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EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 9/8/2016 7:23 PM via RASMUSSEN COLLEGE AN: 400923 ; Jackson, Helen Hunt, Seelye, Julius H., Whipple, Henry Benjamin.; A Century of Dishonor : A Sketch of the United States Government's Dealings with Some of the Indian Tribes Account: s9076023

A CENTURY OF DISHONOR

Co py ri gh t © 1 88 9. D ig it al S ca nn in g In c. A ll r ig ht s re se rv ed . Ma y no t be r ep ro du ce d in a ny f or m wi th ou t pe rm is si on f ro m th e pu bl is he r, e xc ep t fa ir u se s pe rm it te d un de r

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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

T H E N E E D S O F T H E M I S S I O N I N D I A N S O F C A L I F O R N I A

N E W E D I T I O N , E N L A R G E D B Y T H E A D D I T I O N O F T H E R E P O R T O F

B O S T O N

R O B E R T S B R O T H E R S

1889

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B y RO B E R T S B R O T H E R S

University Press: JOHN W ILSON AND S O N, CAMBRIDGE.

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A CENTURY OF DISHONOR

By Helen Jackson (H.H.)

As Published in 1885

Trade Paperback ISBN: 1-58218-288-4 Hardcover ISBN: 1-58218-289-2

eBook ISBN: 1-58218-287-6

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C O N T E N T S .

P A G E

PREFACE , BY BISHOP WHIPPLE V

INTRODUCTION , BY PRESIDENT JULIUS H. SEELYE 1

CHAPTER I. INTRODUCTORY 9

CHAPTER II. THE DELAWARES 32

CHAPTER III. T H E C H E Y E N N E S 66

CHAPTER IV. T H E N EZ P E R C É S 103

CHAPTER V. T H E S I O U X 136

CHAPTER VI. T HE PONCAS 186

CHAPTER VII. THE WINNEBAGOES 218

CHAPTER VIII.

THE CHEROKEES 257

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i v CONTENTS.

CHAPTER IX. PAGE

M ASSACRES OF INDIANS BY W HITES 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. 3 5 9

III. TESTIMONIES TO INDIAN CHARACTER 3 7 4

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 G RIEVANCES OF THE SIOUX 389

VII. LETTER FROM S ARAH W I N N E M U C C A , AN E DUCATED P A H- UT E WOMAN 395

VIII. LAWS OF THE D ELAWARE N ATION OF INDIANS 396

IX. ACCOUNT OF THE C HEROKEE WHO INVENTED THE CHEROKEE AL- P H A B E T . 4 0 4

X. PRICES PAID BY W H ITE M EN FOR SCALPS . 405

XI. EXTRACT FROM TREATY WITH CHEYENNES IN 1865 406

XII. WOOD-CUTTING BY INDIANS IN DAKOTA . 407

XIII. SEQUEL TO THE W ALLA W ALLA MASSACRE 407

XIV. AN ACCOUNT OF THE N UMBERS , LOCATION, AND SOCIAL AND IN- DUSTRIAL CONDITION OF EACH IMPORTANT T RIBE AND BAND OF INDIANS WITHIN THE UNITED STATES 411

X V . R E P O R T O N T H E C O N D I T I O N A N D N EEDS OF THE M I S S I O N INDIANS OF C ALIFORNIA 458

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P R E F A C E .

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 trea- ties, 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 re- plies 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 Puri- tan 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 in- exorable has no tears or pity at the cries of anguish of the doom- ed 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 valua- ble 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;

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vi PREFACE.

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 charac- ter. General Crook expressed the feeling of the army when he replied to a friend who said, “It is hard to go on such a cam- paign.” “Yes, it is hard; but, sir, the hardest thing is to go and fight those whom you know are in the right.” The Indian Bu- reau 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 posses- sory 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. Trea- ties were made of the same binding force of the constitution; but these treaties were unfilled. It may be doubted whether one sin- gle 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 kill-

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ed 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 hun- dred 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 Govern- ment 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 re- move 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 sub- ject 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 re- move 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 Amer- ican 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 pas- sionate love for his children, and counts it joy to die for his peo- ple. Our most terrible wars have been with the noblest types of

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viii PREFACE.

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 svstem; no rights of property were given; no laws were passed to protect the Indians. The President did take the nomination of Indian agents from politi- cians, 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 Gov- ernment 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 Gov- ernment 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

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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 re- dress, 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 jus- tice to a noble and a wronged race. Even with the sad experi- ences 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 leg- islation as strong as the wit of statesmen could devise. The fa- thers 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 syn- onyme 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 In- dians. 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 congre- gations, in which Indian clergy are telling the story of God’s love in Jesus Christ our Saviour. Where once was only heard the med- icine-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

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PREFACE.

log-cabin, has taken the place of the wigwam; and the poor, de- graded 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

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INTRODUCTION.

T HE 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 Ameri- can 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 canni- bals of the South Sea and the barbarians of South Africa, and among the wildest and most savage of the North American In- dians themselves, show abundantly that the agencies of civiliza- tion 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 educa- tion and civilization and possible citizenship of the Indian tribes, we have suffered these people to remain as savages, for whose fut- ure 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

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2 INTRODUCTION.

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 punish- ing him for his crimes, has given him no status in the courts ex- cept 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 exter- minated. 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 con- sciously 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 in- citement 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 spirit- ual 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 re- mains a savage, and without this all the blandishments of the civ- ilization 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 Eng- lish 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 in- ner need, and how this could be supplied, that he was led to wish and work for the improvement of his outer condition and habits

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INTRODUCTION. 3

of life. The same is true everywhere. Civilization does not re- produce 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 de- sired 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 per- severing, abandoning all makeshifts and temporary expedients, and setting it before us as our fixed aim to act toward him as a broth- er, 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 kind- ness, 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. Chris- tianized though he might be, he would need for a longer or short- er time guardianship like a child. A wise care for his own inter- ests could not be expected of him at the outset, and the Govern- ment 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, be- comes 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 to- ward 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

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4 INTRODUCTION.

of the Indian Territory. It is not wise statesmanship to create impassable barriers between any parts of our country or any por- tions of our people.

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 equal- ly 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 to- gether 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 trea- ty-making power.

Very difficult questions demanding very careful treatment arise in reference to just this point. Certain Indian tribes now own cer- tain 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 assid- uously 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 incen- tives and the restraints which an individual ownership of prop- erty is fitted to excite, and the Government, which is his guar- dian, 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 un- willing to have this done.

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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 preroga- tives 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 re- tain 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 up- rightness, we need have no fear but that both his conscience and his judgment will in the end approve.

J ULIUS H. SEELYE. AMHERST COLLEGE , December 10, 1880.

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AUTHOR’S NOTE.

ALL the quotations in this book, where the name of the author- ity 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 commu- nities, of its forced migrations, wars, and miseries, would fill a vol- ume 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 ad- herence 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.

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A CENTURY OF DISHONOR.

CHAPTER I.

I N T R O D U C T O R Y .

T HE 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 conti- nent 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 dis- covering 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 fierce- ly, 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

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10 A CENTURY OF DISHONOR.

1776, recognized this right and this principle. They reiter- ated, 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 con- vey 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 grant- ing, selling, conveying was to be understood to be “subject to the Indians’ right of occupancy,” which remained to be extin- guished 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 recogni- tion of these principles.”

Each discovering Power might regulate the relations be- tween 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 regard- ing any one thing between them, is remarkable. It is impos- sible 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 recogni- tion as the four Great Powers then justly gave it.

Of the fairness of holding that ultimate sovereignty be- longed to the civilized discoverer, as against the savage bar- barian, there is no manner nor ground of doubt. To question this is feeble sentimentalism. But to affirm and uphold this

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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 dis- covered, it remains next to inquire whether the United States Government, on taking its place among the nations, also recog- nized or accepted this Indian “right of occupancy” as an act- ual 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 govern- ment, but to the proprietary and territorial rights of the Unit- ed 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 defi- nitely 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.”*

“Subject to the Indian right of occupancy.” It is notice- able how perpetually this phrase reappears. In their desire to define, assert, and enforce the greater right, the “right of sov- ereignty,” the makers, interpreters, and recorders of law did not realize, probably, how clearly and equally they were defin-

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

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ing, 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 testi- mony 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 ex- tinguish 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 gran- tees. 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 can- not 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 In- dians,”*

* Peters.

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Certainly. But it is also “incompatible with an absolute and perfect title” in the white man! Here again, in their de- sire 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. Pro- visions 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 de- clared to be “subject.” A title which is pronounced to be “subject to” anything or anybody cannot be said to be abso- lute 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, act- ing on public opinion, has established as a general rule that the conquered shall not be wantonly oppressed, and that their con- dition shall remain as eligible as is compatible with the objects of the conquest. Usually they are incorporated with the vic- torious nation, and become subjects or citizens of the govern- ment with which they are connected. * * * When this incor- poration 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 con- querors, or safely governed as a distinct people, public opinion, which not even the conqueror can disregard, imposes these re- straints upon him, and he cannot neglect them without injury to his fame, and hazard to his power.”*

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

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In the sadly famous case of the removal of the Cherokee tribe from Georgia, it is recorded as the opinion of our Su- preme 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 volun- tary cession to the Government.” * * * “The Indian nations have always been considered as distinct independent political communities, retaining their original natural rights as the un- disputed 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 po- tentate than the first discoverer of the coast of the particular region claimed; and this was a restriction which those Eu- ropean 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 Constitu- tion, 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 ‘na- tion’ are words of our own language, selected in our diplo- matic 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.”*

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

* Worcester vs. State of Georgia, 6 Peters, 515.

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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 Sem- inole 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 1 8 0 3 . * * *

“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 confir- mation. The sales by the Indians transferred the kind of right which they possessed; the ratification of the sale by the gov- ernor must be regarded as a relinquishment of the title of t h e C r o w n t o t h e p u r c h a s e r , a n d n o i n s t a n c e i s k n o w n o f r e - fusal of permission to sell, or of the rejection of an Indian sale.*

“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 Revolu-

* United States vs. Clark, 9 Peters, 168.

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tion, were made for lands within the Indian hunting-grounds. North Carolina and Virginia, to a great extent, paid their of- ficers 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 extin- guished. * * * “So the Supreme Court and the State courts” have uniformly held.”*

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 prin- ciple was adopted of considering them as foreign and inde- pendent powers, and also as proprietors of lands. As inde- pendent powers, we negotiated with them by treaties; as pro- prietors, 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, es- tablished 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 govern- ment claiming the right of pre-emption.” * * * “The United States adopted the same principle; and their exclusive right to

* Clark vs. Smith, 13 Peters.

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extinguish the Indian title by purchase or conquest, and to grant the soil and exercise such a degree of sovereignty as cir- cumstances 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 ques- tions 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 respec- tive rights to land of the Indians and the whites are thus summed up: “In our Union the aborigines had only a pos- sessory 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, sub- ject 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 ex- clusive right of pre-emption being in the Government. Yet they have a qualified right of occupancy which can only be ex- tinguished 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, reiter- ates 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 occu- pancy” in his lands was a right recognized by all the Great

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Powers discovering this continent, and accepted by them as a right necessary to be extinguished either by purchase or con- quest, 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 dishonor- able, the standard of honor in men’s conduct being, among the civilized, uniform, well understood, and undisputed. Steal- ing, 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 concep- tion, less uniformity of standard of right and wrong, honor and dishonor. It is necessary, therefore, in charging a gov- ernment 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; never- theless, 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

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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 pre- cisely the same; but as States, once established, assume per- sonal 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 Jus- tinian said, “The law of nations is common to the whole hu- man 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 gen- eral cause. Now, in the questions before us, that cause must necessarily be one or the other of these two-either a just con- sequence 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 “ap- plication 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 indi- viduals; 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 natural- ly free and independent, and who before the establishment of

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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 pro- ceeding 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 obliga- tions 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 power- ful 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 juris- prudence 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 compli- cated 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

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abstract sense, would embrace those rules of intercourse be- tween 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 funda- mental 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 be-

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longs to every nation, or the right of making war against who- ever 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 prom- ises 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 com- merce 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 be- tween nation and nation, and is the recognized and accepted standard of the obligation involved in compacts between na- tion and nation.

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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 agree- ments 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 in- violably 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. Jus- tice, 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 in- violate, as well for conscience’ sake as in regard to their honor and reputation, wherein consists the authority of a king- dom.’”

Vattel says: “Treaties are no better than empty words, if nations do not consider them as respectable engagements, as

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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 de- pendent 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 man- kind. * * *

“On the observance and execution of treaties,” said a re- spectable 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 ex- isting 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 re- sponsible for the acts of the Congress preceding it, or can bind the Congress following it; or, in other words, that each Con- gress may, if it chooses, undo all that has been done by previ- ous Congresses. However true this may be of some legislative acts, it is clearly not true, according to the principles of inter- national law, of treaties.

On this point Vattel says: “Since public treaties, even those of a personal nature, concluded by a king, or by another sov- ereign who is invested with sufficient power, are treaties of State, and obligatory on the whole nation, real treaties, which

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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 per- son who contracts. Consequently, all treaties between repub- lics 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 contin- ues 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 Unit- ed 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

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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 con- tinuous 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 na- tions. 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 de- fence in the case of the kettle, which was cracked when it was lent, whole when returned, and, in fact, was never borrowed at

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all. It would be a waste of words to reason with minds that can see in this position any shelter for the United States Gov- ernment 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 “do- mestic dependent nations,” and as individuals, in the still more anomalous position of adult “wards,” have not legally pos- sessed 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 pro- ceeded 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-breakring, 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

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28 A CENTURY OF DISHONOR.

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 s u m m e r o f 1 8 7 3 . T h e y w e r e c a l l e d a t t h e t i m e “ c o n v e n - tions” or “agreements,” and not. “treaties;” but the differ- ence 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 ex- plained by the deterioration of the sense of honor in the na- tion. In the days of Grotius there were men who failed to see dishonor in a trick if profit came of it, and of such ho wrote in words whose truth might sting to-day as, no doubt, it stung then:

“Whereas there are many that think it superfluous to re- quire 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 plain- ly appear that they have any need of that virtue called jus- tice which respects strangers.”

These extracts from unquestioned authorities on internation- al 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

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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 habitu- ally guilty of such conduct might properly be dealt with there- for by other nations, by nations in nowise 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 au- thorize 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 re- quires 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 vio- lations 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 wlich, 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 follow- ing 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 to- ward 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.

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30 A CENTURY OF DISHONOR.

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 bro- ken, 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 rob- bery 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!”

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What an opportunity for the Congress of 1880 to cover it- self with a lustre of glory, as the first to cut short our nation’s record of cruelties and perjuries! the first to attempt to re- deem the name of the United States from the stain of a cen- tury of dishonor!

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CHAPTER II.

T H E D E L A W A R E S .

W HEN Hendrik Hudson anchored his ship, the Half Moon, off New York Island in 1609, the Delawares stood in great numbers on the shore to receive him, exclaiming, in their inno- cence, “Behold! the gods have come to visit us!”

More than a hundred years later, the traditions of this event were still current in the tribe. The aged Moravian missionary, Heckewelder, writing in 1818, says:

“I at one time, in April, 1787, was astonished when I heard one of their orators, a great chief of the Delawares, Pachgants- chilias by name, go over this ground, recapitulating the most extraordinary events which had before happened, and conclud- ing in these words: ‘I admit that there are good white men, but they bear no proportion to the bad; the bad must be the strongest, for they rule. They do what they please. They en- slave those who are not of their color, although created by the same Great Spirit who created them. They would make slaves of us if they could; but as they cannot do it, they kill us. There is no faith to be placed in their words. They are not like the Indians, who are only enemies while at war, and are friends in peace. They will say to an Indian, “My friend; my brother!” They will take him by the hand, and, at the same moment, destroy him. And so you’ (he was addressing himself to the Christian Indians at Gnadenhütten, Pennsylva- nia) ‘will also be treated by them before long. Remember that

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this day I have warned you to beware of such friends as these. I know the Long-knives. They are not to be trusted.’”

The original name of the Delawares was Lenni Lenape, or “original people.” They were also called by the Western tribes Wapenachki, “people at the rising of the sun.” When the name “Delawares” was given to them by the whites, they at first resented it; but being told that they, and also one of their rivers, were thus named after a great English brave—Lord De la Warre—they were much pleased, and willingly took the name. Their lands stretched from the Hudson River to the Potomac. They were a noble-spirited but gentle people; much under the control of the arrogant and all-powerful Iro- quois, who had put upon them the degradation of being called “women,” and being forced to make war or give up land at the pleasure of their masters.

During William Penn’s humane administration of the affairs of Pennsylvania, the Delawares were his most devoted friends. They called him Mignon, or Elder Brother.

“From his first arrival in their country,” says Heckewelder, “a friendship was formed between them, which was to last as long as the sun should shine, and the rivers flow with water. That friendship would undoubtedly have continued to the end of time, had their good brother always remained among them.”

In the French and Indian war of 1755 many of them fought on the side of the French against the English; and in the be- ginning of our Revolutionary war the majority of them sided with the English against us.

Most of the memorable Indian massacres which happened during this period were the result of either French or English influence. Neither nation was high-minded enough to scorn availing herself of savage allies to do bloody work which she would not have dared to risk national reputation by doing her- self. This fact is too much overlooked in the habitual esti-

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34 A CENTURY OF DISHONOR.

mates of the barbarous ferocity of the Indian character as shown by those early massacres.*

The United States’ first treaty with the Delawares was made in 1778, at Fort Pitt. The parties to it were said to be “the United States and the Delaware Nation.” It stipulates that there shall be peace, and that the troops of the United States may pass “through the country of the Delaware Nation,” upon paying the full value of any supplies they may use. It further says that, “Whereas the enemies of the United States have endeavored by every artifice to possess the Indians with an opinion that it is our design to extirpate them, and take possession of their country; to obviate such false suggestions, the United States guarantee to said nation of Delawares, and their heirs, all their territorial rights in the fullest and most ample manner as bounded by former treaties.”

The treaty also provides that, “should it for the future be found conducive for the mutual interest of both parties to in- vite any other tribes who have been friends to the interests of the United States to join the present confederation and form a State, whereof the Delaware Nation shall be the head,” it shall be done; and the Delawares shall be entitled to send a representative to Congress.†

The Delawares agreed to send all the warriors they could spare to fight for us, and that there should be peace and per- petual friendship.

At this time the rest of the Ohio tribes, most of the New York tribes, and a large part of the Delawares were in arms on the British side. When the war of the Revolution was con- cluded, they were all forced to make peace as best they could with us; and in our first treaty we provided for the reinstating in the Delaware Nation of the chiefs and headmen who had

* See Appendix, Art. X. † It is superfluous to say that these provisions were never carried out.

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made that old alliance with us; they having lost caste in their tribe for having fought on our side.

“It is agreed,” says the final Article of the treaty, “that the Delaware chiefs, Kelelamand, or Lieut.-colonel Henry, Henque Pushees, or the Big Cat, and Wicocalind, or Captain White Eyes, who took up the hatchet for the United States, and their families, shall be received into the Delaware Nation in the same situation and rank as before the war, and enjoy their due por- tions of the lands given to the Wyandotte and Delaware nations in this treaty, as fully as if they had not taken part with Amer- ica, or as any other person or persons in the said nations.”

This Captain White Eyes had adhered to our cause in spite of great opposition from the hostile part of the tribe. At one time he was threatened with a violent death if he should dare to say one word for the American cause; but by spirited ha- rangues he succeeded in keeping the enthusiasm of his own party centred around himself, and finally carrying them over to the side of the United States. Some of his speeches are on rec- ord, and are worthy to be remembered:

“If you will go out in this war,” he said to them at one time, when the band were inclined to join the British, “you shall not go without me. I have taken peace measures, it is true, with the view of saving my tribe from destruction; but if you think me in the wrong, if you give more credit to runaway vagabonds than to your own friends—to a man, to a warrior, to a Delaware—if you insist on fighting the Americans—go! and I will go with you. And I will not go like the bear-hunt- er, who sets his dogs on the animal to be beaten about with his paws, while he keeps himself at a safe distance. No; I will lead you on; I will place myself in the front; I will fall with the first of you! You can do as you choose; but as for me, I will not survive my nation. I will not live to bewail the mis- erable destruction of a brave people, who deserved, as you do, a better fate.”

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Were there many speeches made by commanders to their troops in those revolutionary days with which these words do not compare favorably?

This treaty, by which our faithful ally, Wicocalind, was re- instated in his tribal rank, was made at Fort M‘Intosh in 1785. The Wyandottes, Chippewas, and Ottawas, as well as the Delawares, joined in it. They acknowledged themselves and all their tribes to be “under the protection of the United States, and of no other sovereign whatsoever.” The United States Government reserved “the post of Detroit” and an outlying district around it; also, the post at Michilimackinac, with a surrounding district of twelve miles square, and some other reserves for trading-posts.

The Indians’ lands were comprised within lines partly indi- cated by the Cuyahoga, Big Miami, and Ohio rivers and their branches; it fronted on Lake Erie; and if “any citizen of the United States,” or “any other person not an Indian,” attempt- ed “to settle on any of the lands allotted to the Delaware and Wyandotte nations in this treaty”—the fifth Article of the treaty said—“the Indians may punish him as they please.”

Michigan, Ohio, Indiana, Pennsylvania, all are largely made up of the lands which were by this first treaty given to the Indians.

Five years later, by another treaty at Fort Harmar, the pro- visions of this treaty were reiterated, the boundaries somewhat changed and more accurately defined. The privilege of hunt- ing on all the lands reserved to the United States was prom- ised to the Indians “without hinderance or molestation, so long as they behaved themselves peaceably;” and “that nothing may interrupt the peace and harmony now established between the United States and the aforesaid nations,” it was promised in one of the articles that white men committing offences or murders on Indians should be punished in the same way as Indians committing such offences.

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