal system abolished. 4, That all laws excepting those on the sale of liquor and intrusion on their lands be repealed and they be made citizens. “T happen to know that the last two propositions are not unanimously favored by the more intelligent Indians, but they have the choice. “The question of Indian military duty has now arisen, and steps were taken leading to a draft. I think this was a great mistake. In one hundred and thirty-five years since the first national treaty of peace, neither the State, nor the United States, has ever claimed this power. As being free to choose, the Indians were advised to take no part in the war of 1812. At Buffalo they straightway held a council, chose leaders and declared war against Canada. They loved their former foes. The Town Destroyer had proved their Father and Friend. The Onondagas here did the same. They might be few ,they said, but all were willing, and all made a good record as they did later in the Civil War. They were never enrolled in the militia of the State of New York. “Did this power actually exist its use would be of doubtful value. The Indians were ready volunteers, brave soldiers, have State and National pride, though not citizens, and will do their share freely in any time of urgent need. Let good enough alone. “One thing may be mentioned. The Onondaga lands were reserved by them, not for them. The Indians fought for and never sold them. The Tuscaroras, however, had their reservation given them. The Cattaraugus Indians ex- changed other lands for their reservation. Great Britain 20 OFFICIAL RECORD OF INDIAN CONFERENCE gave the Bay of Quinte and Grand River reservations to the Mohawks, signed and sealed. The Wisconsin Oneidas left their old homes and lands were deeded them in the West. The Onondagas hold their lands neither by gift or purchase. They are their own and never have been ours. “These brief notes lead up to what will not be discussed. They concern rights and powers derived from conquest, treaty or purchase as between two parties. Parties of the first part are the Federal Government, supreme in dealing with nations, and then this State. to which such power has been practically and wisely conceded, as best adapted to this special case. On the other side is the Iroquois treaty power, and whether it fully represents the people. : “Another question is the evident right to undisturbed possession of land until voluntarily sold or alloted. This must be by general consent of the owners. No one denies this, and our Indians are absolutely safe. Ownership, how- ever is a real difficulty not always understood. Not the Indian residents by the Onondagas own the reservation. In an allotment or sale, should they desire it, every Onon- daga would have his equitable share. Other residents might get something for improvements, but nothing more. If an Onondaga has Cayuga or Oneida children they would get nothing. So, for his children’s sake, he may oppose an allotment. At present they have no cause for complaint. “T think we have larger powers in some ways than we have ever claimed. These take in health, education, moral- ity, division of personal property, etc. “Tf the Indians are, in any true sense, our wards, we must sometimes act for them in their true interests, to the best of our judgment and ability—so that in future days they may act independently, intelligently and wirely for themselves —no longer as children, but as men. How long they will continue children depends on themselves.” A. C. Hill, Ph.D., State Director of Indian Schools, made the statement that in order to prepare resolutions and a platform it would be necessary to appoint two committees, one on resolutions and one on platform. This motion was duly seconded and unanimously carried. A motion was made to appoint a Committee on Member- ship of the Conference called to consider the relations of THE ONONDAGA HISTORICAL ASSOCIATION 21 the Indians in the State of New York to the State and Fed- eral Governments. This motion was duly seconded and unanimously carried—and the chairman, Dr. Erl A. Bates, appointed Dr. Robert W. Hill and A. C. Hill to serve on this committee. Dr. RoBERT W. HILL of State Board of Charities :— “Your Committee on Membership of the Conference called to consider the relations of the Indians in the State of New York to the State and Federal Governments respect- fully recommends that the following persons shall be en- titled to membership with the privilege of the floor and the right to vote upon matters formulated for determina- tion :— 1. The official delegates representing the several State Departments. 2. The United States Indian Commissioner and his representatives. 3. The United States Board of Indian Commissioners. 4, The Onondaga Indian Welfare Society repre- sentatives. 5. epresentatives of the Indian Rights Associations. 6. Two Indian Chiefs from each of the Inidan Nations of New York. 7. ‘Representatives of the Onondaga Historical Asso- ciation. | 8. Representatives of the State Scenic and Historical Society who are keepers of the records of this conference. 9. Missionaries from the Reservations tat may be present. 10. Local officials -who have special relations to the .. Indians of New York. “ 11. Representatives of the Chamber of Commerce. “Tt is recommended that the discussions from the list of members here be limited to avoid taking considerable time. The principal speaker opening the discussion will be allowed thirty minutes and all other speakers not to exceed five minutes.” Each of the above mentioned delegates are to have one vote. The Indian chiefs, two being allowed for each nation, who are here represented will be given a total of twelve 22 OFFICIAL RECORD OF INDIAN CONFERENCE votes, which I think is only fair, as they are vitally inter- ested in the doings of this Conference. ; The above report was duly seconded and unani- mously carried. “THE LEGAL STATUS OF THE NEW YORK INDIANS” Hon. A. F. JENKS. Deputy Attorney General, State of New York. “I am charged with the duty, and it is an important duty, at this conference of trying to impress upon the people here what the legal status of the Indian tribes of this State is. “It would do no good if I was to talk here two or three hours and then succeed in convincing most of those peo- ple if you went away and forgot all about it afterwards. If I go back to Albany feeling that I have made some impres- sion on the people here assembled in an effort to reach cor- rect results based on the foundation of the law as it is and not as some people would like to have it, I would feel that I have accomplished a public service in connection with this Conference. “T hold in my hand a print copy, which the Attorney Gen- eral paid me the honor to print and furnish to the public, of the opinion which I wrote in 1915 under very peculiar circumstances, which I ' will briefly state. “Two Indians on the Cattaraugus Reservation had been fishing with nets in Cattaraugus Creek within the bound- aries of their own reservation; Wilford Kennedy and Nel- son Hare, Seneca Indians. Leon Paxon and Albert Stadel- meir, State game protectors from Buffalo, wandered out there and found these Indians fishing on their own land, in their own stream and in their own way,—but they were violating the Forest, Fish and Game Law of the State of New York. These Indians were arrested by these game pro- tectors and taken to Buffalo on the Charge of violating the Forest, Fish and Game Law. Whether these Indians had a right to regulate the fishing operations on their own reser- vation in their own way, or whether they should abide by the state law regulating that subject, was to be decided. “While these Indians were in custody in Buffalo ar- ‘raigned before the judge on this charge, they proceeded to ‘THE ONONDAGA HISTORICAL ASSOCIATION 23 retain counsel in the City of Rochester, with Mr. George P. Decker, who came to Buffalo and procured the United States District Attorney to make out a writ of habeus corpus for the release of these two Indians. “Word was wired to the Attorney General and I was di- rected to go to Rochester on behalf of the State. If the New York State law extended over the Indians on their reservations, then the State had jurisdiction and controlled them the same as every other individual in the State. The question arose sharply whether the State law covered that territory. Does the State law reach the Indian on his res- ervation? I am here to tell you that it don’t. “T went to Rochester, intendiny to direct the District Judge that he should hold these Indians and dismiss that writ, because I didn’t know any better,—but I was honest enough to try and find out, and I asked the District Judge if he would give me time to go back and look the matter up. He said to me, ‘You can take all the time you want. These Indians are in the custody of the attorney and not in prison.’ “When I arrived in Albany I said to the Attorney General that I questioned whether we ought to proceed along that line. I said that I was convinced the Indians were not un- der the jurisdiction of the State. He told me to follow my own judgment. I proceeded to write this opinion, and in- stead of making a brief to commit these Indians back to their reservation, I sent this announcement, stating that in my judgment they should be discharged, as I represented the people of the State of New York and the Attorney Gen- eral. In reply I rseceived a letter which said, in substance, “I have read your opinion, which commands my absolute concurrence, and I have passed my decision on it and it will be filled’—and th eprisoners were discharged. These were the circumstances which led up to the opinion. “The Indian tribes in the State of New York are not for- eign nations in the sense other foreign nations are, and yet they are foreign to our domestic policy. They live among us but they are not of us. They are not foreign nations in the sense that they could bring action in court against the State. They tried this in the State of Georgia, but were defeated. “I want to read to you two or three notes in regard to the 24 OFFICIAL RECORD OF INDIAN CONFERENCE Cherokee Nation against the State of Georgia, written by John Marshall,— ; “The condition of fthe Indian in relation to the United States is perhaps unlike that of any other people in exist- ence. Though the Indians are acknowledged to have an un- questionable, and heretofore unquestioned, right to the lands they occupy until that right is restrained by the Govern- ment, yet it may well be doubted whether these tribes who reside within the boundaries of the United States should. be designated Foreign Nations. They may more correctly perhaps be denominated Domestic Dependent Nations. They occupy a territory to which we assert a title independ- ent of their will which must take effect when their right of possession ceases. Meanwhile, they are in a state of pupil- age. Their relation to the United States resembles that of a ward to its guardia. They look to the Government for protection, rely upon its kindness and power, appeal to it for relief from their wants, and address it as their “Great Father’’.’ “In regard to the Cherokee Nation against the State of Georgia, he states: "The Cherokee Nation is a distinct community occupying its own territory with Boundaries correctly described, in which the laws of Georgia can have no force. The whole intercourse between the United States and this nation is by the laws vested in the Constitution of the United States.’ “After the Revolutionary War was over and the United States had won its independence, they started to negotiate. with the Indians, and that run along until 1871. ‘In the meantime the tribees had become scattered on account of the American civilization. A mere simplicity of the Indian. mind as it was in its original condition made it exceedingly Eacy for the ndians to pick at the xices of the white man without possessing those qualities which enabled the white man to resist all these and arise above them. They died off from disease and exposure until they became devastated. In 1871 the Government said they had become so reduced and inferior they would govern them by laws, treating them as’ pupils and wards. The Government, therefore, said we will make a treaty with them that ‘Any nation or tribe within. the territory of the United States shall be acknowledged as: a dependent nation with whom the United States may con- THE ONONDAGA HISTORICAL ASSOCIATION 25 tract by treaty.’ Up to that time there was no government of the Indians. They were self-governing, but they made a mess of it—sometimes. Sometimes the grossest crimes were committed on these reservations. The United States Govrnment said, ‘We cannot let things go this way, what shall we do?’ They decided that a number of major crimes ought not to be tolerated, so they passed a statute that the jurisdiction of the United States district courts (up to that time there had been no jurisdiction for an Indian tribe) is extended to the prosecution of certain crimes on these res- ervations. “In the learned opinion of Mr. Miller, observed in the statute, he says: ‘It seems to me that this is within the com- petency of Congress. Those Indian tribes are the wards of the nation. They are communities dependent upon the United States,—dependent largely for their daily food, de- pendent for their political rights,’ This is true. I am here to state it is our business to see that the Indians’ rights are preserved. “The Indian owes no allegiance to the States. The citi- zen owes allegiance to his country and to the flag, but the’ Indian does not owe allegiance to us. From their weakness and helplessness, so largely due to the action of the Federal Government and the treaties in which there has been made promises, there arises the duty of protection and with it the power of protection. This power resides in the United States Government. This has always been recognized by Congress, the United States courts, and wherever the ques- tion has arisen. “In concluding his opinion, Mr. Miller says: ‘The power of the Government over these races, now weak and dimin- ished, is necessary to their protection and to their safety with whom they dwell.’ It must exist in that Government because it has never existed anywhere else. “Judge Werner discharged an Indian who had committed an assault in the first degree from custody because he said the State had nothing to say in jurisdiction matters. And in speaking of the difference between the tribes in the West and in the State of New York he says, ‘We find no such distinction in the statute and we can think of none that largely differs one from the other’.” &6 OFFICIAL RECORD OF INDIAN CONFERENCE Question:— “Ts there a difference between the affairs of a tribe as a tribe or an individual as an individual?” JUDGE JENKS :— “The individual is governed by the tribe in which he lives. The United States Government has always held exclusive jurisdiction over them, to govern them with respect to pun- ishment of murder. The United States can go in, arrest the man, try him, and if he is found guilty punish him.” Question:— “We are especially interested in the health of the Indian. There is a statute in the Public Health Law which permits the Commissioner of Health during an epidemic, to take certain action. Am I to under- stand that this law has no standing in the United States?” JUDGE JENKS :— “It is my purpose to bring this sore to the surface. At the present moment, while the United States Government has not taken any action, I am here to ask you to see that it does for the protection of the people and the Indians of the State of New York. That condition of things ought not to be allowed, but we must follow the law as it is laid down to us by the United States. They should pass a law per- mitting the Government to go on their property to look after them during an epidemic. ; “I want to call your attention to an incident that hap- pened which I know of, because I was in the case. “Some Indians were spearing fish off from their reserva- tion. They were fishing on another territory in the State of New York. They were arrested and it was sought to get them out on a writ of habeus corpus. By a treaty that was made with them, on the land on which these Indians were fishing, they reserved hunting and fishing privileges. This being the case, the State authorities had no jurisdic- tion over them. Those Indians did have a right to hunt and fish in those waters the same as any other citizen would have. The treaty said they could continue to hunt and fish on those waters, and they, therefore, claim the right to hunt THE ONONDAGA HISTORICAL ASSOCIATION 27 and fish on this stream at their own will at any time of the year. The Supreme Court held that they were available to the police law of the State of New York when they were fishing outside of the reservation.” Mr. GEO. N. CHENEY, Librarian of the Court of Appeals :— “The decision of Judge Miller would indicate that the Federal Government had authority to enact legislation on all of these kind of matters. Was there ever any time when the State of New York had any police power of that kind, even before the establishment of the United States Government over the Indians on their own lands? If the State of New York never had power to pass jurisdic- tion over the Indian on the Indian lands so as to punish them for the crime of murder, I cannot see how they can have it now. Before the United States Government was in existence, if the State of New York didn’t have that author- ity, when and where and by what instrument was that right ever surrendered to the State of New York?” JUDGE JENKS :-— “At the beginning of the United States Government. That right was conferred on them when the Constitution was adopted.” Mr. CHENEY :— : “I want to know where, in your mind, this was founded. Of course, you say, yourself, the situation is very unsatis- factory and that you are laying bare a sore. J-have never examined these questions very carefully, but I was wonder- ing whether these learned decisions that you have read ever traced the authority or an original state like the State of New York, and which certainly must have had some juris- diction to suppress murder..: By the fact that the United States Congress is given authority to regulate commerce with foreign nations, between States and with the Indian tribes, that it has jurisdiction to a police regulation. That may be within those learned decisions, but I have never examined them.” JUDGE JENKS :— “Judge Miller was careful in his decision. I am simply 28 OFFICIAL RECORD OF INDIAN CONFERENCE calling your attention to the fact that the states did sur- render the power between them and the Indians. Is it true or not, that the States having Indian tribes living within their midst at the time when the original States entered the Union, did, prior to the union, assume to exercise jurisdic- tion over the tribal Indians living and acting within the limits of the reservation ?” Mr. CEYLON H. LEwIs, State Board of Charities :— “I would like to get the exact holding of the Attorney General’s office on this question. It is of vital importance to us here in the City of Syracuse, within ten miles of the Onondaga Reservation. It has been assumed by the County and we have assumed the control as far as they have agreed o nthat reservation as in regards to the Indian contracts, but in regard to their contractile relations we have obeyed the law. “When I was district attorney of this County, I remember that these matters came frequently before me. I assumed at that time to enforce the law of the State of New York. For instance, here is a statute in the State of New York that forbids the Indian to sell timber, and here is a statute that forbids the Indian to lease his property to the whites, in each case without the consent of the Government. Now, I assumed to enforce that: They came to me saying that they had been leasing without the consent of the white man, and I indicted the white men and the Indians. There are Indians here today that were indicted by the Grand Jury at that time for selling timber without the consent of the Commission. Now it would seem to me, from the holding of the Attorney General’s office that those statutes as passed by the State of New York in regard to the sale of their tim- ber, etc., would be an unconstitutional statute. If high crimes were committed on the reservation we punished those crimes. We indicted and we punished. _ Now, supposing there are two parties on this certain res- ervation. Suppose there is a riot and one of those parties is exterminating the other. Then, have we the right to punish? Are they so far outside the jurisdiction as a sep- arate nation that we are compelled to allow them to kill each other? It seems to me that under the common law, outside of the statute (which is far more reaching than any THE ONONDAGA HISTORICAL ASSOCIATION 29 statute that can be made), we have a right to suppress and ~enisn when high crimes of that kind are committed. Of course, if the Attorney General’s office takes the decision that the County of Onondaga cannot go out to the Onon- daga reservation and get a murderer, suppress a robbery, etc., those people then have no justice or protection.” JUDGE JENKS :— “Tt is not what I say or what the Attorney General says. This opinion was probably in the Attorney General’s office and adopted by the court as a law in that case and the judge was responsible for the decision. 1 am speaking simply as a member of this Conference on my own responsibility to point out what the United States Supreme Court has held. I am speaking now about the administration of the law, whether jurisdiction is conferred by statute or whether it has been asserted by the United States Government. In the Minnesota case it was decided it would never do to have both the United States and the State legislation on the same ‘subject. By the act of Congress in ’85 it would seem to me that the United States has given the decision that no State of the Federal Government has a right to interfere with the Indians on their reservations.” Dr. ERL A. BATES :— “The matter of leases made by the New York State agents is a matter of very serious moment. What is their value, in your opinion?” JUDGE JENKS :— “They are not worth the paper r they are written on.” Dr. A. C. HILL, State Director Indian Schools :—. “Supposing the State of New York should pass certain laws in regard to the Indians on their reservations, would there be any case to cite that as illegal? “Why not say we will remedy all this by going to Con- gress and asking Congress to give New York State power to pass certain laws like health laws, school laws, etc.? “We have been proceeding along the wrong road. Iam not to blame for holding the opinion I do in regard to this matter ; I earnestly believe I am right. - 30 OFFICIAL RECORD OF INDIAN CONFERENCE “When the Kincaid bill was before the Senate they sent for me, knowing that I had something to do with this mat- ter,—and the Kincaid bill was cut down and the Govern- ment got hold of this opinion on the ground that it was an impossible thing to do. The failure to pass that Kincaid bill two years ago has been a great detriment to the chil- dren on these reservations and this is what hurts my feel- ings. If we put it off two years more we will have another generation of children going to the devil. There is no law on the reservation by which we can look after morality or school attendance or even health. But, as Judge Jenks says, nothing can be done by sitting in a chair and talking about it. It seems that something springs up somewhere every time we attempt to do anything with the Indians.” “HEALTH AND SANITATION ON THE RESERVATIONS.” Dr. FREDERICK W. SEARS. Sanitary Supervisor, State Department of Health. “¥ do not think that the Government or the State has taken any recognition of the obligation which they owe to the Indians in the protection of health until our present administration came into existence. “Since the discovery of America, the relations of the Indians to the white population has been complex and difficult. “Looking at the problem from the literature, one can form any opinion of the Indians which best suits his fancy, varying from the most barbarous to the most fantastic. “From a health standpoint, we seem to have been content to hand to them all of the diseases and vices which are spread by civilization, without in any appreciable way at- tempting to mitigate these evils. For example, tuberculosis has become very prevalent among the various tribes (caus- ing one out of every three deaths), largely because they have been encouraged to follow our example of living in houses, but have not been clearly shown the dangers of im- proper housing and lack of ventilation. “Immorality has been substituted for unmorality, because the fundamental principles upon which the social fabric of THE ONONDAGA HISTORICAL ASSOCIATION 31 the marriage state rests has not been sufficiently impressed upon them. “Small-Pox and other epidemic diseases have in the past depleted their ranks by tens of thousands with no special effort to check these diseases, except in so far as they af- fected the adjacent white settlements. “Historians have told us that the invasion of Europe with Syphilis was from the returning soldiers and sailors who accompanied Columbus on his voyage in which he discov- ered America, they having contracted this disease from the Indians. Although medical authorities do not agree with this statement, no one has attempted to defend the Indians from this stigma. While we should not excuse many of the unjust practices of the Indian upon the Whites, we must admit that much prejudice against them has been caused by those whose motives in dealing with them have not always been above suspicion. “It is the opinion of the majority of those who have studied the Indian situation, that the final solution of the Indian problem is to admit them to full citizenship with all its responsiblites and prvileges. “With this end in view, why should we not do all in our povrer tc intrust the min the higher ideals of citizenship. Let us replace the spirit of selfishness and aggression in dealing with them with one of altruism, change our atti- tude of indifference towards their health and social wel- fare with one of sympathetic and helpful assistance. “It was with these principles in mind that an attempt was made to create better health conditions in the Onon- daga Reservation, with results which have far exceeded expectations. When attention was first called to the high mortality existing in the Reservation in October, 1918, with the reports of serious illness, in which there was not proper medical attention, it was decided to make a careful investi- gation of these conditions. The Reservation was without an attending physician, owing to the resignation of their for- mer physician, except as one was designated for a special purpose by the County Overseer of the Poor, upon request. No school examinations had ever been made, and no equip- ment for such examination. On November 4th the Board of Supervisors, upon request, made an appropriation of $100 for such equipment, and at their next meeting, Novem- 82 OFFICIAL RECORD OF INDIAN CONFERENCE ber 11th, appointed Dr. Orton White as physician to the Reservation. Dr. White immediately assumed his duties and freely gave to us his assistance and co-operation. He at once began the examination of the school children. A State Laboratory supply station was located at the school- house for his convenience. Realizing that tact and diplom- acy would be needed to obtain suitable information, Mrs. Elizabeth Finnegan’s services were requested from the State Department of Health. She arrived on November 12th, and a survey was immediately undertaken. A week was spent by Mrs. Finnegan in the school, giving talks on personal hygiene, and making the acquaintance of the chil- dren to isure her a better introduction into the homes. She also visited Mrs. Hayward’s Lace Bureau, and there met many of the women of the Reservation and explained to them the purpose of our survey. This was supplemented by a promise that an evening’s entertainment of moving pictures at the Reservation would be given at an early date. This preliminary work proved so successful that without exception the desired information for the survey was ob- tained at the homes, and she was cordially received into every household. Mrs. Finnegan was accompanied on her visits by either Professor Phillips or the Sanitary Super- visor. The survey consisted in making house-to-house visits and obtaining the names, ages, occupation, births and deaths (within five years), sanitary and general health con- ditions and other data. “The water supply is from several sources. The main street is supplied with running water, which is piped from a spring situated on one of the adjacent hills and is pure and abundant. The remainder of the Reservation is sup- plied from wells and springs, none of which are well pro- tected from surface drainage. “The wells are without curbs or fences, but are at some distance from the privies and outhouses, which latter are in the main of the most primitive style, freely open to fiies, and rarely cleaned out. A few of the homes are modern in stucture and well kept, but many of the houses contain only one or two rooms, which serve for all purposes. They are improperly ventilated and lighted, overheated with stoves, and the sleeping rooms close and dark. Some having no windows. None of the houses have water piped into the THE ONONDAGA HISTORICAL ASSOCIATION 83 living apartments, and in the absence of sewers or cess pools, we believe this would be inadvisable. The running water system should be extended to all by means of spiggots or hydrants, being so placed as to be conveniently accessible to each house, or group of houses. Pulmonary diseases are the chief cause of death, as would be expected from the above statement. There were four deaths from pulmonary tuberculosis in one family within a period of one and one- half years. Both incipient and advanced cases were found in our survey. Dr. White’s examination of the school chil- dren reveals several early cases among them. “Efforts are now being made to learn the venereal dis- ease situation. Dr. White has in some cases taken blood for the Wasserman test and has administered Arsaphenamine, which has been supplied by the State Health Department. One of the greatest difficulties encountered by a physician in work among the Indians, is lack of proper assistance in the carrying out of his directions, which are often difficut for them to understand and with which their traditions are not in accord. “The school registers seventy-five pupils, but not more than forty were present at any one of the visiting days. It is difficult to maintain a high percentage of attendance without a compulsory attendance law. “At our suggestion all pupils are now using individual drinking glasses. It is not customary for the school chil- dren to partake of a noon meal,—nearly all remaining at the school building during the noon hour, none bringing a lunch. This lack of food is now being cared for by the teachers, preparing a Inuch for them from food furnished by the Visiting Nurse Association. “In many homes there was evidence of lack of iiowieave of food values, although in some homes the meals seemed adequate. “The deaths recorded for the past five years, which is undoubtedly not complete as no burial certificates are issued, were 63. The following were the chief causes of death given :— “Tuberculosis, 23; Infant Diseases, 22; Pneumonia and Influenza, 7, Typhoid Fever, 4;. Diphtheria, 1; unknown, 6. “Bighty-five births were reported to us as having .oc- curred during the past five years. The incompleteness of 34 OFFICIAL RECORD OF INDIAN CONFERENCE these statistics would be indicated by the records which been kept by Professor Phillips, which records show that there have been 32 deaths in the Reservation within a period on one year. The absence of complete vital statistics also makes it impossible for us to estimate the infant mortality rate, which we are convinced is very high. Assistance has been rendered during the summer months by the Visiting Nurse Association of Syracuse, which has taken many of the children into its summer camp, but owing to lack of follow-up work, has not resulted in great permanent benefit. “The principal occupation of the Indians is farming. A number of them, however, seek employment in the various factories and shops in Syracuse, having been trained to do this work in the various Indian schools. “The promised moving picture entertainment was given on the evening of December 3, 1918, and was greatly en- joyed by about 200 Indians, many of whom entered into the spirit of the occasion by assisting in the program. Many difficulties were encountered in arranging this show, the chief of whch was the absence of electrcity in the Reserva- tion, which made it necessary to secure an old style calcium light and hand power machine. Also, owing to limited mail service in the Reservation personal invitations and notifica- tions were made necessary. The exhibition was held in the ° Methodist Church. The entertainment consisted of pre- senting of two reels loaned by the State Department of Health, one on Tuberculosis, and the other on Typhoid Fever. The pictures were preceded by a talk by the Sani- tary Supervisor, explaining the object of our survey; and the interval between the pictures was taken up by several musical selections by Indian families and a speech in the Onondaga Indian language by Mr. David R. Hill, one of the most influential members of the Reservation. Following the pictures a social session was held, at the conclusion of which a rising vote of thanks was given, with the request that a similar entertainment be given later in the winter, which has been done. We believe this entertainment did much to bring about a spirit of co-operation, which will greatly as- sist in carrying out plans for constructive health work. Re- sults are already in evidence, as shown by better sanitary conditions, cleaner and better ventilated homes, and by a marked improvement of Tuberculosis patients. Windows ir THE ONONDAGA HISTORICAL ASSOCIATION 35 sleeping rooms are now kept open for the first time. “From the results of this survey, we are convinced that the greatest need of these people is education in personal hygiene and sanitation—that the best methods of teaching them is through a tactful and enthusiastic public health nurse who can gain entrance into their homes and by prac- tical demonstration and assistance, secure their confidence and respect. She can be of inestimable value to the physician in carrying on this work, and could teach them much in regard to food values and the cooking art. This work could be supplemented by entertainments of an educational char- acter ,illustrated by stereopticon views and moving picture films, given at convenient intervals. The attending physi- cian would receive much encouragement in his difficult task by the assistance of such a nurse and the co-operation of the State Health Department. “Upon presenting these suggestions to our Visiting Nurse Association and the Board of Supervisors, such nurse was secured and is now rendering this service in a most appre- icative manner. She spends four days a week in the Res- ervations, administering to the sick, giving instruction in home nursing, prenatal care, school inspection, etc. We ex- pect to soon have an Infant Welfare Staton in operation, where all of the babies on the Reservation will be weighed and mothers instructed in their care weekly. We also hope to be able to establish a social center for the young women of the Reservation in the near future. “Plans have been made for a Health Center Building we hope to have erected near the schoolhouse, which. will be available for such purposes.” Mr. REEVES, Representing U.S. Bureau of Indian Affairs :— “J have listened with a great deal of pleasure to the dis- cussion from the standpoint of those officials who have spoken so far. There are one or two impressions that I would like to remove that possibly have arisen as an indirect result of a remark made by Judge Jenks. “What is the attitude of the Federal Government with ref- erence to this New York Indian situation? “T do not know where it is that the opinion comes that the State Government hasn’t any jurisdiction until the Fed- eral Government gives it to it. As far as I have been ad- 36 OFFICIAL RECORD OF INDIAN CONFERENCE vised that does not exist. The present policy of that Bureau is to permit the State to retain the jurisdiction that it has, and we will be glad to co-operate in giving that jurisdiction to the State. “I sinc erely trust that this meeing will result in the work- ing out of some feasible solution of this New York Indian° situation for the benefit of the citizens of the State and the Indians themselves. : “T could cite an act of Congress for you that at least gives the State jurisdiction in some cases. If the State needs any additional jurisdiction I believe Congress will be glad to give it to you,—but if you attempt to convince Congress of the fact that the measures your propose to adopt will be beneficial to the Indians, you will find serious objections in obtaining what you want. There is a tendency in all matters of this kind to go too far. The State has, from time to time, exercised at least a limited jurisdiction over these people. “JT would like to say to Dr. Sears that I would like to see him continue the good work he has started among these In- dians until somebody in authority tells him to stop it.” Dr. MATHIAS NICHOLS, JR., Deputy Commissioner, State Dept of Health :— “T had a rather definite idea of what the State Health De partment should do for the Indians. I am not at all sure whether he can doit. In brief, it was, that on each of the four principal reservations should be established a Public Health Bureau of the State of New York, and, in addition to that, there should be a special Sanitary Inspector ap- pointed who would be a doctor living on the border of the reservation and who is properly qualified to attend to the medical needs of the Indians. This is just my idea of what they should do for the larger reservations.” Dr. OTTO EICHEL, Director Bureau iVtal Statistics, State Dept. of Health :— “We have had two preceding speakers which may be in order as to vital statistics. Vital Statistics is merely a method of keeping records of the number of people born, the number who die and the causes from which they die. This is very important to the Indians for several reasons,— THE ONONDAGA HISTORICAL ASSOCIATION 37 for instance, the Indians have shown no tendency to increase lately. In the last twenty years the population has shown a very slight tendency to go down. When we look into it to find out what the reason is we have found that there are certain causes which could have been prevented. Tuber- culosis is probably the most important cause which brings many Indians to the grave long before they reach middle life. “T am told by Dr. Bates, Dr. Sears and others, that all the births and deaths that occur on the Indian reservation are not reported to the registrar. Now, I am going to ask you Indians who are here to insist that every time an Indian child is born on the reservation that the one who attends that birth shall report it, so we will know exactly how many Indian babies were born. Also that every death is re- ported, so we will know how many deaths occur and why. This works no hardship on anybody, costs no money, and a very little effort on your part. “Those reports have many other important uses. The birth report of an Indian child is an official record,—for instance, to prove the Indian child was born in the United . States, to prove it is a legitimate child, to prove it has a right to inherit certain property, to prove its age, and a. number of other very important reasons. “Then, in regard to death records. 9 much doubt has arisen about this question of juris- diction and control in connection with Prof. A. C. Hill in enforcing a compulsory school attendance law on the Indian schools. It seems to be up to me at this time to endeavor to clear up democracy very briefly by one decision I think will decide the entire question. “We all understand about the Western Indians; and thé decisions of the various courts referring to the Western Indians mov be interesting, but they do not apply to the Indians of New York State. 7 “Since yesterday I had occasion to refer to one decision of the Supreme Court referring to the New York Indians. It arose over an act of the State Legislature of New York passed in 1821. The question of the right of the State to legislate on matters of this kind arose and they finally went to the Supreme Court of the United States. It was decided that the State in question has a police regulation for the people. It is a fact of the truth. Nevertheless the relations. these Indians hold to the United States is so far as it is necessary to preserve the differences of the commonwealth and protect them from imposition and intrusion. The power of the State to make such régulations to preserve the differences of the community, i is absolute and has never been surrendered. “Need more be said about your question of jurisdiction? Need more be said about your power to maintain health regulations, not only of the Indians themselves but the State of New York? mh btn Gelli 3 “J think it useless to stand and ask these questions, citing numerous decisions to support this one case, which I be- Tieve ample to defend the entire proposition.” ANcus WHITE, ‘Chief of St. ‘Regis-Mohawk Indians :- aS, “It interested ‘me very much when Mr. Hill was speaking. THE ONONDAGA HISTORICAL ASSOCIATION 45 I approve of any enforcement of law in regard to anything that he talked about here, but I must say that perhaps something could be added to what he has already presented to you people here. “We have on our reservation eight district schools, and I do not think you will find that there is very much trouble as far as enforcing the school attendance law on the St. Regis Reservation. We have had a very few cases of it. “T think that if the people would take a little different course it would not be necessary to form a court on the In- dians on the St. Regis Reservation. The State Troopers have come in and assisted us and gone to the justice in our town and given sufficient satisfaction in that respect. “I think the health conditions on the St. Regis Reserva- tion are qual to the whites. I know positively and in fact could get proof of this from Dr. Sears. “When vou talk of sanitary canditions, I want to ask if, when the children go into the schools and have to pump water from the cellars of the schools before school hours, is that sanitary? We have two school houses on our reserva- tion where there is perhaps three or four feet of water in the cellar which has to be pumped out before school hours by the children. “Mr. Hill said the Indians would not help in grading and other work about the school. ‘Perhaps some of the older people don’t do it, but the children do. I passed one of the schools where they were going to put in a furnace and I saw two little girls shoveling dirt. The man hired to do this work sat on a boulder, and when I came back the girls w were still shoveling and they were tired out. “Perhaps if you get both sides of things you will: under- stand the thing better. When you want to do anything with Indians you can lead them easier than drive them.’ By get- ting the proper authorities on the reservation I' think we would have no trouble at all.” CHIEF CHAPMAN SCHENANDOAH of the Oneidas :— “I was born in 1870 in “Madison County. When I was a boy we had a little State ‘school on the reseryation. My folks said it was best for us to go to school. Anybody knows that. ‘We were never forced. to. go to school. We wanted to go, but the conditions are what drove us away. Sometimes 46 OFFICIAL RECORD OF INDIAN CONFERENCE the teacher would sneer at the dirty children because he was poor and had no father or mother. “School went on until I was 12 years old. Then our neigh- bors began to quarrel over who should be the teacher. They were not going to teach the Indians. They soon got tired of it. Finally the State decided there was not enough at- tendance to keep this school, so they closed it up, and so I and the rest of the Indians could not go to school. The Oneidas had no legal authority to appeal to the Government and were at the mercy of the State. I went away and made my living as best I could. “As far as I can see, this State has never done anything for the Oneidas.” CHIEF RICARD of the Tuscaroras :— ° “JT don’t believe there is an Indian who would keep his chil- dren out of school if he could help it. Sometimes the chil- dren are sick and it is pretty hard for these parents to go to a doctor and get a certificate, but we have never had any trouble in that line. Talking about not having power to send these children to school, I know of a man who went to jail for not-sending his children to school. He ought not to be in jail. He was not in a physical condition to be in jail, but he went just the same. “This Conference is trying to look after the Indian. I think if these civilized American people working for democ- racy would look into the details more closely they will find that the Indians can be led a great deal better than drove.” CHIEF WALTER KENNEDY, Cerk of the Allegany-Senecas :— “Three years ago the Seneca Nation passed what you people call the Conservation Law for the preservation of fish and game on the reservation. We asked the State to enforce this law. When it came before the United States Senate, the suggestion of Senator Walters, the commis- sioner at that time, was to drop the bill and present the same to the Conference. Last winter we had to go again to Washington to the Senate and Mr. Hamilton went to see what he could do. “We appreciate what you are trying to do for us. What we oppose is when you try to take everything away from us. When you try to do something good for us, to educate THE ONONDAGA HISTORICAL ASSOCIATION 47 us and make us live like everybody ought to live, we appre- ciate it.” Rev. Louis BRUCE, Pastor St. Regis Indian Mission :— “Everytime I come back to the Onondaga Reservation I notice the school is just a little better than it was before, and we have to congratulate them that they have such a fine school system. We want to co-operate with the State in all that they are doing. I know there are some people here who have small complaints about their reservation. I think they should be heard. Not that we want to complain, but we want to help the State. They have put in those good systems and we want to help them to make it more efficient. I know the Indians want to stand back of the State to en- force all good laws.” CHIEF JULIUS HERON of the St. Regis Reservation :— “There was a doctor appointed on the reservation who was paid by the year. Has he a right to doctor the Canadian as well as the State people? Can he doctor them and let us people co after he has been paid to look after us? “POOR AND INDIGENT INDIANS.” Dr. ROBERT W. HILL. Supt. State and Alien Poor, State Board of Charities. “New York State since earliest colonial days has been interested in the welfare of the Indians within its bound- aries. In colonial days long before the question.of juris- diction arose the white people had various controversies with the Indians, but in spite of controversies were actuated with the desire to do good to such of the Indians as seemed to be in league. In colonial day sthere was even legislation regulating the quality of wampum, and it was in those times that there was an adherent power residing in the col- ony which would enable it to enforce a regulation of that kind, and in those times we read now and then of particular cases of Indians who required the attention of white settlers and who received certain assistances and so were moved gradually into a recognition of a responsibility on the part of the State towards the Indians who were settled within its boundaries. 48 OFFICIAL RECORD OF INDIAN CONFERENCE “When, in later years, State enactments began to take the place of colonial laws and even of treaties, the attitude of the State was unchanged except that it increasingly felt the obligation to take care of such needs of the Indians as might present themselves to its attention. “There is no distinction made in the earlier laws so far as race or color is concerned. There, poverty and distress was recognized as common to all people and the same measures which were intended to relieve poverty and distress in one person were extended to cover all who were within the power or within the province of the particular division to whom were assigned the duty of carrying forward the char- itable intentions of the commonwealth. “Later the General Poor Law was constituted and by amendments extended still further. A division was made as to certain responsibilities and duties of special officers were more strictly defined. In these later amendments we find a certain article about Indien relief, and thus Indian relief assumed a new importance in the eye of the public and in the administration of its laws. Heretofore the In- dians were included in the General Law and relieved wher- ever they came within the local jurisdiction by relieving officers. In later classifications and amendments they were classified as a special group. The children were classified in a special group and were no longer to receive relief through them. This authority was finally taken away from the jurisdiction of the counties and they became a special State charge and were segregated in special State hospitals where they could be treated. ' “How are Indians who are in need to be relieved under the original treaties which were made between the Fed- eral Govrnment and the Indians? There was no provision for the general relief of indigent Indians because the tribes and nations were considered as a community and whatever was done was done for the community; but the State con- sulted the tribes and leagues as to the welfare of the In- dian and so under the extension of its benefits it has ex- pressed a purpose to go to every family, every man, woman and child whenever in need and extend such needs as they require and may not elsewhere obtain. ” “Now, the State does not consider itself bound to give to self-supporting individuals or families any funds, food, or ‘THE ONONDAGA HISTORICAL ASSOCIATION 49 ‘clothing. Those needs are within the reach of the self-sup- vortine and the able-bodied, and, therefore, it would be a ‘waste to the State’s poor and of the funds were it to make use of them without consideration of need; therefore, the baseness of all the assistance in the way of relief. Econom- ical relief and physical relief is need. When the State ex- tends relief it is to apply it directly to the relief of the par- ‘ticular individual whose circumstances demand it. It does not go to two or three different ones finally to reach the one who is suffering, but it goes directly to that individual. “Now, what does the State do to make sure that Indian relief reaches those in need? First, it gives authority to the local public relief officers, who by law are authorized in all parts of the State to look after the needy poor. The local authorities who are in the several counties are authorized ‘to give attention to the needs of an individual, and if, upon -examination, it is found that there is a necessity that the State shall provide for such an individual, that local reliev- ing officer is authorized by law to take the necessary and immediate steps which will give to the needy: what is re- -quired. That is followed further by a requirement by law that is the action is not taken in case of immediate need ‘the same shall be immediately reported to the State judges. “That is, to the official of the State, who by law is in control of Indian relief. “The State Board of Charities is the one department which has control of Indian relief, and the superintendent “of the State poor is the officer who is responsible for the dis- tribution of such relief as is required by the needy, 7 “Many of the Indians are placed in an alms-house, and ‘the payment of hospital bills when such needy Indians are ‘taken into hospitals being taken care of. The immediate reguirement is. reported to this special officer of intended action on the part of the loaning official who is warranted by law to take the necessary steps. It then follows that the appers which are then prepared setting forth the Indian for -whom the assisstance is required are examined, and if ap- proved the State will pay the bills up to a certain amount which is affixed by rule, and thereafter until the superin- -tendent directs otherwise relief may be given from time to -time by the local officer to the individual or family. The 50 OFFICIAL RECORD OF INDIAN CONFERENCE same law applies to all reservations of the State and all of the Indians of the State. “Tt happens that of a total fund of $40,000 appropriated by the Legislature of the State of New York for the relief of the needy during the past year, 25% of it was spent for the relief of needy Indians and the remainder was spent for the relief of needy white persons in all parts of the State and for their return to their residential localities in other States or counties. So you will see, by the proportion of 25% for the relief of a total population of 5,825 Indians upon all the reservations and 75% for over nine millions of white people and colored persons in other parts of the State, that the Indian population of the State of New York re- ceived at least a fair portion of the total amount of the ap- propriation provided by the Legislature of the State. “Sometimes, of course, there is a feeling that the depart- ment in Albany is not quite as liberal, that it does not give ag vaueh as is desired on our reservations, that the bills are looked over too closely; but if you consider the great popt- lation o fthe State and the small population of the Iadians and the amount that is expended for the relief of Indians, you will at once say that the superintendent must scrutinize the bills and must cut out unnecessary items and must re- fuse applications for relief if they are not absolutely neces- sary. It sometimes happens that even after the Indians are dead some local official comes to the conclusion that if he could only make that dead Indian a State poor person he will obtain from the department to pay the expenses which otherwise the family might have to pay or possibly some other department of the Government would be asked to pay; but, as the law strictly limits the relief of Indians to those who are actually living at the time of application, we can- not take any claims which are made for the reimbursement of such expenses as that to which I have alluded. “Tt seems desirable that the Indians of the State of New York should be brought to a better recognition of their own dependence upon their self-ability and to a stronwer deter- mination for them to live such an independent life that they would not rely at all except in cases of extreme need upon public assistance. We used to think among the white people that it was a bar-sinister upon the family reputation to have it said of that family “it was a pauper family,” a re- TRE ONONDAGA HISTORICAL ASSOCIATION 51 flection upon ability to do things, involved in the use of the name ‘pauper.’ “Now, we have established schools in the State, health agencies, and have given treatment in various forms to the Indians of the State in order that they may stand firmly on theis cvwn feet like their fellow citizens do, for there is everything possible for them to do if they ask the State to give them a crutch to help them walk. “I cannot regard the Indians in the consideration of the relief law other than citizens. When I read the Constitu- tion os the United States which gives as citizens all persons born on the soil of the country, I cannot but feel that if it covers a yellow child it may well cover a redchild. The Indian question would be solved by making every Indian a responsible citizen and give him al Ithe privileges and pro- tection which the common laws of the republic extend to the citizens and residents of the country. No aliens are citizens who are subjects of a foreign nation. We have no foreign nation within the boundaries of the great United States. Itis one nation and one people, and those born here subject to the laws should have the same rights, regardless of race or color. What we are doig in the administration of such social laws as the poor law is with this intention and purpose. If they are in habits, if they are in special methods of social relations which heretofore they obtained among Indian tribes which work against their real progress and advance in civilization, it should be an effort of every individual to rid the Indian race of such habits and such methods of life so that they will advance the movement of their people and so they can stand on the same plane in every regard with us, their white neighbors. “I refer to some of the social laws which relate strictly to abandonments unless there is a marriage relation which is not a transient one, but a permanent bond. What.can you exrect af family life and the wrong to the child the result of such a marriage? Our calls for relief are so frequently the result of desertion, of so-called divorces, of abandonment, that we regard the social relations as so weak that they ought to be changed to conform to the laws that hold white man and woman together which only the power of God can break. “The State of New York recognizes its responsibility for 52 OFFICIAL RECORD OF INDIAN CONFERENCE the social welfare, economic welfare of fthe Indians resi- dent within its borders, and the State Board of Charities for more than fifty years has been placing on its records from year to year the evidences of its interest in the wel- fare of the Indians. It was through that Board and through the men that compose it that the State has taken over the Thomas Indian School, formerly a mission school. “There is one thing, it seems to me, that is forgotten by those interested in Indian education. It would seem as though if proper steps were taken by special provision there would not be so many Indian children wandering about the reservations without the opportunity of place- ment in proper schools. When the Thomas Indian School is filled to capacity the other children should be placed in other schols. This has not been operating, and I believe the reason is because the Indians themselves have not urged the Board of Charities to perform this function and to in- sist upon placing in proper schools where the same advan- tage could be given to the children as in the Thomas Indian School many of the helpless young Indians who now are neglected. “So, let us believe that if the Government has done any- thing for Indian relief and for the maintenance of the schools of the State of New York, it has been actuated by the conviction that the State of New York is sufficiently capable of managing the Indians within its boundaries and can be depended upon not to neglect those who need assistance.” , SPEECH AT LUNCHEON—CHAMBER OF COMMERCE. Dr. John A. Mtathers, President and presiding officer. Dr. A. C. HILL, State Director of Indian Schools :— “I am sorry Wilford Kennedy and Nelson Hare, Seneca Indians, went fishing, but I do not accept Judge Jenks’ opinion as the last word regarding the status o fthe New York Indian. “He says: ‘I am sorry the primitive instincts. of Wil- ford Kennedy and Nelson Hare started them on a fishing expedition in October, 1915, and regret still more that Leon Paxon and Albert Stadelmeir, game constables, did not THE ONONDAGA HISTORICAL ASSOCIATION 53 know more about treaties with the Indians when they in- terfered with the innocent amusement of the red men.’ “For this harmless fishing expedition was a poor subject over which to start something about the legal status of the Iroquois. It resulted, however, in a kettle of fish that has caused indigestion to many legal minds, poisoned public opinion and done great injury to all the Indian communities in the State. “The precise question it brought before the court was whether the conservation law of New York extend to In- dians maintaining their tribal relation and residing upon an Indian reservation within the State. This is the exact language used in the opinion given, but it is understood that the fishing was done by Indians on the reservation. The question was very properly decided in the negative. “The judge, however, injected what lawyers call ‘obiter dicta,’ that form no part of the decision, from which the conclusion is drawn that the State has not and never had any jurisdiction whatever regarding any matter on the In- dian reservations of the State. From this latter most icon- oclastic inference I venture with some hesitation to most emphatically dissent. “The legal expression ‘non sequitus’ seems to apply. From the well-known fact that the treaty-making power is vested in the Federal Government the conclusion is drawn that all power is vested in the Federal Government. It is stated that the State cannot tax Indians, a fact that every one admits, but it does not seem to follow that the State cannot pass and enforce laws to promote health, protect property and secure school attendance. The Federal Government has assumed over severe major crimees, but has it assumed jurisdiction in the case of minor crimes and misdemeanors? It is asserted that there is no distinction between New York and Western Indians, though Judge Werner is not so su about that; he simply says he cannot think of any. There is apossibility that some one else whose mind is less occu- pied with other matters, might think of some points of dif- feernce between conditions East and West. The statement js made in the decision that since 1871 Congress has gov- erned the Indian tribes by direct legislation. It is mat- aer of common knowledge that it has not so governed New York Indians during this time, nor prior to it. It is ad- 54 OFFICIAL RECORD OF INDIAN CONFERENCE ‘mitt ed that a State may act in the absence of affirmative ‘legislation by Congress, and New York has done so in mat- ‘ters affecting New York Indians for a long time, as is | proved by the volume of Indian laws now on the statute | books of the State. Itis stated in this far-reaching decision i that this principle has never been applied to coining money, "establishing post offices, declaring war, etc., a very obvious fact that applied to States as well as reservations, but not evidence that the State has exceeded its powers in conclud- ing thirty treaties making innumerable laws affecting Indians. “The Cherokee and Gagama cases are invoked, as ghosts from the spirit world, to awe objectors and prove to the world that the dead hand of legalism controls legislation in the twentieth century. Even Judge Marshall, though learned, was neither omniscient nor infallible. He could not penetrate the future and make a decision for all time. The Dred Scott decision had to give way to the higher law of justice. The Kagama decision was rendered in far-off California in regard to one of the seven major crimes, and to school laws in New York. “The mass of Indian law upon the Federal statute books was put there, without doubt, with no thought of New York Indians and no intent to include the New York reservations. Congress enacted Indian laws while Western Indians were either savages or just emerging from their primitive state, and New York Indians were so well advanced in civilization as to escape attention as part of the Nation’s Indian prob- lem. It is within comparatively recent years that the watch dogs of the Senecas have discovered that our. fore- fathers were candidates for the dunce block when they en- acted the Indian laws that have been accumulating to the present day. “The fact seems to be that no authority has exclusive : jurisdiction on Indian reservations. Congress has such : jurisdiction as it has assumed; the Indians have limited paar neg ee governmental powers; the State has its field of activity. | The respective jurisdictions have been reasonably well ob- served in the past. What authority Congress has assumed is not disputed. There is no rivalry between Stae and Na- tion in assuming the white mans burden. Either would 1 gladly shift it onto the other. It is fair to assume that such ‘THE ONONDAGA HISTORICAL ASSOCIATION 55 jurisdiction as Congress has not actively assumed falls to the State. What jurisdiction the State has not assumed is left to the Indians themselves. The State has granted a republican form of government to the Senecas; the other reservations have chiefs who have exercised certain power tacitly granted by the State. In other matters the State has assumed full authority and has exercised it without question by Congress. “Why, may I ask, disturb existing conditions? Why pore over musty books to find out what some fallible human be- ing clothed with the ermine said at a time when present con- ditions were not even a vision in their minds? There is a spirit as well as a letter in law, and the ends of justice and human welfare should not be defeated by a courtdecision which other decisions contradict. “Whatever the immediate action may be, the final out- come will inevitably be that the New York Indians wil! lose their racial identity and become a part of the already cosmopolitan commonwealth, to the mutual advantage of both races. This is both Federal and State policy. The New York Indians are nearer the goal than ever. Many of the reservations are now practically under State laws. The Tonawandas, the Tuscaroras and the St. Regis have no courts of their own. Some of the tribes are nearly ready for citizenship and might obtain it if they so desired. “A reversal of policy at this time would be supreme folly. The way out is ahead, not behind. Soon the Federal Gov- ernment will give up its present parental government over all Indian tribes; New York will do the same as soon as the Indians within its borders are ready and anxious for the change. The only democracy in store for the Iroquois is to be obtained by becoming a part of the State and citizens of it. There is no permanent place for an ‘imperium ‘in em- perio,’ in this State or elsewhere. This is no time to piead the cause of legalism to sustain a reactionary policy. If there is any flaw in the title of New York to the govern- mental functions it has been exercising let it be removed by act of Congress. Let New York perfect its machinery for enforcing laws on the reservations and the conditions will then be favorable for steady and permanent progress in ‘these communities, until by easy gradations the reservations are fully merged into State and Nation.” 56 OFFICIAL RECORD OF INDIAN CONFERENCE JOHN R. T. REEVES, Chairman Committee on Platform :— “The Committee on Platform practically unanimously concluded to confine the statement of the purposes of this Conference, as we understand it, to as few words as possible, and these suggestions are respectfully sumbitted as the vote of the majority of that committee, with the recomemnda- tion that a permanent Committee on Platform be appointed composed of local men who understand the situation and who will remain here to formulate your work on a broader platform, as many of us are leaving town and we simply offer this as a suggestion to your society if you decide to adopt it with that recommendation. Whereas, the Indians of the State off New York are rap- idly approaching that state of civilization which justly en- titles them to all the benefits and responsibilities of full citizenship, “It is hereby declared, to be the policy of this Conference that proper legislation be obtained to confer citizenship on the New York State Indians who have reached that State of competency which entitles them to citizenship. This is. to be left to such future time as Congres may adjust. “This platform simply states that there are now a large number of New York Indians who are competent and ready for citizenship. Under this provision those who are ready to acquire citizenship by asking for it, if they are competent, it would be given to them, but on the other hand, if they were not competent it would not be given to them simply be- cause they asked for it. They have to be competent and re- quest it. ~ “The right of citizenship would give to them and bring to them the greater responsibility and privileges of citizen- ship without effecting or disturbing their tribal rights to property, which necessarily must be in future legislation by Congress. That is the only body that has the right to disturb your tribal property rights. There are certain prop- erty rights belonging to the New York State Indians which the State Legislature has no power to affect by legislation. Congress alone is the body that can adjust that matter.” Dr. ERt A. BATES, Chairman:— _ _ “The Governor of the State is profoundly interested in the New York Indian question and had much to do with Indian THE ONONDAGA HISTORICAL ASSOCIATION 57 legislation during his years in the Assembly. He had planned to come here, but illness has prevented him. To show the Indians that he is deeply interested in their inter- est, he has asked the Lieutenant-Governor, Mr. Walker, to represent him.” Following the introduction of Governor Walker, Chief Chapman Schenandoah of the Oneidas presented an arrow to the iLeutenant-Governor and adopted him into the Oneida tribe. LIEvT.-Gov. H. C. WALKER :— “T appreciate very much this token (arrow) that has been presented to me and all that it implies. “T sincerely regret that Governor Smith is unable to be here today, owing to a slight indisposition. He has been working in the interests of the people of the State in the performance of his manifold duties as a chief executive and he has overdone to such an extent that it is absolutely necessary that he remain in his room for two or three days in order that he may recover his health an resume his duties again. I received word yesterday he would be unable to come, an he requested me to come and say in his behalf how deeply he regrets his absence at this time. I am confident that he had an address which would have been worth all of your consideration. An address which would have carried to you direct from him his kindly feelings, his regards and. sentiments and good wishes for your welfare and. pros- perity. ‘Sorry he was unable to come, but I appreciate the. splendid compliment. paid me in permitting me to come hre in his behalf, and express his deep consideration for your welfare, his desire to do everything he can to promote your interests i in every way, shape and manner: You have, as well as all the rest of the people of the State of New York, in him.a friend who is urgently striving in the inter- ests of all the people. “For myself, I bring to you the same good wishes I do from him, and assure you of my deep sympathy i in your ef- forts in this deliberation to improve your condition in every way, morally, socially and physically. Anything I may be privileged to do at any time in that great end I will be pleased to do. You have my best wishes for the results of 58 OFFICIAL RECORD OF INDIAN CONFERENCE your Conference that it may be for all you can desire of it yourselves.” REv. Dr. W. H. KETCHAM, Member U.S. Board Indian Com- missioners, Director General Catholic Mission Work Among Indians :— “T am a product of the West, although my family orig- inates in New York and I feel very much at home here. Some of my Iroquois friends might be surprised at the rela- tionship I might place with them if I had the time. “J have been connected with Indian matters for twenty- eight years—ever since I was a young man. First as a mis- sionary living among the Indians of Indian Territory, and later in charge of the educational work and then on the Board of Missions. “My work has been in contact with every tribe in the United States and I have visited most all the tribes in the last year. There are some I have not seen. I have not vis- ited all the New York reservations, and these are about the enly exceptions. “This is the most interesting Indian meeting I have ever attended in my life. I have seen the best spirit manifested here that I have ever seen. No matter how much you may differ among yourselves, you seem to have the interest of the Indians at heart and are trying to find some way of doing them good. This is the first time in my life I have seen officials of the State interested in the Indian. Here I have seen the people of New York and the officials of the State of New York giving their time and best thought to- the betterment of the New York Indians. “I have heard Dr. Hill speak. He has spoken with zeal and his heart is in the work of educating the Indians. He spoke almost as one inspired. “T have seen the spirit of zeal to better health conditions among the Indians of New York. “T think you are in one way today more fortunate than any Indian people I know of in the United States. You seem to have a large body of citizens who are thoroughly interester in your welfare. “Now, to you Indian people, I want to ask you today one question. You, no doubt, realize the motives of these men are good. You begin to relize that no matter how much’ THE ONONDAGA HISTORICAL ASSOCIATION 89 some of the things have frightened you at first they are try- ing to do something for your benefit, and I would ask you to co-operate with them as far as you can. “Indians will not take a step forward unless they know what they are doing and when they don’t see the drift of what you are doing they will not move. Indians will not take steps in the dark, and if they are forced to walk in a way they don’t see clearly they are always pulling back. A's someone said before, ‘Indians can be led, but not driven.’ Consequently they perhaps don’t respond at once to what you are doing. They will do anything you ask them to do that is reasonable.” MALCOLM McDowWELL, Secretary and Member U. S. Board of Indian Commissioners :— “Father Ketcha mhas expressed by sentiments exactly and the United States Board of Indian Commissioners are to all the problems. I am going to theFarWest vitally interested in the solution of the New York Indian question and ready to do all in our power to determine, fairly to all, the problems. I am going to the Far West, but I am leaving with an intimate knowledge of the Iroquois that I could not have secured unless I had spent many weeks on the reservations. I thank you all for the splendid Conference.” RESOLUTIONS. Dr. MATTHIAS NICHOL, JR., Chairman :— “The Committee on Resolutions presents the following report, which has been adopted by them with the: vote of the majority :— “Whereas, the State of New York, through its. a departments, has always exercised and is now exercising its governmental control over the health, education and general welfare of the Indians resident of the State; and “Whereas, there are nearly six thousand Indians upon the several reservations in the State, members of the Six Na- tions, who now are possessed of lands and have been guar- anteed by solemn treaty full protection in the enjoyment of life, liberty and the pursuit of res caia to the same extent as are citizens of the United States; and . 60 OFFICIAL RECORD OF INDIAN CONFERENCE “Whereas, the conditions which exist upon the reserva- tions and affect the social life of the Indians militate against their welfare and prevent their progress and ability to maintain themselves to an equal degree with their neigh- bors who have the benefit of all the laws and courts of the State and who are full participants in the measures for the promotion of education, the protection of health, the conservation and welfare of children, the safeguarding of life and property by an adequate police system, and by the various enactments bearing upon social relations; all of which are necessary to our modern civilized life; “Be it therefore “Resolved: That the several departments of the State which have relations affecting the welfare of the Indians are requested to enlarge the scope of their work in behalf of the Indians that their progress may be more rapid. It is further “Resolved: That the Governor and Legislature of the State of New York are hereby requested to appoint a special . commission, consisting of two members of the State Senate, three members of the Assembly, and a representative from the Attorney General’s Department, one from the State Board of Charities, one from the State Department of Health, and one from the State Department of Education, which commission shall confer witn the two Committees on Indian affairs of the Congress of the United States when- ever the same shall be called together by the President, and to consider with such committees the relations and status of the Indians upon the reservations of the State as they are affected by the State of New York and the Federal Gov- ernment. “Be it further “Resolved: That this Conference cordially approves the following recommendations in relation to iVtal Statistics and Midwifery. VITAL STATISTICS. “Whereas, all the births, marriages and deaths of the In- dians of New York State are not being recorded, and ' “Whereas, complete records of the events in the life or every human being within the State are of fvery great im- THE ONONDAGA HISTORICAL ASSOCIATION 61 portance to the welfare and happiness of such individual, and especially for the purpose of protecting public health; “Be it “Resolved: That the Official Conference for the Consid- eration of the Relations of the New York Indians and the State and Federal Governments endorse the efforts of the New York State Department of Health to secure complete registration of the vital statistics of the Indians; and furthermore “Be it resolved: That the Conference urge upon the In- dians themselves, and upon their leaders, that they co- operate with the State authorities in perfecting the complete registration of the vital statistics of the Indians. MIDWIVES. “Whereas, many Indian mothers are attended in confine- ment by Indian women, who practice as midwives; and “Whereas, it is of great importance to the health and wel- fare of such Indian mothers and their babies that they should be attended at time of confinement, if no regular physician is employed, by midwives who have had proper training in the care of women in confinement and their new- born babies; and “Whereas, it is one of the purposes of the New York State Sanitary Code and of the New York State Health Department to promote this object by the licensing and supervision of midwives, “Be is resolved: That the Official Conference for the Consideration of the Relations of the New York Indians and the State and Federal Governments endorse the efforts of the New York State Department of Health to establish the serne standerds and principles of midwifery pr actice among the Indians which obtain among the white people; and furthermore “Be it resolved: That this conference urge upon the In- dians themselves an upon their leaders, that they co-operate -with the State authorities i in improving the practice of mid- wifery ar.cng the Indians. “SPECIAL HEALTH DISTRICTS. “And it is further 62 OFFICIAL RECORD OF INDIAN CONFERENCE “Resolved: That the State Commissioner of Health is requested to establish, as soon as may be possible, each of the four principal Indian reservations as a special health district under the control of the State Department of Health, and to that end take steps to secure the necessary legislation therefor.” “MIDWIVES. SPECIAL HEALTH DISTRICTS. Mr. REEVES, Chairman of the Committee :— L “