GROVER CLEVELAND AND THE IDE'VELOPMENT OF A NEW FEDERAL INDIAN POLICY 1877-1887 Thesis for the Degree of M. A. MICHIGAN STATE COLLEGE Robert R. Hurley ' I 941 THESIS o p- §P_ .t'I. |‘&' . -. ‘rk‘ \A D A \ . '( . (.‘o< . o \ . ., ' I .' ‘r . u u _u' —‘ ', . ' ' 1“,, 'j I ' ‘ - . ' ' I .- ‘ ‘h — _ .' ‘ a 5 n' . .0 e, .' . If g ‘- , um .‘ .{n \ L‘:. - . . ‘H. . . $3 ‘. l 0’. . .4 b 9' W ’31..on -4 .8! «<5 . ‘ 'N ' ‘t‘vrbk-tf'. . “91.1.5.1 . ‘7 9" “fl UL § e I .D. '. J. ‘ “127's 5‘ c: ‘ 9‘ A g. . wax «3:43 liNV-IVTS’V. .. 1‘85: ;-r v u e ‘ WR'I: v .1:~ '.." ' 3}. : ' 3:335: ' .A$.-"' ‘ . t" . bl '_1' 1 a" 'l h I C . 'V ¢ g1.$4 J 1' . r J. . . f'o, “.' .v‘ ‘7. -— ‘1-- Yr'xh I'V' f’f” .|" v. 1.- v ‘\ ”1-.7 ‘ r ‘| E ., UhU UL‘JLI vh—a VMVIU An...) A.“ bun’wuxm.- 18?7~lib7 s . ‘ _ .‘- T- o ‘3 1'. '2 TT“ ‘U ’ hUDtr; “lb“:Qflu equay W ~1941- Uta '0 r—g g‘ ' n ' ~I “ I“ ~ . " ’4‘ I Abricdlture afii nyyglcj qcience of Arts- in the Graduate dehfifil UK A new EguLLAL ISDIAJ BOLICY 1 .‘0' ‘1 .. 1.- I—‘ '~.‘... ~. —, A 9$Le11Ivunt cf +.9 reaul.suents fer the cf m ckigun atute ‘ THESIS of “ur*wnnf uc‘. 7 W/ T /7¥/ 6; ' f3 .13 9 13-2.. .r O' u 1“ n. A 'k’ to ’fl ~ he htzvc x ‘+-v\~‘ -.- Akl COD 7 v' . 1..'c1 Tl' his ‘ 4L CfiU (Ln I. Introduction . WIT. .- '_ -~ 3- ‘. -I‘ 11.7 I‘ . ’13—.I 1‘ . ,- , UAadI-l "-LJ‘AIU Amid lo‘d UJ-‘II deQI-LLI‘ .' ' I . 3 ,‘ ‘ " ' .'.." ;"‘ \xr V1! 11. L-“ii Juuahn.“ &¢yln.. .tUulUi A. Hi=t23 icul gnt;ccderts of the new lugiun policy, 743 ~133U 1. ~«33.53;; ”f Ike britiShéjUVErLLCRt o 1774 L. folicy'bf the Hatienal :0?crumcnf Ira: L733 tu 1&5: a. Continuation bf the Colon a1 EfSC”ju“+J il dealing ”i‘h the IluLaI, 177i-1731 b. Irea cut cf thw Indian “ t. +.0 Artic'ee 0 Von €3335Ltion go gram-qt, 1731-1729 c. Inc bcaoral feverngant anfi fhc Inal'- probl"m fun: 1733 .3 345 5. 14¢ policy of the Rational,jovgrag.r+ frem 13:5 to 1869 V aiminifit {1) The (a) (l) The "1,. ~' ‘4” ~n., ' '¢:,4--J . Lee Lnd‘gn pro;Iqm.1nle.u.ee @- ‘-..-\,,...._—4‘ m: . 5-9 per‘GJ; ‘v‘ A‘;“rc!Iv . -‘1Il" L‘ , 7’ . ‘ . 1t"- :- ‘5OQL‘1U C 1‘03. 102‘. ,. 1; 3., neascns fur it moarue-Calhouu poliLl by P'c Inaugu‘raticn an”: dev 14-13:..dnt 01" 1:6 'I, ' ,. ACJLSVCKLII q‘, U .— I1) r~ (\‘I V \b) tilt“ U-&i UCLA Dtaves (o) (’3‘ (T "J (:5 i (I) r 6- )- C. Id) Jackson's lrasticx LACL‘L‘ -J 1.1.10 h135muycse (e) L fccts of n13 pollcy aspects of the Inflign policy frag 1337 to 1363 ‘. \ ‘ v" - I f‘ D +":4 Y r I - ‘ St, Ind... on 4 133". L I: :Iliu;u.1 U 11.3161“ 915 t 1.6 D A ' . ovp - in a q n 1" 9‘ r." H . ‘ grunt 161‘ was £114.}. 93d “Cu .u’al‘Q m‘r. ‘ ‘U ~ ' ' ‘1! 'b "." +""I A.‘ PI ‘ 3" J V“ ‘ l ‘ “ : H “ l ‘ . . la b -‘_ C {61314.62 1t 1 U MLJCAJ (14.1.4 “I. CG.) ‘1‘ in QLQLIHD vuv -1377 Read 0:1 P Charactc A990 '53.!‘3- WV r”: L) d. Repo Pres Preeiden ts ti T16 r“ .~ *' ‘ I 1:- - me at; 1.1.411” . a '\ ‘ V. V 4" v : lucnt have; a3; *t’ tm Indian duri. this ; 611?.) 21 the Reservation 53 ten 4"“ *7 4L ~ A ‘V.’A3 11689 I‘VH'b + 1C).; S"C 1:631 r<>f the ReserVaticn System and the indium protlcm--the "Peace toward the problem intuent of the Board of 1:15.321 Cues)". echne-rs, ".1+h th; tribes telxfirbted in lflnl rt<;f flte Cumgiasioncr cf’Ind iud Ai'fair21376 the Ind' an pro oblau t Arthur an: ‘rq #3:}. P“1,".“vv~ t...\/ J-Ju*£ fins v-lbmb .vr ‘- J. #7-. fl Ifidiun p011; arr;3" LAC fact:-3 O'JzA’L‘L-‘AQ -¥;L .‘ -':-‘ 'u-vfl \ -‘~ N - ‘W ‘ - " " fi\' J’fis lo Drew-1.1m... 1.? LI- hbb‘él'lo. I. v.1 béd'vtj‘. rieultxral frantiur a. Disagyearence of the legs a ,g 0 4" I. ‘7- .. ., . . ' ...._ ‘ .. . .4 ,. 1,, .-.‘~' (I. 1xcchaitv 0J- a-.;..~I‘-lln l€¢ul prutccfiun In. {-1-8 1.4111111 C. Agricul tlral e111: 13238111. and train .113eses atiul to t. -.e Indiqn's pro read The afcncies of prcpugundu f0: 1L 11.31 an' 5 ho: .efit J 1. 01?: cial--1Le Department of Interior; The bureau of ”2" l \4 I r'o) "' *0 «.9, h " 1:3 1xa1an A..airo, 1-133? [\1 :3‘.‘ elen hunt Jacls . and her book,‘§:031hrv Cf Dishcnor, 1831 a. Her inttre st in t2. e 1.5.1 in: przshla.‘ (1) Its par (2.) lidture of its ccutents and. presentation (3) Its pu 11.2;tion in 18 31 (4) Its influence 0. Californdd Iuis Sie n Indian CQLmissicn, 1334 (1) Purpose (2) Report 6. Voluntary organLZations uni agencies a. htligiSU” “rc1ps--nota.ly the Episcepal Church from b. Lu; 6 web Lk Con.er nsc3 c: (1) urigin an: purgcoa o' (2.) Comean (:3 and Inserts C. Indian Eights ASbCCiatIGS (1) Origin, purpose and organiaati a (2) Annual r¢;orts (3) Influcz e .4 (.3 III. Develogmgnt of‘the Kew Iniiar £01187; Dawes Severulty Act, 1337 I A. Events precipitating the New Indian iolicy 1. President Arthur's ordcr'opaning up th e resc~"ation lands as Public Ebgain on Fcbr 14:3 27,1885 a. furpose and reasan far his action b. Result c. Attitufie of Clcvoluii ca takim; ffice “n.0h 4,1895 (1) Investigati In an} I“; t by L. C. Laxuur, Secretary (‘1 (3 H (‘\ of the Department of Interior; his repor ; (Z) RJIin; of at .:;r‘1 17-81211 rd]. Gar Lani on the legality of the Art.ur Grier d. CIevelgni's p081tion on the Indian problem a. In iluence cf Helen hunt Jack31n andlé’Ccntr7"_ o. Dishcncr on C1eve1und b. Pre mu*ure atte pt to obtain rzpcdiul 19 islgtion--LLC Coke J 1. Its uuthsrshi; 2. Prcvisions 3. Its fate in Gangress a. In the £"use b. In the Senate IV. a1 . \.'_ 1" 'AC‘ :x, _.‘_‘.'q 1 q ”'0 _._‘ ‘ v. I..LU Ud-‘vct-a Qc‘abidL'f-ff 11;". C. f .L..x.x7--;I.e .. 'V’ 'l .'—,-\ '. -v ~\ . ‘ - p... det puzut id {Lru I910 LUI‘ 2. The till before Congress a . Its cutl‘orship b. Th bill n the “n"dte c. The bill in the house a. The bill in the e o T}. (‘3 bill passed uni s; of the act E. Eifects cf the Dawes Severalty Act, Conclusions .Lilal'dll U83 larat1;. I Although the Indian was the original inhabitant of the American continents, his possession of these lands was placed in jeopardy by the arrival of the white man. The Spanish and English methods of dealing with these peeple were entirely different in that the former employed a program of assimilation while the latter followed one of extermination or ruthless removal from the path of empire and west- ward expansion. The English colonist and his descendants after the American Revolution continued ruthless practices for two hundred and eighty years before any direct legislative policy was enacted to prohibit such procedure. The purpose of this thesis is to trace the deve10pment and rise of this new policy from 1877 through its culmination in the Dawes Severalty Act of 1887. During the Colonial period of our history the British govern- ment's Indian policy consisted primarily in attempting to prevent border raids and in controlling the fur trade. To effect this pro— gram, the British took three measures which will be briefly noted. In 1755-56 the administration of Indian affairs was placed in two departments. This division was probably made to correspond to the military division in that the problem of defense and Indian affairs were closely allied. Further provisions for the control of the Indian were contained in the Proclamation of 1765 and the Quebec Act of 17641, but none of these measures proved entirely satisfactory. A brief survey of the Indian policy of the American peOple up to 1880 will reveal the factors which contributed to the rise of a new method in dealing with the Indians. To call our early treatment 1 W. H. Mohr, Federal Indian Relations 1774-1788, pp. 5-22, passim 2 of the Indians a "policy" is a misnomer in as much as there was no early attempt for carrying out a constructive and continuous program over a period of time, except for pushing the Indian west— ward.“ The Indian problem during the Articles of Confederation period, 1781-1789, was handled with considerable difficulty. In the begin- ning the Confederation drew upon the earlier experiences of the British government by placing the control of Indian affairs in the hands of two superintendents responsible to the Secretary—at-Ear. The attitude of the people, resulting from border warfare, made it impossible to secure just treatment for the red man. Moreover, the Indian occupation of valuable land with which the Confederation desired to make good its promises to soldiers for their services in the Revolutionary War made the problem doubly difficult. Home ever, Congress established an important precedent in treating with the Indians as separate nations and in making treaties which estab- lished boundaries and controlled the trade with them. The regula- tion of Indian affairs remained during the Articles government in the hands of the War Department...5 From 1778-89 eight important treaties were made with the Indians.4 Early in our government under the Constitution it seemed evi- dent that the Indian was doomed to fight for his existence. On July 7, 1789, Secretary of tar Knox said: ._ “fl 2 F. L. Paxson, Histogy 2§_theggm§ricap Frontier, 1765—1895, p. 276 5 W. H. Mohr, 9p, cit., pp. 199-201 4 L. F. Schmeckebier, The Office‘gf the Indian Affairs, Its histogy, Activities and Organization, (Institute for Government Research, Monograph No. 48), pp. 15-16 It is, however, painful to cansiier, that all the Ind an trib a, once existing in those states .ow the meet cultivated and most pepuloue extinct. If the same cau-es can+ unue, the 3‘ effect will happen; and, in a short idea cf an Indian this side of the hi: i onhftu fmxxlii‘flxgpages:f theifistbrw F‘Q inc aura merit of t"e p; 0 le TestAarl netessita ed fits nev3m~nt of the In dia n from the east siie to th wast side of the Lississippi River. It soon became the stated policy of the authorities to piss 6 all of the Indian; en the far side of the mi.csiss ipvi. During +he ul- (I: ('1' ~ ‘ 1. q . :A Tl \v—. Y'« r. - .- . ». ~0' _, administration of Jamcs m~nr3c the first duzln } e I diam policy, which is commonly known as the Xenroe-Calt oun policy a (I. p.» ’ q. H p. rf' 5.). If ('1’ (‘1 L); o In several of ..is state papers hoarse :ave ndication of the J I $44 in, prcblem an ‘JJ importance of th (‘0 '€ 1 r IAG policy which 43 in+e fled to follow. In his fir3t annual messa e to CplerSS in l817, refer- ring tc tne purchase of Indian titles and the rcxnval of the Indian '" -« I‘ ' . ‘I. t r-. \‘m .‘N s- - 0 uUutuQI'u , LL; 0 L‘uClVbdo H L. this ;_ro teas , which the rights of na ture icwatd a:1i nothi can prevert, mazi'ng a gicwth rapid aid 313a r ic it '3 our Tity to rake neJ efforts far the prese rva tion, ngrovefieut, and ci"ilizafion of t‘r nativJ inhdbitants. "be tunic“ state 'an exist onl" in th; Vast an-iltLVa Cu ies:rt. It yields to the fcrc= of c;viliioi populatlcn; and of r; ht it cu'ht t3 field, for the warth Ya“ “V;1 to ma.iind to =uiiort the jre.test nluL r of filth :t is Capable, and no tribe or pespl- haVe a ri ct tv rit‘hold fTJK the want: of othezs mars than is ne'e::urg, fer their ow; L gport and cenfert. ‘ ‘ In 1313 he told Co; recs +.nt eiperience had clearlv demonstrated ’ . r- v-‘-v~ ,\ . P. 2‘. uuaq. : ‘fi . S <'-n.—‘ u" k a- that indepenuen eaVage conninitlcs Can not lone ell- Litain the —J limits of a civilized pepulatien and again, in his second ina u3ura address he declared; honroe's pee The Ind fu‘ly a h he tr s+awn a ccunitt In 1822 an I 'e, mature, ar d Cu”"lct€ in the Ocuhe 0* 1 ress of our sc Htl Llents “estuard, supported ) India.s, back, with almost the cf *‘ lands which they have been .indczi.... . Tizeir e dries should cease, in lieu o i i l; be secured t starity in campetent r t p3 porticnc' a1 or itqi3r .hus cedei by each tribe 3:r1= respons- uivalent should be gr nted, to be vested in -nt funis fer the u;“o"t of civil gQVernment an ail for t‘ie education of their children, instruction in the arts of hustiandry, and ‘ 1 itien is sell summarized in the following notation; ian pelicy of James hoarse was worsen out more nd p_rnanently than m at Americ" policies r':~,. c ave been. 1A8 states were so glad to set rid of .33 that they were "Milli 3 -articisantc, and ' t isezwuld have {“10 ”J T‘DLC. , 4.0 .1131: i“ , ACLQLJLE , not waver in tlw :ir support wort forces the histcrian .L J ’Tney are or the out; de of us, an as of Congress at the end of Jachsan's s 8 ndian Eureau was created in tie uar Depart.ment to 9 aid in carrying out non nge's pregrun. The prevalen stra ion has can: t It idian probleri diaries President Adams‘ admini- erned with L he nnving of the Creek Indians from “a State or Georgia. In 1823 a treaty was signed at Indian Springs with.thei which grcviiei for theirs flute rzmova l 7 J. D. Richardson,;é Ccrpilatisi “f the mess ‘rs ard lagers cf is Presidents, pp. 385; 615 £61 ()0) 1;. a. faxscn, CE. Cit. from Georgia but the Greeks soon discovered that the treaty was fraudulent and Adams admitted as much in a special meSsage to Congress in January, 1826. Another treaty was negotiated in 1826 which provided for the partial removal of the Creeks but it left them still in possession of part of their holdings in Georgia. At this point the question became one not so much concerned with the Indians but whether Georgia would obey the laws of the United States government. Adams was disposed to a peaceful solution of the dis- pute, and finally a third treaty was negotiated which provided for a complete removal of the Indians from Georgia to the west side of the Mississippi River. Adams stated his position on the Indian problem in his last annual message in 1828 by deClaring: ...in appropriating to ourselves their hunting grounds we have brought upon ourselves the obligation of pro- viding them with subsistence; and when we have had the rare good fortune of teaching them the arts of civilization and the doctrines of Christianity we have unexpectedly found them forming in the midst of ourselves communities claiming to be independent of ours and rivals of sovereignty within the territories of the members of our Union. This state of things requires that a remedy should be provided-—a remedy which, while it.shall do justice to those unfortunate children of nature, may secure to the members of our confederation their rights of sovereignty and of soil. As the outline of a project to that effect, the views presented in the report of the Secretary of War are recommended to the consideration of Congress. 10 The attitude of the Presidents of this period was the continuous removal of the Indians across the Mississippi. Monroe and Adams had been satisfied with allowing the Indians to emigrate voluntarily, but Jackson was determined to use force if necessary. "A mere reading of the statutes and treaties would indicate no definite change, but 10 A. E. Martin, Histogy ___1; the United Stateg, Vol. 1, pp. 255-57; J. D. Richardson,.gp.‘g;§., Vol. 2, pp. 525, 526, 416 6 when the method of obtaining the treaties is taken into consider- ation, it is easy to see that the government was determined to use 11 any pressure necessary to accomplish its ends." In his annual message to Congress in 1829 Andrew Jackson out- lined his position on the problem as follows: As a means of effecting this end I suggest for your consideration the propriety of setting apart an ample district west of the Mississippi, and without the limits of any State or Territory now formed, to be guaranteed to the Indian tribes as long as they shall occupy it, each tribe having a distinct control over the portion designated for their use. There they may be secured in the enjoyment of governments of their own choice, subject to no other control from the United States than such as may be necessary to pre- serve peace on the frontier and between the several tribes. There the benevolent may endeavor to teach them the arts of civilization, and, by promoting union and harmony among them, to raise up an inter— esting commonwealth, destined to perpetuate the race and to attest the humanity and justice of this government. 12 During Jackson's administration the actions of Georgia and Alabama brought the Indian problem to a critical stage. In 1802 Georgia ceded its western lands to the United States on the condi- tion that the United States should remove the Indians from the land within the State of Georgia. The government had been fairly successful in extinguishing Indian land titles, but in 1825 the Greeks still held 4,245,760 acres and the Cherokees 5,292,160 acres within the State of Georgia.l:5 At this point a question arose as to the right of a state to regulate the Indians within its borders. When the case was appealed to the United States Supreme Court in 1852 John Marshall rendered his famous Worcester‘z. Georgia decision. 11 L. F. Schmeckebier, _p. git“, p. 55 12 J. D. Richardson, 22, git., p. 458 15 Wm. MacDonald, "Historical Status of the Indian Territory," Magazine 9f American History, Vol. 9, p. 445 7 He recounted how the laws and treaties of the United States under the Confederation government had always considered the Indian as a separate nation and this position had been carried over into the Constitution. In his opinion he concluded: The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accu~ rately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with the Acts of Congress. ~14 The answer of Jackson to this decision is classic. The decision did not deter him in his efforts to remove the Cherokees from Georgia. By this time the Indian had learned that the white man's word could not be trusted when the Indian's interests were concerned. In 1852 Jackson signed a treaty with the Cherokees which provided for their 15 withdrawal west of the Mississippi. The manner in which this treaty was carried out indicated Jackson's ruthless determination to remove the Indians. At the end of'two years only two thousand tribesmen had emigrated to their new lands, thereby making it necessary for nine thousand troops under General Winfield Scott to be charged with 14 J. P. Hall, g§§§§_gn Constitutional Law, pp. 972-5 Other cases involving the rights of the Indians of this period are interesting. In the Cherokee Nation 35 Georgia (1851) Marshall held the right of the United States to make treaties with the Indians and that the Indians were a separate nation from Georgia. Another case of interest was that of Tassel, an Indian, who had been sentenced to hang by the courts of Georgia. Tassel appealed his case to the Supreme Court (1850) on a writ of error and the court ordered the governor of Georgia to appear. The legislature of Georgia denounced the court and ordered the sentence carried out. Tassel was hanged. Wm. McDonald, "Jacksonian Democracy," The American Nation: §;History, Vol. 15, pp. 162-189. This chapter contains a good discussion of Jackson's Indian policy. Also see A. C. McLaughlin, A Constitutional History 9: the United States, pp. 246—49. 15 L. F. Schmeckebier, 9p, git,, p. 55 the details of an expedient removal. The Indians were rounded up and placed in stockades and their property was sold at a small price to the Georgians who followed in the wake of the troops. It should be remembered that these were not blanket Indians but a people who had achieved a degree of civiliza- 16 tion which compared favorably with that of the frontiersmen. With the completion of this removal the Indian had been placed on the frontier, the Indian country had been solidified, and the details 17 of administration had been completed. During this period the Office of Indian Commissioner was created (1852) and about the same time Congress provided for a Bureau of 18 Indian Affairs in the War Department (1854). From 1840 to 1871 there was no contribution either from the legislative or executive branches of the government for a solution 19 of this problem. With the establishment of the Department of Interior in 1849 the Bureau of Indian Affairs was transferred from 20 the War Department to the Interior Department. During this period, however, influences were arising which were to effect the Indian vitally. The frontier policy which had just been completed was doomed to be abandoned. The rapid expansion of the nation westward to the Pacific and the invention of new methods ' 21 of communication were mile—posts on the road to Indian extinction. The immediate result was, that "the Indian policy of 1325 was quietly 16 Ibid., p. 56 17 F. L. Paxson, g2, £13., p. 234 18 House Misc. Q2g.,,gp.lgit., p. 68 19 L. F. Schmeckebier,._p..gi§., p. 45 20 figuse Misc. Doc., 22. £_i_i_:_., p. 68 21 F. L. Paxson, _p..git., pp. 529-50; 451-2 dropped, bo= nwnt to communicatien hat of of f1? , . ”‘7 , . “r n eaS and leafl—a nunhcr Lore nan CH ndary to check American dis; 1'“ ‘3. u'cf’+ 1‘1 hands title to land and to find‘htarmw _;1e it necessary fer these circumstances fifty-two t ("7“ 2.1.9 “332’, I‘Vu‘tl OI} rash of copulatitn from tEE 1 n '1 ‘ .‘A‘ J: W 13c? Congress appainteu a -as artmufi ‘31 F I ('u "7'n"'.‘ 1’ +..‘\.'} VJA.LL.¢ .‘ V'a-I : 811”tln3 8&1363 of fricti and the re-'_;io:1 of the plains, , ..n CC "Sta? . 1'} A ‘v r~1 ~' ‘rfl‘ ngfj ‘l'w' It a ‘H C1 I‘ O I). .3 system was the U I ‘1‘1r 4' s..-_ 'J ties + hen S uh o ‘ “*31 L‘- $1833 Afltnt J hflldi dariué .+ .M as 8. arm: C‘. . ‘I .1 ~AL‘ tiated 61 result between vay for the dis. ; "(1) to ragcve rams-Liosissifpi P'.‘ ...°$‘ ‘n T~-_' Um; 1L“ tie LJQI (I a . L Ilib .113 t I, N "“ I-e - ‘2 . I.- .‘ t ”. auhvu. \Ql ‘ w -. ~vr lvbb I 51‘ o secure Earmanefit h3393 131011 I w‘sun- . HA- 7-" r ' - 3 v-“ ' s -‘ . zithcut 11th--urll;, with tilt of the remaiiaer of the Uqltbi states ‘ r - ‘-‘ V‘\ ‘ u - v -. 1‘ Y“-‘ -'° ». 4 I ' ’ 'I ' In the Course of t1.e tee reserw,ticn eszeM cane to bi eunsid- ered b mos t aiflt critics as a b1 ot upjn the pafe: 3? our trticnai 9,‘ ., .1~,,.:.. ..\ : ,r- 1 ,\ - ah--. 1 , J- v .... .. :.. 0 r..utor‘;'o 1J~D pvl‘cv n). th;: (5‘ Kl“ r“ .31...1t LE"j t 3 1.11:) TJQJ CT “Jtiun ClJ ‘ Fwy - ': a: + 0 tne iroian in -nno. . ‘a 4' . ‘ ‘\ v 1 .Q 7- -q 1 ‘V a; "arcs c1 th; n.u11n, t1-e lidians were fed, clothed, .‘ ‘, ‘ a (‘0' .— - I .3‘ - ‘ P- ‘ ' and hc-ee a azermncntal birfficua no of.urt. were r. - . .- r . en'A' . ‘ r - en rtcd to ha-n the“ Scl.-Ju;-lclnv. Una ca not re- 53st foo deepl' the methqfs employed 1 mz’ln“ the ‘1 ‘ ‘ b to,“ u : _ . ‘ ‘n - n '.‘ We tcr 113. care her :hite habit #131. ihe icuerul ~ I T ~ . $1- I‘ - 1 a _ _‘ - ‘ 1 a ants at the inulan rec‘ vutitns ”era, as a rire, ‘: ,. - u I" ‘- v . -- . 9. ’. ‘ .',_ ' i.ncrant and rasplnL men. mafia arLy . werais Capital- .'1 A ;- . 1A .1" ' ‘4‘- r‘ . - 1- ‘r. - - lied thai presence in t.e rar "cs. u bUi d‘ tnei - Q l . ‘ ‘0 - u -‘ . Vi I ‘ V r ‘ . - reputatlc a, thv ndohln:tju oifieiois Jm; 'clo.re i ail the pr _ "' Gl‘ ad Ibid., p. cud '\ V o . 4 2* ‘ b“iuc‘{3b e‘ o; ""t o « u 4-40 A a Not \I ab 1 1 , o \- 4. a , o x S r n ‘N " Y. .' ,_,.. ‘- — . ' < .- 1 "‘ A '7 ‘ ’1‘ ‘ Q: 11. .LJ. itLC;:1, A.-or10u inv'V'Ltc. ”but , 39. 1931.-“ n: L A 10 devices of a cruel penology to break the spirit of the tribesmen, the most frequent being exile to the swamps of Florida. To study patiently the problems of the Indian; to seek to smooth the way for his adjustment to a newer and higher civili— zation; to help preserve an ethnic consciousness which might have made the Indian happy in his bondage; by education to teach the had man to stand on his own feet and to find in economic independence one form of release: All these did not come until the American chronicle had become spotted with unnecessary Indian wars, illegal entry of Indian reservations and the breaking of the spirit of the few free tribesmen who sought to remain on their ancestral lands. 25 President Grant's administration of Indian affairs (1869-1877) was known as the "peace policy". In 1869 Congress passed, as a portion of an appropriation bill, a proviso which authorized the President to appoint a Board of Indian Commissioners who were "to be selected by him from men eminent for their intelligence and philanthrOpy, to serve without pecuniary compensation".26 In the same year Congress appropriated $2,000,000 for Indian affairs but with no direction as how it was to be used.27 It was Grant's pur- pose to end the continous Indian warfare. As a means to this end, "he was aided...by various religious bodies, who first met the Board of Indian Commissioners at Washington, January 13, 1870. After this the Indian reservations were portioned out and the sev- eral religious denominations asked to name certain agents who were 28 appointed by the President". A recent biographer of Grant thinks 25 L. M. Hacker and B. B. Kendrick, The Histogy' f the United States Since 1865, p. 156. For a more lenient appraisal of the reserv- ation system see A. W. Hoopes, Indian Affairg and Their Admini- stration, 1849-1860, pp. 255-58 26 United States gtatutes, Vol. 41, 41 Cong., 1 Sess., p. 40 27 W. B. Hesseltine, UlysseSIS. Grant, p. 161 28 House Misc. Doc., gp.'g;§., p. 65 11 that this procedure is indicative of Grant's "sincere desire for an economical solution of Indian difficulties".é9 In 1871 as a result of jealousy between the Senate and the House, in which the latter considered that the Senate had too much power in making treaties with the Indians,U0 the following provision was enacted: No Indian nation or tribe within the territory of the United States shall be acknowledged or recog~ nized as an independent nation, tribe, or power with whom the United States may contract by treaty} bl By 1876 some definite ideas were being deve10ped as to the best method of dealing with the Aed man. In his annual report of that year the Commissioner of Indian Affairs, J. Q. Smith, stated: "In considering whether modification of existing methods may not be desirable, I have arrived at the conviction that the welfare and progress of the Indians require the adoption of three principles of policy: First: Concentration of all Indians on a few reserva- tions. Second: Allotment to them of land in severalty. Third: Extension over them of United States law and the jurisdiction of the United States courts".5d fihen President Hayes took office in 1877 he found that the Indian Bureau was costing the United States $6,000,000 a year with- out any signs of efficient administration of their affairs. In June, 1877 Carl Schurz, Secretary of Interior, appointed a board to investigate the conduct of Indian affairs, which, in the course 29 W. B. Hesseltine, pp, gi§,, p. 161 50 F. L. Paxson,.gp..git., p. 509 51 United States Revised Statutes, Sec. 2079, Chap. II, Title XXVIII 52 Annual Report'gf the 99mmissioner'gf Indian Affairs, 1876, p. VII 12 of time, brought in the usual report of corruption and disregard for law and Indian rights. This action led Schurz to dismiss the Indian Commissioner, the chief clerk, and the worst subordinates, cg'z 9U and to take steps for a reorganization of the Indian Bureau. The management of Indian affairs under President Arthur was but a repetition of his predecessors. A recent biographer of Arthur states the administration's action as follows: Secretary Teller's conduct of the Department of the Interior was harmful to the Administration's_reputa— tion for reform. Although he left most of his pred- ecessor's major subordinates undisturbed, he made a clean sweep of the incompetent sectarians whom it had been the custom since Grant's first administra— tion to appoint to the Indian service. Naturally, the professional friends of the Indian became antag- onized. Both Teller and Arthur had expected that. Equal hostility was created in the West by Teller's "soft" policy toward the Indians in sharing their opposition to the "severalty" proposal, in aiding Helen Hunt Jackson's work, and in advocating exten- sive Indian education....More contestable were the Democratic strictures upon his management of Indian lands. He found, for example, that the established practice of leasing "grazing rights" on unoccupied Indian lands had led to wide abuses, and, while de- fending the legality of such leases, asked in vain that Congress grant him authority to regulate them. ...Near the end of Arthur's term after negotiations with some of the Sioux had broken down, he ordered the opening of some excess reservation areas to the operation of homestead and kindred laws. The order was at once denounced by persons who contended that the Indians owned the reservations. They declared it illegal and unjust. Both charges were at least debatable, for at no time had the government granted these Indians any title which they could rightfully assert against the donor. Their lands had been re- served for their use, not submitted to their owner- ship. Judged by any standards which justify the white advance across the areas formerly Indian, this particular action would not seem harsh. 54 55 H. J. Eckenrode, Rutherford p, Ha es, pp. 265-7 34 G. F. Howe, Chester A. Arthur, pp. 212-15 15 The period from 1776 to 1886 left much to be desired in accom- plishment of a definite Indian policy. A new and bursting nation with a vast domain to be settled could not be bothered with the Indian obstacle which stood in its way. As a result, very little can be found in the history of our relations with the Indians dur- ing that period which reflects to our credit. Broken treaties by the score, forced removals, starving wards, unscrupulous government agents, greedy settlers, and bloody wars all attested to the policy pursued by the government. The one positive accomplishment of the period was the movement of the Indian westward. 14 II The period between 1877-1887 was marked by a concerted endeavor on the part of many agencies interested in the welfare of the Indian for the formulation of a new Indian policy by the government. It was becoming increasingly evident that the reservation system had proved very unsatisfactory. There were many inherent evils within the system which were causing it to decay and which Professor Painter, Speaking at the Lake Mohonk Conference in 1886, had called attention to in these words: The reservation line is a wall which fences out law, civil institutions, and social order, and admits only despotism, greed, and lawlessness. It says to all the institutions, methods, and appliances of civilized life, 'Thus far shalt thou come and no farther' and to patronized idleness, and to every vice which de- baudhes the savage, provided it does not endanger the safety of the white man, 'run riot into whatever demoralizing excess'. 55 The task of finding satisfactory Indian agents to administer the affairs of the Indian was perplexing. Indian Commissioner Price reported in 1882, that "among many causes which exist tending to retard the improvement of the Indians, one very important one is ,» 56 the difficulty of procuring men of the right stamp to act as agents". He complained of the difficulty of discharging an inefficient agent, pointing out, that "within the last year seven entire months were 57 consumed in making such a change.....". He did observe, however, that the sweeping charges of dishonesty leveled at agents were 58 untrue. 55 Fourth Annual Proceedings g£_Lake Mohonk Conference, 1886, p. 20 36 Annual Report'gf Commissioner 2§_Indian Affairs, 1882, p. IV 57 Ibid., p. V 58 Ibid., p. VI 15 One of the outstanding evils of this system was the acqui- esence by the government for white men to carry liquor to the reservations. This created a very unsatisfactory situation and resulted in complaints from many sources. Commissioner Price re- ported in 1884 that even the Indians resented this practice and he made a plea for its abolition in the following statement: What must an Indian think of a Government claiming to be governed by the principles of Christianity, and urging them to abandon their heathenish prac- tices and adopt the white man's ways, which at the same time allows the meanest, vilest creatures in persons of white men to demoralize and debauch their young men by furnishing them with that which brut- alizes and destroys them? 59 The administration of the Indian Bureau at Washington was wholly unsatisfactory. For example the appropriations for the Indian service were divided into about two hundred and sixty separate and distinct appropriations. Furthermore, each appropriation had to be used exactly as Congress directed, "...although", as the Commissioner complained, "it may happen that in one place there is an abundance, ' 40 while in another want and famine may prevail". The fact that the army was constantly on guard in the West augmented the problem. Many times the military was wont to over step its authority. In 1881 Commissioner Price reported: J..as an officer of the government instructed under your direction with the management of Indian affairs and the material welfare of the Indians, I do seri- ously protest against the reckless consumption of timber upon reservations by the military, and request that measures be taken to define and restrict their rights in this respect,... 41 59 ggnual Report 9_ the Commissioner 9: Indian Affairs, 1884, p. VIII 40 Annual Report 9; _t_h_§ Commissioner 93 Indian grams, 1883, p. VIII 41 Annual Report 9§_the Commissioner 2_.Indian Affairs, 1881, p. XXX 16 The reservation system was rotten to the core. It was the breeding place of influences which were retarding completely the Indian's progress. As early as 1876 Commissioner I. Q. Smith had commented on that fact. He observed: "As new constituted, these reservations are a refuge to the most desperate white men in America. There the vagabonds, the outcasts, he criminals, the most immoral ‘ and licentious of the pOpulation of the western country take up their abode because they are practically beyond the law, and can live lives of crime and debauchery with impunity and without reproach. Such men seriously obstruct, if they do not render 42 nugatory, every effort to give assistance to the Indian." It was becoming increasingly evident that the reservation system as a policy had proved unsatisfactory. But there were in- fluences outside of the system.which also had their bearing on the question. The land hunger of the people of the nation was becom- ing greater each year as the available sipply of free or cheap land became smaller and as the growth of pOpulation increased the demand for such land grew. It was not without its effect on the Indian question. Carl Schurz, Commissioner of Indian Affa rs under fres- ident Hayes, writing in the North American Review for July of 1881, pointed out that the great part of our Indian trcuble arose from the greedy encroachment of whites on the Indian's lands. Kr. Schurz stated the case as follows: No intelligent man will today for a mement entertain the belief that there is still a nook or corner of this country that has the least agricultural or mineral value in it, beyond the reach of progressive civilization. Districts which seemed to be remcte 42 Annual Report g£_the Commissioner gglIndian Affairs, 1876, p o VIII-IX 1.4. ’t“ L); o ‘1 EJ u) I U: r J C H (7‘ :1 (T H- (A. c+ o d ”'1 r+ H +3 Cr ‘41 few years a1) have be en.or are new Montana Hashinfjtc. o are m Indiana vm {- -. rJ '1 ‘\ . L‘: ‘i U) I» Y 3—. O D are easil :1 H- (‘4 sulted in cr:)wdin: the Indians 3-1t c has tegun.and is m mpiily gain: on in those T ' -ttl(n‘s and HEJlEFS st.se"inni u ' a it * -’ ‘ \ r 1. fi-4 ‘ . {53"11‘13, w‘ “l Vail? 3V??? ad}. 311 F (U L') ,H‘ ’ J .4 “d 3‘ I: I" t) (J) (. C; 'J (H + :3‘ y 54 pl Lu L4. C. L: H‘. 9,, .s...hcld Ge tract: 3: cou.+ry thich, possessed *y then, are -f no advanta*e t3 anthdy, while as it i“ said, thoustnds u;-n thzusands of waite ‘ecple staxd read" to c lti"a.c t‘nm and m :6 them 3 htri t the “ i‘sn'l "ea-t1 is C‘.‘ t) m d- O u 22 . ‘4 c+ 2.." ,4 C+ :3‘ , s t 3 thrm o humane principles, 1‘ut also many who: it would be t ince that it is a crine to kill an O (1 JC *4- :3 PJ ‘4 . ”c? (P 0‘ u a f- 54 ids lands is not n volume tit: pepul ation incr , until . way 01' fine tuE'I‘, TIC 1&1 r8353 Vd‘ on after another falls into the hen e of white c+esm F‘- H- {.1 D. ’——1 H ‘4 5.4. :3 r) ‘1 . .2 ‘ -.‘ . . v. ~ - v ‘7 "‘ '." sett ers. oimvriy, the; this ran a c up “has, the indi n . ‘ ‘ v M U LA- -.§~ —. 4-,] \ w- - ‘. y 5 .- Cisfcssca J€I€ re oved 13 Cine; Va3dnt e pl-ccs o hsr ".est.vari. Ion the expedient is no longer ope . The v:estcrn country is rapidly filling up. A.stea’y stre am of inm.i1rat on is fo .lenin; the railrcid lines and then spreading to the richt and left. The vacant pl we 3 still existin: are eith:r worthless or wills Jon be er“csei ta the sa e inv - 3103. “he plains are bein “ occutied by cattle- rainors, the fertile valleys and outtem-l ands by agriculturalists, the moun+ ains by miners.. «1a t is to becfime of the Indian? 45 re 43 North American Review, V31. 12:, C. Schura, "Present Aspects 0 Indian Problem", pp. 3-4 n7 Ihis Same influence was ehphesized by the minority report of the House Committee on Indian Affairs in 1380. This report on bill No. 0038, "a bi ll providing for alloinent of land in severalty to the Indians", concluded: The real aim of this bill is to get at the Indian lands and open them up to settlement. The ravi- sious fer the apparent benefit of t?.e Indian are but the pretext to get at his landsa nd occupy them. dith that accomplished, we have securely paved the way for the exterminn tion of the Indian races upon this pert of the c:ntinent. f this were done in the nnne of greed, it wrild be bad enough; but to do it in the name of humnnity, and under the cloak of an ardent desire to promote the Indians zelfare by making him lik e ourselves, :hether he will or not, is infinitely worse. or all the attennts to encroach upon the Indian, this attempt to manufacture him into a white man bye ct of Co ngress and tr e grac e of the Secretary of the Interior is the haldest, the bolde , and the most unjustifiable. 44 st inese authoritative and official opinions indicated the pressure which the Indian was subjected to in his attempt to hold the lands which he d been assi3ned him by treaties with the United States government. In adlition, there was a growing opinion that some form of law should be extended to the reservations and that the Indian finally should be granted citizenship. In 1930 the House Committee on Indian Affairs reported fcvoraoly a hi: I for the exte ms 'cn of criminal law to the Indians in the following statement: "Your committee think it not only desirable bu necesSary to the welfare of both races, and espec1elly to tPe improverent and civilization 45 cf the Indian". In 1376 Commissioner Smith pointed out that his predecessors had reiterated the necessity of law for the Indians and he appealed 44 House Report, No. 1576, 46 Con;., 2 C 33., Vol. 5, p. 10 45 House Report, No. 450, 46 Cong., 2 Sess., Vol. 2, p. l 19 to the statemen for such legislation. Likewise, he indicated that the Indian had been deprived of most of his possessions and he raised the question: "ought we not ani shall we not “ive them at least a secure home, and the cheap priceless benefit of just and 46 equitable laws?" The Commissioners following 1876 repeatedly emphasized the necessity of such legislation. Comm ssisner Price in 1382 made an exceptional plea. He stated tie condition and needs of the Indians in these words: ...so that today the only statutes under-which Indians are managed and controlled are substantially those reated in 1854, known as the trade anu intercourse laws, whose main purpose was to regulate traffic in furs and prevent sale of ammunition and intoxicating drinks and intrusion upon an Indianzresezvaticn. As civilization advances and the Indian is thrown in contact with white settlers, the authority of th chiefs proportionately decreases. It is manifest that some provisions of law should be made to supply this deficiency and protect Indians in their indi- vidual rights of person and property. 47 Again this position was reaffirmed by Price in his report of 48 1885. Interwoven with the question of the extension of law to the Indian was also the problem of granting him citizenship. The House Committee on Indian Affairs in 1983 reported a bill favoring the extension of courts to the Indian, the grantin3;of citizenship, and 49 the allotment of land in severalty. It is necessary, however, for a people desiring citizenship to show some qualities which would warrant the granting of it. The Indian had shown sane ability to 46 Annual Report 3: the Commissioner.g£.lndian Affairs, 1876, p. XI 47 Annual Report g£_the Commissioner g£ Indian Affairs, 1832, p. XIX 48 sung; Report 2i; tie Connies ioner _c_>__f; Indian Affairs, 1863;, p. 49 House Report, No. 755, 46 Cong., Z Sess., Vol. 3, pt. 1, p. 3 20 perform he duties of a citizen. its Indian police system estab- lished in 1878 was working satisfactorily. In his upcrt for 1952 Commissioner Price remarked, that "tried as an experiment it has 53 proved a decided success". Again in 1985 he reported: "Many instances of surprisin» t.) fidelity to the trust imposed upon them, under circumstances which would swerVe m'ny a white man from is 51 duty, might be related of these policemen". as early at 1877, Mr. Ingalls introduced a bill in the Senate (S. 10?) providing for 52 Indian citizenship. It failed, hcsever, to become a law. Not all people interested in the problem were satisfied that this was the correct step to be taken. many felt that to take hasty action in the conferring of citizenship would do more hirm than good. Cne writer of the period stated the position of that group of people when he observed: amcrica owes a daty to its Indian subjects, or wards, as you may please to call them; but let us not, from too keen desire of reparation heap upon them rights and privileges, which will injure ourselves and do the Indians no good. We should educate the Indian, inform him of our civil institutions, give him some idea of government, teach him the principles of right and wrong as declared in our laws, gradually subject him to .he penalities of the law and.adnit him to our courts where his civil rights may be administered and wrongs redressed; then put upon him the burden of taxation, confer the ballot, and finally crown him with citizenship. 53 The Indian Commissioner for 1885 was of the opinion that the "Indian must be educated up to a point where citizenship would be an advan- 54 tage and not a disadvantage". -rr 7' 50 Annual Report .9}; the Commissioner 2}; Indian Jiffairs, 1882., p. 2.1.11! 51 Annual Report 23_the Commissioner g£_Indian Affaiag, 1895, p. XXII 52 Senate misc. 223,, No. 18, 45 Cong., 2 Sess., Vol. 1, p. 1 55 Americanwégfl Review, Vol. 20, G..M. Lambertson, "Indian Citizen— ship", p. 193 54 Annual Report of the Commissioner 22 Indian Affairs, 1835, p. VIII 21 .1 .‘ {'c‘l ‘ l . vv' ,- t,‘ . ‘ ‘ u ‘- :- A tionsl luster which $13 to e; in the inaugurltlon of H. ' -- l ,1 £811 Liam a .e av In1ian poliCV'vs as the grow: 3 recognition of the need for Sicfli ficunt date and othe rpectin: nt corisiderutions, showing the feasibility. economy. and entin at 1‘ *ne 8 of tie policy so Yell initiated in the schools aCOV3 desor3CLl -~the mouse v0 ittee on Indian Affairs on Agril 6, 1980 reported favorably a bill to estab- 5 ()1 w- lish "1m d3 trial Train ng Schools for Indians". The Indian Cunnissionsr had repedte dlys stuted that th e In1ian had the native ability or inherent capacity to learn. moreover, the luck of ability was not the cuuse of Inflisn ignorance, b1t rather was to be found in the mea er’app cpris tions which Congre.m was allowing fer theiI' education. The Report of 1835 compared the Indisri to‘th: Anglo-Saxon in his progressiveness and in his 57 rasp the intellectual and norul values of life. The Luke thunk Conference passed the fcllowi.: resolution in 1386: "That the num f dsy 9r eels on Iniien reservations should 0" '1) H 0 be multiplied inzxceordunce with treaty stipulations, which promise a schoalhéuse and teacher to eVery thirtv'snildren among the Sioux and their tribes, and thut in these schools systematic industrial truininz should be furnishei inzsdditicn to the elements of an ()1 House Report, No. 752, 46 Cong., 2 Sess., Vol. 3, p. 4 3 lenor of the Commissioner of Ini‘sd Affairs, 1931, p. LLQVII Annusl Report of the C;"nifsfunar of Iaiiun Aff'irz, 1995 p. XIV s: ’1 L A J , ~ 'f‘ o a. -‘ ’ - .~ . u '> 2 A " ‘~ 9 .r 4: '-‘ ' sort the uUchlJtunJcn. V; Inliun ochlols (‘1 ()1 01 q 0} {)1 p .J '3. -9 .0 1-.. I. ‘_ V \. ‘- r‘. n, .- n. A 7'7 n-s CL the “ale No.0na o-n er file, 1 3o, p, 3° — Jo Ins L“35-‘h cf truirinv the Inli 3 in u“11211+ul_l 1"”ulto 1n1 securin‘ him in tu L-Jse=si»n )9 his lune ”1s od"h-r :u-tvr -ekinj .or a chunje of th: Iqiisn yu-lCVo quinizsiow:r Jr‘3c re- parted 4" 199‘ the ‘rculiozn 3? t.‘ ‘Pverrmcrt galls" :f h;riin; uni feeiini the Indians Ofi'the reservation. he gleuded for a ,_ .‘, 7 ‘1 . -..‘ ‘ L , ‘_ L‘v. -~ ;-' .,\ IL; ‘ ‘».'y‘ r “.7. ‘. |,".""‘ e ‘t‘ p01101 Ail-levni .'.~.. .14 J. L L‘ASLJ “.6 aL-1.L.s\-'f '-!~—‘ d-‘Au‘v- V's 5.. UL» -Z .L’v UvLL- Indians who went on the "u gathe n1 owneluden .lnth the State? t -rnue1t is largely to blame Tcr this". (W ('1 ‘3 (I; -. .,-... ,. . .. - , ,.. (v, - .Tn cane Yrs; many sourtes. lne - 11-- - - '. I -.~1., ..~ fl ' ~.,. _..t. .-_ r to -JU ndidn. As —ur-r as 1375 uemn.ssltner . -‘,_- ~ ., ,- ‘I 1.. + ° . J. C. Dussgtn fir ’urtbl than It has 1-10til :. . 1V? ‘. .-.: . 4)- J. r. 'r-,,-:.- .1 . .. tion ecalu CG LQLnEd ltr the Inulal as lcn . sivi iual JnUL-~uig cf the Ian He further aide" that sxch h3ld- be lla‘ lie noble for u pez‘icd of twenty to $.45 ings when fr lued snoul . - r 1"": 77’ r“ r‘ ‘_, . u r\ * a. n t . 1‘ _ . V ‘ ‘. u: fifty 3eurs. Ihe mouse uolmittee on Indian Aliairs ar;hgi l“ 1380 thut the true basis for civilization was in the "ownership cf 61 _ proper ty". Again Acting Cm mi'sioner E..M. mnrble reported in 38 , that: The dansnd fiJr title to lands in severalty by the rese rvsi on Indi “ is almost universal. It is a measure correspondent with th ssive sje in ".Jiich "8 liVe, uxwi is end true friends of the India-1,513 is i numerous petitions +0 this effect res=1ted to Congress 59 Annual Report 2£.the Commissioner 2£_Indian Affairs, 1381, p. III-1V 60 Annual Regort 21.: the Comissionsr o_i; Indian Affsi re, 1376, p. IX 61 House Regort, No. 735, 46 Cong., 2 bess., p. 2 'zs1s c1 Various States. Following the pa tents cones disir.te :ation from 1 relations, and, if his land is secured or a v.01es.9e period a~air~t the rapacity of sgeculators, the Indian aotwires a 3 nse of own- ership, and, 10m rin to a: preciate results and dQVJU+d"“ of l toz, insensibly prepare-s himself f-r the duties of a citizen. I therefore earn- estly recmnnoid the speedy pasSaje of SJCh e71 1 tion as "ay best effect the desired object. 62 Co @is sirner Price in l‘El was also of too opini;~n that one of L”? the di fi culties connected xi h the Indian;probfem came from the failure of the jcvernnent to give the Indian land in severalty. He observed that the Indian L'US never Ce rtain of h; s holiinjs hecuus 8 he had learned from exgrerienc that he was always liable to dispos- session by the $0"ernm nt at anv moment. Under such conditions the Indian when urged to cul t’ vate the soil was reluct to do so be- cause within a month or a year he might be moved, and son white perssn be permitted to enjoyr the benefit of his labor. "This is the way t e Indian talks, and thisi is the way a white man would 63 talk under sim ilar "'rc..-tanre- " In 1352 he reaf1 64 position. In 1895 the Cosmis sioner emphasized the ne wssity of Ircd his ccnvin ncing the Indian that this policy was to be the permanent 65 policy of the government. There was one pin eof this cuthre a}: of enthusiasm for placing the Indian on agricultural lsnis a d making him into a civilized farmer vhich needs to be noted, because it run throu;h the ccmgl1te set of reports cf the Indian Cosmissioners from 1877 to 1987, al- thou; h it xas cleverly veiled. The pressure to get the Indian off 62 Annual Report g£_the Commissioner‘gg Indian Affairs, 1880, p. XVII 63 Annual heport Eglthe Commissioner 2£_Indian Affairs, 1331, pp. IV—V 64 Annual Report 23 the Connissioner 2£_lndian Affairs, 1382, p. XLll 65 Annual Regort 93. the Ccnmiss ioner 22 Indian Affairs, 1885, p. V "’3 ' ‘3 (D ...J c? H. CS ('9' :T‘ (D the desirable lands of the nest waS'making itsol Indian Bureau. The genuine interest in the Indian should not be minimized but neithe should this additional factor, for as the Commissioner reconvended in 1995, that: "Jhen the Indians have token their lands in severalty in sufficient quantities...the re- .ed by the maining lands of their res rvations should be PUTChE (T) m government and Opened to homestead entry at 53 or 75 cents per 66 acre." .Althourh the money received from the sale of fliis land was to be used for the best interests of the Indian the fact can- not be overlooked that there was a persistent demand that the In'idn's reservations should be opened to white settlement as quickly as possible. There were a number of factors n:rkin3 for die adoption of a new Federal Indian policy. Some of them were outside the control of man; some were inherent within the old policy; sane were for the best interests of file Indian; vtile some were per“etuatei by the greed of the white man. Yet they were influences which were destined to bring about the adoption of a new Indian.policy. Three agencies were instrumental in bringing about u change in Indian policy'and their prejrems of propaganda were well organized between the years of 1880 and 1937. Indeed, some of these groups have continued down to date. The first of these agencies for the circulation of propaganda for the betterment of the fled mun was the Indian bureau. The Conmissioners for the period from 1976 to 'I) 1887 were J. Q. Smith, 1375, 3. A. Hoyt, 1377-7 , 311.14. Lark—1e, 66 Ibid., p. IV acting Commissioner, 1890, H. Irice, 1991- 35, and J. D. C. Atkins, 67 1395-87. Lention has already beenrnade of their atteapt to secure a land in sever lty law as well as educationa lpriiileges for the Indian. Their annual reports are sad connentaries on the treatment a %rded the Inuicns at the hands of the government. Each year they would reiterate their reconngmdati ns for a chcnfe of policy sni eachv we r Congress would fail to make any appreciable change. The earnest eff rte of the In’ian Cmej_ssic ers were not lost entirely, however, for in 1981 Helen Hunt Jackssn published.é Centurv cf Dishonc r ."hic h was lar; H1 written from these official reports. :4- Helen Hunt Jackson was tmrn n hassacnusettes. She obtained her formal education in Ipswich Female Academy, Lassachusettes, and at the echo 01 of the Abbot Brotths in New York City. She was a school mate and l ife-longfifriend of Emily Dickinson, tle Ancricun pcetess. In 1973 she went to Colorado for her health, and, while in the East, she be3an to develop an interest in the Indians' plight. after several years 3f study her interest in the Red man‘s predicament reached a climax we on she heard two Indians lecture in ston in 1879 or 1980 on the wrcnss of the Poo czs. She s- hortly begun to work on a bcnk which was to create a profound influence in lib Mi ' the Indian from bondage. Her shidy covered the entire dealings of the government from the Colonial period to 1881. The result of her research was a scathing denunci: ti on of the entire governmental policy and an urgent plea far a new and more enlifhtencu approach to the problem. Pter she h: d completed tr e ‘Uk0( she sent 6? Annual Re ort of due Corrizsiener 3? Indian affairs, 1877-198? 26 68 a copy to eac h member of Congress at her own expense. There is no question that the influence of this important bank was "not wittxcut a substantial influc‘nce in quieting tLLSe aha espoused the cmlse of 69 the ear Department". As prepa3a nda for-a racial ause it may be compared t3 Harriet Beecher Stowe‘s Uncle Tom's Cabin. The governn1:nt soon took notice of her efforts by appointing her in 13 3 to visit the Indians in California and to ascertain their ccnd tion and needs. She was also instructed to select suit- able lands from.tte public domain which could be made into permanent homes fer the Red man. In 1883 the recom nendatio ns of her commis- sion were published in the Annual Report of the Commissioner of Indian Affairs. The recommendations she made were as follows: (1) A resurveying of the present reservations; (2) rancval of all white people on the reservations; (3) the Indian was to be allowed to stay in vil -lages wh ictxwere on confirmed grants; (4) "the t all re- servations be patented to the several bands occupy'in ; them; the United Stat es to hold their patents in trust for twenty-five years; a provision to be incorporated in the pateits forzallotments in severaltv from time to time , as they may appear dc sireable"; (5) (D - ’ establishment of were Sc heels; ( the In 4 an a; Silt to be required to inspect them at least twice a year; (7) the appointment of a law firm to handle all cases of the Indinis' (3) "a *udicicus distribu- ) J ‘ tion of agricultural implements anerl3 the Indians" ,(9) a small 68 Dictionary 2: american Biographv, Vol. 9, p. 452 69 E. P. Oberholtzer, 5 History 91 the United States Since the Civil 333» Vol. 4, p. 643 Cberheltzer adds; "0f some influ- ence, too, was the book called Cur India. Wards by George Kanypenny, publ 'SJGd in 1880." cf. footnote p. 643 .‘ 4-; fund for food and clothing for the o the (4 f D L) '+ pr \0 '0 fl. OJ p. . O (1’ P4 (.1; "Q 'J (2 \" purchase of certain tracts of land. these reconnendations the Indian Commissioner made the following comnent: "Ile nece mity fur action reconnendod is given with great clearness and force in each Case. Rith these recommendations, with possible eXCeption f the la st, I fully 71 res, and will hereafter submit a draft of necessary legislation." (11 lo the r ports of hue Indian Connie :ionc r, which had beelégiVen voice to the public in_Cent1rv of Dishonor, there was added the support of two voluntary organizations desiring to better the riends Ft‘ Indian's condition, namely: The Lake hohonk Conference of the Indians and the Indian Ri3hts Association. The Lake Mohonk Conie ences were conposed of’people who had been seating annually *1 at Lake moi onl in New fork State since 1882 at the home of Albert E. Smiley, a Qua: er men iber of the Boari of Indian Commissioners. "They were a unit in a *zocating the policy of peace th ough kind- ness ani civ i zati on, thrturh Opportunity for education ani 72 york." Its membership showed that it was Gf'p Deed of ministers, members of Indian Associations, edicators and friends of the 73 Indians. The program of this group was to con lidate the sentiznent of the nation favoring the Indian by meeti together once a year in 53 They :5 m H) (\ '1 H »J 5,4 to O” (t ¢+ ¢+ ,5 0 order to formulate plans and resolutio loaned their support to any nrogram.which, in their'way of thinking, 70 Annual BLport of the Commissicn:r of Indian Affairs, 1993, pp. XL”v-4LVI 71 Ibid., p.m “’VI 72 E. P. Oberholtze-, 22, cit., p. 645 73 Fourth Annual Replort_ of he Proceedin;§._f the Lake hohonk Conference, 1906, p. 48 N LL) would aid the Indian. They steadfastlls tood lie h4nd President Cleveland and publicly praised him in the following resolution of October 13, 1886. It declared: Resolved, That the public ani private utterances of :resident Cleveland, eXpressin3 his interest in securnng justice, education, and ultimately citizen- ship for'tte Indian, and that sich wise and cour- age ous acts of th e present adninir ration as he revocation of that order Opening to white settlers the Crow Creek heservations,zind the ejectment from Indian lands of illegal occupation and armed intrud- rs, have the unqualified approval of this confer- ence. 74 On being shown the necessity of having the Dawes tdll pass the House of Representatives, the Conference on October 13, 1895 pro- 75 ‘ at the bi 11 be passed. 3’ pared a resolution for the House ancing t b The importance of these conferences cannot be minimized. They constantly k ept before the public and Ccngress the necessity for adequate reform for+ e Irdian, and one a ”tho ity feels that th were influential in the work of Senator Dates. He states: "In September, 1886, Senator Be as of Massach u se tes prepared a general act embodying the fundamental ideas ahich the Kohonk Conference had elaboratci,and which P (I) esident Cleveland had approved in substance in the autu.n of 1835." The third oi‘these propa anda agencies was the Indian Birhts Arfi.) .ociaticn, which was founded in etc, and probably influenced e U: (I) 0‘ u 110 opinion as much.as any one organizati on. Its declaration ’U "The Indian Ri hts association is the of principles claimed O or 3ar.ized expression of the people cf the United States re3a1d1n3 74 Ibid., p. 16 75 Ibid., pp. 12; 35 76 R. Mm LcElory, Grover Cleveland the Man and the §§atcsran, vol. 1, p. 231 c9 tle Indian." The three distinct pauses of its pn:"raa were indi- cated in the ellcting: 1 Law, and to awahen in the mini of file peeple a spirit of intertial jlstic e t: -.vurd the Indien, whicl1al-3ne hill mete law, when se- cured, operative: II Llucetlcn: by'wh is h'tha Iniian will be fully prepursi and dBValO‘El f.3r the .ew physical an: mfirul conditions into " 10 he nvat new P III A protectei up i Individuel Title to Lard which offers a certain reward to industr,, end witheut whit the fnzit3<3f the Iziian labor-are likely at any time to b“ (F {'24 (9 U1 ('1’ '1 C A ‘ (To Lu 0 *1 (D In attcu3t1fi~ to secure these for the Inflien t‘e Asscci”tion was To accomplish its nits the Associatioq worked on the Wrinciple ufitfihich Was " 'Vongress never redresees a W‘cng until the peenle demand it. Secure the eax'cf the people, and then c:me to fiashingt n with your stery.' " The or deni tion by which it prouesel to gin the "ear of the public" was very thorough. It cansistefl of‘a central board with psrueue nt offices cc “tea at Fl lladelphia, an executive cenmittee , ad ' csrresgc i- lng secr3tary who 39-16: wit h'ut TCJJHVFLTICW. aranch 0“‘ufiizeticn3 were fonhed thn u13hout the pri.c -pel cities and tgwns of the cezntry through which the ropafenda cyuld be disseminate} uni pressure could he brought to bear on Congress. A salariei representative, 4 ~ YT.‘ 'v ‘ + '1' a ‘ .- '.I > ~y ‘ ,‘I Q :P‘. A. -' ,. *rc-esser . L. :alater, Wu: kept at ”ushi23ten while anifcss W48 3'” ' ." ’1-” -n '1. T-.. f: 3.. . w - '.;.'- mm,- 7? lhird annuu; he-crt 2 1-: leclqe nlvets AQGUCIH sue, l~S'c1e‘i r. In their erase/e f’r Iniiqh ue‘i‘u that year, they sponge ei a tctql e? ferty eidreeszc which heie for Indian advancement. Iourteen hreiaha 01a..;,r.v ffirmei trin5in; the total to tWentg-sevefi. Lur;n5 the tin Associaticn male tTO j04rne13 Iue1a“ 19"“74.I_10, While total of £3,650 publication“ :c"erin5 twenty-one different 80 were sent Out for the public CCJSLJQtiUH. Its rec 11¢:1ea at: for legisl dti1on in 1’35 can: of the Danes SiO1I 3111 in Senate both of which “roviie influence of fizis that its sting was felt by Con5re331en "henever the; no g-H criticize it. The apgrogrietiea hill _Lr I d are in 13 55 was organiue 4-4 ,-. Cv*\v:’l and introou ’Jo E the Coke bill in 0‘. Lu mi in seVeralty. Q“ {I ,3: CV A .& tion was amcuum=nt prCV1e1ng tnet Indiana the e Illtteu crimes again ether 'erw to Le e1bjectcd to the jurisdiction 01 the . .. m‘. V- ?. 7‘: k r. .1—.:,z ‘ , CCJTto. lhe 1431ufl n15gta Aoecclet toc< CPCu-t for t1e 6 F6 tlm -' O - a f"’ l JV yin C‘HS wavu‘ v0 assaoe .1 the SI 1+ ‘ b v J oiehtly p‘"erf 11 att€11p+€d t0 passed with an with ;3 statement: "It is a hatter for osngratelefzch thet the cmuittc although not realizing all that was ieeircd in its efferts to extend law over the reservations, has at least induced bon"re:s t; teve a 79 Ibid., 80 Ibid., 81 It id., 82 C: 6-7 8-12 14 al pp- PP- Po ILOSIQ I 2rd, 49 Cent ‘g’ l 5683., p0 1733 V -C , C3 ()1 *— J step in the right direction." When President Arthur closed tte Crow Creek Hese z tion the Association again t;ok credit er th is action. As a resllt of th’~ procedure the Assccisiion felt that it had insp'red confid;.c e in the Indian to the extent the t the name of the Association had at length become a power tnrouchout the country in its stru”5le to vindicate the Indian's rights. It will be noted thit these two ornanizations were established L; L) in 1832 and 1883, respectively, while hrs. Jackso 's §;Ccnt1rr'2£ Dishonor was published in ICSI. One mifht speculate as to the possible influence her book had in the organizing of these asso- ciations. however, no record hos been found wtich would indicate that there was any aich connection. NeVertheless, it would seem that en h 8 st rring accusatio. of tne governmental policy could not fail to have a champion. 5y 1985 there were several groups that had been clamoring loudly and effectively for'a change in Indian policy. The Reserva- tion system had fallen into decay and a change was imperative Likewise, influences were impinging upon the system.frcm without which were to make a change ncndatory. Realizing this, these groups began their drive for a new Indian policy. by 1995 the question had been so conflc tely aired before tne nation that the editatifln for reform was likely to bear fruit. 83 Third Annual Report 2£_the Indian Rights Association, 1895, p. I 84 Ibid., p. 17 0'; III The prevailing opinion that the Indian he no right to the lands he had been occupying was giv an definite e2. pr res sion in the opening of the Crow Creel- IxeserVation to settlement by President Atthur on Eebniary 27,188-5. This action was taken just five days before 85 Cleveland “as m'd the: fir mid my. The effect of this act was to deprive the Indians of 500,030 acres of land Which had been granted 86 them under the treaty stipulations of the Federal government. The rush of the frontier Wen to take up this Land was speed". A few thousand persons forgot that a period of time was to elapse before they might legally enter on die land. Regardless of this provision, many moved in and established homes , farms, and ranches. The government ultimate a1y sent sixteen companies of cavalry and.tvo 8? of infantry to guard the borders agains such illegal entry. The Indian Riehts Association, ever watchful of the Indian's interests, investigated these trans3re ssions and found that they were in violation of the Treaty of 1868. It E'ortly in1ormcd the govern- 88 went and brought some pressure to bear. To Cleveland the opening of the Crow Creek Reservation certainly ap cared to be a violati on of the treaty provisions and a rank in- 89 justice to the Indians. At his first ca‘inet meeting Cleveland instructed Secretary of the Interior Lamar to make a thorough invest- igation of the entire affair. "As the Secretary pressed his inquiry, he became convinced that President Arthur's order was an imposition to m U.) 85 A. Nevins, Grover Cleveland, p. 86 R. l... LicL‘lory, 93. 9A., p. 222 87 Ibid., p. 222 88 Third Annual Report Eglthe Commissioner of Indian Affairs 89 R. M. lucrllory, 93. " _) hf .L '0’ p. ‘6“ 53 upon an ignorant, con id n; peo,le which.would distress and retard 90 the progress of the northern tribes toward civilization." Cleveland 7 after consulting with his Attorney-General,.a. d. Garland, reached a d cision which, "c:)nvinced himt that Arthur's action was ultra vires, ’3': his CD setting aside treaty rights by mere executive proclamation". 0n march 13 , 1885 Cleveland Ms ued a proclar ~tion which pro- hibited white persons fnom going on the reservations and at the same time ordered those already on tie reservat one to Withdraw. out the front ersmen had already taken possession and many more were eager to settle there. Consequently the proclamation was largely ignored. A second proclamation was issued on April I? which declared: (1) President Arthur's proclamation null and void, (2) a second warns ing against entrance on the Indian lands, and (8) sixty days were granted in which those alr wdy settled on the reservations might 92 withdraw. There was much Opposition to Cleveland's action Trim the frontiersmen, but he stood his ground firmly. He had girded n :5 himself in a battle fer Indian rights. Cleveland came into office viih an interest in die Indian and by the endtof 1985 he had 3a ed a vast amount of knowledge concern— in3 their condi tion and needs. To place the influence for his interest in and knowledie of Indian affairs is difficult. Hrs. Jackson had sent h m a copv of A CbfltirY of Dishanor by way of his old law partner, L. K. s as 5with the request that he take up the 94 problem in earnest." As a result of his action in the Crow Creek 0 ase she expressed her pleasure in the following words: "From my 0-2.3 “MN“. 6.5.. 69“; 0’ p. 232 VC} 0 90 A. Nevins, 22, cit., p 9l Ii. Li. Liciilory, 22. cit 92 Ibid., p. 224 93 A. Nevins, 22, cit., pn. 229-230 and R. K. Mcdlory, on cit. pp. 224-226 94 a. Nevins, 22, cit., p. 359 J ‘5 death bed I send you messages of‘my heart-felt thanks for what you have done for the India s. I an dying hapgier for t} belief that I have that it is your hand than is destined to strike the first steady blow toward lifting the burden of infamy from oux'country 95 and rirhting the wrongs oi‘the Indian race." Undoubtedly the activities of the Lake Lobcnk Co.ferences and the Indian Rirhts Asscdc ration had also hud their influence. One thin5 , however, is ruain that rover Cleveland cane to Congress in December, IBQS with an understanding of the Indian situation which.was amazing. His first annuel message to Congress on December 8, 1885, was not 0 1y a literary gem on the question of the Indian, but it also ‘ onta_-t a pro ram of a tion and evidences of deep study. He openei the Indian question by declaring the t it was the most diffi- cult problem for the Interior Departuient to handle. He commented on the fact that t? ere had n ever been a fixed policy for the treat- nt of the Indians. Then in ringing words he stated the du ty of the United States to the Ind an in the £0 -lowi n5 pa: 3 a5e: They'are within th e care of our overrn ent, and their rights are, or should be, protected from.invasion by the most solemn oblig uticns. They are properly enou 3h called wards of th Government; and it should be borne in mind th at this ”*arcian-hi involves on our part efforts for the improvement of flieir conii- tion and th [e enforcement of their ri ghts. There seems to be general concurren-oe in the preposition t‘ t the ultimate object of their treatment s-ould be thzir civilizationeind citize fiship. Fitted by these to keep pace in tie march of pro ss w' advanced civilization ahvut them, they will r assimilate with the mass of our population, assuming the responsibilities and receivin3 the pro ote -t' inc: dent t this ondition. 96 (b P m p, H. fi‘ V‘. 5 As quoted in R. M. thlory, op. cit., p. 225 96 J. ‘ R1L.arnsor Lessagjs and Pagers Cf the fresiievts, Vol. 8, p. D. 355 Kevin; stated our duty to the Indian, Clchland did not abandon it as others had done, but prnposed a coiinite plan of action. Cleveland's protram reflected his breadth of the :5“ :nowleig e relative to Indian problem. He continued; I reonniend the passa5e of a las anti Hr 2i“; the *1oin1uent of six connissioners, three 0- whom shall be detailed frsn the are", to be c1s159d with the dutv of a caref l inopec11on frx time of all In dians‘uron our res:rv +fons or end contr1l of tie Governmerlt, I1in5 tieir exact con ition I‘llfl" Wurst st ops shall be .1 pport and complete civilization; that thev scertain from such inspection what, if any, of e reservatio 3 may be reduced in are and in ~ such cases what part not n eueu for Indian occu- pa tie nmsv'be purcha31d by the Government fru' 1 the Indi ns and di posed of ior their benefit, what, if any Indians may, with the 'ir c ns ent be removed to other reservations, ond.1ith a view of their concentration and the sale on their behalf of their'aband ned reservati on3;‘wh. Indian lunds now held in co non should be alloted in severalty; in whrt no nor a hi to what extent the Indians upon the reservations can be pl seed under the protection of elr la'xs an subjected to their penalt1en, 11d nhieh i any, ad sho111d be invested with the ri. ht of citiz1 shi The p0 :ers n11 functions of die cor nissio oners i: re5:rd t1 the: subjects s1ould be clvarly defined, th 5h they ;.ou ld, in corjun1tion vith the Score- t ry of the Interio or [0 given all the autho ity' o d al defini+ olv with the questions pre Sented dezned safe and consistent. 94,; Fl. *0 P) {0 They should 1123 be charged with the duty of ascer- taini1* the I:Md ans whoInL ht properly be fu rnishod with impleze nts of airioulturo, azd ntst kind; in what case the sunport of theSOVernn61t should be withdrawn; there lie prs sit plan of distributing the Indinn 31?: 3 where schvols may be establishsd and where discontinued; the con- duct, metrnds , and fitness of agents in charge of reoer rvetions; be extent to whic n such reservations are occu31ed or intrulod uu n by 1nauth2rize persons, and generally allr otters relate d t welfare and improvenent of t‘ne Indian. r } (0 U1 1? 0 f. H 1n i U I T‘ (D O K 13 (T Lb T1is glen contemplates the selection of pt:rs.1ns fo connisslcners who are interestei in the Indian question and who have greeticel ilees ugon the 81b- Ject of their treetxent. 97 In his arm ual mes :“d e for 1836 he reeffi fled the positi11n he ted taken the previous year. He zetion demanded that the Indian chnnge ereted the duty of the United Stutes t V11!) l {u +h pa the in whicht we, shrzuld ll: and they must he led or guided until t ."~“ .).‘1.L and campetent to a the duties and me in wrote "At the same time 4, U t1 best in crests of h Indien rdll w .3 .Lu (0 with all r» the ;t r U) and privileg p tion. The upgreach to this relation “t everv step the gnid and welfare of L poi1te i Nit the 0 must be clear]: + '1 the advance of civili- his mode of life end he reit- he Indian by saying: "lhe marked out for then, hey are familiar with the way of citizen- was further defined 1885, in which he have always believed, that .‘l 1 fi ‘4‘» A be mi in American citize-- es hich tel to that condi- 03: hould be carefully made and the Indian :h euld be c stently kept in mind, so that wk :1 the end is re1c1ed citizenshipzmey be to 99 them a reel advantuge, ins e11 of an emp+¢ n-“,. In 1886 Cleveland indicated his position on the allotment Pf lend to the Indivn then he told C nfress that nothing should stand in the way 01 reitin' nd in severelt" to tle Indiuns who desired it. he OuSLTVei, hovewer, the there Was no unif rm 11w to prov1d for such precedure end he re 1 »n ed ts Con r ‘s thet he csiiiticn ne corrected, "so th't more pr: ressive mesbe s of the lifferunt 98 Ibid., pp. 519-’£3 93 A. Nevins, Ed., Letter" of -ro"er Lleve,u.1, pp LEE-:23 y tri‘es me" be settle} upon hcwssteeis, u.d bv their exa2311e lead others to follmw, tre dfin; awev from tribal custuns uni submittin— therefore the love of home, the inter s of femily, and the rule 91 100 the state." Again, while spe‘5in3 to a delegation of the Lake .P ~ "‘~r~ v? ‘ 1‘ 1 - s x 1. W10 QC C0“f€rence in one he s: clar ed: "Ultihoteld, anqs mist he given in severalty and th Indians thr wn upon their oan resotlrees, but the question is meentime hen best to prepare them for Inde- pendence...I should desire to do muafii and to piece it among the L. achieVeme nt. ' J is a "1 (D F“ . 3 H. :3 .Jo (a :+ *1 {D cf ’4- v :3 k: CD at ’U H C; CT L ( 3 t-J I 4 can cnly make a b:3inning. But I went to know that is the most useful thing that 101 now can be done." If) It is evident the Cle vel'-n nd had maie a them mU3h stuiy of tu= Indian pr oblem and that he Jae determined to de all that was is his power to bring their coalition to a satiefuc+3ry status. With the decay of the old system, with the presssre wlich was beinh enertei for a chanre in policy, and with an ener willing to foster improvemeht, 1e certain to he proposed. Attenpts had been made to secure erletxrnt kills previous to Cleveluni's administration. A b1 1 introduced by Senator Rickard ~- v-‘W V ooae of Texas was the van3uerd of the Dawes piii. 113 5J0 11'. 3311 Ch was introduced on Lecemher 4, 1893 was sent to the Senate chmittee 4‘ fr on Indiunk irs, rrpor ted furor ably, debuted, amendei, end pos2e1 arr- .L‘JU in the Be: ate. In the hQu “ ethe bill which mes sent to the Committee on Inii.n ni fairs, was reported xith amendments favsrohly v—.\-| . u. nichsrdscn, or. czt., p. so; 100 J 101 R .30" L. hcaiory, 22, cit., p. “Q 1:1 hi 3 enrusl mengTe for 1:39 1‘ . y ‘- u 0 n1“ . .‘ . 21.. - 4,. ... . . \ VL“V91dnd LEGPtILJ BAuulnCi educhtian . u. ..:.I ‘ fi-‘r -~. L :11 15‘31M_Ius\4|r1, of O C1110, PO :v'i) (\f‘ ~ .. r.'€‘ -‘.—-.. ".vvv ' a. .A. . V 7— -‘:rs 'i’o “N t ‘5 “ lmA.=.n‘.1ul t.;‘13“_-u. *. :2 v.2- .4175153-‘1‘ .,'. I1.1_-.;‘. A. Lai. , It‘d, H' AIIIJ. — — 133m s.ate J3 Llrnal, 4? Gang. 1 oess s; ‘2' ”" IV. £-.O , /'_ :‘,. , of . C‘". .1. at? VHHL“. , ~ UU.'.,J 4-.» br V '7‘ ~, P‘Z‘DVV 3:1 5 -~-‘ .‘ .3. V .- , . ,- . 3‘ L1 71: . . ' to the chrittee o 3A u.ole “13 tridtcl. 1‘." ' J- .. ,. + ~~‘ ~ 1. .-. . , - T-.t; Cece. bill, {.23 1.. $1.1; 3: .. iron. 1 1:. .w l to to thy L-‘l.,-r: - 4.1., 4. . ' - . m, . 1. - .3 ‘ & + L, , ‘ .. 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"’~ 5— Jul .J. r. . 4k) I‘ULA-~~A ”V ”Cr yrsysvd uni ear3"-e;l H rt‘.‘ (“L ._._ . . .. W ' .-, 1 .. p. s. ,. n _ ,- . - ‘ v -‘ 1 ‘, _ J..- ‘ .ACH‘ iJC.‘lUJ nag +1- 8'... LLAu-ULQ' L.“ g: -1 ‘ LJV lr-fu La” 5“. T ‘ .. ._ '7" ..— . ,,.. m -0 1., .-. --_". 32.; .. . . . 05-191 U: Uhu'boo IhL} (L'AUJLD‘J-tlvq. --- +1 -‘., £J;t, At$4 -. Vy-IA 'IL...Q “(Aw GD 0" .‘ I v ‘.' ' , * ”rt ~ ’7‘ ~~ “ ,‘ - fl ' ‘ ‘ . ‘ I .‘L‘ .. . i‘.‘ . ‘ ‘ ‘. - 3 >~ “‘ ‘ A " .L eliduo . 1.1 b .xL; caddie Ina? t, 1...‘ e +1 I .1 1‘; l' .wyurIIJuL- , . if ’,> '- ‘ ¢_ 4.. ‘, ‘L . . f' . , ,..: S. “":‘.' 3.- ,.:‘. A. :‘lur Uwg.vc;uvs, .II.I:' ‘LChQJ‘filn—‘k'gz‘s. Jr‘s... “TIL: II -t .L ‘OJ u. L-‘d J‘.\‘J;A, IQAJ‘LL': .I, u +" ’ If ... ‘ . 1V ‘ -‘ v v “" ‘- ' “‘\ :- ' *m . ‘ +"- — . F‘ A A' ' ~' " ‘rL .'-..U ‘.'J.A--L: t-'.‘v‘ L... 'r'.’ N \1 .€ l.‘..‘n'.»\:‘~_u “Ln L‘¢1‘~~~'r '.3;§L4 Ltyrun'h‘ga-au d--.; I". IV! ‘ ‘. “" : ‘ ‘ -"‘ ~ \ . "“ 'LI" .- . I-vl - f I r. I " - ‘- I . ‘fi 0:11; 111‘.: All '. \A 954A L l -4 - fi ‘TC UUHALI CL“ ts O *1; ll 3 t‘lrlfii-J 9 TV 5“: "'131 U I. . 4. u. - 1.- m g 1 ‘ '3sz k3 :4 453 13.16 WHCS 1:; 4.4L. “ ‘5 LE... 5. ,..- ...-, ‘- / .. I: t " . , ., fi'j . .--. '3 .LU’J; ALUUOU Jul #1 AAa‘. ‘1 i Rik/TL}. & 089$. ' J. I... 5a-; ! .3 9 0 r- i ‘ "-3. 7' ‘ . , ' - xv + A "r- - . "D ' ' 1’ 1 “C" ~ ‘ LUU Avalbd IlLiJ'vru, ‘13 U031). , ho 0883. , Jv‘LO , A'Uo Iva-4‘17 l" ..‘ . ‘ , " " a: ‘ -—1 ,‘ ’51 J9 LahOe JOJLIAUI, C: O Ki. '5'. , y. Hfiv ‘- f‘”. I! f‘ , v ‘ I. -.~- -‘ gs ...- 1V7 UvneI‘CS wl 301- U1 ‘UC+_ '“ ', 4!? be. '. , 1 Juan. , 1.3.»; ’ (J Henry Laurens Danes, ffic 3;;fiTuT ;f tk: 1111, ”u- Jcflafu“ “1-. Lessuchusettes frgm 1375 is 1Q.:. He was an enerjetic marker abile in ‘Jngress. L13 mart :Ltable werh Was 1 “e ;s .LJiztuz of tie Seqete Cemeittee on Iniiun affuigs. "A “uifhfdl an} intelligent . - fl “ A “, I. — a frlana o- the ngi man, he 1 M 1 r ’40 J C. .1. 4 (_ H 1+ C. E (I. r +- h ’4. W H 0 cf 0‘) :1' C Q} 1 1 u . , o a) -— 'o p v- .I" 1. V ‘ r. 1 'f' V ’ !‘ . P. '9" " ‘\v "v 1v. . ‘ " - ,.- . I5 une, an; ghfiafd “rerett -a1e uLi u1 him, Nullé he he.u the reiv 3 nobody tu1ked of dishpnor in our deulin s with h Indians.’ t‘e vgluntury euueent ef the give V1v-1i d 1:1?es t; uranaen tdcir 1'\ 1v3 ' w‘. ‘ ..v n ‘r ~ r ‘- v- ~u 1' . - 'v tI'lbuL Kiwi-3.15. “.50 :{JXCI’t 39:8 53 1Q 1‘3 171-]"4 1T1 1-1uidn dJ-dl. " LA I :4 O H) c+ ‘J k n Ther’ were several rijhts for ”hi h the frien« Indians had been COFf915137 uni wh1ch "::re iICC ;0:u+ed in the Danes Jevcrelb _ 1e" f"remeet axon: taste were (1) the granting of 13 i in "e"nr“‘" fo the Indian; (2) the issuing of patents on lend taken in sevezuliy and the “3 H8: ' cf thece put~nts in tru:t by tee gsvernment for a perloi of twenty- five years; (3 the a; lita- Q V tion of civil an; criminel la 1" the Indian; ani \4) the gzunting On December 8, 1333 Mr. Dunes introduced Senate bill 54, which provided for "Allotment of lands in sevcrulty t3 Indians on vuriuus *JI was referred to theb ommi tee on Ini an Affairs uni was reported from 111 the committee u-thcut -mcndrl eat to the Senate on Jar ur; 28, 12%6. leS A. Johne.4 e.1 u. nulone, DictionLrV'cf Amer: an Jio~ra 351, \ol. 5, pp. 149- 189 Tnited S 1 o . ~ 110 L033, Reeezu., 43 Can» 1 T=ss., p. 135 11 Ibid., p;. 1L3; 911 b 4 pt; The Senate fizcn res lved itself int: a Connittee of the Whole 112 to dis cuss the bill on February 17, 1896. lhe‘preblrn of land allotment was the mcsto do at 3d point of file bill in the Senate in as much as it raised such important questions as to how much land the Ind an we 5 to get, how it was to be selected, whet kind of land was to be granted, and new the remainini land :us to be disposed of. It must be remembered thnt the Indian constituted a very real problen tle pecnle of the nest, therefore their “erators deteniined to eliminate the problem as soon as possible. There was a feelin? among certain western Senators, including the influential Mr. Teller of Colorado, that tie Osag es also stnould be added to the Five C vil bed Tribes niich were 3be exempted from the provisions of the bill. He declared that the Osages were as enlightene eni advanced as fine Five Civilized Tribes. Er. Plunb of Ken Se 3 reninded the Sewite thnt the bill was going to treat only with those Ind outside of the Five Civilized Trikes so that to *4. E U include theU 03a res anpearsd to his as an anomolcus position. hr. Dawes pointed out, however, that "the reason this bill does not » amply to the five Civilized Ti'ites.....end that is fine sane reason it should not agply to+ he Osavr es.....is thnt they in 1d an a33»lute patent to their lands in cumm'n, so that they can nct be subdivided into severulty hzldings; and I think that one of the misf; Ht as L) 5 eff art t) cone 3 the Indian to ceasr being Indian." Finally after'very little discuss on the Senate agreed 114 s amendment on February 12, 1386. Q eller c+ C r. 3*? () 0| (a i "J ()1 ()1 to r.‘ (>3 H CT H ‘1: O o ’C‘ ’U H (4 0| 4i Cn.ttc same day that Mr. Teller's amendnent was pussei Lr. Plumb moved to amend the bill so as to make it apply to bxee‘tive-order reservations when allotments were made. Mr. paves explai ned thst his bill waull proviie "for ths issui * e trital patents in cases where the Indians hold their title by treaty or statute title. It was not supposed by the Comni .tee possiule or wise to incluie in the pro— lsions reservations muse by executive Grier. Reservstions by execu— tive order are in the nature of thin:s temporary, and they include “"CflJPS vast tracts of lani w. tich there is no propriety in civing llS a tribe and tribal pater nts fcr". Again Mr. Elu.b conte flied that it was ba d pwlicy to place an Indian on an executive- -cr ‘er reserv tion and not allow him to take <+ 6) out individual sailings. mr. Dawes explained ttst the purgese cf bill was to allow the Pre Mi est end the Secretsr" of the Interior the right to allot this land in severalty when in t‘eir discretion 5;. it was advisable. mm. Teller ra sed the question whether the till wouli allow the Indian tribes the title to the whole executive-order ‘ reservaticns. kr. Dawes re2li :d that it was so were ed as t; prevent ch 3 conclusicn and thit t.e remaining lands cu‘. d fir ul ly te threwn open to settlement "just as fast as the Se cretsry of the Interior shall be able to do that Consistent with tte needs cf the Indians". In the li ht of L“. Lawes' explanaticn the Senate rejected ”r. Plumb's anenlxent. In an attempt to limit th, amsunt of leni which the Indian might secure under the till, Mr. Plumb wists Jd to rancve the wtrd rdra rare 0) (B H U‘ y.» p. O 4‘1 or grazine lands be- C N "2 Q‘ [‘4 rt .1 “"3 (I) ti ('9' 'd ’ '5 I ‘3 *4 U: H. O {:1 "b p‘ i P“ (J C t J ( La *3 I *4 Cause agricultural lands could not be rained in grazing country. nan Dawes contended that to canfine the Indian to firming would Ciipp 1e if not destroy the Indian activity on many r=oe cr atians. Secause of 1 Mr . Dawes' observation this amendment W'S lost. .~. ‘~. ~. 'l"‘ “ 9-, . 1 Iv! In the course of the discussion “I. Teller cfiered the foiloh- amendment: Ho :3 U) rroViied, that the President may, in his discretion, allow homestead settlement by citizens of the Ur ited States on each alternate quarter-36; ion, unier such miles and re~tlat1cns as neiein proviflic for and a proper enforcement of the intercourse la."s; and for all lands so tm :en for homesteads by citizens of th United States there sh all be proper cor: ensation made to Iidians owning such lands un ler treaty stip ul tions or by set of Congress. 118 CD Cne wonders wimt native prompted Er. Teller to offer flf.is amendment. Was it a humanitarian motive, or was it a desire to obtain land for the white man merely clothed in a humanitarian arfuznent? In givirg his reasons for proposing the amendment he said: "The bill is based ,upon the false idea, and that is file old idea which has prevailed from the very comnencement of our national dealings with the Indian tribes, that it is absolutely necessary for the preservation and welfare of the Indian that he be isolated from the white man,‘thst he be kept from contact with civilisation". Er. Lawes Was willing to aid the amendment if it xadld be an e nded so as to apply to lands upon a y ieserwation established by executive order. However, he was opposed to its application to treaty and statute reservations, 119 because it would then attack the vested rights of th Indians. (D 117 Ibid., p. 1631 113 Ibid., p. 1732 119 Ibid., p. 175 To Daues' assertion it. Teller replied: "There is no denser that any man who administers tne o??ice o: Secretary of the Interior will ever invade the rights of the Indians. Kelsey, ani he will if he is an intelligent man, rin counter to the Indian Ri~”ts Association, or the In'ian Defense association, or the peOpl“ who know nothin? of tie Indians except as they have earned it throngh lzo Fenimcre Cooper's novels or some authority of that character.” ‘1 In reply Mr. Dawes as. 3d the Senate to refuse hr. Teller's amend- ment if he would not accede. Mr. Tel ler remained obdurate and the 121 Senate heeded Er. Dawes' request. \ In consideiin: the second main item of the Dawes bill, the application of civil and criminal law to the lnFiw‘ fir. Ingalls 1 of hansas offered an amendnent on :ebruary 17, 1336 which provided, that..."no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law". With no discu::sion this amendment seer acceptable to all 1.51m and was agreed to. In discussing the third major item of the Danes bill, the citizenship provisions, hr. Dawes again off rel an amendment to maintain for the Indian his tr‘hne portions of those lands have elready been leased--ille3ully, as I maintain, and as the AtterneybGencral of the United States has decided--to cattle syndicates, and rentals are bein3 paid for th e use of those lands by such syndic tes. Th e syndicates taking the leases frr:m the Indian.s tirn about and sublet the lands for rentals far in advance of what Indians receive. this may immense profits are realized by syndicate from these lands Miich are used for grazing purposes. 13? :0. He felt that tle bill should apgly to all Indians as he centended those who were t3 be excluded were the best prepared to accept its Q) provisions. hr. Skinner pointed out th technicality ~“ncernin" the title by which the Indiuns held their land. The Kouse rejected H 55 Ibid., p. 234 136 Ibid., p. 22% 137 Ibid., p. 235 I‘. 1 O‘. . .x v on v‘ ~ -.- r u‘ ‘71-. 3 . ,- . "~- 1. l L .‘ ”....— ~ '3‘, m1. bpr1n3:r's awencheni and adopted €46 buwmlftee reconncnda- l-‘fl {1‘4 t‘ r .LO L. In order to ma 5e retaining lends available for scttl nest mvre cuickly after allotnrnt, hr. Jeaver offered an amendnent to d3cr€us° ‘the thne nhich mi 3ht elap se for v:luntery tskin» of lands in sever— alty from five years to one year The Conmitt- ee, howeVer, sggge“cd A two years to which Mr. fieaver a~ree d. The a eniment was then 139 gr. Holman's (Indiana) amendme ent providing for tn? issuing of excess lanes to bona fide hone~tcautrs Was adopted with little In disc Lms .in3 the citizenship provisions of'tne bill, hr. Skinner of North Carolina t:ox the floor top * lead in its behalf Rea rgued that t‘h .e negro had not done so badly rith his citizenship and he conten ded that the Indian was acknowledged to be superior to the negro; thus it was the duty of Congress to give the :d r lél a chance by fo.mula tin: a new Indien :olicv. his plea was not ant)! area. The Comnittee rec umuendation that the bill be anended so those taking land in severaltr under law or treaty, as veil as those under the provisions of this specific act shoul‘ becaue Citizens 142 of the United States, was agreed to. An amendment offered by Mr. Rogers of srkans as prov1din3 thst thc Indians who availed themselves of the citize- ship cl ause cf the bill should be preferred 139 Ibid., p. 22 140 1:1 141 bid., pp. 150-19; 142 bid., p. 225 O a *U 0 to l 3 9C 01 01 H F1 was to he done with the naney gained from tne sale of tie remaining ‘1 “or of Ohio raised a question. Je inguirei why the Pi lands, 141‘. I} Con.:_ittee recommended that the provision for-depositing the money from the sale of Indian lends with the Secretary of t? 6 Interior was to be withdrawn. Mr. dhinner explained thnt the So fixiitee felt Congress could meet each individual situation rather-than resort to a bin ket bill. He added: "For instance, one tribe might have its lands set apart in severalty and sell the lands, which would be qualified to have the money at once. Their oondition.mifht be such as to justify Congres s in psyi s; over the money without delay, while another tribe might not be in sich a condition for five years, "144 and another for tventy-five. Mr. aprin3 er'of Illinois was opposed to strik ing it out or the ground that the United States should have a uniform policy by which to deal with the Indian. If the matter were left to Congress, he observed, "there will be as M \ many different miles on the sibject es thsre are tribes in file 145 ‘- country". in» Shinner huntioned, in.reply to Er. Springs r's objections that if his policy were followed, "we might deal with ‘me tribes in sudh a way that their bed‘w uld be so short that thezr could not lie in it and their covering so narrow that they 146 could not cover themselves with it". Mr. Holmnn suggested that the bill should be amended regarding 143 Ibid., p. 225 144 Ibid., p. 2"5 145 Ibid., p. 225 1&6 Ibid., p. 22? tie heniinj over of patents gt t“; etgiruti;u c2 tnenty-fi"e ' ‘ "'. ' -“ "f“ . t.‘ 'v I}. T l“’-wf\’\ 70 ‘x- ‘7'}.4-3 ~.1 FEAT; ”1th the prev;elun, tee. he lltolfl:et or the vh¢tcu utthS ' 1' ,1 ~ ‘+:- m, .. mgr! ""Txfa ~, ~ » ..‘_-‘ mud, 1n n1 dLSUTEbLUH bltcli tie p-rler . ruro flue QAicnry "I M (U () (‘1' o o The Cougittee offered an uiditiengl :nenimaat tn the e' v . '1 -fi ‘ L . 1 *“ ‘V " '. l V o 4 " ‘ F 2; 1‘ V1 " '7 Iaixune Jutlr ,‘e c.n\c1 cf m430:-t, er t: Lq1( “(b.5r3 t";-tJ- ee ,,., o .x».. ”.11 a. ‘ , .. .w' e,‘ v ‘ , e. one .ears CL u_e Sher; be Llrwt hgd 411 ebtelect.' Mr. bui.eer moved to agenfl tie emenflmc t to strike out the wards "the previ— sbil not extend to any tribe of Indiaee," and t " u) : H' k I P (D J ’1 “ d' ’J H. I *4) :3 {'0' H , 3‘ H- ... r: u 5., C’ H- O ’J‘ '1' (t ‘1 (D ‘ J H: + 6 O ’"3 £DJ U) *5 '14 L; C+ :T.‘ :2! C- is y.» :3 «7+ ’5‘ H. u) C O I“? ( 1' L r. J H (3‘ (D L) H c+ O n‘. {f g 4 b ‘0 (u 1.5‘ construed *e authoriziné the ecretery of the Inter any reeervetien'. both amendments were afreed to. The House Cemmittee of the dhole reee eni reported Senate bill, 54, with arendrente beck to the House on Decenmar 16, 1996. 4r. Sginner than denunded tie previous Cuestlon on the bill and amendments. Inasmuch as there were no objections it was ordered. The waeniments were concurred in, uni the bit as ameni‘d was crder~ ed to a third reading. It 315 accordingly eed the third time and passed. The bill was next seat to the gnu Committee on Indian Atfeirs on Dec ibc? 17. Due to a cleriCal (0 error, the House requestei that the Senate retern the bill. This 151 :2 was done. On December 21 the House corrected the error. 147 ..J p U.) HH U‘U' HOP. DD: .. "C‘J'U t7!“ \JR‘IJ 30>Ol ...J .9. {D H (T ..A. Cu O ’C. P I .I H ()1 O H r: ...a. (L O '6 r5, ”.3 x) H (n H O" H D: O U ’U "C O 273; 235 315 ...-J UI to H CI p. (L ’d A armory of the Senate the like thut in the chief emphasis Was 11;“: 2 a the House reVCels that on the question of land. The citizenship grovisions were given so: He attention in the House. here interest res 3113: .a 1:1 the House than in the Senate egerdinfi the actual machinery whic h."culd put tle Edll into operation. On December 21 Kr. Dates 31::ed that the till he re.-.nit 153 to the Senate Connittee Th1. was aptrcved. On January 10, 183? the Sen ate Cong-1 ittee reports -:1 Senat- thet the Senate not accept the amendments of the House. hr. Dawes asked for a con temocre appointed as its members Mr. *1 C ‘3. of Colorado. 155 conference committee and Mr. powen Skinner, Er. Peel of Arkansas, The ccnfe rence 0;.Littee repor ent of the passed the Loose upc They were as follows: (1) The Reuse of land in the hnndo of the Secreter tic n by the Indi. C-ns. The in the hand; of the Eresident and he the period from two to fi:ur years in ferenee conmittee e The House on January 11 and on Jenuerv 12 v‘ and Mr. wrof t c enferenee com-11 bill , 54, 1'11 th :nt:.=<;ndutions I‘C C5) Va“ .3 ’ ' + - Izhueu .111 u {‘3 1V £ 111 the Pres bio set or Dawes, Lr. Jones of Arkansas, agreed to a the Speakcr'ar pointed Mr. 150 :7 {J -rv 1 18. Perkins to s (‘10 on January The House Chen: es in the b 11 as it wlich the conference committee had agreed. Lil]. had dplcl (363d the LillUt 1:111: '3‘ -e Interior upon ap;li- b ttee plec ed tlze pouer did not have to wait for '9” confe - ence 001m 1 ttee extended which the Indian could make 15% Ibid., pp. 313-514 154 Ibid., p. 478 155 Ibid., p. 534 156 Ibid., p. 530 157 Ibid., p. 772 a voluntary selection C; lend. (5; inc purer of the P“eeifl“ 1tend t? e period in which the gcvernment g: ht hold lcnd in trust (E) £3 10: than twent5'-five yeers was restricted so thut he could do it onl" in special cases. (4) The 'mend1ent to grant bo“e fide hone- steeders land was made more explicit by stutini; that either the owner of the lund or hi 3 heirs m1 t live on it. for five yeore he- "thut sums ajreed to be puid 5? the -2itei States as ;ur chose nouev tribes to wien sue“ reeervdtione belonged; and that the sum ”Lull, with inte‘est at 3 per cent per ennum, be at all tines subject to appr03rie tion b, Con3res s for the education dni ClViliVthCH cf . ~ \ I'V v 3" n'” V ‘ ‘v I ‘- fl \‘ ' p I gigh tribe or trileo of Iclzdn- or t1e meLbere thereol". \6) Removing fixagu'wv- eion thut th.e Secretary of th; Int er 10 or GLHld [I ’) net eb1<'15h any reserVetirns until tnec ;r5ent of tTo-thi 35 c the male meme ere ever twenty-one years hcd bene ckte1ned, the con- ii (I: *1 (D ’3 ('2 C" committee substituted thnt nothing in the bill should pre- Ve;t the re1ovul of fize Sentnern Ute Indhlfis f on t.eir reee r/ation when the consent of tun-thirds 153 years had been obtained. (3 r+ ‘7" U r. r.J (J '3' D K: 5* w 01 e ( I ’J (... '5. (H ‘( + bl ., l O .25 CD Ho difficult; was enceunterel in securing the eleptien of the 159 :- - .,— \ '“ .. 1 - . _. '. -. "'. ... . 1"" . conierence rego1t. inc Jen te uc1e1ted it n uaaU,Fy go uni the House adopted the report on the next day. ' The bill was then sub- "1 UL mittel to kresiuent Cleve: a..d aw} si3ne-i it on leb'uurY 3. 1327. lSE Ibid., pg. 773-775 l5 Ibid., p. -71 l 0&6 l 0) Cf H00 HM DC POM QaLu 0. UK: Hm ff}... a a fi 10 ' ~ : . ' *u . ‘1'4 ' _‘ o w ... - i ’v ‘ p ‘ . VP} t‘g 34in4htr; J1 file 1:9,1ugnt wrcvic,1 -ar ta: wing: - ~ I A 1 ~ "’ ‘ L " v: "V'. "‘1 "\ VT . ~‘,‘ 4" r \ oucf1;n I «utn.r1ued tn xrcnlugnt .f the UnitLJ Vtufug — d- H. -: (D 53 f (7: 1 4 (u U L. C C C,- ‘3 s I; . I. ,_J (4' Q r+ YO 'D *5 I ‘1 F—J f.‘ ’ J ":1. b ,_ w £1- . +- rJ- C) O I . + I) 9 (J gr . -~ '-.\ ,-.. ~ . , _ .-r~. ». . " —.1«4— J" Vs 3. glr »A ova“ ‘1 3+~~h #'uFS pf g~r, cdg--¢Ju.h a; a “,3t- . 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Q J¢lkyt Sb‘z'...‘ .‘.~.- ..-I‘ -;;-... g' ' ‘ ~ .3 .. ‘ f. ' fl‘ . r. .4 . ‘ » ' * 4-1 QUCCLOI; ill y ‘IVJ Lab; fibl‘ bl VleA‘. QM'JP 1 b.) Q‘.‘ L‘:' ”“4 1" 7‘ ’- h-.--. - ' - -\.\ " ‘- u 1 ‘- J-‘ ‘ 1 1‘ ‘: ‘ " :;LQ‘.LU‘L4 ‘25" '..M L. LIT-3,, GALVL:-.Q-At30 1‘. +:-- “" , . .-. L‘ ' .. : . 1 ‘ ‘ ‘4. +‘ i - , OLCVAU“ .LV p.‘\-v_~svu ‘1- Ht $-awLBUO humid .“uk LL: 4 4-... I‘LDCrVd — .- .3 1L -. ‘ -. ‘ . ‘2 . “4 \ ~ ~ 4 1‘ 7 L; p“, .. ', .. tang, :.Umuu* odd leaf”; LI; ..L I :1 L ‘11 v v 4.3- VI“, VA. It 51110 ‘ a Q ~— ~L .—. . ' -. I: ' -\ " “ —‘ ’ - a l-. - . ‘\ - . . 1 .' . L92 atuk v, 'U‘L. 9‘2, L'z)‘ .-'-J‘\.CL, 0-9 azz-LJuLJs (m ‘ V l O 1 n .,p h p ,, . L l~-uflu -‘ tn» Lad. :1 H. (1" 'i (1‘ p. 91 U; ( ‘:‘ {I C’ (.3 (‘1 U' (+- "7‘ ..-—":7 7‘ -; - t " ..4. _. ,1“ “. ‘ 4,. V p~ul.'.+‘vu t LJA gum U—‘lAK-ta‘ Q’LQUUQ unv‘mAu J. 5.346 ,-..4 ‘ \ w. _ ~ ._ 4.). . .~ ,,.~ .- .... s. , ,. \— yutc.-'o w”: LLB“; bu.L’n 1n 09mm [59 0-1L. 11-3-} tut) (I) m \‘. -.-\J--\ \L p #...- - w t': --r- V?,- I, : yut”d;a in tru:; “or u. nfy--;Vz =5gr3. &ualifmf‘ \ -‘: \‘ w - -- “’ : am I! ‘ C ‘ I'“.‘- S" N: '. ', ' V' PrC’Il-ioibrlt- Q- I-.;.') 050+} -‘ t ..tTQ o 11:16 f¢Cc¢..n‘.-Y1t Cb’tild ‘ ‘I ' “- 's _{‘| r- :1" V‘- O a s" -A. .f -. w ‘n ‘- . v ." , 1 V‘ C‘ .1. .— 132 ‘IEweQQh-JP‘J ’ la._'—~J alvl -J x 155'}. .i. 4 ~LAV J-Lu A. ca» , , 4. ”fl-..- ‘ ..., +._. ..,,l. ,. u 03cm to £Cfbch-at; abgLane uufiprunlg w s for*i;den; n“ t .v+.’_‘av.,ct P‘1"" ' ~Y'.‘:’.r "'41 ‘ “....“ “'1". 3 u "'3 t '\ ° 7- VbIJ 111v y‘CU o .LML D at .1. J UV; )1 ..«QQ k...--£.L. ‘ ab \J ad - sA- ; -“ .r.‘ , xv '\ 11.!- I' - : ' -| - fir w ‘z 1 ‘ ‘- ‘ v’ r— VuDCu thc d“L;ar3 cl t“: lLu;&h, «Ll Lnu;u.m tu514= J lafl: in sev era ty xere to be grefcrrui for 14;;an IV r H H P (1" C 1 if (D P ,5 :7! F“ :3” fl LS p. p C) . I. g.— D E: P. C? H (. (J i g- '6. It pro— , n 'A ‘=. r. -‘ to It ”6‘ $L.Q.LQ“ (1 Po LL (U Q. *‘5 C H ('9' (‘2' H £ D}- Ft :3 C‘ *4) (.3 Ho ('+ P- [‘3 (4 : 1 U) :1' ..Jo h wit hc»ut impair: n3 his r1 1+ +otrioa1 or other prop- erties. oath were t; be ap¢licable upon tns gruntin ment to the Indian. Suction VII provided that in Cu 3 ghcre +10 13c of water (0 (1‘. 0 v- tr. rau- - -‘ ..th .-.&‘-'“ 101‘ irri a 'm No.3 nec 93:3us to revue: cm“: n.1,-.«1u any 7‘ 31 :q 7‘ a x‘ 7 '1' +4 Q' 4 - -"‘ 1,- Am VVI M. \1+“ \r. 1 V1}'V'Y‘f\ ’~r r‘ Ju-ldAdAl reDeI‘uQ'-on th“.t1.‘;_;.VI‘ U;iv1l.a. -4104. H““b"’"\"° "' —‘—‘ 0 ‘ -' " ‘ TV ' - ' -. - ~~1\"""~. -- ‘2 \ . “ ‘9 inc opcrctur; pf tue ;Atc:*ar ”a; e hvaorqa t' SCu My '. i. ‘ -‘ ..‘-‘.-‘. r- P - A. A 7‘,“ nJ.‘ - v. ,: .c~ . 4 M‘fi r ml as an: rcLJlupAun~ Jcr -t; no: “J10; noul¢ gagrqn.ue ' a just and eg'i+ablc use of the nuts: .Dr all 1.3;gxs on the reservution. Suctioz V111 Pr'l>V;1C:d that t_.o lucid: of the Cherokees, Creeks, CnOCtdWo, SdmiudLBS, Usa3es, Aia4;es, reorius, -- 1' . 2‘ P"! ‘v»' 1"“ -‘.~‘ 1“ ‘: V : u A r (‘4‘ ' N” 38.04:, (1:10 lOXub, tut; bogevd lxdt-OU, ally a otl‘ iy u- T‘JG Sioux fiation in Lebrsshe were not que oted by the pro- Seotion.lx.pruvided an d): ro ridtion of 910;,033 for surveys of lands which care under the provisi ns of the Act. The mone' -y ass to e repoid proportionately out of the p1o~ceeds of the sale of loud acqu‘; re a under the rovisions of t- to Act. to Section.§Lprovided that railroads and puol c utilitios could have ri3hts of v 3ra ited them throurh.1ndiun pr03erty u;on the pug. ent of just oduoensation. Secti n g; provided thdt the Southern Utes mi moved to new reservations by and with the consent of a majority of the adult male members of the tribe. With the Dawes Act a definite Indian policy finally had been enacted by the Unit-do ' tates 0o gre.ss. The Lake hohoik Conferonoe 163 hailed the "ce.1tiry of dishonor" as ended. The Indian Rights association Sun it as "oze of the most vital and important steps 164 ever taken by Congress in its dealints with tl'e Indie.s". t with all the enthusiasm it was roalizsd that the law was N 9' -‘.-‘ a. ‘ " . A .- ( onl, the first stop in SUIVLuf th (0 Indian Question. The Indian Commissioner was very do oid d on this point and he reported in 1887 that it would be difficult to find agents who would be 166 Fifth Annual Proceedings 33 the Lake hohonk Confem cc, 1887, p. 104 164 Fourth Annual Regort.2£ the Indian Rights Associatio. p09 ,5 U H |f L) C) U ‘u., .9 r . -‘ ‘—. 1 r“ \vl. -0 - "~ -‘ ‘. T‘A’f gualliidd to Carry out tr: provision: 0: tie act. de aa.ned complimented itself on securing the passage of the bill. It did, howeVer, recognize the dan3ers involved in the ayplication of th3 mea s ire which had been mentioned by tr 8 Indian Connis ioner. It argzed that legislation could onl make a man of tbe Indian in a political (.0 case, and ttat if education for the Indian had been needed before tke Severalty act, it certainlv wguld be even more V [Ti necessary now. ihe Associa t on e-xhorte d missions, church philanthropic organizations to continue with their work as naver before in the struggle for the uglift of the Indian. In puttine the act at 1.37 into opera tion, President land reco3nin ed the imnortance of bein fourth annual messase of 1395 to Con rsss he stated: "In direct— ing the execution of this duty I have not aimed so much.at rapid Ho spatch as to secure just and fair arra n enx:nts ntich shall best cc dues to the objects of the law by producing sat i:.au;tion with the results of the allotnnn 3 made. Ho measire of general effect has ever been entered on tefore shich more may be fairly f - UV hoped if it shall be discreetly adnini stired". H t“! lifth annual Reg-ort at? the Indie..- Mint. Ibid., p. 4 J. L. Richardson, OE. cit., p. 796 Annual Report of the Comtissioner of Indian Aff Q .5 PHI-4 (730)03C) (13-00301 coinent’ne on the lax in 1887 the Lake Mohoch Confereite stated: "The Dawes bill has not solved the Indian problem. It has only created an op;o:tunity for its solution....3urrcunded as the Indian is b? those who have little sympathy with him in his ignorance, we re persua ade9 that furttzer legislation will be reguired to guard him in his rights and to p“event his new libertv and cpgortunity r on b>ca1 13 a curse instead of a bless- inx. The method is yet to be deterrined. The necessitv is a 1.9: Thus it Was that alti:ujh a new policy had been adept ed there were manv influences ani factors Waieh baa t: be considered in the future. The heat of battl hai ccoied, and the sobering effect of being faced with tie actual operation of a policy caused the friends of the Indian to see that all would not be ac ml li~lcirthe1nere passage of a law. It was evident that is ative civilization for he Indian was not to be securei by le» V 5" enactment alone . The passage of tits was t; ShCW that the bases Act was not .C‘ A. the answer to the Indian problem legarules s of the sincerity c "3 ts ramsr ani its a:pporte re. As early as 1837 the Iniian Ri31ts Po Association rec C3nized what it considered to be a fxrlt in the not. It contended that citizen uship cmild not be granted QUICKLY 170 ensu-g‘n un ler the provisic ns of t.1e measure. as the Act was put into operation it was soon seen that the Indian in many instances was not desirous of citizenship. Lore- over, the indian did not have hie proger back; cued tc assuge 169 Fifth Annual Proceedings _2 the Lake Lo‘nonk Conference, 1337, p. 104 170 Fifth Annual Report of tte Indian Ri3hts Association, 1337, yp.5-6 .~ - '. V‘N. . ' .\"‘ (I, .h’ ‘ ‘*u ,‘I" y "‘-' : .' V r ' " ‘ the rcsroia1b111t ; 11 31t13e1;h13. an a111tional fiatute 01 the 7-;- VI ’3‘ ‘ ~:~ Q‘. :~ - '. " V """V ‘4' *‘ .t.' v "' ' ‘ " ‘ ac. ”hlcn was unsaf1apubt r! was tnat the inaidn ha} in wait A A r3 "1 1 , Inf. : 11“,: entyJ ive 3 ear 3 bdeTe he 0:111Mccure onn Iship 31 t;s lan1. m" ‘.'-o 'rw"- u"f 3“- \' '. '. ~- .1 "n. "' "v:' '2'. "\ -u tngse mJa. catatie 01 “av1n3 this gilVil‘HG i1.s horned a vote were taken into bani by the unsc ugulous frontiers;:en and 4" their eiercise of the rioht of :uffrage became a 1arce. To these .vea' kneSSes must be added the fact that on tie Indian was L1 0 t—to (*- r h [‘1 en, and thereiore, he had tne ri_fit to use liquor. This had ulnays been a problem 11th the lndian uni the Dawes Act Wnich was desi3n~3d to improve the Indian' 5 condition was actually responsible? or increased d: ness amen; t? see who availei thcnselvss of th3 citizensgip 911'vilc A recent historian hes 1| P p +‘ - :1. 4n 1‘ n 4‘ and tne non; “c1113 s3nf3r3nccs a ..e tr- n,s cf tue Indian. tn ., =1 ...1 1 - .— . ,, - - ,.~.-. 1,. , ., .3 . a snarLetically siiwoitlnc 3 chan_e 1n 1n11un ,Jlicy “33 a scchd f. . ~ - '~ fl . * ‘ " .I' I y- ‘.‘ i. .' I ‘ ‘ ' ’ q " '-|‘ A r‘ V" M DI‘QhP vi. 18'1". 1T1 LI" [3.11301 Qtuted ill?) ‘5er Lir— gira-‘lo Uf h:£)-v" ‘. a . 8 ‘fi -‘- : ... ‘ 9‘ a) VI ’ . v" ‘ _ r" . _ . , .' . A pr1at1nQ tue 1n1ian's lan1s Tc- fliclr 0&1 use. 1R3 *levglliug ‘. {I L1“, .' O .y~—L: — 3 v! ‘ -.. ro1e 0. ans nest or 1rc.;1~r 1n Amelican 31; t r; has mien tc ~l. Uh! ~- 0-. . .-1~- ‘1~ 7-H». 1 1. f‘ . 1.1‘ ()3. A T Q “M‘Itn t.) t ():e ;) I.‘--"J..’3 3-1".) 13".: .A'QQ. (v. ..-Q-.~’ x)? L I'LIL‘ Lassa. rm 1 A,“ -3- o y 11,, . x 1 .~1."‘ . W.a. $1.13“ ‘31“ I"; 3.103. DOLLS" {)1 15.1.; QC v'C; CPL-.11 “+3 5.43 {a LHG; 0 b(.€.‘3 1'3 341:3.) . (‘ ‘. .‘ o q -' .‘r 1 * o a ‘1 . ‘ - a.“ .T- ;. ‘ .n“ ‘. t -. r,{‘ the 1131 as 01111} avull'Hl' Go 93381 le. iue “0113-tql Act 1. . 1., .. .1 ‘ , fl . ‘\ I \~ " y’v to t e an aunt 0? lead cpsaca to 13ttLthtnt 2y ,rut mc1eure. of ,1 an ,3 - .3 .. 1,... ....1- . ‘11 -. -- 1930 the ncei 3; uudlt1ch1 1131 fC1 the 111tc settic: C” thc Ir 0 O 0 . -‘ . a t- ‘- ' p . - - ,-. , a. ‘4‘ . * ‘.. -. ‘ y‘v‘ 1n - ++ z ‘0‘ + n l . n ‘- - “Sgt ”‘91“ ‘3‘;ch ...‘JIG “"3‘613-40141TI ....;‘.' :U‘Je “lap-o; u‘ d'l‘~:AJ"-\J‘-10 .Lv .JQ. ( .~ \ '* . .. A A T ’ . . -‘ - r. v M! n 1 '1 "‘“ ‘ \‘ol any (“4:3 +41: L’llf‘a'l ututfis C‘JE I‘T‘ C it ‘..i11i.q_', t3 8.111523.“ 1. l' ‘ ‘ n v‘ v,‘ -? r.vv‘) fl (.Q“ -. y.", 3 'fofl'n ~v"+ ‘ l "Vg fi‘fi' ,IV 'I'.‘ ‘ .r\ -p t~.-.L.1 Q I13}! IJv-L;V;vl 0 A0 poguLur‘ {d 'IU-1L‘~A'JaLc-D Cs; v Us} -14; :7 I'11L1Atf‘3 ‘\ l ‘ j! ’ “ r‘ " . n" ‘ " A “ to d‘puu"e 11, ,1rge fir'l} 1. people if :t mc1,, votes far the relations 11: be“ :inn recognized. The wax? ofl Eel 1 Hunt Ja.L:;n in preSCntinC the C4378 of tfe Inlign turned the 1 otlif‘t a? public opinio n p teouslr upc: aa:hin;t3n us the gl1rimg weaknesegs cf the LaseIV1tFCH or3t m 13 1311 as the fre-cc111; gcvsrn133t11 1 : I 1‘ ‘ , Q hli _ _ a V ‘ 0‘, .-* '."-m""‘t1\ -‘ “‘V‘ '9‘.~vv- _..,-v’3 VN,’-1'+:" 5:“4:'V\7‘ :1 "H .' ‘1.) L - 41‘...) 1'Tuu.u.. CL11v~-J'w i 1.4.1.; .'.'1-;-.- u" C...» l o 1311 ’J . h—: 4.; A H V t a I" C. u 9‘ OJ v+ » .1 ,4 (D (T) U) C (4' cf t—H (:1 *1 1:! t a "J :+ ‘ 3 3' P 4 ’3 (1 ('1 W *4. f x Li (J 01 I I ,4. ,1 C. If” C 1') a a ‘ , ,1 ‘. ‘ ‘_ 1‘ 4' I . vr- -‘ I ‘4 -, , ‘1 ‘ 1 I - - . \ ¢~ g ‘y l r‘ - th1t 1pgu1rcc, Lr r1.hzz 11, 1t the c l 131*icn 3? a lca, Upries ‘ :—\r- . . R, ,1 2 ' v‘ ‘ {#1 - 3 - -0 -~ A H - +.\ abc1eo t11t H-9121 correction? lue ev 1snce .3141 3:33 1c .. 4 1:.-..».-"v~+1-.....1.»n 1,121“ ‘ +k.‘.- upgjnuntcd, J11t prec‘ecln; 1 p1311 3 3- *1: 31-1, or 2.1 113d 1a‘u"- , ~y‘ .;P y , V‘ 4“,-..~.". Ti,” v. '1 ‘. Lt’v‘s.l,'(-.’ $483+; ‘.3 1:3 x)»‘:'-’O *qu‘ u r:+--- #o {...fi '7‘: -- y\“_'-‘. 1“? ‘7 Is; 4:,“ U«\-A«\J AVA-54¢.Lv‘4 ~'-1\.'— nu*;cns ghi t‘c Q;;.;L- L-:qt g° t1; C;;‘;i qufes saifain:i if: 93:1t1;:. I': gLZLC" ‘? ffi. Ernsilghfs L? “h; Cgit.; oia fr\‘ dach’u“fio“'° to 3*“;1’5 a; i"i"*“u*i~fi3 Wu3 +< ;-:ure f5~.wgfi trggfr a y.c.;fi£; *? ,;.g(“1 Hf t1: anggg 3;“, 2K Lgvfi .3 {‘C u-_’:‘;i czguxg-c; “3 t5‘ ”Eifsu. ‘Kué; I: Vuld 26v: 'T*Vfi *MQL gt *“a CApcnsw \“ +Fc I-diq‘- g1; :rp c1 4afl cccgsicfi: f*2 sumac f¢r *V Els;u" _*1 ;;1c. “Linu;¢ i“; nod mar and t5; flhitcs. . I ~_ ~ ‘ ‘ 3A :: E V._ .-y .I a. :. r : V. ‘ .— \ 3 ‘-1‘ -. H" ’ ‘-7 . ~ .. ._ ‘ ALCIAVJKVE~ :1 C-;ub-lt diu-‘.u «LC-44.4. &‘u§ 1".) yJ-AL“ . C4 L‘U.1"J.Zl AQL “d- n. , ..2 s .n .- : -.L .~ ...: 4- ‘ 4n. *..,' '. 4.1. if. '~ .' -.\ 0.. " .‘. ' AQTU " Lx-l- UJQLH‘ULy‘ ll‘E J :V. .J-l( *Auld.’ \‘tcc AICUU... I“ ~‘UI‘ a» club.“ Ifi‘l . Ll‘..1-' -\ ' -__+ 4.-‘ ,‘. .1 d. V- 1. ..fi A- 3. u ,“r ‘ -‘ .. fiVfi 1 i “ »\ . . . o ‘ r . v0. \ ‘ \ tIuKJ Alubt \Ald‘d ‘2, h ‘7 AA). o.) a - .‘ ~L-- 1“ , .\... VA‘VQ -‘\/ a J]. O. ‘J b ‘« C II, ~ - 1 . " - . A ‘ _ - J. - - ° , .. -, . ;. . .u ‘ - . .~ . T r -\ f 3 ~_ y w ' or . . H ‘ yr ‘1 \\‘\l .“ ‘ v ‘ 7 ‘5_ 7 y. . -AJ‘. 119 .... ~C-HLLA19J 0.4.. vb-‘\.---.D~Lou I- .4 E, 4.9 J.v-.-.u .5--QL8. V.‘~rnl - 1 . ,‘IF‘4I n.~ I“ 4" . I , J - \‘I‘ ‘\ v . ‘v‘ . : DJopCm Wad a qufivC* o, VlCc an; c-*‘h U-v” Ldlcd LleGJEJ -.J.‘..‘ 3... .v. 2‘ 4.1.,, “'9. ,.. ,-: 4.1.x ”-‘f A ', . V ' 1's; .LQI‘ thigh). y- aux/tub}. u .L;' «L; -AO-\, » g '.'A-\; Lug; a.“ NVI‘UOVCI , 1t .. M y- 1. ,. ...». - M ._-.L .- w- + ~ :-- - DTcJUStLQ tug 4“;qfi Fr.; cug444 13 antdc, Flt” u.. C;JlllLa* ' .. 1er +‘. . 1“. t .. . ." 1 — I" ‘ ‘ 1"“- " 7w. 1-. " ‘~ ° -; 14/: ¢.‘ Lr‘. “3 _- the Aglum . a-mud UJJt Lac ov‘ltiv #1,, Vnwa . .... '1 x 4 . a 'J-n v- ‘ , n". ma ‘~ ‘ -“ "‘"f“ t». .L@ 14; Ct .._';,... (GO tv :1th bAtC Sc. -I‘u; 12mm”; + v.13 “(Job 1 .. ‘ ...,, ‘ ~ 1.. ' ~. . ,5 $1. ‘ .4»:,..- ‘.......¢, .. ll {'1 C \l) t DC atoll alu‘il u: “..v' l‘UDb ..63 'v ..v:. DJ 0 VL»o., ,. IV. V d ('2‘ H I; J «.+ , J. , i O ’ “J ’4 K .3 3.. F I L3 or (T ..4 (T r .1 d- (‘9' 'LJ I I 1 a n -. 3“. s. x 'V c .. .1 r, .' l -. ‘ .. t I _ " t _ ‘ “ ‘. ’ ‘\ ‘ .~ ”‘ .‘ ‘0 v- vJ. lullILdL d.‘ ~A bl"; ; L bgu'b N} 4 i 6.! U.14, ‘qu 0‘18th til t.-V ledLaoi’ ‘ .LI._ -‘ ‘ y ... . ‘6 -, -f : r s 1L.. ‘ ’ L. n“ ' ~- (e) Dye granLLA; c; 3Ltlgexgujp t) to l,dian, and {L ) tn prc : ‘ ‘ tr! ' :"..' 4‘: ". '1- . Is ‘ ‘c_1 ux-«t w+ 1‘ H: "5 ~ 1““- . ‘\'.‘..C. ‘1'..: (.4- bddx.“ 12.; UL, h;l‘lC .1t-alu- 6» -Li‘. ..3, all from! --.1. --— I run was :lVCfl 1mpstub My t L35 233;;0 31 five «95L ,..‘ 8 1-: .' - A .. ‘--- .. .. ~ 4 ,- ‘ - ~ b23331 L‘s az-l;t’ t3 us; tQVH, an; an- aesxrea t) hy-l'p"ia+e . - - j a 0 ' 1‘ '. ‘- "I ‘. \‘ *rlciqural “Ha ru 2 4-~ LLJ «3 '1 p ls-Q V (4) Was the Indian vitq;;J interested in The inau~arut of a new policy uni gifl AG LTln: any pres:are ta Lear upon tde ‘ r , ‘ , ,-.- .,., - ... \. g, ,. r run”, A ,v ‘. .‘ _, , , ..-. 3 ‘ -2 Lav rrlwnt to 333“ 3 ”asu q .L-ni;: Lug cal'gfic3 swam“ t¢ ina;~ , ,- ‘r. r 4 :1 ' . v», ...: -34 .2 ' — f‘ - ,. .-. Cat: thut t e Inu‘a 31d Hot snu;3¢3e ad? uIECCt €~fwrt t3 Sc- \ ‘ 1-. ..,. '37' ‘1 '~-, +L . "' 4 -..A . '.- 3‘ v ' CLILC 'd Cuufl‘de o a..:£; 1 Ll_}xf Of. .L L .L‘;\1-~.1I:. $513 pdlgitC/C. bf 111.8 ~~~v_l . ‘ -. 1‘ ' ‘- p\ 1‘ ‘fi . *v'.n~v ‘.' . n" 1. ggrutathlzer's m .LuS dullxsu xiv-rs, but tug. $-Lu¢~.fl manta minis was put into cgerution very few Indians anil ed tha;aelvws of its privileges ail tkgt unfit nLr: ran hWav frum it :nuld indisctb hut tba indium was nut particul Irly int~-30t9d in his "emunc patioxw (5) flfiy was President Lavoiand par. d3rse a new pr3gram? President Clevelgnl hxi inqxn his interest in t.e condit io n: 6f tfs avera;e or 002.:L n 13am. Helen Hunt Jackson had sent him a 003! of A Cen.vr“ cf Dist asr which 3&4 aroused his interes in the Indiag prmbleu. The Irflitn Bi fits Assaciafion and C? m f C. :3. I (D E v (\ P-d‘ *J (I O 3nfer ices had 4-80 been enerfiuffc in glucin -‘+ (“v P o ’1 O E La 0) 8 before T.im. The action cf Ere: ifienf Arfi; 4r 1:1 0; ening the urea vrcem reservaticn hai pre3entad Glevzlqni with the I;aian problfim the moment he assumed thy Presidency. In the h- ilin L cf 1}”) uu () $11 fairness an ire to tregt the Indi ‘v .. ,‘—.. tn;3 problem he a33z31 hi (9 65 I Fu‘ _ m “on,“ .. .3 I 3.133 3313ite 3f’the :3 Ho r+ ff L J. LL 4. C I ""' u‘ r3 I i a w -,, ‘I - 33333niiet3 along high €113 54 initial problvm relnt' -ve to t 3 Indian policy Lust h3ve Caused Ole. eluni t3 se3k definite inform3ti3n cn C‘r lnnian re lntions. c; our t editi33ul India 3n rel3ti;n3, but be 3130 prop¢3efl an al- ternute progr3m. by neture 3nd Lrepurution Grover Clevelen was wel l qnalifi ed to sanctio:n a ch3n»e. Porscn3lly, Clevel3nd had 3 sincere interest in Nb pligFt of the 111313 n3 3n; desired to alleviate their cendition 33 much as p03 3i bls. fie g3vo the s‘ip::orters of Indian rifhts encoura ge- finite r); (I) ment and active aid in their efforts 5? S“onaé iig a polio for e333 .ncnt bv Congress. The influence of Grover Cleve~ land in seC‘i ring a new Indian pr03r3m -or the United States can not be minimized. (5) To what extent was the p33 3373 of tne Danes Bill th (D resv it of the efforts of propab 3333 grougs and were these gnsugs representative of the entire n3tion or mere they local in char- acter? Mention h3s already been made of the groups union were ac.ive in see: irini the p3ssage of the Danes Bill, namely he sureau of Indian Affaiis, the Commissiensrs of In3ian A3fairs, _ Y'-1-. 'v ~_ - ___‘ “.' .‘, i -n ' he u33e mononi Cbnffi?enufib of the 3119333 0. tue 133 333, and _ — 5" : r‘ 4 t. -. r. . - H 1“) ' 'l . ‘- 0‘ ”’1”: I33ian Rights 33ciation. Thei~ rb re3te erwice was geriezueu in keeginf the issue alive and by infonning respon331h1 e o ficials of the government 33 t3 Knet in their opinion should be dcne t3 further the cause 3? the Red man. They did not form 3 represent- ative group gee - rephically as thwy w ere all locatei in th eEast, namely: the bureau of Indian Affairs 13 washington, tne Lake "A‘ , .3 . ~.-. : '_‘ ‘V.‘ 11' 'V I \ *yr 'P ‘I.- Q ,-“' ~_+-. h3l3 b3nferenJ33 in “a: 1313 btate, 3n1 the ln313n 31'3-3 Association in Philad alpl 13. As each "cause" must have an active supporter their efforts were important 1n securing a new policy. ll Senator Dawes? All evidence (D (T P. (7) Was the author of th indicates that Senator Danes was the aathor of Indian Severalty Act of 1837. One authority has in3ic3tci th3t he gainei much of his material for the hill from the proposals of the Lake Mohonk J_‘ Con.srence but in no way swggestst 33t he iii not H H .74 i ('3 d 53' (D 0‘ f.) H '_.J O To this may he added the fist that the bill upon being introduce in the Senate was sent to the Coniittee on Inaian Afiairs filich reported 3he bill favor33l y to the Senat e vith03t a: sensmtnts. his xr'-li seem to place the question of withor331p in the hanns of Senator Dawes. (8) Nb 3t chara' cterizefi the attitude of the Senate and the 33330 te.ard t‘13 proposed legislation? was it favorable, indiff- erent, or unfavorable? On.tfie whole both houses of Congress were ian policy of the p. quite wili'nj to see some ch33 e rude in t3e In "overnment. There was not rush extenfied debate on the bill in either house. The prevailing attitaie was that it was tine some- be dine ana.those few Mn rest d in the bill should make it c: nform to tr eir wishes asmuch as possible. Inere were a few rembeds of Congress who opposed certain portions of the hill but none took an out an: out position a ainst seme kin: of a etanre. 1 while iijht men‘fl:r .I 1.3 "bar atcr panes stated that the 114353 e of the bill throngh the y + .. V n \ V'Yd‘ ‘ ‘-"~. 3 h .- v ‘ " . - .--. J- - .0" "\ 7‘, .. ° 33333 333 ootainei by miss aandall, du-;;u3£’0l he uel. ract c ~ ‘3 r— : \ T" ~\‘.. 3 's ‘ " .3 “ 1e33er is the Lw3~€, par3 naied hfzr fatter tt3t th‘ re33.13 '- n ;- ‘ "iv-l ' ,.1% a (an :' t Q .q ‘ V'OQQ Orb 'll.3l.«.3 3.}‘0‘111 pdSJ. LflLB Lloohvrb}. L VUFALm-I“CJ ‘—i vCLki" . 0 a- ’2' 1rr‘1 V 3 - ‘ H.“'«' q t" . - ‘ 11253”: JVL' 8, :3. 8‘2, {1 L13‘C't-i’3...C'. ac 3+at3: 1:] 1.1. F S.Y-....... 1,3“ V r. 1 4- P() 3’ I w L' / L _;_ . 'a PO it ever reach the position of 3 political issue. It 133 defia— itely, however, a sectional bill. of .+ f (\ . o G) 3 :‘- E e C :1. (D 3 H ,4 d- 3‘ 0) bill in the Senate only one lived Last of the Liesiss 1 pi River and th w. I ,3 :2 D U) HI F+ Cu Lfi P b ( 2 H L (’ J I +- f '1 k {1 b U) (__) p—b t (D (1! CL ”T U) (D c+ d’ (.1 I p H H of th33e who debated the bill in the Jouse were from the xii-nest 170 or the fleet except Er. Skinner of Kort h Carolina. Lorecver, the bill was not coneiiwred a partisan issu«. The arty affilia- '1’?! tions of those seeekin on the bill duo“.ci 31.x Repam cans and 313 ht Democr3ts. The bill was introduced by Lr. uawe3, a Republicen masher-of the Senate. A stuiy of the d=bate in the Senate reve ale th3t the majofi ty vs? the ameniments to the meajJre 5:7: offered by Repuhlicanzicmbers. The detete in the House was carriei on by one Republican uni seven Democrats. n13 1 333 oojeo tion to giving the Indian adfiitional '3 is for graz- D 5. 33 ;urpoeim came from the Heat. The objection to excluiing The Hive Civilized Tribes cu if: ’Ju d' from those states which would prof Lv the opening of tn: Indiar's Ian i to settlererfi. The minina ‘1 his power to lessen the amount of 1331 the Indian might secure v v C :3 Cu (3 (+- 73‘ (D 'd revisions of the Act. The bill gained heavy support 175 Those S'eanin' in the oen3te were Inbal 13, Kansas, Dawes, Lassa m} usotts, lelle-, Colorado, Plums, hansas, make", Texas, and 33uoerson, neozaska. In the House th- till was discussed by Skinner, fiorth carolina, 3323133, 333333, deaver, Iowa, l‘roc...:'rt3*1 Texas, nainer, thio, SprinQer, Illingis, holman, Indiana, and Po e13, Axkansas. 175 neputliconsz In;alls, Dunes, Teller, llu.b, magderoin ani Perkins. Democrats: Maxey, Slimmer, weaver \alsc 13.13 Iial + P! Hf n --\'V\ l+ F‘ '1 - ' - . . " V ’l ‘l r‘ I“ . >“.. 31"w)’ ‘Ll""“c‘3“"" ”"3 "d: 39: a Dy: 1:1"51‘3 “Obtain cub. hubby.“ The fact that no yea or nay vote was ta e:1 on any section of tue bill cr'on the entire bill in either fieuee 1n3icate3 tiqt C“? 3 r7! ’Jo ’— J a. (n .3 ( «'1' (D [51 l 2; A ( L‘ i as a serious iseue by either party. F L13 usuld lead one to osncluie that there was decided agreement on the bill. (l3) Here there any le3isl tore 'wure of th; weaknesses of » 4‘ +hr,.~» v - " L Y'-- ." ’3" ‘7 .- «l ‘,". . A ‘Cl 5". t d I‘ [re 4 v... v VI A u! \v .3 b. I! J.‘ 4e bill? Ue:tain weaknegses w m . -s - ... ’- -‘ ‘7“4' ‘ :Afi v .r N~,"V - ‘ . ‘1' 1 -. debated ca the madu¢7t. lfie Chlql WCdnneCopa, atlcl ”818 018- 'f' a r w '- ,-‘ '. w rr. 1‘3 ‘ f '.--'.’ 'n "‘ ere*wtln celtein ““3113 of la lamb frat tue preulelcns cl tJe bill. In adflition bstb the Senate and the ficuse hCJTd ebjec.iens dure meuld constitute a new Y'Tlil cf ~33 er r1n3 Citlzenship and. becau. e the Indian was not Capable c- acce; 2353 the reaponcibili- ties inh rent in citizenship. (ll) Wele there any out: ide pnaups that uvtfixpth t3 thwart the ill? No evidence was fguni in this stuiy thut wculd indi— cate that any uttemjt was rnde by a group t: keep the bill fr cm cec rming a law. (la) Di d the pee 5&3 e of the bill attract public attention? the bill in the “eriodicel literature of the tire. gereover, *‘l" r 33" ' _J~ * 3 . .-- .n k . I \. .- I '. u ‘l ‘L . tee Valgrql SuUleS c; t“! purlo wi or 1n fl: 0:93 uL atldies of "1 - ~v -\ «r. ... . - ; - \ Cleveland. Pr Che bl“ tte moet uttrnt-cn nus been leveted to t% sdbj'ct by levies and Lehlnoy bet: of vhsm.have nTitten bicgrapnies Cleveland. ‘lieee fs‘ts wsuld lead one to c :clude that the bill was considered of 1eletively Ste (13) What were the weaknesses of the Act? The three rein measures .mllch had been desired for the Indian were law, citizen- ship , and the allotmeit c; lane in severel,y. lee Act acccmslis‘wd these in cnl3r a licited gunner as law and citizenship were to be "sliceale to the Indian only on the conditit n ttat he leave the reeerv tiqn end ta e up lend in severalty. Che not left the entire reservation sys em standin3. Contrary to the a pe‘l of organized 5| A rcpegenda for a deCedc previous fer .he at~anjcn1nent and breakdown of the decayed Reservation System, the Act left the taking of land in severelty Voluntary. as long as there re rm ined Indians who did s not avail themes lves “f the Act, file Old system C b (-+ -5“ F0 ’13 H C; «1 ’2' H- O :3 u (\ was destined to remain with all of its e‘ils. 'rb nis me ant that the se Indiu-s who chese to em-1n on t”: seeriatiDn still had no law, no eeurte, ner any method of securing their riihts. The Reservnticn System, then, egained untduched for all Cf these Indians Wis did net accept land in severelty, the condition u;cn ted. fi if ...: O 3‘ C) H. C... p. N OI ihip re 0') an additional weakness of the net ;es that it failed to deal with from one-third to cue—fourth oi'the Indians. ibis was die to a tech, celity, but there egisted a real weakness in that a uniform lax was not adapted. The supporters of the Act led assume} t1at the Indian was anxious to avail himself of the severalty and citizenship provisions Cf the till, but es;:rience “as t shew that the cp303ite was the ‘. "1.". .» ..r. 4. A .-.-L t ._ «,3- ..- ,9 .1“ .1 2 ° 1.,_+‘-,~ the? .Lr’lud 4.1;, .la 1. 9;.u-lclllu7'f film-3172.13; .3. t1 . .LAX.‘,".; 1‘71 hi? . r' J14 \\ . - .2 . ‘m- . \ ,- -_ 31:, .p -‘ ~., ~.~._1.f. +1“. 1. of livlnr. MutuCV:T, the Act ”a; prnareatea 1:11 33' r l.;f swat r11... - .° 3 ,. no 1 - fl ., - . .. - + + .- la: ethW173 oi U.:f ‘1 3' tinge Indiana e*t:.lni 3 lb ”as , u L ' u‘ , ‘ " f 1 -— , A \ ‘. 7 ‘ 4. " I" r\ f. + 1 A." 1ar arm: sa,1r a*t°"' ?'r ;n t.c n A" ca3~ ffiul ”USU Lr,n h. under I ~ -. . p1 \ -. ,v. -~ 9' r~ Q - ". - ‘ . " a. -- the ev;l 1n_ xLHCS of c rrupt acruer ,cltt1Cuana. . .. - 3 ka ~ '- ‘4 . ' - “.I: I‘ : v u ~P~v‘ ‘“ . ’- . _‘ - ' 'V '- ‘ .3133"; to; u, _:-.]_:1 .3 t3 ._ 13 to ..1:‘,- 1...’..a :11 .2? 3L ‘f’a - -. 11 l ..'. 13 u‘ra; _.L*l _. w -n 1m. \ - ..--v. ... - - a L Ann: .... -~ J: ~ TlAallD’JJ.‘ L'L + ‘ J fir-\-LJHZ Q“. \.. IL. “I a «Au:~&~':.&.£: Viv-n +}. 3»: Via. .le'd ...+ --..m .4- r a . ,» 3 4 - 1 ° , v .'~«’ - :1": 2" .J Cuzud-e Ly I Q A‘II'WV: \: -..‘f 1AA - LIU ”fla- 7, 2': ll\\.«lh 5 fl 1 «-11...“ I 5 “V; g? .§ " "‘1" t?“ ““V‘ “~~‘t1"‘i<1 ;; “11}: ‘5 “ tn» , ..'i ‘ r . .‘ 4- - 1- _ c. ‘- .- .~ -. a. “ .v '1 .a - - .I‘- ‘ .. J. 1 , 1 .. ; \ n . ~'»l’ bandxykuk... 11:? '4'.) l ’J; .A'J(-..“\‘J')\A]“"- .Lf'vu'cLO Q"-?L~d+¢-'-‘f H. 'I 1.3 mile e.erei _ .? CitiLWXstif heir?” 33 be bra t3” tnezz ”rLVIl "Cg. Tke pares net failed t1 grvade fer aiy definite a; :atienal pr-» gran f-r “Fe ludian. it dil ir‘r‘”e ttyt tn: ~'n v ;qi“‘; fyeh JL“".'-." 3441.: .-‘7' “‘1‘ 1477‘ 1.... 3;." F?) 1136251 101" :1; ”ca"; 1:." 7.13. ,’ greasy, ‘51., it :12 ngt ;rero¢e a :rg;zahn lie Danes oeVe:alty'Act "a: a aliecrc att; gt t; irg~rve t‘e l.d1an o ,li‘tt. l. "as a stay-iu; :tc.c t- a he;: e“;;'TLc'c; tells; a1 alt"; .1). it as :1:t 9::‘"--cu u'l-L sad t.) ‘1; slay”; L7 tne U11ne Act e: 1.;e an; aacaeqi;ni ledlala .cu, r-‘ its lngif 4 ' L ,. . "‘1 ,,". . ~ -‘ .' D . ~- d‘r’..‘. '43." :'J.§A»6 M 1. 'ylfi ~..L-U :u-a-‘ '71. 'i 054.“ 1 n: ' » $ '5 ca- n t can *1”: . ‘v Q.) U n -e , n Dfl nor 0 i D PL U x} .3 ’ 1T1 “ I‘fi ' V I‘ '1 1' I). 1‘8 33 .."u'i. ‘ e I”? b e h «L b o \ V 10 Con 1 PC fii 1 q' .."3 so ervut ~ 4 uk- '1‘ v Of (1:. A re in ‘\| .‘ oz'act of ,. ., ¢ - 1“ -¢ V. IL «A:- J)‘ Cd 1C .1 .". u¢-\A '9' ‘l ‘0' -" L ‘f thereon T'- -...4 ¢ l 13.. ral ed That " 7" ea .3 | fr»! , , 4- Jo. v, ed, .3 as q '. \ ....V'IL 9.. 1 ‘. gal I ‘1! U ‘- ‘u C’I‘QCU- ptwv cess 1):)“le -4 .' .»,,1 \. ..‘o J.-. I v c , u U all lo 1' 1'1 6 a 0 1'1 2' (.1' « ~-‘~v last 2* Q I ‘I L J ‘ lull .1 d t~ 'tra VA +. ‘H Iguz’IJe‘. V 1‘3 .3 {L‘ I“! a. 1V3 \ 4V 1y 1 -r Ir J va“o '3 .V .q.‘ UV - g— ,— . ed btates be, and he an of th_. :10 re quantitie '. .s -—~a..’ ‘ 1 upon uh \ I L 1111911 I V t J- vf“ r.» r on}. .+t , I €'.r.. . ..L on. .5 r 1 .00. cu. ova Lt; r 11 be a sea pro rata . .3 l .1 i h 1 ed de nt 1a'= Jed fa o 1 A. '7 d C UA‘A. .. U ci T u-;u ,. .L. K- .' prov ~ V I“ ' L‘sv .‘I . tbu- ‘_ fl‘ 7'!" a it ~— ,3 t' It sufl cla O‘- D k. those he? 0+ ‘ O ‘ 1316 Q U .- Lo‘ IL.) r’w‘ -rVaticn .1 f: O ‘H 1% re 11‘. -. or act P‘ H su ch ‘ urn ieh,treatv cnt of Xsl VI“ C1 nal allot 10 lands ‘3 n th ‘ddit O a in J “+- F ‘ ‘11 ma .1 J... 1N4 h. :1. to -‘! Laue sfirfil be previded, e l‘ a “ - v d 3 CLLJ U“! (V ties 3 0660 3 .U .1. .1 .... ..L 1 . 3 I‘ '( Av 1 s=lecting f 5. q U I... ‘1 A 1' A- ‘ lega £1133 11 sh“ the under th J. ...V _ L ‘ 4 F \n . gel. .6 \A and e assigv' '\+"". it), Q ,- I -o 'LQI‘ ent of such t the t itle ". .L .i, 71 a C l i as on. on a: al‘t { fix:a* e c I ‘ 31" t- "7‘ I A .nu\§ l N, ’l ‘C 661 V! LL direct sel ‘ lf“ .\ U V 1 . , flu V ' V“ ' ? “Cd-:1 r th;t pn HQ LAWS ‘ I l .L as J. 3'1 li, ' Ed f. 1‘ n . ‘ {lulu .1 .. I- I T I'L-‘I‘C is of Lip“ V L-an c the J I nt r! {37‘ flkx . . C W ' CI‘ 1“ t- J O 1.- -‘ 1 ea " ‘0' hi 3 1 a1 a" of I “hit?- ~+ — V 11. E, U 893:1 I I‘ W! 0 or ban vow ments to Q for SLch lndlan, whicn election shall be allotte da as in case where selectiens are made by the lndia-s, and paten 3 shall issae in lLCe Farmer. Sec. 3. That aWLl .nents 1m: V1 led fer in this act slall be made by Special agents angointei by the Prczilient for such pur- pose, arid the agents n chnrqe of the re esp ;.ct' v: resarvaticns on WCiCh allotm ch rul es ani 4‘ w "n 4 1: nts are directed to be maae, unier an ref“'a:ions as the Secret ry cf the Lnterz' cr IL? from time to time firescribe, and shall be certifi d 7y suc- a:ents to the Commissioner cf luaian affairs, in implicate, one copy to be retained in the Indian Office ard the otter to be transmitted to the Score ary cf tte Interior for his action, and t: be de- posited in the General Luz}: office. Sec. 4. That where any Indian not residing mpc n a reserva- tion, or for whcse tribe no reservation has been prCViici by treaty, act cf Conzross, or exec utive ord r, Mb ll malie se ttle~ Kent upcn any surveyed or uns urv‘yed lands: F the United Jta es not othurwis se ap; rO‘ria tea , ne or she anall be entitled, upon application to t-1e local lan i of ice for the district in whic the lands a e located tr e same allotted to hL: or he and to his or her chi ntiti es and m.mn er as previ; in this a t for Inni- nun -. , v“ -° .» . a ... . .1 .. .2 .. .. . . 5T“; settleuent is Male age“ on ‘IVEJGu lanis, the »rant to such 4- 4» u l 'v D a Indians shall be -djuo ed “pun tte Survey of tLv lands so 3 o confenn thereto; and pate 3 Lall be iBFh;; t; t‘cu f‘r sueb r . lands in the runner and wi rovide d. and the fees to which the office s 3 3} local Lawn-o ice woull have be en en.‘itled had such la.ae Oten entered under the general law; for the disgcsition of Sublic lands diall be paid to the era, fro-2‘1; :'.;one;.rs in the Treasury of the .. Lt e1 States not t 6 '1‘0 appropriated, upon 0 statemen. of an ace" t in their Lad Q a for arch fees by tFe Connie-:1 one: of the General ice, and a certifiCation of such as r he Treasury Jy the Secretary of the Interior. Sec. 5. The upon apprtval of the allotuents prov in this act by the Secretary of the int'-rier, he Shall pateits to i‘sue therefore in the nu; - e l patents sha ll be of‘the legal effect, and *ec (D H.) (+- r O: F) O + (I v (b 6* b. V ("P ‘ :J‘ :1 (P C . 4 H 9- C‘ ‘1. flint :3: '-’;th: “' in)? i ' :65. , * L I - ‘ - .0. ‘ ‘ q.‘ u _ .' A‘ ma; in aany case in nis discr:t2c, p 1 ‘ 1Q“C thq v 3.- States does ani will hold the land thus allettei, ft? the period of twenty-five years, in tront for flu2;afim>use an: benefit cf the Indian to than such.allotment sbal have been made, or, in ca: of bis deceau_, cf Lia he re accoraing to tbe lu“3 of “he btate or Terrftcry "tare su;h l nde is lQCatei, ani that at tte expiration of sa;l perioa ,he cnited states W111 convey *Fe sub» by patent to Said Indian, or hlB moire a: aforesaid, in fee, a1 c- ar; --d of said trnzt and Pr; 0 all barge r in umt-ran: "' ‘ "‘ + i : ‘ + ‘ A, - \q +..t, «1.6, LU-C -lCu;_, such conveyance or 'Q ' IV ‘l‘. ". ' ul\“ ww- -‘ l ani Vela. frng;;j, inst tug “ - l 4. -_~,.,. 4. 1 J- a»: . o 0,. -V -. _- ,. u-P . pecan“ Ufa gar.i.ion 1n Jezce in .14 state or Lerrzto‘v . r~ -~ ' - ll:+‘ - ,‘ o__"1V ,4 ‘1‘ “t ..JhL' re : I119” alan: qr‘iz 5!; Uti'dtfo. ‘fiv . 1. “ill. ‘3' +1116rbt 1‘ a ‘ V11 {giltal 4:8 $- 1‘ , '1 - _ , ‘ ‘ 1"» i and u.)-.LVL‘I‘“‘ t VIN—pt «D 1‘ Ya 3.71 ttmr';~ 15:5 have M o“ e126: ice 'DTC""idenl; azld . a tin: the descent as: par ition of real estate c .' ~ ‘ l is in t"? Indian may .3 allottec i? seVaraltr tnfier thc provisions of ftis act; A36 further gr i 3 That at any time after lands ha 26 been allottel to al 3 of any tribe as herein provided, or sooner if in t f the Presii ent it sha‘l te ft? the best 1r terests of said tribe, it shall be leaf.1far the oecre- t new tar" of the Interior o c:tiate nit- such 1.; “an trite for the turchase ami release by Said triue, in cznfozsi t" ' ith the treaty or statute unler'which 3UCh.TGSETVuflOn is h::d, of s1ch portionso of its reservation not allotted as sgch tribe shall, from time to time, c:.n.3e at to sell, on such terms and conditi;ns as Jiall be considered just an} e "ita 1e between the Tuited States ani said trite of '.u1au-, wh_0: purchase &.all not be -o;“let until ratifies by COHQIE$:, and the farm and mbn1;“'0f exesat1nv s1éh release shall also e «1:3CPllcd b; 0* Pro”iaei havev r, That all la ‘3 adapted to agricult without irri a ion so soil er released to the United State. by any Indian tribe Shall be hell by the United States for the sole purpose of securine homes to actual settlers and Shel be dispos ° 0;; tLe Lnite- btates tc actual bcna fide settlers only in o. tracts not exceedin 2 cne hundred and sixty acres to any? one person, on each ten-ts as COHJ’IBSS sh all res-c or ieb cmbject to g rants viii-eh Conrless may make in aid of educati - : 11a Droviied firtxer, That no patents shall issue th~sef ore excegt t3 tn : per sex so taxing the saLe as and fer a . cstead, or his heirs, aad after the ex- piration of five yc"r ccupancy hereof as each h .osttud and ' i s so taien as “cuesteafi, or any con- uh“ or lair the1eon, created pricr to the date 1 1.1.1 void. And the ISLE-.....‘J a roe-.1 to he \aii ‘ tate pure: ;as: money for any portion cf asy 31:“ rescr'atisn stall be trld in th: Treasury of tue Ufiitcd states fgr tie sole use of tae trike ox-tribes of Indians; to 3.34 such reservat1css be.on5ed; ami the saze, 3th lHICWI st thereon at three per cent per ann‘m, shall he at al tint S subject to a;prop riati ion 1y Uon;m ress fcr'the ed”.CutiC ant czvill1ation of 91a- t;ribe or triecs of India.s'3r the washers thereof. Th patents af°oruaii shal -l he recoriec 13 th; General Lan1 office, and aftermard delivered, free of charge, to tus allottee entitled therefiu. And if any re ll: io one so 1ety or ‘ther organiuaticn 13 new occuLyin.t any of .h; public lanes tL whfch this act is ay,lic- able, for rel is ious cr elaCa ional "orL anunq the Ind' L Secretary of the Interior is hereh" aizthorized to conf occupation t. su eh ={siety or organization, in quaatitr ing one hurilrc-‘ uni ixt' acres in any one tract, 3; 1 same shall be so 0; cupied, on such te as as he filall d 3 but nothing here: n c uta no d duall clenje or alter any claim of such society far reli2ious or eivcatiosal purr0398 heretofor Prafited by law. and hereafter in the employxent of the Indian police, or any other employees in the puhlic service among the Inaian tribes ffected by this ast, uni there Is ' s a per? orru the “-,.“v '13: ~ 1‘ r v}: . \ F“: V c . w I“ — s -ta1i.La, thc:e Ida-ans n;e availed ’ 4‘ p 3 3'03 0-. dLAE' pro- isions of this act aqi teccee citizens o. e “"9 d States Shall be pre1er1ei. Sec. 6. That upon the comcleticfi of 33:3 -lc‘“ 3 a-i‘. the patenting of the lands to said allotte 3, each and evvvvzuruhrr cf the respective bands or tribes of Indians to whe'u dlotLLnts ha? been rade shall have the benefit of and be subjerct‘ t: the laws, both civil and cr inina], of the State or Territory in wi1ioh they 1y eside; ami no Territery 3h3ll pass or enforce any 1a” deny- ' n any sich Indian Hithin its jurisdiction the equal protection . And every Indian born within the t3‘ritorial limits of Tsited States to when allotments 331:1 have beeninaie under the «{ +'O H-B P L“ "L H-H d 5’35 (D a p cvi3 m: s of this act, or under any 13x or +rca ty, a3d every Indian b0 orn Wit Lin tLe territorial limits 3f the United States v;hc has voluntarily taken up wi hin s3id inzits, his residence 3:“arate and apart from any tribe of Indians therein, 331 313 aioytcd file ha its of six iiised. life, is h3reby declared to be a citizen 3 t United states, 3:13 is mt1tlei to all the rights, piivileges, and iz~ nities of Sich citizens, whether said Indian h1s been or net, 131birth.o1oth3rwise, a menbe of any tribe of Indians with- in the territ tcrial limits of the Uni+ ed States ’thchut in any mann'r imparing or otherwise affectin: tre right of any such Indian to tribal or other pronerty. Sec. 7. Th 3t in cases there the use-3f Wa«3r for irritaticn is nerzessary to raider t e lands nLtLin any Indian reserVation -yailable for a trialltu ral pt eroses,‘the Secretary the lnte rior he, and .he is -313by, aithcr iced to prescribe such rules and regain tions as he nay deem necessary to secure a just and egual a stiibiticzi the ecf anon: the In3 ians residing uycn any such reselyaviens; and no ot isr appropriation or-grait of wat:er ty any riparian proprietor shall be authorized or permitted to the damage of any other riparian prop rieto . {I See. 3. ILa the p ovisions of't3is act shall net exten3 c the territory occupied by the Cherokees, Creeks, Chcctaas, oer1nolzs, and Osages, Lianies and Leorias, aid Sacs and Foxes, in t1: Indian Territory, nor to any of the reservations “f the Sesaca iation Cf Lew icrk Indians in the State of New Torr, nor to that strip of territory in the State of Nebra .iza ad oining the 31*ux Eation on the South added by executive onie Sec. 9. That 10r the purrose Of'nati17c the 31PV3N3 and re- surveys nentioned in sect1on tee of th1s act, there be, and heitby is, a;:r3priated, out of any nwncys 'n t} 18 Treasury not oth er wise agpropriated, the same ucf C13 Lnniied ttousand dcllar to be re— paid Uropcrtionatelyo tof the proce d3 of the sales of such land as may be acguirel from the Indi7's nder the provisions of this act. Sec. l3. Thit nothing in this act sh a l'be so can; rued as to affect the right and power of Cor Jess #3 grant fiie right cf ‘ 0 way through any ldnis era witsd to an.Indian, or a tribe of Indians, for railroads or other hljhhays, or tel egra} h lines, for the pdtlic use, or to condemns ch lanis to public use, upon mahin” inst COL .anSdh on. Dec. ll. That nothing in this act s‘all be so ccnr race as to prevent the r mcval of the Southern Ute Indians fr:13 their pre:cnt a reserV3tion 1n So3131+st r3 v0 or is to a men ~esez Vatic: by and U wi t‘: the 03113'“.t c. f‘ a La tribe. Ap; rov e21 , b‘cbrud 31:; T in UlbulU 11W in "Vr 1'1. .. -- .L.li LAHJ‘LII; DU u ; \qu \"4‘: -.S ‘. -. 4 _ L‘Ah ».»\.\‘ .1 I: " ‘V:*'~ '\ V'-J “" '- 1. u-«--f- “a" “5.V‘ ‘9 v 1‘, n 7‘ "P' V\ ‘L.‘A.~A‘A ‘§..» r ‘ .. L \. a» ..r \' Vu‘ - a. "rim “w J I n A g~§ . u.. A‘ 1‘ t4 .. ‘ ~—' ’ . _-. ._- . ‘ . m~l -n- H ~ ‘ L-*—a $.54. .Luo‘V‘d ,v~ --r. <‘o~n. 1 1.“; -..L .“wr ‘ ':‘.{- V- ..--v4-» NA U4 -.. ’ ‘v‘..\.' #L'_ “ y. r \. v ‘ u _ " .' I iJ UU¢-L‘_;O ’ L 565:) O 5903. 5 Q C C r C . o D. ugg¢c uu;;;a5, u '...1'1‘. :1...._..-,-_..,,,_,.4l_v, nuliac 5.55.:ch4.0.1_ ..Lb yugduu. .wu, we bud-V. , 2.; 99119., (.5 9:56.}. ‘x’.’ uLIL,_;., 6 abod. c- 2. .55: v v.-QO, b ~O . ' ‘ "nl‘ ' .-" - . 4‘ lth—;Q;Qoul., do Do. Laue. it; Cougildt L021 C- . .‘ ‘ ‘ L bUQDO‘ , JL-h. ’ {VA-.0 ”T" 5. , iULO , Lal. . JUL. 9: VI UL}... A-V. .0“. “U. ‘ . MU. «LIV. lie. I... w ;.J. rugcrs C” TVU ire 'N -. K - v'. . - ..- Dz, .Lh '. ‘. LJA‘XLIL A. \ A. 4' ‘ A .x‘1 4' - -- ~ I‘ x . ' 55}. L4 Aug, 0;. GAL; q c1 u . .T - -' . . " ‘7 ‘ ’ 77 OAUb-- 'J ‘ I v V-J- ‘ |r I , ' ‘ .. a; - 3 . . .. 1 . . VULD. N, 7, U, i'aolJnut'vb-’ J.\4';rv , V V1 0 a ’ I) U 0 ‘9 , :J bun;., a Seas. \I‘ K." 1¢‘- I ‘ ',\ Axx- 1 I > '.-~ I ‘ -‘ - 1 ocuufd J VJ-AK\1‘ ’ ‘L - bvy‘u. ’ L 535be - w". .- ‘l “ - '. v “ ' - " ‘ K. :i ‘- ' 'I‘ 59.31.13 53.5..»bp..hd 't: ..o U-JL ”swabs ‘zu Uu.}_;o, a 0.5.5. I CUIIL’QO, 2 SOS o L55tci dtatas nevise; StatuLLS, 56;. a4? Titifl AAVIII , VOL. v. : ‘ ’ -: "‘* I" ‘ -‘ s 1-v - ‘- UA‘L vbu audit/O b.t1w.lC£...o 'f‘- “ .". VO‘. '.‘.L VOL. 43 N-“-c.--tla Nevins, Allen, Ed., c.t:rs o; 5-CV9T ClLVe;afiq, .1..'_N,‘, ‘ .' — v I (74.” '4" 4' «n ‘r ‘ ‘1'-:y .4‘JOL4 ‘ SCANAL‘QLLC DLUI‘, J.” b o , LU U; £4.36 K. J. tut; .L...M_.C1“; A...Ld.gru — 'r‘. F 1 1“ - " a I ‘1 its uLSfUTf actlv- 12: av- Urban-— "'1 : ‘ " .'r J ' I '1 w " t! l ...a ..II, \Illat...uC<. 3.1.1" UdeI‘I‘ (gut fiBJbfllLd, EODUQTQBL JV. QB) ‘7" -+' .... ~ ".v . {an PLLLiC... v.13.-.) Of 50 _‘LC+-.__L,g — A‘ ‘3 " “ ‘ .V"“r‘ ‘r.’ ‘-"—'. . --‘..-‘- “' -" .33. "rya "‘7”: Annual l'l‘uceC&11L"D Cf tw; 1-.....d1. 1114M» Aobpy-at..u-., .59...- =_.f' -' .- . -4.” I... t 1 .Luqa’, ..v .15.. VU, I’ALJ. astLLJ—L&u " »7'.». ._ . 7-1. ’7 ,.~a-.,. . by” 1;. I'I'ub'b‘c'...5‘_ 5.) ... Lf fh-j Wise &AU¢LQQ.‘.". DU...“ QL‘C ’21-’35, 1’3CIC“.L-J-Sr7. ill" ill .51 ‘-' L , r”....i.o...CLr..;a II. SEGUHUAAY SUuhUES A. v be nenxcdc, H. 3., Hacker, L. M. and K6 mriCK, 5. do , .Hflll, J. P0, IIBSSLLU irlb, "0 A)" Jurkis , Lu. , Johns;n, A. and Lalone, D., Ed., éé Short Kistozg of the U3 -' .- 1.7.7.)- L‘ e I“ L U“:‘- , ited States, '\ ‘ 1 .LvL‘i Rucfierfcrfi g. LaI s, Jew York 13:0 W56 His tor ry of the United Stafes bm {3811. U) , 1‘6 '37 .LO 3.". , 1 Amid Cases on Constitut‘QL1al Lew Sclcc .ed from Decisions g£_the Sgate an; :edcral CO urts, St. Paul, 1915 Ulysses S. Grant, Lew York, 1955 Indian Affairs and t;cir Administxa tion, lBéz-1363, fhiladelghiu, 12;; 013.83th. E. Mtfl‘nl" lit; '7 YUI‘K, lurk/1 ALCentury of Dishonor, Loafon, 1931 + 0 Andrew Jackson, A.Port ru 1. L21; :7 "J A‘U'J lUJ-g. i., L Dictionary 3? Amrrica: JiQLIaPLy, MacDonald, m;., Ju33;7niun D7":cracy, §Thc American l‘duiorl 561‘ 165) VOL. 15’ 1.6.“ 71011:, 1905 Martin, A. E., Hisxvrv 5f +Pe Uzitgi Stafes, Vol. 1, wstun, 1.9.33 McElory R. M. Grover Cleveland +he Man and £15 3" D state-Tara :1, L‘e-IJ lUrrs ’ lJ-QI3 .McLaughlia, A. 0., A Consfitutionul Hiatcry 0‘ the Unitgi S: a+es, “ca iork, 19;: Mohr W. H. Eedcral Indian hcl a ions 1774-17;: 3 D 3 I fulLduUL‘J d, l~w Hevins, A., Groer CL&VELufl; a Stuiy i‘ Coura e, new 19:5, 1.7.». kcrhcltzer, E. P., Historv of the Unit: ¢“ ‘l‘l Eaxson, .. L., Mterz of the Axaricun ErgnfLQr, L17 r£-L»vU, l‘cg \f —Y‘:{. 133:: * Riegel, h. L., America Moves "est, H w York, 1950 Seymour, F. h., The Stor173f the Red Man, New York, 1339 S“arLs, h. E., Ratio nul uez-‘;,uc“+ 1377-1%95, (The Con nation ocIieSJ Vol. bé, Elev E or}; , 190? «._.. m“ - H . v'y r “ .- ‘ 3' 1”\i"' f. ‘,' ' .~- 1 1‘“ ;-- ‘v Aig‘fii iCun .LKi-‘v 120‘]: 631', IJClO 5.0:), "'3. LL59‘--LVU’ \v". m. “MLCJ +VL111’ "Indian Citizenship" Atlantic Monthlg, Vol. '5" 0 'W : ’\ \n “-7 ~~ . ‘ m 77- P- -‘-. v r' "V. ‘ --. ~. ‘ 7. mm ' s : —,. fi" 0 5 ‘I ~' . "nl‘tC-Lual btatJS of the Endlun Tu“r1tcry" ,r 4-: . I x r: w’ A I. t.“. ~ A Ndu.64. 101- ~, to 1L3-154, R. J. .1nton, "Un-tw tatcs rUIiCJ"'i{it-.1 I’LiiUIIS" North :1..;~-ican ..-”, Vol, 93 p. .1479 "White“- , , Dld+€io £Uli¢l withmdimm", {Eiitori ) yr \ \ :‘J '7 IV .\ “. " r-y ‘ - ..I'.V. “CL. luv , is. 1., V. Obfluru, "£019-3Ld4’. . '! -,- 7.x: » ..V' ‘.-‘r Adgc‘CtS Of th” $-l--d.‘. 3.1‘b-u.." 456 J. Davis, "Our "1th ludians" 1'1 p. ,4- I: ’1 (D Fr; 0 f“ P. Fr) 0 O L ‘ ‘C a c .: 'rl’f 4 |. ~‘I ‘. ‘5 O'- L. I, j. \ .‘f '0 u - l. I. , .' v‘ . ,. I '9 ' I'. .‘ ‘ t :1 ‘ Q . MI, - I ‘ . ' . .. l. ' Q II t.' 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