4. The Factors under his direction.

When in 1819 and 1820 Congress provided for the employment of persons

to educate the Indians, the appointment of Agents to specific tribes

began.

When the trading-house system expired in 1822, the factors disappeared.

Indian trade is conducted to-day by licensed traders, who are under

bond, and expected to live within Indian country.

In 1824 the Secretary of War, without authority, organized a Bureau of

Indian Affairs, probably to ease his main office of details; and eight

years later the President was authorized by Congress to appoint a

Commissioner of Indian Affairs.

The Act of 1834 conferred upon the officers of Indian country the

authorities they invoke to-day with respect to control of the native

and those who may seek to oppress him. This Act did not apply to the

Territories of Oregon, Utah, and New Mexico. The Agents for the Pueblo

Indians of New Mexico were handicapped in their work until 1913, when

the Supreme Court of the United States clarified that situation by the

Sandoval decision.

In the early days, army officers were designated to perform the duties

of Indian Agents, and the Indians were brought under strict military

rule; and this, taken in connection with the imperative language of the

laws enacted, tended further to increase the powers of the Agent.

By an Act of 1847, directing distribution of annuities and treaty

goods, most Indians were brought to a condition of complete dependence

on the central Government. If prior thereto they had enjoyed any civil

liberty, the fragment was taken from them. Many looked to the guardian

even for food, and when the guardian was aware of him—most Southwest

groups were outside this soup-kitchen zone—it was provided. And then

came opportunity to those who made a scandal of the “ration” days, and

presented Robert Louis Stevenson and other brilliant sentimentalists

with a slur from which the honest Indian Agent has suffered. Wherever

the Government had cognizance of an Indian, he was a child without

rights other than those his Agent permitted him to enjoy. As late as

1922, acting as a Sioux Agent, and being overwhelmed a thousand times

daily by the emasculated title of Major, I signed many permits allowing

old warriors to leave the so-called Reservation—it was really a

sanctuary for whites—for trading- and visiting-trips, a long-obsolete

bit of red tape that the vanquished one still recognized. I could not

very well have prevented his going without a permit, but as he saw fit

to believe in the old system, I signed the papers cheerfully. At least

those older majors of the army had instilled into the elder Sioux a

respect and obedience, without destroying their pride or confidence.

In 1849 the Department of the Interior was organized, and it was

authorized to have supervisory and appellate powers in Indian Affairs

theretofore exercised by the Secretary of War. The Secretary of the

Interior became head of the Indian Department, the Commissioner of

Indian Affairs acting under him.

The local control of reservations remained quite the same. Native

police were authorized in 1878, but the Agent continued to be sole

judge of the guilt or innocence of Indians charged with offenses. In

1883 the Courts of Indian Offenses were devised, an idealistic

experiment, no doubt originating in the far East. It was hoped to

encourage the Indian somehow to discipline himself. But it has proved

farcical, and when used at all is a mere instrument in the hands of the

Agent. During the past fourteen years I have had charge of four Indian

reserves: the “Moqui,”—now correctly named Hopi,—where are many Navajo;

the Pueblo; the Crow Creek Sioux; and the Colorado River Mohave; these

extended into five states, comprising a total population of 14,000

Indians of six different tribes and many local divisions; and among all

these natives I have found but one Indian having the requisite

intelligence and unprejudiced standpoint to warrant his presiding as a

Judge of the Indian Court. It would be unfair not to name this man. He

is Pablo Abeita, of the Isleta tribe of Tihua—Pueblo—Indians in New

Mexico. And after years of loyalty to his honored Agents (not all of

them were honored) he has reaped as his reward tribal enemies, and

political and civil ones. The one man who proved the value of the

experiment was made the goat. Such are the fruits of idealism,

preserved by new leaders who come staggering under many inventions for

the benefit of Poor Lo.

These historical facts have been briefed from an article entitled “The

Evolution of the Indian Agent,” written by the late Kenneth F.

Murchison, one-time Chief Law Clerk for the Office of Indian Affairs,

and printed in the Commissioner’s Annual Report for 1892. The writer

closed with this significant statement:

The Indian Agent now has almost absolute power in the Indian

country, and so far as the people over whom he rules are concerned,

he has none to contest his power. Appointed at first in the

capacity of a commercial agent or consul of the United States in

the country of an alien people, the Indian Agent, under laws

enacted and regulations promulgated, has developed into an officer

with power to direct the affairs of the Indians and to transact

their business in all details and in all relations.

This is a very curious chapter in our history. There is a striking

contrast between “ministers plenipotentiary” appointed by the

United States to treat with powerful Indian nations, and an army

officer, with troops at his command, installed over a tribe of

Indians to maintain among them an absolute military despotism. Yet

our policy of dealing with Indians has swung from one of these

extremes to the other in a strangely vacillating way. Indeed at

present (1892) the Agent among the Five Civilized Tribes performs

rather the functions of a consul in a foreign nation than those of

an agent.... On the other hand, the absolute military rule finds

its illustration in the present condition of things at San Carlos

(Arizona) and in a modified way at Pine Ridge (South Dakota).

Now the superficially informed person will arise to declaim that this

is ancient history. It is true this was written concerning conditions

of and prior to 1892. But only recently were the troops removed from

Fort Apache in the country adjacent to San Carlos; and very recently we

have had cause to regret that the authorities of the Agent for the Five

Civilized Tribes were ever revoked. The Indian Agent for the Pueblo

Indians of New Mexico, considering their recognized forms of tribal

government that the United States Courts have sustained, should perform

the functions of a consul, plus all the duties of an Agent. It is

difficult for the average appointee to perceive this subtle

distinction.

And should the superficially informed person visit the Southwest and a

closed Indian reservation, to witness the Snake Dance of the Hopi, for

instance; to view one of the pageants of the Pueblo Indians of New

Mexico; or to hunt on Apache grounds,—and always providing that such

Indians have an Agent not afraid of his political shadow, he will find

that the supervision and control of the Indians, and of the

superficially informed person, is based on the authorities related,

which have not been revoked, and which any Indian Agent may invoke at

any time he thinks necessary. In Arizona the State Legislature has

granted additional powers to Indian Agents, as the residents of this

colossal State have no false ideas with respect to its Indian

inhabitants, and wish them managed in the most efficacious way

consistent with justice.

As instances, Arizona has these laws:

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