THE
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INDIAN
QUESTION
BY
LT. COL.OTIS
93
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ARTES
LIBRARY
1837
SCIENTIA
VERITAS
OF THE
UNIVERSITY OF MICHIGAN
TUEROR
SI QUÆR S-Felix,
THE GIFT OF
Jackson High School
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Frainer Leuten.
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THE
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INDIAN QUESTION.
BY
ephel
ELWELL Sep
OTIS,
LIEUT.-COLONEL U. S. ARMY.
SHELDON
NEW YORK:
AND COMPANY,
No. 8 MURRAY STREET.
1878.
Copyright, 1878, by Sheldon & Co.
CONTENTS.
CHAPTER I.
HAS OUR INDIAN POPULATION DECREASED ?
CHAPTER II.
COLONIAL INDIAN POLICY
CHAPTER III.
INDIAN POLICY OF THE UNITED STATES GOVERNMENT
PAGE
1
46
73
CHAPTER IV.
INDIAN TREATY SYSTEM
. 117
CHAPTER V.
INDIAN TREATY SYSTEM
. 157
CHAPTER VI.
REPORTED CORRUPTION IN THE INDIAN BUREAU
. 198
CHAPTER VII.
CAN THE INDIAN BE CIVILIZED ?
. 221 -
CHAPTER VIII.
HOW CAN THE INDIAN BE CONTROLLED AND IMPROVED ?. 251
373731
THE INDIAN QUESTION.
CHAPTER I.
HAS OUR INDIAN POPULATION DECREASED ?
THE long established belief, that the Indian population
of the United States is rapidly disappearing, and that the
time is not far distant when it will become so insignificant
in size, that it will cease to give annoyance to the Govern-
ment, has scarcely received contradiction until within the
past ten years. Among a large portion of our citizens an
opinion still widely prevails, that the Indian tribes which
formerly roamed over the country east of the Mississippi
River, have almost ceased to exist. We are occasionally
informed of the sad fate of the nations of the former North-
West Territory, or possibly, of the advance in civilization
which those small remnants of the Iroquois, and Cherokee
nations which still remain with us have reached. The
State of Delaware is about to place in his final resting
place its only red native, while the summer visitors at
Nantucket are shown the grave of the last representative
of the original proprietors of the soil of that island.
The generation last past, were more firmly convinced
of this alarming decay, than the people of the present.
President Jackson found humanity weeping over the fact,
and that fact was known to every succeeding President
until the Mexican cession of territory partly replenished
2
HAS OUR INDIAN POPULATION DECREASED.?
the loss. More than forty years ago the artist Catlin
hastened to the far west, "to lend a hand to the dying
nations" and to snatch "from a hasty oblivion what could
be saved for the benefit of posterity." In the official docu-
ments with which we are now furnished, we learn that this
decay has been, in some instances, arrested, and that a
few of the Indian nations are actually increasing in num-
bers. Yet we are asked to believe, that the Indian popu-
lation of to-day is surprisingly small, when compared with
that which existed at the beginning of the seventeenth
century.
The reliable data upon which this belief is based can-
not be discovered. Many of the reports of the French,
and indeed of the Jesuit fathers, in regard to our early
native population, appear as romantic as the Spanish ac-
counts of the population of the West Indies and of Mexico.
We can as readily believe, that the Emperor Montezuma
controlled a force of three millions of fighting men, or
that Hispaniola contained a population of one million of
souls when discovered by Columbus, or that the Spaniards
destroyed within thirty-eight years the lives of fifteen mil-
lions of the inhabitants of the New World, or that the
Spanish Jesuits in Mexico, in the space of twenty years
brought nine millions of converts to the faith of Rome, as
to place confidence in the ingenious stories which deceived
the ministers of the fourteenth Louis.
And yet the current literature of a very recent time
spread abroad these reports as historical truths, and added
thereto unsupported statements of marvellous invention.
We are told that the Six Nations of New York numbered at
one time upwards of sixty thousand; that more than two
hundred thousand Indians subsisted upon the fish drawn
from the Columbia River, and the game taken in its vi-
cinity; that the missionaries on the California coast hap-
pily governed seventy thousand Christian converts, and that
HAS OUR INDIAN POPULATION DECREASED? 3
forty years ago the country watered by the Mississippi and
the Missouri Rivers, and their tributaries, contained an
Indian population of four hundred thousand souls.
These, and similar fictions, in reference to population,
have often arisen from the statements made by Indians
themselves to the early missionaries, and to those whites
who mingled with them for the purposes of trade. Nearly
every tribe, however small, boasts of its former import-
ance. They all have their brilliant traditions. An ap-
parently well informed Tuscaroran will to-day place the
population of his tribe, before its removal to the State of
New York, at ten thousand. In the latter part of the
seventeenth century, the Sioux nation was supposed to
number forty thousand, but in the year eighteen hundred
and fifty-two the Rev. Mr. Riggs estimated their number
at twenty-five thousand; and during this interval of time,
the nation probably received an almost constant numerical
increase. These estimates were partially based upon in-
dian reports, and almost entirely so, as far as the early
French writers were concerned.
Many fictitious accounts were spread abroad by the
early Canadian voyagers, and gained more or less credence.
Their desire to magnify the dangers attending their
journeys into the interior of the Continent, influenced
them to enter the field of romance in their descriptions;
and their residence upon the extended plains of the west,
and their exciting labors upon its magnificent rivers and
broad lakes, so enlarged their imaginations, that it was
impossible for them to confine their statements to the
strict limits of truth.
The received impression of a former numerous Indian
population, has been supported by historical mention of
frequent Indian wars, in which the Colonies and the
United States Government have been engaged. History
often satisfies itself by informing us that the Indians
*
4
HAS OUR INDIAN POPULATION DECREASED ?
"were defeated with great slaughter," or it occasionally
relates that in certain engagements, the power of certain
nations was forever broken. It seldom gives numbers or
losses.
Mention of exceeding great mortality from pestilence,
also gives strength to this impression regarding popula-
tion. Vigorous nations are supposed to be reduced to in-
significant proportions; and indeed this supposition has
more to sustain it than the supposed destruction in battle.
The amount of Indian literature, as it is termed, still
in existence, is very great. The number of authors who
have exclusively treated of the Aborigines of the United
States, and of the southern portion of the Dominion of
Canada, may be counted by hundreds. Surely during the
last three centuries these Indians have not been neglected
by historians and chroniclers.
Congress appropriated and paid about eighty thousand
dollars for the labor of collecting and digesting "such
statistics, and materials, as would illustrate the habits,
present condition, and future prospects, of the Indian tribes.
of the United States," and received its information, I be-
lieve, in six large volumes.
For several years, ethnology has been endeavoring to
discover the origin, and peculiar characteristics of the
tboriginal race, and has been enthusiastically assisted by
skillful toilers in the various branches of science. Yet
with all the research necessarily given to the collection of
this mass of historical and scientific literature, the fact
that the original Indian population of our territory has
ever been extremely scanty, except possibly, within the
valley of the Columbia, has but recently been discovered.
An enumeration of this entire early population, either re-
latively or approximately, has not been attempted. It
would be considered very rash to assert that it is nearly, if
not quite as numerous as at the time of the first successful
HAS OUR INDIAN POPULATION DECREASED? 5
colonization upon our eastern border, especially since such
a statement would conflict with that "curious fact, that
savages waste away before modern civilization." Such a
statement would directly oppose the received opinion and
understood experience of the past century. We are told
that the New Zealanders, the Australians, the Hottentots
of South Africa, and the Moors of Barbary, are vanishing;
"that the Tasmanians have vanished;" that many of the
nations of the North American Continent have ceased to
exist, and that the red men are doomed to disappear. But
with the light which documentary history, and published
correspondence of a private nature, have thrown upon the
former condition of the aborigines, their slight punishments
at the hands of the whites, their subsequent wanderings,
and the varying political or social organizations, in which
they were included; from a careful consideration of their
habits of life, and the extent of country required to sub-
sist them, the assertion that this population has not dimin-
ished to any considerable extent, could be maintained with
a fair degree of plausibility, even if it could not be sup
ported by convincing argument. I am of the opinion, that
upon our own territory it has scarcely decreased during the
past two and one-half centuries,-if it can be considered
to embrace both the full and mixed bloods, whether within
or without present tribal relations. Or, to make the state-
ment more clear and emphatic, I believe that the Indian
population of the United States, as shown by the ninth
census, differs very little numerically from the actual ex-
isting Indian population of the seventeenth century.
The Smithsonian publication upon "Systems of Con-
sanguinity," prepared by the Honorable L. H. Morgan, of
New York, traces the migration of the United States
Indians from the valley of the Columbia river. It suggests
the probable courses, or routes of migration, followed by
those Indians who passed to the east of the Rocky Moun-
i
6
HAS OUR INDIAN POPULATION DECREASED ?
1
tains, and sub-divides them into two great families of na-
tions, called respectively, the Dakotan, and Algonkin fami-
lies. The Mobilian Indians of the South are attached to
the Dakotan branch. The Indians west of the Rocky
Mountains are classified as the Columbia, Shoshonee and
Apache families of nations, and the village Indians.
More than one hundred distinct nations are mentioned,
and the leading characteristics and recent movements of
many are discussed. Mr. Morgan's conclusions are gen-
erally accepted by the scientific world, and I am not aware
that any attempt has been made to overthrow them.
His work furnishes the only comprehensive history of
our Indian race yet prepared, and at the same time, it
gives much valuable information concerning its present
condition.
Many of the statements regarding population are ne-
cessarily based upon the opinion of others, for reliable
statistics cannot always be obtained, and therefore in some
cases his estimates of numbers are placed at too high a
figure. Numerical losses, which many of the nations have
sustained during the past two centuries, are also evidently
exaggerated.
He however discovers to us many of the lost tribes
living in new localities, and still within their former tribal
organizations. He follows the remnants of once powerful
nations, and finds them incorporated with kindred people
of other tribes, or existing as small bands under new appel-
lations. He has undoubtedly put an end to the wild
statements regarding Indian population which have been
so universal, both in this country and Europe, during the
last quarter of a century, and which cannot be better
illustrated than by quoting the language of Sir John
Richardson, recorded in the report of his journey from
Montreal to the mouth of the Mackenzie River.
He says
of the Crees and Chippeways: "They are identified as a
HAS OUR INDIAN POPULATION DECREASED ?
7
་
nation with the Algonkin, and Leni-Lenape, or Delawares,
who once owned the whole country east of the Mississippi,
as far south as Carolina, but who, blighted by the preco-
cious expansion of the Anglo-Saxon colonists, have dwin-
dled down to a few remnants of mixed blood.”
A great many of the facts which Mr. Morgan presents
in his work, are supported either by Indian tradition, or
by information acquired within the present century. The
character and numbers of those Indians inhabiting the
interior of the former Louisiana territory, were almost
entirely unknown until the expedition of Lewis and
Clarke, in eighteen hundred and four and five, passed
through the heart of that country. It is true, that for a
long time previous to that date, the fur trade was actively
conducted by many private individuals, and also by part-
nership enterprises; but those who communicated with
the Indians in the prosecution of that business, furnished
little information upon which reliance could be placed.
The factors of the great American fur companies were
about to enter the regions watered by the Missouri and
its tributaries. These men were shrewd, and intelligent,
yet undoubtedly in many instances very imaginative, but
they were competent to make important inquiries, and to
arrive at seemingly satisfactory conclusions; and through
them, much of our knowledge respecting the Indians with
whom they communicated has been derived. They often
varied materially in their conclusions upon the same sub-
ject, and as to population they differed widely. Indeed
the same individual was constantly changing his views, or
at least his report of estimates, when giving, upon differ-
ent occasions, the population of those tribes with whom he
was most intimately connected.
We possessed knowledge of the Indians of the Pacific
coast at an earlier date, although meagre, and from very
questionable sources. Long before the beginning of the
L.
8 HAS OUR INDIAN POPULATION DECREASED ?
i
present century, citizens of foreign nations were engaged
in trading along that coast. In seventeen hundred and
ninety, more than twenty vessels, part of which were
owned in Boston, were solely occupied in that business.
The natives were supposed to be very numerous from the
confused accounts which sailors rendered. Little that was
reliable could be obtained, until Lewis and Clarke reported
their discoveries upon the Columbia. Bonneville in eigh-
teen hundred and thirty-three added materially to the
stock of information, in the report of his journeyings
among, and at the bases of the Rocky Mountains. Lewis
and Clarke found thirty-four distinct tribes, or nations,
along the above mentioned river, but Bonneville ascer-
tained that the population to the west of the mountains
and south of that river, was exceedingly sparse.
On the coast of Lower California, missionaries had set-
tled as early as sixteen hundred and ninety-eight, and
missions were extended to the north, under the auspices
of the Jesuit, the Franciscan, and the Dominican orders.
They exerted considerable influence over that native popu-
lation, numbering some thirty thousand souls, and dwell-
ing between the forty-second parallel of latitude and the
southern point of the peninsula, and from the Sierras and
the Colorado River to the ocean.
The Indians of New Mexico, who have so long plun-
dered the extensive region between the Colorado of the
West and the forks of the Colorado of Texas, are increas-
ing in population. Crafty and warlike, they have for
three centuries held the territory over which they roam,
against the white man. They drove out from that country
the Spaniard, and the Mexican, and have successfully re-
sisted, until very recently, the attempts of the American
troops to place them in subjection. The number of Mexi-
can captives among them attest their success, and their
utter inability to understand the binding force of treaty
HAS OUR INDIAN POPULATION DECREASED?
9
stipulations is apparent from the frequency with which
they have made and broken faith with their neighbors-
the Pueblos.
The Comanches of to-day, differ little from their an-
cestors of the seventeenth century, who robbed and mur-
dered the inhabitants of the Mexican border, and who even
then mingled with their own wild rites and superstitions
a barbarous imitation of the mass. Those who entertained
La Salle on his voyage down the Mississippi River, would
doubtless compare favorably with their descendants, who
are now puzzling the agents of government in their en-
deavors to invent some method of treatment which will
secure their willing obedience. They should, from their
long contact with European civilization, be very much
wasted in numbers, but they are obstinate, and set natural
law at defiance. They refuse "to melt away as ice and
snow do at the approach of summer," and insist upon
perpetuating and increasing their species.
The population of the Missouri and prairie nations is
undoubtedly smaller than formerly. As a rule, strong
Indian nations increase, and those which are weak, dimin-
ish. The Ojibways, the Sioux and the Crows, are stronger
now than ever, while the Poncas, the Omahas and the
Missourias are represented by feeble communities. Many
causes produce this result. Frequent hostilities between
powerful and weak organizations, as between the Sioux
and Poncas, or the Sioux and Pawnees, make constant
drains upon the population of the weaker, which is not
replenished by natural increase. These weaker organiza-
tions, hemmed in as they sometimes are, within a small
section of country, are often without sufficient means of
subsistence ; or from continued residence in the same
locality, without change of camp, they invite by their filthy
condition the ravages of disease.
There is also an attraction for the young men of the
•
1*
10 HAS OUR INDIAN POPULATION DECREASED ?
weaker tribes to join with stronger societies; and for this
reason, the agents in the Indian territory have great diffi-
culty in keeping intact some of the smaller bands. The
Yanktons and Yanktonais are largely represented in the
hostile Sioux camp, and the Delawares, who wandered into
the State of Texas, resisted all attempts of the Govern-
ment to unite them with their own people. These causes
have affected the Indians of the Platte and Arkansas coun-
tries, who, though probably in diminished numbers, are
not by any means as depleted as commonly represented.
The Pawnees, who formerly roamed the arid plains
south of, and along the Platte River, have been reported.
within the past forty years, to number ten thousand, but
are now reduced to about twenty-five hundred. In the
days of their highest glory, four thousand warriors de-
fended a nation twenty thousand strong.
A little reflection would show how utterly incorrect
any such enumeration must be. An Indian population of
twenty thousand, which totally neglects agriculture, and
is deprived of the fruits of the earth, would require a herd
of at least one hundred thousand buffaloes for its subsist-
ence. Twenty or thirty thousand must be annually
slaughtered, and a great number retained for increase;
and one million of acres of those nearly barren plains
would hardly nourish them, even if economically herded.
How many millions of acres it would require to sustain a
sufficient quantity of buffalo to subsist twenty thousand
Indians, when the customs of the Indians and the habits
of the buffalo are properly considered, is a problem exceed-
ingly difficult of solution.
It has been said, that it requires six thousand acres of
land to support an Indian who follows strictly the hunter's
avocation, and the assertion can be stoutly maintained.
The territory embraced within the present boundaries
of the United States contains about twenty-three hundred
HAS OUR INDIAN POPULATION DECREASED? 11
millions of acres, and our estimated native population,
Alaska included, is three hundred and eighty-three thou-
sand; hence, the area of land in acres is six thousand times
as great as the number of our Indians. Scatter this popu-
lation throughout the country, and give to each person his
three miles square of land, would it be unreasonable to
suppose that the game would be exhausted in a series of
years, if that alone was depended upon for food?
The great majority of the native population which in-
habited that portion of our territory now known as the
plains and mountain districts of the west, subsisted on the
products of the chase. They were not agriculturists.
There are but few streams in that region from which fish
could be procured. That population must therefore have
been extremely scanty, and the stories of the early traders
in regard to their numbers do not contain an element of
truth. To this day the size of the wandering tribes is not
known. Agents make wild estimates, based upon the
statements of half-breed interpreters, or of whites long resi-
dent at their agencies, and whose convictions depend en-
tirely upon their feelings.
The estimates are embodied in their reports, and they
refer to them in succeeding years as being probably correct.
The thirty-five thousand Indians heretofore reported as in-
habiting Nevada, Utah and portions of Idaho, Arizona and
California, dwindle to eight thousand upon actual count;
and when a correct census of tribes in other localities is
taken, a great falling off in numbers will result.
Indians, when obliged to subsist on the game of the
country, generally separate into small communities, and
never remain in the same place for any length of time ex-
cept during the winter months. Large encampments can
be maintained only where the buffalo are plenty. In cer-
tain seasons of the year when the buffalo appear, the small
communities unite in large camps which break up and
t
12 HAS OUR INDIAN POPULATION DECREASED ?
divide after the pursuit of the buffalo is ended. It is com-
mon to see small bands of five, ten, twenty or thirty lodges
roaming the plains, or to see them encamped on the bank
of a stream where wood and water are abundant.
In a section of country where the native population was
great, the traveller would almost daily encounter these small
bands; but published accounts of journeys made forty
years ago in the heart of our western territory show us
that it was possible to pass from the Wind River Mountains
nearly to the mouth of the Platte, without meeting a single
Indian. The larger rivers of Colorado, of Utah, and of
southern Idaho were explored about the same time, and
but very few native inhabitants discovered. The Yellow-
stone River and its tributaries were descended with com-
parative safety though the cunning and hostile Crow war-
rior was a dangerous enemy to meet.
The territory between the Mississippi and Missouri
Rivers was, upon its first discovery, under the sway of the
Sioux, and allied nations, to whom reference has already
been made. They were even then pressing back adjoining
tribes. Migration to the east had ceased, and the tendency
of movement was in a westerly direction. The Crees were
leaving the Lake Superior region and looking for a new
home towards the setting sun. The Chippewas were en-
deavoring to wrest the banks of the Mississippi from the
Santee Sioux, and they in turn were crowding on their
Teton brethren. The latter were engaged in fixing the
boundary line of the Crows and Blackfeet along the base
of the great mountain range, and the Columbia River na-
tions had found an eastern barrier, beyond which they
found it impossible to advance.
As our information of the territory beyond the Missis-
sippi River-the greater portion of which is still unre-
claimed, and much of the same still unexplored—has been
obtained during the present century, our knowledge in re-
}
HAS OUR INDIAN POPULATION DECREASED? 13
gard to what is considered its native Indian population is
very incomplete. The aborigines who inhabited the country
east of that river, even those roaming along its banks, were
visited by whites more than two hundred years ago. It is
essentially the last mentioned population which is supposed
to be so fearfully wasted; for, it has been made to contend
with a vigorous Europeon civilization, which was con-
stantly encroaching upon it, as it moved slowly to the west-
ward. Erroneous opinions now entertained of a large
native population during the early colonial period, and the
positive knowledge of to-day, of the insignificance of the
present existing population which has descended from the
aboriginal tribes and nations, brings the conclusion of the
great decay.
As it is impossible, with all the carefully prepared data
furnished during the past ten years, to make a correct esti-
mate of the number of Indians now within the limits of
the United States, it is apparent that it would be difficult
to even approximately approach the strength of the eastern
Indians in the beginning of the seventeenth century, if
we alone rely upon recorded opinions, which vary so mate-
rially that we can not escape the conviction that many of
them had not the slightest foundation upon which to rest.
This is not to be wondered at; for should we consult
government official statistics of a recent date, we would be
involved in confusion. We there find that in eighteen
hundred and twenty-two, an Indian population of four
hundred and fifty-seven thousand is reported. In eighteen
hundred and thirty, that population numbered three
hundred and thirteen thousand. In eighteen hundred
and forty, it was four hundred thousand, and in eighteen
hundred and fifty-five three hundred and fifty thousand.
We therefore discover a loss between the years eighteen
hundred and twenty-two, and eighteen hundred and
thirty, of one hundred and forty-four thousand; and
A
14 HAS OUR INDIAN POPULATION DECREASED ?
between the years eighteen hundred and thirty, and eigh-
teen hundred and forty, a gain of eighty-seven thousand,
which is followed by a loss of fifty thousand in the suc-
ceeding five years. But the official reports of the War
Department during this time, show the estimated popù-
lation of the eastern Indians, and we can consider the
estimates nearly reliable. In eighteen hundred and
twenty-two, before Government had put in operation the
policy of Indian removal to the West, the eastern Indians
were said to number one hundred and twenty thousand.
In eighteen hundred and thirty-eight, the Commissioner
of Indian Affairs reported, that the total number of In-
dians with whom treaty stipulations had been made for
their removal to the west of the Mississippi River, was one
hundred thousand, of whom eighty-one thousand had
then emigrated. Treaties had not been made with In-
dians living without the tribal relation, nor even with all
those within the same. There were about twenty thou-
sand Indians not included in the report, so that the figures
of eighteen hundred and thirty-eight agreed with the
estimates of eighteen hundred and twenty-two. The
plan of removal and the expense attending it obliged the
War Department to know the number of individuals who
passed the Mississippi River under the provisions of
treaties, and the most of those reported probably entered
the new Indian country. The thirty-nine thousand still
remaining were much scattered-many of them living in
the populous States of the East. It was comparatively
easy to enumerate them. The number in the north-west
could not be determined with as much accuracy, but they
were well known, and not over-estimated to any great
extent. It is safe therefore to consider that the population
of the eastern Indians in the year eighteen hundred and
twenty-two was one hundred and twenty thousand. This
is the earliest reliable enumeration that I am able to ob
"
HAS OUR INDIAN POPULATION DECREASED ?
15
tain. From this date until the present time, the eastern
Indians can be followed in their migrations. The policy
of removal beyond the Mississippi River, once inaugurated,
was pursued through several successive administrations,
and in eighteen hundred and fifty-three, the Secretary of
the Interior announced that but eighteen thousand of the
aborigines remained east of that river. The announcement
must be taken with a grain of allowance, for the ninth
census reports thirty thousand in that portion of the
country. Of the ninety thousand removed, about sixty
thousand are under the care of the Government within the
present Indian territory, and a large part of the remainder
might be discovered after diligent search.
But it is sufficient for our purpose, if it is admitted
that the former population of the eastern Indian nations
has not, within the past half century, met with any great
numerical decrease. During the remainder of the discus-
sion upon the subject, it becomes unnecessary to refer to
very recent dates, except when an attempt is made to
trace the movements of particular nations or tribes, and to
discover their strength at different periods.
The question which presents itself, therefore, may be
briefly stated as follows, viz :-Did that portion of our ter-
ritory lying east of the Mississippi River contain an Indian
population numbering more than one hundred and twenty
thousand at the time of European colonization?
Thirty-five years ago, the historian Bancroft, after a
careful examination of authorities, placed the eastern In-
dian population in the first half of the seventeenth century,
at one hundred and eighty thousand souls. His enumera-
tion, he remarks, approaches and perhaps exceeds a just
estimate of the number then existing, and if we examine
official statistics, some of which are now generally accessi-
ble, we are led to conclude that many of his estimates are
too large. Historians. of particular nations however, writ-
1
1
16
HAS OUR INDIAN POPULATION DECREASED ?
ing at more recent dates, intimate that he has placed at
too low a figure the past population of nations whose deeds
they were endeavoring to commemorate, but produce little
authority to overthrow his calculations. Bancroft allows a
past population of ninety thousand to the Algonkin family
of nations, and a like number to the Dakotan division.
His conclusions in regard to the strength of the latter
branch are probably more nearly correct than his estimate
of the size of the former. In one of the early French re-
ports, transmitted to the home government in seventeen.
hundred and thirty-six, an enumeration of all Indians
claimed by that kingdom, as connected with the govern-
ment of Canada, is attempted. We find that the total
number of Indians capable of bearing arms, and inhabiting
the country lying along the St. Lawrence and Ottawa
Rivers; from thence west throughout the entire lake region
to Lake Winnipeg; thence south along the Mississippi
River, sufficiently distant to include by an eastern line the
former Cherokee country; thence north to Lake Ontario,
including part of the Five Nations, was placed at fifteen
thousand eight hundred and seventy-five warriors. Two
thousand of the Sioux nation are embraced in the calcula-
tion, and might be excluded. Supposing therefore, that
every five inhabitants could furnish one warrior, a fair pro-
portion, we shall have within the territory above described
less than seventy thousand Aborigines. Deduct from this
number the ten thousand Indians of the Huron and
Algonkin nations, dwelling north of the present United
States boundary, and less than sixty thousand remain;
and by making a further deduction of seven thousand one
hundred warriors, or thirty-five thousand inhabitants,
which this French report credits to the Cherokee and Iro-
quois nations, we find that the entire population of all the
Algonkin nations west of the Blue Ridge, and Alleghany
Mountains, was placed at less than thirty-five thousand
HAS OUR INDIAN POPULATION DECREASED? 17
souls. To the east of these mountain ranges, the Algonkin
population was little larger, as we shall hereafter attempt
to show, although it occupied the entire Atlantic coast
from the thirty-fourth parallel of latitude to our northern
limit of territory.
Sir William Johnston, who was in charge of the great
American Indian Department, reported officially in seven-
teen hundred and sixty-three, the fighting strength of
those Indians inhabiting the State of New York and north-
ern Pennsylvania, and of all that territory included within
the present United States lying north of the Ohio River,
and between the western boundaries of the States above
mentioned and the Mississippi River. He reports twenty-
one hundred and fifty warriors among the Six Nations, and
their allies living upon the Susquehanna, and nine thou-
sand one hundred and twenty among the remaining nations.
This fixes the number of Indian inhabitants within that
territory at fifty-six thousand.
The Six Nations composed of the former Iroquois, and
the Tuscaroras who joined them in the year seventeen
hundred and thirteen, are credited with a population of
nine thousand seven hundred and fifty. Bancroft gives as
the numerical strength of the Iroquois in the seventeenth
century, ten thousand people, and to the Tuscaroras seven
thousand. If he is correct, and Sir William Johnston's
report is reliable, the Tuscaroras had lost more than six
thousand of their number. This cannot be possible. Their
former condition has been romantically portrayed, and their
former importance overestimated. They were undoubtedly
much reduced before they removed to the north, but their
fifteen villages in Carolina were not as populous as gener-
ally supposed. If they were not larger than the villages of
Cherokees they could not have contained more than thirty-
six hundred inhabitants. Sir William Johnston finds up-
wards of nine thousand of the Five Nations proper, exclud-
18 HAS OUR INDIAN POPULATION DECREASED ?
}
ing those bands which had already removed from them.
Bancroft's estimate of their former strength can not there-
fore be exaggerated. He is strongly supported by French
and English authorities, dating from the middle of the
seventeenth century.
A French report of sixteen hundred and sixty-six con-
tains an account of nine Iroquois nations of small num-
bers, and Greenhalgh, who visited the Five Nations in the
year sixteen hundred and seventy-seven, admits that they
were able to muster twenty-one hundred and fifty warriors.
They attained their greatest strength about the middle of
the seventeenth century, at the time of the establishment
of the French missions among the Onondagas and Cayugas.
The Senecas were then friendly to the French arms, and
they were known to include within their organization
fully one-half of the entire population of the Five Nations.
The earliest missionaries among them do not estimate the
number of the Seneca warriors above twelve hundred.
We have more correct, and more complete information
regarding the Iroquois, than of any other portion of our
early Indian population. They had pushed their con-
quests over the native race in every direction.
Their war
cry had been heard from the New England coast to the
Wabash, and from Virginia far into the interior of Canada.
They had reduced a score of nations to submission, and
the resolutions adopted at their council fires might be
enforced in far distant regions. The important geograph-
ical position which they occupied, their strength and
determination, made them arbiters of the future of the
French and English colonies. They did more to arrest
French extension of empire in the north, than all other
human causes combined. Of them Governor Dongan said
in sixteen hundred and eighty-seven, "The five Indian
nations are the most warlike people in America, and are
a bulwark between us and the French and all other In-
HAS OUR INDIAN POPULATION DECREASED? 19
New England, in its last war
dians. They go as far as the South sea, the North-west
passage and Florida to war.
with the Indians had been ruined, had not Sir Edmund
Andros sent some of those nations to their assistance ; and
indeed they are so considerable that all the Indians in
these parts of America are tributary to them."
In the same year the French send to Europe their
complaints, and demand the destruction of the Iroquois.
They say that war against the latter is absolutely necessary
to prevent a general rebellion of the savages, which would
bring ruin upon trade, and extermination upon the colo-
nies. "An exterminating war will be a merit in the sight
of God, and for the glory of the King; for it will assist to
establish the faith in the west, and the King will have an
empire from the mouth of the Saint Lawrence to the
mouth of the Mississippi."
Louis listened to the complaint, and directed that a
force be put in motion sufficiently strong to subdue the
Iroquois warriors, which were placed at two thousand
strong. He further directed that the captives should be
sent to France for use in his galleys.
It seems incredible, that so small a nation could sweep
over such an extent of our northern territory, and hold in
subjection a large number of the inhabitants, who were of
the same race and of equal advancement. If the country
between the Ohio and the lakes was as populous as many
early reports represent it, those small wandering bands of
the Iroquois, which were frequently absent from their
villages on the war path, could not have escaped destruc-
tion. The Miamis and Illinois were allied, and they
boasted of large landed possessions. Had they been in any
considerable number, the Iroquois could not have wrested
from them and retained their territory.
It is extremely probable, that between our northern
coast States and the Mississippi, the Indians located near
20
HAS OUR INDIAN POPULATION DECREASED ?
the shores of the lakes and along the banks of the larger
rivers, and did not penetrate the interior except in pursuit
of food. That even there they were guided by the water
courses; for, prior to the introduction of the horse among
them, their movements must have been slow and tedious,
and they could not with safety separate themselves from
water. It is extremely probable, that their villages were
considered as permanently fixed, for without the horse or
some other beast of burden, any movement would have
been attended with great labor.
These conclusions are supported by the experience of
intelligent whites who could judge from observation. If
they are correct, do not the incidents connected with the
journeys of La Salle and the French Jesuits convince uz
of the insignificance of the Indian population? The
return of La Salle from the centre of the present State of
Illinois to Canada, along the rivers and lakes, and in the
winter, when Indians are collected in large bodies, and
the wanderings of those men who absented themselves
from his expedition, show that the country which he was
exploring was almost without population. Joliet emerged
from the mouth of the Wisconsin, and directed his canoe
down the Mississippi when that river was replenished with
the waters which the season of Spring bestows, and was
borne for many days upon its swift current, without detect-
ing any indications that the vast wilderness was inhabited
by man. From the mouth of the Wisconsin to the mouth
of the Ohio, he saw no Indians save a small band of the
Illinois. Hennepin, in his journey to the north, reports
and undoubtedly had, a different experience, although his
enemies assert that his statements bear the stamp of falsity.
The reader, after properly weighing these accounts, can
not escape the inference, that the great bulk of the Indian
population was in the north along the chain of lakes, and
that the country immediately south, extending we might
HAS OUR INDIAN POPULATION DECREASED ? 21
say, to the territory of the Southern Indians, could hardly
be considered inhabited. I am of the opinion therefore
that Sir William Johnston's estimate of numbers, men-
tioned on a preceding page, is large, and that the whole
north-west to the Mississippi boundary, did not even con-
tain a population of thirty-five thousand.
A great difficulty is met when we attempt an enumera-
tion of the Algonkins of the coast. Romance and history
have been artfully or unconsciously blended, and it almost
appears to us that the first white settlers were men of ex-
traordinary mould and surprising prowess, who forcibly
beat back into the wilderness the hordes of savages which
had determined upon their annihilation. In New England,
the great Captain Standish slew and spared not, until the
voice of the good Robinson was heard from across the
waters, deprecating the deeds of blood, and recommending
in their stead earnest Christian efforts for conversion. The
European emigrants of to-day, who are located upon our
Western plains, and whom the shadow of a passing Indian
affrights, can herein find examples worthy of emulation;
but it would be very mortifying to them to discover how
degenerate they are when compared with the lion-hearted
giants who preceded them in their journeyings, two and
one half centuries ago. We learn that two men prevented
by their efforts, the destruction of the English settlements.
-Miles Standish and John Eliot. The former by the appli-
cation of physical force spread terror among the natives,
and the latter, who as early as sixteen hundred and twenty-
eight, was deliberating upon the possibility of bringing the
heathen under the power of the Gospel, shortly thereafter
entered upon his mission, and subdued the savage passions
of members of contiguous tribes. Standish enforced submis-
sion through fear of speedy retaliatory punishment. Eliot
counselled obedience to the teachings of Christ, and taught
the brotherhood of man. These two men averted impend-
22
HAS OUR INDIAN POPULATION DECREASED ?
ing ruin. Without the one, our Pilgrim Fathers and their
children would have been destroyed; and without the ex-
ample and labors of the other, which were attended with
beneficent results, the English settlers would have been
driven by King Philip and his warriors, into the sea.
Such conclusions may reflect great credit upon our an-
cestors and exhibit in us a proper filial appreciation of
merit. But in attempting to reconcile the contemporane-
ous testimony of the past, one can not escape the belief,
that the number of the straggling, naked savages of New
England, has been magnified above all proportions. The
Indians were unfriendly to the whites and retired at their
approach. They left it to their Penobscot friend to extend
the hospitalities of their country, in that memorable brief
speech of welcome. We can not understand how an iso-
lated, wasted, and famishing colony numbering but fifty
souls, could become so firmly fixed upon the New England
shore, that the hostile natives could not dislodge it; or
how one hundred persons, composed of men, women and
children, could penetrate the country to the Connecticut
River, and in the midst of savage neighbors, separate and
successfully found, Hartford, Springfield, and Wethers-
field. I am unable to determine whether Captain Mason
with his eighty men, slew one hundred and eighty, or seven
hundred of the Pequods, in that battle which broke the
power of the Pequod nation.
Nor is one able to obtain any satisfactory information
regarding the numbers of the Indians of New England in
sixteen hundred and seventy-five, at the breaking out of
King Philip's war. When eminent historians vary so
materially in their estimates of its white population at that
time, how can any similarity of well matured opinions re-
garding Indians be expected. History is very undecided
upon the entire subject of population. New England may
have contained one hundred and twenty thousand whites,
HAS OUR INDIAN POPULATION DECREASED ? 23
as Marshall avers, or only fifty-five thousand, as Bancroft
maintains. The latter however introduces sufficient cir-
cumstantial evidence in support of his position to convince
the general reader. Now it is very strange, that when
statements concerning the white settlers are so irreconcil-
able, there should be unanimity of opinion in respect to
the Indian. Marshall, Bancroft, and Trumbull place the
number of Philip's warriors at three thousand, and the
entire native fighting force was assembled under his com-
mand, except the Praying Indians, the Mohegans, and a
portion of the Abenekis. He also drew from Eastern New
York, as far as the land of the Mohawks. Bancroft says
of this war,
"More than six hundred men, chiefly young
men, the flower of the country, of whom any mother might
have been proud, perished in the field. Of the able bodied
men in the country, one in twenty had fallen." From this
we infer, that out of a population of fifty-five thousand
whites, twelve thousand were capable of bearing arins.
Apply the same rule in proportion to the Indians, and we
find that three thousand warriors could be secured froin a
population of less than fourteen thousand. But how has
it been ascertained that Philip controlled a force of three
thousand men? They were never seen and counted.
They never met the whites in a general engagement.
They fought in small numbers and depended upon sur-
prise. The same band could attack at different points
thirty or forty miles distant, within twenty-four hours.
In less than one week it could pillage and murder on the
Connecticut River and on the Eastern coast. How then
could the number of his warriors be known? Were the re-
ports of the armed men opposing them received? They
would be remarkable for uncertainty. Was the estimated
strength of the tribes of Indians in hostility considered?
Correctness could not be attained in such computation.
New Hampshire and Western Massachusetts must have
24 HAS OUR INDIAN POPULATION DECREASED ?
counted, as do now our Western Indian census-gatherers,
for Connecticut in the days of the elder Winthrop, but
forty years before the war of Philip, claimed four thou-
sand native warriors. How then could the number be de-
termined? The difficulty seems to be settled by the asser-
tion that, "between two and three thousand were killed
or submitted."" To one acquainted with the modes of
Indian warfare, and who naturally supposes that the In-
dians made the act of submission through their chiefs and
representatives, and were not individually present at the
time of its consummation, the assertion is very unsatisfac-
tory.
But it might be well to ascertain the size of this
Eastern population at a more recent date. One century
later, Governor Tryon of New York made report and
expressed himself as follows: "The Indians who formerly
possessed Nassan and Long Island, and that part of New
York below Albany, are reduced to a small number, and
are so dispersed that no account can be taken of them.
They have generally been denominated river Indians, and
have about three hundred fighting men. The tribes of
Indians within the Province of Massachusetts, and the
colonies of Connecticut and Rhode Island, are in similar
circumstances with the river Indians, and the Stockbridges
living on the eastern border of New York, are in number
about three hundred. The Indians near Montreal, and
on the St. Lawrence number about thirty-five hundred."
What became of the thirty or forty thousand Indians of
New England, whom fifty millions of acres could not sup-
port? Did a single century destroy them and their de-
scendants? We are told that many perished in King
Philip's war; that many fled to the French in Canada,
and some to their brothers on the Hudson. That many
died during the war from starvation and exposure is
undoubtedly the case, although Indians have great tena-
HAS OUR INDIAN POPULATION DECREASED?
25
city of life, and are not easily overcome by the ills of the
flesh. A few fled to the friendly French country, and
but few, else they did not cease their flight until they put
the St. Lawrence between them and their enemies. The
rest of course decayed, and with astonishing rapidity; for it
is doubtful if three thousand Indians could be found within
all New England, at the time when Governor Tryon wrote.
A careful consideration of the habits of the New Eng-
land Indians in sixteen hundred, and the conditions which
climate and the scarcity of large game imposed upon peo-
ple following their modes of life, outweighs the uncon-
sidered statements of Europeans who early visited them,
when an attempt is made to approximately determine
population. Some of the nations rudely cultivated the
soil, and grew their winter's supply of corn; but the
majority of them depended upon the chase, and the sup-
ply of fish which the streams abundantly yielded. Game
was scarce and the territory limited, and they must have
settled on the banks of rivers, or the shore of the ocean,
for the purpose of obtaining their support. The sparse
population found in such localities, except along the coast
of Connecticut and Rhode Island, dispels our ideas of
great numbers. The climate was rigorous, and the win-
ters long and severe. The exposures to which the Indian
children were submitted, and the hardships which adults
were compelled to endure, together with the consequences
of tribal hostilities, prevented numerical increase. If New
England ever contained twenty thousand natives, it was
densely populated when compared with other portions of
our eastern territory. At the time the Puritans landed on
its coast, the Indians, wasted by pestilence, were too feeble
to make resistance, although of unfriendly disposition.
Disease must have visited the interior and rendered them
likewise weak, or the tribes could soon have gathered to
drive off the invader.
2
26
HAS OUR INDIAN POPULATION DECREASED ?
Of the Indians of eastern New York, Long Island and
New Jersey, the Dutch left few accounts; for they were
not interested in their condition, unless they possessed
valuable articles of trade. Prescott remarks, that "the
French missionaries took up their dwelling among the In-
dians without protection; they sought martyrdom: the
Spaniard came as the knight-errant, the Dutch came for
money, and the Saxon for a home." The Dutch trade,
first confined to its Indian Company, was finally thrown
open to all of the inhabitants. They resembled some of
the individuals with whom the West is now peopled, who
leave their morality and Christianity in their eastern resi-
dences, with the intention of returning, and assuming
former social and spiritual relations after the acquisition
of fortunes. They mingled familiarly with the natives,
and drove sharp bargains. Such conduct naturally pro-
duced unpleasant consequences, and terminated in strifes,
which the valorous Dutch maintained with loss to their
opponents. They relate, that in some of their engage-
ments, they slew as many as eighty Indian warriors. Du-
ring the forty years they retained possession of New Neth-
erlands, the Indian population decreased. Before their
arrival, the Leni-Lenape, and kindred people of the Hud-
son, had their masters in the Five Nations of New York,
and could not have been numerous. The Delawares alone
were able to make a formidable show of strength, and of
them we shall speak hereafter.
The Algonkins, to the south of the Dutch provinces,
were scattered and found in feeble bands, as far as the
country of the celebrated Powhattan Confederacy. Its
capital at Richmond, Virginia, the home of its distin-
guished chief, consisting in sixteen hundred and seven of
twelve lodges, gave law to the numerous people of the
confederated tribes, who had acquired a dislike for the
whites, as their coast had been plundered by the slave-
HAS OUR INDIAN POPULATION DECREASED?_27
traders for nearly a century. In the heart of this un-
friendly nation, and but a short distance from its capital,
one hundred Europeans planted a settlement, and were so
reduced in a few months by famine and sickness, that but
fifty remained alive. Of this fifty, but five able-bodied
men remained to guard the defences, and still they held
their post secure against the natives. The losses were re-
plenished from the old world, only to be reduced by
desertion and disease. In sixteen hundred and ten, the
colony numbered but sixty souls, and "these were so fee-
ble and dejected that if relief had been delayed but ten
days longer, they all must have utterly perished." While
this colony bravely maintained its position, the Indian
tribes plotted for its destruction. Its wanderers in search
of food were cruelly murdered.
The relentless savages hung upon their footsteps if they
emerged from their palisades. In the meantime, Captain
John Smith, with twenty sturdy followers, attempted an
exploration of the land, and was unsuccessful, only because
his little army separated into independent columns, which
were overpowered by their enemies. He made a subse-
quent attempt, and reached the mouth of the Susquehanna
River, from whence he returned in triumph to Jamestown.
During this expedition, Smith met many Indian tribes
which he vanquished and reduced to submission, and
then sought their friendship and alliance. Upon the
arrival of Lord Delaware, the condition of the colony com-
menced to improve, and to increase in numbers. It
grew to seven hundred men, extended itself, and drove
back the Indians, whose lands it forcibly appropriated.
From sixteen hundred and seven to the time of Rolfe's
marriage in sixteen hundred and fourteen, the native
population warred against the intruder, but without suc-
cess. Its numbers were great, and the warriors could be
counted by thousands. Within sixty miles of Jamestown,
28 HAS OUR INDIAN POPULATION DECREASED ?
there were five thousand Indians, and the banks of the
Potomac, Rappahannock, and other large rivers of Vir-
ginia, were thickly populated.
Such and similar accounts, history records as truth,
and permits the reader to reconcile the inconsistencies as
best he can. History proceeds in its deception, and not
only receives within its elastic folds, the unrestrained state-
ments of imaginative persons, which posterity has pre-
served, and which the evidences of circumstances over-
throw, but it so presents supposed statistical facts, as to
give color to those statements, and the deception can not
be detected, unless a careful analysis is made.
Immediately following the narration of the Indian out-
break of Virginia, in sixteen hundred and twenty-two, is
given the number of the white inhabitants of the colony.
The London Company sent out nine thousand people, and
still the population in the year above mentioned was but
eighteen hundred persons. Bancroft however speaks more
guardedly, and says, "A year after the massacre there
still remained two thousand five hundred men; the total
number of the emigrants had exceeded four thousand."
These figures must be in a great part, matter of conjec-
ture. A loss of six thousand in the colony in fifteen years,
could not be accounted for, except on the supposition that
the action of the Indians produced it. A loss of fifteen
hundred could be mostly attributed to natural causes.
The colony extended itself upon the lands lying along the
rivers, where the deadly miasma would rapidly diminish
its numbers. The first three years' experience at James-
town, show what destruction the diseases of that climate
can accomplish upon emigrants from a healthy European
country.
A candid examination of events convinces us that Vir-
ginia contained but few of the aboriginal race, even if the
extended territory necessary for Indian subsistence is un-
HAS OUR INDIAN POPULATION DECREASED? 29
considered. Forty or fifty sick men, within rude fortifica-
tions of hasty construction, (and we can imagine them ex-
tremely rude, if we take into consideration the character
of the first Virginia immigrants,) could not maintain their
position against hundreds of hostile savages for successive
months, notwithstanding the latter had only weapons of
their own manufacture. Days and nights of painful watch-
ing and waiting depress the spirits of the most determined,
precedes despair, which is followed in turn by submission
to what seems an inevitable destiny. Neither could eigh-
teen hundred, nor twenty-five hundred men furnish need-
ful protection to the settlements of Virginia, and at the
same time exterminate, drive out, or subdue, a numerous
native race, furnished with fire- arms of as good pattern as
they themselves possessed. That the Indians had many
European arms when the war inaugurated by Powhattan's
successor was waged, has been placed upon record as a
fact; and that they obtained them in trade with the whites
as early as sixteen hundred and seventeen, appears evident
from the prohibition contained in our first colonial inter-
course law, issued by Governor Argal, in which it was for-
bidden to "any person to traffic privately with the Indians,
or teach them the use of fire-arms, under the pain of
death."
We might descend in Virginia history, through the ad-
ministration of Governor Jeffreys, and discover many ac-
counts, equally as marvelous and as difficult of comprehen-
sion, if the belief in a numerous Indian population is
entertained. We intend no disparagement therefore to
the memory of the great Powhattan Confederacy, when we
state our conviction that it never contained ten thousand
individuals. It would be to its credit rather to place its
numbers at a lower figure, and to represent it as too weak
and scattered to resist the feeble attempts of the whites
during the early years of colonization, or to allay the
30 HAS OUR INDIAN POPULATION DECREASED ?
fears which seized it at the approach of the Mohawk
warrior.
To the Southern nations, namely, the Gulf nations,
and the Cherokees, Bancroft allows at the beginning of
the seventeenth century a population of fifty thousand,
and says, that since that time their population has in-
creased. Early information regarding them is very meagre.
The Spanish and French missionaries in Florida and
Georgia knew little of the interior. Some of the state-
ments might be as worthy of belief as the sad story of the
extinct Hatteras tribe, which in the days of Sir Walter
Raleigh had twenty thousand people, and lost all but one
hundred of them in a century and a half. De Soto, in his
expedition along the Southern coast, from Tampa Bay to
the Mississippi River, during fifteen hundred thirty-nine
and forty, found a number of small Indian villages, and
quite a city upon the site which Mobile now occupies;
but he did not penetrate into the interior of the continent.
At the beginning of the eighteenth century, when French
colonization in the South was begun, the wars between
the Choctaws and the Chickasaws had produced deadly
enmity between the representatives of those nations, and
the Chickasaws excluded the French from their territory.
The Spanish priests in Florida had gathered the Indians
of the peninsula into towns and villages, and ´were endeav-
oring to impart to them the benefits of a European civili-
zation; but they were confined in their labors to a small
section of the Spanish possession. When hostilities between
the English and Spanish colonies broke out, it was possi-
ble for Carolina to summon one thousand Indian warriors
to its assistance, and Florida could count its native allies by
hundreds. It was possible for the French to call twelve
hundred Choctaw warriors to aid in the proposed chas-
tisement of the proud Chickasaw nation, and that nation
was able to resist the invasion, and to drive back the
HAS OUR INDIAN POPULATION DECREASED?
31
combined force. It would seem then, that the Southern
portion of our territory, east of the Mississippi River, had
a large native population, and that Bancroft's estimate
is not an exaggeration. Within this section, if anywhere,
the presence of great numbers would be expected. Here
a warm and genial climate protected infancy, and gave
comfort to the sick. A luxuriant soil returned an abun-
dant harvest of corn for the seed carelessly planted, and
nourished a great abundance of game. Winter did not
compel a summer's labor on the part of the inhabitants,
and famine and frost had no victims.
Thus have we hurriedly considered the Indians who
roamed over the eastern portion of our territory, and briefly
noted the suggestions which arise in the mind, in regard
to their strength. When we study their habits of life, and
the relation which they sustained to the French, English,
and Spanish colonies, does it not seem that Bancroft
might have made a great reduction in his estimate of one
hundred and eighty thousand, and supported it with equal
consistency? If to the Algonkin nations there should be
allowed for population, sixty thousand, and to the Dakotan
nations, after deducting the Sioux tribes which voluntarily
crossed the Mississippi, sixty-five thousand, would the esti-
mate appear to be too greatly reduced? Upon such a
basis, the population of the Algonkin family west of the
Alleghany Mountains could be placed at twenty-five or
thirty thousand; and the nations of that family east of the
same at thirty thousand; the Five Nations of New York,
and the Tuscaroras, at thirteen thousand, and those of the
Gulf, with the Cherokee included, at fifty thousand.
We will again recur to the eastern Indian population
of eighteen hundred and twenty-two, which we know to
have been about one hundred and twenty thousand, and
ask how supposed great losses in numbers can be accounted
for. We wish to discover the causes of this great decline
32 HAS OUR INDIAN POPULATION DECREASED?
or decay of population, and ascertain how effective they
have been in producing supposed results. Any definite
determination is of course impossible, but many long ex-
isting fallacies may be exploded. The mere presence of
the European does not produce a miraculous blighting
effect upon Indians. The white man's food does not in-
stantaneously kill, nor does it shorten their span of life.
On the contrary, they thrive admirably upon it, and the
wild tribes of to-day which government is feeding, furnish
sufficient proof of the fact. The European injures them,
because he limits the hunting grounds, and assists to de-
stroy the game, their chief subsistence. Distress and fam-
ine may follow, unless they remove into the wilderness, or
become tillers of the soil and depend upon the earth for
nourishment.
But it may be said that the European brought pesti-
lence. Undoubtedly he is responsible in a certain degree.
for its frequent recurrence, but the results of its ravages.
were apparent when he reached the American shore. In-
dians never attained that purity and simplicity of living
which defies disease, and European intercourse was not
necessary to originate it among them. Those contagious
and infectious diseases, which medical skill has partially
placed under its control, and which occasionally visit
white communities, are particularly severe upon our
Indian race. During the year eighteen hundred and
seventy-three one-ninth of the Santee Sioux of Nebraska
died of small pox. That contagion swept away great num-
bers in eighteen hundred and thirty-two. It will never be
known how serious have been the consequences of commu-
nicated maladies, or pestilence in its varied forms, to the.
aborigines; but that they have been sufficient to prevent
much increase in population, or to periodically cut off in-
creased population, can be believed. The plagues of
Europe appeared to have almost depopulated sections of
HAS OUR INDIAN POPULATION DECREASED ? 33
country. Towns and cities were scourged, until the re-
maining inhabitants seemingly constituted but a small
fraction of former numbers; yet a few years of ordinary
health and prosperity restored the wasted strength, and
brought society to the condition attained before it was
visited by malignant disease. So with our native stock;
pestilence has sought it, and destroyed the accumulated
increase of favorable periods. A few strong nations are
brought low, while others escape, and in a short time the
united population is found to vary little from that of a
preceding century.
Another supposed cause of Indian numerical decrease
is war. As a rule, distinct races of men, when brought in
contact, contend for the possession of territory. Antipa-
thies of race add energy and cruelty to hostilities, which
continue until terminated by the submission, removal, or
extinction, of one or the other of the combatants.
Impressed with this fact, which universal history sup-
ports, and which the philanthropist ascribes to the moral
weakness, depravity, or degeneracy of humanity, and not
to natural law, we think of the poor Indian as forcibly
driven from his home through great tribulations and
slaughter, and bemoaning in his present exile, departed
glory and past importance. Or, remembering the un-
christian contention of the Christian colonies settled
within the land, and the base uses which they made of
Indians as allies, we are prepared to believe, upon slight
investigation, that great destruction of Indian life ensued.
We forget, that before the European undertook the task
of native subjection, or before he attempted to give direc-.
tion to the impulse of savage passion, the Indian nations
were engaged against each other in open, relentless wars.
-Irving, in speaking of the traditions concerning the con-
tests between the Sioux and Cheyennes, remarks, that
"there appears to be a tendency to extinction among all
2*
34 HAS OUR INDIAN POPULATION DECREASED ?
1
the savage nations, and this tendency was in operation
long before the advent of the white man." Iroquois and
Huron, Mohawk and Mohegan, Choctaw and Chickasaw,
Pawnee and Crow, Chippewa and Sioux, were arrayed
against each other in uncompromising hostility. Tribes
were constantly provoking each other's enmity, and
severing the rude national organizations.
New combinations or affiliations were continually being
made, and small bands were being scattered never to be
re-collected. The entire population, uncivilized, unsettled,
and divided against itself, expended its surplus energy in
violation of moral law, in deeds of atrocity and blood.
At the approach of the European, it was necessary to com-
bine. As he slowly but steadily advanced from the ocean
shore toward the interior, firmly grasping in his progress
the hereditary possessions of the Indians, the latter were
obliged to force him to retreat, or else to retire before him.
The situation compelled a healing of long nourished ani-
mosities, in order that they might unite for the struggle.
“The advent of the white man" therefore, arrested "the
tendency to extinction," which was in operation before his
arrival.
What now, we ask, was the result of this struggle upon
Indian population? Did it produce a greater reduction
than the natural increase would be likely to supply? Or,
to give a broader signification to the question, we will ask
whether or not the battles between the whites and Indians,
and the battles between the opposing colonists in which
Indian aid was employed, materially reduced our native
population? The question admits of considerable discus-
sion, because of the dearth of accounts, or rather positive,
historical statement. We will refer to particular instances,
in order to show how erroneous prevailing opinions are, in
regard to the destruction of Indian life consequent upon
European interference. The Cherokee nation for instance,
HAS OUR INDIAN POPULATION DECREASED ? 35
is understood to have received fearful punishment at the
hands of the whites, upon three different occasions :-in
seventeen hundred and sixty-one, in seventeen hundred
and seventy-nine and in seventeen hundred and eighty.
The injuries received in seventeen hundred and sixty-one
are generally stated to have been an overwhelming defeat,
the destruction of the middle settlement, and the wasting
of the country to such an extent that the nation sued for
peace, which it obtained by the ratification of a treaty.
Loss of life must have been slight, or the speedy recupera-
tion which followed would have been impossible. In the
engagements of seventeen hundred seventy-eight and nine,
the Cherokee loss is thus stated, in a communication writ-
ten by Jefferson addressed to Gen. Washington: "The
damage done them was killing half a dozen, burning eleven
towns, twenty thousand bushels of corn, and taking so
many goods as sold for twenty-five thousand pounds."
Referring to the last mentioned punishment, Jefferson thus
describes it in a letter dated February 17th, 1781: "The
militia of this State and North Carolina penetrated into
the Cherokee country, burned almost every town they had,
amounting to about one thousand houses in the whole,
destroyed fifty thousand bushels of grain, killed twenty-
nine and took seventeen prisoners." From these reports it
appears that the Cherokees lost but thirty-five of their peo-
ple in two invasions which devastated their country.
In seventeen hundred and seventy-nine, General Sulli-
van, in command of a body of troops numbering four thou-
sand, undertook to chastise the Six Nations of New York.
He was but slightly resisted at Chemung and Newton and
found their villages deserted. After destroying their abodes,
their fruit orchards and stores of grain, he retreated.
Here were two powerful and warlike nations, which
could not be forced into regular engagements when even
their country was invaded, and houses destroyed; but after
36 HAS OUR INDIAN POPULATION DECREASED.?
the manner of Indians, they retired at the approach of
armed bodies, ready doubtless to strike, when they thought
success might be obtained without much danger to them-
selves.
But how did the French and English allies conduct
themselves, and did they make attacks or resist those of
the enemy, in honorable warfare? Montcalm's Indians
were useful when concealed by timber, or rude breast-
works, and they delighted to slaughter a conquered and
unarmed foe. Sir William Johnston with his thousand
Iroquois, might have furnished substantial aid to Amherst,
in the progress of his march to Montreal, had he sooner
joined him, but could do little after that city was invested.
The French, who controlled the entire native population
of the North and West, except the Six Nations of New
York, strengthened the small garrison at Fort Du Quesne
with a large body of Indians, who deserted at the approach
of the English, and without waiting to contest the position.
Upon the capture of the fort, the Indians, from the lakes
to the Ohio, transferred allegiance to the British crown.
In seventeen hundred and fifty-nine, the French garrison
at Niagara, deserted by its Indian allies, found itself too
weak to make resistance, and was obliged to capitulate.
Such instances might be multiplied; but the foregoing
recitals sufficiently illustrate the peculiarities of Indian
warfare, and direct attention to the fact which is intended
to be presented, namely that our engagements with Indians
have not materially reduced them. In the long desultory
war between the New England colonies, and the French
of Canada, and their native allies, which continued from
sixteen hundred and eighty-nine, until seventeen hundred
and twenty-six, with only the temporary suspensions pro-
duced by the treaties of Ryswick and Utrecht, very few
Indians were slain, though many white people were butch-
ered. The French sent small expeditions, consisting of
HAS OUR INDIAN POPULATION DECREASED ? 37
not more than five hundred men into the heart of the Iro-
quois country, and compelled declaration of future peace;
but those Indians characterized as that perfidious "people
from whose promises we have nothing to expect but murder
and treason," broke faith upon the withdrawal of force,
and renewed allegiance upon a new invasion. In sixteen
hundred and eighty-eight, eight hundred Seneca warriors,
"skillful in the use of the gun, and all well armed," as-
sisted by the Governor of New York, attempted to drive
off a French force which had landed on the southern shore
of Lake Ontario, and although they are reported as having
fought valorously, appear to have been easily scattered
without suffering sufficient loss to make the battle memora-
ble. The former influence and advancement of the ex-
tinct Natchez nation, was glowingly described by early
travelers, and its fame was spread abroad throughout
Europe. Montesquieu thus speaks of its customs in his
Spirit of Laws :-" Their chief disposes of the goods of
all his subjects, and obliges them to work and toil accord-
ing to his pleasure. He has power like that of the Grand
Signior, and they cannot even refuse him their heads.
One would imagine that this is the great Sesostris." The
destruction of such an important nation by war, would
furnish support to an argument that the whites caused
great loss of life among the native race. But when the
position and relations of this Natchez band dignified by the
name of nation, to surrounding Indians is considered, its
importance dwindles into insignificance. It was destroyed,
but few of its people were killed. They were scattered,
and sought asylums with other nations, with which they
remained. Their misfortunes were not the result of open
determined hostilities on their part. They were surprised
by the French and Choctaws, and defeated before they
could prepare for resistance, and like the Tuscaroras in
Carolina, they were unable to escape their fate.
38
HAS OUR INDIAN POPULATION DECREASED ?
Our national expeditions against Indians, from the
foundation of the Government to the present day, have not
resulted in serious Indian casualties, except in two or three
instances. Such a statement appears rash, in view of the
fact, that during the first six years of our national existence,
the western frontier was in a state of constant alarm; and
more than ten millions of dollars were expended in at-
tempts to conquer a peace. The victories of Wayne led to
an adjustment of difficulties, but did not put an end to the
labors of foreign emissaries, who, as President Adams
intimates in one of his messages to Congress, were engaged
in attempts to excite the native population to continued
hostilities. Their labor finally ceased some time after the
ratification of the treaty of Grenville, and an almost unin-
terrupted quiet was maintained until eighteen hundred
and twelve. President Jefferson, in his first message,
speaks of the improved condition of the Indians, and their
increasing numbers; and in his third message, he is
pleased to call attention to their advancement in civiliza-
tion. The war of eighteen hundred and twelve again
brought the Indians in opposition to the federal armies.
Great Britain, says President Madison, turned the savages
against us in every possible quarter. While the policy of
the United States invariably recommended "and pro-
moted civilization among that wretched portion of the hu-
man race, and was making exertions to persuade them
from taking either side in the war, the enemy has not
scrupled to call to his aid their ruthless ferocity, armed
with the horrors of those instruments of torture which are
known to spare neither age nor sex." The war was of
short duration. The ninth article of the treaty of eigh-
teen hundred and fourteen, between Great Britain and
the United States, restored the Indians to all the posses-
sions, rights and privileges which they enjoyed, or were
entitled to, in the year eighteen hundred and eleven.
HAS OUR INDIAN POPULATION DECREASED?
39
Those in the Northwest probably suffered more from star-
vation, after they were abandoned by Great Britain, than
during the war, from the bullet of the enemy.
Since eighteen hundred and twelve, the Black-Hawk
and Seminole wars, among our Indian disturbances, alone
seem vested with importance. The latter, prosecuted for
seven years at a reported expense of thirty million of dol-
lars, is said to have reduced the Seminole population from
five thousand to three hundred. The most reliable ac-
counts, however, seem to place the number of the Semi-
nole warriors, at the breaking out of that 'war, at about
seven hundred, of whom a considerable portion were
escaped African slaves. The three hundred supposed to
have remained, have increased to twenty-four hundred, as
present statistics show-an increase too rapid to be easily
comprehended.
The Indian loss in battle with the whites, since seven-
teen hundred and eighty-nine, might fairly be placed at
about six thousand-certainly not above eight thousand.
Both Harmer and St. Clair were defeated and routed at
a cost, to the Indians engaged, of not more than two hun-
dred men.
Their defeat by Wayne could not have taken
from them more than three or four hundred warriors, even
if one-fifth of their fighting force fell. Still our Indian
engagements have produced sufficient political excitement
to make and unmake Presidents, and have governed popu-
lar favor, to a certain extent, in the bestowal of its praises.
"Who killed Tecumseh ?" It is as difficult to make in-
telligent reply to the inquiry, as to ascertain whether or
not Generals Coffee and Jackson destroyed in battle one
thousand of the Creek nation.
Our expeditions have, for the most part, been either
unsuccessful, or have terminated without the accomplish-
ment of desired results. The difficulty has not been found
to exist in the incapacity of the white man to cope with
40 HAS OUR INDIAN POPULATION DECREASED ?
this opponent, when brought face to face, but in his in-
ability to force the latter to openly contend with him.
Indians cannot be driven into engagements, unless they
are able to overwhelm the enemy by numbers, or to main-
tain great advantage by reason of concealed or covered
positions; and then only when a safe retreat is possible.
If surrounded, they can make desperate defence to avoid
death or captivity. The natural instinct of self-preserva-
tion will, in such an event, give them the courage of de-
spair. Yet they are not wanting in individual bravery.
It is their inability to cement force, and to unite in
that concert of action, wherein the constituent parts are
supported and propelled by each other, that renders them
powerless before a well organized and well disciplined foe.
Their past success has been mainly due to their cunning
and deceit. They depend for conquest upon treachery
and surprise. Their butcheries at Montreal, in New Eng-
land, New York, Virginia, Carolina, on the Mississippi,
and more recently in our central States, and in the North-
west, all alike seem to show that they possess these iniqui-
tous qualities, and in so remarkable a degree, that they
might almost be considered characteristics of their race.
In the exercise of these qualities the European has not
shown himself a match for the native. He has seldom
been able to anticipate him in fraud, or to detect him,
until after the injury contemplated was received. He has
generally found him an enemy, who disappeared the
moment a blow was struck, and who was ever present
when vigilance was allowed to sleep. The former hath
slain his thousands, but the latter his ten thousands.
Such has thus far been the result of the long contest
between these antagonists..
The subject of past population admits of another
method of consideration, If the strength of distinct
Indian nations at different periods can be ascertained, or
1
HAS OUR INDIAN POPULATION DECREASED ?
41
to present the matter in its most simple form, if we can
determine approximately the strength of certain nations at
the time when our earliest information regarding them
was obtained, and at the present day, we can decide with a
considerable degree of accuracy, the effect which European
communication has produced. In following an individual
people with such an object in view, it will be necessary in
some instances, to search for scattered bands, broken from
what we know as the original organization; also to seek
out persons who have united with kindred or alien tribes,
either from accident, marriage, or from other causes.
Take as an example the Delaware nation, which is sup-
posed by many to have been once great and powerful. It
has been in direct contact with the Europeans and their
descendants for the last two hundred and fifty years. It
has always occupied the border of civilization, and retired
slowly before its advance. It is the nation which first ex-
perienced the Quaker Indian policy of government, and to
which William Penn announced the truth of the unity of
man. With it, the colonies made many treaties, and our
statute books record nineteen, which the several senates
have duly ratified and confirmed. To it "Ministers
Plenipotentiary" were sent nearly a century ago, to enter
into "a treaty of alliance offensive and defensive,” and it
was counseled to unite its energies, become the head of a
great confederacy, and demand representation in Congress.
These ministers made promises which would now be con-
sidered very difficult to fulfill. They promised to open a
brisk trade with the Delawares, and to furnish them with
"an intelligent, candid agent, with an adequate salary;
one more influenced by the love of his country, and a con-
stant attention to the duties of his department by promo-
ting the common interest, than the sinister purposes of
converting and bending all the duties of his office to his
private emolument." The agent was found and forwarded,
}
!
42 HAS OUR INDIAN POPULATION DECREASED ?
but how long, through personal suffering, and vicarious
sacrifice, he maintained his position, is unknown.
Now, what was the condition and strength of the
Delawares, and what section of country did they occupy,
when first known to the whites? They roamed over New
Jersey and eastern Pennsylvania. They had been con-
quered by the Iroquois and remained tributary to them.
Their strength could not therefore have been above three or
four thousand, and as their national organization had been
sundered, the bonds which held them together had been
weakened, and the work of disintegration, ever since active
among them, was even then in progress. For sixty years
before the arrival of Penn, the English, Dutch and Swedes.
had been trading with them, and undoubtedly wrought
demoralization. The coming of the Friends pushed them
back to the Susquehanna, and subsequently they retired
beyond the Alleghanies to the head waters of the Ohio.
They became the allies of the French, and took an active
part in the long continued border warfare, which was
terminated by the treaty of Paris in seventeen hundred
and sixty-three. At this date Sir William Johnston re-
ports the number of their warriors at six hundred. They
served the English in the Revolutionary war, and after its
termination made peace with the United States and settled
in Ohio. From thence they were removed to Missouri,
thence to Kansas, thence to the Cherokee country, where
they still remain. Those of them occupying the reserva-
tion in the Indian Territory number, at the present time,
a little more than one thousand.
This people therefore seem, upon casual examination,
to have experienced a loss of population in two and one-
half centuries, of from fifty to seventy-five per cent; but
when we look carefully into their history we shall dis-
cover, that a large portion of the loss has either been
absorbed by the white race, or has served to increase the
HAS OUR INDIAN POPULATION DECREASED ?
43
strength of other Indian nations. In their movements to
the west they travelled in straggling bands, and some
of their population remained permanently behind. Penn-
sylvania has a few representatives, known and denominated
as Indians, and also a few inhabitants slightly tinged with
the blood of the native. Many of the Delawares, through
the labors of Moravian missionaries, became Christians,
and separated themselves from their heathen brethren.
Some of the latter joined the hostile Indians to the north
and west, and others wandered to distant portions of
the country. As early as seventeen hundred and ninety-
three, a small band had passed beyond the Mississippi, and
obtained permission of the Spanish Governor to occupy
territory. Under the treaty of eighteen hundred and eigh-
teen, by which the Delawares agreed to enter Missouri,
only a portion left the State of Ohio; the remnant re-
mained until eighteen hundred and thirty. Under stipu-
lation of more recent treaties, the United States has offered
them citizenship, and given them lands in severalty. These
constant changes of place, joined to the influences which
have been brought to bear upon this nation, have scattered
it far and wide. Its people may be found on the Susque-
hanna River, and in Central Texas. It is but a few years
since the government endeavored to induce two or three
hundred of them to sever their connection with the
Southern Indians, and join their relations in Kansas.
They may now be found with the Kiowas and Comanches,
and can recite the traditions of their ancestors, who came
from the shore of the great ocean of the East. The nation
has nearly disappeared, but the descendants of its former
representatives are numerous.
The Delawares have been selected to illustrate the sub-
ject under discussion, because they are commonly referred
to as well nigh extinct, by those who endeavor to maintain
the theory, that our former Indian population has been
•
44 HAS OUR INDIAN POPULATION DECREASED ?
rapidly disappearing. We wish now to make a brief state-
ment in regard to other nations which are still compara-
tively numerous, in order to show that they have increased
with as much rapidity as the smaller nations have declined.
The Cherokees, for instance, number more than thirty
thousand, and eighteen thousand of them are living upon
their reservation in the Indian Territory. In eighteen
hundred and twenty-seven, the statistics of the War De-
partment placed their numbers at thirteen thousand five
hundred and sixty-seven. They have probably doubled
their population within the past century. The Creeks,
Choctaws and Chickasaws have also largely increased, but
not in an equal ratio. The Ottawas and Chippewas number
more than twenty thousand, while the Six Nations of New
York seem to have neither increased nor diminished in
population since first known. There are nearly seven
thousand of them within the United States, and probably
from three to five thousand within the Dominion of Canada,
all living within the tribal relation. A few have withdrawn
from their people, and are pursuing their interests in the
paths of civilized life.
Should each particular Indian nation of the United
States be traced in its movements, from the time it was
first known to the Europeans to the present day; should
its decrease by sickness and famine be carefully weighed
and estimated; should its casualties in the conflicts with
the white intruder be reasonably determined, and its natu-
ral increase properly considered, the investigation would
lead to the conclusion, that loss in population in particular
instances, is balanced by a corresponding gain among the
more important Indian organizations.
As already stated, many of the feebler nations have
declined, while the majority of those which were strong
have received accessions and increased. The total of the
present native population differs little numerically, from
HAS OUR INDIAN POPULATION DECREASED ? 45
that which existed when the whites began their first en-
croachments.
We have been forced to this belief by an examination
of authorities, and a consideration of attendant circumstan-
ces. It may be carried to an erroneous extent, but if it is
conceded that the Indians, instead of wasting away before
a vigorous practical civilization, in some mysterious man-
ner, have only been affected by direct physical causes,
which have not been sufficient to produce a remarkable
diminution in numbers, our chief purpose in this chapter
will be attained. We merely wished to point out the fact,
which the events of the past conclusively establish, that
the Indians are not likely to soon decay and disappear from
our midst, but are destined to remain with us for many
future generations. The existence of the former Eastern
nations, in increased numbers, after their experience with
the white man during two hundred and forty years, makes
that fact too plain for contradiction.
•
How are the United States affected by this peculiar
race? Evidently, a long continued care and control, on
the part of the general government, must be expected.
What the nature and extent of the supervision should be,
seems to be now as little understood as it was fifty years
ago. The opinions of eminent men upon this subject vary
wildly. The great Indian problem is not yet solved. Its
difficulties are as puzzling as ever. Past experience fur-
nishes no definite rule to guide future conduct. It is
therefore unsatisfactory, or new combinations of circum-
stances have arisen which require different action. We
intend to glance at the past and shall attempt to discover
some of its teachings. We shall endeavor to ascertain why
former and existing methods have not produced desired
results, and why the Indian cannot be speedily brought
into the path of civilization, and into the marvelous light
of Christianity.
:
-
V
·
CHAPTER II.
COLONIAL INDIAN POLICY.
NATIONAL legislation reflects the condition and senti-
ments of a people. Laws prescribed by kingly decree,
or enacted by popular assemblage, alike indicate the limit
of intellectual and political advancement which a nation
has reached. But it is when we study the foreign policy
of a government that we ascertain with certainty the extent
of its true development in morality and Christian civiliza-
tion; for we find embraced therein its knowledge of na-
tural law, and can discover in many instances how far
selfish interest is controlled by a sense of justice in the
determination of positive human right.
The policy pursued by European governments towards
the aborigines of the American continent, furnishes a very
faithful representation of European opinion, concerning
responsibilities under the law of nature, as applicable to
national action. It shows how that law was understood.
Its frequent modifications mark in a certain degree the
rapid advancement of Europe, in a knowledge of the cor-
rect relation of prerogative and privilege, and an under-
standing of those absolute rights which belong to every
individual of the human race of whatever name or tongue.
The Spaniards began their conquests and colonization
in the new world at too early a period. Then the will of
God directed the destruction of idolaters and barbarians,
unless they submitted at once to Christian dictation. The
teachings of Peter the Hermit and St. Bernard were not
yet forgotten. The Vicegerent of Christ gave to Spain
COLONIAL INDIAN POLICY.
47
and Portugal all the heathen for an inheritance, and the
uttermost parts of the earth for possessions. To them, the
Indians were but property to be used and expended as
public and private gain. The best educated opinion of
the Christian world permitted the enslavement and wan-
ton destruction of the Indian race. The latter had no
rights nor immunities which received recognition, and the-
ologians recommended slavery as necessary to conversion.
The maxim of Las Casas that "God forbids us to do evil
that good may come of it," was still a meaningless precept.
Neither were France and England one whit in advance.
The commission from Henry the Seventh to the Cabots,
by which they were authorized to seek out and occupy the
countries of the heathen and infidels, is prepared in the
spirit which moved the Spanish Knight, when he took for-
mal possession of the Pacific Coast and the islands therein,
and all the lands embracing it, in the names of the Cas-
tilian sovereigns "whose it was and should be, as long as
the world endures, and until the final day of judgment of
all mankind."
A single century wrought a great change. Absolute
monarchy, built upon the power wrested from the feudal
lords, had been compelled to limit its pretensions. Society
had made intellectual progress, and was morally improved.
As it expended its physical force in the cause of individual
freedom, its mental powers were employed in an endeavor
to determine the absolute and relative rights of man. The
elements of society were analyzed, the duties arising from
the condition of citizen discussed, and the ultimate sources
of positive law beginning to be ascertained.
But not yet was individual liberty understood. The
divine prerogative of kings was only giving way before
the tyranny of majorities. Superstition and the spirit of
intolerance were not yet overcome. Still an energetic pro-
gressive religion and a practical advancing intelligence,
48
COLONIAL INDIAN POLICY.
were earnestly at work, and even while the elder Winthrop
declared that "Majistracy is certainly an appointment from
God," Roger Williams announced a new theory of govern-
ment. In things temporal, said Williams, the voice of the
majority must rule, but in things spiritual, we are respon-
sible only to God. For the Indians, Williams claimed the
same freedom of action that Europeans enjoyed. They
were the original proprietors of the soil, and were at liberty
to retain or dispose of their possessions, notwithstanding
the meaning and intent of royal charters.
Williams, however, heralded a political doctrine which
was not comprehended until a later generation, although
society was fast becoming prepared for its partial reception.
Yet at the commencement of successful colonization upon
our Eastern coast, European sentiment had so far advanced
as to recognize the aborigines as a portion of the human
family, and as such, within the pale of that great law of
nature which was then being discussed. Pretexts were
found to excuse invasion, appropriation, and settlement
of country. The Protestant based his conduct upon the
natural right of the oppressed to seek a home where the
worship of God could be enjoyed without persecution; or
in the demand of an overcrowded home population; or in
the expressed wish of extending the benefits of civilization.
The Roman Catholic justified his encroachments by plead-
ing that he sought conversion of the heathen to the true
religion. The English confessedly came to improve their
worldly condition; the French, for the eternal welfare of
their newly found brethren. The action of the respective
governments seemingly supported these pretensions, for
while England made no effort to improve the native,
Louis the Thirteenth directed by charter, that strong en-
deavors should be made for his conversion and civilization,
and expended the royal revenue in that laudable work.
But although the enlightened opinion of that day main-
COLONIAL INDIAN POLICY.
49
tained that certain rights and privileges belonged to the
Indian race, they were not considered to be of sufficient
importance to receive recognition on the part of European
governments, when determining the questions which arose
in regard to the extent of their American possessions. As
between those governments, conceded discovery, followed
by occupation, gave indisputable title to country and ex-
clusive control of the Indian population which inhab-
ited it.
This principle was early established; but when it was
sought to be applied, the question of extent of country
which priority of discovery and coast occupation carried
with it, could not be pacifically determined, and gave rise
to the wars which followed. France beyond the St. Law-
rence, Spain in the Floridas, and England between the
mouth of the Kennebeck River and the thirty-third
degree of latitude, were at liberty to act towards the
Indian tribes and nations within those respective limits as
pleased them.
The course pursued by France and Spain need not be
referred to. It is only necessary to examine the action of
Great Britain towards the Indians, and the conditions she
imposed upon them; for the policy which she and her
colonies inaugurated and developed, was, in all its essential
features, adopted by our own government.
The political status which she fixed remains unchanged
to the present time. A recent Supreme Court decision,
defining the estate of the Menomonees in the land which
they occupy, would have been rendered by a court of the
colonial days upon a like presentation of facts, because
then, as one of the royal governors reported, "purchases
from the Indian nations, as of their aboriginal right, have
never been held to be a legal title in this province; the
maxim obtaining here as in England, that the King is the
fountain of all real property, and that from this source all
3
50
COLONIAL INDIAN POLICY.
{
real titles are to be derived:” and Chief Justice Marshall
said in one of his earlier decisions, that the United States
gained title by conquest, and "conquest gives a title which
the courts of the conqueror cannot deny, whatever the
private and speculative opinions of individuals may be."
As this government adhered to the English common
law, so did it perpetuate the English Indian policy, which
it has extended by congressional act over all the territory
since acquired, whether by conquest or by purchase. In
fact, the Indian population was unconditionally transferred
with the land which it occupied, except in a single in-
stance, and the exception may be found in the treaty of
eighteen hundred and three under which Louisiana was
obtained. Its sixth article stipulated, that the United
States "should execute such treaties and articles as may
have been agreed between Spain and the tribes and nations
of Indians, until by mutual consent of the Indians and the
United States, other suitable articles shall have been
agreed upon."
It is true that in some of our treaties with foreign
powers, the contracting parties stipulated to permit mu-
tual trade between their citizens and the Indian popula-
tion inhabiting the territorial borders, and that that popu-
lation might freely pass and repass the boundary-line with
their peltries and ordinary goods without the payment of
duty. It is true, that in our treaties of 1848 and 1853
with Mexico, we promised to protect the Mexican border
from the incursions of the Indian tribes, and agreed not
to place them in such parts of the new territory as would
allow them to prey upon or remove into Mexico. Still,
nothing can be found in any treaty, with the single excep-
tion above given, which binds this government to recog-
nize the Indians as political or organized communities, or
which compels it to follow any particular course of treat-
ment, or administer on their behalf any prescribed code of
COLONIAL INDIAN POLICY.
51
laws. In our first treaty of peace with Great Britain, by
which the latter yielded all claims to the country as far as
the Mississippi River, not a single stipulation appears in
regard to the aboriginal inhabitants, and when they were
received they were considered to be in the same situation,
as far as their legal status was concerned, as the nation by
which they were surrendered, had placed them.
In order therefore to arrive at a correct knowledge of
the Indian policy adopted and pursued by the general
government, and to understand fully how that policy was
developed, it is necessary to glance at the action of the
colonies, and also at the action of the several states after
the declaration of rights and during confederation. It
will be perceived that it was the result of circumstances,
and naturally grew out of the relation of the two races
upon the coast.
In the beginning of the 17th century, the country
claimed by Great Britain on the American continent, was
considered crown land, and the natives inhabiting it were
recognized as the lawful occupants of the soil, whose right
of possession might be extinguished by purchase.
The charters under which settlements were first suc-
cessfully made, were construed as vesting in the grantees
the estate which the crown possessed in the lands therein
conveyed, and the exclusive right to secure by purchase the
Indian rights of occupancy. They also impliedly transfer-
red to the grantees sole control of the native population
dwelling within their respective grants, and allowed them
to fix upon it by practice and law, such regulations as they
deemed desirable-the parent government only demand-
ing that such action on the part of the colonies should be
dictated by kindness and moderation. The colonies were
weak and the native tribes surrounding them were, by
comparison, numerically strong. In the intercourse which
followed, the latter compelled the former to recognize their
52
COLONIAL INDIAN POLICY.
rude political organizations, and to make treaties of amity,
and leagues offensive and defensive, with their chiefs and
principal men, in accordance with native custom. Thus,
these tribes were looked upon as quasi free and independ-
ent communities, with full control of their internal affairs.
Because of their strength and repeatedly threatened con-
cert of action, it became of the first importance to the
colonies, that friendly relations with them should be main-
tained; and, as a measure of safety, the people allowed
their general councils and assemblies to exercise supervis-
ion in matters in which they and the Indians were mutu-
ally concerned. Laws were enacted placing trade with the
Indians under restrictions, and confining it to citizens re-
siding within the jurisdiction of the colonies which re-
spectively created those laws. Private parties could only
make purchase of Indian lands under express statute, or by
special executive permission, and treaties under which pos
session of tracts of country were relinquished were often-
times made.
In all the colonies Indian intercourse laws were passed,
which received amendment as abuses were perceived which
required correction. In some, the system of confining
trade to agents legally licensed was inaugurated, while in
others, legitimate traffic was confined within certain limits.
As early as sixteen hundred and seventeen, Virginia
had her intercourse law, which forbade any person to
traffic privately with the Indians, or teach them the use of
fire-arms, under pain of death. But this law was without
its counterpart in the severity of the penalties which it im-
posed, and was made before Virginia had obtained her first
legislative assembly. The following passed by the General
Council of Martha's Vineyard in sixteen hundred and
seventy-two, is more in consonance with the better popular
sentiment of those early times, and shows what the evils
were which required correction :
1
COLONIAL INDIAN POLICY.
53
"Ordered, that if any person shall be accused by any,
either Indian or any other person whatsoever, to have sold
or furnished any Indian with wine, liquor or strong driuk,
he shall purge himself by oath, or shall pay for such offense
after the rate of five shillings per pint for every quantity
so sold.
"Ordered, that no person whatsoever, not inhabiting
within this jurisdiction, shall directly or indirectly, either
by himself or any one, trade with any Indian or Indians,
within this jurisdiction, on penalty of paying forty pounds
for twenty shillings trade."
The Georgia Company published an intercourse law
upon its first attempt at settlement, and allowed only those
of its people to traffic with the Indians, who should law-
fully obtain license, and in most of the colonies, strong
efforts were made to prevent private or indiscriminate trade
between the white and the native population.
Generally the act of extinguishing the Indian land
title was discharged by the highest colonial authority, and
was commonly effected by purchase under treaty. Lord
Baltimore, the Rhode Island immigrants, Penn and Ogle-
thorpe purchased before settlement was undertaken, there-
by recognizing in their first transactions the native right
of possession. As early as sixteen hundred and forty, the
Plymouth Colony acquired a large tract of land from the
surrounding tribes, and the treaty under which the acqui-
sition was made is in expression and character of senti-
ment remarkably like those which our own government
has entered into within the memory of the present genera
tion. Even then a reservation was set apart which should
become the home of the grantees and should belong to
them and their children forever.
In New York, the Dutch not only purchased but for-
cibly appropriated. To perfect their title to the Island
of Manhattan, involved an expenditure of twenty-four
54
COLONIAL INDIAN POLICY.
dollars; but this seems to be an exceptional case of lib-
erality on their part. The Western Indian Company
maintained sole control of the province for a few years,
and the business of that corporation was ostensibly con-
ducted to accumulate money, and not to confer benefits
or extend civilization. Afterwards, when trade was thrown
open to all the inhabitants, much trouble arose because, as
expressed by one of the better citizens, of the familiarity
practiced by the whites towards the natives, in order to
induce traffic, and because of the unfair means used by
private parties to obtain possession of Indian lands. In
sixteen hundred and sixty-four, when Carteret conquered
the provinces, and also concluded a treaty of peace with
the Iroquois at Albany, Indian affairs were in a very loose
and unsettled condition. The English Governor intro-
duced but few regulations, for in sixteen hundred and
seventy every man within the province "who desired to
trade for furs had liberty to do so," and liberty was also
given to the planters to find out and buy lands of the
Indians wherever it pleased them best, and purchases so
made were subsequently confirmed by grant.
Here as in all of the royal provinces, measures for the
pacification, and for the protection of the Indians from the
frauds perpetrated by private individuals, were less strin-
gent than in the colonies. Revenue here became the great
object of government, and that course of action was
adopted which promised desirable and immediate results.
Freedom in trade was finally abridged, and the trader
obliged to pay a tariff which was regulated in accordance
with the amount of his business. The Governor entered
the list of competitors for Indian products, and offered
seven pounds of powder or as much lead as a man could
carry, for a beaver." At the same time, the tribes main-
tained their independence, and the Indian right of pos-
session to the soil was mostly secured by treaty, and became
""
COLONIAL INDIAN POLICY.
55
unincumbered government land. The consideration given
in the .exchange was generally insignificant, and the re-
ported transactions lead one to infer, that the government
matched its citizens in making sharp and profitable bar-
gains. In sixteen hundred and eighty-three, the Cayugas
and Onondagas transferred to the Governor General of
New York all their land lying on the Susquehanna River,
and received therefor a piece of cloth, two blankets, two
guns, three kettles, four coats, fifty pounds of lead, and
twenty-five pounds of powder.
The laxity which characterized Indian affairs in New
York may be attributed to several causes. It virtually
became a royal province upon the termination of Dutch
rule, and the new government was more desirous to draw
therefrom a large revenue, than to promote the welfare of
the inhabitants. The system which had sprung up under
the Dutch, and which was the growth of forty years of
intercourse, and calculated to produce the most satisfactory
results when considered in a pecuniary point of view, was
continued with but few modifications, and the Dutch who
remained in the province after conquest, maintained former
relations with those of the native race with whom they
came in contact.
✔
The Iroquois alone of all the neighboring Indian na-
tions, were sufficient in strength to cause serious apprehen-
sion in the event of hostilities, and they adhered to the
Dutch, and subsequently to the English interest, and
opposed French encroachments within their territory.
Only two of the tribes, the Cayugas and Senecas, could,
during the seventeenth century, be induced to assume
the condition of neutrality in the continued contests of the
whites; but steadily remained the enemies of the French,
although sometimes compelled to sue for peace.
About the middle of the eighteenth century, the
French, despairing of success in the attempts to forcibly
56
COLONIAL INDIAN POLICY.
reduce the Six Nations to a situation of permanent sub-
mission, endeavored to divide them, and the Abbe Picquet
was sent to accomplish the task. He succeeded in draw-
ing off some three or four hundred families, the heads of
which took the oath of allegiance at Montreal; but the
majority of the Six Nations continued to be the friends of
the English, until the termination of our Revolutionary
War. These Indians therefore, who were at war with the
French, and were the deadly foes of the Hurons and their
Canadian allies, were not likely to break with the Dutch
or English, to whom they looked for aid in case of north-
ern invasion. It was not as necessary then, that this
province should so completely supervise, or carefully re-
strict trade and intercourse between its Indians and citi-
zens, as it was for Massachusetts, Connecticut, or Penn-
sylvania.
Yet even in New York our national Indian treatment
is foreshadowed. The almost yearly grand councils at its
capital, between the Governor and the distinguished
Sachems, when the covenant chain was brightened and
former promises renewed, was oftentimes attended by
sale of territory, and by arrangements for continued trade.
Then, the tribal organization was recognized, and the
tribes were bound by the action of their chiefs. In the
treaties of amity and alliance, the Governor promised to
assist them against the French; and in sixteen hundred
and eighty-five, Louis the Fourteenth complained to the
English King that the Governor of New York had offered
troops to the Iroquois.
In fact the Six Nations possessed about the same attri-
butes of sovereignty which have until very recently been
conceded to the separate Indian bands of our time.
They were free to live in accordance with their custom and
independently control themselves, and they were also at
liberty to adopt such a policy towards all Europeans as
COLONIAL INDIAN POLICY.
57
best suited themselves, provided it did not prejudice the
English claim. They had not to be sure as complete
powers as were ascribed to the New England nations by
the Governor-General of Canada, shortly after the pub-
lication of the treaty of Utrecht; for then in response to
remonstrances from the Colonies, he asserted that those
nations were free and independent, and made war or peace
at their pleasure. But they were considered to possess that
freedom which released them from responsibility to the
provincial law, unless bound by treaty stipulations, except
that they could not dispose of the government's reversion-
ary interest in the land in which they had the right of
permanent occupancy, and could not inflict injury upon
the king's subjects. The individuál members of those
nations held the same anomalous legal status that the
members of the Western tribes now hold. They were
neither citizens, nor aliens; neither subjects, nor rulers;
neither slaves, nor freemen.
The time extending from the first permanently es-
tablished settlement on our coast, to the declaration of
independence on the part of the colonies in seventeen
hundred and seventy-six, may for present purposes be
divided into three periods. The first, commencing about
sixteen hundred and seven, when the English planted
Jamestown and the French Port Royal and Quebec, and
ending in sixteen hundred and eighty-six when King
James abrogated the New England charter, the second
terminating with the treaty of Paris in seventeen hundred
and sixty-three, and the third continuing through the
thirteen subsequent years.
In the foregoing hasty review, sufficient reference has
been made to the earliest colonial days to ascertain what
political condition was first imposed upon the Indian race,
and to show that it was the natural result of attendant
circumstances. In attempting to discover whether this
3*
*
58
COLONIAL INDIAN POLICY.
peculiar legal status was general, we have casually referred
to more recent action on the part of some of the colonies,
and have instanced the conduct of Georgia, which was
established after the New England charter was annulled.
But we wish now to briefly allude to the situation
occupied by the Indian nations, and the important part
which they took during the long struggle between the
European powers for continental supremacy and American
territory, which actively began in this country at the close
of the seventeenth century, and only actually terminated
on the cession to Great Britain of New France and the
Floridas.
Soon after the accession of James the Second, it was
determined to place New England under a single royal
Governor, and Sir Edmund Andros became its "Captain
General and Vice Admiral." In sixteen hundred and
eighty-eight it was considered necessary to place New
York and the Jerseys under the administration of Andros,
in order to unite the colonies against France, which had
made threatening demonstrations along the whole northern
borders, and taken possession of Lake Champlain. Under
this new arrangement the Indian nations maintained their
distinctive organizations, with the same exclusive privilege
of control, but they were brought in closer relations with
Great Britain, whose king they commenced to consider
their real protector and ally. The destruction of the new
government and the imprisonment of Andros, was suc-
ceeded after a short interval, by royal Governors in the
separate provinces, and the relations of the Indians to the
home authority continued.
The Indian nations have now become most important
communities, and their alliance is anxiously sought for by
the representatives of the European powers. The French
Governor, through the missionaries of the Church, is able
to influence the greater portion of them; and by skillful
COLONIAL INDIAN POLICY.
59
direction, is able, with the small Canadian population and
with the slight aid furnished from Europe, to constantly
threaten and harass the English colonies.
The Home Government, though anxious for supremacy
in America, neglect in their negotiations of peace the in-
terests of their colonies. The splendid victories of Eugene
and of Marlborough, which made glorious the reign of
Queen Anne, and gave her ministers the opportunity of
determining French control in Canada, brought no relief;
for nothing was demanded from France but Acadie, with
its vague and undecided boundaries. The war continued
with few interruptions until seventeen hundred and twenty-
six, when the honest statesmanship of Sir Robert Walpole,
and the pacific policy of Cardinal Fleury, brought quiet to
France and England, and enabled her colonies to enjoy a
season of repose.
During this war at the North, the Southern colonies
also experienced trials; but more successful in their nego-
tiations with the Indian population than their Northern
brethren, were enabled to conquer a peace and drive off
the power of Spain. But both France and England are
vigorously pushing their interests in the New World. The
latter extends her settlement inland, and in the South, she
divides the royal province of Carolina, and undertakes the
settlement of Georgia. The former, having transferred her
Mobile colony to New Orleans in seventeen hundred and
twenty-two, is engaged in perfecting her asserted right to
the Mississippi valley, and in strengthening her Canadian
frontier.
The English declaration of war against Spain, in seven-
teen hundred and thirty nine, again brought the North
American representatives of the three great European na-
tions in deadly conflict. France in alliance with, and
actively assisted by all of the Indians of Eastern Canada,
determined to make the conquest of New England, and
60
COLONIAL INDIAN POLICY.
Spain, having secured the services of the Southern Indians,
united them with her regular troops, and resolved to make
good her Florida claim; while Great Britain calculated,
not only upon the conquest of Canada and Florida, but
upon the expulsion of France from the entire Western con-
tinent.
Nothing was accomplished by the war, for the treaty of
Aix la Chapelle placed the parties in regard to territory
in their former condition, and still left boundaries unad-
justed. France had now extended her settlements up the
Mississippi towards the great lakes, and she determined to
unite them to her Canadian possession, and consequently
to fix the Alleghany range of mountains as Great Britain's
boundary, while the latter claimed indefinitely to the west.
Canada and Louisiana became a single royal province
under the name of New France, and its Governor exercised
control from Cape Breton to the mouth of the Mississippi
River. He proposed to connect the settlements by a chain
of forts, and to exclude the English trade from all that
territory.
▾
In seventeen hundred and fifty, the fort at Pittsburgh
was established, and the English in that section of country
were seized and removed therefrom.
The exorbitant demands of the French Governor were
stoutly resisted, but the position of the Indians, and the
negotiations favorable to France, into which they had
entered, assured him that he could successfully execute his
undertaking. New France, with a white population of
fifty two thousand, was deemed sufficiently strong to re-
sist the available strength of the English Colonies, whose
inhabitants numbered more than one million. The events
of the few subsequent years proved the correctness of this
assumption. The Indians along the entire frontier, from
Quebec to Georgia, with the exception of the Six Nations of
New York and the Cherokees, rendered willing aid to the
COLONIAL INDIAN POLICY.
61
French, and the Cherokees were finally prevailed upon to
join the great alliance.
The middle colonies were unable to act offensively, or
indeed to defend their exposed settlements. The results
of the great struggle might have been very different, had
Great Britain failed to send troops to the assistance of her
colonies, or had France been enabled to spare a like num-
ber to reinforce her Canadian army. But the latter had
work for all her forces in Europe. England's prime min-
ister announced his war policy in the brief expression that
"America must be conquered in Germany," and the signal
victory at Rosbach presaged the success of the English
colonies. Spain joined France too late in the war to en-
able her to retrieve disaster and soon the treaty of Paris
was executed, by which Great Britain obtained undisputed
possession of all that territory extending from the coast to
the Mississippi River, and from the Gulf of Mexico to the
extreme Northern limit of the continent.
In all of these contests the Indians were active partici-
pants. Their barbarous warfare against the defenceless,
and the savage cruelties which they invariably practiced,
embittered the animosities of opposing colonies and prov-
inces. For a century they held the balance of power, and
interest dictated that all possible efforts should be made
to secure their alliance and friendship. Both England and
France were ready at any time to forgive past injuries and
enter into league with any portion of them. Their de-
mands were granted if practicable, and their vanity was
gratified in being ostensibly treated as free and independent
nations, which gave and received at their option, and the
actions of which were alone controlled by their national
promises.
From the commencement of intercourse between the
white and Indian races, to the termination of the French
and English war, the Indians occupied, first the position
62
COLONIAL INDIAN POLICY.
of hostility to the European, and secondly, that of allies
to one or the other of the contending European powers.
In either position, they were able to obtain many conces-
sions, and generally to retain their freedom, customs and
organizations. Their employment was fighting, as it will
always be as long as they remain within uncivilized tribal
relations, in which individual reputation or importance
depends upon deeds of cruelty. They retarded immigra-
tion, impeded colonization, prolonged colonial contests,
and apparently checked American growth and development.
It is possible that they signally checked development; yet
it is difficult to make good such an assertion, when the
results which their presence and actions produced are prop-
erly considered. Their threatening attitude frequently
compelled the separate colonies to forget internal dissen-
sions and to unite for protection. It also at times caused
partial confederations of colonies, in which a knowledge of
the correct principles of representative government was
acquired. In fine, it may be said that their conduct had
a most beneficial effect upon their declared enemies, as it
assisted to destroy discord among those of the same colony
who were influenced by varying interests; as it taught the
people the necessity of maintaining a firm policy, and of
submitting themselves to a rigid code of laws; as it forced
rival colonies into league and friendship, producing an in-
termingling of communities and an interchange of ideas
and sentiments; as it gave rise to frequent assemblages of
representatives of different provinces, in which affairs of
general importance were discussed, and unity of action de-
termined upon; as it was the cause of bringing into exist-
ence confederations of equal and distinct political bodies,
in which our own system of government was devised and
developed.
The New England confederation which was formed in
sixteen hundred and forty-three and terminated only with
}
COLONIAL INDIAN POLICY.
63
the amendment of its charter, took into consideration all
those matters which were of common concern, and left the
internal affairs of each colony to the management of the
colony itself.
It was, says Trumbull, "A union of great consequence.
It made the colonies formidable to the Dutch and Indians,
and respectable to their French neighbors. It was one of
the principal means of the preservation of its colonies
during the civil wars of England, the source of mutual
defence in King Philip's war, of service in civilizing the
Indians, and propagating the gospel among them."
But this union was not only of importance because of
its material strength, and its power of defence.
Its general councils were schools for theoretical and
practical political instruction. They ascertained and were
able to define the relation and responsibility of the indi-
vidual to his colonial government, and the duties of the
respective colonies under the compact. They enlarged
the field of political science, and taught the people the
elements of civil and constitutional liberty. The existence
of such organizations, and the purposes of their formation,
almost forces the conclusion that the Indians furnished
most important, though unwilling aid, in American
growth and development. Had they quietly yielded to
the demands of the whites, or neglected to make forcible
opposition, it is not unreasonable to suppose that some of
the colonies would have been ruined by factious and parti-
san conduct; that in some cases, neighboring colonies.
would have been arrayed against each other to determine
questions of property and rule, and that all would have
been less successful in maintaining social order, and have
made less progress in determining the true principles of
constitutional government.
It is interesting to note how these early existing and
proposed confederations viewed the whole subject of In-
*
64
COLONIAL INDIAN POLICY.
dian affairs. We find that the same general course of
treatment was then pursued towards the Indians that our
first Congress inaugurated, and that they occupied about
the same political relations in respect to colonial authority,
that they now do to the United States. In those early
days the superior authority assumed control of all Indian
affairs; and if colonies united, that control passed to the
confederated authority, and the opinion finally became
well nigh universal, that those affairs should be placed un-
der the supervision and management of a representative
body, composed of delegates from the several colonies.
At that assemblage of commissioners in New York in
seventeen hundred and fifty-four, in which all the colonies
north of Virginia were represented, it was decided to
make petition for the passage of an act by Parliament,
which would authorize the formation of a Grand Council,
consisting of delegates from the several colonial legislatures
to be presided over by a President General, who should re-
ceive appointment from the crown. Among the powers
which it was thought proper that this council should ex-
ercise, was that of regulating Indian matters, and it was
proposed "That the President General with the advice of
the Grand Council, hold, or direct all Indian treaties in
which the general interest of the colonies may be concerned,
and make peace, or declare war with Indian nations. That
they make such laws as they judge necessary for regulating
all Indian trade. That they make all purchases from the
Indians for the crown, of lands not now within the bounds
of particular colonies, or that shall not be within their
bounds when some of them are reduced to more convenient
dimensions." That they make settlements on such pur-
chase by granting "land in the King's name."
In what does the control which the United States
Government exercises over the Indian population differ
from that which it was thought necessary that this pro-
COLONIAL INDIAN POLICY.
65
•
posed council should possess? In nothing of importance,
except that the former assumes to regulate the entire In-
dian population within its boundaries, even that portion
living within the limits of organized states.
The short period of thirteen years, during which Great
Britain had undisputed possession of the eastern half of
this continent, needs but a passing glance. The tribes and
nations roaming between the Alleghanies and the Missis-
sippi, and also those in Canada, entered into treaties of
peace with her officers immediately upon the expulsion of
the French. The King of England had, in sixteen hundred
and seventy-three, issued a proclamation, forbidding Gov-
ernors in North America to grant lands westward of the
sources of the rivers falling into the Atlantic, and the west-
ern plains and valleys had no white population, except the
few French inhabitants who remained after the termina-
tion of the war. The colonial and proprietary govern-
ments, had given place to royal provinces, and the Crown
took immediate control of its American possessions. The
Indian department was organized, and the Indians placed
under the supervision of superintendents. Sir William
Johnston, superintendent and chief agent, received a sal-
ary of one thousand pounds, and was assisted by four dep-
uties, under whose directions smiths and armorers labored
to instruct the Indians in the arts of civilized life, and to
prepare them to follow peaceful pursuits. Great Britain
expended twelve thousand dollars yearly in maintaining
what was then termed the Indian Department.
Treaties were occasionally made by which the Indian title
to land was extinguished. One of the most important of
these was that which was concluded at Fort Stanwix, in
seventeen hundred and sixty-eight, between Sir William
Johnston, acting as commissioner for Great Britain, and
the Five Nations, together with the Shawnees, Delawares,
Mingoes of the Ohio, and other dependent tribes. By this
66
COLONIAL INDIAN POLICY.
•
treaty the territory south of the Ohio River, and that east-
ward of a line extending from Fort Pitt to the east branch
of the Susquehannna River, thence north to Fort Stanwix,
was conveyed to Great Britain in consideration of fifty-two
thousand dollars, and a number of presents of trifling value.
The course which Great Britain at this time pursued,
in recognizing tribal relations and national organizations;
in acquiring by treaty such land as increasing settlements
demanded, and quietly removing the Indians to the west-
ward; in adopting a system which brought the whole
native population under its supervision, and in extending
to it the means of instruction in order to induce individ-
ual and social improvement, is so like the course which
this government first adopted as to make it apparent that
our early Indian policy was borrowed, or that it was the
continuation of the policy which had been developed under
British rule.
Upon the commencement of hostilities between Great
Britain and the provinces, the Indian nations again be-
came important communities, and were considered a de-
sired element of strength in the threatened contest. Their
actions were carefully watched by both parties, and their
alliance eagerly sought. Great Britain had the advantage
in the negotiations which were attempted, because she,
from the first, had determined to crush rebellion, and
intended to employ every available means for that pur-
pose; whereas the Americans, even after the initiative
battle in New England, and after the appointment of
Washington to the chief military command, had not given
up all expectation of reconciliation with the Home Govern-
ment, and still pursued a vacillating course. Great Britain
had already sent her commissioners to the Six Nations of
New York, and to the Cherokees and Creeks, and Gov-
ernor Dunmore of Virginia had dispatched an agent to the
tribes upon the Ohio.
S
COLONIAL INDIAN POLICY.
67
The Continental Congress, undecided as yet as to what
treatment should be adopted towards the Indians, finally
concluded to station agents among the different nations,
in order to conciliate their friendship, and induce them to
remain neutral. The action taken under this decision re-
sulted in entire failure. During the summer of seventeen
hundred and seventy-five, the chiefs of the Six Nations
met the British authorities at Montreal, and pledged their
support. Subsequently, the Creeks and Cherokees joined
the alliance, and the latter, in seventeen hundred and
seventy-six, put forth their strongest efforts to destroy the
border settlements of the Southern States. The Ohio
tribes, though favorable to the British interest, were too
much divided to accomplish or undertake any important
operations.
Congress labored under another difficulty, which even
the declared determination to conquer political freedom
did not remove. Composed of delegates from governments
absolutely independent of each other, and which were only
temporarily united for successful resistance, it was confined
to the consideration of measures deemed necessary for the
common defence.
Indian affairs therefore could remain but a short time
under its supervision, and no policy intended to be lasting
could be inaugurated. Besides, the several States within
their respective limits, claimed to have succeeded to the
sovereignty which Great Britain formerly possessed, and
the limits of that sovereignty had not been determined. It
was enough to know, that, within their united boundaries
all territory to the Mississippi was embraced, and that there-
fore, the entire Indian population was subject to State
jurisdiction.
Some of the States early proclaimed this asserted right
to govern the Indian population both by legislative acts
and by constitutions. They also claimed the fee of the
68
COLONIAL INDIAN POLICY.
lands which the Indians occupied. Virginia declared her
title to such lands, and in seventeen hundred and seventy-
nine denied the power of the native race to sell any portion
of her territory. New York in its constitution of seven-
teen hundred and seventy-seven, "Ordained that no pur-
chase or contracts for the sale of land," within the limits
of that State, to which Indians were parties, should be
binding upon the Indians or deemed valid unless made by
the consent of its Legislature. The Articles of Confedera-
tion signed in seventeen hundred and seventy-eight, recog-
nized this affirmed right of State government within con-
ceded State boundaries, and the ninth article of that in-
strument stipulated, that, "The United States in Con-
gress assembled, shall also have the sole and exclusive right
and power of regulating the trade, and managing all affairs
with the Indians not members of any of the States," pro-
vided that the legislative right of any of the States within
its own limits, be not infringed or violated.
But territory of great extent was in dispute. Some of
the original charters under which the States claimed,
granted all country between certain parallels of latitude
from ocean to ocean, or vaguely defined the western limits
of the grants. The same territory was, in some instances,
supposed to be conveyed by different charters, and there-
fore conflicting State claims arose. Massachusetts, Con-
necticut, New York, Pennsylvania, Virginia, North and
South Carolina, and Georgia asserted title to lands west
of the Alleghany range of mountains. New Hampshire,
Rhode Island, New Jersey, Delaware and Maryland had
nothing upon which to base any such demand; and the
Pennsylvania grant made in sixteen hundred and eighty-
one, did not extend beyond the eighty-first degree of
longitude.
This question of disputed territory furnished the chief
objection to the ratification of the Articles of Confedera
COLONIAL INDIAN POLICY.
69
tion. New Jersey demanded that United States commis-
sioners should settle the western boundaries of the States,
while Maryland declined to ratify the articles until the
western lands were transferred to the general government.
Yet even while these conflicting claims remained unde-
cided, the United States assumed control of the Indian
population beyond the settlements. Within a few months
after the Articles of Confederation were agreed upon by
Congress, a treaty was made with the Delaware nation by
which all territorial rights granted it by former treaties
were confirmed. The vexed question of boundaries was
however approaching a satisfactory determination. New
York, in seventeen hundred and eighty, instructed her
congressional delegates to cede her claims to all lands
west of such boundary as appeared to them proper, and in
the following year Virginia relinquished her interest to
the territory north and west of the Ohio. Connecticut
and Massachusetts made cession of their western lands in
seventeen hundred and eighty-four and five. In seventeen
hundred and eighty-seven, seventeen hundred and eighty-
nine, and eighteen hundred and two, South Carolina,
North Carolina and Georgia respectively yielded the land
in dispute to which they had laid claim, and the General
Government possessed entire unquestioned control of an
extended public domain.
After the lands north of the Ohio had been relinquished
by the States, Congress passed the Ordinance of seventeen
hundred and eighty-seven, under the provisions of which
the North-west Territorial Government was created, and
which has been a guide in all legislation under which ter-
ritorial governments have since been established.
In this important ordinance the United States prom-
ised, that the utmost good faith should be observed
towards the Indians, and that their lands and property
should never be taken from them without their consent.
70
COLONIAL INDIAN POLICY.
The policy here announced apparently guided the action
of Government in all its treaties which it made with Indian
nations, before and after the ratification of the Articles of
Confederation and subsequent to March, seventeen hundred
and eighty-nine, when the constitution became operative.
Those first entered into, in which "Ministers Plenipo-
tentiary" acted in behalf of the United States, were made
to establish peaceful relations between the contracting
parties, to efface the memories of injuries inflicted upon
each other while the Indians were in alliance with Great
Britain, and to determine and declare territorial bounda-
ries. By the stipulations of those which followed, land
was sold, or exchanged, and trade and intercourse were
placed within certain regulations.
The Six Nations conveyed their entire interest in the
lands situated west of the States of New York and Penn-
sylvania. The Delawares and confederated nations gave
up their claims to all lands near the Pennsylvania line,
and accepted instead a large tract within the present State
of Ohio. The Cherokees agreed to abridge the limits of
their country, maintain a perpetual peace, and live under
United States protection. Nearly every important nation
dwelling between the State borders and the Mississippi
River were brought into negotiations with the General
Government and placed under treaty covenants. Mutual
aid and support were promised, extradition articles were
agreed upon, and a commercial code established; or to
speak with more definiteness, the Indians, in consideration
of peace with and the protection of the United States, and
in consideration of the promise of the latter to maintain
them in the quiet possession of certain tracts of country,
and to restrain the whites from entering thereon, and in
further consideration of a very small expenditure of money
in their behalf, and the opening of trade with them under
the management only of persons legally licensed, engaged
!
COLONIAL INDIAN POLICY.
71
to refrain from hostilities against the people of the United
States, and to turn over to the General Government any of
their members who should rob or murder any of its citizens.
Such was the tenor of most of the treaties made by the
Confederation. It did not have negotiations with Indian
nations residing within the conceded limits of a State,
further than to establish friendly relations, and to extin-
guish the Indian title to land outside of acknowledged
State boundaries, and to such small tracts within the same
as were needed for general purposes. It recognized the
Indian nations as distinct and independent political com-
munities, lawfully possessing the soil because of the right
secured by immemorial occupancy, and placed only those
restrictions upon them which irresistible necessity com-
pelled.
They could not convey the fee of the land, nor hold
foreign intercourse. In all other respects, they were at
liberty to conduct themselves as they pleased and could live
under their own barbarous laws and be guided by their
customs. Politically, they held the same relation to the
Confederation which they at first held to the colonies,
and subsequently to Great Britain. The policy which
the first civilized governments adopted towards them
remained in all essential features unchanged during a
period of time embracing nearly two centuries.
It was
dictated by circumstances. A continuance of like circum-
stances prolonged and developed it, and made it the only
feasible practical policy which could be followed. It was
conciliatory, and at the same time economical, and was
best calculated to check savage violence, and give at the
least expense possession of the coveted hunting grounds.
While its main features remained unchanged, slight
modifications were occasionally introduced for the purpose
of removing causes of complaint the principal of which
were overreaching individual action on the part of the
72
COLONIAL INDIAN POLICY.
"
1
whites-and during the existence of the Confederation, in-
dividual intercourse between citizens and Indians were
placed under most stringent legal restraint. The policy
as thus developed, was in favor when our constitution was
adopted, and received recognition in that instrument.
CHAPTER III.
INDIAN POLICY OF UNITED STATES GOVERN-
MENT.
THE Confederation had performed a great amount of
labor in the settlement of State boundaries, in the extin-
guishment of Indian land title, and in the establishment
of treaty relations with the Indian nations.
All State boundaries were satisfactorily adjusted, with
the exceptions of North Carolina and Georgia. The In-
dian title to more than one hundred millions of acres had
been purchased, opening for settlement one half as much
country as is contained within the limits of the thirteen
original States. A judicious policy for disposing of those
lands, and establishing governments therein, had been de-
vised and put in operation, and population was moving
rapidly to the westward, and appropriating the fertile soil
along the Ohio River.
The Iroquois and Cherokees alone of the important In-
dian communities, remained within State jurisdiction, and
the territory over which they exercised control had been
determined and defined in treaties.
The constitution made all existing treaties binding upon
the new Government, and declared them to be "the
supreme law of the land." It also gave to Congress au-
thority to regulate trade and intercourse with the Indian
tribes, and conferred upon the Executive and Senate the
power to make and ratify Indian treaties. In fine, it con-
firmed and continued the relations which had existed be-
tween the treaty Indians and the Government under the
4
74
INDIAN POLICY OF THE GOVERNMENT.
Confederation, and pointed out a course of action which
might be followed in future negotiations.
It virtually took from State management the Indian
population within State limits, for Congress and the treaty-
making power could, by the exercise of the authority which
the constitution conferred, entirely destroy State super-
vision.
State control over that population remained absolute,
as long as there was no action on the part of the United
States; but, as soon as the latter prescribed commercial
relations, all conflicting State laws became nugatory.
When the latter, and the tribal representatives of that
population, entered into treaties, State jurisdiction was
compelled to conform to the stipulations of those treaties.
The States owned, and never relinquished the ultimate
fee in the soil which the Indians rightfully occupied; but
this only became an interest in possession after the Indians
had willingly removed. This remote interest, depending
upon a contingency which might require centuries for de-
termination, could not be destroyed by the General Gov-
ernment, although the latter was under no obligations to
extinguish the right of occupancy, in opposition to the oc-
cupants' wish. In every other respect, the Indian popula-
tion and the soil upon which it dwelt, could at any time be
placed under the control and disposition of the United
States. Whatever agreements the United States and those
Indian nations might enter into relative to laws for gov-
ernment, whether civil or criminal, regarding regulations
for conducting trade, or in reference to abandonment or
continued possession of territory, were obligatory upon
State authority, "any thing in the constitution, or laws of
any State to the contrary notwithstanding."
Did the constitution confer upon the Executive and
Senate, the power to make all negotiations with the Indian
nations other than those which regulated trade or com-
INDIAN POLICY OF THE GOVERNMENT.
75
merce? The question has received much discussion, and
has apparently been decided by recent opinion as expressed
in legislation in the negative. Early opinion however was
explicit upon this point. Congress, in seventeen hundred
and ninety-three, declared that all purchases of land from
Indians must be by treaty entered into pursuant to the
constitution; and a similar declaration is contained in our
first Indian intercourse law passed nearly three years pre-
vious to that time.
For three-quarters of a century, the legislative branch
of the Government evidently considered, that contracts
with Indian nations could only be made through the
formalities of treaties. The House of Representatives
has, to be sure, frequently asserted that the action of the
President and Senate could not compel it to make appro-
priations in order to carry out Indian treaty provisions.
In eighteen hundred and twenty-seven, representatives in
Congress as strenuously declared, that the constitution
vested in them a discretionary power in all matters of appro-
priation, as they did in eighteen hundred and sixty-six; for
then they claimed that they could negative a treaty by re-
fusing to grant the means to make it effective. They then
also claimed the right to deliberate upon the legality of
the treaty itself, and upon the wisdom or feasibility of its
provisions, else they could not act understandingly in the
performance of a constitutional duty. But this asserted
right upon the part of the House of Representatives, ap-
plied not only to Indian treaties, but to all treaties of
whatever nature, which Government might enter into. It
was early proclaimed, and involved a question of preroga-
tive and privilege between the Senate and House, which
still remains unsettled. It was earnestly discussed when
the British treaty of seventeen hundred and ninety-four
was under consideration. The President and Senate in-
sisted that the power to make treaties was an important
:
76
INDIAN POLICY OF THE GOVERNMENT.
act of sovereignty, which the constitution conferred upon
the Executive, and when the President exercised that
power, and executed a treaty, it became, upon ratification
by the Senate, the supreme law of the land, and as such
was paramount to the laws of the United States, and could
not be set aside by legislation. It was also insisted, that
the constitution made no distinction between treaties with
foreign nations and with Indian tribes, and that all treaties
should be made by the President and then submitted to the
Senate for approval; that when this rule was followed,
and a treaty made and approved which involved the ex-
penditure of money, the necessary appropriation should at
once be made, or the national faith would be violated.
The House replied by resolution and declared, "that it is
the constitutional right and duty of the House of Repre-
sentatives in all cases of treaty, to deliberate upon the ex-
pediency of carrying such treaty into effect, and to deter-
mine and act therein as in their judgment may be best for
the public good."
The question again arose when the terms of the treaty
of eighteen hundred and fourteen were under discussion,
and as formerly, a compromise was effected, under which
the required appropriation was made, but a settlement of
the constitutional points involved could not be accom-
plished. The House maintained, that prior to the exe-
cution and ratification of a treaty which demanded an
expenditure to carry it into effect, the Executive should
obtain the sanction of Congress through an appropriation.
This course was followed by President Monroe, and was
generally approved and believed to be in strict conformity
to the constitution. Had it been continued by succeeding
Presidents, it is doubtful if the provisions contained in the
Indian appropriation act of eighteen hundred and seventy-
one, forbidding the recognition of Indian nations or tribes
as independent powers, with whom the United States may
INDIAN POLICY OF THE GOVERNMENT.
77
contract by treaty, would have received congressional sup-
port.
In all the early discussions upon the treaty-making
power, the Indian communities were conceded to be as
free and independent as the nations of Europe, in so far
as the possession of treaty rights was concerned. Presi-
dent Adams, in his message of eighteen hundred and twenty
eight, remarks, that "at the establishment of the Federal
Government under the present constitution, the principle
was adopted of considering them as foreign and independ-
ent powers, and also as proprietors of lands. As independ-
ent powers we negotiated with them by treaties; as pro-
prietors, we purchased of them all the land which we could
prevail upon them to sell; as brethren of the human race,
rude and ignorant, we endeavored to bring them to the
knowledge of religion and of letters."
The judicial branch of the Government sustained the
view above expressed in regard to the independence of the
native communities, and the celebrated case of Worcester
against the State of Georgia, decided in eighteen hundred
and thirty-two, was supposed to set the matter at rest.
The Supreme Court held, that the constitution placed the
Indian nations among those powers capable of making
treaties, and of maintaining the relations of war and peace,
and that therefore the President and Senate could, under
the treaty-making power, enter into compacts with them
as with foreign nations.
But the provisions of the act of eighteen hundred and
seventy-one, to which reference has been made, do not im-
ply that the President and Senate had not the constitu-
tional right to treat with the Indian nations. On the con-
trary, they concede that that right existed, and was legally
exercised, by declaring: "That nothing herein contained
shall be construed to invalidate, or impair the obligations.
of any treaty heretofore lawfully made and ratified, with
:
78
INDIAN POLICY OF THE GOVERNMENT.
any such Indian nation or tribe." For the acknowledged
existence of Indian treaties "lawfully made and ratified,"
certainly necessitated the recognition of a power having
the legal capacity to make and ratify them; and, as they
had all been made and ratified by the Executive and Sen-
ate, those branches of the Government necessarily pos-
sessed the requisite authority to make and ratify them.
therefore Congress should admit, that the United States
ever lawfully made and ratified Indian treaties, it must
likewise admit that they became such through the exercise
of the power which the constitution conferred upon the
Executive and Senate, since that power could not be de-
rived from any other source.
Only two conclusions can be drawn from the provisions
of this congressional act. Either that the condition and
importance of the Indian nations have undergone such a
change since the adoption of the constitution, that they
have ceased in fact to retain sufficient of the attributes of
sovereignty to be competent to enter into treaties, or that
the constitution never recognized them as nations, capable
of contracting with the United States by treaty.
Any other inference would make it appear that Con-
gress had attempted by legislation to take away from the
executive branch of the Government the power which the
constitution has conferred upon it.
Of the two stated conclusions possible to be reached,
the first would seem to be the correct one; because of the
virtual admission in the act that treaties with the Indians
had been lawfully made and confirmed; and the provis-
ions which have been quoted would therefore naturally
imply that Indian tribes with which the United States
have heretofore entered into treaties, and which have been
considered independent communities, have at last become
so insignificant or so dependent, that they are no longer
qualified to maintain national relations, nor to act other-
INDIAN POLICY OF THE GOVERNMENT.
79
wise than as the United States may choose to direct; and
therefore they shall not hereafter be acknowledged as
independent communities, but the departments of the
Government shall henceforth recognize their actual condi-
tion, and be guided accordingly in all future transactions
in which they shall be parties. If it is an absolute fact
that the Indian tribes within our territories have lost the
essential elements of independence, if they have surren-
dered or bartered away the right of self-government, if
they have become disintegrated or widely separated, they
are in no sense national organizations, and have not any
longer the power to bind themselves by treaty, nor to
impose treaty obligations upon the United States.
If such fact does exist, it would appear that Congress
has the constitutional right to discover it, and to declare
that certain constitutional provisions are no longer opera-
tive, because of the changed situation of affairs. It would
appear that such a declaration on the part of Congress
would be as fully within the sphere of its duty as the with-
holding of an appropriation to satisfy an annuity demand
which an Indian treaty declared perpetual, for the reason
that the Indian organization had become extinct. In the
latter case Congress merely refuses to carry out the stipu-
lations of a lawfully executed treaty, or we might say, to
be governed by the supreme law of the land, because of the
fact, that one of the parties to the contract is no longer in
being. In the other case it declines to recognize the
native communities within United States territory as
nations, with whom treaties can be made, although the
constitution declared them to be such, because they have
actually lost the ability to contract by treaty. Unless
Congress can thus determine facts, and authoritatively
decide whether or not they continue to be of such a na-
ture, as to still make operative or applicable the law as
expressed in the constitution, the provision of the act of
80
INDIAN POLICY OF THE GOVERNMENT.
eighteen hundred and seventy-one, forbidding further
treaties with Indian tribes, is without force or effect, and
the President may negotiate with the Indians by treaty,
until deprived of the power to do so by a constitutional
amendment.
Whether the tribal organizations have undergone such
radical change since the formation of the present Govern-
ment that they no longer retain the national characteristics
which they possessed when the constitution was framed and
adopted, and whether they have lost all power to make and
execute national decisions, can only be ascertained by a
comparison of their past and present relations to the United
States, a consideration of the causes which have produced.
modified conditions, and a review of Government action.
That action has been so extended, that it is only possible
to give it a hasty glance; but, an attempt will be made to
sufficiently exhibit it through a discussion of its more
prominent features, to convey a definite idea of its nature,
and the method of its application.
Enough has been said for the present, of the powers
conferred upon the different branches of the Government
by the constitution. It is important to examine the policy
inaugurated during the first administration, and afterwards
it will be necessary to trace the modifications made in suc-
ceeding years. It will be seen, that the essential elements of
that policy still remain in force, and only such changes have
been introduced as varying circumstances seemed to demand.
The declared objects which the Government desired to
accomplish, have always been the same, viz: to remove the
native population from the land required for occupancy by
the whites, to restrain in the most economical manner its
onslaughts upon border settlements, and finally to prepare
it for citizenship. The first object has uniformly been
attained by purchase under contract or treaty; the second
has been sought through various expedients, generally and
:
%
}
INDIAN POLICY OF THE GOVERNMENT.
81
when possible of a peaceful character, but all attended with
considerable expenditure; and the last by the introduction
of civilized example. These three objects have been
steadily kept in view, and any policy which did not ostensi-
bly assist in the accomplishment of all, could not have re-
ceived popular support. For one class of citizens demanded
of it, practical beneficial results to government, financially
considered. Another class, impressed with the sacredness
of the so-called right of the Indians to territory, and with
a duty to make earnest endeavors to fix upon them the cus-
toms of civilized and Christian life, demanded of it liberal
and benevolent achievements; while a third class, looking
to the future, demanded individual and social improvement.
It is plain, therefore, that any policy which assisted in the
accomplishment of all these avowed objects, would be gen-
erally sustained, and it is not to be wondered at that the
friends of every administration, proclaimed that its action
toward the native population was both economical and hu-
mane, and was at the same time rapidly promoting civili-
zation.
At different periods, however, public attention has been
partially diverted from one or the other of these desired
results, and the great proportion of the labor expended
has been given to that which appeared to be of the greatest
temporary importance.
If land was required, endeavors were made to induce
the Indians to relinquish it. The commissioners who
negotiated on the part of the United States must, under
the appearance of fair dealing, keep in mind the pecuniary
consideration, and effect the purchase upon the most
moderate terms possible. If Indian outbreaks were
threatened, attempts were put forth to remove apparent
causes of disturbance, and to restore friendly feeling.
This might be brought about by placing restraints upon
whites, and restrictions upon trade, or by the expenditure
4*
82
INDIAN POLICY OF THE GOVERNMENT.
of money for the benefit of the Indians, and giving to
them some of the needs of civilized domestic life.
All of these experiments were tested. Did the position
of Indian nations, in respect to neighboring civil govern-
ments, make the future incorporation of the native element
with the great body of our population seem necessary,
more earnest efforts were proposed in the interest of edu-
cation and Christianity. Still attempts to produce any of
these results might aid in securing the others. The sale
of land removed the Indians further from the white popu-
lation and furnished them with means to improve their
social condition. The establishment of trade relations, or
the bestowal of implements of husbandry, might induce
them to abandon the chase, make them more willing to
abridge the limits of their territory, and advance them in
the path of civilization. Should educational privileges be
extended, they might be prevailed upon to embrace the
opportunity of fitting themselves for citizenship, would
cease to intimidate by hostile attitude the border settle-
ments, and would dispose of all the land which they did
not actually require for cultivation. Every administration
then, might with some show of reason, defend the wisdom
of its action, whether engaged in the purchase of land and
Indian removal to the westward, or in the expenditure of
revenue for the benefit of Indians, in order to secure
tranquillity upon the border, and to bring about their
mental and moral elevation. In any event, contemporary
opinion could not decide justly upon its merits, except in
so far as immediate practical benefits were obtained. The
effect of civilizing influences would not be at once
discovered.
A faint sunlight might soon give place to the old
shadow of darkness. The good seed cast upon such a
waste of waters, might lose its power to germinate before
it found congenial soil,
·
INDIAN POLICY OF THE GOVERNMENT.
83
Soon after the formation of the new Government, Con-
gress took into consideration the condition of the native
population. Early in August, seventeen hundred and
eighty-nine, an act was passed, requiring the Secretary of
War to perform and execute such duties as should be " en-
trusted to him by the President, agreeably to the consti-
tution," relative to Indian affairs. Upon the twentieth of
the same month, an appropriation of twenty thousand
dollars was voted, to defray the expenses of negotiating
and treating with the Indian tribes; and an intimation of
the opinion of Congress, as to the power of the President
in the execution of those duties, may be gathered from
the provision which fixed the compensation of the com-
missioners whom he should appoint to make the negotia-
tions.
The
At this time most of the Indians north-west of the
Ohio had violated the treaties which they had made with
the Confederacy. The Delawares and Pottawatomies, the
Ottawa, Chippewa and Sac nations, had, upon the previous
January, agreed to live in peace with the United States,
and had, in consideration of goods promised them to the
value of six thousand dollars, granted all lands outside of
defined boundaries. The contract had never been observed
by them, and they continued in hostile attitude.
Southern Indians, with the exception of the Chickasaws,
showed an unfriendly disposition. The Government found
it necessary to send military expeditions to the North, and
to make preparations for the chastisement of the Indians
South. On the northern frontier, war continued until sev-
enteen hundred and ninety-four; and at the South, a
vacillating course of action was pursued, and treaties estab-
lishing "perpetual peace," were quickly followed by war-
like demonstrations. At length the British treaty of sev-
enteen hundred and ninety-four, and that made with Spain
in the following year, deprived the Indian nations of foreign
84
INDIAN POLICY OF THE GOVERNMENT.
1
aid and counsel, and they soon gave up the conflict, and
placed themselves under United States protection.
During these five years of confusion and excitement, it
was not possible to apply a definite Indian policy. Presi-
dent Washington recommended the enactment of laws to
govern the alienation of land by Indians, to provide for
their punishment when violating treaties, to remove from
their midst evil disposed white people, and to justify the
appointment of agents to dwell among them. He advo-
cated throughout the war conciliatory action, "a system,
corresponding with the mild principles of religion and phi-
lanthropy towards an unenlightened race of men, whose
happiness materially depends upon the conduct of the
United States."
When the contest had nearly terminated, he informed
Congress of the course he intended to adopt. He said in
his message of November, seventeen hundred and ninety-
four, "The intelligence from our army under the com-
mand of General Wayne, is a happy presage to our mili-
tary operations against the hostile Indians north of the
Ohio. *** And yet, even at this late hour, when our
power to punish them cannot be questioned, we shall not
be unwilling to cement a lasting peace, upon terms of can-
dor, equity and good neighborhood. Towards none of the
Indian tribes have overtures of friendship been spared."
Congress endeavored to propitiate the Indian nations by
salutary and liberal legislation. Little public effort had
hitherto been made to improve their condition. Now it
was proposed to protect them from the impositions prac-
ticed by white individuals, and to introduce among them
the habits of civilized society. The Government proffered
them its protection, and promised non-interference on the
part of its citizens. The law of seventeen hundred and
ninety prevented the white population from obtaining
possession of the lands of Indians, and forbade any trade.
INDIAN POLICY OF THE GOVERNMENT.
85
with them, except under license obtained through the
public departments.
The law of seventeen hundred and ninety-three re-en-
acted similar provisions, and prescribed more severe pen-
alties in case of disobedience. It also forbade white inhab-
itants to settle on Indian land under penalty of fine and
imprisonment, and made crimes committed against Indians
by whites, punishable in like manner as those committed
against citizens. It also provided, "That, in order to
promote civilization among the friendly Indian tribes, and
to secure the continuance of their friendship, it shall and
may be lawful for the President to cause them to be fur-
nished with useful domestic animals and implements of
husbandry, and also to furnish them with goods and money
in such proportions as he shall judge proper, and appoint
such persons from time to time as temporary agents to re-
side among the Indians, as he shall think proper,” but
expenditures for such purposes shall not exceed twenty
thousand dollars per annum.
By legislation, and through the treaty-making power,
Government also established control over the New York
Indians and over the Cherokee and Creek nations. All
other Indians, living within State boundaries, remained
subject to State authority. This control however was but
partial. Government directed the disposition of land, reg-
ulated trade and intercourse, and appointed its agents to
supervise Indian affairs. It gave to its courts and those
of the States concurrent criminal jurisdiction in cases where
United States statutory offences were committed against
Indians in their country, and within State limits. It ad-
mitted the exclusive jurisdiction of the State courts to try
crimes committed by whites against whites upon Indian
reservations, and even decided that the power had never
been conferred upon its own courts, to punish Indians for
offences committed against whites, when perpetrated with-
$
86
INDIAN POLICY OF THE GOVERNMENT.
in a State, and outside of a reservation. The Government
also re-enacted the ordinance of seventeen hundred and
eighty-seven, and provided for the appointment, by the
President, of the officers of the North-west Territory:
North Carolina ceded the Western lands which it had
claimed, and the above mentioned ordinance was extended
over all the territory south of the Ohio. This territory
composed a single district, and the powers and duties of
governor were united with those of superintendent of In-
dian affairs. Soon after, Kentucky was formed within
the jurisdiction of the commonwealth of Virginia, and ad-
mitted as a State.
At the conclusion of the war, the Indians were in des-
titute circumstances, especially those on the Northern
frontier. Government commenced a vigorous peace policy,
and adopted such measures as seemed best calculated to
obtain and make lasting their friendship, and at the same
time render them more dependent. Congress appropriated
fifty thousand dollars for the purchase of goods, and passed
an act for the purpose of carrying on with them a just and
liberal trade." Treaties were entered into, by which the
United States covenanted to maintain them in the peaceable
possession and quiet enjoyment of their territory, and
promised permanent annuities. To enable and induce
them to adopt civilized customs, and establish fixed abodes,
they were furnished with agricultural implements, also
with instructors to teach the habits practiced in civilized
communities. Some of the nations were even more abun-
dantly supplied. They received the necessary machinery
to prepare material for the construction of comfortable
dwellings, and to make ready for household use the grain
which might reward their labors in cultivating the soil.
Educational and religious experiments were also under-
taken. Government aid was granted to assist in erecting
school houses, and church edifices, and the missionaries,
INDIAN POLICY OF THE GOVERNMENT.
87
maintained by different Christian denominations, were en-
couraged in the performance of the good work in which
they had engaged.
But the guardianship so carefully entered upon, was
calculated to retard the progress of civilization, although
it might secure temporary peace. The attempted exclusion
of the white population from the Indian country, by the
passage of the stringent intercourse act of seventeen hun-
dred and ninety-six, deprived the Indians of the example
of law-abiding citizens, and left to them as types of white
morality and intelligence, those representatives of debased
humanity whom the most severe legal measures yet devised
have not prevented from affiliating with the native race.
By the provisions of that act the boundary line of the In-
dian country was to be determined, and no white individ-
ual could cross the same and enter that country without a
license or passport; and should any one enter for the
purpose of trade, or even of hunting, he rendered himself
liable to fine and imprisonment.
This law expired by limitation in March, seventeen
hundred and ninety-nine, but it was then reënacted and
made to apply to any variation of boundary which might
in future be declared. It is hardly possible that those
by whom it was framed, supposed that it could be rigidly
enforced; but they rather intended that it should furnish
the requisite authority for the removal of troublesome and
evil-intentioned persons, and supply the Indians with
the power to rid themselves of those who might give them
annoyance. It had the effect, however, to shut out from
Indian intercourse that class of individuals who obey
simple prohibitions because of conscientious regard for
law, and scarcely restrained that other class who are alone
deterred from the commission of crime by the fear of in-
curring penalties.
The "Trading House Act" which was passed in seven-
!
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INDIAN POLICY OF THE GOVERNMENT.
teen hundred and ninety-six also opposed the social im-
provement of the Indian, and exercised a demoralizing
tendency upon the officers of the Government. It empow-
ered the President "to establish trading houses at such
posts and places on the Western and Southern frontier, or
in the Indian country, as he should judge most convenient
for the purpose of carrying on a liberal trade with the
several Indian nations within the United States."
He was
required to license all traders and to prescribe rules and
regulations to govern their action. The latter should
trade for furs and skins only, and solely on public account.
They were forbidden to receive any emoluments or gain
from trade, but should be compensated for services by
fixed salaries.
The friends of this act, however, did not advocate it in
the interest of civilization.
They wished to accomplish two objects: one of which
was the securing of the friendship of the Indians by sup-
plying their wants, and the other the supplanting of the
British traders in their influence over the Indians. It was
said that France, Britain, and Spain had wisely adopted
such a policy; that the United States had hitherto pur-
sued war at an enormous expense, and that it was time
to try commerce; that the Indians had sufficient sense
not to abandon allies who furnished them with necessary
goods.
The Indians had, in fact, more sense than they received
credit for. They could understand the meaning of the
constant encroachments made in the progress of settle-
ment. They saw clearly that their lands were gradually
passing from their possession, and that unless white ad-
vances could be checked, they would be obliged to retire
in order to obtain subsistence, or else submit to the dicta-
tion of their rivals. That fear influenced their actions
more than the desire for commerce, and rendered them
INDIAN POLICY OF THE GOVERNMENT.
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always willing to assist any foreign force engaged in hos-
tilities against this immediate disturber of their peace and
apprehended cause of future grievances.
The act appropriated one hundred and fifty thousand
dollars, as the capital stock to be used in the trade, and
eight thousand dollars as the yearly compensation of the
factors and clerks who should be appointed to conduct the
business; but as all barter was strictly confined to the
purchase of skins and furs, no Indians could participate in
the benefits of the traffic, unless they had those articles
for sale. It therefore encouraged a continuance and a
more zealous following of their natural pursuits, and had
in no respect the slightest tendency to wean them from
their nomadic habits.
The act was limited to a single year, but it was revived
in eighteen hundred and two, and substantially continued
by periodical legislation for twenty years. It furnishes an
illustration of the difficulty of destroying any Government.
system of action, which may possibly bring remote benefi-
cial results, in the creation and duration of which a class
of individuals are pecuniarily interested, and of the utter
impossibility of confining it within originally intended
bounds, while practiced. The law as revived in eighteen
hundred and three contained no new provisions; but in
eighteen hundred and five, an additional one hundred
thousand dollars was appropriated, for the purpose of
establishing new trading houses. In the following year,
the appointment of a Superintendent of Indian trade was
anthorized, who should be charged with the duty of pur-
chasing all goods, sending the same to posts, and receiving
and disposing of, at public auction, the furs obtained
therefor. The capital stock was increased to two hundred
and sixty thousand dollars, and ten thousand dollars was
fixed as the united salaries of factors and clerks.
In eighteen hundred and nine, the capital stock was
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INDIAN POLICY OF THE GOVERNMENT.
made three hundred thousand dollars; and in eighteen
hundred and eleven, the superintendent was directed to
purchase and ship to the proper destination, all annuity
goods purchased under treaties. Thus was the system con-
tinued by legislation until eighteen hundred and twenty-
two, when the President was required to cause the houses
to be closed, the accounts to be settled, and the proceeds
remaining to be used in arranging treaties with, and paying
annuities to Indians. It was continued and extended,
although it utterly failed to accomplish the objects ex-
pected of it, and resulted in a loss to Government from the
time it was first organized-the average yearly loss being
about three per cent of the money invested, if the salaries
paid to officers is taken into computation. The conduct
of the Indians, during the disturbances of eighteen hun-
dred and twelve and thirteen, conclusively demonstrated
the fact, that foreign governments had not lost their influ-
ence over them, and the experiment also proved that the
United States cannot compete with private parties in In-
dian trade enterprises. And yet, notwithstanding the
evidences of failure were so clearly apparent that resulting
future good could not be reasonably anticipated, the sys-
tem had become so firmly established, and was so persis-
tently defended and supported by its friends, that it
required the most determined efforts to effect its de-
struction.
The active peace policy inaugurated by Government,
after the forced submission by the Indian nations during
the latter part of the century, seemingly promised satis-
factory results.
President Jefferson, in his first message, informed Con-
gress, that their condition was improving; that they had
begun to see the necessity of assistance; that they had not
only ceased to decrease, but were actually increasing in
numbers. In subsequent messages they were represented
INDIAN POLICY OF THE GOVERNMENT.
91
as living peaceably, and engaging quite extensively in agri-
culture, and as disposing of portions of their lands to obtain
means to make further advancement. Endowed, he says,
with the faculties and rights of men, and occupying a
country which left them no desire but to be undisturbed,
the stream of population has overwhelmed them, and now,
"reduced within limits too narrow for the hunter's state,
humanity enjoins us to teach them agriculture, and the
domestic arts, and to encourage them to that industry,
which alone can enable them to maintain their place in
existence. * * We have therefore furnished them lib-
erally with the implements of husbandry and household
use. We placed among them instructors in the arts of first
necessity. They are covered with the ægis of the law
against aggressors from among ourselves ;" and were it not,
he intimates, for the evil counsel and example of crafty in-
dividuals who had gone among them, their improvement
would be decided and lasting.
It is well to note in this connection, that those tribes or
nations which were evidently making progress, occupied,
or had occupied for a long time, the border of civilization.
The southern Indians, says Jefferson, are much more ad-
vanced than those north; and Calhoun, as late as eighteen
hundred and twenty, reported as follows: "While many
of the Indian tribes have acquired only the vices with which
a savage people usually become tainted by their intercourse
with those who are civilized, others appear to be making
gradual advances in industry and civilization. Among the
latter description may be placed the Cherokees, Choctaws,
Chickasaws, and perhaps the Creeks; most of the remnants
of the Six Nations in New York, the Wyandottes, Senecas
and Shawnees at Upper Sandusky."
The Cherokees stand first, and have two flourishing
schools. It is pertinent here to note the fact that progress
was really confined to those Indian nations more immedi-
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INDIAN POLICY OF THE GOVERNMENT.
ately in contact with the whites; because about the date
when Mr. Jefferson gave utterance to the remarks which
have been quoted, a new feature of the Indian policy ap-
peared, destined to become in later years, the one most
important and prominent. It was the plan at this time
suggested and afterwards adopted, of removing the eastern
Indian population beyond the Mississippi River, where it
might be as far away as possible from interference on the
part of citizens or white individuals, and where it would
cease to give annoyance to the white communities, which
were rapidly increasing in the West. Mr. Jefferson enter-
tained the supposition, that such a plan successfully carried
out, would result in benefit to both races. The acquisition
of the Louisiana territory presented the opportunity of
putting it in operation.
Little however at this time was attempted, for popular
opinion was not prepared to favor so radical an experiment.
It had not fully endorsed the proposition of the first Secre-
tary of War, General Knox, who advocated the gradual
removal of the Indians to the West, and the purchase of
such portions of their territory as advancing white popula-
tion should demand. To extinguish the Indian title to a
vast amount of territory before it was actually required for
settlement, and to remove its occupants by Government aid
involved too great an expenditure, was of doubtful expedi-
ency and was possibly inflicting a wrong upon the native
race. No active measures were therefore engaged in,
further than attempts to induce emigration by advice and
slight pecuniary considerations; and the war of eighteen
hundred and twelve, which destroyed to a great extent the
friendly relations between the Indians and the United
States, rendered the operation of any definite policy impos-
sible. But after the settlement of the difficulties incident
to the war, the question of removal again came up for con-
sideration.
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INDIAN POLICY OF THE GOVERNMENT.
93
Its friends now advocated the colonization of all the
eastern Indians within two large reservations, or declared
territories—one of which should be created west of the
Mississippi, and the other near the northern frontier.
The plan had many favorable recommendations, whether
examined in a utilitarian point of view, or benevolently
considered. The Indians retarded the expansion of popu-
lation, and the development of large tracts of country.
Their presence within State limits caused conflicts between
State and United States authorities, and gave rise to ques-
tions of jurisdiction, which were beginning to assume a
serious aspect. Their scattered condition made it well
nigh impossible to establish over them sufficient control to
prevent serious outbreak, and the inhabitants upon the
border were without the security which they had a right
to demand. The philanthropist might add, that the In-
dians could not be improved as long as they remained in
the neighborhood of the whites; for as situated, they were
brought in contact with the lower classes of society, and
were influenced to imitate vices, rather than to be guided
by examples of virtue. They should therefore be placed
in localities beyond the reach of crafty and mischief-mak-
ing individuals, where they could be more efficiently pro-.
tected by the strong arm of the law, and where they might
be under the direction of faithful and competent instruct-
ors, who could induce them to assume other habits, and
bring them gradually to a knowledge of the customs of
civilized life.
The opponents of the plan stoutly contested these argu-
ments, and were apparently able to produce as convincing
proofs in support of their own theories. Much of the rea-
soning was based upon doubtful and imaginary premises,
because of different opinions entertained respecting the
nature and capacity of the native race. It was denied that
the condition of the Indians would be improved by thrust-
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INDIAN POLICY OF THE GOVERNMENT.
ing them further back into the wilderness, where they
would again take up former practices, and unlearn all that
had been taught them. It was claimed that the territory
which they had already relinquished furnished ample room
for any increase of population which could be reasonably
anticipated during a series of years, and they should be
allowed to remain stationary, where they could be better
encouraged to make permanent improvements, and thereby
acquire local attachments, and the usages suited to a new
mode of living. The objection that it was hazardous to
create an Indian territory, and build up a separate sove-
reignty within the United States limits, was met by the as-
sertion, that the Indians would become civilized before
there could be any danger of conflict. The objection that
the execution of the plan would be attended with too great
an expense, was answered by the statement, that removal
must at some time take place, and that the longer it was
postponed, the greater would be the cost attending it. "It
cannot be doubted," said Calhoun, "that much of the
difficulty of acquiring additional cessions from the Chero-
kees, and other southern tribes, results from their growing
civilization and knowledge." A wise economy therefore,
directed that the removal be made as quickly as possible.
The measure was strongly favored by Mr. Monroe, and
he began to act upon it soon after he had assumed the
duties of the presidential office. In July, eighteen hun-
dred and seventeen, a portion of the Cherokee nation
agreed to accept land in Arkansas. During the following
year the Delawares ceded to the United States their pos-
session in Indiana, and the Government agreed to provide
for them a country west of the Mississippi, to pay them
the value of the improvements which they had made, also
a perpetual annuity, and to furnish them with provisions.
and the necessary assistance for their journey. Shortly
thereafter, President Monroe urged his views upon Con-
INDIAN POLICY OF THE GOVERNMENT.
95
gress. He said in a special message relating to the Georgia
affairs: "
"My impression is equally strong that it would
promote essentially the security and happiness of the tribes
within our limits, if they could be prevailed on to retire
west and north of our States and territories, on lands to
be procured for them by the United States. Surrounded
as they are, and pressed as they will be on every side by the
white population, it will be difficult, if not impossible for
them, with their kind of government, to sustain order, etc."
He then remarks that the United States could adopt a
general system for their improvement in their new homes,
in which the whole country would take an interest. Again,
in his message of eighteen hundred and twenty-five, he
says in speaking of the Indians: "Experience has demon-
strated, that in their present state it is impossible to in-
corporate them in such masses in any form whatever into
our system. It has also demonstrated with equal cer-
tainty, that without a timely anticipation of and provis-
ion against, the danger to which they are exposed under
causes which it would be difficult, if not impossible, to
control, their degradation and extermination will be in-
evitable."
The work of removal was now energetically pursued,
and was made the more important on account of the posi-
tion taken by the State of Georgia. Her western territory
had been relinquished on condition that the United States
would extinguish the Indian title to the lands within her
agreed boundaries, and she demanded performance of the
condition. The Cherokees within that State had, under
treaty authority, formed a government of their own, and
denied that State jurisdiction extended over them. The
case was considered by Congress, and although the weight
of opinion upheld the Cherokees in their asserted right of
self-government, and also conceded their right to remain
within the State until they might be willing to depart
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INDIAN POLICY OF THE GOVERNMENT.
therefrom, the best remedy out of the difficulty was
thought to consist in the withdrawal of the cause of dis-
content. A home in the West, "which should never in
all future time be embarrassed by having extended around
it the lines, or placed over it the jurisdiction of a territory
or State," was promised them in the treaty of eighteen
hundred and twenty-eight.
The whole subject of Indian removal was debated at
length in Congress. In the meantime, the administration
zealously labored to execute treaties, by which the Indians.
should consent to emigrate. President Adams remarked,
that the United States had endeavored to advance them
and when attempts had been partially rewarded, they
were found to exist as independent communities in our
midst." He recommended therefore, that they be sent
West. President Jackson advised, that Congress set apart
an ample district west of the Mississippi, and without the
limits of any State or territory, to be guaranteed to the
Indian tribes as long as they shall occupy it; each tribe
having the management of its own portion of the district,
and being "subject to no other control from the United
States, than such as may be necessary to preserve peace on
the frontier, and between the several tribes. There the
benevolent may teach, and an interesting commonwealth
may be raised up, destined to perpetuate the race, and
attest the humanity and justice of this Government.
Congress passed an act authorizing the President to
cause the necessary territory lying west of the Mississippi
River, and not included within any State or territorial
government, to be divided into a suitable number of dis-
tricts, and to exchange land with those Indians with whom
the United States had treaty relations. The President
was also authorized to guarantee title, and to promise the
Indians aid to remove to, and protection in, their new
residence.
INDIAN POLICY OF THE GOVERNMENT.
97
Assurances that the tribes who agreed to the exchange
should be undisturbed in the control of their own affairs,
were omitted in the act, but were fully set forth in treaties,
which generally contained the stipulations, that they might
enjoy their own form of government, and make their own
laws-subject however, to the regulations of Congress in
the matter of intercourse-and that their lands should
never be included in any State or territory of the Union.
The plan of removal had now received governmental
sanction. The views of several administrations respecting
its importance, the zeal with which it was prosecuted, and
the benefits expected to result therefrom, can be briefly
presented by the introduction of a few extracts from
presidential messages and official reports. The annual
message for eighteen hundred and thirty informs Congress
that the speedy removal of the Indians to the West is im-
portant to the General Government, the State governments,
and to the Indians themselves. It will prevent danger of
collision between general and state governments, will free
the Indians from the power of the States, and enable them
to pursue happiness in their own way. It will retard
decay among them, and they may possibly become inter-
esting and civilized communities. Treaties had been made.
with the Choctaws and Chickasaws, "probably the last that
will ever be made with them," which are characterized by
great liberality on the part of Government."
66
The annual message for the succeeding year contains
the following: "It is confidently believed that persever-
ance for a few years in the present policy of the Govern-
ment, will extinguish the Indian title to all lands lying
within the States, and remove beyond their limits every
Indian who is not willing to submit to their laws.”
In the message of eighteen hundred and thirty-two, the
following is found: "I am happy to inform you that the
wise and humane policy, of transferring from the eastern to
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INDIAN POLICY OF THE GOVERNMENT.
the western side of the Mississippi, the remnants of our
aboriginal tribes, with their own consent and upon just
terms, has been steadily pursued and is approaching I trust
its consummation.”
The message of eighteen hundred and thirty-three an-
nounces the fact, that if the several treaties entered into
for the relinquishment of territory and migration of the
Indians are ratified, provision will have been made for the
removal of almost all the tribes, remaining east of the Mis-
sissippi. The Indians, "have neither the intelligence, the
industry, the moral habits, nor the desire of improvement,
which are essential to any favorable change in their condi-
tion." If the fate of disappearing before a superior civili-
zation is to be averted, it must be brought about by re-
moval. Those who have emigrated are reported to be
doing well.
The message of eighteen hundred and thirty-four
states: "No important change has during the season
taken place in the condition of the Indians. Arrangements
are in progress for the removal of the Creeks and Semi-
noles. The Cherokees east of the Mississippi have not yet
determined to remove. The experience of every year adds
to the conviction, that emigration and that alone can pre-
serve from destruction the remnants of the tribes yet liv-
ing among us." In his report of eighteen hundred and
thirty-three, the Secretary of War commends the policy of
Government in removing the Indians to the West, where
they might physically and morally improve, and alludes to
the advancement which those who have emigrated were
making. They were rapidly improving, were erecting
dwellings, and laying the foundation of a social system,
which it is to be hoped will afford them security and pros-
perity." He says, that the whole country north of the
Ohio and east of the Mississippi, as far as the Fox and Wis-
consin Rivers, has been cleared of the embarrassments of
66
INDIAN POLICY OF THE GOVERNMENT.
99
Indian relations; for the Indians have either migrated or
have stipulated to do so within short periods. They will
be comfortable in their new homes, "unless indeed the aid
and efforts of the Government are rendered useless by their
habitual indolence and improvidence." The Cherokees,
occupying portions of land in Georgia, Alabama, North
Carolina, and Tennessee, numbering about eleven thousand,
are the only Indians south of the Ohio and east of the Mis-
sissippi, with whom an arrangement has not been made,
either for emigration or for a change of political relations.
President Van Buren, in his message of eighteen hundred
and thirty-eight, said that the measures lately pursued
"have rendered the speedy and successful result of the long
established policy of the Government upon the subject of
Indian affairs, entirely certain. The occasion is therefore
deemed a proper one, to place this policy in such a point
of view as will exonerate the Government of the United
States from the undeserved reproach which has been cast
upon it through several successive administrations. That
a mixed occupancy of the same territory by the white and
red man is incompatible with the safety and happiness.
of either, is a proposition in respect to which there has
long ceased to be sufficient room for a difference of opinion.
* * * The remedial policy, the principles of which were
settled more than thirty years ago under the administra-
tion of Mr. Jefferson, consists in an extinction, for a fair
consideration, of the title to all lands still occupied by the
Indians within the States and territories of the United
States, their removal to a country west of the Mississippi,
much more extensive and better adapted to their condition
than that on which they then resided; the guarantee to
them by the United States of their exclusive possession of
that country forever, exempt from all intrusions by white
men, with ample provisions for their security against exter
nal violence, and internal dissensions, and the extension to.
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INDIAN POLICY OF THE GOVERNMENT.
them of suitable facilities for their advancement in civiliza-
tion. This has not been the policy of particular adminis-
trations only, but of each in succession since the first attempt
to carry it out under that of Mr. Monroe." The manner
of its execution has given rise to conflicts of opinion; "but
in respect to the wisdom and necessity of the policy itself,
there has not, from the beginning, existed a doubt in the
mind of any calm, judicious, disinterested friend of the
Indian race, accustomed to reflection and enlightened by
experience." Mr. Van Buren then indulges in prophetic
fancies, and romantically exclaims: "and if in future
time a powerful, civilized and happy nation of Indians shall
be found to exist within this Northern continent, it will be
owing to the consummation of that policy which has been so
unjustly assailed." He then speaks of the Cherokees lately
removed, to whom Government granted in fee thirteen
millions of acres, in exchange for nine millions, and stipu-
lated to pay a large sum of money," thereby putting it in
their power to become one of the most wealthy and inde-
pendent communities of the same extent in the world."
He further remarks that "the case of the Seminoles con-
stitutes the only exception to the successful efforts of the
Government to remove the Indians to the homes assigned
them west of the Mississippi.
وو
Mr. Tyler, in his message of eighteen hundred and forty-
two, thus speaks of improvement among the Indians :
"With several of the tribes, great progress in civilizing
them has already been made. The schoolmaster and the
missionary are found side by side, and the remnant of what
were once numerous and powerful nations may yet be pre-
served as the builders up of a new name for themselves and
their posterity." And again, in eighteen hundred and
forty-four, he says: "The Executive has abated no effort
in carrying into effect the well established policy of the
overnment, which contemplates a removal of all the tribes
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INDIAN POLICY OF THE GOVERNMENT.
101
A
residing within the limits of the several States, beyond
those limits, and it is now enabled to congratulate the
country at the prospect of an early consummation of this
object. *** We may fondly hope that the remains of
the formidable tribes which were once masters of this
country will, in their transition from a savage state to a
condition of refinement and cultivation, add another bright
trophy to adorn the labors of a well directed philanthropy."
Mr. Polk maintained and pursued the same Indian
policy, and in eighteen hundred and forty-seven, Secre-
tary Marcy reported as follows: "Our relations with the
tribes is yearly extending, and in many respects assuming
a more interesting character. The wise policy of separat-
ing the Indians residing in States and organized territories,
from contiguity to, and intermingling with, the white popu-
lation, and of settling them in a quiet home, removed as
far as practicable from the reach of influences so perni-
cious to their well being, has been steadily pursued, and
generally with favorable results."
From the first report of our first Secretary of the Inte-
rior, made in eighteen hundred and forty-nine, we are led
to believe, that the wisdom of the policy had not been over-
estimated, and that it was about to yield the abundant
harvest of good which had been so confidently promised.
He says: "Most of the tribes located permanently on our
western border, and particularly the more southern, con-
tinue steadily to advance in civilization, and in all the ele-
ments of substantial prosperity. The establishment of
manual labor schools in charge of missionary societies of
various religious denominations, is working a great moral
and social revolution among several of the tribes, and if the
department had the means of extending the benefits of
these institutions to those now destitute, it would no
doubt be productive of like happy results."
But a decided change in the tone of state papers and
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INDIAN POLICY OF THE GOVERNMENT.
',
official reports is about to take place. It is suddenly per-
ceived that the Government, if it has not committed a pal-
pable error, has at least failed to accomplish the objects
desired. Much of the labor and expense attending the
execution of the sweeping plan of removal, and subsequent
education of the native population, have been barren of
beneficial results. Says the Secretary of the Interior in
his report of eighteen hundred and fifty three: "It is
folly to attempt to conceal the fact, that under the present
system, the Indians have not for many years past advanced
in morality, integrity, or intelligence. * * * Much of
the philanthropy and charity manifested for them, has
been wrongfully directed."
The Commissioner of Indian Affairs, who had that year
returned from a visit to the Indian territory, reported that
what had been said about the advancement of the Indians.
was in a great measure false. They had houses, but they
did not live like white people. They refused to work, and
showed a decided inclination to consume all the ardent
spirits they could by any possibility obtain. Later, and
in eighteen hundred and fifty-five, the Secretary of the
Interior thus addressed President Pierce upon the subject
of the removal of the Indians, and the guarantees which
the Government had given them: "The country was
congratulated by one of your predecessors, upon the re-
moval to their new homes, and the dawning to them of a
new and happy era was publicly proclaimed. But this
guarantee has not been fulfilled, and that propitious time
has not yet arrived. A quarter of a century has not elapsed
before the same state of things, so much deplored, is
found to exist, and the evil that was intended to be reme-
died appears in a far more appalling form. The strong
arm of the Government is constantly invoked to stay its
progress, and the guarantee is continually held up to us
for faithful performance. Our only reply to all the ap-
INDIAN POLICY OF THE GOVERNMENT.
103
1
peals made, is, that "the force of circumstances has ren-
dered it impracticable."
From such and many similar expressed opinions of that
period, it is safe to conclude, that the policy which suc-
cessive administrations had acted upon, had not been ad-
vantageous to the Indian, or had not at least, advanced
him in the moral or social scale,-whatever may have been
the substantial benefits which it secured to the General
Government. It would appear in fact, that the Indian
had retrograded since the completion of his westward
pilgrimage. The Secretary of the Interior, in eighteen
hundred and fifty-one, spoke in commendatory terms of
the New York Indians, who upon the petition of the citi-
zens of that State had been permitted to remain in their
eastern home. They were then making gradual advances
in agriculture and civil pursuits, and although they had
been constantly subjected to all the destructive influences
of contiguous white neighborhood, were living under their
own government, and bid fair to surpass their formerly
more favored southern brethren in acquiring the habits.
necessary in a progressive social development. They were
undoubtedly in much better circumstances than they would
have been, had they removed to the Indian territory as
they stipulated to do in the treaty of eighteen hundred
and thirty-eight, and received the one million acres of
land, together with the pecuniary consideration, which
had been promised them. Their condition at the present
time is probably more advanced than it would have been
had they migrated and recommenced the labor of improve-
ment. The progress which they have made during the
last half century, exposes the fallacy of the doctrine, that
Indians cannot exist in the presence of, and in contact
with, a superior cultivated race, and also shows that they
are no more subject to decay, or disorganization, when
thus situated, than when dwelling apart by themselves.
.
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INDIAN POLICY OF THE GOVERNMENT.
It also shows, when compared with the progress of the
southern nations since their settlement in the Indian
country, that the red man is more rapidly improved when
in constant communication with the whites, than when
debarred from intercourse with them-even if supplied
liberally with instructors from whom he can derive a
knowledge of the habits and practices of a people occupy-
ing a higher plane of existence.
Expediency may have dictated the removal of the more
populous Indian nations to a country beyond State limits,
in order to check conflicts of State and Federal authorities.
It may have warranted such removal on the ground, that
the powerful, independent, and irresponsible communities
endangered the scattered white inhabitants, retarded the
growth of newly-planted settlements, prevented the culti-
vation of large tracts of productive land, and finally ar-
rested general development. But the less important
tribes, and especially the insignificant bands with which
the Government treated, should have remained in the east,
in the possession of convenient and much abridged re-
servations, where circumstances would have induced them
to copy, by degrees, the customs of those by whom they
were surrounded.
The plan of removal was too thoroughly executed. As
viewed in the light which the experience of years has
thrown upon it, it did not benefit the Indian, and only
brought relief to the country by the temporary elimination
of a troublesome element in society. As far as it brought
relief, it might be rationally defended; but when the
necessity of removal did not actually exist, in order that
disturbing causes might be displaced, it cannot be sup-
ported. Government committed an error, in forcing into
the wilderness those straggling bands which had already
become partially civilized. The money expended in fitting
them out with guns, blankets, kettles and tobacco, for
INDIAN POLICY OF THE GOVERNMENT.
105
their journey, and in furnishing them with a year's pro-
visions, could have been better employed in administering
to their wants in their former habitations.
De Tocqueville's remarks upon the uncharitableness of
the country, called forth by witnessing the poverty and
wretched appearance of Indians who were awaiting trans-
portation across the Mississippi, and the criticisms of
American citizens who opposed the administration, con-
tained much deserved censure, and now appear more
significant than the declarations of Presidents Van Buren
and Tyler, who so confidently proclaimed the wisdom and
liberality of their action.
More particular attention will be given to the effect of
the policy, when hereafter its cost and the measure of
advancement attained by those who have been longest
under its influences are considered. It has not within the
last quarter of a century been pursued to any great extent.
An occasional removal to the Indian territory has been
accomplished, but the scattered tribes have for the most
part been allowed to remain upon portions of their
own lands, having relinquished, under treaty, possession
of such portions as Government could persuade them to
dispose of when it wished to concentrate them, so that
they could be more readily supplied, or to open up tracts
of country for settlement, or to disencumber routes of
travel. Still, the idea of gathering the native population
within two or three large territorial reservations, to be
devoted exclusively to its use and occupation where it could
not be contaminated by contact with overreaching and de-
moralized whites, and where it could be easily controlled
and possibly taught the essential requirements of a higher
and better life, has never been abandoned.
The tribes which inhabited the country adjacent to the
present Indian territory have been placed within its boun-
daries, and inducements have been held out to those more
+
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INDIAN POLICY OF THE GOVERNMENT.
1_
remote to remove within the same, but they have generally
proved unavailing. The Commissioners appointed under
the act of eighteen hundred and sixty-seven, to meet and
negotiate with certain hostile tribes, were empowered to
select a district or districts, which should become and
remain the permanent home of those Indians who should
consent to live therein. The Commissioners advocated
the establishment of an additional Indian territory, situa-
ted above the Nebraska line, and recommended that nearly
all the northern tribes roaming east of the Rocky Moun-
tains be there concentrated, while those at the south be
gathered within the territory already existing. The plan
was adopted and the new reservation declared; but owing
to the bitter hereditary feuds actively maintained by mem-
bers of the different tribes, or an inclination on their part
ra
to continue nomadic habits, the undertaking met with
little success. Now the Indian Bureau is again attempting
to draw the northern bands to the old Indian territory-
especially those which have made progress in civilization.
We will glance, for a moment, at the general Indian
legislation of the country, during the period which has
thus been hastily traversed, to ascertain more fully the
methods adopted by the Government, to restrain the native
population, and by what especial branches of the executive
authority, control has been exercised.
From the organization of the Government until eigh-
teen hundred and forty-nine, when the Interior Depart-
ment was created, the management of Indian affairs de-
volved upon the Secretary of War. For many years the
expenditures, except when active hostilities existed, were
light. But few agents were appointed, but few expensive
treaties were made, and but little money was disbursed
for the general welfare and improvement of the native race.
As communication with the interior was opened, and
population spread itself over the western territory, our
INDIAN POLICY OF THE GOVERNMENT.
107
Indian relations were correspondingly extended and the
duties of control necessarily increased. In eighteen hun-
dred and eleven, the Superintendent of Indian Trade, ap-
pointed under the trading-house acts, was directed to at-
tend to the distribution of annuities; but when that office
was abolished in eighteen hundred and twenty-two, the
direct supervision of all Indian matters again fell upon the
War Department, and so continued until eighteen hundred
and thirty-two, when the Indian Bureau was created, a
Commissioner of Indian Affairs appointed, and a separate
office established at an annual cost of ten thousand dollars.
This Commissioner, though placed under the authority
of the Secretary of War, and subject to such regulations
as the President might prescribe, had "the direction and
management of all Indian affairs, and of all matters arising
out of Indian relations," and passed upon all accounts
connected therewith, which were by him referred to the
proper accounting officers of the treasury.
The act transferring the Bureau to the Home Depart-
ment, authorized the Secretary of the Interior to exercise
all the supervisory and appellate powers formerly exercised
by the Secretary of War, in relation to all the acts of the
Commissioner.
The War Department had executed the labor of Indian
removal, had established relations with nearly all the tribes
roaming over the United States territory, and had devel-
oped a system of conducting business, as similar in form as
that which characterized army transactions, as legislation
and circumstances permitted. Army officers and Indian
agents had been answerable to the same authority. Their
spheres of duty were distinct, but they were often called
upon to act in unison, when Indians became refractory, or
threatened to break out into rebellion. As they derived
their separate powers from the same source, and as those
powers were well defined, there was little probability that
108
INDIAN POLICY OF THE GOVERNMENT.
:
conflicts would arise, when united action became necessary.
Responsibility to the same head, also created a common
interest, and the different branches not only became mu-
tually reliant, but were sharp observers of each other's de-
relictions of duty. They occupied the same field and were
in constant communication. The agent was present to
discharge Government obligations, the soldier to restrain
and to inflict punishment when merited. The War De-
partment held within its own grasp these distinct forces,
and applied them to suit the variable conditions of different
tribes.
The Interior Department assumed the management of
Indian affairs, without the power to coerce disobedient
bands, and expected to accomplish its work through per-
suasion. In fact an argument in favor of the transfer of
the Bureau, was, that too much force had hitherto been
used, and too little attention paid to milder methods; and
for that reason Indian advancement had been unsatisfac-
tory. Said Commissioner Brown Among the more im-
portant duties of this office, are those which relate to the
civilization of our Indian tribes," and the Secretary of the
Interior, in eighteen hundred and fifty-one, said that civili-
zation "must be commenced by substituting kindness for
coercion, by feeding and clothing, rather than by warring
upon and driving them from their territory." It is possi-
ble that the Interior Department did not intend to man-
age rebellious tribes. The first Secretary refused to accept
the Florida Indians until they had been properly punished,
and manifested a willingness to be improved. In the possi-
ble event that any of the tribes could not be controlled
through kindness, it was easy to turn them over to the
army for chastisement.
Another consequence of the transfer was the creation
of apparently separate interests, on the part of the officers
of the two departments. Each class felt independent of
簪
​INDIAN POLICY OF THE GOVERNMENT.
109
the other. The feeling of mutual reliance was destroyed,
and there sprung up in its stead a spirit, if not of jealousy,
at least of distrust, lest either party might make unwar-
ranted assumptions, or declarations of authority. The
checks formerly existing upon illegal or fraudulent trans-
actions, by reason of the watchfulness which a conscious
common responsibility produced, were removed, and the
scattered agents, if not strongly armed with intelligence
and integrity, became the willing or unwilling prey of
tricky contractors and designing knaves.
The Interior Department has retained the management
of Indian affairs to the present time. Since eighteen hun-
dred and forty-nine, the labor and responsibility incident
thereto have greatly increased. Remote tribes have been
brought within treaty relations, and have been placed
under special guardianship. The provisions of the trade
and intercourse laws have been extended, by legislation,
over the Indian nations transferred to us by Mexico, and
indeed over all of those within United States jurisdiction
who occupy the Pacific slope, including the inhabitants of
the territory of Alaska.
This management has, from year to year, become more
independent and exclusive. Congress, in eighteen hundred
and fifty-one, strangely abridged the constitutional right
of the President to select commissioners or ministers for
the purpose of framing Indian treaties. It enacted, that
all such negotiations should be conducted by the officers
and agents of the Indian Department, who should not re-
ceive any additional compensation for the extra services.
The President was still allowed, and even compelled, to
designate the party by whom a treaty should be negotiated,
but was confined in his selection to the particular class of
persons amenable to the authority of the Commissioner of
Indian Affairs.
Congress might as lawfully have stripped the Executive
t
•
..
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110
INDIAN POLICY OF THE GOVERNMENT.
of all discretion in appointment, as to have thus fettered
its action. It can as well take away as limit a power con-
ferred by the constitution. The Interior Department
could as well have objected to this act upon legal grounds,
as to that of eighteen hundred and seventy-three, which
deprived the Indians of formerly recognized treaty privi-
leges. It did not, however, but quietly submitted to the
new provisions. The law placed the entire native popula-
tion more completely under its control, and its agents
could frame and negotiate treaties according to its dicta-
tion. It not only did this, but it also augmented the re-
sponsibility of the Indian Department in the expenditure
of money, since that department created the treaty obliga-
tions under which a considerable portion of the money
was disbursed.
The system of management does not materially differ
from that which was adopted when the Government was
inaugurated. Agents to exercise general supervision, in-
structors in husbandry, and the mechanical arts, dwell
with the various tribes. Mental and spiritual improve-
ment is sought through the labors of secular and clerical
teachers. The practice of feeding those Indians unable to
subsist themselves, has frequently been resorted to for the
last fifty years. The "Peace Policy" of the late adminis-
tration differs from past Indian policies, chiefly because it
furnishes a greater amount of subsistence, and attempts
more thorough instruction.
The general Indian legislation of the country is mostly
embodied in the Indian Trade and Intercourse laws, and
the yearly appropriation acts. The particular relations
which different tribes hold to the government have almost
universally been brought about through treaties. There
are a few instances in which the status of certain tribes
has been modified, and even radically changed by special
laws, unconnected or unsupported by treaty agreements.
INDIAN POLICY OF THE GOVERNMENT.
111
As for instance the act of eighteen hundred and sixty-
three, which cancelled all United States obligations in
favor of specified bands of the Sioux nation, and declared
their rights in lands forfeited. But special acts affecting
such relations, unless passed to make operative treaty con-
ditions, have been of such rare occurrence, that the above
statement might be made without qualification.
In a preceding portion of this chapter, the idea is
advanced that the Indian nations have lost all the national
characteristics which they possessed at the time when the
constitution was framed and adopted. No effort has been
made to support the theory announced by a recent chair-
man of the Senate Committee on Indian Affairs, that it
was "a solecism from the very start," to recognize that
they held any of the elements of sovereignty; but their
former ability to contract by treaty has been admitted.
If they have lost that power, they have either been de-
prived of it or they have surrendered it. If it has been
taken from them without their assent, it has been effected
through the medium of general legislation, since special
acts referring to particular tribes have, as a rule, been
passed to carry out the provisions of treaties, by which
those tribes surrendered or forfeited their national attri-
butes.
But the majority of the Indian nations consented by
treaty, even before the intercourse laws were extended over
them, to live under such regulations as the United States
might deem necessary for their welfare, and nearly all
of them have since willingly acquiesced in the regulations
under which they have been placed. Like the Navajos,
and neighboring nations, they have acknowledged in coun-
cil that they are under the protection and jurisdiction of
the United States, and that all laws in force for regulating
trade, and preserving peace with the Indian tribes are
binding upon them. Therefore but few of the native
i
112
INDIAN POLICY OF THE GOVERNMENT.
national organizations, embracing but a very limited pro-
portion of the native population, have been unwillingly
deprived of any of the attributes of sovereignty.
The great majority of those organizations have yielded
them up, and have solemnly and irrevocably consummated
the act of surrender. At least they have accepted for the
most part those modifications of former political condition.
which have been effected by the provisions of the trade and
intercourse laws.
Congress however derived its power to enact those laws
from the constitutional provision which permits it "To
regulate commerce with foreign nations, and among the
several States, and with the Indian tribes." It has fre-
quently availed itself of the power thus conferred, and if
we allow the decisions of the courts to govern our conclu-
sions, we must admit that its action in this respect has been
lawfully exercised. In "the United States vs. Rogers ;"
Chief Justice Taney held, that the United States could
extend its criminal jurisdiction over all persons, whether
whites or Indians, who resided within its territorial limits,
and without the limits of organized States. Certainly if
such a power was carried to its utmost legitimate extent,
not one of the native tribes would retain a single national
qualification.
From the organization of the present Government to
the beginning of the century, five trade and intercourse
acts were passed, nearly all limited in duration to a short
period of time. They were evidently intended to secure
the good will of the tribes, while they increased their de-
pendence. They aimed to protect the Indians from the
frauds of private and irresponsible parties, to elevate their
condition by imparting instruction, to cut them off from
communication with citizens of foreign powers, and to
allow of no business transaction on their part, with people
other than of their own race, except they were conducted
INDIAN POLICY OF THE GOVERNMENT.
113
under the supervision of regularly appointed Government
officials. These acts authorized the appointment of agents,
forbade the carrying on of trade outside of State limits, by
any person except a trader legally licensed; declared in-
valid all sales of land by Indians, unless executed "at
some public treaty, held under the authority of the United
States;" defined the boundaries of the Indian country,
prohibited whites from settling therein, and proclaimed
public routes of travel within it; made the penalties for
crimes committed against Indians, within their territory,
the same as if committed against citizens; allowed State
courts to arrest and punish Indians, if detected in the
commission of depredations at any place over which the
jurisdiction of the courts extended; and finally authorized
the annual expenditure of a small amount of money, "to
promote civilization among the friendly Indian tribes, and
to secure the continuance of their friendship."
There seems to be nothing in these laws which de-
prived the Indian nations of any of the acknowledged
rights which they enjoyed when the country was under
the supremacy of Great Britain, or during the existence of
the Confederation, unless the more stringent restrictions
placed upon intercourse, and the more effective guardian-
ship sought to be established over them, may be supposed
to effect it. These are moderate in comparison to later
statutes. The law of eighteen hundred and two, without
expressed limit as to the time of its operations, contained
the essential provisions of all the laws above mentioned,
and but little of importance that was new. The law of
eighteen hundred and sixteen forbade any foreigner to enter
the Indian country, without first securing a passport.
The law of eighteen hundred and seventeen extended the
criminal jurisdiction of the United States Courts over the
Indian country, and gave to them power to punish Indians
who should commit offences against whites, even in their
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INDIAN POLICY OF THE GOVERNMENT.
own territory. The act of eighteen hundred and twenty-
two enabled the courts to take cognizance of civil causes
arising in the Indian country, in which Indians should be
opposed to whites as claimants.
The statutes of eighteen hundred and thirty-four sub-
stantially re-enacted all the important provisions of former
trade and intercourse laws, and readjusted the boundaries
of the Indian country. It abridged the liberties of the
Indians, as it restricted their trade with the outside world
to the disposition of their robes and furs, which they pro-
cured in the chase, and made the appointment and reten-
tion of those with whom they were alone permitted to
transact business, dependent upon the will or caprice of the
agents who presided over them. It obliged them to deliver
up for trial any of their number accused of crime, and de-
clared, "that so much of the laws of the United States as
provide for the punishment of crimes committed in any place
within the sole and exclusive jurisdiction of the United
States, shall be in force in the Indian country, provided
the same shall not extend to crimes committed by one In-
dian against the person or property of another Indian."
The law of eighteen hundred and forty seven, amendatory
of certain sections of that of eighteen hundred and thirty-
four, allowed the agents to pay over annuities due under
treaty stipulations to families, instead of to chiefs, as for-
merly, and forbade the agents to make payment to Indians.
while the latter were intoxicated, and only upon condition
that the chiefs and head men of tribes would pledge them-
selves to use all their influence to prevent the introduction
and sale of liquor in their country. It also deprived the
Indians of the power of entering into agreements which
could be enforced, as it made null and void all executory
contracts for the payment of money or goods, to which they
should become parties. The act of June, eighteen hundred
and sixty-two, provides that when Indians of treaty tribes
I
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INDIAN POLICY OF THE GOVERNMENT.
115
wish to adopt the habits of civilized life, and have lands
allotted to them, they shall be protected by their agents
against trespassers, and if a chief molests them he shall be
temporarily deposed. This, under a plausible construction,
might enable an agent to overthrow the entire political or-
ganization of a tribe, should tribal authority interfere with
an Indian who was attempting to cultivate a patch of
ground assigned him by the agent. Agents have so fre-
quently dethroned chiefs for slight causes, and disregarded
the desires of majorities in making new appointments, that
it requires no effort of the imagination to believe, that such
an interpretation might be given to the law upon an at-
tempt at practical application.
What liberties have these trade and intercourse laws
left to the Indian nations? What national prerogatives
do they enjoy, and what essential privileges of a free people
do they retain? In what does that sovereignty consist,
which enables the Executive and Senate under the treaty-
making power of the constitution, to make to them solemn
pledges, and to bind our national faith for the performance
of the same? The Indian nations have not the independ-
ence of the counties in the States of the Union. They
have not now a single right except to live within their ter-
ritory and control their own domestic relations. They can,
it is true, freely rob, murder, and trade with each other,
without incurring responsibility to the United States Gov-
ernment. Yet that freedom, or license, has been taken
away from the treaty Indians. For them the fountain of
all authority is to be found in the Interior Department.
The agents are their immediate rulers, and are vested with
arbitrary, almost despotic power. Their civil and political
condition is so well expressed in a section of an act passed
in eighteen hundred and sixty-three, and intended to apply
to a portion of the Sioux nation, that it might not be amiss
to quote.
It reads as follows: "Said Indians shall be sub-
116
INDIAN POLICY OF THE GOVERNMENT.
ject to the laws of the United States and to the criminal
laws of the State or Territory in which they may happen to
reside. They shall also be subject to such rules and regu-
lations for their government, as the Secretary of the Inte-
rior may prescribe; but they shall be incapable of making
any valid civil contract with any person other than a native
member of their tribe, without the consent of the President.'
99
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CHAPTER IV.
INDIAN TREATY SYSTEM.
THE Indian treaty system, continued by Government
until the year eighteen hundred and seventy-one, admits
of extended criticism. Unless presented, our Indian
policy would be but feebly portrayed. The limits of a
single chapter are barely sufficient to allow a mention of
the action taken under the treaty-making power, and the
responsibilities which have been thereby incurred; but an
endeavor will be made to show within those limits, how
that action has been applied, and to point out some of the
most notable results.
A discussion of the subject, though meagre, involves
questions both of law and of expediency. The legality, or
at least the legal consistency of Government action, in
entering into many of the treaty obligations, is occasionally
suggested, as an examination into the changes of political
relations wrought through the treaty system is pursued.
Inquiries as to the amount of disbursements made on
account of our Indian population become necessary, since
nearly all of the expenditures have been covered by treaty
promises, and the further inquiry is also pertinent, have
such disbursements been judicious and economical?
More than three hundred and sixty treaties are re-
corded within the statute books, which have been made
by and between the United States and the Indian nations,
since the adoption of the constitution. In many of them,
a number of distinct tribes or nations entered conjointly,
and thus the same tribe has assumed sacred national ob-
118
INDIAN TREATY SYSTEM.
?
:
ligations under the most solemn sanctions upon very
numerous occasions. In seventeen hundred and ninety-
four, twelve nations north of the Ohio executed the same
instrument. Should such joint action be considered in
every instance as made up of independent acts, equal in
number to the separate national organizations which there-
by mutually pledged their faith, our Indian treaties would
be numerically increased threefold.
This surprising exercise of the treaty-making power
has not been distributed equally through successive periods
of time. Often for a term of years but very few of these
international agreements were entered into, and then there
might follow a season remarkably fruitful in treaty cove-
nants. Nor has every Indian nation, of the sixty or
seventy within our boundaries, had the same opportunities
to frequently renew promises for friendly or reciprocal
relations. The Missouri River, above the State bearing
its name, was not reached by our commissioners until
eighteen hundred and fifteen, and afterwards for the suc-
ceeding twenty years, the North-western tribes were
seldom invited to enter into negotiations. Many treaties
were made during the early years of the Government,
stipulating peace, alliance, or cession of territory. Again,
after the war of eighteen hundred and twelve, peace was
established with the Indian tribes through the formalities
of treaties; and then, from eighteen hundred and twenty-
five to eighteen hundred and thirty-eight, emigration
from the east to the territory west of the Mississippi was
conducted under treaty agreements. Since that period,
the tribes which have permanently roamed over the
country west of the Mississippi and Missouri Rivers, have
occupied the greater share of the attention of Government.
These treaties have been made for the accomplishment of
definite objects, and when the attainment of those objects
was specially desired. As our white population was con-
INDIAN TREATY SYSTEM.
119
stantly extending itself, land for settlement was needed,
and as Congress had early announced, that all purchases of
land from Indians must "be by treaty entered into pur-
suant to the constitution," treaties became necessary in
order to extinguish Indian right of occupancy. During
the first twenty-five years of our existence, thirty-eight
treaties were ratified, by which it was claimed, that this
right of occupancy to two hundred millions of acres was
extinguished. Possession of land was the chief object to
be accomplished, and in fact about the only thing wished
for in the absence of hostilities, or during undisturbed
peaceful relations. The tribes then retarding the advance
of white population, because of occupation of country, or
because of threatening attitude, are those which have been
most frequently met in council. Of these, those formerly
north of the Ohio, and two or three of the southern nations
were prominent. The Pottawatomies alone have entered
into thirty-eight treaties with the United States-thirty-
five of which were executed before they made final dispo-
sition of all their eastern lands.
Commissioners, freely chosen by the Executive, con-
ducted these diplomatic transactions on the part of the
United States until eighteen hundred and fifty-one, and
for the remainder of the treaty period, they were for the
most part under the control of the Indian Bureau. About
two-thirds of the treaties are prior in time to the above
mentioned date. The succeeding twenty-five years yielded
nearly seven of these international compacts annually.
But, during this term, the tribes roaming over the territo-
ry received from Mexico, and those inhabiting the coun-
try to the north of the same, as well as those along our
northern boundary, west of the Mississippi, were brought
in contact with our spreading settlements, and were
necessarily called upon to make concessions, by relinquish-
ing portions of their hunting grounds.
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INDIAN TREATY SYSTEM.
We shall now attempt a brief consideration of a few of
the treaties, confining ourselves to recent dates, and com-
menting only upon those provisions which appear impos-
sible of execution, or which might be justly avoided, and
those which, from the condition of parties, might be con-
sidered unconstitutional by the courts of the United States.
Among the first mentioned, we would include those
which promise the performance of acts which in the na-
ture of things cannot be accomplished; those which cannot
by any reasonable supposition be peaceably fulfilled, if
carried to their fullest extent, and those which might be
resisted by the Indian nations on account of illegality. In
the second class, we would place those in which the Gov-
ernment, in entering into them, carried the treaty-making
power beyond its legitimate sphere.
In a certain class of treaties the position in which the
Indian tribes are placed is simply absurd. United States
Commissioners, knowing full well the willingness of In-
dians to assent to any course of future conduct in order to
obtain a present advantage, and wishing as it would seem.
to make their work complete, have induced the representa-
tives of the Indian nations to promise on behalf of their
people an immediate change from the habits of barbarism
to those customs of another race which are the result of the
struggle of centuries after individual and social improve-
ment.
These tribes are not only pledged to correct public
action, but also to virtuous private conduct.
Their rep-
resentatives have not only dealt with subjects which were
general and national, but have attempted to surrender the
personal liberty of their constituents.
The treaty of eighteen hundred and fifty-five with the
Mississippi and other bands of the Chippewas, furnishes
an illustration of the obligations resting upon some of
these freedom-loving and but recently independent com-
INDIAN TREATY SYSTEM.
121
munities. In this instrument, the bands, after jointly and
severally agreeing "to conduct themselves at all times in a
peaceable and orderly manner, and to submit all difficulties
between them and other Indians to the President" of the
United States for arbitrament and decision, stipulate,
"that they will settle down in the peaceful pursuits of life,
commence the cultivation of the soil, and appropriate
their means to the erection of houses, opening of farms,
the education of their children, and such other objects of
improvement and convenience as are incident to well reg-
ulated society, and that they will abstain from the use of
intoxicating drinks and other vices to which they have been
addicted."
Equally ridiculous and as impossible of fulfilment are
certain provisions in treaties made during the same year
with the Oregon and Washington tribes. Every Indian
in that region is the victim of a strict temperance pledge.
All are under international covenants to live in peace,
to surrender all offenders against United States laws, and
not to trade or transact business outside of United States
limits; and by a supplemental treaty of eighteen hundred
and sixty-five, these Indians relinquished the right to fish
and hunt outside of their reservations, and agreed to live
under the laws of the United States and the regulations
of the Indian Department, and not to go beyond the boun-
daries of their reservations for any purpose whatsoever,
without the written permission of the agents whom our
Government might place over them.
Many treaties having like and similar provisions are
still in force. Do these covenants of absolute sobriety and
upright conduct continue to run with the nation while
remaining under contract, and are they binding upon
rising generations? Is the individual liberty of the child
circumscribed by the act of the parent? Large money
considerations support these treaties, and it is certainly for
6
122
INDIAN TREATY SYSTEM.
1
t
the interest of the United States Government that the op-
posite parties to the bargain remain at peace and at rest,
and cease to practice the vices to which in the past they
have been addicted. Perhaps Congress might find suffi-
cient facts to justify a declaration, that the Indian tribes
have not scrupulously kept their faith.
4
A great latitude of action has been exercised by our
Government in its ratification of treaties. In some instan-
ces material amendments have been made by the Senate,
without the knowledge of the Indian tribes who entered
into the original contract, and the amended instrument
has been deemed valid, although never submitted to the
tribes for concurrence. The labor and expense of collect-
ing the scattered bands of an Indian nation, especially
when roaming over a great extent of western country, is
so considerable that the reassemblage of a council for the
purpose of considering and agreeing to amendments,
unless the same are vital to a proposed treaty, might be
pardonable. The Senate amended the Cheyenne treaty
of eighteen hundred and sixty-one by striking out its
eleventh article, and in the opinion of the Executive, the
treaty became at once legally operative without further
negotiations. In that article the Arapahoes and Cheyennes
displayed a more thorough knowledge of the laws adopted
by our Government for the disposition of its public lands,
and a higher appreciation of hospitalities received from
their white brethren than is common among the border
Indians. They respectfully requested that, "in consid-
eration of the kind treatment received from the citizens
of Denver city and the adjacent towns, the proprietors of
said cities and adjacent towns be permitted by the United
States Government to enter a sufficient quantity of land to
include said city and towns, at the minimum price of one
and one-quarter. dollars per acre." This constituted the
article which was unsatisfactory to the Senate, and the
INDIAN TREATY SYSTEM.
123
#
Arapahoes and Cheyennes were held to their contract,
notwithstanding the denial of their request. But how
could the treaty of eighteen hundred and fifty-one, entered
into by Government with the same Cheyennes and other
Indian tribes, be regarded as finally ratified and operative
upon the action of the Senate, when that body disallowed
a large portion of the money consideration which the
Indians demanded in payment for the property and privi-
leges by them transferred?
Many important provisions of the Wyandotte treaty of
eighteen hundred and fifty were stricken out by the Sen-
ate without the consent of that tribe; and other cases
might be cited, where a similar course has been pursued.
An acceptance of the consideration given by the terms of
the treaty as modified by the Senate, might estop the In-
dians from pleading its illegality, as in law they must be
supposed to know the conditions of the contract under
which they receive benefits. This mode of procedure was
not however general, and in a few years became entirely
unnecessary, because of a discovery made by the commis-
sioners of the Government selected by the Indian Bureau.
It consisted in the insertion of a proposition in the
treaty itself, to the effect that, if modifications were deemed
desirable, the same might be made at the pleasure of the
Executive and Senate, and therefore become valid without
the formality of reference for acquiescence. The seventh
article of the treaty of eighteen hundred and fifty-nine,
with the Kansas tribe of Indians, is as follows: "In order
to render unnecessary any further treaty hereafter with the
United States, the President, with consent of Congress,
shall have full power to modify or change provisions of
former treaties, to such extent as he may deem necessary
for their welfare and best interests."
A similar article was incorporated in the Cheyenne
treaty of eighteen hundred and sixty-one. A number of
•
124
INDIAN TREATY SYSTEM.
treaties made in eighteen hundred and sixty-five contain
this article: " Any amendment or modification of this
treaty by the Senate of the United States, shall be con-
sidered final and binding upon the said band represented
in council, as a part of this treaty, in the same manner as
if it had been subsequently presented and agreed to by the
chiefs and headmen of said nation."
99
In commenting upon the constitutionality of Govern-
ment action under the treaty-making power, it is only in-
tended to present a few suggestions. During a hasty
review of the more important Indian treaties, the question.
of the legitimate scope of the treaty-making power is con-
stantly recurring. The puzzling problem as to whether the
power could be carried to its fullest extent, when em-
ployed in conducting negotiations with our Indian commu-
nities, is also continually presented to the mind.
The power is of course general, and extends to all sub-
jects of national concern. Says Story: "It embraces treat-
ies for peace or war, for commerce or cession of territory,
for alliance or succor, for indemnity, for injuries or pay-
ment of debts, for the recognition or establishment of
principles of law, and for any other purpose which the
policy necessitates or interests of independent nations may
dictate." Its limits are not fixed by the constitution, nor
can they be defined, since they may be varied by circum-
stances.
Each of the departments of Government must however
have its appropriate sphere of action. The Executive, in
the exercise of powers which the constitution confers, can-
not intrench upon the constitutional rights and privileges
of the Legislative Department. The President and Sen-
ate acting unitedly, cannot take from Congress its expressed
or implied authority. To such statements there can be
no possibility of dissent, and they might be announced as
fundamental rules of government. But when an applica-
INDIAN TREATY SYSTEM.
125
tion of these rules is attempted upon questions of Indian
control, great difficulty arises, from the fact that the In-
dians have been placed in irreconcilable, or at least anoma-
lous positions. Viewed as independent nations, they were
vested with treaty rights, and considered at the same time
as a portion of our population, they were subject to legis-
lative dictation. Were their treaty rights abridged because
of their occupancy of United States territory? Was the
control of Congress limited because of their conceded
national independence?
These questions have received the study of our courts
for three-quarters of a century, but no satisfactory or at
least conclusive answers are obtained from a review of the
decisions. The earlier and more important cases arose
upon the interpretation of treaties. The President and
Senate, proceeding under that constitutional provision
which bestowed the treaty power, had acted with great lati-
tude, and the courts were called upon to define the true
scope of the provision. The conclusion reached seems to
have been this: That the power to make Indian treaties,
enumerated in the constitution, was general, and carried
with it authority to treat upon all subjects of an interna-
tional character, excepting those prohibited by express
legislation.
The second question, whether legislative control over
the Indians was limited because of conceded national in-
dependence, has also been partially answered by the courts.
They affirmed that our Indian territory composed a
part of the United States; that all Indians residing there-
in were a portion of our population, and were subject to
congressional authority. It was of late decided in the
celebrated Boudinot case, that a general law of Congress
annulled specific stipulations of an existing treaty; that
certain privileges conferred upon members of the Cherokee
nation who were engaged in trade, were taken away by
I
126
INDIAN TREATY SYSTEM.
the revenue laws of eighteen hundred and sixty-eight,
because Congress had declared that the provisions of the
latter should be operative in all parts of the United States,
and they were in conflict with the terms of the treaty.
The courts also maintain that the ability of Congress to
extend over the Indian nation a criminal code of laws is
unlimited. Chief Justice Taney speaking for the court in
the case of "The Government against Rogers," which was
cited in a former chapter, said, that when the country oc-
cupied by the Indian tribes "is not within the limits of
one of the States, Congress may by law punish any offence
committed there, no matter whether the offender be a
white man or an Indian."
To either question, considered separately, the answer
appears to be explicit; but how can such opposed theories
be reconciled? Our Indian communities were quasi inde-
pendent nations, capable of maintaining with the Govern-
ment the relations of war and peace, and rightfully con-
trolling their own internal affairs. As such, they were
distinct from United States subjects, and could only be
reached under the forms of international law. In the
language of Justice McLean, of the Supreme Bench:
"The President and Senate, except under the treaty-
making power, cannot enter into compacts with the In-
dians or with foreign nations." Again they were part and
parcel of our population, holding tribal relations only by
sufferance, every member of which was individually
amenable to such laws as Congress might choose to enact.
As independent nations, the treaty-making power of
the Government could establish, maintain, or modify polit-
ical relations with them: as residents within the territorial
limits of the United States, they could be placed by Con-
gress in entirely different political conditions.
Here, then, were two separate powers of the Govern-
ment, exercising Indian control by virtue of the authority
INDIAN TREATY SYSTEM.
127
conferred in the constitution,-a control which the courts
failed to limit in either case-and the action of the sepa-
rate powers became therefore confused and antagonistic.
Had those separate powers confined action within agreed
and harmonizing rules, results legally considered would
not have been so perplexing. Had Congress respected
that sanctity which it is claimed attaches to assumed in-
ternational obligations, and refused to legislate upon
matters which had practically been adjusted by treaty,
legal conflicts might have been partially avoided. But
the rule of law, that a treaty may be abrogated by a legisla
tive act, furnished to the House of Representatives a check
upon the proceedings of the Executive and Senate.
Under the threat of withholding appropriations, it was
enabled to secure the passage of statutes which modified
treaty stipulations, and made them more in consonance
with its own views and wishes.
The same rule of law compelled the courts to declare
null and void articles of existing treaties, when interpret-
ing general enactments. As in the Boudinot case, cited
above, the revenue laws applied "anywhere within the ex-
terior boundaries of the United States," and the court,
gathering the meaning of Congress from the language em-
ployed, decided that conflicting Indian treaty stipulations
were thereby overthrown.
Had, on the other hand, the President and Senate con-
fined Indian action to subjects which arise between inde-
pendent powers, and left undisturbed the internal and in-
dividual affairs of the tribes, Indian matters might have
been less complicated. But unfortunately, having obtained
jurisdiction from the fact, or fiction, whichever it was,
that those tribes were independent nations, they immediately
proceeded to manage them as a portion of our dependent
population, and assumed to confer those privileges, and
exercise that restraint, which was clearly within the pro-
€
128
INDIAN TREATY SYSTEM.
i
vince of Congress. They severed and dissolved Indian
political organizations, and bestowed upon the members
thereof American citizenship. They bartered away the
public domain, conveying lands in permanency to individ-
uals. In the absence of statutory provisions, they regu-
lated trade and intercourse, and negotiated upon every
subject which could possibly arise or grow out of our In-
dian relationship. The Wyandotte treaty of eighteen hun-
dred and fifty-five declared the Indians of that band to be
citizens of the United States. The treaty of eighteen
hundred and sixty-two with the Pottawatomies, placed it
in the power of the President to confer citizenship upon
the members of that tribe. A treaty of the same year
stipulates that the Ottawas "having become sufficiently
advanced in civilization, and being desirous of becoming
citizens of the United States," shall be permitted to termin-
ate their relations to the Government as an Indian tribe,
after the period of five years, when they shall be declared
citizens, and shall be entitled to the rights, and subject to
the laws of the United States, and of the State in which
they reside.
It is plain, that the President and Senate could not
bestow citizenship upon aliens, unless under some enabling
congressional act. Admission to the privileges of a citi-
zen, can only be gained by following certain rules pre-
scribed by the legislative branch of the Government; for
the constitution leaves the matter of naturalization solely
with Congress. A treaty stipulation that inhabitants of
territory about to be acquired shall receive citizenship in
case they comply with the naturalization laws of the coun-
try, would undoubtedly be good, but a stipulation declar-
ing citizenship without making necessary such proced-
ure on the part of those seeking the same, would have no
validity.
But the Indians are not aliens, and the courts have de-
!
INDIAN TREATY SYSTEM.
129
;
cided that the naturalization laws do not apply to them
still, it would appear, that it was competent for Congress,
and for no other power, to confer political rights upon our
inhabitants.
The Executive and Senate however, abandoned the pro-
cess of making citizens by simple declaration. In the
Delaware treaty of eighteen hundred and sixty-six, they
compelled the members of that tribe who sought citizen-
ship, to appear before the United States District Court,
and be naturalized in the same manner as aliens. They
first converted them, in theory at least, into foreigners, and
then made applicable the laws of naturalization, notwith-
standing the decision of the courts that the same had no
relevancy to such cases. Yet the Indians were also made
to furnish proof, that they were sufficiently intelligent and
prudent to control their own affairs, that they had adopted
the habits of civilized life, and that they had been able to
support for five years themselves and families; so that, if
naturalization turned out to be a useless operation, there
might still remain a judicial transaction upon which to
base the doubtful proceedings.
But the most surprising portion of the treaty is that
clause which proposed to consider the children of these de-
clared citizens as aliens, for they upon arriving at the age
of twenty-one years, were to elect whether they would
enter the tribal organization, or seek citizenship through
the forms and ceremonies followed by their fathers.
The status of the parent did not descend to them, but
they were Indians, by birth and inheritance, and not only
bereft of political rights, but were without membership in
the Delaware nation.
Again Indian treaties which stipulate for the acquisition,
cession, or exchange of territory, are considered legitimate,
while it is extremely doubtful if a treaty with a strictly for-
eign State, could convey any portion of our public domain.
jh
6*
130
INDIAN TREATY SYSTEM.
יי
The power "to dispose of and make all needful rules
and regulations, respecting the territory, or other property
belonging to the United States," rests in Congress. The
Ordinance of eighty-seven, ordained that all the territory
east of the Mississippi River should forever remain a part
of this country. Disposition of lands to foreign govern-
ments was probably never contemplated by the framers of
the constitution, and the early enactment of the above
mentioned ordinance gives weight to the presumption.
Aside from the argument, that absolute cession carries
with it political control, which is incident to the legisla-
tive power; or sovereignty, which belongs to the people and
cannot be lawfully surrendered, it might be affirmed, that
the nature of the Government forbids the dismemberment,
and the unconditional transfer of any portion of its terri-
tory. Should, for instance, the treaty-making power un-
dertake to dispose of Oregon, or New Mexico, to a foreign
State, Congress would at once consider that it was its con-
stitutional duty to interfere, and stop the negotiations, and
for reasons purely political. Still, grants of large tracts of
unoccupied country to Indian tribes by treaty have been
adjudged valid, because since Government retained the ul-
timate fee, control of Congress in all things, except in the
temporary disposition of the land, remained unimpaired.
Here likewise the Executive and Senate obtained the
right of action on the ground that the Indian bands were
sufficiently independent to be possessed of treaty privileges,
and having thus acquired it, they were enabled to enter into
negotiations which would have been illegal had those bands
been strictly sovereign in every particular. They obtained
jurisdiction because of the existence of a fact, and exercised
it freely because that fact was simply a legal fiction.
The truth of this statement will more fully appear as
this subject is pursued. Congress early proclaimed that
Indian country should only be acquired through treaty, but
INDIAN TREATY SYSTEM.
131
!
?
once unincumbered it could not be reconverted without its
own coöperation. It set apart the Indian territory for In-
dian use and occupancy, and the Executive and Senate
delayed the work of removal until the necessary statute was
passed. But during recent years, the latter has not only
considered the treaty power competent to purchase title.
but also to dispose of the ultimate fee to the Indians them-
selves. Treaties of eighteen hundred and fifty-five, and
some prior to that time, allotted to individuals small tracts
in reservations; but as the right of alienation was expressly
withheld, these tracts continued to retain their character
as Indian lands, and the grants were therefore harmless.
Subsequent to that period, in a few instances, the treaty-
making power entered into stipulation to confer citizenship
upon the individual members of tribes, and to convey to
them in fee simple, by absolute patent with all needful
covenants, parcels of land of which they held possession-
thereby severing Indian national organizations, investing
the members of the same with complete political privileges
and converting them into landed proprietors. Such a
scope of action can only be sustained upon the plea, that
the treaty-making power, or Congress, could alone legally
exercise unlimited control over our Indian population,
when once either obtained the right of direction or admin-
istration in any particular whatever, or for any expressed
purpose; that although the former obtained authority to
act, because of the legally recognized independence of the
communities into which this population was divided, it
might carry its authority to an extent which could not be
upheld, except on the ground that they were not inde-
pendent.
But what elements of sovereignty was it necessary that
these communities should possess, in order to allow the
treaty-making power to negotiate with them? The deter-
mination of that question rested, it would seem, in the dis-
132
INDIAN TREATY SYSTEM.
*
•
cretion of the authority exercising the power, and was not
therefore subject to control.
It has never been answered, and we must look for a
solution to the practice pursued. Numerical strength was
of no importance. A tribal political organization was im-
material. It did not make the slightest difference whether
a so called Indian nation numbered ten thousand or five
hundred, nor whether the entire or only a portion of a
tribe could be reached.
The treaty power met either the Sioux or the Ponca
in council; and if it could not gather an entire tribe, was
content to enter into stipulations with its irresponsible
fragments. It never failed to discover sufficient nationality
in any band of Indians to warrant the exercise of its func-
tions-no matter what previous political modifications had
been effected through treaties, nor what changes legisla-
tion had produced. As long as the semblance of a tribal
organization remained, so long did the agents of the Indian
Bureau, acting as Commissioners on the part of the United
States, invite its members to enter into international com-
pacts. The necessity of obtaining land in a constitutional
manner might be proffered as the excuse, but the occasions
were deemed suitable for the settlement of all vexed prob-
lems.
We find, therefore, that the treaty-making power, and
Congress, were engaged in the same vocation, dealing with
the same persons, and effecting identical results-the one
by contract, (and it supposed with a party fully capable of
entering into the agreement,) the other by enactment over
a subject people, in every way answerable to its laws. We
find Congress, equally with the Executive and Senate,
severing tribal relations, conferring citizenship, and direct-
ing the ultimate fee of Indian lands to be given to individ-
ual Indians, where they might be able to furnish the proof,
and take the oath of allegiance required of aliens, and
INDIAN TREATY SYSTEM.
133
could show to the United States courts that they were
sufficiently intelligent to take care of themselves, and had
done so for the five previous years.
The correctness of the proceeding on the part of Con-
gress, in so far as the change of political status, (if volun-
tary on the part of the tribes,) and the final disposition of
land were concerned, cannot be questioned. But its ability
to divide territory before the Indian right of possession
had been otherwise extinguished, is extremely doubtful.
If that had been consummated by treaty, congressional con-
trol would have been complete and supreme; for nothing
remained to which the treaty power could attach action.
Granting then, that a tribal association of any character,
holding occupancy of soil, stood in treaty relationship with
the Government, it would seem that no single department
of the latter could dissolve that organization, dispose of
its lands, and admit its members to the full privileges of
American citizenship.
The President assisted by the Senate, and Congress,
must each apply their offices before so radical a change
could be effected; for land title could not be extinguished
except by treaty, and political rights could only be be-
stowed by congressional enactments. Each, too, must ope-
rate independently within its own constitutional sphere.
Congress cannot give validity or direction to the action of
the treaty-making power. Should it claim the liberty to
review, and overrule treaty proceedings, it must first ob-
tain jurisdiction upon facts already existing and estab-
lished. Even then, it cannot give interpretation or pass
upon the legality of those proceedings, (since such dicta-
tion is judicial in its nature, and belongs to the United
States courts,) but can only destroy them. If therefore
authority to declare citizenship, and to direct the convey-
ance of the public domain, is vested in the President and
Senate, it is there by virtue of the constitution, and Con-
:
134
INDIAN TREATY SYSTEM.
gress can no more define, control, or limit it, than con-
fer it.
These suggestions are here advanced, because of the
existence of an impression, that the illegalities, or at least
inconsistencies, of treaties, might be cured by explanatory
or declaratory statutes. As early as eighteen hundred and
twenty-seven, we find a bill introduced into the House, to
settle the nature of the estates conferred by treaty of
eighteen hundred and twenty-four, upon certain chiefs of
the Quawpaw nation, and to determine whether they held
"in fee as citizens from the United States, or of their
tribe as Indians." We find an act passed in eighteen
hundred and forty-eight, affirming that certain persons hold-
ing land under the treaty of eighteen hundred and thirty-
two, with the Pottawatomies, shall be considered to hold
estates in fee simple, provided that deeds of conveyance
made before or after the passage of the act, should not be
valid unless approved by the President. Notwithstanding
the well established rule that "Congress has the sole
power to declare the dignity and effect of titles emanating
from the United States," and that it may place such lim-
itations upon its grants as it chooses, the courts must de-
termine the quality of an estate passed by treaty, and
define the same in accordance with maxims settled by legal
precedent. If they determine that territory can be con-
veyed by treaty, they must then be governed by the lan-
guage employed in the contract, and apply the rules of
construction pertinent to such cases. Should such course
be followed, it might be discovered, that tribes and indi-
vidual Indians were holding estates of every name and
nature known to the law-the tenure oftentimes being far
different from that intended by the commissioners who
executed the treaties on the part of the Government under
which those estates were conveyed.
An impression has also prevailed that Congress was
+
י
i
3
INDIAN TREATY SYSTEM.
135
competent to direct the treaty-making power in its action ;
that under its instructions the latter might negotiate in
regard to subjects which otherwise would not come within
its province. An act of eighteen hundred and sixty-
three confers upon the President the privilege to treat
with the Kansas Indians for exchange of territory.
An act of eighteen hundred and sixty-seven author-
ized the President to appoint a Commission to meet hos-
tile Indians, and to make treaty with them for their perma-
nent settlement in a district of country to be made by
selection, subject to the approval of Congress.
A more perfect manifestation of this impression is
contained in the act of eighteen hundred and sixty-seven,
which was subsequently set aside. It repealed "all laws
allowing the President, the Secretary of the Interior, or
the Commissioners of Indian Affairs to enter into treaties
with any Indian tribes"-thereby showing conclusively
that in the opinion of those who framed and passed the
laws, Congress possessed not only authority to instruct
the President in the exercise of the treaty power, but
could effectually limit his action in that direction.
Yet under such and similar legislation the President
has often called the Indian tribes to council, and has based
upon it many stipulations which have subsequently re-
ceived the sanction of the Senate. They stand upon our
statute books as solemn international obligations, for the
performance of which the nation's faith is plighted. But
they are not treaties in fact.
The President, in making such negotiations, was en-
gaged in the execution of a law of Congress, and was not
exercising a power conferred upon him by the constitution
and which the Legislative Department is helpless to define
or control.
They are simply Government contracts, made with a
people subject to congressional dictation. The ratification
I
136
INDIAN TREATY SYSTEM.
!
of the Senate does not give them any greater binding force
nor a more sacred character. As contracts they are valid
and should be fulfilled.
In so far, however, as the President and Senate have
carried proceedings beyond the legitimate province of the
treaty-making power, and have not been supported by any so
called enabling congressional act, their negotiations with
the Indian tribes can neither be called treaties nor con-
tracts, since they are without warrant of law. That many
of the treaties entered into contain doubtful provisions in
this respect is apparent.
Attention has been more particularly confined to nat-
uralization, and traffic in public lands, simply because of
the difficulty to understand how such subjects having been
specially placed under the management of Congress by the
constitution itself, could be regulated or interfered with in
any way by any other governmental power.
But a casual glance at many of our Indian treaties of
recent date, will show to what extent this treaty system has
in its development laid hold of other matters, which are
equally the concern of Congress, and with which the rep-
resentatives of our foreign policy, however considered,
have nothing whatever to do. The course pursued might
be viewed as ridiculous, were it not for the danger to be
apprehended in allowing proceedings under it to fall into
contempt, and for the vexed questions which the courts
must meet in endeavors to place upon them proper con-
struction. For we find the treaty-making power, which is
clothed with the majesty of the Government, and can only
be properly brought into exercise to consider and adjust
those subjects which arise between sovereign and independ-
ent States, delegated as it were, by act of Congress to the
Indian Commissioners, and made use of, to arrange the
social and domestic affairs of a band of dependent barba-
rians. We find that power, which is supreme in its sphere,
INDIAN TREATY SYSTEM.
137
J
making promises to a few ignorant Indian chiefs, whom
the United States Indian Agent under existing acts of
Congress, might to-morrow depose, and which can only
be fulfilled under the instructions and management of
that agent, acting under the regulations prescribed by
Congress.
We find that power which has been created only to
deal with independent sovereignties, contracting with in-
dividual Indians, who occupy small reservations in our
States and territories, for the erection of cabins, the con-
veyance of farms, and the delivery of oxen; or with their
headmen, for the support of schools, churches, and work-
shops. Surely any fair-minded person must admit, that
such proceedings are inconsistent, if not manifestly illegal;
that they are calculated to bring our treaty system into
disrepute and contempt, and tend to diminish the regard.
due to sacred international compacts, which serve to unite
the civilized world into a common bond of friendship, and
which depend for their existence, upon the courtesy, en-
lightenment and morality of nations.
But there were not wanting many accomplished indi-
viduals, who strenuously defended the Indian treaty sys-
tem down to its final overthrow in eighteen hundred and
seventy-one. In the belief of some, it was iniquitous to
deny in our strength, a right which was conceded to the
Indian tribes while the Government was weak. They
seemed to forget that the legal relations of the parties had
become entirely changed; that those tribes had parted with
every vestige of freedom they might be supposed to have
once possessed, and were in fact dependent upon the bounty
of Government for the necessaries of life. Others thought
the system practicable, and should be continued, until the
tribes could be brought more thoroughly under restraint.
That by it, the Indian Bureau exercised an immediate
authority which was necessary to a successful prosecution
г
138
INDIAN TREATY SYSTEM.
1
of our Indian policy. They would accomplish objects
through questionable methods. They ignore correct politi-
cal status, and are intent upon methods of control, else
they would acknowledge the duty of Congress to exercise
entire supervision of Indian matters; nor would they fail to
recognize the peril into which the late system has brought
constitutional law, and the troublesome problems to which
it has given rise to perplex the courts. Those problems
are already sufficiently numerous. A very large number
of the Indian treaties are still in force. The act which
forbade a continuance of the system, provided that noth-
ing therein contained should be construed to invalidate,
or impair the obligations of any treaty, which had been
lawfully made and ratified with any Indian nation or tribe.
All treaties ratified to the date of the passage of the act,
were considered legal, and all remained operative, except-
ing those which had expired by limitation, or those which
had been annulled by new agreements. Appropriations
are still made under some of them, which were entered
into before the commencement of the present century, and
are to be eternally continued, unless means can be devised
to extinguish these permanent claims upon Government.
Therefore, many intricate questions yet require decision,
before a definite settlement of the rights of Indians under
existing circumstances can be reached. The true scope of
the treaty-making power in its application to fragmentary
bands of dependent Indians; the meaning of a patent of
lands, which the courts have held to be the superior and
conclusive evidence of perfect legal title, and which under
treaty passes to an individual a qualified fee; the nature of
a treaty provision, which exempts land patented to a citi-
zen Indian from taxation for a long term of years, although
the same may be situated within State limits; the true
status of an individual, though an Indian, made a citizen
by simple treaty declaration, are all delicate and practical
INDIAN TREATY SYSTEM.
139
questions, any one of which may at any time be presented
for judicial determination.
The proceedings, based upon the treaties of eighteen
hundred and sixty-six with tribes in the Indian territory,
will further illustrate the abnormal condition of affairs
which the system has produced. A civil government
exists there, and is in a measure confessedly subject to con-
gressional legislation. It was not organized, nor put in
operation, pursuant to any organic act. There has never
been a statute passed to control it or define its powers.
It was devised by treaty commissioners, and has been con-
structed upon treaty stipulations.
It is the legitimate product of the system, and as such
becomes of interest. Under agreements that they should
never become subject to State or territorial authority, and
that they might "enjoy a government of their choice, and
perpetuate such a state of society" as might to them seem
best, these tribes were led to this El Dorado of promise.
There they existed for a long time as independent commu-
nities, with antagonistic interests. When it became desira-
ble to abridge the tracts of land which had been granted
them, and consequently to draw them into closer neighbor-
hood, and place over them a code of laws, the treaty pro-
visions already made and remaining in force placed diffi-
culties in the path of simple and direct procedure. The
ordinary course of legislation in the erection of territorial
governments was blocked in this instance, and it became
necessary for the treaty-making power to invent a govern-
ment. He who wishes to ascertain what its duties and
privileges are, must consult the treaties upon which it is
founded.
It might be briefly defined as a confederacy of nations,
dependent upon the United States for protection, support,
continuance, or dissolution. Its legislative assembly takes
cognizance of “all rightful subjects, and matters pertain-
&
A
140
INDIAN TREATY SYSTEM.
ing to the intercourse and relations of the Indian tribes
and nations resident in said territory" and represented,
but is restrained from passing any act inconsistent with
the constitution of the United States, the laws of Congress,
or existing treaty stipulations; or any act affecting the
tribal organizations, laws, or usages. Its courts, required
for the administration of justice and the interpretation of
its regulations, are organized and vested with jurisdiction.
by Congress. Its Executive is the Superintendent of In-
dian Affairs, and thereby becomes ex-officio Governor.
The commissioners who negotiated on the part of the
United States, builded thus far very ingeniously. Legisla-
tion must necessarily be harmless, since the power to over-
throw or enforce it, rests with United States officers.
Congress, if unfettered, could not have invented a more
innocent expedient to harmonize the conflicting interests.
of the separate organizations thus associated, and allow
them opportunity to work out undisturbed their own
civilization.
But glance further at the treaties and mark the pecu-
liar political complexion of the government promised the
tribes which compose this confederacy. Each is inde-
pendent of the Grand National Council in matters of home
concern. Each has its constitution and laws, its legisla-
ture, executive, and judiciary. The treaties accord them
the power of self-control, and deny to Congress the right
"to interfere with, or annul their present tribal organiza-
tions, rights, laws, privileges, and customs." Their courts.
have exclusive jurisdiction in cases both civil and criminal,
and are of last resort. They are in semblance small prin-
cipalities. Citizens of the United States are not permitted
to remain therein unless bidden, and then they become
members of the nations, and are subject to all the laws of
their new domiciles. In some instances, the Indian land
held in common by authority of the act of Congress of
INDIAN TREATY SYSTEM.
141
eighteen hundred and thirty, may be finally disposed of
by the legislative assemblies.
Such are some of the chief political features of the tri-
bal organizations of which the territorial government is
made up. Their proceedings, although confined within the
limits prescribed in the treaties, might give rise to many
puzzling questions; and indeed they are given a breadth
of action which the law does not justify. Should a white
man become a member of a tribe by adoption, and commit
a crime forbidden by the Indian trade and intercourse laws,
could the courts of that tribe exercise exclusive jurisdiction
in the case? Should he commit a murder, taking the life
of an Indian, would he not be amenable to trial by a United
States court under existing statutes? A treaty cannot set
aside an act of Congress. The latter remains in force in
defiance of a treaty agreement. And yet, a few years ago,
the conduct of a United States marshal was condemned,
because he attempted to take forcible possession of a United
States citizen, who was also a citizen of the Cherokee na-
tion, and who was accused of the murder of a Cherokee
squaw. The Cherokee court claimed that its jurisdiction
of the case was exclusive, when in fact it was not concur-
rent. The process of the United States court could have
been executed, even if a trial of the accused by the tribal
courts had been in progress. Again, the treaties not only
ostensibly set aside United States statutes, but they limit
the transactions of Congress in the matter of control.
That body, out of scrupulous regard for the national faith,
might avoid special legislation having application to these
particular tribes; but a general Indian statute without
any saving clause would at once dissolve those stipulations
of a treaty with which it was at variance.
A careful reading of the instruments suggests many in-
consistencies of similar import. The commissioners in
preparing them, evidently took under advisement all the
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INDIAN TREATY SYSTEM.
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solemn guarantees and written covenants which had not
become nugatory, and determined that all should be sa-
credly observed. The construction of the tribal govern-
ments therefore became very difficult, and the labor was
probably as well performed as circumstances and material
permitted. They attempted impossibilities under the law.
The object sought, too, was new. Formerly, the treaty-
making power had been engaged in placing the tribes more
thoroughly under United States authority. Here, the
experiment of confining that authority, and making them
less dependent, was to be tried; plainly a much more
arduous task.
If now, after this casual review of these promised po-
litical regulations of the tribes, we again glance at the con-
struction of the territorial government, we should find that
while comparatively harmless in its operation, it might be
difficult to administer.
The organizations of which it is composed must retain
sole direction of their own affairs, for the treaties make it
imperative. Only such matters as are of general concern,
or such as may arise between parties of separate tribes,
are placed under the management of the territorial coun-
cil. The field of legislation would, in the language of the
treaties, include such subjects as the "arrest and extradi-
tion of criminals escaping from one tribe to another; the
administration of justice between members of the several
tribes of said territory, and persons other than Indians, and
members of said tribes; the construction of works of inter-
nal improvement, and the common defence and safety of
the nations of said territory." The field appears very nar-
row and the governor as such has few duties to perform.
Still, being at the same time Superintendent of Indian
Affairs, he has direction of the Indian agents of every tribe.
As Governor, he executes the mandates of a council estab-
lished by virtue of treaties, which might unitedly be con-
t
INDIAN TREATY SYSTEM.
143
sidered the organic act, or constitution, of the territory.
As Superintendent, he executes the laws of Congress, and
can by a skillful manipulation of his agents, hold every
tribe represented in that council in complete subjection.
He therefore virtually conducts the tribal assemblies, and
also the territorial legislature; and it might oftentimes
become difficult for him to place proper bounds to his offi-
cial action.
The United States Court, which has exclusive original
jurisdiction in all matters arising between parties of sepa-
rate tribes, must recognize all tribal rules, customs and
laws not inconsistent with the constitution and laws of
the United States. How far this recognition must extend
depends in a great measure upon the agreements of Indians
contained in treaties. If they have promised to adopt
our usages, to live and govern themselves as do our civil-
ized communities, a barbarous custom might be considered
inconsistent with the supreme law of the land, because the
treaties interdict it; otherwise, a virtuous and enlightened
judge might be sorely troubled concerning the duty of recog-
nition, for the constitution and acts of Congress allow the
Indian bands to abuse and destroy each other at their pleas-
ure. When this Indian territory of promise, progression,
and of intended expansion, receives within its elastic folds
the as yet uncivilized Indian nations, those nations should
(as promise by treaty is no longer possible) be forced to
declare, and in a manner which the law will hold binding,
that they discard the practices of their fathers, or Congress
should take away the license which they have hitherto
enjoyed. Whatever may be their social condition, it is
evident that a court which attempts to administer the laws
of the United States, the laws enacted by the council of
the Indian territory, and at the same time gives full faith
and credit to "the public acts, records, and judicial
proceedings" of every tribe, as well as legal recognition of
}
ד
4.
144
INDIAN TREATY SYSTEM.
all their customs which are not inconsistent with the con-
stitution and the acts of Congress, might have before it a
fertile province for the production of fine spun theories.
and masterly decisions.
Thus, the legislative department is restrained within
narrow boundaries, while the executive and judicial
branches presided over by United States officers, are really
the vital moving forces of the confederacy. The different
powers are either not properly adjusted, or are out of propor-
tion. They have not their true spheres and balances, and
the machinery of such a government will not work with-
out the constant assistance of some external agency. The
aid must come from Congress, and the territorial govern-
ment in its movements must conform to the demands of
the, United States, and must submit to such amendments
and modifications as the force of circumstances may re-
quire, or its long continued existence is impossible. Those
modifications will in the end change its entire structure.
Whether the tribes become civilized, and the members
thereof are incorporated with the great body of our own
citizens, or whether they remain in a semi-barbarous con-
dition, a government so completely opposed to all other
forms of State and territorial governments, cannot be
maintained and administered in the heart of a future
thickly populated country.
This confederacy may be viewed as the crowning achieve-
ment of the Indian treaty system. Notwithstanding the
extremity to which the treaty power was carried, and the
silent acquiescence of all interested parties in the action
taken, the result, practically considered, is but a temporary
arrangement. Had not the usage of contracting by treaty
been destroyed, the power might again have been called
into exercise for the correction of manifest imperfections.
But in such an event our commissioners might have be-
come perplexed in attempting to decide upon the particu-
INDIAN TREATY SYSTEM.
145
lar authority which should be invited to negotiate with
them. They might be at a loss to know whether the confed-
eracy possessed the sovereignty, or whether it still belonged
entirely to the tribes which were confederated. The absurd-
ity of entering into international compacts with the terri-
torial governor-a United States citizen holding the office
of Superintendent of Indian Affairs-might solve the mys-
tery in the commissioners' minds, and quickly lead them
to the discovery that the tribes had never surrendered any
portion of their nationality. A readjustment of the
territorial machinery would then require a number of new
and distinct agreements, equal to the separate organiza-
tions for which it was intended, before the drama of
Indian self-control under a united government could be
reënacted.
Fortunately, it is no longer possible for the circum-
stances to arise, which would necessitate such a proceed-
ing. Congress has finally asserted its right to conduct
Indian matters, and the simple contract, made under
the explicit directions of that body, has been substituted
for the agreement by treaty. The change should have
been made a quarter of a century ago; but our courts,
and all people who respect constitutional provisions, and
who desire simplicity of construction and homogeneity in
our political institutions, should be rejoiced that it has
been no longer delayed. If our continuing promises-
such as are to remain in force until certain doubtful
events transpire, are avoided-if conditions which are to
endure "for all future time," or "as long as grass grows
and water runs," are no longer entered into ; if, in fine,
contracts are only made to meet exigencies as they arise,
our Indian tribes will begin to assume their true relation-
ship to Government and the confusion of the past upon
Indian matters will gradually give place to correct under-
standing.
7
2
་་་
146
INDIAN TREATY SYSTEM.
+
Thus far in this chapter, attention has been invited to
the frequency with which the treaty power has been called
into service for the settlement of Indian difficulties, the
astonishing range of subjects which it has undertaken to
deal with, the absurdity and apparent illegality of many of
the provisions, and the effect of its sweeping action in re-
straining judicious congressional legislation, in establish-
ing incongruous political organizations, and in creating
legal perplexities. The practical, financial results of the
treaty system, or the substantial benefits which the United
States have obtained by means of that system, have only
been occasionally referred to. Its advocates claimed that
it furnished the best mode of conducting Indian affairs.
That under it, the Indians received humane and Christian
treatment; that it was best calculated to allay hostilities
and to promote moral and mental improvement, while it
cheaply secured the Indian estate in territory, and that it
was therefore most economical in its workings. We do
not propose to discuss at this time, the mental, moral, or
Christian influences which it exerted, either upon those
engaged in its administration, or upon the Indians.
know that it threw all power into the hands of the Indian
Bureau, which made all treaties, attended to their execu-
tion and fulfillment, and was therefore, in a great degree,
responsible for the honest performance of contracts arising
under them. If they have been faithfully carried out, the
Indians must have received a sufficient amount of teaching
to permanently impress the dullest of natures, and enough
substantial aid to win their continued gratitude. Educa-
tion and the spirit of thankfulness have not, however,
been so largely developed as to repress their savage pas-
sions, nor to cement a lasting friendship. As a rule, they
have been ready to break off amicable relations with the
Government, whenever their strength promised them a suc-
cessful issue to hostilities. A distinguished bishop of the
We
་
INDIAN TREATY SYSTEM.
147
·
Episcopal church, who has labored zealously in the field of
Indian missions, and who has given considerable study to the
causes of border disturbances, publicly asserted a few years
since, that Indian wars had cost us five hundred millions
of dollars. The statement, at first view, appears exagger-
ated; but a little reflection drives one to the bishop's opin-
ion. I could believe, that fully two-thirds of that amount
of money had been expended during the last century, in
conquering by force of arms, the tribes which were rebel-
lious, and in the permanent retention of troops for the
express purpose of intimidating those which were turbu-
lent. During the first ten years of that period, more than
ten millions of dollars were disbursed on account of ex-
peditions on the northern frontier. The numerous wars
since waged, have been attended with disbursements in like
ratio. The Seminole war cost some twenty-five millions,
and the Cheyenne war, according to good authority, thirty
millions of dollars. The treasury is yearly called upon to
liquidate the claims of the territories for expenses incurred
in battling with the race which is being supplanted. The
present Sioux war, far from being terminated, will exhaust
large money appropriations; so that an estimate of one
hundred and fifty millions of dollars, as the actual sum paid
out in conquering peace with the various bands and tribes
of the malicious aborigines, might be supposed reasonable.
The expenses incident to the support of the additional
troops required, because of the presence and attitude of
interior tribes, may be roughly approximated. The erec-
tion and maintenance of costly military posts in territory
roamed over by the natives, has been deemed expedient,
in order to render secure routes of communication, and to
protect the white inhabitants of the borders. Such labors
might have been for the most part dispensed with, if the
country had not been occupied by Indians from whom at-
tack was anticipated.
!
1
148
INDIAN TREATY SYSTEM.
+
If now from the total expenditures of the War Depart-
ment, there be deducted the cost of our foreign wars, that
of the late rebellion, and that of our probable peace estab-
lishment, the remainder,-had there not been in our midst
an uncivilized population of doubtful intentions,—would be
mostly made up of the particular expenditures sought after.
The disbursements of the War Department since the foun-
dation of the Government, aggregate four thousand mil-
lions of dollars; of which amount about one hundred mil-
lions were paid out on account of the war of eighteen
hundred and twelve and that with Mexico, and about three
thousand millions during the rebellion. Without these
foreign and domestic difficulties here mentioned, and with
no Indian population, the necessary annual expenses of the
War Department, for the first sixteen years of that period,
would not have been more than eight hundred thousand
dollars, not more than three millions of dollars for the
succeeding forty years, and for the following thirty years,
not to exceed eight millions of dollars. The remainder
which we seek is therefore upwards of five hundred mil-
lions of dollars.
Such calculations are however vague and unsatisfactory.
But the object of here introducing them is accomplished,
if the fact is recognized, that notwithstanding the politic
system of civil control which has been pursued, the war
expenditures involved in holding the Indian population in
check has been very burdensome to the country; that the
money saving resulting from the humane and Christian
treatment which the Indians have received under the treaty
system, with all its elevating influences, and consequent
moral restraints, is too indefinite to be appreciated. No
other system has been tried, and it could not therefore be
shown, that some other plan of operation would not have
been more economical in its financial bearings, but it is
doubtful if the enforcement of law, applicable to the true
+
1
P
4
INDIAN TREATY SYSTEM.
149
legal status of the tribes, carried out in letter and spirit,
and by force if necessary, would have been more exhaustive
to the United States treasury.
The civil disbursements of the Government, on account
of our Indian population, can be ascertained. They were
almost entirely made under treaty stipulations until the
practice of subsisting that population was inaugurated.
An occasional donation by Congress, or an official ap-
pointment under the trade and intercourse laws, have cost
small sums of money, but the amounts are so insignificant
when compared with the total expenditures, that they are
hardly deserving of mention. Those disbursements may
be stated in round numbers, at one hundred and sixty-five
millions of dollars. During the sixty years in which the
Indians were managed by the War Department, the dis-
bursements on their account were not more than fifty mil-
lions, and during the last twenty-eight years, they have
therefore been one hundred and fifteen millions of dollars.
The annual average of appropriations for the first twenty
years of the Government's existence, was about ninety-five
thousand dollars; and for the last twenty years about four
and one-half millions of dollars. The cost of the entire
service of the Indian Department has increased one hun-
dred fold, and it now amounts to about eight hundred
thousand dollars annually.
The United States are still largely in debt to the Indians
under existing treaties. It yet requires four and one-half
millions of dollars to meet those stipulations which call for
definite payments at expressed dates, while the annual lia-
bilities of the Government, on account of contracts with
the tribes, and which are not limited as regards duration,
exceed one and one-quarter millions of dollars. Of the
last stated amount more than one-third must be annually
continued for all time, but the yearly payment of much of
the remaining portion is discretionary, and may be discon-
•
150
INDIAN TREATY SYSTEM.
?
tinued. A fraction of this liability is covered by interest
upon investments in public stock, made and held in trust
by the United States for certain tribes, but nearly a third
of the stock thus held does not pay interest, and Congress
is obliged to make the same good by repeated appropria-
tions. How long an admitted expediency may insist upon
carrying out the stipulations of treaties indefinite as to
time, and what limit may be fixed to the duration of per-
manent annuities, are problems of too uncertain a charac-
ter for arithmetical calculation. The sum of money then
which must be yet applied to fully execute these contracts,
cannot be exactly ascertained; still it is safe to place it
among the tens of millions. This added to the one hun-
dred and sixty-five millions already disbursed, would force
the civil expenditure of our Government, on account of our
Indian population, in the neighborhood of two hundred
millions of dollars. What benefits have been received for
this outlay? We wish to consider the question from a
strictly business standpoint, and not in its philanthropic
and Christian aspects.
It might be suggested, that the expenditure has re-
sulted in the civilization, to a certain degree, of a portion
of our population; has partly prepared it for labor and
citizenship, and thereby secured an aid in the development
of the nation. But most men would confess that the total
loss of this element at the present time would prove favor-
able to the financial interests of the country. Yet this
element is destined to remain, for it cannot be removed by
any action which the law of nature would sanction, and
therefore, in so far as Indian advancement has been
achieved, the Government has been benefited.
Another, and the only other, recompense or considera-
tion received, is the possession of territory of which the
Indians held the conceded right of occupancy; or rather,
to be more explicit in statement, the immediate and peace-
INDIAN TREATY SYSTEM.
151
able possession of territory actually occupied by Indians,
title to which had been previously acquired by conquest
and purchase from foreign nations.
The money value of this acquisition has not been as
important as generally supposed.
We cannot ascertain the extent of actual Indian occu-
pancy at the various dates of foreign conquest and pur-
chase. We cannot even tell the extent thereof at the time
of Indian relinquishment, nor compute the term of prob-
able Indian possession, had the Indian estate been al-
lowed to continue free from outer molestation until it ex-
pired from tribal causes. We will proceed, therefore, upon
the supposition that the Indians held a perfect title in the
lands with which they parted by treaty, and also that they
legally possessed the entire territorial area of the nation,
outside of the boundaries of the thirteen original States,
and those States which retained their public land upon
admission to the Union. Even upon this erroneous suppo-
sition, the treaty purchases cannot be shown to have been
very successful financial speculations.
It is true, that the Government holds an unencum-
bered public domain of magnificent proportions. If the
statements of theorists, and indeed of our public men, are
to be regarded as facts, cheapness and fertility of soil, and
salubrity of climate, invite the oppressed of the world to
there seek asylums, and establish for themselves happy
and prosperous homes. Says a distinguished law-maker :
"No nation ever held so rich and vast an estate in lands
as has been, and now is, held by the United States, and
nowhere have been found lands of equal fertility, with
such a diversity of soil and climate, to be disposed of so
cheaply." Granted for the present that the lands are at-
tended with all these favorable conditions, while a brief
examination is made into the action of the Government,
thus far, in regard to acquisition and disposition.
152
INDIAN TREATY SYSTEM.
.
The area of the United States, outside of the States
above referred to, the territory of Alaska also excepted, is
nearly fifteen hundred millions of acres.
The tribes still own one hundred and sixty millions of
acres, which is contained within described reservations.
On the supposition then, that the Indians formerly held
complete and rightful possession, the United States have
purchased about thirteen hundred millions of acres. Of
this amount some six hundred millions of acres have been
surveyed, and a little more than five hundred millions of
acres have been disposed of; so that the unencumbered pub-
lic domain embraces, at the present time, nearly nine hun-
dred millions of acres. Proceeding on the supposition that
the Indians originally held perfect title, the cost of the land
might be presented as follows: Paid to Indians, one hun-
dred and sixty-five millions of money; expense of survey-
ing, of selling and of managing the land which has been
passed to private parties, thirty millions; amount yet due
on executory Indian contracts, twenty-five millions of dol-
lars; total cost, two hundred and twenty millions of dol-
lars. The total receipts thus far obtained from the sale of
land is about two hundred millions of dollars, or twenty
millions less than entire expenditures. But the Govern-
ment has still nearly nine hundred millions of acres to dis-
pose of.
Most assuredly it has, yet the present pecuniary
value is insignificant. Time is required to convert it into
currency. Conceding that ten millions of acres will be
taken up annually, and that the treasury will yearly re-
ceive therefrom four millions of dollars, (certainly a sup-
posed rapid disposition with most liberal returns if the ex-
perience of the past is to be a guide in determining the
results of future speculation) what profits would be real-
ized? The expense of survey, and of completing sale,
might be fixed at twenty cents per acre; and the transfer
of ten millions of acres would cost two millions of dollars.
INDIAN TREATY SYSTEM.
153
#
The annual interest of the twenty millions of money already
paid out, would at six per cent, be one million two hun-
dred thousand dollars. The yearly profits would therefore
amount to eight hundred thousand dollars. At such a rate,
twenty-five years would pass, or the sale of two hundred
and fifty millions of acres would be consummated before
present deficiencies could be made good.
Viewing the entire proceedings which have been taken
in the acquisition of territory from the Indian tribes, as a
single contract, one might admit that Government had
secured favorable terms could the parties withdraw from
all future relationship. Unfortunately the tribes by ful-
fillment on their part, have been placed in conditions which
enable them to demand large additional compensation.
They relinquished the means of support, in giving up
tracts of country and accepting small reservations. They
were reduced from a self-sustaining to a dependent condi-
tion, and thus they will remain until their intentions,
ideas, and even natures, undergo a radical change. Until
that far distant day, they will pray for extra awards of
money, basing their claim upon the demands of natural
justice. They will represent that they bartered their ter-
ritory for money and government protection; that they
have endeavored to fulfill the stipulations of the contract,
but in their earnest trials to adopt the habits, and secure
the necessaries of life, by following the pursuits of their
white brethren, they have met with failure. Might not a
broad interpretation of the contract entitle them to relief?
The officers of the Indian Bureau, in those portions of
their reports wherein they call attention to economy in ad-
ministration, and to the small consideration promised for
land purchased, forget to mention the implied covenants.
which are assumed. The report of former Commissioner
Harris, rendered in eighteen hundred and thirty-six, occurs
to me in this connection. He reports, that the United
*y*
%
154
INDIAN TREATY SYSTEM.
1
States had, within eight years, acquired title to more than
ninety-three millions of acres of land, and had stipulated
to give therefor twenty-seven millions of dollars, and
thirty-two million acres of land. He looks upon those.
transactions as financial successes, while they were at the
same time characterized by great liberality on the part of
the Government; for, as he says, during the early days,
only from ten to thirty cents per acre was allowed, where-
as the price had risen to seventy-two cents per acre. He
did not attempt an estimate, nor even mention in any way
the liabilities which the Government had incurred, by
stripping the Indians of their hunting grounds, and im-
pliedly promising them food and raiment until they be-
came civilized, or at least able to maintain themselves by
growing the products of the soil. The actual purchase
money for the four hundred and twenty millions of acres
of land, transferred by the tribes during the first fifty
years of the Government existence, is not yet paid, and it
may still require fifty years to exhaust the Indian claim.
This view may be erroneous, but it is obtained from the
consideration of those official reports, in which we are
taught that the public domain is being cleared of encum
brances at a trifling expense, taken in connection with
those yearly public statements, made when large appropria-
tions are sought, from which we learn that almost the
entire amounts asked for are due to the Indians, and can-
not in any sense be deemed charity. That they are due to
the Indians, in "consideration of their relinquishment to
the Government of the United States, of large tracts of
country which they formerly occupied."
But we may be reminded that the ideas advanced in
regard to the value of the public domain are exceedingly
narrow; that its worth cannot be measured by its market
price; that cash receipts are of slight importance, com-
pared with the benefits derived from the various uses to
INDIAN TREATY SYSTEM.
155
which it has, and is being applied, the inducements for
national growth which it offers, and the promise of future
national greatness which it insures.
Limited only by
great acres of the earth's surface, it is of sufficient dimen-
sions, notwithstanding its waste and desert places, to sus-
tain the increase of population for centuries. There
beneficent laws grant free homes to the poor and indus-
trious, thereby inviting large immigration. It enables
Government to foster magnificent enterprises, and to assist
the cause of general education. The land now sold for
cash, is but one-tenth of the amount actually transferred.
The cash sales are to the homestead entries as one to four,
and to the gifts in aid of schools and colleges, as one
to three.
This comprehensive opinion of value is willingly ac-
cepted. In confining attention to actual cost and market
rates, the subject was brought within the argument of
those who proceed upon the hypothesis, that the Indian
tribes held legal possession of this vast area of country,
and who thereupon attempt to show that by judicious.
purchase under treaty, they were cheaply obtaining the
land required for settlement, and that the nation was
constantly reaping pecuniary successes from their sagacity
and labors.
Admitting the priceless value of the public domain,
the supposition that any considerable interest therein was
ever secured from the Indians is pronounced untenable.
Whatever spéculations as to abstract rights moralists may
indulge in, it cannot be denied that the whole country was
bought by the blood and treasure of our ancestors from
foreign governments. Indian treaties gave us nothing
except the right of immediate possession to those sections.
of territory which the tribes legally occupied. The extent
of such occupancy has never been determined. If the
tribes sold more than they held by virtue of the occupants'
156
INDIAN TREATY SYSTEM.
claim, the treaty commissioners purchased that which
already belonged to the United States. That they did so
is very probable, even if they purchased the possession of
one-half of our former public domain; for the idea that
three hundred thousand Indians could legally possess eight
hundred millions of acres would hardly be indulged in by
the most benevolent of minds. As before intimated, the
pecuniary value of this actual interest in possession cannot
be measured, but it was insignificant in comparison with
the great reversionary interest which a short period of
time would have brought into being, whatever might have
been the nature of the policy pursued towards the Indian
race. The treaty power paid well for the Indian right
and at the same time built up a political relation between
the Government and the tribes which has proved expensive
and unfortunate. We believe therefore, that in the inter-
est of economy the treaty system has not proved a success.
The assertion will appear more convincing when its effects
upon the tribes are considered.
ام
CHAPTER V.
INDIAN TREATY SYSTEM.
IN the preceding chapter, the result of action under
the treaty system, as it affected the government, was chiefly
considered. Little was said of its effect upon the tribes.
An attempt to discuss this aspect of the subject neces-
sarily opens a broad speculative field; for since no other
system of control has been resorted to, we cannot furnish
proof to show that a different method of treatment would
have been more satisfactory. The difficulty which pre-
sented itself when seeking the errors of Government under
the system, still attends us. The assertion that the tribes
might have been more rapidly advanced in civilized life,
and controlled at less expense, had their proper political
status as a portion of our dependent population been im-
posed upon them, is again met by the answer, that the
treaty system was wise and humane, and has proved suc-
cessful.
Even the best of our public men, who confess disap-
pointment that our Indian policy has not produced more
happy results, are apt to attribute failure to the improper
manner in which it has been carried out, and not to its
radical defects. Criticism might therefore in many instan-
ces be acknowledged as just, while suggestions as to an
entirely different mode of procedure would be rejected.
Hence, it is much easier to point out the errors of the
treaty system, as applicable to the tribes, than to advocate
a course of action towards the Indians which is directly
antagonistic to former practices.
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INDIAN TREATY SYSTEM.
کمر
In the preceding chapter, we endeavored to expose some
of the serious evils which have been entailed upon Govern-
ment, because of the recognition of the tribes as nations
vested with treaty rights. We tried to show that those
evils would have been avoided, had the tribes been placed
under congressional dictation. We shall now attempt to
make it appear, that the greatest good of the tribes de-
manded from the first, their entire subjection to legislative
control, and consequently has not been promoted by their
treaty privileges.
The proposition conducts us to ground as yet untrodden.
Thus far in the discussion, we have remarked upon the
rise and growth of the treaty system, have spoken of its
adoption by the present Government, and referred in brief
to the law by which it has been upheld. Now we shall
endeavor to maintain, that error was committed in con-
sidering the tribes as independent communities in any par-
ticular whatever, and that they have not been benefited
by the course of action which has been pursued.
The new domain which we are obliged to enter teems
with speculations upon abstract rights. The wisdom of
our fathers, who placed upon record the opinion that the
Indians were entitled to self political control, and legally
held possession of all that vast territory over which they
roamed, will be questioned. This is an unfilial, and ac-
cording to the old Roman teachings would be almost a
sacrilegious, undertaking. It is also a presumptuous task,
since their recorded verdict, embodied in the constitution
of the United States, as the earlier decisions of the supreme
court give us to understand, was presumedly based upon
their interpretation of natural, or positive law, as well as
upon their judgment in regard to expediency. If the law
of nature awarded to the tribes the powers of independent
nations, that verdict rested in justice, and was therefore
correct; for a constitutional provision or enactment of
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INDIAN TREATY SYSTEM.
any kind which is not in harmony with that law, is clearly
wrong. If that law conferred upon the tribes national at-
tributes and gave them title to American territory, such
recognition by our Government was right, notwithstanding
the claims of expediency.
Unless then, it can be made apparent, that positive law
did not compel the establishment of the political relation
which has so long continued between the Government and
the Indian tribes, there is no foundation for an assertion,
that our ancestors did wrong in acknowledging the national
independence of the latter, whatever may be the teachings
of a century's experience.
We propose here to take but a single step in advance of
the position assumed in the third chapter, wherein we
remarked upon the legality of the congressional act which
took from the treaty-making power control of the native.
population. There we affirmed that the special circum-
stances which decided action at the time the Government
was organized, had become so changed as to render con-
stitutional provisions inoperative; that the Indians had
given up, or bartered away, all the national prerogatives
which they ever possessed, and should be recognized as
communities subject to the dictation of Congress. Now
we contend, that even at the time when those provisions
were adopted, the tribes were in no sense independent
sovereignties, as judged by the law of nature or nations,
and that all opinion to the contrary is founded upon an
erroneous appreciation of the special circumstances which
then existed.
The proposition does not therefore imply that the
framers of the constitution were wanting in theoretical
knowledge of positive political rights. They studied more
deeply the subject of civil liberty, and the science of gov-
ernment, than the statesmen of the present day. They
sought more earnestly the ultimate sources of political
160
INDIAN TREATY SYSTEM.
power, than any class of men of any other age. The prac-
tical training which they received in that severe contest,
wherein they struggled for the success of principles,
founded, as they claimed, upon the law of nature, fitted
them to ably expound that law, and to render righteous
judgments. But they might have been deceived in regard
to the particular circumstances upon which they were
called to administer, and have therefore made mistaken
decisions, although they did not entertain any misconcep-
tions of the law intended to be realized. This is all that
our proposition contains. They were wrong in their
opinions of the strength, importance, and organization of
the tribes, and of the condition, ability, and characteristics
of the Indians.
Besides, theirs was a time when right was contending
against established power, and when many advocates of
the former, strengthening their opinions by every plausi-
ble argument, were liable to embrace extreme political
views. It was a time when the interests of the Indians
would be most sure to receive recognition, and to be most
strictly guarded. It was a time when the cause of the red
man was eloquently supported at home and abroad, and
especially so by Frenchmen, although their own nation
was shortly to engage in the sale, purchase, and exchange
of populous civilized provinces, regarding them merely as
commodities of trade. The reply of Jefferson contains an
expression of the better sentiment of the American people :
"It may be regarded as certain, that not a foot of land
will be taken from the Indians without their own consent.
The sacredness of their rights is felt by all thinking per-
sons in America, as much as in Europe.'
""
Stripped of sentiment, the facts which are now known
to have then existed, may be plainly stated as follows:
The European claims of property to, and within, a large
territory, had been acquired by the United States.
INDIAN TREATY SYSTEM.
...
161
title and interest therein vested in the people of those
States, and by the rules governing the actions of nations of
the civilized world, they could manage or dispose of it as
they pleased. Over that extended country roamed a few
barbarians, numbering less than two hundred thousand,
who were unconditionally transferred with the soil. They
were separated into many clans, which were determined
by consanguineous relationship, and maintained for per-
sonal security. Confederations of bands were sometimes
found-the bond still consisting in relationship, as indi-
cated by identical stock language, and the object being war
or defence against savage enemies. Their rude societies
were governed by no law, except that of retaliation, which
was interpreted and executed only by the individual who
considered himself aggrieved. They did not have the re-
motest idea of the law of real property. With no permanent
abodes, their wanderings were limited by the range of the
wild game on which they, for the most part, subsisted, by
choice of climate, by inclination for particular features of
country, and by fear of encounters with hostile tribes. They
had no political organizations, in the modern acceptation of
that term. In peace, they were not subject to any legalized
authority, for none was placed over them. In war, they
united under a leader from desire and not from compulsion.
Their rude councils never considered questions of tribal
management, but fixed upon and declared purposes for
the ruin and distress of surrounding bands. The only
object of inter-tribal assemblies was the purchase of peace,
or the formation of combinations for war.
Their occupa-
tion was destruction, and such seemed to be their mission
-destruction of man and beast and indeed of everything
in nature.
This brief description is true of the majority of the
Indian population, when transferred by Europe. There
were tribes which had long lived in proximity to the white
+
1
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INDIAN TREATY SYSTEM.
4
1
man, had learned from him the benefits of settlement, and
had adopted many of his habits. This individual advance-
ment improved the tribal structures, but they were still of
too primitive a mould to display the rudiments of simple
government.
As opposed to the above estimate of Indian characteris-
tics and condition, let us set out the opinions of an earlier
period : "When wild in woods the noble savage ran,” when
his mental ability, his superstitious beliefs, his domestic
and social life, and, if we may so speak, his national pecu-
liarities, furnished perplexing riddles which were generally
solved to his advantage; when his ancestors were sought
among the lost tribes of Israel, or with those Carthagenians
supposed to have been separated from Hanno's fleet during
his periplus. We will not however, quote the extravagant
conceits of that day, but further present the mature conclu-
sions of Jefferson. He says: "It is in North America that
we are to seek the original character of the Indian; and
I am safe in affirming, that the proofs of genius given by
the Indians of North America place them on a level with
whites in the same uncultivated state.
* * I believe
the Indian then to be, in body and mind, equal to the
white man. I have supposed the black man, in his pres-
ent state, might not be so, but it would be hazardous to
affirm that, equally cultivated for a few generations, he
would not become so."
*
To say the least, this comparison between the red and
black man, is unfair. The former Seminole negro slaves
are far in advance of their old masters. Experience proves
that the African excels the Indian in aptitude to conform
to our customs, and in ability to receive our instructions.
The supposition that the Indians and the whites would be
equal, if in the same uncultivated state, is doubtless true,
but place the white man in that supposed condition, and
he becomes an Indian, with all the latter's superstitions and
INDIAN TREATY SYSTEM.
163
wicked propensities, and would be equally averse to the
teachings of the civilization of the whites. The two are
radically different by nature, and would, if left to them-
selves, pursue divergent paths.
Yet, the above cited convictions of Mr. Jefferson are
moderate, as compared with the opinions of many of his
contemporaries. The Indian, the untutored child of the
forest, the subject of absurdly imaginative contemplation,
was the psychological enigma of the New World. Edu-
cated by nature, he must naturally have been governed by
noble impulses. His cunning cruelties might be attributed
to natural revenge for wrongs inflicted upon him, but
treated with kindness and moderation, and allowed full
freedom of action, he would cheerfully welcome his white
brother, and gaining from him new ideas of life and duty,
would soon develop into an intelligent and conscientious
member of society.
No less erroneous were impressions regarding the num-
her and strength of the tribes, as has already been shown,
of the quantity of territory which they actually occupied,
and the constitution of the tribal authority under which
they had gathered. Such impressions gave rise to what
would now appear unreasonable assumptions. It is not
fifty years since the United States Senate was addressed as
follows: "I insist, that by immemorial possession as the
original tenants of the soil, they hold a title beyond and
superior to the British crown and her colonies, and to all
adverse pretensions of our confederation and subsequent
union. God, in his providence, planted these tribes on
this Western continent, so far as we know, before Great
Britain herself had a political existence. However mere
human policy, or the law of power, or the tyrant's plea of
expediency, may have found it convenient, at any or in
all times, to recede from the unchangeable principles of
eternal justice, no argument can shake the political maxim,
*
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INDIAN TREATY SYSTEM.
that where the Indian always has been, he enjoys an abso-
lute right still to be, in the free exercise of his own modes
of thought, government and conduct."
Such sentiments stand in direct opposition to those
which are now announced in the Senate: "There is no
law of nations, no law of morality, no law of religion, that
gives the Indian title to one-half of this country," exclaims
one of our leading jurists, and he is assisted by a member
who thus interprets divine economy: "God gave the earth
to nourish man, and He never intended that a few barbar-
ous wretches should possess a great extent of territory."
The application of law to circumstances as formerly
understood might consistently result in decisions impossi-
ble to be reached upon actual facts. Distinguished schol-
ars, however, who made the science of positive law a life
study, and who construed the law of nature as applicable
to the Indian tribes in their relation to civilized nations,
did not maintain as extreme views as many of our former
statesmen. Vattel says: "The whole earth is appointed
for the nourishment of its inhabitants; but it would be
incapable of doing so was it uncultivated. Those people
like the ancient Germans and modern Tartars, who having
fertile countries disdain to cultivate the earth, and choose
rather to live by rapine, are wanting to themselves,
and deserve to be exterminated as savage and pernicious.
beasts. *** Though the conquest of the uncivil-
ized empires of Peru and Mexico was a notorious usurpa-
tion, the establishment of many colonies on the Continent
of North America, may, on their confining themselves
within just bounds, be extremely lawful."
This doctrine is concurred in by our own lawyers, and
Justice McLean of the Supreme Bench enlarged upon it,
while insisting upon the legality and binding force of
Indian treaties. We quote from his decision: "The
abstract right of every section of the human race to a
INDIAN TREATY SYSTEM.
165
reasonable portion of the soil by which to acquire the
means of subsistence, cannot be controverted; and it is
equally clear that the range of nations or tribes which
exist in the hunter's state may be restricted within reasona-
ble limits.
"The law of nature which is paramount to all other laws
gives the right to every nation to the enjoyment of a rea-
sonable extent of country, so as to derive the means of sub-
sistence from the soil. Our ancestors might have taken
possession of a limited extent of the domain, had they been
sufficiently powerful, without negotiation or purchase from
the native Indians."
The meaning to be derived from these expressions, is,
that the Europeans had a perfect right under the law of
nature, to appropriate to their own use all the land needed
for actual settlement. The inference might also be drawn,
that as land was subsequently required on account of in-
creased population, the same might be forcibly seized, and
without attempt at negotiation, provided sufficient was
left remaining to the native race, from which to obtain
subsistence by cultivation.
These opinions have not, it is true, any weight except
as they influence other minds. They are not spoken ex-
cathedra, and in so far as they appear in decisions, are
obiter dicta. Unfortunately, the designs of Providence
are only known to us as the wishes of the highest excel-
lence of which we are able to conceive. They are subject
to as many different interpretations as there are diversi-
fied types in the wide range of human convictions. But
the legal profession should base its conclusions upon its
knowledge of facts. The enthusiast is apt to first ascer-
tain convictions upon an imagined existence of circumstan-
ces, and then force the facts to support those convictions.
He finds upon a matter of belief a conclusion of law. He
finds as matter of belief, that "God, in his providence,
...
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INDIAN TREATY SYSTEM.
planted the tribes on the Western Continent," and gave
them liberty to follow their inclinations, as regards habits
of life, and then announces as a political maxim, that,
where God placed them, they "have an absolute right still
to be, in the free exercise of their own modes of thought,
government and conduct." The legal profession would
first determine, as far as possible, the facts actually exist-
ing. It would perceive a people, seeking territory from
which to derive support by tillage; a people desiring to
expend labor in the production of articles for consumption
necessary for the maintenance of mankind, and demand-
ing land for that purpose. It would perceive on this
Western Continent, a great extent of waste and fertile
country which might be made available, roamed over and
claimed by insignificant bands of barbarians, and serving
no purpose except to nourish the game which fed the idle,
destructive and depraved representatives of humanity who
constituted its sole inhabitants. Upon these facts it would
seek to apply the law of natural right. That God, in his
providence, had placed the Indians here with the intention
that they should be unmolested to follow their heathen
practices, notwithstanding the needs of civilized communi-
ties, would be considered unsound doctrine. It would not
be amiss to presume that most persons, having a fair ap-
preciation of morals, would upon such a presentation of
facts, be convinced that the claim of the Indian should in
justice give way to the demands of the crowded population
of the old world.
Again, the Christian philanthropist is liable to fix un-
changeable rules, by which to measure virtuous personal
action, and does not properly weigh extraneous circum-
stances. His code is simple and severe when applied to
himself, but of great latitude when it concerns others.
Whereas, a more practical and less conscientious mind,
giving little reflection to the correctness of. motive, finds
.
INDIAN TREATY SYSTEM.
167
in outward circumstances an excuse for proceedings. The
former might determine at once, that he would not be
justified in taking possession of property not clearly his
own by express law, whatever might be his wants, while
the latter would, before coming to any decision, pass upon
the merits of all adverse claims. These different modes of
determining consistent conduct, employed to ascertain the
equities presented in this question of American territory,
would produce opposite conclusions. The one would sup-
port the native race in all the ridiculous pretensions which
have ever been raised in its behalf, while the other, view-
ing the Indian "as a savage and pernicious beast," would
award the country over which he wanders to those who
require it for use and occupation, and condemn him to ex-
termination in case of resistance. Representatives of either
theory may be found to-day in large numbers. The In-
dian's advocates and staunchest friends dwell generally in
the eastern States; his would-be executioners are his
neighbors. If the accusation of bias because of self-inter-
est is brought against the latter class, it should be ad-
mitted that its estimate of Indian character, however
erroneous it may be, is formed from practical experience.
But neither of the above mentioned conclusions would
be just. A rule of individual action, though unobjectiona-
ble in its proper sphere, is not always to the purpose if
called into use to guide the movements and transactions
of great communities. The continued practice on the
part of a nation, of those virtues of private life, such as
mildness, charity, denial, and uncomplaining suffering
under insult and wrong, would prove disastrous. The law
of protection and preservation, the exigencies of moral and
physical development, the maxim that the greatest good
for the greatest number is to be sought, must all be taken
into consideration and allowed weight, in the settlement
of questions of abstract national right. Nor can any
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INDIAN TREATY SYSTEM.
people ignore the claims of those holding interests antag-
onistic to its own. All classes of men have rights and
immunities. Because they do not make the best use of
property in possession, is not, of itself, a reason why it
should be taken from them. Although the law of nature
both commands and condemns, a nation is only bound by its
directions, and is not called upon to inflict its penalties.
It is a law which executes itself. If it condemns the
Indian, as undoubtedly it does,-a truth which is seldom
remembered by the admirers of this simple child of nature
it still compels the white man to extend to him kind
and humane treatment. The sentence which it pro-
nounces against him, and which is and has been for a
long time in process of fulfillment, cannot be mistaken.
No pardon will be granted until his uplifted hand raised
against all mankind is stayed, nor until he ceases his wan-
derings and betakes himself to those peaceful pursuits
which Providence directs him to follow. We may be the
instruments employed to enforce this sentence, but we
cannot assume that he has forfeited by his conduct all
claims to consideration, and thereupon ignore or forcibly
wrest from him his inheritance, although we wish to devote
it to laudable purposes.
Conceding that certain abstract rights belonged to the
Indians, which the United States were bound by the law
of nature to respect, it is well to ask concerning the quality
of the same, whether individual or national, and to ascer-
tain the extent to which the presumption that they were
of a national character has been carried in legislation.
The answers to these inquiries, could they be obtained,
would make it appear whether the legal recognition
granted by Government, has been in accordance with
justice and consistency as determined by the dictates of
conscience or an approved code of morals.
Excluding all arguments of expediency, we maintain
INDIAN TREATY SYSTEM.
169
that if the tribes were entitled to be recognized as nations
or independent sovereignties in any degree, they should
have been so recognized in all particulars, and were en-
titled to all the rights and privileges which are incident to
those conditions; since, as far as the Government was
concerned, they had never been abridged by the voluntary
act or permission of the tribes; that those rights and
privileges were, in violation of the law of nations and of
nature, greatly curtailed by the Government when the
political status of the Indians was fixed. We also contend
that if the tribes only possessed those rights which pertain
to individuals or dependent communities, they should not
have been recognized in any sense as national powers, and
that by such recognition on the part of the Government,
they became vested with property to which they could not
otherwise have set up a valid claim.
The propositions briefly stated are these :-If the tribes
were nations, their rights were wrongfully withheld; and
if not, they have been treated with a liberality beyond all
reasonable expectation. As nations, each had a basis
upon which to rest a legal title to all territory contained
within such boundaries as the tacit consent or sufferance
of surrounding tribes had permitted to be established as
the rightful limits of tribal occupancy, or such as has
been maintained by long continued force. As nations,
they owned this territory absolutely, and had the authority,
unless they had voluntarily parted therewith, to convey
the unconditional, unqualified fee to whomsoever they
wished. As nations, they had the right, in case they had
not given it up by stipulation, to hold intercourse and
negotiations with all foreign powers, and could also deter-
mine by what provisions they would continue relations with
the United States.
The latter thus recognized them: As nations, holding
national domains, with power to dispose of them carefully
8
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INDIAN TREATY SYSTEM.
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restricted by its own unauthorized act; as nations, capable
of contracting international obligations, but with ability to
treat, trade, and hold intercourse only with other Indian
tribes, and with the United States.
If nations, how, by any known law of nations, could
they be thus fettered, without their coöperation or con-
sent? The argument that such were the conditions im-
posed by Great Britain, and could be continued, is not
valid. If that power placed them in an unnatural condi-
tion, we had no right to prolong it. The law of nature
does not legalize a wrong, by any statute of limitations. The
United States could not substitute itself for Great Britain,
and thereby become a party to the treaties which the
latter had entered into with the tribes. And even if that
act could be accomplished at the will of the former, the
non-treaty tribes were not bound by any obligations to
accept the position assigned them, which was that of de-
pendent nations.
If the Indians did not possess rights of a national char-
acter, they had only those which belong to the individual.
The fact that they dwelt in assemblages, that they had
gathered themselves into bands or communities, did not
enhance or increase their rights, except with the societies
in which they had cast their lot. With those, to be sure,
membership created a relationship, from which sprang
mutual duties and privileges; but it could not confer a
status cognizable by any known system of international
law. Their rights then, if not national, were, in so far as
this Government is concerned, those pertaining to the per-
son; and there is no authority in the code of nature, which
human ingenuity or research has yet discovered, that
bestowed upon them title to any more land than the
quantity which they could occupy and utilize. That
doctrine of a former century, which affirmed that title to
new country vested in the government of the subject who
INDIAN TREATY SYSTEM.
171
made the discovery, was very fragile, and was accepted in
order to avoid distressing wars. It would however appear
substantial, compared with the vague theory, that indi-
viduals, or societies of individuals, could absolutely hold a
legal interest, unconnected with any superior sovereignty,
in vast tracts of country, which they had neither the
power nor inclination to make productive.
But consider this matter for a moment from an Indian
stand-point, and see if the case is made better. The
members of tribes did not own land in severalty, but held
it in common. In their minds, it was not property.
Their interest in territory was this: the exclusive privilege
to roam over it, and appropriate to their own especial use
the natural products which it contained. Comparatively
insignificant in numbers, they claimed to be the legally
constituted, sole recipients of all that share of those
blessings and benefits which Providence has freely be-
stowed for the good of the human race, which were to be
found within a large portion of the earth's surface.
Surely such an assumption is not in accordance with
divine will, and would not be defended even by the Chris-
tian philanthropist who a short time since was introduced
in these pages. Yet, this claim to extended territory ad-
mits of no other interpretation, unless immemorial enjoy-
ment of an advantage permitted under favorable condi-
tions, necessarily developed into a vested right; or unless
long continued modes of obtaining subsistence could be.
perpetuated, to the detriment and exclusion of fellow men,
simply because they had been long practiced.
Whether, therefore, the natural right of the Indians to
land was judged from their own or from the European
position, the validity of their claim to large tracts of coun-
try could not have been upheld, except on the ground
that it was acquired while the organizations into which they
were collected possessed the powers of independent na-
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INDIAN TREATY SYSTEM.
tions. And if a large portion of the American continent
belonged to the Indians when the United States Govern-
ment was created, they owned it as nations, and in no
other capacity.
Let us pursue further this question of character of
rights, and endeavor to shut out from consideration the
subject of territory, which constantly obtrudes itself in all
discussions upon Indian matters. Why it does so, is prob
ably for the reason that the relation established between
the Government and tribes is so apparently fictitious, or
intangible, when placed upon any other foundation than
that of territorial ownership, that it becomes exceed-
ingly difficult to understand. The response to the inquiry
were the tribes nations, is to the effect that they must
have been, since they held extensive domains. Should I
ask if the Indians were the rightful proprietors of Ameri-
can soil, I should be answered, yes, in their character of
nations they originally possessed the continent. This
reasoning is unsatisfactory. It is admitted that if they
held extensive domains they were nations, and were
consequently the rightful proprietors of the soil of this
continent; for extended dominion necessarily supposes
sovereignty. But we assert, that if they had not been
sovereign powers they could not have supported any title
to large tracts of country, because it is only in sovereignty
that such a claim could rest. We now deny that they were
nations, and consequently their claim to territory is denied.
The facts as they existed must be judged by the law of na-
tions, which is, in this respect, the conceded law of nature,
and judged by that law, what evidences can be discovered
to prove that the tribal organization possessed the requi-
sites of national powers?
A body of people, the members of which act at times
in concert, but from individual will, and not in obedience
to an expressed or understood rule; a body of people dwell-
INDIAN TREATY SYSTEM.
173
.-'.
ing in the same locality, but not subordinate to any gen-
eral authority; a body of nomadic people, congregated in
self-defence, or attracted by the ties of relationship, love of
superstitious observances, and opportunities for social in-
tercourse, numbering when united a few hundreds, or pos-
sibly thousands, but without a code of laws or government
of any kind, does not constitute a nation in a single par-
ticular.
But the tribes were organized and had their chiefs and
grand councils! To be sure they had; and any party of
men who should determine to cut themselves loose from
civil restraint, and enter a wilderness, would organize them-
selves under a leader, and the ablest of the party would
become its advisers. The tribal organization was of the
weakest pattern. The chief was a leader in war, but an
equal in peace. The members of the council did not be-
come such by appointment or election, but assumed and
maintained their positions from acknowledged ability in
speech and deeds. There was nothing in the organizations
which could be denominated government. Not even the
bands which formed the Iroquois league, nor those em-
braced within the southern confederacies, could unitedly
show the essential elements of nations, as now defined,
unless it might be in strength to maintain themselves.
under adverse circumstances, in the possession of privileges
which they had usurped. View the tribes as we please,
we fail to discover nations, kingdoms, principalities, or
powers-nothing in the majority of cases, but bands of un-
civilized people, who did not hold themselves responsible
to any law, but acted in accordance with will, as caprice
or passion moved them. We fail to find that the decrees
of nature invested them with the dignities and immunities.
of national existences, or upheld their claim to the extended
country over which they roamed. We are led to believe,
in conclusion, after weighing many probabilities, that the
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INDIAN TREATY SYSTEM.
:
..
position assigned them by our Government, as lawful oc-
cupants of the soil, subject to a qualified dependence, was
not, in truth, given because supposed to be in consonance
with positive law, but only because expediency and charity
combined seemed to dictate a continuance of the policy
which Great Britain had followed. It was thought that
the status which was declared and fixed, which accorded
them internal sovereignty, free tribal intercourse, and pos-
session of territory, until extinguished under governmental
authority, would prove satisfactory to all parties, and would
result in concord. For this reason the course pursued
was adopted, and not that it was made imperative by any
imagined higher law, or natural commands.
If conclusions thus drawn are correct, the effects of the
treaty system upon the tribes may be viewed as the results
of voluntary measures of public policy, and not as the at-
tendants, or consequences of a line of action which was
necessarily followed. We intend to consider them as the
results of measures deemed expedient, and put in operation
to meet the requirements of existing circumstances, and
shall endeavor to show in what respects the system was un-
wise or erroneous.
The questions which naturally suggest themselves in
the outset of the inquiry, are these: What changes in the
condition of the Indian population were sought? What
ends did Government wish to accomplish? They may be
briefly answered. The mental and moral improvement of
the Indians, indeed their complete transformation in habits
of life and modes of thought, was desired. "The ultimate
design was to incorporate into our own institutions that
portion which could be converted to the state of civiliza-
tion."
Whether proceedings under the treaty system were cal-
culated to bring about these results in the speediest and
most natural manner, even if faithfully conducted, is made
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INDIAN TREATY SYSTEM.
175
doubtful, for the reason that the improvement demanded
was personal, and not national or tribal, and that the sub-
sequent intended incorporation must be effected by the
acceptance of individuals, and not of entire communities,
into the great body of citizens. The needed reformation
consisted in individual progress, and the Government sys-
tem delayed it, since it assisted to perpetuate the tribal
relation, which was the outgrowth of barbarism, and the
product of savage customs. It attempted to reach the
person through an institution both social and political in
part, which was built up on idleness, superstition, and
crime, and which encouraged the Indians, even if it did
not compel them, to persist in those practices which it
fostered and preserved. It vainly thought it possible to
remodel the social structure under which they lived, and
make it conform to those of civilized society; when on the
contrary, efforts should have been made for its gradual
destruction, since it was one of the chief difficulties in the
path of true progression.
We will not here say that violent measures should have
been resorted to in order to effect this destruction. Never
try to reform by law or force that which ought to be changed
by custom, is a sound political maxim. The Indians should
have been allowed to retain their tribal institutions until
they could have been prevailed upon to make modifications
therein themselves or really to abolish them; but Govern-
ment should not have adopted a course of conduct tending
to influence them to hold fast to their organizations, which
it did by its recognition, and its transactions under the
treaty system. It should have ignored their claims as in-
dependent communities, and have placed them individually
as much as circumstances allowed, under its subjection.
This is no modern idea. It has been advocated by emi-
nent men of various times, and now, after a prolonged
experience of determined effort followed by constant
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INDIAN TREATY SYSTEM.
disappointment, appears to have an important meaning.
It is clearly expressed in Mr. Monroe's presidential message
of eighteen hundred and eighteen. He says, speaking of
the Indians: "To civilize them and even to prevent their
extinction, it seems to be indispensable that their inde-
pendence as communities should cease, and that the con-
trol of the United States over them should be complete
and undisputed. The hunter's state will then be more
easily abandoned and recourse will be had to the acquisition
and culture of land, and to other pursuits tending to dis-
solve the ties which cement them together as a savage com-
munity, and to give a new character to every individual."
The requisites of Indian civilization were and still are,
localization, mental and moral regeneration, and personal
responsibility to law.
Not until the first condition is established can substan-
tial success be attained. This is attended by radical
innovations in those pursuits by which the necessities of
life are acquired. It begets in time the desire for acquisi-
tion from which springs the incentive to labor and which.
is repugnant to community of interest. It develops the
individual and weakens the tribal influence. As soon as
permanent settlement is made the opportunity to impart
instruction by teaching and example arises. A change of
habits creates new modes of thought. In so far as the
customs of the white man are copied, just so far does his
instruction become practical. It will therefore be under-
stood and will assist to shape conduct. Agriculture ac-
companies and succeeds to pastoral pursuits. With com-
modities for disposal, attention is turned to trade, and the
subject of barter and exchange, as practiced in the civil-
ized world, is studied.
to
Anything that influences the Indian to fix his abode,
serves to wean him from his nomadic career, and opens
him a new channel for ideas; and although an evil in itself,
INDIAN TREATY SYSTEM.
177
it proves to him at least a temporary benefit. There was
truth in the old saying of the southern congressman :
"Give an Indian a slave and you make a man of him."
Not that the relation created had any elevating effect, but
because the negro bondsman cultivated the fields of his
master, compelled him to supervise his labor, and to dis-
pose of the products of the soil. Slavery, as it existed in
Oregon, degraded both bond and free, as would have been
the case among the Indian tribes of the Southern States,
had it not insured localization, increased agriculture, and
given rise to new processes of thought and reflection.
With settlement comes also the opportunity to enforce
law. In a country as extended as our own, in which the
tribes are permitted to wander at will over the untenanted
territory, it has been found impossible to execute the few
statutes which affect the person of the Indian. He is prac-
tically removed from responsibility by the protection which
the tribal organization furnishes. To it he can flee for
refuge, and although it has not any constituted authority,
either to shield or to surrender him, he can there find suf-
ficient unorganized force to enable him to elude justice.
This is as unfortunate for his race as it is for the Govern-
ment; for, while such a condition of affairs exists, the
night of barbarism is prolonged. The first glimmerings
of the dawn of perfect and lasting civilization appear in
obedience and self-imposed restraint. The savage, if left
to himself, rarely learns to practice these cardinal virtues.
Aid is required, and it must come from without his own
social sphere. It manifests itself in the forms of definite
and concise law, attended by the power to inflict sure and
speedy punishment. If obedience is demanded and exacted
the subject soon educates himself to curb his violent pas-
sions and to check his vicious tendencies. The rigid en-
forcement of a simple criminal code, which prohibited In-
dians from committing crimes against each other, as well
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8*
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INDIAN TREATY SYSTEM.
as against the whites, would more quickly place the red
man in the path of substantial improvement, than all the
instructors in arts, morals, and religion who have ever
visited him. The Romans fully comprehended the accu-
racy of this doctrine. They may have carried it too far in
practice. They may have resorted to tyranny, when
milder methods would have answered. Yet they laid the
foundation upon which has been built modern European
civilization.
The doctrine is accepted and acted upon by Great
Britain at the present day. It is frequently asked why
have not the eighty thousand Indians who inhabited her
territory in the North-west given trouble. Explanations
are as often ventured, to show why the peaceful policy of
the Canadian Government has proved so successful. We
are told that it results from honest administration. It is a
mistaken idea. Honest contractors, and conscientious
agents, with money and goods without limit, could not
correct the roving disposition of the native, nor elevate his
standard of morality. The full performance on the part
of the Government of every treaty stipulation ever entered
into, would not insure Indian advancement. To be sure,
integrity of conduct, practiced by the supervising race,
would have a certain influence, and would remove the
present causes of complaint, but it would not of itself work
substantial benefit.
The Indian will not easily receive permanent impres-
sions of a virtuous character. He is not in the plastic
state of childhood. His whole moral and mental system is
diseased. The tablet of his mind is covered all over with
heathen prejudices and cruel superstitions, and no space
remains upon which to inscribe the golden rule of duty.
The tablet must be cleansed before new impressions can be
made. Quiet example, or gentle persuasion, will not do
the work, while the temptations and allurements of un-
INDIAN TREATY SYSTEM.
179
checked tribal life continue. The latter prove stronger
than the temporary convictions produced by exemplary
conduct and argument.
Honest administration, by which is here meant the
faithful execution of all promises which the Government
has made, would not ameliorate the condition of the
native, if unrestrained by physical force, and permitted to
practice that license in which he is encouraged by pro-
pensity, superstition, and long-existing customs. The
commendable behavior of the native population of Great
Britain is not due, to any great extent, to upright dealing,
fidelity, or capacity, on the part of agents, but it may be
reasonably attributed to the fact, that every individual of
that population is a subject of the Empire, and is per-
sonally responsible for the violation of its laws. Should
he engage in murder or robbery, no sentimental plea of
deep cherished wrongs would be advanced in his defence,
to shield him from legal punishment. The sword of
justice would surely fall upon him, and he is fully con-
scious of it. Dread apprehension of merited retribution
deters from crime. It is more effective than gifts or
speech, and more appreciated than the greatest forbear-
ance. To this feature of Great Britain's Indian policy is
success with the undomesticated tribes mainly due. It is,
with that Government, the initiatory step, and is followed
by localization and incorporation. She does not force
back the native race into the wilderness, but settles, disci-
plines, and educates it, (although for education through
hired instructors little is done,) as speedily as the territory
over which it roams is needed for use or white occupancy.
The late Indian treaty system of the United States
seems to have been admirably suited to delay the estab-
lishment of the condition we have named, as requisite to
the attainment of civilization. It opposed definite settle-
ment within reasonable boundaries. By its recognition of
:
180
INDIAN TREATY SYSTEM.
the tribes as independent communities, it ignored indi-
vidual accountability for criminal action, in so far as the
safety of its citizens would permit, and gave immunity
from legal restraint. The remaining condition, mental
and moral advancement, would consequently be of slow
and tedious acquirement.
Look now a little farther into this subject. One might
possibly be convinced by a careful examination, that the
treaty system has not only delayed Indian improvement,
but that, in many respects, it has actually exerted a direct
injurious influence. We have said that it perpetuated the
tribal relation. It did more. It gave to that relation a
fictitious and pernicious importance, which strengthened a
feeling of independence from government control, and
nourished a spirit of vanity. The Indians could not ap-
preciate the benevolent, or rather munificent, measures
which invested them with the continual possession of the
territory over which they were accustomed to roam in
pursuit of food. They could not properly value the mod-
eration which accorded them the management of their
internal affairs. Such action they looked upon as conces-
sions which belonged to them of right, and which were
granted because of their consequence, and through fear of
incurring their displeasure. The treaty councils, wherein
United States commissioners sued for peace, and the repre-
sentatives of the tribes arrogantly declared terms, aptly
exhibited to view the false impressions the latter were
under regarding their correct status, and the power of the
Government to punish them for their conduct. Arrayed
in barbaric splendor, assuming to be rulers of vast domains,
they even demanded compensation for the water which the
white man drank from their lakes and rivers, insolently
denied the right of the Great Father to enter their country,
and exacted large sums of money upon their naked prom-
ises to cease from murdering American citizens.
INDIAN TREATY SYSTEM.
181
.
י
Is this great nation degrading itself in negotiating by
treaty with a few savages in the hope of controlling them
and promoting their welfare at the least expense, exclaim
the friends of the treaty system. We shall not attempt a
reply, but content ourselves by pronouncing the proceed-
ings a hollow mockery. We will say that it deceived and
injured the Indian, and that by creating within him an
erroneous sense of his importance increased crime on our
frontier.
It is impossible to purchase lasting peace of the barba
rian, unless he is placed in a situation where he is restrained
by a fear of righteous judgment. That appropriation of
half a million of dollars which was expended on the Fort
Peck Indians a few years ago, wonderfully developed a
consciousness of strength. The whole peace policy has
proved a failure, simply because it lacked the one great
essential element to make it successful. The hostile tribes,
flattered and subsisted, received the abundant stores of
goods which were sent to their reservations, and which
were intended to appeal to gratitude, as tribute or the
price of peace. No coercion was attempted. Indeed the
larger reservations were without system, regulation, or
government of any kind, with which to control the unedu-
cated, inharmonious and passionate population there col-
lected. A few instructors in written language and the
catechism, a few experts in the use of agricultural imple-
ments, were expected to employ the attention of this peo-
ple of leisure, maintained in indolence and insolence, and
by persuasion, encouragement and example, to thoroughly
revolutionize them in thought and pursuits.
The treaty system also produced an injurious effect
upon the tribes, because they were permitted and induced
to enter into stipulations which they had no intention of
regarding, which they knew from the nature of circum-
stances, could not be complied with on their part. They
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INDIAN TREATY SYSTEM.
promised, in order to obtain the consideration which gen-
erally preceded performance. Allusion has already been
made to the absurdity of certain provisions which many of
the treaty instruments contain, and it is not intended that
another reference shall now be made to them. We have
in mind those stipulations, which involve disagreeable
duties, or unpleasant action from the members of the tribes.
and which we consider impossible of execution, on account
of the weakness of tribal authority, and the utter absence
of any species of coercion over individuals.
What honesty of purpose could inspire a chief of a wild
tribe to enter into a contract, binding all heads of families
of his people to fix permanent residences, to cultivate land
in future, and to keep children of certain ages at schools?
He knows that his constituents will not plough ground,
nor plant extended fields in corn, as long as there is any
thing to hunt. He is fully aware that obedience is no part
of a child's instruction; that parental restraint ceases, or
at least will not be exercised, after the boy is able to draw
the bow, and that those heads of families not only do not
wish their sons to attend school, but could not force the
unwilling ones to do so. He may however entertain con-
fused ideas concerning the manual labor schools, which
are said to be intended, "for the education and training
of the youth, in letters, agriculture the mechanical arts,
and housewifery," and imagine that they may present some
irresistible attraction to the young, else he would be in
honor bound to reply to those asking for promises as did
the Iroquois chief to the Pennsylvania Commissioners in
seventeen hundred and fifty-four: "The Indians are not
inclined to give their children learning. Our customs
differ from yours."
Such and kindred stipulations which cannot be enforced
ought not to be entered into. The chiefs comprehended
and the commissioners should not be ignorant of the fact,
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INDIAN TREATY SYSTEM.
183
that the tribes will not and cannot fulfill them. They must
tend to destroy the moral force and binding effect of treat-
ies, bring the Government into disrepute, and encourage
the Indians in the commission of deeds of lawlessness.
But how, it might be asked, if tribal restraint and influ-
ence is so feeble, and the moral tone of the native is such
as has been represented, can reliance be placed upon the
fulfillment of treaty conditions of any nature? Probably
very little credit or importance is attached to the majority
of them. The action of the Government has generally
been experimental, and has not been attended with a
confidence that the opposite party would put forth strenu-
ous efforts to perform its part of the agreement. Still,
that confidence has in almost all cases been too strong.
Very few treaties have ever been regarded, except as to
those provisions which relinquished title to territory (and
which of course could not be evaded) unless the tribes
which entered into them occupied positions which rendered
continual government aid necessary to their existence or
preservation.
The cause of this repeated violation of faith is excused
by a large class of our citizens, on the ground that either
our own authorities do not observe the contract, and are
the first transgressors, or that our white inhabitants make
unwarranted encroachments upon the rights and commit
injuries upon the persons of the Indians. The extent to
which opinions are sometimes carried in this direction, is
sufficient to excite surprise. They are not of late origin,
but the extravagant expressions to which they have given
rise may be found in the written history of every genera-
tion of our people since settlements on the American
coast were permanently established. I turn back nearly
one hundred and seventy years and find the Governor of
Virginia saying: "The Indians never break with the
English without gross provocation from persons trading
!
184
INDIAN TREATY SYSTEM.
t
!
with them." The public press of the present day scatters.
from time to time the proclaimed opinions of those who
advocate certain pretended rights of the native, and seek
to cover his crimes with the mantle of charity. We have,
say they, never known the Indians to first break faith with
the white man. Disturbances are always caused by the
aggressions and dishonesty of the whites.
Why do not these gentlemen rather show us instances
in which the Indians have kept their faith when over-
whelming physical causes did not oblige them to do so;
or to present more convincing examples in proof of their
theory of Indian honor and fidelity to plighted word, why
do they not bring forward illustrations which would not
involve the policy and action of the white man? Let them
instance treaties to which the tribes are sole parties-
treaty agreements made by and between the tribes, and
with which the white man had nothing whatever to do.
They are of frequent occurrence, and we venture the re-
mark, that they never healed a long existing difficulty.
We have heard of great inter-tribal councils called for the
purpose of removing hereditary feuds, at which the calumet
was smoked, eternal friendship pledged, and magnificent
presents in ponies and goods exchanged; and we have
been informed that the old strife was almost immediately
resumed, and that the ponies presented in token of sincerity
of the sentiments expressed in the council were soon stolen
and captured, and placed in the possession of the original
In fact, we have witnessed the apparent honesty
of intention amounting to earnestness which characterizes
such assemblages, and have believed for the time but mis-
takenly that peace solemnized with so great ceremony
would be preserved.
owners.
Tribes which have been at enmity for a considerable
period of time, and which are not obliged for actual pre-
servation to unite their fortunes against a common foe,
INDIAN TREATY SYSTEM.
185
cannot of themselves effect a permanent reconciliation,
although one is sometimes merged in the other, after severe
chastisement. The reason is plain. Even if the chiefs
and principal soldiers who make the treaties are serious
and peaceably disposed, the members of the tribes cannot
be controlled. With them future welfare is of slight con-
sequence, compared with the gratification of the passions;
and by individual action they bring back the condition of
hostility. It is next to an impossibility to cure an internal
tribal feud. The parties to the quarrel are likely to sep-
arate, and thenceforth live apart, and at war with each
other.
Yet notwithstanding these proofs of inconstancy, a
numerous class of citizens discover in the conduct of the
whites, the only cause for Indian violation of treaty obliga-
tions. Such explanations furnish too sad a commentary
upon the boasted civilization which that same class is en-
deavoring to induce the natives to accept, and they should
not be taken without qualification, unless it can be made
to appear that the Indians are as Columbus is reported to
have found them: "A race of men whose minds, far
from being wedded to any system of idolatry, were pre-
pared, by their extreme simplicity, for the reception of
pure and uncorrupted doctrine."
Every fair minded person will confess that there have
been occasions when wanton, ill treatment by the whites has
suddenly put an end to a languishing peace; that the fre-
quent applications made by our authorities to change pro-
visions of treaties which the Indians had been instructed
should be forever undisturbed, have quickened and given
direction to a natural unrest. But the assertion that the
savage butcheries and fiendish atrocities which have been
committed on the border citizens, are due to any consider-
able extent to the crimes of the white man or his Govern-
ment, is based upon an assumption which history and ex-
186
INDIAN TREATY SYSTEM.
}
perience will not sustain, viz: that the native is by dis-
position mild and tractable, and by nature sincere and
faithful.
Perhaps a clearer idea of the effect of the treaty system
upon our Indian population might be conveyed, should a
practical exposition of its workings be attempted. Some
tribe from among those which have been from the first
under its influence, might be selected as an example, to
make more intelligible the views which have been advanced.
Let us go to the Indian territory, where, according to an
official report made in eighteen hundred and seventy-two,
“the partially civilized tribes, numbering about fifty thou-
sand souls, have, in proportion to population, more schools
and with a larger average attendance, more churches,
church members, and ministers, and spend far more of
their money for education, than the people of any territory
of the United States," and where, as the same report in-
forms us, "life and property are more safe, and there are
fewer violations of the law," than in the regularly organ-
ized territories. Let us make selection of the Cherokee
nation, which is acknowledged to be the most influential
and most enlightened tribe of that section, and to which
the believers in the ability of the Indian to speedily acquire
our civilization, and the supporters of the treaty system,
are accustomed to turn for encouragement and consola-
tion.
For evidence as to its condition in culture and wealth,
we will confine our search for the present to official statis-
tics, which undoubtedly present facts in their most favora-
ble colors. The tabular statements, prepared by the late
Commissioner of Indian Affairs, show that the Cherokee
nation numbers eighteen thousand six hundred and
seventy-two souls; that they owned, until recently, eleven
millions of acres of land, and that they now hold a reser-
vation of five millions; that they have seven thousand
INDIAN TREATY SYSTEM.
187
acres under cultivation, and possess four hundred and six-
teen thousand head of stock; that the eighteen thousand
six hundred and seventy-two inhabitants have, strange to
say, that exact number of dwelling-houses, also have
seventy-four school buildings, and thirty church edifices;
that the average attendance of scholars for the year eigh-
teen hundred and seventy-six, was fifteen hundred and
twenty-five; that there are seven thousand church mem-
bers, and twelve thousand persons who are able to read;
that the stocks, bonds, and funds, which are held in trust
by the United States, amount to two millions six hundred
thousand dollars, and that the annual interest on the same,
which is paid regularly, is more than one hundred and
forty thousand dollars.
It appears from the report of the agent, that this
nation inhabits a very fertile section of country; that its
people live in stone, brick, and log houses (in which can
be seen the sewing-machine and piano) with surrounding
grounds "adorned by ornamental trees, shrubbery, flowers,
and nearly every improvement, including orchards and
choice fruits;” that they sustain a newspaper ably edited
by native Cherokees; that they have a constitutional gov-
ernment, with legislative, judicial, and executive depart-
ments; that they own public buildings worth two hundred
and sixty-one thousand dollars; that "among their citi-
zens are men noted for their talents and learning;" that
their government "is conducted with marked ability and
dignity," and that although "it has been but a few years.
since the Cherokees assembled in council under trees, or in
a hewed log house, with hewed logs for seats, now the
legislature assembles in a spacious brick council house,
provided with suitable committee rooms, senate chamber,
representative hall, library and executive offices, which
cost in erecting the sum of twenty-two thousand dollars."
Surely this people seem to be superior, in many respects,
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INDIAN TREATY SYSTEM.
to the whites living within the organized territories, and
may be favorably compared with the inhabitants of any
county, in our most wealthy and populous States. A
hasty computation would show the value of their real and
personal property to be from sixteen to twenty millions
of dollars,—one thousand dollars to each man, woman,
and child. It is doubtful if many communities can boast
of greater riches. They exceed those of the people of
New York, and are greater by one-half than those of the
people of the United States.
The Cherokees also manifest a greater regard for reli-
gion than white communities, if the reported number of
church-members are properly impressed with Christian
doctrine. They expend larger sums upon education, in
proportion to their population, than any State in the
Union. The current expenses of the common school
system in some of the Eastern States, is less than four
dollars per scholar. In the South, they average from five
to ten dollars, and in California they are sixteen dollars,
while among the Cherokees they have been thirty-five
dollars per scholar.
The attendance among the latter is small, however, for
the ratio of scholars to the population is as one to twelve;
whereas in the entire country, it is as one to six. Yet the
reports show, that the number of their people able to read
is greater in proportion to their strength than the number
of those of the same ability in the entire United States,
where there are four and one-half millions of inhabitants
more than ten years of age, who can neither read nor
write.
The figures and extracts which have been produced
from official statistics indicate that the Cherokee nation is
rapidly progressing in cultivation, and that it has already
secured a high degree of civilization. But let us examine
more carefully into its actual condition, and ascertain if
1
INDIAN TREATY SYSTEM.
189
possible by what means, through what processes, and in
what period of time it has been reached. That population
of eighteen thousand is made up of eight thousand full
and ten thousand mixed bloods. Some of the native Chero-
kees have the blue eyes and light hair of the Saxon, and
in many the lineaments of the European predominate. In
two centuries the nation has lost one-quarter of its Indian
stock, which has been absorbed by the white and negro
races, and if past relations continue, another two hundred
years will nearly efface the distinguishing features of its
progenitors.
The effect of this infusion of white blood is mental as
well as physical. It has been said, that "the union of the
Englishman and the Hindoo produces something not only
between races but between moralities." Whatever may be
thought of the union of races on this continent, it is true,
that the offspring inherits, to a certain extent, the mental,
moral and religious peculiarities of either parent. With
him, consistent action is rather due to legal restraint than
conscientious motive, and he seldom becomes a good citizen
making his conduct subservient to a regard for social order.
He is often strongly imbued with the traditional supersti-
tions, the sentiments and passions of the pure Indian, and
with the same quality of restlessness and a dislike for labor.
The leaven of blood therefore which has been introduced
into the Cherokee nation, has only measurably conditioned
individual habits and social life. It has modified national
character, but its influence in the past has not been suffi-
cient to bring about any very marked transformations.
The advancement then may be considered that of the Indian
race, assisted and stayed we might say by its partially white
representatives.
The extent of the Cherokee civilization, as compared
with our own, cannot be determined by computing the
number of persons who are able to read, and who attend
190
INDIAN TREATY SYSTEM.
churches, nor by an estimate of the wealth of the inhabi-
tants, which has been given to and preserved for them.
Nor is it shown by the faithfulness with which our laws
and institutions have been copied. It should be judged
from the uses the people make of the advantages placed in
their possession, and from the manner in which the laws
are obeyed and executed.
The reservation occupied by this tribe, consisting of five
millions of acres of land, cannot be surpassed. Delightful
climate, remarkable fertility of soil, and central location,
render it the most desirable section of country within the
United States for the pioneer and immigrant. Yet the
tribe only cultivates seven thousand acres, and the crops
raised might be grown on a less quantity. Even as light
as agricultural labors are, the work is largely performed by
white individuals. Fifteen hundred whites lawfully reside
upon the reservation, whom the Cherokee farmers are
obliged to employ in order to secure a crop.
·
What the United States Indian Agent remarks of the
Choctaws and Chickasaws, is partly true of the Cherokees,
although the latter employ far less white labor, and culti-
vate much less soil than the former. He says: "A great
many white people are scattered among these two nations,
either hired by the Indians as laborers, or renters of Indian
farms; and where the right kind of white men, of temper-
ate and industrious habits are, there will be seen the pros-
perous Indian farm." The remark needs no comment.
It plainly conveys the truth of Indian inferiority or indo-
lence.
Many of the native inhabitants are educated. College
bred men are found among them, but they make little
practical use of their acquirements. They are content
oftentimes to pursue their studies in filthy cabins. The
schools are maintained at the expense of the United States
Government; or as this assertion might be disputed, we
INDIAN TREATY SYSTEM.
191
will say, by the interest on moneys promised the tribe under
treaty stipulations, which it receives each year, and which
cannot be expended for any other purpose. Notwithstand-
ing the large amount paid out, there results a yearly sur-
plus which is consumed in the erection of costly buildings.
.In fine, the native Cherokee is provided with land in abund-
ance, with educational and religious advantages, with a
government, and all the needed institutions, of society,
from the returns of the money held in trust by the United
States. He receives all the public benefits of well organ-
ized communities, in so far as the same can be conferred,
without taxation or expenditure of any kind, and can de-
vote his entire property and the earnings of his labors, to
his personal comfort.
Well may the Board of Indian Commissioners of eigh-
teen hundred and seventy-two exclaim, that the tribe has
more schools, more churches, and spends far more of its
own money for education, than the people of any territory,
provided it shows the source from which this money comes,
and the impossibility of using it for other objects. But
from another portion of that report which asserts that life
and property are more safe, and violations of the law less
frequent, than in the territories, we must dissent. We
could only credit that statement on the supposition, that
the Board had in mind, when making its comparison, all
the inhabitants of the territories, both white and Indian.
It must have reached this conclusion either by guess, or
after the judicial records had been consulted. Had it
pursued the latter course to its fullest extent, it might have
discovered, that crimes among the most virtuous commu-
nities of the States were enormous, as compared with the
offences of the Cherokee nation; for with the former, law
is executed in letter and spirit, while among the latter it is
neither obeyed nor enforced. At the time this report was
submitted, murders and assassinations were of frequent
192
INDIAN TREATY SYSTEM.
S
occurrence. Internal feuds, some of which had existed sev-
enty years, kept the passions of the people inflamed. In
the words of one of the citizens of that tribe: "The law
is no more to be relied on here, than it would be among
the Comanches. There is no more perfect despotism, as
regards the expression of opinion, on earth, than exists now
among the Cherokees."
Matters have not greatly improved. The public press
refers at short intervals to the unsettled condition of affairs
in that section, and recounts the commission of outrages.
The law is too feebly administered to make secure person
or property, and desperadoes seldom receive the demands
of justice. Take away the strong arm of the General Gov-
ernment, and social disorder would be certain to result.
The few enterprising, liberal minded, and industrious citi-
zens who encourage order and progress, could not with-
stand that larger class which is controlled by passion and
prejudice, and blinded by ignorance and superstition. The
civilization of the Cherokees, regarded as a body or in mass,
is of a low order. It is a foreign tree which has not yet
taken deep root, and which will require long protracted
attention to make it flourish in the soil in which it has
been planted.
The reports which have so glowingly depicted the con-
dition of this tribe, convey an impression that its advance-
ment has been accomplished within a few years, under the
Government's fostering care. The Indian Department
presents it as a result of the wise and philanthropic policy
which it has pursued. A brief review of the history of the
Cherokees will enable us to point out at least, the long
and sinuous path which has been trodden, from barbar-
ism to semi-civilization. The journey has consumed cen-
turies, and the blood and treasure of the white race has
been lavishly expended, to accelerate the tardy move-
ments.
INDIAN TREATY SYSTEM.
193
They had been in constant communication with the
whites more than one hundred years before the existence
of the United States Government, and had copied more
generally from the European than any other tribe on the
Continent. We find them in war with the colonies long
before Carolina became a royal province, and afterwards
engaged in the English interest against the French. As
early as seventeen hundred and fifty, they dwelt, it is said,
in comfortable houses which were surrounded by cultivated
fields. During our revolutionary war, when the American
troops ravaged their country, one thousand of their houses,
and fifty thousand bushels of their grain were destroyed
by a single expedition, and as many of their goods were
taken as sold for one hundred thousand dollars. The
treaty of Hopewell, executed in seventeen hundred and
eighty-five, granted them a delegate in Congress, and de-
scribed by metes and bounds the territory which was as-
signed to them. Four succeeding treaties of the last cen-
tury purchased of them land, at a cost of about forty thou-
sand dollars, and at the commencement of the present
century, we find them in possession of nineteen millions of
acres, or four times as much land as is contained within
the boundaries of Massachusetts. Machinery and grist
mills were appearing among them. They were quite
largely engaged in farming, and were availing themselves.
of slave labor. Eight years later, they represented to the
President, that they were divided in councils; part wished
to secure western hunting grounds, and part wished to
remain in the east and cultivate the soil; and we find the
President engaged in correspondence with them, advising
the adoption of a republican form of government, and ex-
plaining the necessary steps to be taken. In eighteen
hundred and twenty-seven, their population had increased
from twelve to thirteen and one-half thousand, they had
formed for themselves "a constitution on republican prin-
9
194
INDIAN TREATY SYSTEM.
1
啻
​ciples," they lived in good comfortable houses, cultivated
large farms, owned twelve hundred and seventy-seven
negro slaves, and had five hundred children in school-
nearly one-half of the entire number of children of all the
Indian tribes then attending school. By periodical sales
of land, they had received large sums of money, and before
the treaty of eighteen hundred and thirty-five was entered
into, they had a school fund of fifty thousand dollars, which
the United States preserved for them. At the last mentioned
date, the land which they still held amounted to nine and
one-half millions of acres, which they sold for six millions
seven hundred and sixty thousand dollars, and thirteen
and one-half millions of acres of land in the Indian terri-
tory, whither they all removed, excepting the remnant
which remained in North Carolina.
The civil expenditure of the Government on their
account up to the present time, has probably equaled
twenty-five millions of money; and the amount paid out
to punish them, and to preserve peace through the pres-
ence of a military force, if added, would double that sum.
So that every representative of that tribe, man, woman,
and child, white, black, copper-colored, and mixed, has
cost the United States about twenty-five hundred dollars,
and they are numerically stronger to-day than ever before.
Should then the advocates of the old treaty system,
who cite the Cherokees in illustration of their theory, that
our native population will speedily accept civilization
under mild and persuasive teachings; and that proceedings
under the past policy were best adapted to accomplish the
great end desired, properly present them in their actual
condition, and exhibit the expenditure of Government on
their account, they might be able to show with a fair de-
gree of plausibility, that all of our Indian tribes could be
elevated to the same civilized plane at a cost of five or six
hundred millions of dollars. But no, a second thought
INDIAN TREATY SYSTEM.
195
#
convinces us that they could not even do that; for it must
be remembered, that the advancement of the Cherokees
did not commence within recent years, but long before
they began to receive the benefits of the United States
treaty system. They were more enlightened a century ago
than the wild tribes now are, and therefore an additional
sum must be taken into the reckoning, which could not be
very well expressed in figures.
The mistaken policy of the Government, in conferring
upon the Cherokees, who had been hostile to the United
States interest during the revolutionary struggle, national
prerogatives, and a large extent of territory, was a direct
blow to their progress, as well as an extravagant public
measure. Had it terminated hostilities on their part, it
might have appeared more reasonable; but the spirit of
opposition was not quieted until they had been made to
feel the power of the force which they had attempted to
oppose, and had become aware of their inability to cope
with it. They then slowly improved in spite of the sys-
tem which was adopted to control them. Individual pro-
gress was made, notwithstanding the tribal relation—which
swallowed up personal acquisition in a common appropria-
tion and destroyed individual responsibility-was encour-
aged, and in fact made necessary, since it was the only
medium of intercourse. Deluded into the belief that they
constituted an independent nation, falsely conscious that
they could not be held responsible for their conduct, ad-
vised and persuaded to imitate our own institutions, politi-
cal and domestic, they have been groping along in the
darkness of superstitious ignorance, and have vainly en-
deavored, with much outside assistance, to assimilate their
tribal organization to our own Government, while at the
same time, they have continued to live under the customs
which it upheld and perpetuated. Would it have cost
more money to have given them correct impressions at the
:
.
196
INDIAN TREATY SYSTEM.
*
༔
outset ? Would it not have hastened their advancement?
My own impression is, that had they been located within a
small and fertile section of country, easily accessible, and
placed under a few simple regulations directly applicable
to the person, merely as a preparatory measure to the final
extension over them of our entire criminal code; that had
a kind but firm policy been adopted, calculated to ignore
as much as possible community of interest, to encourage
labor, and to protect individual rights, that we should now
have among us as the descendants of the Cherokee tribe,
instead of a troublesome nation, a body of useful and in-
dustrious citizens.
Why attempt to improve a tribal structure, which is
but the outward manifestation of a barbarous condition of
a people? Why attempt mediate action through an irre-
sponsible agency, in order to reach the person? A truth
seems to have been forgotten, viz:-that society is exactly
what the individuals of which it is composed make it, and
that it cannot be elevated until a change is effected in its
elements. Tribal improvement means nothing more nor
less than progress among the members who constitute the
tribe. The speediest reform can be attained by bringing
outside influences and forces to bear directly upon the in-
dividual. The practical question is this: What are the
primary wants of the Indian in order to advance him and
fit him for citizenship? and not, how can tribal organiza-
tions be improved. He requires that which cannot be dis-
pensed with, even in the case of civilized humanity,-active
law with speedy physical punishments, administered with
justice and moderation. He needs a stable rule of action
to restrain him from committing injuries on the rights and
property of others, and should be punished and coerced
until he submits to be guided by that rule. The germ of
civilization is obedience to law. Implant that in the sav-
+
!
INDIAN TREATY SYSTEM.
197
age breast, and the beginning of a better state is positively
secured.
Government has finally learned the necessity of localiz-
ing the tribes, in order to advance their condition, but the
more necessary measure of enforced repression does not
seem to be appreciated. Should a tribe to-day break into
rebellion, the ministers of peace would be sent out to pur-
chase submission. There is danger now that the Sioux
nation may be paid or hired to settle down under its mere
promise to desist from robbery and murder. Far better
would it be for its ultimate welfare, should hostilities con-
tinue until it is obliged to beg for mercy, and seek pardon
through prayerful intercessions, even though it be at the
expense of all its possessions and a large fraction of its
numbers. A misconceived spirit of utility and philan-
thropy would stay the hand engaged in teaching it the
rudimentary lesson of modern civilization, and which must
soon be again uplifted unless indelibly fixed upon this oc-
casion.
#
4
CHAPTER VI.
REPORTED CORRUPTION IN THE INDIAN
BUREAU.
•
THE period of bitter popular criticism of the action of
the Indian Bureau has again returned. As has generally
been the case, it follows some hopeful effort at reform, or a
pretended determined test of some particular feature of
Government policy.
The early trials at enlightenment and trade proved
ineffectual. The colonization measure with its attempted
seclusion of race was added to the programme and still
success was not attained. The transfer of the Indian
Bureau to a peace department, and the substitution of
the olive branch for the emblems of force, did not bring
promised results. The practice of furnishing subsistence
was adopted, and yet this ungrateful people would not
appreciate the efforts put forth for its preservation.
Education, Christianity, and commerce were freely offered
to the tribes in all the variable positions which they passed
through. So sparingly have they been accepted, that two
opinions upon the possibility of Indian advancement have
been reached. One, that the Indian is incapable of civili-
zation, and the other, that the responsibility for a failure to
civilize him rests upon the Government.
Those administrations which have professed a marked
concern for the welfare of the native race, and especially
those which have undertaken experiments in management,
have been so confident in their assurances of a speedy
triumph, that popular belief has been deluded into an
THE INDIAN BUREAU.
199
expectation of the final realization of a long deferred hope.
But after a few years of expensive delusion, anticipations
have been blighted and former convictions have been
again embraced. Never were people more despondent.
than during a brief period prior to the inauguration of the
so called peace policy. Successive experimental methods
had miserably failed. The party which retained faith in
the capacity of the Indian to accept our practical civiliza-
tion, savagely arraigned the past policy of the country and
the inefficient operations of the Indian Bureau. The
commission, appointed in eighteen hundred and sixty-
nine to coöperate with the Administration in the manage-
ment of Indian affairs, fully expressed the views of the
enlightened majority of citizens in a report which was that
year submitted. That commission said: "The history of
the Government connections with the Indians is a shame-
ful record of broken treaties and unfulfilled promises.
The history of the border white man's connections with
the Indians is a sickening record of murder, outrage,
robbery and wrong committed by the former as the rule,
and occasional savage outbreaks and unspeakable barbar-
ous deeds of retaliation by the latter, as the exception."
We quote at length from another portion of this report, as
the impediments supposed to have retarded the advance-
ment of the tribes are tersely mentioned.
Paradoxical as it may seem, the white man has been the
chief obstacle in the way of Indian civilization. The
benevolent measures attempted by the Government for
their advancement have been almost uniformly thwarted
by the agencies employed to carry them out. The soldiers
sent for their protection too often carried demoralization
and disease into their midst. The agent appointed to be
their friend and counsellor, business manager and the al-
moner of the Government bounties, frequently went among
them only to enrich himself in the shortest possible time
1
200
THE INDIAN BUREAU.
at the cost of the Indians, and spend the largest available
sums of the Government money with the least ostensible
beneficial results. The general interest of the trader
was opposed to their enlightenment as tending to lessen
his profits. Any increase of intelligence would render
them less liable to his impositions, and if occupied in agri-
cultural pursuits their product of furs would be propor-
tionally decreased. The contractors' and transporters' in-
terests were opposed to it, for the reason that the produc-
tion of agricultural products on the spot would necessarily
cut off their profits in furnishing army supplies. The in-
terpreter knew that if they were taught, his occupation
would be gone. The more submissive and patient the
tribe, the greater the number of outlaws infesting their
vicinity; and all these were the missionaries teaching them
the most degrading vices of which humanity is capable.
If in spite of these obstacles a tribe made some progress in
agriculture, or their lands became valuable from any cause,
the process of civilization was summarily ended by driving
them away from their homes with fire and sword to undergo
similar experiences in some new locality."
This is almost the language of invective. Never had
Indian management been more scathingly denounced.
The commission had reviewed past operations, and met to
fix upon and recommend a new system of control. In its
opinion all public measures which had been adopted had
tended to demoralize the Indians instead of making them
better, simply because they were wickedly executed. It
concluded that the custom of meeting the tribes as inde-
pendent nations was unwise, and proposed that the treaty
farce be discontinued, although it substituted the tribal
contract with the Government, which in so far as the In-
dians were concerned was nearly as detrimental to their
interests as the treaty proceedings, since it insured a con-
tinuance of tribal organizations. The remaining recom-
THE INDIAN BUREAU.
201
mendations contained nothing novel, except the proposition
to establish a judicial tribunal in the Indian territory, and
the taxation of "civilized tribes," which existing treaties
forbade, and the transfer of such of those branches of edu-
cation as are necessarily acquired through the medium of
schools and churches, to the religious denominations of the
country. Colonization and exclusion were to be carried to
the utmost limit. The most determined efforts were to be
made to induce the Indians to turn their attention to ag-
riculture, at least in so far as persuasion and material aid.
could accomplish it. Education and religious instruction
were to be pursued with energy, and the Indian service was
to be thoroughly purified.
In
Management under this union of church and State was
commenced. Men well grounded in Christian doctrine and
of marked piety were selected to superintend and conduct
affairs, from the distinguished commissioner to the lowly
agency farmer. The country poured out its treasures with
a lavish hand, that the auspicious season of reform might
be attended with full advantages, and that the disinterested
labor might be prosecuted to a glorious consummation.
the words of the report from which we have quoted, the
Government seemed determined "to protect the Indians,
to educate them in industry, the arts of civilization and the
principles of Christianity, elevate them to the rights of citi-
zenship and to sustain and clothe them until they could
support themselves." After a trial of eight years, and an
expenditure of over fifty millions of dollars, the Indian
seems as far removed from the desired condition of im-
provement as formerly. The people again cry out against
the faithless policy of the Government, and the fraudulent
transactions of those engaged in the application of its
measures.
An arraignment of the Indian Bureau on account of
the looseness with which it has conducted business, and the
9*
ו
I
202
THE INDIAN BUREAU.
!
disregard it has manifested for the integrity of its agents
and factors, might strike a responsive sentiment in the
popular mind. But whatever sins we might be able to dis-
cover, we could not advocate the opinion so widely preva-
lent, that Indian advancement has been materially checked
thereby. Much less could we agree to that still more ultra
belief, that our Indians have been rendered more depraved
either in actions or intention by the frauds which have been
practiced upon them. In their native state they did not
have sufficient virtue to allow evil example to injure them.
They were not susceptible to demoralization. The society
of the whites, even of dishonest and immoral whites, made
them better. The crimes of contractors, of reservation
agents and employés, have not plunged them any deeper
into the mire of besotted ignorance. In fact, all the reser-
vation Indians have gradually improved, notwithstanding
all good and law-abiding citizens have been excluded.
They have been slowly acquiring an intelligence which
manifests itself in a perceptible progress in their modes of
life. They might have occupied a still higher plane, had
they been constantly under the supervision of saintly men,
who had daily pressed them with wholesome instruction
and advice, distributed to them all the charities of Govern-
ment and given to them dollar for dollar in trade. We say
that they might have improved faster under such condi-
tions, for we are not sure but that a persistent course of
argument and persuasion, would have been crowned with
partial success, although it is by no means probable, that
they would have voluntarily practiced to any extent the
teachings received. Still the force of an ever present vir-
tuous example, would undoubtedly produce some degree of
good. As for Government bounties and honest exchanges
in trade, independent of the commendable influence exerted,
it would make little difference whether the Indian received
much or little. It mattered not, as far as their future wel-
THE INDIAN BUREAU.
203
fare was concerned, whether the provisions and clothing
purchased for them were reduced in quantity by the action
of the agent and contractor, whether their numbers were
greatly over-estimated when requisitions for supplies were
made, and amounts in excess of actual needs were subse-
quently stolen, or whether they received a great or small
price for the robes and peltries sold to their traders. Large
receipts and returns rather encouraged indolence. They
did not tend to increase the agricultural field, and they
made the labors of the chase less necessary.
But if the dishonest practices of the contractors and em-
ployés of the Indian Department have not demoralized the
native race, they have exerted a most corrupting influence
upon the public service generally. The expert application
of the principles of casuistry, which agents and contractors
have been enabled to make, the frauds which have become
deep rooted because legalized by sanctioned custom, have
continued to debauch those who do business with the In-
dian Bureau, and has sadly affected public morals through-
out a large section of the country. The tendency has been
from bad to worse, and the strenuous efforts put forth to
purify the service, have not even arrested unlawful trans-
actions.
The would-be reformers attribute their failure to vari-
ous causes. They seem to lose sight of the fact, that the
nature of Indian management and the circumstances which
have attended it, have been calculated to produce corrupt
action. The Government policy was created in deceit.
The recognition of the tribes as nations was an artifice.
Negotiations with them have been conducted with a ficti-
tious dignity, and many stipulations indicate that our com-
missioners resorted to finesse and skillful manipulation.
The most stupid white men of the West, who have practical
knowledge of the Indians, detect the falsehood which has
been practiced and ridicule its absurdity. What wonder
1
204
THE INDIAN BUREAU.
7
:
then, that those more gifted should be tempted by the spirit
of deception, and be inclined, when opportunity offers, to
avail themselves of advantages under their control. A policy
founded in deceit, although with laudable intentions, would
naturally shed an unhappy influence over those engaged to
carry it out.
There are several other and much more
cogent reasons, which might be assigned in attempting to
account for fraudulent practices in the Indian service. The
business of the Bureau, as indeed business in all the De-
partments of Government, is carried on through circuitous
channels. Transactions begin with the agents and are
completed under their supervision. They report the nu-
merical strength, condition and necessities of their tribes,
which outside of the treaty stipulations govern appropria-
tions. They receive and distribute the supplies which are
purchased in the large markets, and transported under
contract to the agencies. They disburse or witness the
payment of money annuities to the treaty Indians. An
efficient agent would not only look after those matters
which come directly under his observation, but would in-
form himself of the exact amount of the yearly appropria-
tion intended for his own particular tribe, would know the
cost of supplies at the places of purchase, and the actual ex-
pense attending transportation. He would carefully verify
all stores received, estimate their probable value and attend
to their distribution or preservation. He would, by fol-
lowing such a course of conduct, allow but slight opportu-
nity for peculation to the middle men, or to those who
stand between him and the head of his bureau in business
relations. With honest, zealous and capable agents, the
Indian service, even as now constituted, might be purified;
but reform is impossible as long as they are roguish or in-
competent. They are responsible in a certain sense for
nearly all the iniquity which has been perpetrated, even if
innocent of the sin of commission, since they might have
THE INDIAN BUREAU.
205
:
discovered and reported it, and have been the instruments
in bringing the guilty to punishment.
The difficulty in securing an upright and well qualified
class of agents would not appear to be very great, but it
has proved insurmountable. It requires marked ability
of a practical nature, to control efficiently a large Indian
agency. The responsible person of a well peopled reserva-
tion, should also possess in a high degree the Christian vir-
tues of patience under repeated failures, and hope under bit-
ter disappointments. Character and intelligence combined
have a high market value, and the Government endeavors
to obtain them at the moderate sum of fifteen hundred
dollars per year. This is impossible unless men endowed
with those qualifications can be secured, who are willing to
sacrifice their personal comforts and private interests for
the public good. The churches inspected their flocks to find
such men for appointment, but honesty was unaccompanied
by capacity, and when competency was acquired, integrity
was too often wanting. Many, who had previously sus-
tained excellent reputations, were charged with the grossest
frauds and were allowed to retire from the Indian country.
Some who were in straightened circumstances when they
undertook the management of an agency, now compute
their wealth with very expressive figures.
Let no one smile at these exhibitions of weakness and
corruption. It is more surprising that a few of the recently
appointed agents have resolutely performed their duties
than that a large share have betrayed their trust. We do
not advocate the rejected doctrine of a former age, that
the moral sentiment is begotten and lives in utility. We
believe in the continued and wide-spread existence of
vicarious suffering, and think that self-imposed restraint is
frequently due to the mere love of truth and right. But
we also believe that professed morality is as often the con-
sequence of public opinion as of individual conscience.
206
THE INDIAN BUREAU.
Faultless conduct on the part of the Indian agent is not
incited by a surrounding social impulse. He is not in-
spired by the healthy moral atmosphere which pervades a
civilized Christian community. Far removed from those
hitherto attendant influences which have assisted to sup-
port and stay him in other pursuits of life, constantly
mingling of necessity with the squalid natives who prac-
tice every form of vice, he is dependent on conscience only
for guidance. If his moral perceptions are not clear and
positive, in fine, if he is not a law unto himself, his steps are
certain to deviate from the straight and narrow path of
rectitude. The evils which beset him give him unceasing
battles. He daily passes through temptation in the wilder-
ness. Unless thoroughly governed by philanthropic or mis-
sionary motives, he is apt to turn from the pittance allowed
him as compensation and which would barely support him
at a far off agency, to be reached only over long routes of
travel, and endeavor to ascertain the emoluments belonging
to his office. Here he generally strikes the rock which
wrecks him. His initiatory schemes to improve his pecu-
niary condition in a way which shall neither defraud
Government nor wrong his wards, are worked out with
marvelous dexterity, and carefully measured by the rules
of a persuaded conscience. Instructors in a very pliant
code of ethics attend him in the persons of contractors and
assistants-all of whom are interested in his decisions, and
soon under the circumstances moral convictions cease to
impede the celerity of his mental processes. When an
agent embraces the error that emoluments attach to his
position, and considers them as a portion of the compensa-
tion to which he is entitled, the chances are that he will
descend from moral wrong to positively criminal proceed-
ings. As long as he maintains and is governed by the
correct opinion that private gain cannot be acquired
through official transactions; that the Government is en-
THE INDIAN BUREAU.
207
+
titled to all the benefits of his business operations; that he
is honorably bound to exert himself for the good of the
service in which he has engaged and for the welfare of the
tribe placed under his superintendence; that the word emol-
ument as applied to his situation is but an agreeable name
for plunder or unlawful exactions, he stands secure against
all solicitations and assaults.
There is another class of agents who enter the Indian
service without fixed determinations to honestly perform
their duties, but really for the purpose of enriching them-
selves. Given appointments in consideration it may be of
labor performed in the interest of political parties, or possi-
bly at the instance of influential friends, they seem to put off
and securely pack away at their homes their moral and re-
ligious convictions, with the intention of returning and
again assuming them when they shall have accumulated
fortunes. They seek to commit and conceal crime if by
so doing they can acquire money. The avenues of fraud
open to them are many, and are so loosely guarded that
they can be traveled without much fear of detection.
Both the Government and the Indians are at the mercy of
these men.
The former has no effective system by which
their offences can be brought to light, and the latter are too
ignorant to understand the meaning of their dubious prac-
tices. They can choose either of the two to proceed against,
or can operate upon both at one and the same time. As a
question depending only for its determination upon the
material interests of the two parties, the tribe offers the
best point of attack, since its losses would not be of serious
importance, while the Government must replace all amounts
stolen. If the agents, through a wrongful enumeration,
receive for distribution more stores than are allowed the
Indians under existing regulations, and appropriate the
excess to their own use, or convert it into money for their
own benefit; if they base profitable private bargains upon
208
THE INDIAN BUREAU.
official agreements, either in the award or fulfillment of
public contracts, they draw from the substantial wealth of
the United States, because they take from the treasury
that which must be replaced by taxation. But the ma-
jority of Indian supplies are intended for consumption.
They are eaten or worn out and yield no resulting profit.
It is a matter of little moment to the tribes whether or not
they are cut short upon their promised subsistence in case
they dwell in a region abounding in wild meat, nor whether
they receive few or many blankets if robes can be easily
obtained by them.
The experienced agents take this view of the subject.
They perceive that the food and raiment furnished, are
not used to sustain labor, nor expended in production; that
they do not assist to fix upon the tribes more civilized
habits. Their crimes then in keeping back parts of those
classes of annuities or presents, do not present themselves
in their real magnitude. They are also conscious that
money payments to Indians, especially to those undomiciled,
and the teachers, mechanics, farmers and laborers employed
for their instruction, in accordance with treaty stipula-
tions, are of slight advantage in promoting permanent im-
provement. If then they can by a skillful rendition of ac-
counts make forced vouchers support asserted disburse-
ments; if they can by carefully prepared rolls of mythical
employés, or of persons actually serving but at a less rate
of monthly compensation than that reported and allowed
by the Government; if they can by such or similar falsifica-
tions enrich their pockets, they are not in their judgments
guilty of great enormities, as they have not inflicted serious
injury upon third parties.
He who attempts to soothe his conscience by reflections
of this nature, has made considerable progress down the
slippery inclined plane which terminates in moral depravity.
He would be willing to confess that by solemn contract
THE INDIAN BUREAU.
209
:
with the Government, the Indians were entitled to the
money and goods he had appropriated, but his argument
runs in this wise: " They would not do the Indians any
good, and I might as well have them as to see then thrown
away. I have not stolen from Government, but have merely
saved that which the Indians would have wasted."
It would seem that the conscience which could be
quieted by this fallacious reasoning, too thin even to be
termed sophistry, had lost all power of reproof; but words
of like import are sometimes heard in palliation of offences.
Could we discover the questions which engage the mind
of its possessor they would probably resemble these: "Can
I hope to conceal my action? Can I do this thing and
escape punishment if detected ?" Such an individual has
passed, if indeed he has not always been in advance of, that
period of hesitancy when inquiries are made after this
manner : "Can I honestly give this contract to my friend
who engages to fill it at the figures of the lowest bidder,
and to liberally reward me if I will befriend him upon
this occasion? I have complied with the strict letter of
the law. I have advertised for proposals. I have secured a
fair competition. Neither the Government nor the Indians.
will experience loss if I accept the offer, and I shall be
materially benefited thereby." He has passed, we say,
beyond the childhood of his crimes when a whispering
conscience can cause him to linger before taking an
advancing dishonest step, and he is only checked in his
course by a dread of worldly punishments. As chance
favors him he becomes either the corrupt servant or the
swindling guardian. The money of the Government and
the stores of the Indians are alike subject to his avarice.
But where are the evidences of the past or present ex-
istence of frauds in the Indian service? Upon what estab-
lished facts are the insinuations contained in the few pre-
ceding pages based? Pertinent questions and difficult to
210
THE INDIAN BUREAU.
be answered. The courts of law have not busied them-
selves in attempts to establish the crimes committed in
that Bureau. Agents are allowed to withdraw or are re-
moved from their positions on suspicion of guilt, and are
not often subjected to searching investigations. They are
also frequently succeeded by others for political party con-
siderations, after a brief tenure of office, before belief in
their ill conduct is generally established, and are never dis-
turbed in their retirement.
It would be very difficult to bring them to justice even
if seriously attempted. The system under which they
transact business is favorable to the concealment of official
corruption. Receiving large quantities of stores for distri-
bution, they issue directly to the tribes, and support their
action by the signature or rather the pen mark of the chiefs.
Should they distribute only a portion of the supplies re-
ceived, they could if they chose cover the pretended issue of
the entire quantity without perplexity, for the Indians in
their ignorance will usually receipt any paper presented to
them upon simple request. The latter know not the value
of the articles given them. They are unable in most in-
stances to compute amounts, and few have any positive.
knowledge of measurements and weights or the shares to
which they are entitled under the instructions of the Gov-
ernment. The agent too holds over them the rod which
will enforce acquiescence, since he is able to withhold sup-
plies until they accede to his demands.
What better opportunity could a dishonest person wish,
or what greater temptation could a feeble-minded one have,
than is here presented? With no one present who could
bear testimony against him except his confidential clerk,
he can deal out from his well filled store-house the whole
or a proportional part of the goods which should rightfully
be turned over to the tribe, and then can by simple arith-
metical calculations, make his official return to the Depart-
4
"
THE INDIAN BUREAU.
211
The
ment in such manner as may best suit his purposes.
receipt rolls signed by the chiefs support his abstract of
issues, and he has in his possession the evidences of a legally
executed transaction, which cannot be opened for investi-
gation, except upon very strong averments of fraud on the
part of white people, none of whom have personal knowl-
edge of the proceedings.
But what shall be done with the stores converted to pri-
vate use? They may be disposed of in various ways.
They may be secretly conveyed to a distant market or often
sold in the vicinity. They may be used to cover a subse-
quent issue, and receipts for goods never delivered be passed
for a consideration to a contractor. It might be more con-
venient to receipt in excess in the first instance; to take
at the hands of the contractor furnishing supplies yearling
cattle, instead of the heavy beef demanded by the Govern-
ment, and deal out the same as fat oxen; also to take like
action in regard to other articles. The shortage can be
made up during the season and none will be aware of the
frauds, excepting those participating in the profits; and
made up thoroughly too without an entry on the page of
profit and loss, or without a single submitted statement of
gains and wastage in issues. It is a curious fact that con-
tractors uniformly furnish good stores and that the trans-
porter always delivers a complete and undamaged cargo.
Unavoidable loss "by the act of God or the public enemy
seldom occurs. We have heard of complete destruction by
fire, but an uncharitable public immediately charged the
agent with arson.
""
When concealment is so easy of accomplishment, none
but the most careless of blunderers would be in danger of
exposure, unless the partners of their crimes should divulge
the joint wickedness; and it is not therefore to be won-
dered at, that the courts should not be called upon to de-
termine questions of guilt, nor that suspicion is so frequently
+
I
212
THE INDIAN BUREAU.
喜
​framed upon a knowledge of actions which, trivial in them-
selves, are considered of questionable morality under the
circumstances.
The prevailing belief of the hitherto wide spread cor-
ruption within the Indian Bureau is not based upon posi-
tive evidence, and yet it is as firmly impressed upon the
public mind as a belief in the existence of the Indian him-
self. In high and in low places the opinion is openly pro-
claimed without contradiction. A western senator in his
official place said but a few years since: "I believe that
more than one half of all accounts that have been sent in
for the last ten years from the Indian country have been
fraudulent more than half of the whole amount have been
manufactured."
Said the Chairman of the Senate Committee on Indian
Affairs, who warmly supported the peace policy of the late
administration : "I believe there are voucher thieves still.
There are men who still cheat in the value or number of the
cattle they sell to the Government. There are men who
still cheat in transportation contracts. So great a service as
this, extending over so large a territory, is exceedingly diffi-
cult to purify effectually; but I believe there has been a
purer administration in this respect during the past year
or two than heretofore."
In the towns and small cities of the plains, the agent
though eminently respectable, is supposed to hold a lucra-
tive position simply because he has what are termed chances.
He is called moderately economical if he can save from
five to ten thousand dollars yearly out of his salary of fif-
teen hundred. The constant allusion to the Indian Ring
and its reported swindling operations, is bewildering to the
stranger, and he imagines its existence in some huge invisi-
ble Briareus which stretches its one hundred hands over the
whole western country, manipulates all officers of the In-
dian Bureau, defrauds the Government and robs the natives.
THE INDIAN BUREAU.
213
品
​i
1
But if this universal belief in corruption is not based
upon positive evidence, there is much of a circumstantial
nature to sustain it. The frequent and speedy transition
from poverty to opulence, on the part of those engaged in
the Indian service, offers the argument which many use to
uphold their opinions; and indeed one is forcibly impressed
when, passing through some of the western cities, he ascer-
tains the former occupation of those who wear soft raiment
and live in luxurious palaces. The reports of strange pro-
ceedings which are spread from many of the agencies, the
eagerness manifested to secure Indian contracts at figures
below paying prices, the silence of those charged with guilt,
and the boastful confessions of those who claim to have
profited in some slippery speculation, the complaints of the
Indians themselves who seem to have an established faith
in the dishonesty of the whites who feed them, an perform
their labors, all indicate that there are and have bet grave
abuses which require correction, and that the servants of the
Government have and still are taking illegal advantages.
Whether these abuses are as grievous and common as
the careless commentaries of the people of the West would
lead one to suppose, may be doubted. That people are
very imaginative. They are harsh and uncharitable in
their criticisms of official action, and they are apt to mis-
construe personal intention in private life. I would not
affirm that this peculiarity has become a fixed trait of
character, nor on the other hand that it is the result of a
general misunderstanding of motives. The cause of its
prevalence might be attributed to the unsettled condition
of society, and the speculative spirit which pervades all
classes of business. It might also be sought in a slightly
diseased moral organism, which is prominently displayed
in Indian matters. The West has not that high apprecia-
tion of the sacred rights of the natives which is manifested
on the Atlantic coast. It has about the same idea of their
.
}
214
THE INDIAN BUREAU.
virtues and vices which the east entertained a century ago.
Ever since the formation of the earliest board for the
direction of Indian affairs organized in Spain in fourteen.
hundred and ninety-three, to control commercial regula-
tions with the natives of America, there has been an in-
clination to derive profit through Indian trade and man-
agement. Those who come in contact with the tribes
experience a desire to share in their bounties or in some
way reap the full advantages of the situation. Besides, the
West, though rich in expectations and imaginary prospects,
is very poor in reality. A large Indian appropriation is a
golden egg which measurably relieves the pressure of pov-
erty and assists to build up the waste places. Next to a
prolonged war a vigorous peace policy is most beneficial in
a pecuniary point of view. The temptation to serve the
Government in its work of Indian civilization becomes, in
the absence of other remunerative occupation, irresistible,
and many citizens, who can command the means and in-
fluence, seek to participate in the labor. Competition to
secure favor, so profitable in success, creates hostility be-
tween individuals, which gives rise to wholesale accusations.
and recriminations. It has been remarked that in some
of the territories the most spotless character was subject.
to malignant attack. This is doubtless the opinion of the
eminent and philanthropic gentlemen who composed the
late Indian Board, and also of many of the sacrificing mis-
sionaries who have been most wickedly slandered. Care-
less in expression, rather heedless of evil report when it
does not affect business interests, and then most eloquently
vindictive; liberal, hospitable, energetic and enterprising,
the people who dwell upon the frontier or near to the In-
dian country, are inclined in some degree to build their
statements of facts upon imaginative theories, and many of
the stories of fraud which are repeated may be but the
baseless fabrics of their visions.
THE INDIAN BUREAU.
215
If however this mass of floating rumor contains but an
inconsiderable element of truth, the fact of its existence
compels a painful inference. A sign of demoralization is
betrayed by a people who originate and spread abroad un-
founded accusations against a class of its citizens. It is
more than probable that where many Indian frauds are
charged there is an inclination to commit them when
opportunities are favorable, especially when a charge of
that character does not detract from the respectability of
the proclaimed offender, as it does not seem to do in the
west. Those who manufacture reports and those who busy
themselves in disseminating them are very likely prepared
to act as they accuse others of acting, when they may be
surrounded by similar circumstances. That society is in
an unhealthy state in regard to morals which confessedly
believes and yet smiles at such rumors; which can receive
into its confidence at the termination of official transactions,
the Indian agent or contractor, whose evil practices it has
published with a thousand tongues. It shows by its con-
duct that it is influenced by a dishonest policy, or that
its moral sentiments are somewhat blunted. Though.
sound it may be in its judgments of those matters which
concern individual citizens alone, ready to condemn and
ostracise any of its members who wilfully defraud or com-
mit injury upon the whites, it not only throws the mantle
of charity over those of its members whom it charges with
robbing the Indian, and through him the Government, but
receives them with favor and invests them with power.
The conclusion is inevitable whether reports are true or
false, that the West, far from being the valuable censor of
business proceedings between the Government and the
tribes which its position would enable it to assume, is either
culpably interested in, or indifferent to, peculation in the
Indian service.
This unfortunate condition of sentiment, so pernicious
216
THE INDIAN BUREAU.
to right conduct on the part of that large number of citi-
zens who measure latitude of action by public opinion, and
who engage in some capacity or other in the work of fur-
nishing and distributing supplies, has been developed during
many years of Indian mismanagement and abuse. It can-
not be expected to correct itself while the opportunities
which have allowed it to grow continue, not only because
misappropriation is excused or tolerated, but for the fur-
ther reason that those who reap the advantages exert suf-
ficient influence to bend public opinion to their will. As
long as the tribes occupy present local relations to the peo-
ple of the West and are the recipients of large Government
bounties which are dispensed under present existing regu-
lations, contractors and freighters of Indian supplies will
cheat or demoralize weak-minded agents, and will enter
into combinations to effect, by promises of reward or divis-
ion of spoils, the guilty coöperation of those who are more
capable and who intend to honestly perform their duties.
The only measure which can purify the service, in case it is
continued under present existing rules, is the substitution
of men of known integrity and capacity, of untiring indus-
try, of moral courage and aggressive temperament, who will
seek out and fearlessly expose attempts at corruption, in
the place of the incompetent agents of the past.
The inspecting system adopted a few years since is a
futile endeavor at purification or reform. Unless the in-
spectors can personally number the Indians who are fed at
the agencies, unless they can personally determine the
quality and quantity of supplies received, unless they can
personally verify the pay-rolls and pass a skillful judg-
ment on the value of the labor rendered, unless they can
personally witness issues of stores to Indians, their inspec-
tions are but a formal and meaningless procedure. All
this cannot be accomplished without constant presence
and ceaseless vigilance. The numbers of the uncivilized
THE INDIAN BUREAU.
217
!
.
tribes present at agencies vary at almost every issue, and
sometimes large bands are absent therefrom and do not re-
ceive subsistence for a period of many successive weeks.
The pay-rolls always contain as many names as the law
and appropriation allow, whatever may be the number of
assistants and employés actually retained. The issue of
stores may be cut short at any time, and the savings dis-
posed of by an agent, before danger of detection can arise
through an official verification of amounts on hand with
reported amounts.
It might be suggested that an inspector could obtain
information upon such matters other than that which his
observation would furnish him. But should he consult
the attachés of an agency, or the few citizens in the vicinity,
he would find them wonderfully ignorant. He would not,
if he understood the character of the Indians, place credit
in the complaints which they might make, for they uni-
formly express themselves as dissatisfied. Their regard for
veracity is very well displayed in the remark of a distin-
guished chief against whose people another tribe made
complaint of unjust action: "All Indians lie. I lie myself,
but that tribe greatly excels us in that accomplishment."
In the majority of instances they are unable to report the
amounts received with exactness, nor do they know to
what they are entitled. The grain of truth which an
inspector might glean from such a source, could not be
separated from the abundance of falsehoods which would
accompany it.
Even on the supposition that inspectors will escape the
pernicious influences which surround them in their labors,
it is doubtful if any system of inspection can be devised
through which detection can be made certain, while the
agencies maintain present relations to white population or
while existing regulations govern responsibility. Purifi-
cation is a more difficult task than preservation. The
10
?
I
7
་་
218
THE INDIAN BUREAU.
attempt to bring honorable dealings out of long practiced
fraud and deceit is always an undertaking of vast propor-
tions, and it is doubly so as regards the Indian service,
since watching will rarely be able to detect and bring to
punishment. The honest, competent, fearless and aggres-
sive agent is the one thing needful, and if he cannot be
obtained, all reformatory trials of the present system will
prove abortive. He is unquestionably in the market but
does not hold himself at the price which Government
offers. The annual fifteen hundred dollars would hardly
influence him to bear the odium which now begins to be
attached to the office in the public estimation, and to bat-
tle with those who would use him if possible for their
pecuniary advantage. This risk of character, with its
attendant labors which he must assume, is not we know
taken into consideration in fixing compensation, and yet it
is the source of great annoyance and perplexity. If the
agent's reputation for probity is not firmly and widely
established, a public press finds as a cause for Indian com-
plaints and outbreaks, though without proof, his thefts
or evil practices. If he turns from and exposes the offers
of contractors, if he resists the blandishments of the
corrupt, he will probably be called upon to meet bitter
assaults upon both his private character and official actions.
The business man of the frontier is a shrewd manipula-
tor of reputations. Through his score of affidavit-men, as
they are called, he is enabled to bear about with him in his
pocket the record of his enemy's dishonor. Unless the
director of a large agency is above suspicion, he will most
likely be worsted in the contest and be sent into retirement
humiliated and ostensibly disgraced. To subject one's self
to such a risk, which in itself would retard many a con-
scientious and proud-spirited individual from assuming the
position of an agent, is worthy of some recompense.
It is not safe to declare that increased salaries would
THE INDIAN BUREAU,
•
219
produce honest servants, but the proposition that they
would draw into the field of labor men of a higher stamp
might pass unchallenged. The latter is a result particu-
larly desired for the success of the present policy, as it
would be an advancement in the direction of integrity and
efficiency. The tendency of Indian administration has for
many years been toward open and shameless corruption.
Could the tendency be checked and a start made in the
opposite path, the Indian, if not benefited thereby, would in
the public belief have less cause of complaint and less to
excuse him for his practiced barbarities, while a most salu-
tary influence would be shed upon public morals generally.
A great government should not be conducted upon the
theory that its citizens will serve it from a sense of moral
or religious obligation and without receiving adequate pe-
cuniary reward. It cannot afford to accept cheap labor
when skilled and enlightened industry is imperatively de-
manded. That policy which advocates retrenchment in
wages, and supports its argument by the fact that it can fill
public positions at very low rates, is hostile to a long con-
tinued successful management of public affairs. There
are those in every community who, devoid of ability or even
of a fair proportion of intelligence, are willing to attempt
any official employment, whatever difficulties or perplexities
may attend it, and receive as compensation any sum which
may be offered. The frontier service of the Indian Bu-
reau can be maintained at one-half the present rates of
pay, and I am of the opinion that a complement of agents
could be found, who would engage to perform the neces-
sary duties without salaries, and would depend upon the
so called emoluments for remuneration.
A government should be administered upon principles
as strictly economical and business-like, as those which con-
trol a private corporation established for the accumulation
of property. The latter seeks and obtains practical ability
J
+
220
THE INDIAN BUREAU.
of the character desired, and pays for it according to its
market value. It expects zeal, efficiency and integrity in
the employé, and rewards him in proportion as he displays
those qualities. The men can be discovered and hired
who would make competent and zealous agents. The ad-
ditional compensation which must be necessarily given to
secure their services, is not worthy to be considered when
attempting to make comparison between the benefits which
would presumedly attend their labors, and the results.
which the agents of the past have accomplished, whether
for evil or for good.
An honest administration of Indian affairs is also neces-
sary to the settlement of a question of great importance in
Indian management. The friends of a pacific Indian
policy, who deprecate the employment of force and believe
that persuasion and intercession, accompanied by justice
and integrity of action on the part of the whites, would
speedily bring about Indian civilization, will stoutly advo-
cate their views until the test of experience has been ap-
plied. They continually cry out for reform and attribute
past failures to the iniquitous proceedings of Government
employés and contractors. It would be very satisfactory
to the country at large, could honesty be substituted in the
place of abuse, that the important question might be de-
termined whether the crop of folly hitherto produced from
government dealing, is the product of fraud and deceit
only, or whether it does not partially grow out of the senti-
mental policy of peace so loudly applauded. That prob-
lem solved by experiment and set at rest, Government
would be enabled to deal more understandingly with its
time-honored wards, might save treasures, diminish crimes
and accelerate Indian advancement.
CHAPTER VII.
CAN THE INDIAN BE CIVILIZED?
Has the American Indian the capacity and inclination
to adopt the customs, and receive the faith of the white
man ?
The Christian denominations of the country have enter-
tained as false impressions upon this subject as our legis-
lators. The belief that the Indian would readily perceive
the benefits resulting from our practical civilization, and
would gladly accept our habits of life, also that he would
be firmly impressed and radically changed by listening to
the simple teachings of Christ as conveyed by our mission-
aries, was formerly well nigh universal. The experience
of two centuries has materially shaken that belief, although
a large class of our most enlightened citizens still suppose
that the Indian might easily and at rapid pace be con-
ducted along that path of development which we have
been so long treading, and might possibly overtake us in a
brief period of time.
This erroneous opinion may be attributed to several
causes. Omitting for the present all speculation regarding
the capacity and inclination of the native race to follow the
pursuits, and to receive the ideas and creeds of the whites,
let us ask why this opinion has been so prevalent among
our people.
The European and his descendants are apt to assume,
that theirs is the only true civilization in existence, and
upon the assumption is based in part the supposition, that
other races will strive to attain it, could they be made to
222
CAN THE INDIAN BE CIVILIZED ?
ร
understand its nature. They assume that the benefits and
personal comforts which it bestows, are so immeasurably
great in comparison with those to be derived from all other
forms, and especially from that low type which exists among
the Indian nations, and which they consider barbarism,
that its acceptance by those nations is certain as soon as
they can be brought to a knowledge of its character. They
assume that it is plain and can be readily understood and
grasped by all men. They further assume and believe that
the Christian religion, as professed and practiced by them,
is a simple faith, easy of comprehension by all classes of in-
dividuals, whatever their intellectual condition or previous
religious convictions. They forget that European civiliza-
tion is the product of centuries of determined struggle, in
which the opposing mental, moral and religious convictions
peculiar to a portion of the world's inhabitants contended
for the mastery; that some of the elements which entered
into it, and by which indeed it is still maintained and pro-
pelled, are the distinctive features, the special characteris-
tics, of a single race of mankind.
It is questionable if any nation or people could under-
stand the rudiments of that civilization unless it possessed
in a very marked degree that spirit of personality or of in-
dividualism which distinguished the old European tribes.
It is certain that it could not be forced upon any people
which did not have that element of character strongly rep-
resented. Our American civilization, which commends
itself to all, as we think, on account of its simplicity and
practicability, is in fact of very complex construction.
who are born to it, who have received it as a heritage, who
are, according to the rules of the doctrine of heredity, pos-
sessed naturally of those qualities from which it springs
and which have been gradually developed through re-
peated centuries, cannot appreciate the difficulties which
for instance the Asiatic, whether cultivated or uncultured,
We
CAN THE INDIAN BE CIVILIZED?
223
would encounter in an attempt to comprehend our in-
stitutions.
The intelligent moral practical individualism which
pervades that civilization and which is now its great vitaliz-
ing principle, is the slow growth of time, and would even
require much labor on our part before it could be thor-
oughly understood. We must pass through a long and
tedious study before we ascertain the forces with which
that individualism, as formerly existent, has been compelled
to contend; how it has been built up, and how it has been
conditioned and modified. Of course it has had a retroac-
tive effect and impressed itself upon the forces brought
against it.
Examine this quality as it manifested itself in central
Europe nearly two thousand years ago, when the intelligence
from the south and east and the Christian religion were
placed in conflict with it. It could not endure the restraint
of regulated society and broke through all barriers of law.
When Christianity endeavored to calm it, it despised the
doctrine of passive obedience and almost discarded the
fundamental principles of that faith. The empire which
attempted to place it under subjection was subdued and
dismembered by its power. It was restless and impatient
of restraint. Its highest delight was in absolute personal
freedom-a freedom which might properly be denominated
license.
The struggle between this quality and its modifying in-
fluences, intelligence and Christianity, continued sharp and
severe. Through it all we trace gradual intellectual pro-
gress and moral improvement; but we find that this same
power of individualism, though constantly changing in dis-
position, remained active and belligerent. At length the
seemingly incongruous forces found their proper spheres
and balances, and rapidly moved society forward to its pres-
ent stage of advancement.
224
CAN THE INDIAN BE CIVILIZED ?
:
But what was the retro-active effect of this quality of
individualism upon Christianity and thought? It is this
action with which we are more particularly interested, that
we may discover if possible whether the ideas and religious
faith, which we consider so easy of comprehension and ac-
ceptance, are imbued with those distinctive peculiarities,
natural only to a certain class of mankind. Or to state
the proposition more strongly, whether they are the pro-
ducts of that class undergoing mental evolution in a par-
ticular direction. Individualism was the groundwork of
new theories in all the departments of knowledge. It
was the basis of new theological doctrines. As it received
Christianity, as it became intelligent, it forced independence
of thought into theology and the entire mental world. It
demanded the right to apply the test of individual reason
to whatever was presented for its acceptance, and even while
it contended for this right, it measured in its bigotry the
legitimate scope of all action and belief with the rule by
which it gauged its own. This zealous freedom-loving and
power-seeking characteristic of Europe which shattered
political systems, which compelled monarchy to abridge its
pretensions, which built up estate by force, was not content
to place limits upon conduct alone. It sought to impose re-
strictions upon thought and to regulate belief by prescrib-
ing creeds, so that Christianity created as severe conten-
tions as the theory and form of government. The faith
which came out of Judea and for three centuries was ex-
tended by reason and persuasion, which was so innocent in its
results upon the subjects of the Great Empire that its sup-
pression was deemed unnecessary, assumed, when it was im-
pressed upon the barbarians of the north, a new, practical
and energetic form. It was not then the cause of peace
and good-will, but the excuse for wars and violence.
Out of the dark ages of superstition and intolerance
there proceeded a Christian faith unlike, to a great extent,
CAN THE INDIAN BE CIVILIZED ?
225
that proclaimed by the early Fathers. It was infused with
the life and ideas of those who built it up from its simple
foundations.
It partook of the character of our ancestors. Their
interpretation of divine will depended entirely upon their
impressions of duty, responsibility, and the highest excel-
lence. This religion has progressed or been developed in
each succeeding century, has been beautified and enriched
by cultivation, and has kept pace with our advancing
civilization. It exists among us as an intensely practical
faith, shaped by educated conscience, and reflecting the
best intelligence of our people.
The effect of this individualism upon thought in its
largest signification was equally well marked. While wars
were waged and force expended to repress and obtain
freedom, the mental powers were employed to decide the
absolute and relative rights of man. They were employed
to ascertain what rights belong absolutely to the individual,
and what duties arise from the social condition. The ele-
ments of society were analyzed and the necessities of its
welfare and advancement sought. The result of this long
and tedious study, attended by constant experiment, is
manifested in our present customs, manners, and institu-
tions. They are the products of centuries of earnest toil,
in which enters that harvest of practical knowledge, gleaned
from the extended research into the laws of the material
universe, in which we have been engaged. Our political
system, our domestic institutions, our habits of life, are
but the perfected results attained by a race true to its
early instincts, following its tendencies as if led by an
inexorable fate, and working out its civilization and
enlightenment by earnest practical labor, and entirely
through a process of gradual development. Our religious
beliefs, our laws for the government of society, and of
political bodies, are all the outward manifestations of the
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CAN THE INDIAN BE CIVILIZED
1
1
true mental condition of the people. Our social practices
and observances are spontaneous. Our customs, domestic
arrangements, and all our modes of conducting affairs,
whether individual or public, are natural products of cer-
tain mental characteristics, varied they may be by relation
or circumstance. Nothing has been borrowed from any
source unless homogeneous and readily assimilated.
It is this civilization which has been and still is freely
offered to our native race, and which that race is either una-
ble or unwilling to accept. Has it been refused on account
of capacity or will? It is possible that both causes have
been instrumental in its rejection and for obvious reasons.
An attempt to portray the character of the Indian and
his mental and religious condition, would be deemed an
arduous task. Certainly we could not here enter upon
a detailed analysis of those subjects. But we might suffi-
ciently cite the result of observation, and the effect of
experiment, to raise grave doubts on the question, whether
the Indian's ideas and mental capacities are such as to
enable him to comprehend, and his habits and tendencies
of that nature to make him wish to receive, the great boon
which has been presented.
It must be recollected that this proposition does not
involve the inquiry whether or not the Indian tribes are
capable of improvement. Examples may be cited wherein
progress has been effected without extraneous aid. The
limited civilization of the village Indians of New Mexico,
resulting from the cultivation of corn and cotton, and the
practice of utilizing their labors to much advantage; also
from the discovery of the art of adobe making and placing
the manufactured articles to practical uses, was an advance
upon the estate of the nomadic tribes, which subsisted en-
tirely upon the products of the chase. Still it did not
change domestic institutions or social relations, and was
only an improvement in so far as it added to the comforts
CAN THE INDIAN BE CIVILIZED?
227
of life or furnished more easy and certain methods to ob-
tain its necessaries. The civilization of Mexico, which,
whatever its origin, was maintained by nations from the
north, and which Prescott pronounced equal to that of
England under Alfred, and in nature similar to that of
Egypt, was masterly in its accomplishments. It did not
consist however in individual regeneration. It was built
upon force and upheld by cruelty and superstition. The
smoke of the human hecatombs ascending from the altars
of a savage priesthood, proclaimed its character. It would
have drawn within its folds any barbarous tribes or people
which might enter the geographical boundaries within
which it held sway, and would have quickly subdued and
localized them. They would have been placed under it,
or at least have been compelled to accustom themselves to
its influence, whether understood or not. But the civili-
zation which we hold out is not forced. It is persuasive.
It asks as conditions for its acceptance, certain individual
virtues, and intelligence, and makes that acceptance de-
pendent upon inclination. In the case of the Indian,
moral transformation and mental growth, in a certain
direction, are necessary to its reception; and these modifi-
cations, it is expected, are speedily to be obtained by indi-
vidual effort, induced by appeal and example.
The difficulties to be met with in attempting to civil-
ize the Indians, while tribal influences remained in full
force, were discussed in a former chapter. It was there
affirmed, that the tribal relations retarded progress, as it
perpetuated the barbarous customs in which they had
their origin. In the present instance, we intend to remark
upon the difficulty which must still be encountered, in the
endeavor to engraft our modes of thought and habits of
life, upon a nation radically dissimilar to ours, though un-
impeded by any antagonistic social systems. Even with
the severance of tribal institutions, a great labor must be
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performed by those who would bring our Indian popula-
tion to the knowledge and enjoyment of the civilization
which our race has worked out, and which is essentially
its own.
The white man has misconceived his red brother, ever
since the two first met upon the continent. Misjudging
his mental powers and his moral qualities, he has viewed
him as one having like sentiments and desires as himself,
but wanting the knowledge necessary to improve his con-
dition.
The agents of Louis XIII, who offered Christianity to
the natives of Canada, and made the ceremony of baptism
the only needful qualification of citizenship, were fully as
well informed upon the nature of the Indian as the eastern
philanthropist, who now occasionally visits the plains and
expects to remodel tribal institutions through persuasive
promises and gifts.
Said the Indian Commission a few years since, while
in conference at Washington: "It is our opinion that if
the present peace policy can be persisted in for four years.
longer, the Indian problem will be placed in a fair way of
solution," and it gave as reasons why that policy had not
been successful," the laxity in the enforcement of the laws
when the Indians were the complainants and the whites
the aggressors," also that the agents and missionaries had
been "defeated in their purposes by thieves and robbers
who were allowed to live among the Indians." These
abuses corrected and slight impediments removed, and the
interesting nomad would, it is inferred, be seen clothed and
in his right mind, engaged in agriculture and acquiring the
virtues of the thrifty husbandman. Such expectations
were unreasonable, and could not have been predicated
upon a fair consideration of all circumstances.
What qualities then does this American Indian lack,
that he is so little impressed by the efforts which have
CAN THE INDIAN BE CIVILIZED ?
:
229
been put forth for his amelioration. He has the same
physical properties, the same senses, the same elementary
mental powers which we possess, but here the parallel
ceases. Although equally if not more skilled in the use
of the senses than the white man, he lacks the faculty of
abstraction, and consequently his imagination, reason and
understanding, are of a very low order. He is almost
entirely destitute of the moral qualities, and his religious
nature is of that kind which presumes the existence of a
Supreme Being, simply to account for facts and occur-
rences beyond his comprehension. His conceptions of that
Divinity are extremely vague and uncertain. It may be
one and indivisible, or it may exist in many and antago-
nistic forms. Whether the Indian is more Monotheist, or
Polytheist, or whether his belief is akin to Pantheism, is
difficult to determine, and he could not probably furnish
much enlightenment if questioned on those points. His
Divinity has none of the attributes of goodness, for he, in
his utter ignorance of virtues, is unable to imagine their ex-
istence. It is only propitiated by substantial material gifts,
and may be persuaded to assist in enterprises of the most
wicked character.
Like all savage people, the Indian has not the slightest
conception of definite law as a rule of action. He is guided
by his animal desires. He practices all forms of vice, and
even to a great extent those crimes which are pronounced
as against nature. He takes little thought except for the
present, knows nothing of property in the abstract, and has
not therefore any incentive to labor further than to supply
immediate wants. Instead of making an effort for moral im-
provement he strives to strengthen his vicious propensities.
He eats the raw liver of ferocious beasts to augment his fero-
city, wounds and bruises his person to increase his animal
courage, boasts in council of his brutalities, parades them as
deeds of approved valor and as examples worthy of imitation.
230
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4.
The brief picture here presented is intended to portray
the members of the wild tribes, and is not overdrawn,
although they exhibit to us in their superstitious ceremonies
and in their councils of state, and even in the hospitalities
of their lodges, certain qualities which do not appear to
harmonize with the character we have so quickly sketched.
It is the manifestation of these traits, such as reverence
for the Great Spirit, respect for the dead, affection for those
within the family relation, hospitable reception of strangers,
admiration for mental endowments, and an occasional dis-
play of cunning sagacity and rich imagery of language,
which has made the Indian a psychological and metaphysi-
cal enigma to many. And indeed to the casual observer
of Indian life and manners, our representations would ap-
pear paradoxical at best. How shall the seeming incon-
sistencies be reconciled?
The Indian possesses of course the natural instincts, the
general characteristics of humanity, among which is an in-
nate love for kindred and a desire for fellowship. The
superstitious observances which attend his mode of wor-
ship, if such it can be denominated, the rite of burial, and
indeed all religious ceremonies from the sun dance to the
exorcism of evil spirits, have been handed down by tradi-
tion through countless generations. From whence they
proceed, whether borrowed and adapted to circumstances, or
whether of native birth and growth, the natural product of
the Indian mind, endeavoring to account for existence and
cause, cannot be ascertained. So analogous, however, are
many of their ceremonies to those practiced in eastern
Asia, many centuries ago, so similar are many of their
traditions to those long since extant in the old world, that
the conclusion is almost forced, that they are in substance
of foreign origin. The slaughter of horses over the grave
of a relative reminds one of the action of Achilles at the
tomb of Patroclus. The act of piercing the ears of chil-
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CAN THE INDIAN BE CIVILIZED ?
231
dren is suggestive of the Jewish rite of circumcision. The
conjurations of the medicine man assimilate the sorceries.
spoken of in ancient history, and the traditions and crude
mythology of the Indians, contain much which might be
ascribed to the Asiatic pagans.
But from whatever source their ceremonies may be de-
rived, they have become the inheritance of the tribes and
have been practiced successive years without variation.
They are found to be, when examined, characteristic of
those who maintain them, and are attended with cruelty or
with a repulsive indelicacy shocking to moral sensibility.
Reverence when analyzed becomes a superstitious dread of
an unappeased vindictive Deity. The beautiful service of
sepulture is an observance repellant to the civilized because
of the bloody scenes which accompany it.
The Indian is sometimes called a statesman and an
orator. His dignified bearing in council, the beautiful
metaphors and rich imagery with which his efforts at ora-
tory often abound, challenge admiration. Language is the
embodiment of thought. It mirrors the mind, though it
does not reveal intention nor morals. While, therefore,
manifestations of the highest excellence which the red man
has attained may be witnessed in the proceedings of their
great tribal gatherings, no correct opinion of their moral
condition can be gained. He is a keen observer of nature,
and its objects supply him with figures to illustrate and
impress his primitive ideas. Oratory, says a distinguished
scholar, seems to have made but little advancement since
the days of Homer. If it consists in simple illustration
rather than in the employment of abstract terms, the state-
ment is correct, for barbarous and semi-civilized nations
excel in the first particular. With the Indian it is an art,
the result of study and repeated practice. Few acquire it
and they become the leading spirits of the tribe. The
maiden speeches of the young chiefs about to assume con-
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CAN THE INDIAN BE CIVILIZED ?
trol of the movements of their people, are generally miser-
able failures. After a few years of trial some become
fluent declaimers and fervent exhorters. Fortunately for
their reputations, their ideas are few and simple, and they
can by their labor, be frequently reproduced with increased
adornment.
The efforts of years secure a dress which is rich and
oftentimes brilliant. Still it must be remembered that
before the speech obtains our criticism, it is embellished
by the imagination of the poetical interpreter.
We think that a progress towards civilization has a
tendency to weaken the charms of Indian oratory. The
wild savage is more eloquent than his half-tamed brother.
He who has seen him as he comes from the excitement of
battle to name conditions of peace, when every word
is vehemently uttered, when passion, strangely visible in
his countenance, finds vent in words, and in his peerless
gesticulation, will agree in this assertion. So also he
might do the same who has observed him as he rises in
council, flings back from off his shoulders his pictured
buffalo robe, shakes back his waving hair, and with a
haughtiness more befitting a conqueror, proclaims the
fancied wrongs of his race, and defiantly refuses the
requests of the Great Father's commissioners. But should
the savage be followed from the council to the feast or the
dance, the respect which his talents had inspired would be
lost, because of the sudden transition from superior dignity
of manner to abasement or degradation of deportment.
Within the same hour he may be seen carrying himself
with proud nobility as he indulges in flowing declamation,
or with rude song keeping time to the beating of the tom-
tom, while sitting in the dust and filth of camp.
Considering then fairly the character of the superstitious
observances maintained by the Indians, also the nature of
their mental productions, neither their devout and reli-
CAN THE INDIAN BE CIVILIZED?
233
gious tendencies, nor their arts and accomplishments, are
incompatible with that degree of savagery which is desti-
tute of moral principle and the knowledge of abstract
right. These deficiencies, together with that spirit of com-
munism which is prevalent among all tribes, and which is
due as well to an undeveloped idea in regard to property,
as any desire for common ownership, make the reception
and understanding of our American civilization very im-
probable.
Another defect of Indian character which, though it
it has not been stated apart by itself, may nevertheless be
inferred from what has been said, consists in inability to
comprehend a Christian dogma, and even to gain a tangi-
ble idea of the simplest elements of the Christian religion.
We mention this as an important fact, and thus inde-
pendently, because it has been the opinion of the Govern-
ment and public, that the reception of Christian doctrine
is the stepping-stone to substantial improvement. Said
the distinguished Indian Commission: "The religion of
our blessed Saviour is believed to be the most effective
agent for the civilization of any people." The establish-
ment and maintenance of Christian missions among the
tribes was therefore supposed to be a most necessary
requirement, as the conversion of the heathen was the
first demand of worldly progress.
We would not attempt to raise an objection to the
sentiment expressed in the foregoing quotation, but only
remark that the Christian religion, as received by the tribes,
does not materially aid in subduing savage passions or
in fixing settled habits. That obdurate portion of the
Six Nations of New York, which has rejected all the
appeals of the Episcopal Church for nearly two centuries,
and which now mocks the religious ceremonies practiced
by their converted relations, has kept pace with the latter
in all respects. Those of the heathen class live in as good
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་ ན
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•
•
houses, cultivate farms equally as well, and are as obe-
dient to civil law, have as much knowledge of the affairs
of the world, and are as good citizens, as the latter. The
truth is, that the Christian religion is the religion of civil-
ized man. It is a progressive religion and has reached a
stage beyond the grasp of the savage. As developed by
our ancestors, it is, as we have already suggested, an intense,
practical, individual faith, directing the practice of all those
virtues which an advanced state of morals makes known.
The Indian has an accommodating disposition as re-
gards a willingness to accept religious doctrine. Like the
old Roman, an additional divinity is not objectionable.
Many will readily profess Christianity if they believe that
material benefits can be gained by so doing. They will
reverently engage in prayerful confessions and interces-
sions, but let misfortune come during the period they are so
engaged, let a fire sweep their camp and consume their
property, they will, if left to themselves, immediately re-
nounce their new faith. They are very utilitarian in their
views, and demand substantial and immediate payment
for time and labor expended in any form of worship. A
few pounds of bacon will induce them to present their
children for baptism, notwithstanding the rite has already
been many times administered.
Their convictions, however, whatever may be their
professions, cannot be very satisfactory. The doctrine of
the atonement would involve them in inextricable per-
plexity should they attempt to consider it. A rule of duty
could not enter the mind of one whose system of morals
consisted in following the propensities of his nature. The
Indians may practice the forms and give heed to the out-
ward observances of the church, but their religion is in fact
their own superstitions crammed into the shell of Christi-
anity. For success in missionary labor among them, that
type of Christianity which is attended with the largest
CAN THE INDIAN BE CIVILIZED ?
235
share of external forms and ceremonies is the most efficient,
and for that reason the efforts of the Roman Catholic
church are crowned with more than ordinary prosperity.
The Missionary Fathers of the West understand this and
sometimes confess it.
While therefore we agree with the late Indian Com-
mission, that Christianity is a wonderful element in civ-
ilization, we do not believe that it can be firmly engrafted
on the Indian stock. It would produce fruits if properly
applied to childhood for successive generations, but the
adult Indian cannot accept it, even if he is inclined to do
so, and there is no inclination on his part to accept it, unless
he can be convinced by some process that he will thereby
reap a worldly advantage. The Indian cannot at once grasp
a moral truth nor receive a religious conviction, nor can he
readily change his wild, roving, idle life and assume habits
of industry. He will not and cannot revolutionize his na-
ture, and any essential modifications, which outside teach-
ings and influences shall bring about, will be the tardy re-
sults of generations of labor.
The history of experiment upon this continent confirms
the views herein expressed. Two hundred years of labor
for the amelioration of the red man, accompanied by a large
expenditure of money and extending over a vast tract of
country, has failed to firmly fix our civilization upon a single
tribe. It will not suffice to attribute failure solely to the
misdeeds and dishonesty of the whites, for much well di-
rected effort can be discovered, which has also been barren of
permanent results. The earlier enterprises of Christian
denominations, both on the eastern and western coasts of
America, and upheld in some instances by the fostering
care of governments, promised well. The Puritan, Mora-
vian, Episcopalian, Quaker, and the different orders of the
Roman Catholic Church, were all zealously engaged in
prosecuting missionary work. The French founded con-
1
236
CAN THE INDIAN BE CIVILIZED ?
vents and colleges for the education of Indian children of
both sexes. Many Jesuit Fathers gave the unremitting
toil of years to bring their converts to the knowledge of
civilized life. The work was commenced as early as six-
teen hundred and thirty-six, and was pushed forward
through many trials and discouragements. The Spanish
priests had established eleven missions between the Gulf of
California and the Rio Grande River, and claimed to have
gathered into the fold eight thousand converts at the be-
ginning of the seventeenth century; and thirty-five thou-
sand Christian Indians dwelt on the California coast fifty
years ago, if Spanish accounts are correct. Eliot, Williams,
and their successors in New England, the Moravians in
Pennsylvania, the English Church in New York, the Roman
Catholic church in Maryland, and so on down the conti-
nent until we find the Spanish again in Florida, and the
French in Georgia and Louisiana, all engaged in the
establishment of places of worship and schools for the
youth, and nearly all inviting the adoption of the habits
and customs of the whites by example and much practical
instruction, should certainly have perfected, for the encour-
agement of posterity, a tribe or two of enlightened, indus-
trious and self-sufficient Indians.
Turn where you will, however, and nothing of the kind
can be found. Remove the agents, instructors, missiona-
ries and white laborers, from a tribe, and it would relapse
into barbarism, unless the same had been strongly infused
with white blood. The California Indians have been gradu-
ally retrograding since the Spanish priests were withdrawn.
from their midst. The Pueblos have rapidly undergone
mental deterioration since Mexico achieved its independ-
ence, and neglected its native race. A former generation
of them acquired the rudimentary branches of education,
but its offspring have entirely lost all such accomplish-
ments.
CAN THE INDIAN BE CIVILIZED?
237
I find in an old report of Sir William Johnston's his
opinion of that small band of Hurons in the vicinity of
Quebec. He says, in seventeen hundred and sixty-three:
"The Hurons at Loretto are a civilized people." The one
hundred and fifteen years which have passed since that
report was rendered, have made more noticeable among
them the blue eye, and fair hair of Normandy, but it has
not made that civilization distinguished for thoroughness.
The boy still delights in the practices of the forefathers,
and is a clever master of the bow. Indian squalor and
idleness are still noticeable features of the village. The
Delawares became Christians, it is said, under the teachings
of Moravian missionaries. They have made little if any
progress then, since that long ago period, and Eliot's ten
thousand converts served no purpose, except to adorn the
page of history with the recital of a life nobly rendered.
All who have labored long and faithfully in the field of
Indian missions occasionally give utterance to disappoint-
ment if not discouragement. The Jesuit Fathers often
lamented that their toil was so lightly rewarded; and now
the Christian agent and instructor, who entered upon his
duties with fond anticipations of a glorious harvest, fre-
quently concludes that he is engaged in the cultivation of
a desert. Our people, say they, display neither ability, in-
dustry nor gratitude. Unless constantly exhorted and
compelled, they sink back into brutish indolence and besot-
ted vice. The churches make no visible impression, the
schools languish, and the cultivated fields are abandoned,
unless the white man is present to perform the agricultu-
ral labor.
Feelings of the greatest depression often come to the
most sanguine and earnest of those who have actively en-
tered upon the work of Indian education, and yet for
nearly three centuries self-sacrificing people have entirely
given themselves up to this discouraging employment.
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}
Their labors have not been in vain. The condition of the
tribes longest subject to their influences varies materially
from that state of barbarity which we depicted as belong-
ing to those still unreclaimed. The influences combined
with other causes, such as friendly intercourse with whites,
and the slow acquisition of new ideas thereby, has elevated
them very many degrees in the scale of humanity. Still
these tribes have not passed through a natural process of
growth. They have not been developed. The seed sown
may have taken root, but the soil is not congenial, and the
plant does not flourish.
We venture to affirm that notwithstanding the vast
expenditure of money, by this and other governments, on
behalf of the Indians, and the long continued labors of in-
structors among them in arts and agriculture, notwithstand-
ing the constant appliances on the part of churches of the
various methods of imparting a knowledge of Christianity
and the useful arts, there is not to-day a single tribe upon
the continent which could support itself, and retain the
civilization already acquired, if left entirely to its own man-
agement and made to depend solely upon its own resources.
We intend that the statement shall apply to all tribes, no
matter to what extent they have been absorbed by the
white race. Let any one of them as now existing, be de-
prived of the strong arm of Government, and of all in-
structors from without, and not be interfered with to its
detriment by outside forces, and it will, we believe, com-
mence to retrograde. The civilization which has been
forced upon them is not natural. It requires constant en-
couragement, and careful nursing, to make it flourish on
the stock in which it has been inserted.
It may be asked if tribes having acquired civilization
-have not been disbanded and the members of the same
merged into the great body of our citizens. No tribe of
any importance has ever been disbanded. A few scattered
CAN THE INDIAN BE CIVILIZED ?
239
bands living in proximity to or surrounded by white settle-
ments, have been broken up and citizenship conferred upon
those members who could comply with certain conditions.
Civilization was not, however, promising in these instances,
but the circumstances which surround those individuals
will serve to keep them in the positions in which they
have been placed.
It might also be asked if the Indian raised under the
same influences and allowed the same educational advan-
tages as the white man, would not be his equal, or at least
would not acquire permanent civilized habits, and the
white man's modes of thought. As regards equality it
might be answered that the half breed, brought up in the
Indian camp, is far superior mentally to the full bloods
who have been his constant companions; also that the half
breed youth can be taken from the barbarous associations
of camp, and soon established in the ways of the whites.
Regarding the question whether the Indian would not,
with advantages, gain permanent civilized habits, and the
white man's modes of thought, it might be said that there
have been but few exceptions to the rule that the Indian
educated in eastern schools and colleges cannot, or at least
does not, make any successful practical application of his
education. He seems to have the power to take in or
memorize the contents of books, but he cannot absorb and
assimilate them. He acquires a mass of disconnected facts
and lacks the ability to bring them into relationship or
harmony. His mind cannot digest them, so that he ob-
tains therefrom very little mental nourishment. The
child selected from a tribe by some religious denomination
for the purpose of education, and placed in some noted in-
stitution of learning, is, when finally moulded, almost an
object of pity. Not only is his native language fearfully
mixed with the English, Latin, and Greek, and with any
other tongue to which he may have turned his attention,
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1
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CAN THE INDIAN BE CIVILIZED ?
but his ideas upon theological and philosophical subjects
are also lamentably confused. College graduates of the
Indian blood are frequently met in the Indian Territory,
who are the possessors of fair libraries, but who dwell in
filthy cabins and are as indolent, as far as regards the per-
formance of practical labor, as their benighted neighbors.
Many experiments were tried in the old colonial days. A
large number of the Indians of Massachusetts spoke and
wrote the English language. Harvard College has in some
instances used all its endeavors to impress its culture upon
the Indian mind, but met with absolute failure.
Still, notwithstanding past experience, the present gen-
eration of reformers expect by like expedients to revolu-
tionize Indian character in a short term of years, and
believe now as those of the past believed, that with the
removal of evil white example, the task might be speedily
accomplished. The churches still give liberally in men
and money, to further this desirable object. Fifty-five
years ago they were demanding of Congress an increase of
appropriation to civilize and educate the red race, and
to-day through their members the same demands are
pressed.
In the adoption of the peace policy, it was believed that
the proper and certain measures to bring about civilization
had been inaugurated. Localization and a generous ap-
plication of certain influences were to be attempted. The
theory was not new, but had been long ago advocated by
the New England colonies. After a short season of trial
the success of the policy was thus declared by the Commis-
sioner of Indian Affairs: "As a result the clouds of igno-
rance and superstition, in which many of this people were
so long enveloped, have disappeared, and the light of a
Christian civilization seems to have dawned upon their
moral darkness, and opened up a brighter future." The
commission of citizens appointed to cooperate with the ad-
CAN THE INDIAN BE CIVILIZED ?
241
ministration in the management of Indian affairs said:
The reports of the Indian Bureau will be found to abound
in facts going to prove, that the Indians as a race can be
induced to work, are susceptible of civilization, and present
a most interesting field for the introduction of christianity."
At this time the wild tribes had been collected at large
reservations, where they were being fed, and where white
men were employed to build for them cabins. Some mem-
bers of the tribes had been induced to discard the blankets
for the coats given them, and had begun to demand wagons
and farming utensils. The transition was so marked and
flattering, that to those engaged in Indian labor, it seemed
that improvement would continue and that triumphant
success would be speedily achieved. Eight years have
passed, and the lesson of failure so often repeated is again
presented for our instruction. That most stupendous sys-
tem of public pauperism ever yet organized, has totally
failed to advance in any respect our Indian population.
Those very tribes upon whom it was brought to bear in all
its force, are more troublesome, and no more humanized
than they were before they became the recipients of the
great bounty.
Philanthropists are greatly mistaken in supposing that
the Indian who has thrown aside his blanket, who has cut
his hair and received baptism, and dwells at his agency in
a cabin, eating the rations furnished by Government, is per-
manently reclaimed, or that he is only slightly removed
from the condition of our citizen agriculturist or laborer.
In most instances there is but the semblance of an advanced
state. Many of the wild and barbarous Sioux Indians of
eighteen hundred and seventy-six, had been, two years pre-
vious to that time, engaged in tilling soil, were living in
houses, had harnessed their horses to the wagon, and had
acquired in part the English language.
Still there were members of the roving tribes, generally
j
11
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CAN THE INDIAN BE CIVILIZED ?
men of advanced years, who could distinctly perceive that
the Indian must after a period of time, betake himself to
pastoral or agricultural pursuits. They expressed them-
selves at the inauguration of the peace policy as anxious to
be permanently located and instructed. They led their
tribes to reservations, labored with them in council, and
seemingly put forth great efforts to improve the condition
of their people. When instructors were sent among them
they apparently strove earnestly to form other habits, and
to live in a manner befitting the new existence desired.
But the old life was too firmly fixed to be shaken off.
They were children groping in darkness, were unable to
catch new ideas and to practice constant industry. As a
result of their endeavors they lost influence, and the
younger portion of the tribes fell away from them and only
visited the agencies to obtain the food which was there
freely distributed. The conduct and representations of
these men deceived the officers of the Government, who
were engaged in applying its policy, and threw over their
earlier efforts a fictitious show of success. This will explain
in part why the reports of a few years ago were so highly
colored.
The reasons which suggest themselves to the mind,
after full deliberation, to sustain an opinion that the Indian
is incapable of receiving our civilization, are so manifold
and convincing that the failure of all experiment which
has been undertaken, appears natural and not in the least
a matter of surprise. That civilization is, as we have re-
marked, the result of many centuries of mental and moral
development in a uniform direction, and is the old Euro-
pean individualism conditioned and modified by practi-
cal education and by a religion which has ever been adapted
to social and domestic relations. The system of laws, the
doctrine of morals, and the religious tenets which enter
into it, are based to a great extent upon the old Saxon belief
CAN THE INDIAN BE CIVILIZED?
243
and practice of equality and life partnership of husband
and the one wife; for the character of the marriage tie has
shaped our social customs and domestic institutions. Even
if it had not reached a point beyond the mental grasp of
the Indian, or indeed if he was mentally competent to fully
comprehend its manifestations, why should it commend
itself to him except on grounds of expediency? Why
should he wish to obtain it unless, because of his compli-
cated relations with the white race, he might by so doing
better his worldly estate? Surely there could be no rea-
son unconnected with the selfish idea that he could there-
by gain the necessaries, or possibly the comforts, of life
more readily. For, assuming that he is religious and is
possessed of a system of morals (although hitherto, judging
from our own received views of religion and morals, we
have supposed that he has neither) they are so diametri-
cally opposed to those which enter as elements into our
civilization that he would not strive to practice the teach-
ings and demands of that civilization from any sense of
duty or conscientious convictions.
His religion and his morals allow action which we would
deem infamous, which Christianity would mark as deadly
sins, and which our moral sentiment would abhor. Con-
struct for him then a house and induce him to live within
it, give him our clothing and persuade him to wear it, assist
him to yoke cattle to the plow and to cultivate the ground,
finally teach him to harvest the crop and prepare it for
food, and still nothing is accomplished as regards his im-
provement, except that he is being taught to lead an agri-
cultural life instead of gaining a living from the chase.
He is not civilized in the proper sense of the term, but has
only changed his pursuits, and he has been prevailed upon
to change them because advantageous to subsistence and
comfort.
Let him proceed farther. Influence him to conform
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CAN THE INDIAN BE CIVILIZED ?
ぶ
​outwardly in his social and domestic sphere to the require-
ments of our civilization. Prevail upon him to discard all
but a single wife and to be bound to that one by the Chris-
tian ceremony of marriage; induce him to practice in his
household none but civilized observances; teach him the ru-
diments of our language; place him in church and persuade
him to take an active part in the services, and still he has
not been brought to a knowledge of civilization. He is
still an uncivilized man following the teachings of others,
and cannot advance a step without the aid of his instructors.
In fact, he would fall by the way unless constantly sus-
tained by them. Look at him casually and it is hard to
detect the counterfeit, the skin has been so deftly fitted.
But interrogate him upon an abstract and well settled prin-
ciple of right; request his opinion upon some question of
morals to which his teachers have not furnished him with
a categorical reply; ask him the reason of any law, custom
or observance, and he will be unable to make intelligent
answer.
The civilization of a people is nothing more nor less.
than the mental, moral, and possibly religious condition
which that people has attained. Its proofs consist in the
outward manifestations of that condition, from which also
its character, quality, and extent may be determined.
Those visible demonstrations which may be seen in the
prevailing customs of domestic and social life, which may
be witnessed in all the appliances and expedients devised
and resorted to in order that the life may be made com-
fortable or enjoyable, which may be perceived in modes of
thought, as expressed in law, literature, and art, are but
the natural results of enlightened taste, perception, and
conviction. Our refined household is developed naturally
out of the Saxon home. Constitutional democracy is the
developed idea of the old Saxon individual liberty. Ameri-
can Christianity is the educated creed of a race believing
CAN THE INDIAN BE CIVILIZED ?
245
in individual responsibility, and unity of relation; of a race
whose better sentiments at the time of the acceptance of
Christianity accorded with the Biblical doctrines of mar-
riage, of parental government, of filial affection, and with
the fundamental principles of Holy writ.
The Indian, too, has for many centuries, been under-
going a process of development. Those tribes which yet
retain their nomadic habits, are far removed from the state
of savagery which existed in pre-historic ages. The law
of motion applies as well to the mental as to the material
world. Cause is continually at work, producing effect,
and results are discovered in new mental conditions.
peculiar characteristics of the mind are transmitted as
well as physical lineaments, and there is a certain growth
in that particular direction whither natural tendency
influenced by surrounding circumstances invites.
The
That long imagined primitive state of simplicity, is now
believed to have been an almost beastly state of barbarity,
from which all races of mankind have in some degree
elevated themselves. The red man has advanced slowly, but
he has succeeded in building up and establishing domestic
and social customs, a most ingenious consanguineous re-
lationship, a system of ceremonials, expressive of long
cherished superstitious beliefs, and in fine a mode of life
as determined and fixed as that which prevails among
white communities. To induce him to relinquish habits
and observances, which are but the legitimate products of
his mental faculties, brought in contact with the objective
world, while following his propensities, in so far as cir-
cumstances would allow, and to assume those which are
entirely foreign to his nature, as conditioned by thought
and reflection, and which he can neither appreciate nor
understand, is a change of so radical a character as would
seem to require miraculous interposition to effect.
But we have, say the philanthropists, firmly impressed
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CAN THE INDIAN BE CIVILIZED ?
upon a portion of the native race civilized habits, and it
is zealously following civilized pursuits. We have succeeded
in bringing it out of heathen darkness, and have implanted
sound Christian doctrine.
It is admitted that the semblance of our civilization
has been produced in certain instances, where the force of
circumstances has compelled the Indians to rest in perma-
nent and abridged localities, and to take up in a measure
the labors of the agriculturist. But to what extent has
he been regenerated? Has natural deceit given way
to an innate love for truth? Has characteristic cruelty
been displaced by the dictates of educated humanity?
Has the desire for retaliation been supplanted by a
love for justice, license for the unchangeable forms of
law? Has ignorance and habitual indolence succumbed
to intelligence and industry, and does zeal and activity
mark the newly acquired efforts at reform ? Remove from
those gardens the white laborers who have been so long
engaged in their cultivation. Let the plants, which have
been so carefully placed and tended, be left to themselves,
and then ascertain how long they will remain unchoked
by weeds the natural products of the soil. Ascertain,
then, how deeply rooted are the new beliefs and practices,
and what length of time will be required to corrupt the
ordinance of baptism, and the ceremony of the mass.
But, say these philanthropists, compare the conduct of
some of these people with those of the whites who sur-
round them and judge which answers best the demands of
society.
We reply that it is not fair to conclude from the com-
parison of a well disposed Indian and a depraved white
man, that the former excels or even equals the latter in
civilization. The former follows example and endeavors
thereby to attain to a higher plane of existence, while the
latter purposely discards virtue, although he has a knowl-
CAN THE INDIAN BE CIVILIZED?
247
.
edge of its principles and wickedly pursues vice. If the
former had the same intelligence, the same insight into
truth and morals, which the latter possesses, he would
soon rise in the scale of humanity, and become a social
ornament in the western population. What then has been
accomplished by all the labors which have been put forth
to improve the native American race? The question can
be viewed from two stand-points, which are, what advan-
tages has Government derived from those labors, and
to what extent has civilization been pressed upon the In-
dians? Considered from the first view, it might be briefly
stated that Government has been profited by the conver-
sion of many of the tribes from turbulent into peaceful
communities, but has paid lavishly for the change.
The other aspect requires much study and reflection
before it can be comprehended, and even then much un-
satisfactory speculation must be indulged in, for we cannot
definitely determine whether the progress which certain
tribes have apparently made, is firmly fixed and will be-
come the foundation of further advancement. However
this may be, it must be admitted that the changes in In-
dian life and manners which have been effected, have
proved the salvation of that race, for stern necessity de-
creed that it must either submit to them or to exter-
mination.
But here another question arises when considering
the cause of change, and that is whether progress has not
been as much the result of circumstances, as of the expen-
sive instruction furnished. This also will remain matter
of opinion, as arguments, presumedly based upon both fact
and theory, are not wanting to the advocates of either side
of the issue. But in the present discussion, we might con-
cede that improvement has been entirely due to the foster-
ing care of the Government, and to the exertions of the
teachers in arts, religion, and morals, for the inquiry con-
248
CAN THE INDIAN BE CIVILIZED ?
}
cerns the ability of the Indian to become a thoroughly
civilized member of the community, whatever influences
may surround him, and we wish now to arrive at some
conclusion as to the point in civilization which the most
gifted tribes have reached.
The Indian Bureau makes a classification of the tribes
as follows: civilized, semi-civilized, and wild. It places
those which are permanently settled in the first class,
those which are not yet supposed to be definitely located
and have not altogether abandoned the chase in the second
class, and those still wandering and subsisting on wild
game, in the third class. In its opinion, a community
which had ceased to lead a nomadic and predatory life,
which had fixed its abode, and betaken itself to agricul-
tural and pastoral pursuits, which in part practiced the
observances of Christian sects, and which refrained from
the commission of robbery and murder, would probably
be considered civilized.
The Indian Bureau illustrates its arguments for a con-
tinuation of past Government action, by a reference to
these and others more improved. Said the Commissioner
in his annual report of eighteen hundred and sixty-eight:
"Now, if the laws of God are immutable, the application
of similar causes to each of the other tribes under our ju-
risdiction must produce a like effect upon each. If the
Cherokees, Choctaws, Chickasaws, Creeks, and Seminoles
are civilized, and advancing in development, so will be the
Cheyennes, Arapahoes, Apaches, Kiowas, Comanches,
Sioux, and all our other tribes, if we will only use the
means, in their cases, that have been so wonderfully suc-
cessful in the first named tribe."
This is simply begging the question of the possibility of
Indian civilization, and christianization, and accepting a
very narrow definition of the meaning of those conditions.
In truth, those tribes have only reached the beginning of
CAN THE INDIAN BE CIVILIZED ?
249
1
civilization, however faithfully they may copy some of its
practical manifestations. Behind the surface there lurk
the inclinations and paganism of their forefathers, which
circumstances have repressed but which instruction has
not eradicated. Men there are among them, some white, a
few red, and a few tinged with negro blood, who seem to
fairly represent the intelligent American, though no in-
dependent opportunity has yet been offered them to show
the true tendency of their mental operations. The great
mass may be said to be in a transition state, without
definite opinions or ideas upon a single abstract truth.
It is the pauper element of the United States living to a
certain extent upon Government bounty, whether be-
stowed as annuities, as money under treaties, or as sub-
sistence.
The condition of the Cherokees has been alluded to in
a former chapter, wherein it was shown that all their
schools and public institutions were maintained without
any pecuniary assistance from them, and it might be stated
that the success of those institutions depended upon a con-
tinuance of aid. Civilization as it exists among them is
maintained by outside influence, and has not yet taken
sufficient root to allow of the withdrawal of Government
interference.
No one would be prepared to say, that by constant
practice for a long term of years, the newly acquired pur-
suits and the forced systems of education would not be-
come permanently fixed, should all foreign supervision be
removed and even former situations be revived. Children
raised to certain habits of life, are apt to retain them if
influences are favorable, notwithstanding the nature of
transmitted tendencies and character, and the qualities of
the mind are conditioned by surrounding circumstances.
After a few generations of careful training the Indian
might not only conform of his own will to the observances
M
14
11*
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CAN THE INDIAN BE CIVILIZED ?
I
which mark our social and domestic institutions, but might
possibly have similar ideas, regarding external nature, might
pursue the same processes of thought and indulge in the
same mental reflections as those which characterize the
descendant of the European. Not until this vague sup-
position becomes reality, will he become thoroughly in-
doctrinated with our civilization. Not until this wonder-
ful transformation is effected, will he fight the battle of life
energetically, vigorously and successfully, with his Euro-
pean neighbor, who pursues, as it were by instinct, what he
must follow by another's guidance.
The civilization of the Indian is not yet in any particu-
lar an accomplished fact. The labor which has been ex-
pended in his interest, with all attendant circumstances,
has in many instances produced this result, viz: the
substitution of some of those customs through which we
earn our daily bread, and make comfortable our settled
homes, in place of the Indian's former mode of gaining sub-
sistence, and as a consequence those rules and regulations
which necessarily govern the new state have been in part
accepted. He is tamed, he may be civilized, but he has
not by any means acquired our civilization.
CHAPTER VIII.
HOW CAN THE INDIAN BE CONTROLLED AND
IMPROVED ?
GOVERNMENT must still exercise a long-continued con-
trol over its Indians. That population is now increasing,
and it has not materially decreased during the past two
centuries. Its progress in civilization has been so tedious,
that we may safely assume that many years must elapse
before it will be competent to entirely care for itself, or
satisfied to live harmoniously under our laws.
The question of Indian treatment has become more im-
portant than formerly, for the reason that, western terri-
tory far removed from white settlements, is no longer avail-
able, and consequently the aborigines must necessarily
come in continued contact with our citizens. The latter
cannot be restrained from mingling with the former while
relations are peaceful, and they will demand and are en-
titled to protection in seasons of hostility. The proper
means of Indian education and advancement is no longer
therefore a problem for the philanthropist only, but it be-
comes one for the practical law-maker also, since through
these means must the quiet and safety of the western set-
tlements be sought. Henceforth the United States must
labor to improve the Indian as well as to localize him, and
abridge his territory. Under present circumstances it is
of vital importance that his disposition and nature be so
transformed, that he may be induced to quietly live in the
neighborhood and peaceably follow the pursuits of the
whites.
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252
HOW CAN THE INDIAN
.
i
All former legislation and all past treaty proceedings
were to a great extent based upon the idea that civilization
could be speedily enforced by instructors under a carefully
restricted intercourse between the two races. The old
policy, in so far as it concerned Indian advancement, was
built upon the belief that tribes kept apart by themselves,
could in the course of a few years be induced through per-
suasion and material aid, to permanently adopt civilized
habits.
Jefferson's ideal Indian nation, Calhoun's northern and
southern reservations, were conceived in this belief. But
we have endeavored to show that our trade and intercourse
laws and the treaty system pursued, which practically ex-
cluded virtuous example, preserved tribal structures and
destroyed individual responsibility, have not been benefi-
cial to the Indian and have in many respects been perni-
cious to the country. We have endeavored to show that the
large amounts of money expended in the execution of the
past policy of the Government, have yielded little fruit of
the desired nature, but on the contrary have encouraged
and produced wide-spread corruption among a portion of
our citizens. We have from the outset borne in mind the
fact, that the majority of that class who have labored to
educate and Christianize the Indians, attribute the meagre
results of their efforts to a laxity in the execution of the laws.
They approve the theory of the past policy of the Govern-
ment. Keep faith with the red man, they constantly exclaim,
and remove from his association all evil disposed white peo-
ple, and his speedy civilization is assured. It has been an-
swered that circumstances did not permit the rigid enforce-
ment of the laws, that it was impossible in the very nature
of things to faithfully execute, on our part, the treaty
promises made; and we have also attempted to find the
difficulty which has been met, in the unwillingness of those
who have been invited to be taught, to receive the instruc-
*
BE CONTROLLED AND IMPROVED ?
253
*
J
tion persuasively extended, and their incapacity to under-
stand or appreciate it.
The old idea, whether or not begotten in error, must be
abandoned because of the impracticability of even attempt-
ing to keep the races separated. Definitely established
Indian settlements in localities contiguous to white popu-
lation is imperative, and instruction must be imparted under
such circumstances. In future a treaty or contract system
cannot be maintained. Many provisions of the statutes
for the regulation of trade and intercourse will become ob-
solete, and the members of the tribes must be made person-
ally responsible to the criminal law of the country.
These modified relations were recognized, in part, by the
authorities several years since, when a determined effort
for civilization was undertaken by the inauguration of the
Peace Policy. Every red barbarian in the land was invited
to accept support from the Government, and to learn at
his leisure the blessings to be derived from permanent resi-
dence and agriculture. A radical and immediate change
in Indian life was expected, such as the new situation re-
quired; but sufficient comment has been made on the sys-
tem and its results to show that the scheme has disap-
pointed its founders and supporters. This experiment may
be considered as an extreme test of the possibility of effect-
ing Indian civilization under the conditions of tribal seclu-
sion and through mild persuasion. Unless some new
method of Indian control and treatment can be discovered,
the disturbances of past years will continue indefinitely.
The people demand that some system be devised, and
put in operation, by which our Indian population can be
permanently located, governed and improved, and that, too,
quickly, that the development of the country may be no
longer retarded, and that the safety of citizens may be no
longer put in jeopardy.
It is easier to criticise action than to discover expedi-
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HOW CAN THE INDIAN
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ents. It is much easier to theorize than to furnish sug-
gestions suited to circumstances. Still the experience of
the past helps to solve the questions of the future. We
should form a correct opinion of the results necessary to be
attained, and then enforce such action as will soonest bring
them about. And not only should we ascertain the impera-
tive claims of the near present, but should strive to gain
an idea of the far distant relation of the two races to each
other, from the study of experiment and natural tendency.
It is well known that no portion of the Indian popula-
tion can much longer maintain itself after its old customs
of life, for wild game can only be found in sufficient quan-
tities for its subsistence in small sections of the country.
It is well known that it is impossible to improve the In-
dian while in a nomadic state, and that in such condition
he is a constant source of menace to pioneers, and to the
frontier settlements. It is also well known that much of
the country now rendered insecure and unremunerative
because roamed over by irresponsible tribes, is sought by
our citizens for occupation, and that it is desirable that
routes of travel be opened through the same which can be
safely journeyed over by the public. In fine, it is well un-
derstood that imperative necessity and the interests of
both races demand, that the entire Indian population shall
be permanently located, either individually by tribes or
collectively, and that it be compelled to conform to the
laws of the country. It might also be stated as a fact, that
this population must be compelled to work for its food,
which must in future be largely gained through agricultu-
ral toil, for neither charity, gratitude nor justice, requires
the Government to feed it in idleness, and its own well-
being and prosperity calls upon it to labor for its own
maintenance and support.
The questions which arise for determination are these :
By what process shall the tribes be localized? Should
BE CONTROLLED AND IMPROVED ?
255
they be placed upon a single large reservation, or upon -
scattered fragments of territory? How shall law be estab-
lished over them, and how can they be made self-sup-
porting? These are questions of primary importance,
and each relates particularly to those bands still devoid of
decidedly permanent habitation, although some of them
may be in temporary occupancy of tracts of land. The
questions of control, of compulsory labor, and of improve-
ment, are pertinent to every tribe within our borders.
The subjects must be looked at in their true aspects.
No false sentiment based upon imaginary rights and wrongs
incident to past treatment, should be allowed to have
weight in the formation of opinions. That old benevolent
idea of original landed proprietorship should be entirely
discarded, for whatever equity it may contain, more than
the market value of the territory will doubtless be consumed
in efforts for Indian amelioration. Circumstances should
be viewed as they actually exist, and the welfare of both
races taken into consideration in framing decisions.
And first, what course should Government adopt
towards those irresponsible tribes which are alternately in
a state of pauperism or pupilage, and open hostility: which
occupy at times large reservations, where they are sub-
sisted in idleness, and then upon the return of summer
renew their nomadic life, and set all laws at defiance ?
Shall a system depending for its success upon the inclina-
tion or desire of the Indians themselves be still pursued ?
Experience teaches that many thousands of dollars must
be gratuitously expended for every man, woman, and child
within such tribe, independent of all cost of the police
regulations necessary to be maintained for a long term of
years, before it can be flourishingly localized. The crimes
and murders which will be committed during the period,
might also be placed at a high figure, but are too greatly
subject to contingencies to be approximated.
י
256
HOW CAN THE INDIAN
..
Shall force then be used? Not unless a saving of blood
and treasure can be expected, and the ultimate good of
the Indian race thereby subserved.
A short time since it was announced "that it was
cheaper to feed the Indians than to fight them." Be that
as it may, the feeding process does not seem to diminish
wars, nor has it apparently improved Indian disposition or
estate. Force is now employed to resist attack, and is
stayed when the enemy ceases to slaughter. The Govern-
ment merely strives to defend itself against its rebellious
children, instead of correcting them through any form of
coercion. Is it not the duty of a kind parent or guardian,
to exact by adequate compulsion correct action on the part
of the child or ward? The welfare of the Indians-the
wards of the Government-demands that they be perma-
nently established in residence, and such is the interest of
all parties concerned. Why not, then, if practicable, place
them and keep them in proper localities?
The doctrine of force seems at first sight harsh as well
as extravagant, but it is necessary to put it in practice if
entreaty is a failure, and it might be made to appear that
the thorough application of that doctrine would prove
humane and economical.
The sooner the Indian can be compelled to select his
abode and be made to understand that it is definitely fixed,
the sooner will he be induced to turn his attention to agri-
cultural labor. A roving tribe, which has been fed and
instructed in form at its agency during the cold season,
but which moves its lodges, and deserts its cabins, for the
purpose of pursuing the buffalo as soon as the weather
becomes favorable, and indulging its wild nature, cares
nothing for the instruction offered and cannot be induced
to interest itself in any kind of manual toil.
It will con-
tinue the same lawless and troublesome mass, as long as
there is game to feed upon, or while the border inhabitants
BE CONTROLLED AND CIVILIZED ?
257
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can be made to contribute to its support. But place that
tribe under the care of a controlling force; let it be made
conscious that it is obliged to remain at the agency, and
that should it break away therefrom, it would assuredly be
driven back, and it might become interested in the place,
desire to construct houses, and to grow fields of grain.
The force should be adequate to the emergency, and in-
structions executed to the full letter. Better for the tribe
that it pay the penalty of disobedience in blood, than that
it be allowed to triumph over authority.
We have already commented upon the fact that the
beginning of true social advancement, that the funda-
mental law of all civilization, of whatever character, con-
sists in obedience, and self-imposed restraint. A knowl-
edge of abstract individual rights, and a willingness to be
governed by the regulations prescribing them, alone pre-
serves well organized society.
Experience teaches that centuries pass before the bar-
barian, left to himself, learns to restrict action within
proper limits. Experiment shows that the Indian race
cannot be induced through persuasion, to practice this first
necessity of lasting improvement. History demonstrates.
that tribes and nations can quickly learn self-restraint,
through a present controlling external power. A forcible
restraint upon the tribes, compelling them to remain with-
in assigned boundaries, would impress upon them the
primary lesson of obedience, of which they stand in so
much need. The more such force is exerted to execute
definite, just and simple regulations, the sooner will they
be satisfied to conform to legal requirements.
While considering the value of a thorough police sys-
tem, capable of restraining the wild tribes within definite
boundaries, as an aid in correcting their wandering pro-
pensities, and enforcing a lesson of obedience, it might not
be amiss to allude to the benefits which would result from
:
1-
.
258
HOW CAN THE INDIAN
the establishment over them, after compulsory settlement,
and indeed over all the tribes, of a criminal code of laws.
A sense of individual responsibility, and consequently an
idea of relative rights and obligations, is quickly formed
when the commission of crime, or the infringement of
others' privileges, is followed by punishment. Personal ac-
countability for offences to the law of the land without the
possibility of escape, makes peaceful subjects. The vi-
tality of all law depends upon its proper administration.
A penal statute is enacted to restrain the depraved class
of community, and lives only in the execution of its pen-
alties. Far more advantageous for the welfare of a civil-
ized people, that definite law be proclaimed, and fully
carried out, even if it does not answer its demands, than
that a wise system of legislation become dormant through
lack of proper enforcement. An unjust law, maintained
in letter and spirit, will do more for the improvement and
civilization of a semi-barbarous people, than just laws
feebly executed. The imperative needs of the whole In-
dian population within United States limits is a prescribed
rule of action, simple and just in its provisions, attended
by a power capable of compelling obedience to its re-
quirements.
It is not necessary to impose at once our whole criminal
code, and indeed it might be the part of wisdom to with-
hold for a time such portions as could not be readily com-
prehended by the Indian mind, lest it give rise to con-
fusion and groundless apprehension of insecurity. Those
plain prohibitions which the law has made to guard life and
liberty of person, and which forbid robbery and stealth,
require little interpretation to bring them within the
understanding of the uneducated. Let them be extended
over the tribes, and firmly impressed through virtuous
decisions and the rigid execution of the penalties adjudged,
and soon the license which now characterizes the conduct
BE CONTROLLED AND CIVILIZED ?
259
•
of the Indian in his dealings with his fellow man, will be
measurably corrected, by a knowledge of and a regard for
the rights and privileges which belong to every individual.
Ten years passed under the corrective influences of our
courts, and their appliances, would free his mind from the
enthralment of ignorance and vice to a greater extent than
a century of persuasion and teaching. Objections will be
made to a policy of forcible treatment on these grounds,
viz: That the Indian tribes are possessed of certain na-
tional attributes, and therefore their internal affairs cannot
be regulated by the Government; that existing treaty obli-
gations forbid any interference with those affairs, and that
it would be inhuman to put in operation any such system
of forced responsibility, since the tribes have been perse-
cuted, defrauded and in part demoralized, by our fault and
neglect, and since the means sought to be effected can be
accomplished through milder measures. It is not intended.
to again discuss the matter contained in these objections,
but only to show by a glance how untenable are arguments
based thereon.
Necessity controls action, whatever the obligations
created by past promises. Conditions due to fallacious
judgment and erroneous treatment, which render impossible
the carrying out of previous intention or the fulfillment of
stipulated agreements, must be governed by existing circum-
stances. The stern logic of facts pronounces the first ob-
jection indefensible. The fiction which was once admitted,
that tribes possessed sovereignty as nations, did not in truth
create them dependent or independent powers. Relieved
of our treaty embarrassments, we would deem them, and
without fear of contradiction, part of our subject popu-
lation. But notwithstanding those perplexing treaties
which declare our opinions on the question of sovereignty,
is it not undeniable that they are, as now circumstanced,
without that quality in any particular?
..
260
HOW CAN THE INDIAN
The disposition of the second objection is much more
difficult. The nation's faith is pledged to a line of conduct
which cannot be carried out, and it has been so pledged be-
cause of lack of foresight regarding celerity of national de-
velopment, and false impressions concerning the ability of
the other party to the contract, to fill the situation which
it was supposed he would occupy. Accepting this state-
ment of the case, the objection might be met by the plea
that the supreme and unwritten law which neutralizes all
constitutions and statutes in cases of manifest necessity,
which legalizes action taken to meet unexpected exigencies,
now places the Indian tribes under the guardianship of the
United States even without their expressed consent. The
proposition seems wild upon first thought and somewhat
dubious after mature reflection, but consider well the rela-
tion which this population holds to the Government, as
shown by actual attitude, and does it not appear that from
the very nature of the position it is amenable to its author-
ity? Suppose, by way of illustration, that some Indian of
a small treaty tribe, injured in person or robbed by his as-
sociate, should appeal for the protection of life or for the
restoration of property, would it or would it not be the duty
of the United States to listen to the complaint? Under
its constitution and statutes it could not interfere. The
aggrieved party must seek safety and protection within his
own tribal organization, and there he is not able to obtain
either. The law of nature and humanity would not turn
a deaf ear to his entreaties. He is a subject of the United
States to all intents and purposes, if not a citizen, and is
entitled to the protection of its courts. Suppose that he is
wronged by some member of a treaty tribe other than his
own, how can he obtain redress for his grievances? The
declared law of the land gives him none. He must take
punishment in his own hand and content himself with such
retaliation as he may be able to inflict, else peaceably submit
BE CONTROLLED AND CIVILIZED ?
261
to his injuries. As well base moral reflections upon a lie,
as to excuse murder because of treaty stipulations founded
upon the fiction of independence. The agreements which
could only exist upon a mistaken supposition of facts, are
opposed by public policy and are hostile to public morals.
It is the duty of the Government to protect the individual
members of the Indian population in the exercise of their
inalienable rights, and the execution of that duty necessi-
tates the action of our courts under the guidance of a well
defined criminal code.
But a different answer may be found to the objection.
The facts are supposed to be these: The Government has
made certain admissions and promises in treaties which re-
quire it to recognize as Indian territory large tracts of land,
and forbid it to exercise any control over the internal affairs
of tribal communities. The existence of these treaties is
universally deplored, but no escape therefrom can be dis-
covered, unless through the consent of the tribes, without a
violation of the national faith. It is admitted that those
tribes should be subject in all particulars to governmental
authority, and the inference that they are really so, is drawn
from the statute which disallows any further contract by
treaty. The difficulties then, which oppose a change of
Indian treatment, arise from a construction of law based
on action committed through erroneous beliefs.
One exit from the perplexing situation which all would
approve, could it be wisely effected, would be an abolish-
ment of the treaties through a bargain with the tribes.
This, though a strange proceeding, as the latter must
agree by contract to give up the privileges which they
hold by treaty, would soon place the Indians in their
proper status. But the trials made during the last few
years, are sufficient to convince a candid person of the
impossibility, or at least the impracticability of consum-
mating such a bargain, for at the present time millions of
1.
262
HOW CAN THE INDIAN
dollars are demanded for a transfer of land, or the sur-
render of an imagined vested right, where formerly a few
thousand would suffice. The country could not afford to
indulge in the lavish and unjust expenditure which a
purchase of this nature would involve.
If the object cannot be attained by contract, the only
course remaining to be pursued is by an apparent ex-parte
action under statute. We say an apparent ex-parte action,
since the action could only be such in legal aspect and not
in reality. Congress must sooner or later determine a
remedy. The territory claimed by the Indians must be
abridged, and control established over them, and if these
necessary measures cannot be accomplished through rea-
sonable purchase and consent, resort must be had to
forcible expedients. To what extent can they be applied
under strict legal principles ?
The tenure by which the tribes are in possession of land
is really of the same character as that by which a private
citizen holds his patented real estate. The patent is
equivalent to a warranty deed, with full covenants, and
such an instrument passes continued complete ownership.
The estate belongs to the patentee and his heirs forever.
So the tribes have been invested with real property, with
power to hold the same for all time. They gain no greater
title in law by reason of original occupancy, for their
tenure, in such territory, is the same as that conveyed by
treaty. Their title and that of the private citizens, in the
land occupied by them respectively, does not differ in any
particular. In either case the Government holds the
ultimate fee, and can exercise the right of eminent do-
main. If public necessity demands portions of this estate,
for highways or for permanent use and occupancy, it can,
through the forms of law, take possession of the same, and
cancel the holder's claim by paying an appraised valuation.
Analogous deductions follow the further application of
BE CONTROLLED AND CIVILIZED ?
263
strict rules to facts. It must be remembered that Con-
gress has found that the tribes are no longer in any respect
sovereign, and therefore the nature of political relations
with them has materially changed. One of the parties to
the treaty stipulations has expired and left no successor.
Expired too by its own act, since it freely relinquished
whatever national attributes it ever possessed in those same
stipulations. What becomes then of the treaties? Do they
live and can they be enforced? Admitting that the Gov-
ernment should, if possible, perform its promises, which
they contain, how, we ask, can it leave the tribes to their
own control?
The moment the latter lost their sovereignty they
passed under United States laws. The members thereof
at that time became subjects, and Congress could not con-
stitutionally exempt them from the resulting legal ac-
countability, even had it been disposed to do so. They
are not children nor people of unsound mind. They
formerly constituted nations with which the United States
contracted by treaty. They did not fall from that estate
into legal imbecility. Those stipulations which promised
self-government, expired with nationality, and the mem-
bers of the tribes are, by strict construction, responsible for
their actions to United States authority. They are in
theory answerable to the criminal law of the country, and
it can and should be extended over them practically.
While roving over an extensive territory they are able to
elude justice, consequently they must be confined to such
limits as will insure their liability to proper jurisdiction.
Similar conclusions might be reached upon any presen-
tation of legally acknowledged facts. View the Indian
treaties as past international compacts, or as the deceitful
proofs of a deceitful and unnatural policy, their validity as
binding unexecuted agreements, either in law or morals,
may be seriously questioned.
R
.
264
HOW CAN THE INDIAN
So much of the remaining objection as asserts that the
tribes have been demoralized by reason of the mistakes or
negligence of Government, and that they can be quickly
improved or effectively controlled by mild and persuasive
measures, has been already sufficiently answered in preced-
ing chapters. The conclusion that a system of forced re-
sponsibility could not be rightfully practiced would, if the
views which have been advanced are correct, be of slight
importance. The apparently humane idea that the Indian
population is excused from accountability for criminal con-
duct, because of ignorance or because of wrongs received, is
not in accordance with commonly accepted Biblical doc-
trine. The ignorance of man is a sin, if instruction freely
offered for his enlightenment is refused. It will not pre-
serve him from future punishment if he is guilty of wicked
action nor will it justify retaliation. Surely that class of
citizens which has the welfare of society at heart, and
which believes that the decrees of Divine wisdom would
not permit ignorance and moral obliquity to palliate
offences, could not consistently oppose the establishment of
a penal code of laws over our Indian tribes, upon the
simple dictates of humanity.
But neither rigid legal conclusions nor the claims of
expediency ought to prevail over the conscientious dis-
charge of a duty when it can be fulfilled. Although the
specific performance of Indian treaty agreements is
manifestly impossible, they have some validity when con-
sidered as moral obligations. Those promises of the Gov-
ernment which affect territory and stipulate the continued.
payment of annuities, may be cancelled for a money con-
sideration, and this mode of procedure appears to be the
only honorable course which can under the circumstances
be pursued. A fair appraisement of the market price of
the land not needed for agricultural and grazing purposes,
and a proper estimate of the present value of the annuities,
+
BE CONTROLLED AND CIVILIZED ?
265
·
should be made, and the sums adjudged should be appro-
priated and held in trust to be expended for the benefit
and education of the tribes. The necessary legislation
might then be passed to fully explain their actual status
and to fix conditions for future control.
The Indian opposition with which a policy of enforced
restraint would be obliged to contend, cannot be ascertained
except by experiment. Opinions on this subject would
vary widely, and all would be supported by unsatisfactory
speculation. A fair presumption would lead to the sup-
position that the tribes still roaming would stoutly contest
all attempts to keep them within the boundaries of small
reservations, and that many of those already settled would
resist the officers of the courts engaged in serving process.
As regards settlement, much depends upon the extent to
which the freedom of the individual is abridged. A meas-
ure which forbade the person simply to pass beyond certain
narrow territorial limits would be an unnecessary check to
liberty and calculated to provoke hostility. Combinations
of individuals absenting themselves for lengthy periods,
passing the time in wanderings and relying for subsistence
upon the indulgence of their former hunting habits, is the
proceeding which must be especially guarded against, since
it defeats the purposes which are sought to be accomplished.
This continues the natural characteristics of restlessness,
⚫vice and indolence, and retards any growth of interest in
local habitation, and a permanent home. Occasional ab-
sence of individual Indians from their reservations, might
not impede instruction nor work any injury, and they might
esteem a permitted absence a privilege.
There is likewise an opportunity for the display of wis-
dom, when practically establishing the jurisdiction of
courts of justice. Light offences might at first be over-
looked and only those persons guilty of grave crimes and
misdemeanors be subjected to arrest, trial and punishment.
12
266
HOW CAN THE INDIAN
}:
Į
This would bring the action of the courts within the intel-
ligence of those liable to answer for their deeds, and they
could therefore act understandingly.
With the exercise of prudence in management as re-
gards such particulars, opposition, if not allowed to prevail
at the outset, would soon become weak. The tribes will
submit when they feel that a controlling force is exerted
to accomplish a definite object and is not cruelly exercised,
although it may abridge the freedom formerly practiced.
Inquiries regarding the means proper to be used to
promote the education of the Indian population, when con-
fined on reservations, are pertinent in this connection, since
upon them will depend largely the vigor and endurance of
its determination to resist the restraints advocated. If its
necessary wants can in some manner be supplied, it will
much sooner be disposed to accept the new situation, and
if the comforts of life could also be obtained, a contented
acquiescence might finally result. We intend to make but
a few suggestions in this connection, and they will be of a
general character.
Aid must be extended, but it should be of such a nature
as to encourage, if not force, industry. Subjection to law
will crush out all vestiges of tribal authority and assist to
create individual responsibility. Some additional expedi-
ent should be resorted to to break up community of interest
and to abolish tribal ceremonies. Then whatever exertions
are put forth by the Government, they will be brought to
bear directly upon the person, and in this way only can
they be made effective. This indispensable requirement
of public action should be kept steadily in mind. The
agent should be vested with sufficient authority, and
granted the requisite power, to enable him to practically
discourage all forms of communism. Assistance should in
all instances be extended to the individual, who should be
made responsible for its uses or abuses. It must be sup-
BE CONTROLLED AND CIVILIZED ?
267
plied in a variety of forms. The Indian must be subsisted
for a time, as well as furnished with domestic implements
and educational resources, but conditions should accom-
pany those gifts which are intended for consumption, or as
appliances of labor, and attendance be compelled whenever
instruction is imparted. The conditions meant are these:
That work should be exacted of the person who receives
food, and that he should not be allowed to retain such tools,
agricultural equipments and household utensils as are pro-
vided for him, unless he properly applies them.
By the compulsory measure suggested, we would be
understood to convey the idea of the necessity of obliging
attendance at such simple educational institutions as must
be put in operation to secure mental improvement.
This qualified bestowal of benefits, or rather these forced
conditional gifts and advantages, are essential in order to
effect the progress of the Indian. The visionary concep-
tion that he will voluntarily employ the means placed
within his reach to enable him to take up and faithfully
pursue a laborious occupation, conflicts, we maintain, with
all the teachings of experiment. Instruction and material
aid must not only be offered, but the intended recipient
must be compelled, in some manner other than by peaceful
argument and spoken encouragement, to take and profit by
them. In placing restraint directly upon the individual, in-
stead of reaching him through an intermediate tribal organ-
ization, the possibility of effecting desired results is created.
Of course the heads of families of a roving tribe must,
after settlement, commence the cultivation of the soil, and
definite portions of land must be assigned to them upon
which they may erect their cabins and establish their homes.
Let them understand that much of their food will depend
upon their exertions in planting fields and tending crops,
and that they will be unmolested in their occupations. Let
them be practically instructed and furnished with imple-
268
HOW CAN THE INDIAN
-.
ments as soon and as long as they are disposed to use them
advantageously, otherwise to be deprived of them, and let
stringent regulations be carried out, giving but meagre
subsistence to the idle and permitting the industrious to
reap the full benefits of their labors. Make labor an object
by allowing its rewards to increase the comforts of those
who expend it, beyond that of their less industrious neigh-
bors by the full value of its proceeds. Assist those dis-
posed to work to prepare comfortable dwellings, and sup-
ply them with the furniture and utensils necessary to
proper domestic life, and finally let all appliances and
means be resorted to which will strengthen the sense of
individual importance, responsibility and reliance, whether
by encouragement, compensation or punishment, according
as conduct merits commendation or reproof.
While this most important lesson is being impressed, a
practical understanding of a new mode of life is being
rapidly acquired. Rapidly we say, although that word needs.
qualification. We mean as rapidly as Indian characteristics
will permit, for it cannot be expected that natural improvi-
dence and indolence can be mastered without a long and
severe struggle. Yet such a course of treatment will pro-
duce dual results, each having the same tendency, and both
necessary to be achieved before the Indian can be fitted to
occupy his destined political position, which is that of citi-
zenship. The first and most essential of these, although
its importance seems hitherto to have been greatly over-
looked, is a fixed individual accountability to authority,
accompanied by a definite comprehension on the part of the
person, of his duties and obligations and his legitimate re-
lation to society. The second, and that which has been
sought by the Government in all past dealing, is a practical
knowledge on the part of the Indian of the habits and oc-
cupations which must be voluntarily observed and followed
by him, before he shall cease to be a burden, and before he
BE CONTROLLED AND IMPROVED ?
269
can be invested with political privileges. The former sus-
tains the latter and insures its accomplishment. The latter
cannot be permanently secured except through the exist
ence of the former. Every step, therefore, gained towards
both results is an advance in the direction of substantial
progress.
The compulsory process which must be resorted to, in
order to impress that other requisite of true advancement,
should be considered. Owing to the indifference of pa-
rents in the matter of their children's education, and the
absence of any kind of family government, it has been
found impossible to secure the attendance of the Indian
youth at the schools provided for them. The children,
soon tired of restraint, withdraw, and mild inducements to
correct the evil have thus far failed. Statistics yearly sent
to Washington from the agencies, would make the state-
ment appear erroneous, but it is believed that no portion of
the official reports are more calculated to deceive than
those which give the enumeration of the scholars yearly
instructed. Our statement is true, if allowed general ap-
plication, and is supported not only by naked fact, but is
rendered probable by the very nature of circumstances.
The difficulty should be met in some way, for without
the proper application of this measure, the Indian popula-
tion cannot very soon reach that point in civilization
which would suffer citizenship to be conferred. The
unnatural mental development which it must undergo
before it can rightfully demand the privilege, cannot
be effected, except by impressing the minds of its children
with wholesome instruction, and fixing upon them differ-
ent habits than those which have governed their fathers.
The great advantage to be gained in supplying the cabins
of adults with utensils, furniture, and those articles which
are commonly looked upon as household comforts, is that
the young, becoming accustomed to their use, will con-
270
HOW CAN THE INDIAN
sider them necessities in after years. The parent can
be taught to plow, to sow, to reap, and to construct
buildings, but cannot be made to unlearn the practices
of his youth, and will, unless sustained and restrained,
glide back into them. He would not be profited by the
study of books, for his creed, opinions and twisted theories,
cannot be supplanted. The child takes by inheritance,
it is true, but he can be modeled. The course of natural
tendency may be changed somewhat, and a second nature,
as it were, fabricated. By such action, persevered in for
a few generations, might the white and red races be
gradually assimilated both in thought and belief. Schools
should be maintained, and the children be compelled to
attend. Parents must direct it, and the children be
encouraged to yield a willing obedience. A rule estab-
lished to accomplish the purpose, can only be successfully
carried out through the instrumentality of the former, and
their acquiescence and support must be secured through
conditions affecting their interest or desires. The course
of treatment herein recommended, should be extended as
far as the same may be applicable to the tribes already
definitely located. They also need to be taught the lesson
of individual accountability and self-reliance. They re-
quire prescribed law, and more correct conceptions regard-
ing the necessities and advantages of labor. Treaties should
be annulled, a criminal code imposed, the rights of persons
protected, and educational regulations carried out. In no
other way can tribal influences be overcome, and inde-
pendence of character established.
The success of such radical measures demands vigor,
ability, and integrity of administration, and the results
which it is believed would follow, are those which have
been desired since the foundation of Government. The
great Indian problem, simply stated, is this, and nothing
more: How shall the Indian be converted into a law-abid-
BE CONTROLLED AND IMPROVED?
271
ing, self-supporting member of society, and not how shall
tribal structures be preserved, or how shall Indian nations
be built up? The measures suggested lay hold of the
individual, and bring him out of the darkness, which
tribal influences throw around him. They place his feet
in the path of true development. They allow him neither
to fall back, nor turn aside, and assisting him by advice
and encouragement, they bid him journey on and secure
his manhood.
A strong, efficient force would be required to fully in-
augurate these innovations in our system of Indian man-
agement. It might not be expedient to commence pro-
ceedings against all the tribes at one and the same time.
The necessary laws might be enacted, and they might be
put in operation among those bands which are hostile or
troublesome. These must be forcibly driven upon reserva-
tions, and there they should be forcibly held. While this
labor is being expended, the extra force required to carry
out the measures of control proposed, would be inconsidera-
ble, and its maintenance would result in a saving of money,
because under the present policy the bands, when driven to
their agencies, where they are fed in idleness, deliberate
upon and mature projects for future hostilities, and having
perfected arrangements, go boldly forth to execute them.
Then they must be again met and compelled to promise
peace. Placed at their agencies under the vigilant eye of
an energetic police or military power, and disarmed of all
weapons of war, they would be obliged to check their pas-
sions and seek a change of employment. Not until then
are they prepared to listen to proposals for fixed abodes,
cultivated fields, and productive labor. Even if the yearly
expenditure thus incurred is in excess of amounts formerly
paid out, the course will prove economical in the end. If
the measures are pursued with persistent determination for
a short term of years, the tribe subjected to the action will
?
J
1
272
HOW CAN THE INDIAN
L
#
1
have reached the position of those already sufficiently
advanced to be officially termed civilized, whereas under
past treatment, millions of money and decades of years
would be required to force it to that point.
Those tribes which are already localized and are osten-
sibly following agricultural pursuits, would not probably
make any decided united opposition to the increase of re-
straint, which must necessarily follow the introduction of
new features in our Indian policy. Part of them have
ceased to be a threatening element of our population. An
armed force is not required to hold them in check as at
present situated, and should a change of treatment compel
its establishment, public expense would be augmented
thereby. Still, politic proceedings on the part of those en-
gaged in exercising control might avert serious disturb-
ances, although there would undoubtedly be many in-
stances of individual enmity. The actual or near presence
of a power able to maintain the peace and execute, orders,
would be a wise precaution against meditated danger, and
that the prudent might with good reason predict trouble
even with our most cultivated tribes, in many cases which
must arise, is shown by the conduct of the Cherokees a few
years ago when they defied the lawful writs of the United
States Courts.
Evidently the force at the command of the Executive
head of the Government is entirely inadequate to the full
inauguration of an active Indian policy of restraint. Pra-
dence and expediency might dictate that it be put in actual
operation only among those tribes which threaten the
rights and the lives of peaceable citizens, and possibly those
still totally unreclaimed. On purely economical grounds,
however, we believe that its complete and vigorous enforce-
ment upon our entire Indian population, as quickly as
adequate arrangements can be made, would prove beneficial.
It must be applied and cannot be indefinitely deferred.
BE CONTROLLED AND IMPROVED?
273
The relative local positions of the two races will not long
permit a continuance of past proceedings. Much of the
territory now covered by treaty stipulations must be
cleared of its incumbrance. Tribal institutions cannot be
perpetuated. The Indians must shortly come out from
under their baneful influences and unwarrantable protec-
tion. They must be fitted by some process more speedy in
the production of desired results than the present one, to
engage in the struggle for the necessities of life through
lawful occupation, else be overwhelmed by opposing agen-
cies. The millions of dollars now annually expended in
their behalf in measures of restraint, maintenance and
education, might in so far as the money prepares them to
become American citizens or indeed intelligent and vir-
tuous subjects, be considered as almost wasted. That por-
tion appropriated in support of the two last named meas-
ures may be regarded as the cost of a mistaken charity, or
as tribute rather, exacted as the price of peace.
The yearly payment of the entire sum must be con-
tinued while the present system of management is pursued,
without effecting any great degree of permanent good, and
finally force, either for destruction or restraint, must be re-
sorted to. That sum, increased by a small fraction thereof,
would, we believe, if properly applied, be sufficient to estab-
lish and maintain the conditions of control we have named.
Much of it would accrue from the fund created by the
equitable extinguishment of treaty land title and of prom-
ised annuities, for which the Government would receive an
equivalent, and which, sooner or later, it would be morally
bound to pay. In reality therefore the gratuitous expen-
diture would not be greatly augmented. Each year of
successful management would diminish the fear of out-
breaks, and the force could be correspondingly decreased.
Each year of successful management would also, it is be-
lieved, firmly impress upon the Indian more correct ideas
12*
274
HOW CAN THE INDIAN
of life and duties, and the cost of supporting him would be
gradually lessened. Economy and the welfare of both
races interested in the issue advise the full adoption of the
policy.
Suspicions that a forcible course of treatment brought
to bear upon the members of the tribes would produce any
determined and united hostility on their part, cannot we
say, be reasonably entertained, and yet should there exist
a well grounded expectancy that such would be the case,
the proper action should be applied, and the necessary
preparations made to meet the anticipated emergency. It
is worse than folly to continue the present system in all
its features. It drains the treasury of the Government,
and will do so indefinitely, without bringing about any of
the results aimed at, not even preserving friendly rela-
tions.
The mistaken notion still prevails, that the Indian
population should be concentrated upon one or possibly
two large reservations. Sufficient has already been said
upon the effect, as regards progress in civilization, produced
by the removal of the eastern tribes to the territory west
of the Mississippi River. It was maintained that their
growth, mentally and morally considered, was retarded and
not accelerated by the change, because it deprived them of
the example and influence of regulated society. It was
also maintained that the collection of such large bodies of
Indians upon a centrally located and large tract of territory
within the United States, would create further disturb-
ances and a variety of legal conflicts, because of the at-
tempt which was being made to erect by the treaty process,
a quasi nationality, or at least a subject government of
purely Indian constituency. It was affirmed that any such
creation of the character designed, could not be constructed
and operated, because it would be an anomalous political
institution. We shall not therefore speak further of the
BE CONTROLLED AND IMPROVED ?
275
erroneous practice still persisted in, of transferring bands
of Indians from populous localities to places remote from
those in which civilization has been established, nor of the
dangers to be apprehended from the false measure of con-
centration, except as allusions to the benefits which it might
be conceived would follow a contrary course of action may
make it desirable.
After a careful consideration of the objects which it is
important to accomplish, the impression that the reserva-
tions for the permanent occupation of the tribes should be
in the neighborhood of white settlements, should be of very
limited extent and many in number, is confirmed. This
view would not be agreeable to the inhabitants of States
and territories who dislike the proximity of Indians, but
the good of the latter has been alone considered in reach-
ing the above conclusions. Contiguous neighborhood
would not only afford near example, but would render less
difficult the administration of law. Trial by jury ought to
be followed, as the constitution requires, and legal practices
should conform to those universally existing throughout
the country, both that the spirit of liberty might be main-
tained by common custom, and also that the courts might
have precedent to guide action. In order to carry out
such usages acceptably, judicial districts should contain a
fair proportion of inhabitants capable of serving as jurors in
trials. Legal innovations adopted to suit a particular class
of the public are dangerous to the permanency of our institu-
tions, and that such must be introduced in order to success-
fully apply the law to the majority of the Indian commu-
nities, might be presumed, if upon them alone is to depend
indictment, and the discovery of facts constituting crime.
And here a question arises for consideration :-Whether
the United States Courts should alone take cognizance of
the crimes committed by Indians on their reservations,
or whether the courts of States and territories in which
276
HOW CAN THE INDIAN
¡
the same may be located, should pass upon them.
The former have no inherent common law jurisdiction,
but only such as is conferred by statute, and should they
exercise sole judicial control, a code of criminal law must
be enacted by Congress, intended to apply specially to the
Indian population, or at least Congress must declare the
common law offences criminal, before its courts can take
cognizance of the same. In the absence of treaties and
statutes, expressly forbidding it, state courts could now
exercise jurisdiction over all reservations, situated within
State limits, and this right has been declared by several
State legislatures. To obviate, then, the necessity of
enacting a special code, applicable only to a small portion
of our population, treaties might be annulled, and all
prohibitory United States statutes repealed, and thereupon
State and territorial courts could exercise the needed
control. In such an event, Indian residence should be
within organized counties, and in proximity to white
inhabitants, who are capable of performing the duties
of intelligent jurymen. It might be better, however, to
vest in the district court of the United States the sole
interpretation of the laws regulating Indian action, and
then a simple code of criminal law, which might be com-
prehended by the Indian mind, could be put in operation,
and the Government would continue to retain entire
supervision of its wards, until they shall have acquired
sufficient intelligence to understand our complex system
of judicature and individual accountability. Even then,
the tribes must be so located, that resort may be had to a
body of citizens, to assist in the administration of justice,
both as judges of facts involving questions of alleged
offences, and as officers enforcing the mandates of the
courts, for unreconstructed Indians would be entirely
unreliable in those capacities.
Reservations of great extent are undesirable. If they
BE CONTROLLED AND IMPROVED?
277
are larger than required to permit the accomplishment of
the purposes of settlement, they are an evil. The custom
of granting a section of territory, or even a tract contain-
ing many square miles of land, that the Indians may
indulge their propensities to roam about, weakens the
effect of civilizing influences. It also keeps a tribe in
perpetual unrest, since periodical demands will be made
by Government for those portions actually unoccupied, as
the citizen, immigrant or corporation, may make request
therefor. This both renders it impossible to fix in the
mind of the Indian a feeling of security in his home, and
shakes his belief in the public assurances of future per-
manency which are always given him, whenever abridg-
ments of territorial limits are made. Whatever amount of
land is needed to enable him to follow the pursuits to
which he is called, should be allowed him at once, and
nothing more. Even with that intent in view, he would
probably receive more than a required share; for the
American idea, that one hundred and sixty acres are
indispensable to a white inhabitant seeking to support a
family, is generally enlarged when the requirements of
the red race are considered. It seems, then, to be the
opinion, judging from past actions, that reservations
should contain one hundred and sixty acres for each
Indian, man, woman and child, or a square mile for each
family domiciled. Five times this amount might prove a
scanty quantity, if situated on those barren plains of the
West, but if selected in a fertile section of country, where
abundant crops would reward the husbandman's labor,
it should be greatly diminished. The American farmer
suffers more from too great possessions in land, which
he poorly cultivates, than from a limited supply. The
work which he performs, if wisely expended upon fifty
acres, would yield more profitable returns than if thinly
spread, as is too apt to be the case, over thrice that num-
278
HOW CAN THE INDIAN
ber. The soil of Belgium supports three hundred and fifty
persons to the square mile, and it is estimated that the
continent of Europe, already peopled in the ratio of seventy
inhabitants to six hundred and forty acres, might with
proper tillage, independently sustain a doubly increased
population. No Indian family can prosperously cultivate
nor make use of more land than the white settler, and not
more than the well-known quarter section should be given
it. Then the authorities can suffer it to remain in undis-
turbed possession of its home, and sincerely promise that
it shall enjoy the benefits of durable improvements.
The dimensions of reservations should be determined
by calculations based upon some such opinion regarding
agricultural demands, according to the number of proposed
occupants. Large tribes of Indians ought to be divided as
to residence. Experience proves that small tribes are
more susceptible of improvement than those which are
numerous, after both have been located. An aggregate of
one thousand or fifteen hundred souls, collected upon a
single reservation, exacts the entire time and ability of the
faithful agent and his corps of assistants. Small bodies
are also more easily tranquilized and influenced in all re-
spects than great ones. The attempt to collect large
masses upon reservations in the north-west, and there
control them efficiently, has resulted in disaster, because
of continued agitation and turbulence, which were there-
by rather provoked than allayed. Agents could do little
more than feed them, and if a portion reached a well con-
sidered intention to locate and till the soil, the opposition
was too strong to allow of its execution. Those reservations
became nurseries for treasonable projects and criminal
designs. Pampered indolence indulged in licentious de-
bauchery, and all those vices in which depraved barbar-
ous nature takes delight. The agent was at the mercy
of his people. His safety consisted in the fact that he
BE CONTROLLED AND IMPROVED ?
279
was the dispenser of Government bounties, and therefore
profit insured his preservation.
We do not intend to enter with any more particularity
into those measures of Indian policy which suggest them-
selves when considering the position and condition of the
tribes, and the requisite means of necessary education.
The main idea intended to be impressed is this :—that the
Indian, unless assisted by an overpowering force, will not
give up his old habits and follow peaceful pursuits; and
that if the Government does not apply this power, there
will be no radical improvement, until the force of circum-
stances effects the change. The methods of application
may be various, and some of them much more practical in
their natures than those hinted at in the foregoing pages.
It is however of slight importance what details are pur-
sued, provided they speedily, firmly, and without unneces-
sary harshness, fix in the mind of the Indian a sense of
responsibility, and a strong feeling of individual reliance.
These qualities secured, and the guardianship of Govern-
ment can be allowed to terminate.
It is possible, and we have thought highly probable,
that agricultural labor could not be induced, unless more
stringent measures than those suggested should be adopted.
And yet, a plan which should compel it, through the im-
mediate action of a present force, would impose a condi-
tion of slavery. So also the establishment of more rigorous
rules to inculcate moral precepts, and to make profitable
educational privileges, might be advantageous. Still, as
they should not act with needless unpleasantness upon
those placed under them, but appeal, in so far as they can
be made to do so, to inclinations and convictions produced
by the new surroundings, they should be as mild as emer-
gencies will allow.
Those fertile in expedients could work out numerous
plans, by which to impart the many necessary branches of
:
280
HOW CAN THE INDIAN
education, after the condition of rest is attained, and tribal
customs are weakened.
The question of the future relationship of the white
and red races to each other, cannot be satisfactorily deter-
mined. Very likely, the idea that a large civilized Indian
nation might be created, and preserved, within the country,
has been entirely abandoned. That has given way to the
hope that Indian communities may be perpetuated, and
made similar, in action and intention, to white societies.
Speculation, however, based upon tendencies as shown in
the past, might lead to the belief that such a hope cannot
be realized.
We have in mind more particularly, that gradual ab-
sorption of the Indian stock, which has been in progress
since the discovery of America, and which is even more
noticeable in Mexico, and in some of the South American
provinces, than in the United States. But even with us,
it has been so rapidly progressing, as to raise a strong pre-
sumption, that the Indian race will, in a few generations, be
practically absorbed. In eighteen hundred and seventy-six,
the Commissioner of Indian Affairs reported, that nearly
one-sixth of the Indian population of the United States,
exclusive of Alaska, was made up of mixed bloods; and
his figures show, that only about one half of the Cherokees,
Creeks, Choctaws, Chickasaws and Seminoles are of pure
extraction. These estimates are approximative, and really
enumerate the mixed bloods at too low a rate.
At many
of the agencies, a large number of the half and quarter
breeds there dwelling seem to be almost entirely ignored.
We would not attempt to say, whether this amalgamating
tendency is natural, or is due more particularly to circum-
stances; but simply state the fact that it exists, and that
there does not seem to be a sufficient antipathy of race to
prevent its continuance. If due to circumstances, the very
measures which have been devised to arrest its operation,
BE CONTROLLED and impROVED ?
281
have apparently assisted it. It is not those tribes which
have uninterruptedly lived in portions of thickly settled
States, nor those of the far West which have been undomi-
ciled, and therefore unaffected by law, which display, in
the greatest degree, the complexion and lineaments of the
whites; but those which have dwelt for a long time upon
the border of civilization, and have been subjected to the
regulations of the Indian Bureau. More than eleven-
twelfths of the New York Indian population is reported to
be of pure Indian blood, and the wild tribes show a much
greater race purity.
Undoubtedly, in localities where the two races inter-
mingle, the extent to which amalgamation or intermarriage
is practiced, depends largely upon the proportion of females
in the white population. If the two sexes are numerically
balanced, there is but little intermixture. Upon this
theory we will base the assertion, that within a few gen-
erations of time, the New York Indians will exhibit more
true representatives of the original stock than any of the
wild tribes of the plains.
If the measures which have been attempted in order
to prevent this social and domestic commingling, have not
really aided it, they have been powerless to prevent it.
Indeed, as the tribes are situated, it would be difficult to
suggest a possible remedy. There are but few instances in
history, where clans, tribes, or people, of a distinct stock,
have been so partial to their own lineage or descent, as to
be checked from affiliating with, and intermarrying among
those of a different origin and nature, in case both are
thrown into close neighborhood; whether or not there is
among either, disparity as regards the number of sex.
Religious antagonism and fanatical opposition have proved
greater restraints to admixture of blood than pride or love
of race.
People of varying types unite and become as one, when
+19
282
HOW CAN THE INDIAN
placed under the same system of laws, with equality of
freedom and political rights. The consequence of this
union is a new order of humanity, in which the character-
istics pertaining to both branches of ancestors are to a cer-
tain extent displayed. The fusion of discordant social
elements among the nations of Europe has resulted in
homogeneous populations. How many different races,
how many diversified civilizations, how many hordes of
barbarians, have been combined to make up the present
kingdom of Italy. Each has brought its influence to bear
upon the national character, and has produced mental and
physical modifications-even though foreign blood has not
at any time been sufficiently taken, to destroy traditional
sentiments.
The gradual absorption of our Indian stock will as-
suredly continue, and it is probable, that it will be finally
merged in the great body of our white population. The
question whether the unity of the two races will produce
vigorous physical organisms, is still debatable; and the
psychological inquiry, whether the product will be men-
tally and morally of an inferior order, is still unsettled in
the minds of many. Our own opinions upon the latter
subject are decided, and have already been advanced.
The cross will be an inferior being, both in mind and
morals, when viewed in the light of our civilization, or
rather, when measured by the rules prescribed by our civ-
ilization, as tests of nature and quality.
However much such an ultimate result is to be de-
plored, the effect will scarcely be perceptible upon our in-
stitutions, except in those sections of country where the
Indians shall have been collected in masses. They are
now in numbers, only as one to ninety of our entire white
population; and indeed as one to twelve of our colored
population. In nineteen hundred, the ratio of Indians to
whites, even if the two races can be restrained from much
BE CONTROLLED AND IMPROVED ?
283
intermingling, will be about as one to one hundred and
seventy-five. Whatever view therefore, may be taken of
this social problem, no decided effect can be produced upon
our national character. It is only in the event that In-
dians are collected in large bodies (which certainly, in so
far as attempted, seems to have encouraged amalgamation,)
that any danger is to be apprehended. Should a course
of action, having for its object the concentration of the
tribes, be persistently and successfully prosecuted, we
shall have, within the heart of the United States, an ele-
ment which will there prolong social disorder for genera-
tions to come. If scattered throughout the interior, its
avil effects will, in a short time, be neutralized.
THE END.
APR 2 6 1921

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