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Show REPORT OF THE COMMISBIONER OF INDIA3 AFFAIRS. 17 Indians, are insufficient now, wlien the white population west of the Mississippi begins to number its millions. It is much to be hoped that Congress will at its next session take this subject into careful consideration, and provide a plain, comprehensive code, by which the superintendents and agents may dispense justice within their jurisdiction, and the infliction of appropriate penalties may be rendered certain, whether the offender he red or white. Retaliation is the law of the Indians; and if, in his early approaches to civilization, he is compelled to ahandon that law, he looks for a substitute in the white man's law. In too many cases, indeed almost universally, where a white offender against the rights or life of an Indian is brought into our courts through the efforts of the agent, he is sure of acquittal; but reverse the ease, and the Indian almost surely suffers. I t does seem practicable to improve upon this condition of things. We have laws which provide for the arrest of whites trespassing upon Indian reservations, but no provision is made for retaining them in custody, or on proper bail to he tried. So for offences of Indians upon their own people; they may he sent to the nearest military post to be confined, and may he, at the will of the officer in command, released the next day. So we have a law against the settle-ment of whices upon Indian reservations, aud a provision that they may be ejected by the superintendent or agent, hut no provision is made for tbe expense of a posse of whites, while the use of an Indian posse is hut the beginning of war upon a small scale, to increase accordine to circumstances. Your earnest at.tentibn is invited to this subject, as one zf great importance to the future success of the Indian service. The subject of trade liceoses, with its varied ramifications, has enlisted much attention. Something was done last year towards effecting a reform in this matter, but much still remains to he done. I t is felt that in spite of all precan-tions, the most stringent instmctinns, and the requirement of a special oath or affidavit from all superintendents and agents granting licenses, that they have not and do not contemplate any interest with traders; something more is needed in the shape of a law by Congress which will reach and punish cases of mal-feasance. One of the most glaring cases of this kind was that of a former agent at Fort Laramie, whose conduct, in connexion with traders, in swindling the Sioux out of a large portion of their annuities, doubtless had much to do with the hostilities of those tribes for several years. This office is somewhat embarrassed as to the proper construction of the recent enactment by Congress, apparently throwing open the Indian trade to compe-tition by whoever chooses to enter into it; but really, as I have felt bound to construe it, operating only to prevent superintendents or agents from limiling the number of traders by their own motion, when persons fit to he in the Indian country apply for licenses. That this is the true construction seems apparent from the tact that the enactment referred to, being section 4 of the last Indian appropriation law, especially provides for the continued operation of the regu-lations of the department concerning licenses; and with those regulations, pre-pared under an act of Congress, and having the force of law, I have felt com-pelled to require compliance. Early in the year, this o5ce, in reply to a question by the department as to the reason why the Indian trade should not he thrown open to all who choose to engage in it, expressed itself as in favor of a reasonable competition, hut snggeated that this competition being provided, it was better to have as few traders as possible, the inoidental evils and temptationa of Indian trade being too great. But beyond this it may be further suggested whether it is not practicable to provide in a just manner for some snch scale of prices of purchase and sale by traden as applies to the sutlers of the army. Could snch a system he devised and put into practicable operation, we ahodd at once get rid of sundry serious difficulties. And in reference to army antlers, there is a point which seems to demand serious attention, and the settlement of which'will remove existing and prevent 2 cr |