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Show ,:.. . ~ . - . ~ ~ . . .-: ... -2.4 : REPORT OF ' T&. C O N M ~ S S I ? I & ~I~' X~ ~ I AA~FF AIRS; ' . . .- : .. - - . . . . &Itill they may be, and sometimes are, merely instrum~ritsin the haids : - of .the agent for the enforcement.of his power, which. is now almost . . , I . absolute. . . . . Besides the provisions of statute that' have operated to give $he . : . Indian agent great power in the Indian country, tBe' regulaqons of the 7 . : . , Indian department that have been &oto time to time prescribed, pur- , . suant to law, and that have the force and effect of law, have further , . : , extended and enlarged that power. For example, tlie.went iH. author- - . izedin the "Regfilatipns of the'Indiau Department" to prevent Indians . , from ieaving their reservation- without a permit for that purpose, and . instructed not to allow the practice of bands of Indians of one reserva- .: . . . -tion making or returning visits 6 &her reservations for the piupose of receiving or giving presents, and he has the power to use his Indian -- policeto prevent the infraction of these rules. The final judgments of ' the courts of Indian offenses are subject to modification and revoca- . . . tion by the Indian agent, who is given appellate jurisdiction. . . . The Indian agent, as shown by th$foregoing, now has almost abso- : . lute power in the Indian country, and so,far as the people-over whom ., he rules are concerned, liehas none 40 contest hia power. Appointid . . =~ - at k s t in the capwity of a commercial agent or consul of the United. Statbs in the country of an alien people, the Indian agent, under laws . . enacted and regulations promulgated in pursuance thereof, has devei- . oped into an officer ,with power to direct the affiirs of the Indians and. . . . to trinsact their business in all details and in all relations. This is a : very curious chapter in our history! There is a striking cpntrast be- '' tween "ministers~plenipotentiary,"ap pointed by the Unitedstates ta . .- treat with powerful India4 nations, and an army osoer, with troops - > at his command, installed over a tribe of Indians to maintain' among :. ' them an absolute military d,espotism. Yet our policy of -dealing with .- ' %em has-swung from on8 of these extremes to the bther,in a atraugely i : vacillating way. Indeed, at present, the agent among the Five Civilized Tribes performs ratherthe functions, of a 'consul in a foreign liatfon -. ~. . ' than those of an igent, while the Oommission wlia have recently nego- . Gated with the Cherokeesfor the cession of the OutIet, commonlfcalleQ - . . - the "Strip," have reay treated with them i s with an independent , . nation and have performed the functions of, in one sense, ministers . : . plenipotentiary. On the other hand, the absolute military rple finds its illustration in the present condition of things it San Carlos and in a 1.. . modified way at pine Ridge. , , - . . . The whole tendency of mode& legislatition in providing for the allot- . . . . ment-oflands in severalty and the conferring of citizensJiip upon In- : .,' - diaus has been toward greater eeedom for the Indians and a more .., - 'The regalstions relating tothe courts of hdisn offenses have recently beenre-' , .+i~ed. They arenow called "Indiancoakts," and the offenses a10 -ieeignatedsimplp as 'Loffenses,"m d not "Isdim offenses."' For discussion of the matter see p a p 21 , - of this report. . , . . ~ - . . . |