CHAPTER I.

A CENTURY OF DISHONOR

A SKETCH

OF THE UNITED STATES GOVERNMENT'S DEALINGS

WITH SOME OF THE INDIAN TRIBES

BY HELEN JACKSON (H. H.),

AUTHOR OF "RAMONA," "VERSES," "BITS OF TRAVEL,"

"BITS OF TRAVEL AT HOME," "BITS OF TALK ABOUT HOME MATTERS,"

"BITS OF TALK FOR YOUNG FOLKS," "NELLY'S SILVER MINE,"

H. H.'S CAT STORIES, ETC.

"_Every human being born upon our continent, or who comes here

from any quarter of the world, whether savage or civilized, can go

to our courts for protection—except those who belong to the tribes

who once owned this country. The cannibal from the islands of the

Pacific, the worst criminals from Europe, Asia, or Africa, can appeal

to the law and courts for their rights of person and property—all,

save our native Indians, who, above all, should be protected from

wrong._" GOV. HORATIO SEYMOUR

NEW EDITION, ENLARGED BY THE ADDITION OF THE REPORT OF

THE NEEDS OF THE MISSION INDIANS OF CALIFORNIA

BOSTON

ROBERTS BROTHERS

1889

_Copyright, 1885_,

BY ROBERTS BROTHERS.

University Press:

JOHN WILSON AND SON, CAMBRIDGE.

CONTENTS.

PAGE

PREFACE, BY BISHOP WHIPPLE v

INTRODUCTION, BY PRESIDENT JULIUS H.

SEELYE 1

CHAPTER I.

INTRODUCTORY 9

CHAPTER II.

THE DELAWARES 32

CHAPTER III.

THE CHEYENNES 66

CHAPTER IV.

THE NEZ PERCÉS 103

CHAPTER V.

THE SIOUX 136

CHAPTER VI.

THE PONCAS 186

CHAPTER VII.

THE WINNEBAGOES 218

CHAPTER VIII.

THE CHEROKEES 257

CHAPTER IX.

MASSACRES OF INDIANS BY WHITES 298

I. The Conestoga Massacre 298

II. The Gnadenhütten Massacre 317

III. Massacres of Apaches 324

CHAPTER X.

CONCLUSION 336

APPENDIX.

I. THE SAND CREEK MASSACRE 343

II. THE PONCA CASE 359

III. TESTIMONIES TO INDIAN CHARACTER 374

IV. OUTRAGES COMMITTED ON INDIANS BY WHITES 381

V. EXTRACTS FROM THE REPORT OF THE

COMMISSION SENT TO TREAT WITH THE SIOUX

CHIEF SITTING BULL, IN CANADA 386

VI. ACCOUNT OF SOME OF THE OLD GRIEVANCES OF

THE SIOUX 389

VII. LETTER FROM SARAH WINNEMUCCA, AN

EDUCATED PAH-UTE WOMAN 395

VIII. LAWS OF THE DELAWARE NATION OF INDIANS 396

IX. ACCOUNT OF THE CHEROKEE WHO INVENTED THE

CHEROKEE ALPHABET 404

X. PRICES PAID BY WHITE MEN FOR SCALPS 405

XI. EXTRACT FROM TREATY WITH CHEYENNES IN

1865 406

XII. WOOD-CUTTING BY INDIANS IN DAKOTA 407

XIII. SEQUEL TO THE WALLA WALLA MASSACRE 407

XIV. AN ACCOUNT OF THE NUMBERS, LOCATION, AND

SOCIAL AND INDUSTRIAL CONDITION OF EACH

IMPORTANT TRIBE AND BAND OF INDIANS

WITHIN THE UNITED STATES 411

XV. REPORT ON THE CONDITION AND NEEDS OF THE

MISSION INDIANS OF CALIFORNIA 458

PREFACE.

I have been requested to write a preface to this sad story of "A Century

of Dishonor." I cannot refuse the request of one whose woman's heart has

pleaded so eloquently for the poor Red men. The materials for her book

have been taken from official documents. The sad revelation of broken

faith, of violated treaties, and of inhuman deeds of violence will bring

a flush of shame to the cheeks of those who love their country. They

will wonder how our rulers have dared to so trifle with justice, and

provoke the anger of God. Many of the stories will be new to the reader.

The Indian owns no telegraph, employs no press reporter, and his side of

the story is unknown to the people.

Nations, like individuals, reap exactly what they sow; they who sow

robbery reap robbery. The seed-sowing of iniquity replies in a harvest

of blood. The American people have accepted as truth the teaching that

the Indians were a degraded, brutal race of savages, whom it was the

will of God should perish at the approach of civilization. If they do

not say with our Puritan fathers that these are the Hittites who are to

be driven out before the saints of the Lord, they do accept the teaching

that manifest destiny will drive the Indians from the earth. The

inexorable has no tears or pity at the cries of anguish of the doomed

race. Ahab never speaks kindly of Naboth, whom he has robbed of his

vineyard. It soothes conscience to cast mud on the character of the one

whom we have wronged.

The people have laid the causes of Indian wars at the door of the Indian

trader, the people on the border, the Indian agents, the army, and the

Department of the Interior. None of these are responsible for the Indian

wars, which have cost the United States five hundred millions of dollars

and tens of thousands of valuable lives. In the olden time the Indian

trader was the Indian's friend. The relation was one of mutual

dependence. If the trader oppressed the Indian he was in danger of

losing his debt; if the Indian refused to pay his debts, the trader must

leave the country. The factors and agents of the old fur companies tell

us that their goods were as safe in the unguarded trading-post as in the

civilized village. The pioneer settlers have had too much at stake to

excite an Indian massacre, which would overwhelm their loved ones in

ruin. The army are not responsible for Indian wars; they are "men under

authority," who go where they are sent. The men who represent the honor

of the nation have a tradition that lying is a disgrace, and that theft

forfeits character. General Crook expressed the feeling of the army when

he replied to a friend who said, "It is hard to go on such a campaign."

"Yes, it is hard; but, sir, the hardest thing is to go and fight those

whom you know are in the right." The Indian Bureau is often unable to

fulfil the treaties, because Congress has failed to make the

appropriations. If its agents are not men of the highest character, it

is largely due to the fact that we send a man to execute this difficult

trust at a remote agency, and expect him to support himself and family

on $1500 a year. The Indian Bureau represents a system which is a

blunder and a crime.

The Indian is the only human being within our territory who has no

individual right in the soil. He is not amenable to or protected by law.

The executive, the legislative, and judicial departments of the

Government recognize that he has a possessory right in the soil; but his

title is merged in the tribe—the man has no standing before the law. A

Chinese or a Hottentot would have, but the native American is left

pitiably helpless. This system grew out of our relations at the first

settlement of the country. The isolated settlements along the Atlantic

coast could not ask the Indians, who outnumbered them ten to one, to

accept the position of wards. No wise policy was adopted, with altered

circumstances, to train the Indians for citizenship. Treaties were made

of the same binding force of the constitution; but these treaties were

unfilled. It may be doubted whether one single treaty has ever been

fulfilled as it would have been if it had been made with a foreign

power. The treaty has been made as between two independent sovereigns.

Sometimes each party has been ignorant of the wishes of the other; for

the heads of both parties to the treaty have been on the interpreter's

shoulders, and he was the owned creature of corrupt men, who desired to

use the Indians as a key to unlock the nation's treasury. Pledges,

solemnly made, have been shamelessly violated. The Indian has had no

redress but war. In these wars ten white men were killed to one Indian,

and the Indians who were killed have cost the Government a hundred

thousand dollars each. Then came a new treaty, more violated faith,

another war, until we have not a hundred miles between the Atlantic and

Pacific which has not been the scene of an Indian massacre.

All this while Canada has had no Indian wars. Our Government has

expended for the Indians a hundred dollars to their one. They recognize,

as we do, that the Indian has a possessory right to the soil. They

purchase this right, as we do, by treaty; but their treaties are made

with _the Indian subjects_ of Her Majesty. They set apart a _permanent_

reservation for them; they seldom remove Indians; they select agents of

high character, who receive their appointments for life; they make fewer

promises, but they fulfil them; they give the Indians Christian

missions, which have the hearty support of Christian people, and all

their efforts are toward self-help and civilization. An incident will

illustrate the two systems. The officer of the United States Army who

was sent to receive Alaska from the Russian Government stopped in

British Columbia. Governor Douglas had heard that an Indian had been

murdered by another Indian. He visited the Indian tribe; he explained to

them that the murdered man was a subject of Her Majesty; he demanded the

culprit. The murderer was surrendered, was tried, was found guilty, and

was hanged. On reaching Alaska the officer happened to enter the Greek

church, and saw on the altar a beautiful copy of the Gospels in a costly

binding studded with jewels. He called upon the Greek bishop, and said,

"Your Grace, I called to say you had better remove that copy of the

Gospels from the church, for it may be stolen." The bishop replied, "Why

should I remove it? It was the gift of the mother of the emperor, and

has lain on the altar seventy years." The officer blushed, and said,

"There is no law in the Indian country, and I was afraid it might be

stolen." The bishop said, "The book is in God's house, and it is His

book, and I shall not take it away." The book remained. The country

became ours, and the next day the Gospel was stolen.

Our Indian wars are needless and wicked. The North American Indian is

the noblest type of a heathen man on the earth. He recognizes a Great

Spirit; he believes in immortality; he has a quick intellect; he is a

clear thinker; he is brave and fearless, and, until betrayed, he is true

to his plighted faith; he has a passionate love for his children, and

counts it joy to die for his people. Our most terrible wars have been

with the noblest types of the Indians, and with men who had been the

white man's friend. Nicolet said the Sioux were the finest type of wild

men he had ever seen. Old traders say that it used to be the boast of

the Sioux that they had never taken the life of a white man. Lewis and

Clarke, Governor Stevens, and Colonel Steptoe bore testimony to the

devoted friendship of the Nez Percés for the white man. Colonel Boone,

Colonel Bent, General Harney, and others speak in the highest praise of

the Cheyennes. The Navahoes were a semi-civilized people.

Our best friends have suffered more deeply from our neglect and violated

faith than our most bitter foes. Peaceable Indians often say, "You leave

us to suffer; if we killed your people, then you would take care of us."

Our Indian wars have not come wholly from violated faith. In time of

peace it has been our policy to establish "almshouses" to train and

educate savage paupers. We have purchased paint, beads, scalping-knives,

to deck warriors, and have fed them in idleness at the agency. Around

this agency and along the border were gathered influences to degrade the

savage, and sink him to a depth his fathers had never known. It has only

needed a real or a fancied wrong to have this pauperized savagery break

out in deeds of blood. Under President Grant a new departure was taken.

The peace policy was little more than a name. No change was made in the

Indian system; no rights of property were given; no laws were passed to

protect the Indians. The President did take the nomination of Indian

agents from politicians, who had made the office a reward for political

service. He gave the nomination of Indian agents to the executive

committees of the missionary societies of the different churches. Where

these Christian bodies established schools and missions, and the

Government cast its influence on the side of labor, it was a success.

More has been done to civilize the Indians in the past twelve years than

in any period of our history. The Indian Ring has fought the new policy

at every step; and yet, notwithstanding our Indian wars, our violated

treaties, and our wretched system, thousands of Indians, who were poor,

degraded savages, are now living as Christian, civilized men. There was

a time when it seemed impossible to secure the attention of the

Government to any wrongs done to the Indians: it is not so to-day. The

Government does listen to the friends of the Indians, and many of the

grosser forms of robbery are stopped. No permanent reform can be secured

until the heart of the people is touched. In 1862 I visited Washington,

to lay before the Administration the causes which had desolated our fair

State with the blood of those slain by Indian massacre. After pleading

in vain, and finding no redress, Secretary Stanton said to a friend,

"What does the Bishop want? If he came here to tell us that our Indian

system is a sink of iniquity, tell him we all know it. Tell him the

United States never cures a wrong until the people demand it; and when

the hearts of the people are reached the Indian will be saved." In this

book the reader will find the sad story of a century—no, not the whole

story, but the fragmentary story of isolated tribes. The author will

have her reward if it shall aid in securing justice to a noble and a

wronged race. Even with the sad experiences of the past we have not

learned justice. The Cherokees and other tribes received the Indian

Territory as a compensation and atonement for one of the darkest crimes

ever committed by a Christian nation. That territory was conveyed to

them by legislation as strong as the wit of statesmen could devise. The

fathers who conveyed this territory to the Cherokees are dead. Greedy

eyes covet the land. The plans are laid to wrest it from its rightful

owners. If this great iniquity is consummated, these Indians declare

that all hope in our justice will die out of their hearts, and that they

will defend their country with their lives.

The work of reform is a difficult one; it will cost us time, effort, and

money; it will demand the best thoughts of the best men in the country.

We shall have to regain the confidence of our Indian wards by honest

dealing and the fulfilment of our promises. Now the name of a white man

is to the Indians a synonyme for "liar." Red Cloud recently paid a visit

to the Black Hills, and was hospitably entertained by his white friends.

In bidding them good-bye he expressed the hope that, if they did not

meet again on earth, they might meet beyond the grave "in a land where

white men ceased to be liars."

Dark as the history is, there is a brighter side. No missions to the

heathen have been more blessed than those among the Indians. Thousands,

who were once wild, painted savages, finding their greatest joy in deeds

of war, are now the disciples of the Prince of Peace. There are Indian

churches with Indian congregations, in which Indian clergy are telling

the story of God's love in Jesus Christ our Saviour. Where once was only

heard the medicine-drum and the song of the scalp-dance, there is now

the bell calling Christians to prayer, and songs of praise and words of

prayer go up to heaven. The Christian home, though only a log-cabin, has

taken the place of the wigwam; and the poor, degraded Indian woman has

been changed to the Christian wife and mother. With justice, personal

rights, and the protection of law, the Gospel will do for our Red

brothers what it has done for other races—give to them homes, manhood

and freedom.

H. B. WHIPPLE, _Bishop of Minnesota_.

NEW YORK, _November 11th, 1880_.

INTRODUCTION.

The present number of Indians in the United States does not exceed three

hundred thousand, but is possibly as large now as when the Europeans

began the settlement of the North American continent. Different tribes

then existing have dwindled, and some have become extinct; but there is

reason to believe that the vast territory now occupied by the United

States, if not then a howling wilderness, was largely an unpeopled

solitude. The roaming wild men who met the new discoverers were,

however, numerous enough to make the Indian problem at the outset a

serious one, while neither its gravity nor its difficulty yet shows

signs of diminution.

The difficulty is not because the Indians are wild and savage men, for

such men have in the past history of the human race been subdued and

civilized in unnumbered instances, while the changes which in our time

have been wrought among the cannibals of the South Sea and the

barbarians of South Africa, and among the wildest and most savage of the

North American Indians themselves, show abundantly that the agencies of

civilization, ready to our hand are neither wanting nor weak.

The great difficulty with the Indian problem is not with the Indian, but

with the Government and people of the United States. Instead of a

liberal and far-sighted policy looking to the education and civilization

and possible citizenship of the Indian tribes, we have suffered these

people to remain as savages, for whose future we have had no adequate

care, and to the consideration of whose present state the Government has

only been moved when pressed by some present danger. We have encroached

upon their means of subsistence without furnishing them any proper

return; we have shut them up on reservations often notoriously unfit for

them, or, if fit, we have not hesitated to drive them off for our

profit, without regard to theirs; we have treated them sometimes as

foreign nations, with whom we have had treaties; sometimes as wards, who

are entitled to no voice in the management of their affairs; and

sometimes as subjects, from whom we have required obedience, but to whom

we have recognized no obligations. That the Government of the United

States, which has often plighted its faith to the Indian, and has broken

it as often, and, while punishing him for his crimes, has given him no

status in the courts except as a criminal, has been sadly derelict in

its duty toward him, and has reaped the whirlwind only because it has

sown the wind, is set forth in no exaggerated terms in the following

pages, and ought to be acknowledged with shame by every American

citizen.

It will be admitted now on every hand that the only solution of the

Indian problem involves the entire change of these people from a savage

to a civilized life. They are not likely to be exterminated. Unless we

ourselves withdraw from all contact with them, and leave them to roam

untrammeled over their wilds, or until the power of a Christian

civilization shall make them consciously one with us, they will not

cease to vex us.

But how shall they become civilized? Civilization is in a most important

sense a gift rather than an acquisition. Men do not gain it for

themselves, except as stimulated thereto by some incitement from above

themselves. The savage does not labor for the gratifications of

civilized life, since he does not desire these. His labors and his

desires are both dependent upon some spiritual gift, which, having

kindled him, quickens his desires and calls forth his toil. Unless he

has some help from without, some light and life from above to illumine

and inspire him, the savage remains a savage, and without this all the

blandishments of the civilization with which he might be brought into

contact could no more win him into a better state than could all the

light and warmth of the sun woo a desert into a fruitful field. When

English missionaries went to the Indians in Canada, they took with them

skilled laborers who should teach the Indians how to labor, and who, by

providing them at first with comfortable houses, and clothing, and food,

should awaken their desires and evoke their efforts to perpetuate and

increase these comforts. But the Indian would not work, and preferred

his wigwam, and skins, and raw flesh, and filth to the cleanliness and

conveniences of a civilized home; and it was only as Christian

influences taught him his inner need, and how this could be supplied,

that he was led to wish and work for the improvement of his outer

condition and habits of life. The same is true everywhere. Civilization

does not reproduce itself. It must first be kindled, and can then only

be kept alive by a power genuinely Christian.

But it is idle to attempt to carry Christian influences to any one

unless we are Christian. The first step, therefore, toward the desired

transformation of the Indian is a transformed treatment of him by

ourselves. In sober earnest, our Government needs, first of all, to be

Christian, and to treat the Indian question as Christian principles

require. This means at the outset that we should be honest, and not talk

about maintaining our rights until we are willing to fulfil our

obligations. It means that we should be kind, and quite as eager to give

the Indian what is ours as to get what is his. It means that we should

be wise, and patient, and persevering, abandoning all makeshifts and

temporary expedients, and setting it before us as our fixed aim to act

toward him as a brother, until he shall act as a brother toward us.

There is no use to attempt to teach Christian duty to him in words till

he has first seen it exemplified in our own deeds.

The true Christian principle of self-forgetful honesty and kindness,

clearly and continuously exhibited, is the first requisite of true

statesmanship in the treatment of the Indian question. This would not

require, however, the immediate entrance of the Indian upon all the

privileges of citizenship and self-direction. Christianized though he

might be, he would need for a longer or shorter time guardianship like a

child. A wise care for his own interests could not be expected of him at

the outset, and the Government should care for him with wise

forethought. Obedience to the law should be required of him, and the

protection of the law afforded him. The jurisdiction of the courts and

the presence of the Government should be felt in the Indian Territory

and upon every Indian reservation as powerfully as in the most

enlightened portions of the land. The court should go as early as the

school, if not before, and is itself an educational agency of

incalculable importance.

When the Indian, through wise and Christian treatment, becomes invested

with all the rights and duties of citizenship, his special tribal

relations will become extinct. This will not be easily nor rapidly done;

but all our policy should be shaped toward the gradual loosening of the

tribal bond, and the gradual absorption of the Indian families among the

masses of our people. This would involve the bringing to an end of the

whole system of Indian reservations, and would forbid the continued

isolation of the Indian Territory. It is not wise statesmanship to

create impassable barriers between any parts of our country or any

portions of our people.

Very difficult questions demanding very careful treatment arise in

reference to just this point. Certain Indian tribes now own certain

Indian reservations and the Indian Territory, and this right of property

ought to be most sacredly guarded. But it does not, therefore, follow

that these Indians, in their present state, ought to control the present

use of this property. They may need a long training before they are wise

enough to manage rightfully what is nevertheless rightfully their own.

This training, to which their property might fairly contribute means,

should assiduously be given in established schools with required

attendance.

If the results thus indicated shall gradually come to pass, the property

now owned by the tribes should be ultimately divided and held in

severalty by the individual members of the tribes. Such a division

should not be immediately made, and, when made, it should be with great

care and faithfulness; but the Indian himself should, as soon as may be,

feel both the incentives and the restraints which an individual

ownership of property is fitted to excite, and the Government, which is

his guardian, having educated him for this ownership, should endow him

with it. But until the Indian becomes as able as is the average white

man to manage his property for himself, the Government should manage it

for him, no matter whether he be willing or unwilling to have this done.

A difficulty arises in the cases—of which there are many—where treaties

have been made by the Government of the United States with different

Indian tribes, wherein the two parties have agreed to certain definitely

named stipulations. Such treaties have proceeded upon the false

view—false in principle, and equally false in fact—that an Indian tribe,

roaming in the wilderness and living by hunting and plunder, is a

nation. In order to be a nation, there must be a people with a code of

laws which they practise, and a government which they maintain. No vague

sense of some unwritten law, to which human nature, in its lowest

stages, doubtless feels some obligation, and no regulations

instinctively adopted for common defence, which the rudest people herded

together will always follow, are enough to constitute a nation. These

Indian tribes are not a nation, and nothing either in their history or

their condition could properly invest them with a treaty-making power.

And yet when exigencies have seemed to require, we have treated them as

nations, and have pledged our own national faith in solemn covenant with

them. It were the baldest truism to say that this faith and covenant

should be fulfilled. Of course it should be fulfilled. It is to our own

unspeakable disgrace that we have so often failed therein. But it

becomes us wisely and honestly to inquire whether the spirit of these

agreements might not be falsified by their letter, and whether, in order

to give the Indian his real rights, it may not be necessary to set aside

prerogatives to which he might technically and formally lay claim. If

the Indian Territory and the Indian reservations have been given to

certain tribes as their possession forever, the sacredness of this

guarantee should not shut our eyes to the sacredness also of the real

interests of the people in whose behalf the guarantee was given. We

ought not to lose the substance in our efforts to retain the shadow; we

ought not to insist upon the _summum jus_, when this would become the

_summa injuria_.

Of course the utmost caution is needed in the application of such a

principle. To admit that a treaty with the Indians may be set aside

without the consent of the Indians themselves, is to open the door again

to the same frauds and falsehoods which have so darkly branded a

"Century of Dishonor." But our great trouble has been that we have

sought to exact justice from the Indian while exhibiting no justice to

him; and when we shall manifest that all our procedure toward him is in

truth and uprightness, we need have no fear but that both his conscience

and his judgment will in the end approve.

JULIUS H. SEELYE.

AMHERST COLLEGE, _December 10, 1880_.

AUTHOR'S NOTE.

All the quotations in this book, where the name of the authority is not

cited, are from Official Reports of the War Department or the Department

of the Interior.

The book gives, as its title indicates, only a sketch, and not a

history.

To write in full the history of any one of these Indian communities, of

its forced migrations, wars, and miseries, would fill a volume by

itself.

The history of the missionary labors of the different churches among the

Indians would make another volume. It is the one bright spot on the dark

record.

All this I have been forced to leave untouched, in strict adherence to

my object, which has been simply to show our causes for national shame

in the matter of our treatment of the Indians. It is a shame which the

American nation ought not to lie under, for the American people, as a

people, are not at heart unjust.

If there be one thing which they believe in more than any other, and

mean that every man on this continent shall have, it is "fair play." And

as soon as they fairly understand how cruelly it has been denied to the

Indian, they will rise up and demand it for him.

H. H.

A CENTURY OF DISHONOR.

CHAPTER I.

INTRODUCTORY.

The question of the honorableness of the United States' dealings with

the Indians turns largely on a much disputed and little understood

point. What was the nature of the Indians' right to the country in which

they were living when the continent of North America was discovered?

Between the theory of some sentimentalists that the Indians were the

real owners of the soil, and the theory of some politicians that they

had no right of ownership whatever in it, there are innumerable grades

and confusions of opinion. The only authority on the point must be the

view and usage as accepted by the great discovering Powers at the time

of discovery, and afterward in their disposition of the lands

discovered.

Fortunately, an honest examination of these points leaves no doubt on

the matter.

England, France, Spain, little Portugal—all quarrelling fiercely, and

fighting with each other for the biggest share in the new continent—each

claiming "sovereignty of the soil" by right of priority of discovery—all

recognized the Indians' "right of occupancy" as a right; a right

alienable in but two ways, either by purchase or by conquest.

All their discussions as to boundaries, from 1603 down to 1776,

recognized this right and this principle. They reiterated, firstly, that

discoverers had the right of sovereignty—a right in so far absolute that

the discoverer was empowered by it not only to take possession of, but

to grant, sell, and convey lands still occupied by Indians—and that for

any nation to attempt to take possession of, grant, sell, or convey any

such Indian-occupied lands while said lands were claimed by other

nations under the right of discovery, was an infringement of rights, and

just occasion of war; secondly, that all this granting, selling,

conveying was to be understood to be "subject to the Indians' right of

occupancy," which remained to be extinguished either through further

purchase or through conquest by the grantee or purchaser.

Peters, in his preface to the seventh volume of the "United States

Statutes at Large," says, "The history of America, from its discovery to

the present day, proves the universal recognition of these principles."

Each discovering Power might regulate the relations between herself and

the Indians; but as to the existence of the Indians' "right of

occupancy," there was absolute unanimity among them. That there should

have been unanimity regarding any one thing between them, is remarkable.

It is impossible for us to realize what a sudden invitation to greed and

discord lay in this fair, beautiful, unclaimed continent—eight millions

of square miles of land—more than twice the size of all Europe itself.

What a lure to-day would such another new continent prove! The fighting

over it would be as fierce now as the fighting was then, and the "right

of occupancy" of the natives would stand small chance of such unanimous

recognition as the four Great Powers then justly gave it.

Of the fairness of holding that ultimate sovereignty belonged to the

civilized discoverer, as against the savage barbarian, there is no

manner nor ground of doubt. To question this is feeble sentimentalism.

But to affirm and uphold this is not in any wise to overlook the lesser

right which remained; as good, of its kind, and to its extent, as was

the greater right to which, in the just nature of things, it was bound

to give way.

It being clear, then, that the Indians' "right of occupancy" was a right

recognized by all the great discovering Powers, acted upon by them in

all their dispositions of lands here discovered, it remains next to

inquire whether the United States Government, on taking its place among

the nations, also recognized or accepted this Indian "right of

occupancy" as an actual right. Upon this point, also, there is no doubt.

"By the treaty which concluded the War of our Revolution, Great Britain

relinquished all claims not only to the government, but to the

proprietary and territorial rights of the United States whose boundaries

were fixed in the second Article. By this treaty the powers of the

government and the right to soil which had previously been in Great

Britain passed definitely to these States. We had before taken

possession of them by declaring independence, but neither the

declaration of independence nor the treaty confirming it could give us

more than that which we before possessed, or to which Great Britain was

before entitled. It has never been doubted that either the United States

or the several States had a clear title to all the lands within the

boundary-lines described in the treaty, subject only to the Indian right

of occupancy, and that the exclusive right to extinguish that right was

vested in that government which might constitutionally exercise it."[1]

Footnote 1:

Peters, United States Statutes at Large, vol. vii.

"Subject to the Indian right of occupancy." It is noticeable how

perpetually this phrase reappears. In their desire to define, assert,

and enforce the greater right, the "right of sovereignty," the makers,

interpreters, and recorders of law did not realize, probably, how

clearly and equally they were defining, asserting, and enforcing the

lesser right, the "right of occupancy."

Probably they did not so much as dream that a time would come when even

this lesser right—this least of all rights, it would seem, which could

be claimed by, or conceded to, an aboriginal inhabitant of a country,

however savage—would be practically denied to our Indians. But if they

had foreseen such a time, they could hardly have left more explicit

testimony to meet the exigency.

"The United States have unequivocally acceded to that great and broad

rule by which its civilized inhabitants now hold this country. They hold

and assert in themselves the title by which it was acquired. They

maintain, as all others have maintained, that discovery gave an

exclusive right to extinguish the Indian title of occupancy, either by

purchase or conquest, and gave also a right to such a degree of

sovereignty as the circumstances of the people would allow them to

exercise.

"The power now possessed by the United States to grant lands resided,

while we were colonies, in the Crown or its grantees. The validity of

the titles given by either has never been questioned in our courts. It

has been exercised uniformly over territories in possession of the

Indians. The existence of this power must negative the existence of any

right which may conflict with and control it. An absolute title to lands

cannot exist at the same time in different persons or in different

governments. An absolute must be an exclusive title, or at least a title

which excludes all others not compatible with it. All our institutions

recognize the absolute title of the Crown, subject only to the Indian

right of occupancy, and recognize the absolute title of the Crown to

extinguish the right. This is incompatible with an absolute and complete

title in the Indians."[2]

Footnote 2:

Peters.

Certainly. But it is also "incompatible with an absolute and perfect

title" in the white man! Here again, in their desire to define and

enforce the greater right, by making it so clear that it included the

lesser one, they equally define and enforce the lesser right as a thing

to be included. The word "subject" is a strong participle when it is

used legally. Provisions are made in wills, "subject to" a widow's right

of dower, for instance, and the provisions cannot be carried out without

the consent of the person to whom they are thus declared to be

"subject." A title which is pronounced to be "subject to" anything or

anybody cannot be said to be absolute till that subjection is removed.

There have been some definitions and limitations by high legal authority

of the methods in which this Indian "right of occupancy" might be

extinguished even by conquest.

"The title by conquest is acquired and maintained by force. The

conqueror prescribes its limits. Humanity, however, acting on public

opinion, has established as a general rule that the conquered shall not

be wantonly oppressed, and that their condition shall remain as eligible

as is compatible with the objects of the conquest. Usually they are

incorporated with the victorious nation, and become subjects or citizens

of the government with which they are connected. *** When this

incorporation is practicable, humanity demands, and a wise policy

requires, that the rights of the conquered to property should remain

unimpaired; that the new subjects should be governed as equitably as the

old. *** When the conquest is complete, and the conquered inhabitants

can be blended with the conquerors, or safely governed as a distinct

people, public opinion, which not even the conqueror can disregard,

imposes these restraints upon him, and he cannot neglect them without

injury to his fame, and hazard to his power."[3]

Footnote 3:

Peters, United States Statutes at Large, vol. vii.

In the sadly famous case of the removal of the Cherokee tribe from

Georgia, it is recorded as the opinion of our Supreme Court that "the

Indians are acknowledged to have an unquestionable, and heretofore

unquestioned, right to the lands they occupy until that right shall be

extinguished by a voluntary cession to the Government." *** "The Indian

nations have always been considered as distinct independent political

communities, retaining their original natural rights as the undisputed

possessors of the soil, from time immemorial, with the single exception

of that imposed by irresistible power, which excluded them from

intercourse with any other European potentate than the first discoverer

of the coast of the particular region claimed; and this was a

restriction which those European potentates imposed on themselves as

well as on the Indians. The very term 'nation,' so generally applied to

them, means 'a people distinct from others.' The Constitution, by

declaring treaties already made, as well as those to be made, to be the

supreme law of the land, has adopted and sanctioned the previous

treaties with the Indian nations, and consequently admits their rank

among those powers who are capable of making treaties. The words

'treaty' and 'nation' are words of our own language, selected in our

diplomatic and legislative proceedings by ourselves, having each a

definite and well understood meaning. We have applied them to Indians as

we have applied them to other nations of the earth. They are applied to

all in the same sense."[4]

Footnote 4:

Worcester _vs._ State of Georgia, 6 Peters, 515.

In another decision of the Supreme Court we find still greater emphasis

put upon the Indian right of occupancy, by stating it as a right, the

observance of which was stipulated for in treaties between the United

States and other nations.

"When the United States acquired and took possession of the Floridas,

the treaties which had been made with the Indian tribes before the

acquisition of the territory by Spain and Great Britain remained in

force over all the ceded territory, as the law which regulated the

relations with all the Indians who were parties to them, and were

binding on the United States by the obligation they had assumed by the

Louisiana treaty as a supreme law of the land.

"The treaties with Spain and England before the acquisition of Florida

by the United States, which guaranteed to the Seminole Indians their

lands, according to the right of property with which they possessed

them, were adopted by the United States, who thus became the protectors

of all the rights they (the Indians) had previously enjoyed, or could of

right enjoy, under Great Britain or Spain, as individuals or nations, by

any treaty to which the United States thus became parties in 1803. ***

"The Indian right to the lands as property was not merely of possession;

that of alienation was concomitant; both were equally secured,

protected, and guaranteed by Great Britain and Spain, subject only to

ratification and confirmation by the license, charter, or deed from the

government representing the king." ***

The laws made it necessary, when the Indians sold their lands, to have

the deeds presented to the governor for confirmation. The sales by the

Indians transferred the kind of right which they possessed; the

ratification of the sale by the governor must be regarded as a

relinquishment of the title of the Crown to the purchaser, and no

instance is known of refusal of permission to sell, or of the rejection

of an Indian sale.[5]

Footnote 5:

United States _vs._ Clark, 9 Peters, 168.

"The colonial charters, a great portion of the individual grants by the

proprietary and royal governments, and a still greater portion by the

States of the Union after the Revolution, were made for lands within the

Indian hunting-grounds. North Carolina and Virginia, to a great extent,

paid their officers and soldiers of the Revolutionary War by such

grants, and extinguished the arrears due the army by similar means. It

was one of the great resources which sustained the war, not only by

those States but by other States. The ultimate fee, encumbered with the

right of occupancy, was in the Crown previous to the Revolution, and in

the States afterward, and subject to grant. This right of occupancy was

protected by the political power, and respected by the courts until

extinguished." *** "So the Supreme Court and the State courts have

uniformly held."[6]

Footnote 6:

Clark _vs._ Smith, 13 Peters.

President Adams, in his Message of 1828, thus describes the policy of

the United States toward the Indians at that time:

"At the establishment of the Federal Government the principle was

adopted of considering them as foreign and independent powers, and also

as proprietors of lands. As independent powers, we negotiated with them

by treaties; as proprietors, we purchased of them all the land which we

could prevail on them to sell; as brethren of the human race, rude and

ignorant, we endeavored to bring them to the knowledge of religion and

letters."

Kent says: "The European nations which, respectively, established

colonies in America, assumed the ultimate dominion to be in themselves,

and claimed the exclusive right to grant a title to the soil, subject

only to the Indian right of occupancy. The natives were admitted to be

the rightful occupants of the soil, with a _legal_ as well as just claim

to retain possession of it, and to use it according to their own

discretion, though not to dispose of the soil at their own will, except

to the government claiming the right of pre-emption." *** "The United

States adopted the same principle; and their exclusive right to

extinguish the Indian title by purchase or conquest, and to grant the

soil and exercise such a degree of sovereignty as circumstances

required, has never been judicially questioned."

Kent also says, after giving the Supreme Court decision in the case of

Johnson _vs._ M'Intosh: "The same court has since been repeatedly called

upon to discuss and decide great questions concerning Indian rights and

title, and the subject has of late become exceedingly grave and

momentous, affecting the faith and the character, if not the

tranquillity and safety, of the Government of the United States."

In Gardner's "Institutes of International Law" the respective rights to

land of the Indians and the whites are thus summed up: "In our Union the

aborigines had only a possessory title, and in the original thirteen

States each owned in fee, _subject to the Indian right_, all ungranted

lands within their respective limits; and beyond the States the residue

of the ungranted lands were vested in fee in the United States, _subject

to the Indian possessory_ right, to the extent of the national limits."

Dr. Walker, in his "American Law," makes a still briefer summary: "The

American doctrine on the subject of Indian title is briefly this: The

Indians have no fee in the lands they occupy. The fee is in the

Government. They cannot, of course, aliene them either to nations or

individuals, the exclusive right of pre-emption being in the Government.

Yet they have a qualified right of occupancy which can only be

_extinguished by treaty, and upon fair compensation_; until which they

are entitled to be protected in their possession."

"Abbott's Digest," one of the very latest authorities, reiterates the

same principle: "The right of occupancy has been recognized in countless

ways, among others by many decisions of courts and opinions of

attorney-generals."

It being thus established that the Indian's "right of occupancy" in his

lands was a right recognized by all the Great Powers discovering this

continent, and accepted by them as a right necessary to be extinguished

either by purchase or conquest, and that the United States, as a nation,

has also from the beginning recognized, accepted, and acted upon this

theory, it is next in order to inquire whether the United States has

dealt honorably or dishonorably by the Indians in this matter of their

recognized "right of occupancy."

In regard to the actions of individuals there is rarely much room for

discussion whether they be honorable or dishonorable, the standard of

honor in men's conduct being, among the civilized, uniform, well

understood, and undisputed. Stealing, for instance, is everywhere held

to be dishonorable, as well as impolitic; lying, also, in all its forms;

breaking of promises and betrayals of trust are scorned even among the

most ignorant people. But when it comes to the discussion of the acts of

nations, there seems to be less clearness of conception, less uniformity

of standard of right and wrong, honor and dishonor. It is necessary,

therefore, in charging a government or nation with dishonorable conduct,

to show that its moral standard ought in nowise to differ from the moral

standard of an individual; that what is cowardly, cruel, base in a man,

is cowardly, cruel, base in a government or nation. To do this, it is

only needful to look into the history of the accepted "Law of Nations,"

from the days of the Emperor Justinian until now.

The Roman jurisconsults employed as synonymous, says Wheaton, "the two

expressions, 'jus gentium,' that law which is found among all the known

nations of the earth, and 'jus naturale,' founded on the general nature

of mankind; nevertheless, of these two forms of the same idea, the first

ought to be considered as predominant, since it as well as the 'jus

civile' was a positive law, the origin and development of which must be

sought for in history."

Nations being simply, as Vattel defines them, "societies of men united

together," it is plain that, if there be such a thing as the "law of

nature," which men as individuals are bound to obey, that law is also

obligatory on the "societies" made up of men thus "united."

Hobbes divides the law of nature into that of man and that of States,

saying, "The maxims of each of these laws are precisely the same; but as

States, once established, assume personal properties, that which is

termed the natural law when we speak of the duties of individuals is

called the law of nations when applied to whole nations or States." The

Emperor Justinian said, "The law of nations is common to the whole human

race."

Grotius draws the distinction between the law of nature and the law of

nations thus: "When several persons at different times and in various

places maintain the same thing as certain, such coincidence of sentiment

must be attributed to some general cause. Now, in the questions before

us, that cause must necessarily be one or the other of these two—either

a just consequence drawn from natural principles, or a universal

consent; the former discovers to us the law of nature, and the latter

the law of nations."

Vattel defines the "necessary law of nations" to be the "application of

the law of nature to nations." He says: "It is 'necessary,' because

nations are absolutely bound to observe it. This law contains the

precepts prescribed by the law of nature to States, on whom that law is

not less obligatory than on individuals; since States are composed of

men, their resolutions are taken by men, and the law of nations is

binding on all men, under whatever relation they act. This is the law

which Grotius, and those who follow him, call the Internal Law of

Nations, on account of its being obligatory on nations in the point of

conscience."

Vattel says again: "Nations being composed of men naturally free and

independent, and who before the establishment of civil societies lived

together in the state of nature, nations or sovereign States are to be

considered as so many free persons living together in the state of

nature."

And again: "Since men are naturally equal, and a perfect equality

prevails in their right and obligations as equally proceeding from

nature, nations composed of men, and considered as so many free persons

living together in the state of nature, are naturally equal, and inherit

from nature the same obligations and rights. Power or weakness does not

in this respect produce any difference. A dwarf is as much a man as a

giant; a small republic no less a sovereign State than the most powerful

kingdom."

In these two last sentences is touched the key-note of the true law of

nations, as well as of the true law for individuals—justice. There is

among some of the later writers on jurisprudence a certain fashion of

condescending speech in their quotations from Vattel. As years have gone

on, and States have grown more powerful, and their relations more

complicated by reason of selfishness and riches, less and less has been

said about the law of nature as a component and unalterable part of the

law of nations. Fine subtleties of definition, of limitation have been

attempted. Hundreds of pages are full of apparently learned

discriminations between the parts of that law which are based on the law

of nature and the parts which are based on the consent and usage of

nations. But the two cannot be separated. No amount of legality of

phrase can do away with the inalienable truth underlying it. Wheaton and

President Woolsey to-day say, in effect, the same thing which Grotius

said in 1615, and Vattel in 1758.

Says Wheaton: "International law, as understood among civilized nations,

may be defined as consisting of those rules of conduct which reason

deduces as consonant to justice from the nature of the society existing

among independent nations."

President Woolsey says: "International law, in a wide and abstract

sense, would embrace those rules of intercourse between nations which

are deduced from their rights and moral claims; or, in other words, it

is the expression of the jural and moral relations of States to one

another.

"If international law were not made up of rules for which reasons could

be given satisfactory to man's intellectual and moral nature, if it were

not built on principles of right, it would be even less of a science

than is the code which governs the actions of polite society."

It is evident, therefore, that the one fundamental right, of which the

"law of nations" is at once the expression and the guardian, is the

right of every nation to just treatment from other nations, the right of

even the smallest republic equally with "the most powerful kingdom."

Just as the one fundamental right, of which civil law is the expression

and guardian, is the right of each individual to just treatment from

every other individual: a right indefeasible, inalienable, in nowise

lessened by weakness or strengthened by power—as majestic in the person

of "the dwarf" as in that of "the giant."

Of justice, Vattel says: "Justice is the basis of all society, the sure

bond of all commerce. ***

"All nations are under a strict obligation to cultivate justice toward

each other, to observe it scrupulously and carefully, to abstain from

anything that may violate it. ***

"The right of refusing to submit to injustice, of resisting injustice by

force if necessary, is part of the law of nature, and as such recognized

by the law of nations.

"In vain would Nature give us a right to refuse submitting to injustice,

in vain would she oblige others to be just in their dealings with us, if

we could not lawfully make use of force when they refused to discharge

this duty. The just would lie at the mercy of avarice and injustice, and

all their rights would soon become useless. From the foregoing right

arise, as two distinct branches, first, the right of a just defence,

which belongs to every nation, or the right of making war against

whoever attacks her and her rights; and this is the foundation of

defensive war. Secondly, the right to obtain justice by force, if we

cannot obtain it otherwise, or to pursue our right by force of arms.

This is the foundation of offensive war."

Justice is pledged by men to each other by means of promises or

contracts; what promises and contracts are between men, treaties are

between nations.

President Woolsey says: "A contract is one of the highest acts of human

free-will: it is the will binding itself in regard to the future, and

surrendering its right to change a certain expressed intention, so that

it becomes, morally and jurally, a wrong to act otherwise.

"National contracts are even more solemn and sacred than private ones,

on account of the great interests involved; of the deliberateness with

which the obligations are assumed; of the permanence and generality of

the obligations, measured by the national life, and including thousands

of particular cases; and of each nation's calling, under God, to be a

teacher of right to all, within and without its borders."

Vattel says: "It is a settled point in natural law that he who has made

a promise to any one has conferred upon him a real right to require the

thing promised; and, consequently, that the breach of a perfect promise

is a violation of another person's right, and as evidently an act of

injustice as it would be to rob a man of his property. ***

"There would no longer be any security, no longer any commerce between

mankind, if they did not think themselves obliged to keep faith with

each other, and to perform their promises."

It is evident that the whole weight of the recognized and accepted law

of nations is thrown on the side of justice between nation and nation,

and is the recognized and accepted standard of the obligation involved

in compacts between nation and nation.

We must look, then, among the accepted declarations of the law of

nations for the just and incontrovertible measure of the shame of

breaking national compacts, and of the wickedness of the nations that

dare to do it.

We shall go back to the earliest days of the world, and find no dissent

from, no qualification of the verdict of the infamy of such acts. Livy

says of leagues: "Leagues are such agreements as are made by the command

of the supreme power, and whereby the whole nation is made liable to the

wrath of God if they infringe it."

Grotius opens his "Admonition," in conclusion of the third book of his

famous "Rights of War and Peace," as follows: "'For it is by faith,'

saith Cicero, 'that not commonwealths only, but that grand society of

nations is maintained.' 'Take away this,' saith Aristotle, 'and all

human commerce fails.' It is, therefore, an execrable thing to break

faith on which so many lives depend. 'It is,' saith Seneca, 'the best

ornament wherewith God hath beautified the rational soul; the strongest

support of human society, which ought so much the more inviolably to be

kept by sovereign princes by how much they may sin with greater license

and impunity than other men. Wherefore take away faith, and men are more

fierce and cruel than savage beasts, whose rage all men do horribly

dread. Justice, indeed, in all other of her parts hath something that is

obscure; but that whereunto we engage our faith is of itself clear and

evident; yea, and to this very end do men pawn their faith, that in

their negotiations one with another all doubts may be taken away, and

every scruple removed. How much more, then, doth it concern kings to

keep their faith inviolate, as well for conscience' sake as in regard to

their honor and reputation, wherein consists the authority of a

kingdom.'"

Vattel says: "Treaties are no better than empty words, if nations do not

consider them as respectable engagements, as rules which are to be

inviolably observed by sovereigns, and held sacred throughout the whole

earth.

"The faith of treaties—that firm and sincere resolution, that invariable

constancy in fulfilling our engagements, of which we make profession in

a treaty—is therefore to be held sacred and inviolable between the

nations of the earth, whose safety and repose it secures; and if mankind

be not wilfully deficient in their duty to themselves, infamy must ever

be the portion of him who violates his faith. ***

"He who violates his treaties, violates at the same time the law of

nations, for he disregards the faith of treaties, that faith which the

law of nations declares sacred; and, so far as dependent on him, he

renders it vain and ineffectual. Doubly guilty, he does an injury to his

ally, and he does an injury to all nations, and inflicts a wound on the

great society of mankind. ***

"On the observance and execution of treaties," said a respectable

sovereign, "depends all the security which princes and States have with

respect to each other, and no dependence could henceforward be placed in

future conventions if the existing ones were not to be observed."

It is sometimes said, by those seeking to defend, or at least palliate,

the United States Government's repeated disregard of its treaties with

the Indians, that no Congress can be held responsible for the acts of

the Congress preceding it, or can bind the Congress following it; or, in

other words, that each Congress may, if it chooses, undo all that has

been done by previous Congresses. However true this may be of some

legislative acts, it is clearly not true, according to the principles of

international law, of treaties.

On this point Vattel says: "Since public treaties, even those of a

personal nature, concluded by a king, or by another sovereign who is

invested with sufficient power, are treaties of State, and obligatory on

the whole nation, real treaties, which were intended to subsist

independently of the person who has concluded them, are undoubtedly

binding on his successors; and the obligation which such treaties impose

on the State passes successively to all her rulers as soon as they

assume the public authority. The case is the same with respect to the

rights acquired by those treaties. They are acquired for the State, and

successively pass to her conductors."

Von Martens says: "Treaties, properly so called, are either personal or

real. They are personal when their continuation in force depends on the

person of the sovereign or his family, with whom they have been

contracted. They are real when their duration depends on the State,

independently of the person who contracts. Consequently, all treaties

between republics must be real. All treaties made for a time specified

or forever are real. ***

"This division is of the greatest importance, because real treaties

never cease to be obligatory, except in cases where all treaties become

invalid. Every successor to the sovereignty, in virtue of whatever title

he may succeed, is obliged to observe them without their being renewed

at his accession."

Wheaton says: "They (treaties) continue to bind the State, whatever

intervening changes may take place in its internal constitution or in

the persons of its rulers. The State continues the same, notwithstanding

such change, and consequently the treaty relating to national objects

remains in force so long as the nation exists as an independent State."

There is no disagreement among authorities on this point. It is also

said by some, seeking to defend or palliate the United States

Government's continuous violations of its treaties with the Indians,

that the practice of all nations has been and is to abrogate a treaty

whenever it saw good reason for doing so. This is true; but the treaties

have been done away with in one of two ways, either by a mutual and

peaceful agreement to that effect between the parties who had made

it—the treaty being considered in force until the consent of both

parties to its abrogation had been given—or by a distinct avowal on the

part of one nation of its intention no longer to abide by it, and to

take, therefore, its chances of being made war upon in consequence.

Neither of these courses has been pursued by the United States

Government in its treaty-breaking with the Indians.

Vattel says, on the dissolution of treaties: "Treaties may be dissolved

by mutual consent at the free-will of the contracting powers."

Grotius says: "If either party violate the League, the other party is

freed; because each Article of the League hath the form and virtue of a

condition."

Kent says: "The violation of any one article of a treaty is a violation

of the whole treaty. ***

"It is a principle of universal jurisprudence that a compact cannot be

rescinded by one party only, if the other party does not consent to

rescind it, and does no act to destroy it. ***

"To recommence a war by breach of the articles of peace, is deemed much

more odious than to provoke a war by some new demand or aggression; for

the latter is simply injustice, but in the former case the party is

guilty both of perfidy and injustice."

It is also said, with unanswerable irrelevancy, by some who seek to

defend or palliate the United States Government's continuous violation

of its treaties with the Indians, that it was, in the first place,

absurd to make treaties with them at all, to consider them in any sense

as treaty-making powers or nations. The logic of this assertion, made as

a justification for the breaking of several hundred treaties, concluded

at different times during the last hundred years, and broken as fast as

concluded, seems almost equal to that of the celebrated defence in the

case of the kettle, which was cracked when it was lent, whole when

returned, and, in fact, was never borrowed at all. It would be a waste

of words to reason with minds that can see in this position any shelter

for the United States Government against the accusation of perfidy in

its treaty relations with the Indians.

The statement is undoubtedly a true one, that the Indians, having been

placed in the anomalous position as tribes, of "domestic dependent

nations," and as individuals, in the still more anomalous position of

adult "wards," have not legally possessed the treaty-making power. Our

right to put them, or to consider them to be in those anomalous

positions, might be successfully disputed; but they, helpless, having

accepted such positions, did, no doubt, thereby lose their right to be

treated with as nations. Nevertheless, that is neither here nor there

now: as soon as our Government was established, it proceeded to treat

with them as nations by name and designation, and with precisely the

same forms and ratifications that it used in treating with other

nations; and it continued to treat with them as nations by name and

designation, and with continually increasing solemnity of asseveration

of good intent and good faith, for nearly a century. The robbery, the

cruelty which were done under the cloak of this hundred years of

treaty-making and treaty-breaking, are greater than can be told. Neither

mountains nor deserts stayed them; it took two seas to set their bounds.

In 1871, Congress, either ashamed of making treaties only to break them,

or grudging the time, money, and paper it wasted, passed an act to the

effect that no Indian tribe should hereafter be considered as a foreign

nation with whom the United States might contract by treaty. There seems

to have been at the time, in the minds of the men who passed this act, a

certain shadowy sense of some obligation being involved in treaties; for

they added to the act a proviso that it should not be construed as

invalidating any treaties already made. But this sense of obligation

must have been as short-lived as shadowy, and could have had no element

of shame in it, since they forthwith proceeded, unabashed, to negotiate

still more treaties with Indians, and break them; for instance, the

so-called "Brunot Treaty" with the Ute Indians in Colorado, and one with

the Crow Indians in Montana—both made in the summer of 1873. They were

called at the time "conventions" or "agreements," and not "treaties;"

but the difference is only in name.

They stated, in a succession of numbered articles, promises of payment

of moneys, and surrenders and cessions of land, by both parties; were to

be ratified by Congress before taking effect; and were understood by the

Indians agreeing to them to be as binding as if they had been called

treaties. The fact that no man's sense of justice openly revolted

against such subterfuges, under the name of agreements, is only to be

explained by the deterioration of the sense of honor in the nation. In

the days of Grotius there were men who failed to see dishonor in a trick

if profit came of it, and of such he wrote in words whose truth might

sting to-day as, no doubt, it stung then:

"Whereas there are many that think it superfluous to require that

justice from a free people or their governors which they exact daily

from private men, the ground of this error is this: because these men

respect nothing in the law but the profit that ariseth from it, which in

private persons, being single and unable to defend themselves, is plain

and evident; but for great cities, that seem to have within themselves

all things necessary for their own well-being, it doth not so plainly

appear that they have any need of that virtue called justice which

respects strangers."

These extracts from unquestioned authorities on international law prove

that we may hold nations to standards of justice and good faith as we

hold men; that the standards are the same in each case; and that a

nation that steals and lies and breaks promises, will no more be

respected or unpunished than a man who steals and lies and breaks

promises. It is possible to go still farther than this, and to show that

a nation habitually guilty of such conduct might properly be dealt with

therefore by other nations, by nations in no wise suffering on account

of her bad faith, except as all nations suffer when the interests of

human society are injured.

"The interest of human society," says Vattel, "would authorize all the

other nations to form a confederacy, in order to humble and chastise the

delinquent." *** When a nation "regards no right as sacred, the safety

of the human race requires that she should be repressed. To form and

support an unjust pretension is not only doing an injury to the party

whose interests are affected by that pretension; but to despise justice

in general is doing an injury to all nations."

The history of the United States Government's repeated violations of

faith with the Indians thus convicts us, as a nation, not only of having

outraged the principles of justice, which are the basis of international

law; and of having laid ourselves open to the accusation of both cruelty

and perfidy; but of having made ourselves liable to all punishments

which follow upon such sins—to arbitrary punishment at the hands of any

civilized nation who might see fit to call us to account, and to that

more certain natural punishment which, sooner or later, as surely comes

from evil-doing as harvests come from sown seed.

To prove all this it is only necessary to study the history of any one

of the Indian tribes. I propose to give in the following chapters merely

outline sketches of the history of a few of them, not entering more into

details than is necessary to show the repeated broken faith of the

United States Government toward them. A full history of the wrongs they

have suffered at the hands of the authorities, military and civil, and

also of the citizens of this country, it would take years to write and

volumes to hold.

There is but one hope of righting this wrong. It lies in appeal to the

heart and the conscience of the American people. What the people demand,

Congress will do. It has been—to our shame be it spoken—at the demand of

part of the people that all these wrongs have been committed, these

treaties broken, these robberies done, by the Government.

So long as there remains on our frontier one square mile of land

occupied by a weak and helpless owner, there will be a strong and

unscrupulous frontiersman ready to seize it, and a weak and unscrupulous

politician, who can be hired for a vote or for money, to back him.

The only thing that can stay this is a mighty outspoken sentiment and

purpose of the great body of the people. Right sentiment and right

purpose in a Senator here and there, and a Representative here and

there, are little more than straws which make momentary eddies, but do

not obstruct the tide. The precedents of a century's unhindered and

profitable robbery have mounted up into a very Gibraltar of defence and

shelter to those who care for nothing but safety and gain. That such

precedents should be held, and openly avowed as standards, is only one

more infamy added to the list. Were such logic employed in the case of

an individual man, how quick would all men see its enormity. Suppose

that a man had had the misfortune to be born into a family whose name

had been blackened by generations of criminals; that his father, his

grandfather, and his great-grandfather before them had lived in prisons,

and died on scaffolds, should that man say in his soul, "Go to! What is

the use? I also will commit robbery and murder, and get the same gain by

it which my family must have done?" Or shall he say in his soul, "God

help me! I will do what may be within the power of one man, and the

compass of one generation, to atone for the wickedness, and to make

clean the name of my dishonored house!"

What an opportunity for the Congress of 1880 to cover itself with a

lustre of glory, as the first to cut short our nation's record of

cruelties and perjuries! the first to attempt to redeem the name of the

United States from the stain of a century of dishonor!

A Century of Dishonor A Sketch of the United States Government's Dealings with Some of the Indian Tribes · 第 1 / 13 章