OCR Text |
Show precluded from an undue supply of gunpowder and rum, and to be made as oeaceable as ~ossiblebv the ureserlce of an a-ee nt and the distribu- tiok of a few anhities iu cash &d blankets. 111 my judgment, whatever of failure has attended the management of Indian affairs in the past has been largely attributable to this fnnda-mental failure to recognize and treat the Iudian as a man capable of civilization, and, therefore, a proper subject of the Government and amenable to its laws. A judge in Idaho, who is also a United States commissioner, has decided that he had no jtirisdiction, either as a ter-ritorial or Federal o5cer. in a casewhere one Indian had killed another. though the n~unlerw as 601nruirtedi u his own eou~~atnyd o~~t s idoef ' : t ~ ~ ~ rescrve. Thus i r had coula to pass that we have wi t h i n our bor~lersa t the present. tiu~e7 5,000 \r.il~lI ndianawho ueed legislntio~;~p propriatt'o a people passing rapid11 out fro~ua savage tril~alg overururllt into a tlegree of co~itrolh ) the Uuirrd Stares Q~)veru~ucj uat u~?li lO,(ll)O other Indians nllo : ~ l i r r l ~bte readilv broonl~itv ithin the ol.otection a1111r estr;iiut of ordinary lawyand yet are"pract&ally without the benefit of any suit-able government, a majority of them being propertx-holders, living upon their farms, having their schools and churches, and scarcely differing in their mode of life from the pioneer settlers of the country. The damage which is inevitable to the Indians from this at~omalons state of things, will be more apparent if we keep in mind that no offi-cer of the (foverumeut has authority by lam for punishing an Indian forcrime, or restraining him io any degree; that the only means of en-forcine law and order amone the tribes is found in the use of the bavo-net b S t ~ cin ilitary, or ducl;urhitrars forct, as the agent : I ~ J~.l n v t a t comtoa~~d.I \ I I I ~ I It~h e 1udia11st henlselves, a11 tribal gorcrnmeut 11i1s beeu \.irtoally broken down by their n)ur;iet wit11 the Goveruu~ent. Tl~o cllielk 1101d; r uo~ni~~h:ehald ship, dependil~gf or its eontiunnuce on tho ronsrnt of the I I I ~ Rtu~rb ulent a ~ ~t:.idcti ou~p ortion of tile tribe. If ir white man oommitsde~redationsu oon the Indians iu their own conntrv no penalty is pronde~bi eyond fllai of puttiug him out of tho countr& a peuillty which he readily takes up.o u himself rrhm esca.pin g- with his booty. Neither is there any provision of law by which an Indian can begin to live for himself as an American citizen. Being by the fiction of sov: ereignty, which has come into our lndian relations, citizens of a LLdo. mestic dependent contrary to the American doctrine upon this subject he is not allowed to change his nationality at will, but required b s t to obtain consent of both parties to his tribal treaty. As a result of this restriction, many Indians are kept with the mass of their tribe who otherwise would strike out for themselves. The case of the Flan-dreaus, a small band of Sioux in Dakota, bereafter detailed, who availed themselves of rt special provision to this eEect in their treaty, is inter-esting as illustrating the advantage of a privilege whioh should be provided for all Indiaus. Neither is there any provision under existing law by whioh an Indian desiring to continue his relations with his tribe is allowed to receive an allotment of his portion of the land owued in common; thus individual enterprise and self-support are materially repressed. Many of the appropriations, in accordance with treaty stipulations, provide that annuities should be paid cash in hand; or in goods dis, tributed per capita, to be accounted for to the Government on the re-ceipts of the chief. All bounty of the Government bestowed in this form is worse than wasted, tending to perpetual poverty by providing for idlaness and unthrift. |