The Indian Question Part 4

This last consideration we have urged, not on behalf of the Indians, but in the interest of the present white communities beyond the Missouri, to whom such a dispersion of the tribes would be a far greater burden than the maintenance of the reservation system in its integrity could possibly be, and in the interest of a score of States of the Union yet to be formed out of that territory. Surely it is not in such cement that we wish to have the foundations of our future society laid.

We conclude, then, that Indian citizenship is to be regarded as an end, and not as a means; that it is the goal to which each tribe should in turn be conducted, through a course of industrial instruction and constraint, maintained by the government with kindness but also with firmness, under the shield of the reservation system. It is true that this system can no longer be kept up without sacrifice on our part. In the days of Pres. Monroe, the sequestration of the Indians involved only the expense of transporting eighty or ninety thousand persons to a region not settled, nor then desired for settlement. To-day there is no portion of our territory where citizens of the United States are not preparing to make their homes. To cut off a reservation sufficient for the wants of this unfortunate people in their rude ways of life; to hedge it in with strict laws of non-intercourse, turning aside, for the purpose, railway and highway alike; and, upon the soil thus secluded, to work patiently out the problem of Indian civilization,--is not to be deemed a light sacrifice to national honor and duty. Yet that the government and people of the United States cannot discharge their obligations to the aborigines without pains and care and expense, affords no reason for declining the task.

The claim of the Indian upon us is of no common character. The advance of railways and settlements is fast pushing him from his home, and, in the steady extinction of game, is cutting him off from the only means of subsistence of which he knows how to avail himself. He will soon be left homeless and helpless in the midst of civilization, upon the soil that once was his alone. The freedom of territorial and industrial expansion which is bringing imperial greatness to the nation, to the Indian brings wretchedness, dest.i.tution, beggary. Surely there is obligation found, in such considerations as these, to make good in some way to him the loss by which we so largely gain. Nor is this obligation one that can be discharged by lavish endowments, which it is of moral certainty he will squander, or by merely placing him in situations where he might prosper, had he the industrial apt.i.tudes of the white man, acquired through centuries of laborious training. Savage as he is by no fault of his own, and stripped at once of savage independence and savage competence by our act, for our advantage, we have made ourselves responsible before G.o.d and the world for his rescue from destruction, and his elevation to social and industrial manhood, at whatever expense and at whatever inconvenience. The corner-stone of our Indian policy should be the recognition by government and by the people, that we owe the Indian, not endowments and lands only, but also forbearance, patience, care, and instruction.

It is not unusual to sneer at the sentimentality of "the Quakers" and other active friends of this race. But we may as well remember that posterity will grow much more sentimental over the fate of the Indian than any Quaker or philanthropist of to-day. The United States will be judged at the bar of history according to what they shall have done in two respects,--by their disposition of negro slavery, and by their treatment of the Indians. In the one matter, the result is fortunately secure; nor will it be remembered against us, in diminution of our honor, that we procrastinated and sought to evade the issue, and for a time made terms and compromised with wrong. In that, when at last we were brought face to face with the question, we did the one thing that was right, and in tears and blood expiated our own and our fathers'

errors, the ages to come will give us no grudging and stinted praise.

Would that we were equally sure that no stain will rest upon our fame for what shall yet be done or left undone towards the original possessors of our soil! What is past cannot be recalled; nor has any thing yet gone into history that need deeply dishonor us as a nation.

Posterity will judge very leniently of all that has been done in heat of blood, in the struggle for life and for the possession of the soil by the early Colonists; it will not greatly attribute blame that, in our industrial and territorial expansion, and a conquest of savage nature more rapid than is recorded of any other people, savage man has suffered somewhat at our hands; it will not attempt nicely to apportion the mutual injuries of the frontier, to decide which was first and which was worst in wrong, red man or white; it will have ample consideration for the difficulties which the government has encountered in preserving the peace between the natives and the bold, rude pioneers of civilization.

But if, when the Indians shall have been thrown helpless upon our mercy, surrounded and disarmed by the extension of settlement, and impoverished by the very causes which promote our wealth and greatness, we fail to make ample provision out of our abundance, and to apply it in all patience and with all pains, to save alive these remnants of a once powerful people, and reconcile them to civilization, there is much reason to fear, that, however successfully we may excuse ourselves to ourselves by pleading the manifest destiny of the Anglo-Saxon race, impartial history will p.r.o.nounce us recreant to a sacred duty.

FOOTNOTES:

[K] From The International Review, May, 1874.

[L] The doctrine of a _vanishing_ Indian nationality was strongly insisted on by Mr. Justice McLean in his opinion in Worcester vs. the State of Georgia:--

"If a tribe of Indians shall become so degraded or reduced in numbers as to lose the power of self-government, the protection of the local law, of necessity, must be extended over them. The point at which this exercise of power by a State would be proper need not now be considered, if, indeed, it be a judicial question.... But, if a contingency shall occur which shall render the Indians who reside in a State incapable of self-government, either by moral degradation or a reduction of their numbers, it would undoubtedly be in the power of a State government to extend over them the aegis of its laws."--6 _Peters_, pp. 593-4.

If, as would appear, Mr. Justice McLean by this intends that a State may exercise such discretion so long as the United States continue to recognize the tribal organization, however feeble or corrupt it may in fact be, the doctrine is flatly contradicted by that of the Supreme Court in the Kansas Indians.--5 _Wallace_, 737.

[M] We are aware that this is a heavy charge; but it is justified by the facts. The recital is incomplete. The decision in the United States _vs._ Rogers is not referred to. This case is, as it was treated by the Supreme Court in the Cherokee Tobacco, of the highest importance.

The recital is inaccurate. An opinion is given at length as that of Kent in Jackson vs. Goodell, 20 Johnson, 193. This is a case in the Supreme Court of New York, Chief-Justice Spencer delivering the opinion, Kent having been previously appointed chancellor. The expressions quoted by the Committee are to be found in Goodell vs. Jackson, in error to the Court of Appeals, 20 Johnson, 693. The recital is inconsequential, as will appear by what is said further in the text.

[N] "We think it too firmly and clearly established to admit of dispute, that the Indian tribes residing within the territorial limits of the United States are subject to their authority; and where the country occupied by them is not within the limit of one of the States, Congress may by law punish any offence committed there, whether the offender be a white man or an Indian."--_Taney, Chief-Justice._

In the Cherokee Tobacco, the court, quoting from Chief-Justice Taney the sentence just preceding, and a similar utterance of Chief-Justice Marshall, remarks, "Both these propositions are so well settled in our jurisprudence, that it would be a waste of time to discuss them, or to refer to further authorities in their support."

[O] Throughout the whole course of this discussion on the const.i.tutional relations of the Indians, we should indicate as subject to possible exception the tribes found upon soil ceded by Mexico. It is claimed, that, as Mexico never treated the Indians within its jurisdiction other than as a peculiar cla.s.s of citizens, all the members of those tribes became citizens of the United States by virtue of the provisions of the Treaty of Guadalupe Hidalgo, 1848.

[P] "Although the Committee have not regarded the questions proposed for their consideration by this resolution as at all difficult to answer, yet respect for the Senate, which ordered the investigation, and the existence of some loose popular notions of modern date in regard to the power of the President and Senate to exercise the treaty-making power in dealing with the Indian tribes, have induced your Committee to examine the questions thus at length, and present extracts from treaties, laws, and judicial decisions; and your Committee indulge the hope that a reference to these sources of information may tend to fix more clearly in the minds of Congress and the people the true theory of our relations to these unfortunate tribes."--_Report_, p. 11. It would, perhaps, have been fortunate had the Committee found the questions difficult.

[Q] See Annual Report, Board of Indian Commissioners, 1872, p. 12.

Constant efforts are made to break the force of such comparisons as these, by a.s.serting that the progress of the Indian Territory in industry and the arts of life is due to white men incorporated with the Creeks, Cherokees, and Choctaws. If this be true, it would seem that white men, when brought under Indian laws, and adopted into Indian families, exhibit qualities superior to those which they develop when controlling themselves, and organizing their own forms of industry and of government. This suggests the inquiry, whether it might not be well to turn over two or three Territories that might be named, to the Indians, with liberty to pick out white men for adoption and for instruction, in the hope that these communities might in time be brought up to the condition of that of which the Indians have had sole control for forty years.

AN ACCOUNT

OF THE NUMBERS, LOCATION, AND SOCIAL, AND INDUSTRIAL CONDITION OF EACH IMPORTANT TRIBE AND BAND OF INDIANS WITHIN THE UNITED STATES.

[From the report of Francis A. Walker, U. S. Commissioner of Indian Affairs, for the year 1872.]

The Indians within the limits of the United States, exclusive of those in Alaska, number, approximately, 300,000.

(_a_) They may be divided, according to their geographical location or range, into five grand divisions, as follows: in Minnesota, and States east of the Mississippi River, about 32,500; in Nebraska, Kansas, and the Indian Territory, 70,650; in the Territories of Dakota, Montana, Wyoming, and Idaho, 65,000; in Nevada, and the Territories of Colorado, New Mexico, Utah, and Arizona, 84,000; and on the Pacific slope, 48,000.

(_b_) In respect to the three lines of railroads--built or projected--between the States and the Pacific Ocean, viz., the northern, central, and southern routes, they may be divided, excluding those residing east of Minnesota and of the Missouri River south of Dakota, as follows: between the proposed northern route and the British Possessions, about 36,000; between the northern and central routes, 92,000; between the central and the proposed southern routes, 61,000; and between the southern route and Mexico, 85,000: making a total of 274,000.

(_c_) As regards their means of support and methods of subsistence, they may be divided as follows: those who support themselves upon their own reservations, receiving nothing from the government except interest on their own moneys, or annuities granted them in consideration of the cession of their lands to the United States, number about 130,000; those who are entirely subsisted by the government, about 31,000; those in part subsisted, 84,000,--together about 115,000; those who subsist by hunting and fishing, upon roots, nuts, berries, &c., or by begging and stealing, about 55,000.

(_d_) They may be divided again, with respect to their connection with the government, as follows: there are about 150,000 who may be said to remain constantly upon their reservations, and are under the complete control of agents appointed by the government; 95,000 who at times visit their agencies either for food or for gossip, or for both, but are generally roaming either on or off their reservations, engaged in hunting or fishing; and 55,000 who never visit an agency, and over whom the government as yet exercises practically no control, but most of whom are inoffensive, and commit no acts of hostility against the government.

(_e_) Again: it may be said, that, of the 300,000 Indians of the country, about 180,000 have treaties with the government; 40,000 have no treaties with the United States, but have reservations set apart by executive order or otherwise for their occupancy, and are in charge of agents appointed by the government; 25,000 have no reservations, but are more or less under the control of agents appointed for them, and receive more or less a.s.sistance from the government; the remainder consisting of the same 55,000 already twice described, over whom the government exercises, practically, no control, and for whom there are no treaty or other provisions.

(_f_) As to civilization, they may, though with no great degree of a.s.surance, be divided, according to a standard taken with reasonable reference to what might fairly be expected of a race with such antecedents and traditions, as follows: civilized, 97,000; semi-civilized, 125,000; wholly barbarous, 78,000.

MINNESOTA, AND EAST OF THE MISSISSIPPI RIVER.

NEW YORK.

The Indians of New York, remnants of the once powerful "Six Nations,"

number five thousand and seventy. They occupy six reservations in the State, containing in the aggregate 68,668 acres. Two of these reservations, viz., the Alleghany and Cattaraugus, belonged originally to the Colony of Ma.s.sachusetts, but by sale and a.s.signment pa.s.sed into the hands of a company, the Indians holding a perpetual right of occupancy, and the company referred to, or the individual members thereof, owning the ultimate fee. The same state of facts formerly existed in regard to the Tonawanda reserve; but the Indians who occupy it have purchased the ultimate fee of a portion of the reserve, which is now held in trust for them by the Secretary of the Interior. The State of New York exercises sovereignty over these reservations. The reservations occupied by the Oneidas, Onondagas, and Tuscaroras, have been provided for by treaty stipulations between the Indians and the State of New York. All six reserves are held and occupied by the Indians in common. While the Indian tribes of the continent, with few exceptions, have been steadily decreasing in numbers, those of New York have of late more than held their own, as is shown by an increase of one hundred in the present reports over the reported number in 1871, and of thirteen hundred over the number embraced in the United-States census of 1860. On the New-York reservations are twenty-eight schools; the attendance during some portions of the past year exceeding eleven hundred, the daily average attendance being six hundred and eight. Of the teachers employed, fifteen are Indians, as fully competent for this position as their white a.s.sociates. An indication of what is to be accomplished in the future, in an educational point of view, is found in the successful effort made in August last to establish a teacher's inst.i.tute on the Cattaraugus reservation for the education of teachers specially for Indian schools. Thirty-eight applicants attended; and twenty-six are now under training. The statistics of individual wealth and of the aggregate product of agricultural and other industry are, in general, favorable; and a considerable increase in these regards is observed from year to year. Twenty thousand acres are under cultivation: the cereal crops are good; while noticeable success has been achieved in the raising of fruit.

MICHIGAN.

The bands or tribes residing in Michigan are the Chippewas of Saginaw, Swan Creek, and Black River; the Ottawas and Chippewas; the Pottawatomies of Huron; and the L'Anse band of Chippewas.

_The Chippewas_ of Saginaw, Swan Creek, and Black River, numbering sixteen hundred and thirty, and the Ottawas and Chippewas, six thousand and thirty-nine, are indigenous to the country. They are well advanced in civilization; have, with few exceptions, been allotted lands under treaty provisions, for which they have received patents; and are now ent.i.tled to all the privileges and benefits of citizens of the United States. Those to whom no allotments have been made can secure homesteads under the provisions of the act of June 10, 1872. All treaty stipulations with these Indians have expired. They now have no money or other annuities paid to them by the United States Government. The three tribes first named have in all four schools, with one hundred and fifteen scholars; and the last, two schools, with one hundred and fifty-two scholars.

_The Pottawatomies_ of Huron number about fifty.

_The L'Anse_ band of Chippewas, numbering eleven hundred and ninety-five, belong with the other bands of the Chippewas of Lake Superior. They occupy a reservation of about forty-eight thousand three hundred acres, situated on Lake Superior, in the extreme northern part of the State. But few of them are engaged in agriculture, most of them depending for their subsistence on hunting and fishing. They have two schools, with an attendance of fifty-six scholars.

The progress of the Indians of Michigan in civilization and industry has been greatly hindered in the past by a feeling of uncertainty in regard to their permanent possession and enjoyment of their homes. Since the allotment of land, and the distribution of either patents or homestead certificates to these Indians (the L'Anse or Lake Superior Chippewas, a people of hunting and fishing habits, excepted), a marked improvement has been manifested on their part in regard to breaking land and building houses. The aggregate quant.i.ty of land cultivated by the several tribes is eleven thousand six hundred and twenty acres; corn, oats, and wheat being the chief products. The dwellings occupied consist of two hundred and forty-four frame and eight hundred and thirty-five log houses. The aggregate population of the several tribes named (including the confederated "Chippewas, Ottawas, and Pottawatomies,"

about two hundred and fifty souls, with whom the government made a final settlement in 1866 of its treaty obligations) is, by the report of their agent for the current year, nine thousand one hundred and seventeen,--an increase over the number reported for 1871 of four hundred and two, due, however, perhaps as much to the return of absent Indians as to the excess of births over deaths. In educational matters these Indians have, of late, most unfortunately, fallen short of the results of former years; for the reason mainly that, their treaties expiring, the provisions previously existing for educational uses failed.

WISCONSIN.

The bands or tribes in Wisconsin are the Chippewas of Lake Superior, the Menomonees, the Stockbridges and Munsees, the Oneidas, and certain stray bands (so called) of Winnebagoes, Pottawatomies, and Chippewas.

_The Chippewas_ of Lake Superior (under which head are included the following bands: Fond du Lac, Boise Forte, Grand Portage, Red Cliff, Bad River, Lac de Flambeau, and Lac Court D'Oreille) number about five thousand one hundred and fifty. They const.i.tute a part of the Ojibways (anglicized in the term Chippewas), formerly one of the most powerful and warlike nations in the north-west, embracing many bands, and ranging over an immense territory, extending along the sh.o.r.es of Lakes Huron, Michigan, and Superior, to the steppes of the Upper Mississippi. Of this great nation large numbers are still found in Minnesota, many in Michigan, and a fragment in Kansas.

The bands above mentioned by name are at present located on several small reservations set apart for them by treaties of Sept. 30, 1854, and April 7, 1866, in Wisconsin and Minnesota, comprising in all about six hundred and ninety-five thousand two hundred and ninety acres. By act of Congress of May 29, 1872, provision was made for the sale, with the consent of the Indians, of three of these reservations, viz., the Lac de Flambeau and Lac Court D'Oreille in Wisconsin, and the Fond du Lac in Minnesota; and for the removal of the Indians located thereon to the Bad River reservation, where there is plenty of good, arable land, and where they can be properly cared for, and instructed in agriculture and mechanics.

The greater part of these Indians at present lead a somewhat roving life, finding their subsistence chiefly in game hunted by them, in the rice gathered in its wild state, and in the fish afforded by waters conveniently near. Comparatively little is done in the way of cultivating the soil. Certain bands have of late been greatly demoralized by contact with persons employed in the construction of the Northern Pacific Railroad, the line of which runs near one (the Fond du Lac) of their reservations. Portions of this people, however, especially those situated at the Bad River reservation, have begun to evince an earnest desire for self-improvement. Many live in houses of rude construction, and raise small crops of grain and vegetables; others labor among the whites; and a number find employment in cutting rails, fence-posts, and saw-logs for the government. In regard to the efforts made to instruct the children in letters, it may be said, that, without being altogether fruitless, the results have been thus far meagre and somewhat discouraging. The majority of the parents profess to wish to have their children educated, and ask for schools; but, when the means are provided and the work undertaken, the difficulties in the way of success to any considerable extent appear in the undisciplined character of the scholars, which has to be overcome by the teacher without parental co-operation, and in the great irregularity of attendance at school, especially on the part of those who are obliged to accompany their parents to the rice-fields, the sugar-camps, or the fishing-grounds.

_The Menomonees_ number thirteen hundred and sixty-two, and are located on a reservation of two hundred and thirty thousand four hundred acres in the north-eastern part of Wisconsin. They formerly owned most of the eastern portion of the State, and, by treaty entered into with the government on the 18th October, 1848, ceded the same for a home in Minnesota upon lands that had been obtained by the United States from the Chippewas; but, becoming dissatisfied with the arrangement, as not having accorded them what they claimed to be rightfully due, subsequently protested, and manifested great unwillingness to remove. In view of this condition of affairs, they were, by the President, permitted to remain in Wisconsin, and temporarily located upon the lands they now occupy, which were secured to them by a subsequent treaty made with the tribe on the 12th May, 1854. This reservation is well watered by lakes and streams, the latter affording excellent power and facilities for moving logs and lumber to market; the most of their country abounding with valuable pine timber. A considerable portion of the Menomonees have made real and substantial advancement in civilization; numbers of them are engaged in agriculture; others find remunerative employment in the lumbering camp established upon their reservation, under the management of the government agent, while a few still return, at times, to their old pursuits of hunting and fishing.

Under the plan adopted by the department in 1871, in regard to cutting and selling the pine timber belonging to these Indians, 2,000,000 feet have been cut and driven, realizing $23,731, of which individual Indians received for their labor over $3,000, the treasury of the tribe deriving a net profit of $5 per thousand feet. The agent estimates, that, for labor done by the Indians upon the reservation, at lumbering, and for work outside on railroads, during the past year, about twenty thousand dollars has been earned and received, exclusive of the labor rendered in building houses, raising crops, making sugar, gathering rice, and hunting for peltries. The work of education upon the reservations has been of late quite unsatisfactory, but one small school being now in operation, with seventy scholars, the average attendance being fifty.