University of California Berkeley s University of California Berkeley INDIAN RIGHTS ASSOCIATION, OFFICE, No. 1305 ARCH STREET, PHILADELPHIA, February, 1889. CIVILIZATION BY REMOVAL! THE SOUTHERN UTES. BY C. C. PAINTER. There is a bill now pending in Congress to ratify a treaty with the Southern Utes of Colorado, which, if passed, will be a repetition of the oft tried, but not hitherto successful, expedient of civilizing Indians by removing them from the homes in which they are beginning to settle, because of the pressure of whites upon their lands, to other lands which do not present so great temptations to Anglo-Saxon greed. These Indians, known as the Southern Utes, consist of three bands : The Muaches, Capotes and Weeminuches, about 950 in all, occupying a Reservation in the south western part of Colorado a long, narrow strip of land 15 miles wide by 120 miles long, containing some 24,000 acres of good agricultural land which can be easily irrigated from the numerous streams flowing through it ; the remainder is excellent grazing land. After the troubles growing out of, or properly speaking, one incident of which was the Meeker massacre, in which these Utes had no part, new arrangements were made with all the Utes, under which these bands, known as the South ern Utes, occupied a part of their old, but greatly reduced, Reservation under an agreement, ratified by Congress in 1880, which entitled them to an allotment in severalty of "an abundance of good agricultural land," "with houses, wagons, agricultural implements, and stock cattle for their reasonable 1 wants;" also "such saw and gristmills as maybe necessary to enable them to commence farming operations ;" and their pro-rata share of perpetual annuities amounting to $75,000; and sufficient schools for the education of their children, in addition to the provisions of previous treaties for food and clothing. The reports of the Agents in charge of these Indians from year to year discover what has been done, and what success has been attained in carrying out the provisions of this agreement by the government. In 1881 the agent reports no schools, but an effort made to induce the Indians to send their children to Carlisle, Penn'a. ; lands examined, and surveys being made ; not enough agricultural land to give as much as had been promised. (The agreement was, in this case, that additional land on the La Plata River in New Mexico should be given them). The Denver and Rio Grande R. R., without coming to any arrangement with the Indians, as ordered by the Secretary of the Interior, made 50 miles of road through the Reservation. This, added to the fact of trespassers crowding them on every side, and talk of removing them, keeps the Indians uneasy. (The government had pledged itself to protect them against such intrusions.) In 1882 the Agent commends the good behavior of the Indians in not interfering with the running of trains on 50 miles of road built on their lands without compensation or any arrangement. No schools ; no farms opened. 1883. The Agent asked for. farming implements and seed for five Indians whom he had persuaded to open farms. $200 sent him in June, too late for the purpose. In May 4800 ewes issued to them, from which they sold 6000 Ibs. wool. No schools established. The Agent says : " They are fast adopting the customs of the whites in manner of dress. / also consider their present location well adapted for their advancement in this direction. They are surrounded by whites, with whom they are constantly thrown in contact, which has a good effect." 1884. The Agent is authorized to erect a building for a day school. Twenty-four children sent to school at Albuquerque. Supplies deficient. Indians eat up all except 1 500 of their sheep. Fifty acres of land under cultivation, and raised 1 500 bushels of wheat ; 1600 bushels of oats. The Agent says : " Under proper guidance fifty Indians will be farming next year." The Indians leased grazing lands for $10,000, but lease not sanctioned, and so their lands were grazed without pay. Whiskey traffic, trespassing upon lands, and other depredations upon Indians making trouble. 1885. A new Agent. School house built, but no authority to open school. " A few have done well in farm ing." Three hundred acres under fence, and 250 acres under cultivation. A family of six Indians brutally mur dered. Murderers not discovered, and no action taken by the State. " The prevailing sentiment is that Indians are not human." " No ground for the report circulated that the Indians were about to break out." The agent says : " The Southern Utes are no doubt making some progress toward civilization. This will be more clearly demonstrated if more of them are encouraged to engage in agriculture. Their manner of life has been essentially a nomadic one, but when they learn the benefits which they can derive from farming by their own efforts they will begin to appreciate the blessings of a permanent home. Those who are now engaged in this pursuit are fully aware of the advantages they enjoy over their more backward brethren, and many of the latter will be glad to follow their example if any encouragement is held out to them." 1886. Day school established, but not doing much. Squaws think the death of one-half of all the pupils sent to Albuquerque proof that they must not send their children to school. Fourteen farms opened; 100,000 Ibs. of grain raised, beside a large quantity of potatoes. Two hundred and fifty acres under cultivation, but Indians discouraged by lateness of spring and long continued drought. Delega- tion brought on to see if the Department will not remove them. 1887. Commissioner had paid them a visit, and found the great majority of them, and these the best of them, opposed to removal. Ten miles of irrigating ditches made in the valley of the Pinos river. Four hundred acres of rich sage-bush land plowed and divided into 2O-acre farms. Great increase of interest in farming, and a permanent farmer asked for, to teach them farming. These quotations give a fair presentation of the situation so far as the Agents in charge have furnished material. As stated above, a delegation was brought on to Washington, professedly representing the wish of the Indians to be removed out of Colorado to some other reservation to be created for them. The reasons urged were chiefly that they were surrounded by the whites who crowded in upon them, grazed their lands, and annoyed them in many ways. They had no definite idea as to where they wanted to go, or of the lands for which they asked. The Honorable Secretary of the Interior, Mr. Lamar, after hearing them state their wish, refused to favor the movement. The Honorable Commissioner, Mr. Atkins, during the next autumn, paid them a visit, and after a long investigation was satisfied that it was a movement by the whites, in which they had the co-operation of the Agent ; that a large majority of the Indians, and those the most advanced ones, were utterly opposed to it, and said that as soon as the severalty bill should become a law, he would send an Agent to allot their lands, and thus end the con troversy. He had no need to wait for this, as the agree ment made with these Indians in 1880 required that this should be done. A bill was introduced in the House, immediately after this delegation visited Washington, to create a commission to negotiate for their removal. This, when the case was explained to the Committee, was smothered in the Committee. In the first session of the 5Oth Congress, Mr. Bowen, Senator from Colorado, introduced a bill in the Senate, which was favorably reported by the Committee on Indian Affairs, of which he is a member, to accomplish this same purpose. It was said by a member of the Committee that the other members, out of courtesy, allowed him to report it, but they had reserved their right to oppose it on the floor of the Senate. Soon after this, by the same courtesy, he was allowed to engraft it, as an amendment, on a bill which had passed the House, to ratify an agreement with some Indians in Northern Montana. It thus escaped what dangers may have threatened it if standing alone as a Senate bill ; escaped the dangers of delay, and of criti cism, and opposition which it might have encountered in the House, and of a veto from the President, who could not kill it without killing also the important bill, to which it was in no wise germain but of which it had become a part. Thus shrewdly managed it became a law and the President appointed a Commission to visit and treat with these Indians for a cession of their lands, and removal to a new reservation. After a protracted effort, continuing some five months, this commission reports that they have secured the signatures of a majority of the Indians to this effect, and a bill has been prepared and submitted to Congress to ratify this Treaty, and appropriate money to carry out its provisions. According to this "Treaty," for so the Commissioners call it, although Congress decided by a formal act in 1872 that no more treaties should be made with Indians these Indians are to get a per capita payment of $50,000 in ten annual installments, with $20,000 worth of sheep, and $2000 to the five leading chiefs, and the establishment of a new Agency on the new Reservation in Utah. This Reservation will contain nearly 3,000,000 acres of land, and lies very near their present Reservation, but entirely out of Colorado, in the territory of Utah ; Colorado thus freeing herself of an Indian population. 6 The Secretary of the Interior speaks of the success of this negotiation as satisfactory. The Commissioner re commends the passage of the bill as desirable, and the Chairman of the Committee of Indian Affairs, spoke to his Committee of the good work which the Commission had accomplished as being most excellent and praiseworthy. It is to be greatly regretted that no satisfactory reasons have been as yet presented showing that for the Indian this is a consummation devoutly to be desired. Senatorial courtesy took the place of the usual report which should have given the facts justifying the recom mendation made by the Committee that the bill pass. So far as it has been made apparent the reason for this re commendation was that the Senator from Colorado must do something to satisfy his constituents in the matter, and his brother Senators gratified his wish. The proposition was then hid under the aegis of another measure with which it had no connection and, shielded by the confidence the Senate has that its Committee on Indian Affairs can do no wrong, it passed unchallenged, and thus no statement was made as to the benefits which were to ac crue to the Indian. It came before the House only as an amendment to one of its bills to which the House was asked to disagree, pro forma, that it might be settled by a committee of con ference, so that few, if any, of the members of the House had their attention called to it. No illuminating facts as to its beneficent result for the Indian were presented by any one at any stage of its passage. The report of the Commission has not come before the public as yet, but individual members have explained it to a limited public. The chief points made are : The Indians are much crowded upon by the whites where they now are, and there are no whites on the land to be given them; these people are by nature herders, and they will have given them a body of land capable of supporting vast herds of cattle or sheep ; the lands on which they now are, are wanted by the whites who would make use of them for agricultural purposes ; the lands to which they will go are only occupied by herders, chiefly English, and as these lands cannot be irrigated they will not be wanted by homesteaders. The argument is briefly this, so far as it can be gathered : When the white man wants the land on which an Indian is, he must be induced to go on to land which the white man does not want. This may be gratifying to the white man, but there does not seem to be much of civilizing uplift in it for the Indian. It will be noted that this agreement," Treaty," the Commissioners call it gives $50,000 in money to the Indians as an inducement to go. If there is a better outlook for them on these 3,000,000 acres of land than on the 1,000,000 of the old Reservation we ought not to pay such* a bonus ; it is cheating ourselves. If the money is given to equalize the land value of these two tracts, then it is bad both for the Indian and for us ; the money will soon be squandered, the Indians being what the Commissioners re present them, and then we will have to equalize the value by constant contributions for their support. They also give $2000, to the chiefs. Why this ? Has it not been our policy for some years to minimize the power and importance of chiefs as a condition of civilizing the Indian ? It is contrary to what has been settled as good policy in dealing with them. It also appears that there was doubt as to which of two men was chief, and so the Commission propose giving $250,00 to each of them. But this is not all. The Commissioners could make no start in these negotiations until they procured from the department a payment of $1300 which they called "a gratuity fund." This, if due at all, was overdue some nine months. One of the Commissioners, in announcing the consent of the Department to this demand of the Indians that this money 8 shall be paid, assured them that it was withheld because they had not sent their children to school, and, " Now, I say we have got you this money that you would not have got otherwise, and we want you to be fair with us." That is to say, what was refused to them because they did not send their children to school was paid to them, at the request of the Commission, to induce them to " deal fairly " in the matter of selling their lands. It may be that in every way it will be better for the future of these Indians that this " treaty " shall be ratified, but it is unfortunate that the reasons for this have not yet been made manifest. It would be unpardonable presump tion for one who has never compared the two reservations to assert dogmatically, in face of the statement made by the Honorable Commission, that this change will be in every way bad for the Indian. Such an one cannot sit in judgment upon their judgment as to the relative value of the two tracts of land, but certainly he may pass judgment on the methods by which the consent of the Indians has been obtained, and the legislation leading up to it, and it is neither untrue to the facts, nor an uncharitable criticism upon them, to say that there has been a revival of the most objectionable features, both of legislation and of treaty -making in the whole transac tion. When the Commissioners tell us that it is advisable to remove the Indians from good land on which they have made, under all the circumstances (if we may put any confidence in the reports of the Agents during the past eight years), encouraging beginnings, simply because there is annoyance from the whites who wish their lands, we beg leave to differ from them. When it is assumed that the near and pressing contact of civilizing life upon the Indian is bad for him, we decidedly dissent. When we are told that there are no whites upon the land to which it is proposed to remove them, we know it is not desirable land for Indians. Nothing more delusive or unfortunate could be made the basis of our action in regard to this people than the theory that we must make herders of them as the natural and necessary preliminary step to their becoming civilized citizens. Nothing more absurd could be gravely adduced as a reason for removing them from their present home, because annoyed by intruders upon it, despite the obligation of the Government under one treaty to protect them, than the assumption that they will be protected from like intrusion upon their new Reservation by a similar clause in this new treaty. This would be to give to this new treaty a sacred- ness in the eyes of cattle men, simply because it has been negotiated by this Commission, which we cannot reasonably hope for it. The simple fact seems to be that Colorado has deter mined that she will have no Indians within her borders. No matter to what place they may be taken ; no matter with what expense, for present arrangement or future support, to the general government ; no matter with what loss to the Indian, he must go. The Committee in the Senate on Indian Affairs was singularly complacent and accommodat ing. The House was ignorant of what was being done ; and the Honorable Commissioners doubtless had the pride to make a successs of their negotiations while the Sioux Commission were conspicuously making a failure of theirs, and so, after five months' negotiating, and what looks very much like bribery of the chiefs, they have presented for ratification a " treaty " which provides for the removal of these people from lands on which they could be taught to support themselves on allotted farms, to land on which the condition of their living at all is that it shall be held as tribal land. They must be nomads following tribal herds over tribal ranges, so long as they live on this new Reserva tion. That they shall be allowed undisturbed possession of it for these herds by the herders who have been occupy ing it with their flocks is the idle dream of men who have more deeply pondered the question how to succeed 10 in their negotiations, than they have the probabilities of peace. Since the above was in the hands of the printer, the re port of the Commissioners has been given to Congress, and has been published as Senate Ex. Doc. No. 67, 2d ses sion, 5