OCR Text |
Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 33 oertaining what are the actual rights of half-breeds and mixed-bloods, and who are Indians within the meaning of t,he laws of the United States relating to the lands and funds of the Indiau tribes. I had the honor to submit my viewa on this subject to you in a special report of &arch 17, 1892, as follows, viz: First. "Indians" is the name eiven by Columbus and the earl.v vo"vae-er s to the native8 i,f Anucricu uuder thr fiistilkeu iluprvasim rhat thc newly diac~,vrredc onuiry was ti p.,rr of Iuclin. 'l'llis mi.rakw~t i~ul,rr.-s!un\ ras d!m ro rllo t l~cur ru f Oalumbua, I as freinently stated in history, that byaailing weatward the castard part of 1ndia wonld eventually boreacbed, and doalrtlssa also to theswarthy complexion and other physical likenesses of the American to the East Indians. Second. As need a t tbepregent time the term "Indian" is generally nuderatmoodt o mean a member of ono of the several nasions, tribes, or bands of native Americana. These nations. tribes, or bands were treated bv the Fnelish settlers and bv the Euro-pwsn collntricr urtder whose ~urhor i tyA lliuriva wassetfled, and subscqururly by the llnitad St~tcswhiehau rcveded totlre riptltauiall tl~eqecom~rr!eaq* di~tiuept oliticnl I communitieq a t first independent, but now dependent upon our ~ove rnment foPrr o-tection in their5ghts. An Indian is one, therefore, who owes allegiance, primarily, to one of these ~a l i t ioaclo mmunities: andseoondilril-s,. i f a t dl. t e t heUnited States. He ie one who is practically identified with the native Americana, and is thereby in his ordinary relations of life ~eaparatedf rom sU other people of the republic. Third. O= account of their ixnoranoe. their savaee condition, andtheir oustoms theright to roamin search of game, etc., or whioh had been set apart for its use by treaty with the United States, act of Congress, or Executiveorder, but only to have the right to occupy said portion of country. The fee in the lands of the country oconoied and roamed over bv the Indiana waa deemed to be first in the Euronean sovereigns or countries, bot is now heldto be inthe Government of the TJnited Staten. The right of oocupaney, how-ever, was a v&Iuable right, and one which the early set-tlers and the Government of the United States have always respected, and for tho relinqnishment of whioh in certainportions of America valuable oonaiderations have been paid. This right has been treatedas an inoumbranoe upou the fee, and grants made of land to which the Indian ripht of occnoauov had not been extinanishen bv v A " the Government ham been made subjeot to this right. Eaob member of sn Indian tribe bas been deemed to have a 5 equal interent in the p-rop.ert.y of hie tribe, whether it be in the oocupancy of lands or right in the lmds or moneys. In ;I property sense, themfore, an Indianis one who is by right of blood, inheritaneu, or adoption, en-titled to receive the pro rata share of the common property of the tribe. , Foorth. In the early history of Amerioa many wbits men were adopted into Iu-dian tribes, and in aooordllnoe with the customs of those tribes became recognized by the authorities thereof an members and entitlad to all the rigbh therein that the members of the Indian blood were entitled to and enjoyed. After the relations be-tween this Government and the Indian tribes assumed the form whioh bas been likened to that of gumdian and ward, provision was made in many of the Indian trmties for the regulation of such a d o~t i o nof whites into Indian tribea aa well as for theregolatian of adoptiontherein of Indians of different tribes, nations, or bands, and in many oasesthe United States have been given the right to supervise and np-prove or disapprove such adoption thereafter made as the best intaresta of the In-dian tribes would seem to demand. Even m earls ns 1038 the Endish of Conneotiont adtered into a treetv with the Quiunipiers, :I rutall bnud luvarncl in the viciuityuf the buy of Xuw Haven, it, which the lndinu* uov*wnnted ru a<lurit no other Indiuua among them witllout tirsf hnvidg leave fvum the English. SruUa 1:onest's Histurv of thaLudinneuf Connurtieur, Dare |