CHAPTER XXXVIII. TWO STORIES. UNWISE PURCHASES

Some one should write a book devoted to stories of Indian heroism, the

fulfilment of promises and kindred subjects. There is much material of

this character available on many of our reservations. I do not mean

folk-lore, or traditions, but stories of actual happenings, most of

which are quite unknown to the average white citizen.

During the White Earth investigation in Minnesota, I frequently joined a

group of Indians and through interpreters, Mr. John Lufkins, or Mrs.

Rose Ellis, persuaded the old men and women to relate some of their

experiences. The first story, that of Ojibwa, was told by a man bearing

the same name as the tribe. He was a famous warrior, noted for his

bravery in action against the Sioux. His friend, No-de-na-qua-um (the

Temperance Chief), also a famous warrior, had been shot through the

right lung, and proudly exhibited to us the scars in his chest and back.

The story of Ojibwa is presented as taken down at the time, without

explanations or additions, being a literal translation.

OJIBWA’S STORY

“When I was young, long ago, there were three Sioux who went into a home

and assaulted a white woman, near Fort Snelling. The white woman

screamed, and her husband ran up, took one of the three guns left

outside the door by the Indians, shot one of the Indians, and the other

two killed the white man. During this summer the soldiers tried to get

the two Sioux who did this and could not find them.

“About a year afterwards, while at war, I killed a Sioux myself, and

about the middle of the winter when we were camping at Little Rock Lake

we heard that the soldiers were coming. The soldiers came and sent for

Hole-in-the-Day, who was head chief. After he had been with them a

little while the soldiers sent for me. I went over and found them eating

dinner. As soon as I was there, they told me to eat, which I did. The

Captain sat near me. The Captain said, ‘Did you kill the Sioux?’ and I

replied, ‘I am the man.’ Then he asked me how I killed him, and I said I

used my gun.

“He said, ‘What did you put in your gun?’ I told him, ‘I put in powder

and bullet. Then I shot him and scalped him.’

“Then the Captain said, ‘I am sent to come after you.’ I said, ‘I will

go along with you.’ He said, ‘Have you made up your mind fully to go

along with me?’ I again said, ‘Yes.’

“Hole-in-the-Day then stood up and said, ‘You cannot take him until I

give my consent. I will bring him myself after the ice goes out.’

“The Captain said, ‘You are a chief and you can bring him down when

convenient.’ The Captain shook hands with me and said to

Hole-in-the-Day, ‘Bring your son down to the fort in the spring.’

Hole-in-the-Day told our hunters not to go out but to go to Fort

Snelling, and about forty of us went down there in canoes. When we got

near there, we sent a letter by the interpreter saying we would arrive

about noon the next day. When we arrived at the landing a soldier tried

to shove our canoes back. Hole-in-the-Day jumped out and kept the

soldier from hurting us and sent word to the General that we were there.

Then some officers came down and Hole-in-the-Day tore all my clothes

off, leaving me naked. Hole-in-the-Day made himself naked and painted

himself red. We walked up the hill together, the Ojibwa back of us. We

were led to the flagpole. The General came out and shook hands with us.

Hole-in-the-Day said to the General, ‘I am here. I am Hole-in-the-Day. I

promised you I would be here at this time and bring my son. I am giving

my son to you. If you want to hang him, hang him; if you wish to punish

him, do so; if you care to place him in the guardhouse, put him there. I

give him to you.’

“I did not speak.

“‘Just a minute, Hole-in-the-Day,’ said the General. ‘I’ll wait until

the Sioux arrive and you tell me then the same words in their presence.’

Then the Sioux came. The General was in the center and 400 Sioux back of

him, with head men scattered in front. Then the General said,

‘Hole-in-the-Day, speak.’ And my chief repeated the same words he had

said before. Then the General spoke to the Sioux: ‘Hole-in-the-Day is

head chief here today and he has given me his son to punish as I see fit

and I shall do so accordingly.’

“After the General said this, the Sioux head man said, ‘Turn this man

over to us and we will punish him as we see fit.’ The General said, ‘No;

he was given me to be punished.’

“Then the soldiers came up and put handcuffs on me while all the Indians

looked on. The soldiers took me to the guardhouse and put me inside.

They let me look through a small window and see what was going on.

“The Sioux would speak and then Hole-in-the-Day would answer, and they

kept at it all day long. About evening I saw the soldiers with two Sioux

on whom they had fastened balls and chains, and they led them to the

guardhouse. The guards unlocked my door and brought me down to where the

two Sioux were. We were put in the same room and guarded there. Then the

guard took me back upstairs. Then I saw the Sioux march out of the fort

and the Ojibwa stayed.

“After the Sioux were out of sight my guard came, unlocked my door, took

off the handcuffs and hung them on the wall and brought me out. He took

me to the General and when I got there the General was laughing and held

out his arm and shook hands with me.

“The General patted me on the shoulder and said, ‘Thank you, thank you.

You have helped me capture the men I wanted.’ He said, ‘If ever you get

in trouble my authority will protect you.’ He wrote a paper and sent me

to a store nearby where I was clothed Then I returned to the General,

who had me shown about the fort, and we camped all day and were guarded

by soldiers so the Sioux would not bother us. Next day a steamer

arrived. We saw the Sioux prisoners march down and get on the steamer

and go away.

“After some time we went home and reached our country safely, being

guarded part way by the soldiers.”

THE STORY OF MAH-EEN-GONCE

Mah-een-gonce, or Little Wolf, was a rather small Ojibwa Indian about

fifty years of age. He was an inmate of the Indian boarding-house at

White Earth, Minnesota, in 1909. I observed that this Indian had lost

both legs at the knee, and walked about with great difficulty. On

Sundays, he arrayed himself in his best garments and strapped to his

knees two cork legs, on the feet of which he wore laced shoes. He

managed to walk fairly well when he had on what he called his “white

man’s legs”. I asked him how he happened to lose his feet and he told me

a remarkable story of his own suffering, and sacrifice on the part of

his grandfather.

“When I was twelve years old, I happened to be in camp with my parents

near Crow-wing, Minnesota. At this place there were four large wigwams

in which lived thirty or more Indians. One of the head men called us

together and made announcement that he would move the camp to a place

called Hackensack. Some of the Indians did not wish to go there, as it

was snowing heavily and we were comfortably located. But Say-kash-e-gay,

the head man, started in one direction with the main party, and my

mother, grandmother, grandfather and myself went in another direction.

Grandfather said that game was very scarce and food short in the

Hackensack region, and that he thought he could take us to a small lake

where we would be able to pass the winter without suffering.

“You must know that this was the winter of the great blizzard in

northern Minnesota, when some people died, many suffered, and much stock

of the white people froze to death.

“As we walked along, my grandmother said she did not feel well. It grew

exceedingly cold and the wind blew very hard. We traveled along slowly,

each helping the other through the drifting snow. We came to a little

creek, and my grandfather said, ‘Let us stop here’. Near this creek, my

grandmother sank down exhausted. Grandfather broke dry wood and made a

large fire. We put grandmother by the fire and she lay down while the

rest of us moved about to warm ourselves. During the night grandmother

died and grandfather carried her over the side of a big rock and placed

her there. We passed a hard night; it was bitterly cold and the wind

howled through the trees. Grandfather said the evil spirits in the pines

were laughing at us. In the morning I felt pains in my feet and spoke to

my grandfather and said, ‘Grandpa, my feet hurt very much. There is

something the matter with them.’ He built up a big fire and helped me to

remove my leggings and we warmed them by the fire, but I could not keep

my feet near the heat, because of the pain I suffered.

“We had eaten the last of our food the previous evening. It continued to

snow and was so cold that the limbs of the trees snapped with loud

noises. My mother died of the cold about noon. After she died, we

changed our position to the side of a sheltered hill and grandpa built

another fire. All that afternoon and night it continued to snow.

Grandfather lay down about dark near the fire, and he lay partly doubled

up with his face toward the fire, and his back away from it. He put me

inside the hollow his body formed, so that the fire warmed me, and his

body protected my back from the cold. I felt that I was freezing.

Grandfather could not keep up the fire, for he began to get stiff and he

told me to throw on the wood. He held me close to him all night and

said, now and then, ‘Are you warm?’

“The snow continued to bank up all of the next day. Grandpa could not

move about, but I managed to get wood enough to keep the fire burning.

The third day we were too weak to travel. Then the sun came out, it was

a beautiful day, and we heard a bell ringing in the distance.

“Grandpa said, ‘That must be the bell of the Mission church. We can hear

it because the air is still and cold.’

“After a long silence, grandfather said, ‘My son, I cannot live. Try to

get up and save your life.’

“I replied, ‘No, I will not leave you. I will die with you.’

“‘No,’ commanded my grandfather, ‘you must go. You must not stay here.

You are too young to die.’ And he gave me his papers, for he was a chief

and had papers from Washington and a medal, and other things. I shook

hands with him and told him goodbye, and started in the direction of the

bell. I cut two sticks for canes to help hold me up, as my legs were

like wood. I was very weak and hungry. Grandfather raised his body a

little—he was half sitting up, raising himself with his hands—when I

looked back at him, he looked at me and then put his head down. I went

along slowly for some time. I heard some one singing. Then I thought

that people were calling me. About noon I was weak and sleepy and could

not go on. My legs were heavy, like logs. But it had become much warmer,

so I cut down some small bushes, made a bed and lay down, very tired.

While lying there my grandfather seemed to come and stand by me, and I

said to him, ‘Are you going along?’ and he replied, ‘Yes, yes, don’t lie

here. Get up and exert yourself like a man.’

“When I woke up it was morning and I was very stiff and cold. I had to

roll over and get my feet and legs down a hill in order to stand up. I

cut two more canes with which to hold me up. I struggled on most of that

day and in the afternoon reached some cabins of my people. They carried

me in and gave me soup and afterwards some meat chopped fine. Then my

legs began to hurt me. They rubbed them with snow but that did no good.

Oh, what pain I suffered! In a few days my feet began to decay, and they

took me to a doctor, and he cut off both my legs. For many months

afterwards I suffered tortures and wished to die.

“A few weeks later, the people went out and found my grandfather dead by

the ashes of our little fire. They also recovered the bodies of my

grandmother and my mother. If grandfather had not held me next to the

fire, and protected me with his own body that long, cold night, I, too,

would today be in the Land of the Spirits.”

UNWISE PURCHASES

The educated Indians should take a more positive stand in the matter of

protecting their more unfortunate brethren. Far be it from me to cast

reflections on these persons, but truth compels the statement that a

number who should have been foremost in safeguarding the interests of

ignorant aborigines availed themselves of close association with their

fellowmen to secure property. At White Earth, of the thirty-seven men

and women mentioned in the Government affidavits as securing lands, at

least a dozen were educated Indians. This sad fact impressed Inspector

Linnen and myself, and we often talked regarding it. The temptation on

the part of some educated Indians is to follow the example set by white

men. Let me present an illustration. In Oklahoma I met Joe B——. He

informed me that forty acres of land were enough for any Indian. I said,

“Joe, how many acres do you own?” “Oh, about 2,000.” Joe was red, as to

color, but he had the heart of the white man.

[Illustration:

CARLISLE INDIAN SCHOOL—THE CAMPUS

]

Years ago the Department of Justice began an investigation of land cases

in the State of Oklahoma. Honorable A. N. Frost acted as Special

Assistant to the Attorney General. Mr. Frost was asked to resign from

his office a short time ago. He delivered a stirring address at the Lake

Mohonk Conference this year. In this address (of which I present a part)

Mr. Frost referred to the 30,000 Oklahoma land suits before the

Department of Justice. According to his published statement, Senator

Owen is concerned in 154 of these suits. I present excerpts from Mr.

Frost’s remarks herewith.

_Lake Mohonk Conference, Wednesday evening, October 14, 1914_

* * * * *

“Immediately subsequent to the removal of the restrictions act of 1908 a

veritable Saturnalia of deed-taking from the unrestricted allottees was

carried on by the hungry land-buyers, white, red, and black. The man who

has secured a prior deed from the now unrestricted allottee had the best

chance to secure a new one, and he did so in thousands of cases. Many

such had been secured by Senator Owen of Oklahoma, or by his agents for

him. There are today pending in these bills 154 so-called cases against

him for recovery of Indian lands, most of them involving restricted

allottees and many now unrestricted.

* * * * *

“Under the law a deed taken in pursuance of an illegal contract is as

void as the illegal contract is; in the absence of a new and completely

valid consideration. If the prior deed was invalid, if it was a

violation of the restrictions against alienation imposed by an act of

Congress and therefore totally and completely void, and if that

subsequent deed was in pursuance and in furtherance of that invalid

contract, then it is my firm belief that the second deed is as totally

and absolutely invalid as the first. Involved in this proposition is

necessarily the question of adequacy of consideration. Using the Owen

unrestricted cases again solely as an illustration, I do not know

whether an adequate consideration was paid or not, though an attempt was

made to secure from him the necessary information to determine it,

without success. If such was paid, of course, in his, as in all other

cases, no further action ought to be taken by the Government. I

presented this proposition of law to the Court; the Court said, that may

be so, you may be right in the principle of law which you have stated,

but the Government itself, the allottee being unrestricted, is without

any power to bring a suit on his behalf to have that second deed

cancelled. I urged upon the Department an authorization to appeal from

the decision of the Court for the reason that a remedy left to the

volition of the incompetent allottee is no remedy at all. Up to the time

of my ceasing to be connected with the work in Oklahoma, no appeal had

been authorized. I do not know why.

* * * * *

“A word in conclusion. It seems evident that there has been of late,

upon the part of the Washington departments dealing with Indian affairs,

a susceptibility to political influence in connection with Indian

matters. I want to lift my voice in emphatic protest against the

introduction of the spoils system into Indian activities. As an

illustration: Mr. Mott, than whom there was no more faithful servant of

the Indian people, and who has accomplished wonders in their behalf in

the matter of minors’ estates, was removed; he was replaced by Judge

Allen as counsel for the Creek tribe of Indians. At the time, there were

in the litigation I conducted some sixty odd cases to cancel deeds taken

by him personally, or by a company in which he was interested, from

members of the Creek tribe of which he was appointed counsel. Mr. Owen,

the United States Senator, as I have said before, is involved in some

154 cases, covering full-blood and mixed-blood lands, taken from the

Cherokee people. In charge of the litigation has been placed an official

commonly reputed to be a personal appointee of Senator Owen, the United

States attorney who was at one time himself a defendant in the suits. I

do not mean by this to imply that any one, or all of these gentlemen,

have not or will not accomplish much good for these people, but I do

wish to contend most emphatically for the utmost singleness of purpose

and freedom from all possible entanglements which might even

unconsciously warp judgment in the men selected to deal with these and

all Indian matters. I cite these illustrations, not for the purpose of

striking at anybody in high places. It is farthest from my thoughts and

I sincerely wish for them all the highest degree of success in their

efforts in behalf of the Indian. What I have said with reference to them

is true to an all too great degree among many other men of prominence in

Oklahoma. I wish to repeat that there should be selected in connection

with the litigation, in connection with all Indian affairs in the State

of Oklahoma, men absolutely free from all suspicion of influence, of any

kind, in order that their efforts and their work may be devoted, singly

and solely, to that which will benefit the Indian allottee; and in this

connection I want to say, too, that no man ever had associated with him

in public work a more loyal, efficient and devoted set of men than it

has been my privilege to have had in the years of my activity in Indian

matters in Oklahoma. I am not among those who decry the people of the

State of Oklahoma as a whole; I have lived among that people for a

period of six years; I have learned to love and respect them, and to

admire their enterprise and spirit of progress amid necessarily adverse

circumstances, not a little of which was caused by the work I was

engaged in, necessary as I believe it was.

“Arouse the citizenship of Oklahoma as you would the citizens of the

State of New York or of my own State of Massachusetts, and you will find

that it is composed of the same class and type of men, ready to respond

at once to the call of duty to suppress wrong.

“That there exists the other class is beyond question, just as it exists

elsewhere. The existence of the conditions which called forth the

litigation is proof of this; but, mark you, since the institution of

these suits, and as a consequence thereof, because of the work of the

Commissioner to the Five Civilized Tribes and the Superintendent of

Indian Affairs in the administration of their offices and in connection

with these suits, a much better feeling has existed among the citizens

of Oklahoma, and today you will find that except among such as have

heretofore taken widespread and universally of these lands and are

therefore interested personally, there are many who deprecate the wrongs

as much as you or I.

“Another wrong impression I want to attempt to correct. In consequence

of the litigation and other causes among them, too much generality in

the discussion of these matters, statements have been made that titles

in eastern Oklahoma are unsafe. Based upon my years of experience in

connection with this work, necessitating the reviewing of more titles

probably than ordinarily falls to the lot of any one man, I confidently

make the assertion that nowhere in the United States can there be found

any better titles than those in eastern Oklahoma once they have been

properly acquired.”

[Illustration:

AN OJIBWA WOMAN DYING OF CONSUMPTION

After hearing her story, I drew an affidavit containing her testimony,

to the effect that she was swindled out of $20,000 worth of

property, and left to die in poverty. Unable to sit up, she

requested that I take her hand and affix her thumb print to the

paper. The photograph was taken in a room where the light was very

poor, and it has been necessary to redraw it. March 1909, Pine

Point. Minn.

]

The American Indian in the United States, Period 1850-1914 ... The Present Condition of the American Indian; His Political History and Other Topics; A Plea for Justice · 第 30 / 32 章