The American Missionary, Volume 34, No. 11, November 1880Various
Religion
The American Missionary, Volume 34, No. 11, November 1880
Various
Congregational churches -- Missions -- Periodicals; Home missions -- Periodicals
instance to illustrate the utter confusion which has characterized
the administration of our Indian affairs, and the absolute
impossibility for any one to be elevated by such stupidity.
My second illustration is the Indian Territory itself. A civil
government exists there, subject to Congressional dictation. Yet
Congress never had anything to do with it, and never authorized it.
Its powers have never been defined or controlled by statute. It
was a scheme of the treaty-making power of government alone. It is
an organization devised between tribes, recognized as independent,
and is to take cognizance of matters “relating to the intercourse
and relations of the Indian tribes and nations resident in said
territory and represented, but can pass no act inconsistent with
the Constitution of the United States, the laws of Congress, or
existing treaties; or any act affecting the tribal organizations,
laws, or usages.” Each tribe is independent of this so-called
legislature in all its own affairs. Each tribe has its own laws;
and its own courts, both civil and criminal, are the last resort;
and by treaty, Congress is denied the right to interfere with, or
annul, their present tribal organizations, rights, laws, privileges
and customs. Thus, if an Indian commits murder in his own tribe, he
can be brought to justice only by his own tribe. “The non-treaty
Indians can freely rob, murder, trade with each other, without
incurring responsibility to United States authority.” (Otis, page
115.) If a white man joins an Indian tribe and commits murder, who
tries him, the United States courts or the tribal? Exactly that
issue has arisen. A United States marshal was condemned because he
attempted to take forcible possession of a United States citizen,
who was also a citizen of the Cherokee nation, and who was accused
of the murder of a Cherokee squaw. Other inconsistencies might be
enumerated. Treaties have guaranteed privileges that only Congress
had the right to grant. When the United States court comes in
conflict with the treaty, then confusion and bloodshed follow, and
the absurd clumsiness of official action is hidden beneath the cry
of shocking cruelties by Indians, when they are only defending
rights guaranteed by solemn covenant.
Two other facts may be barely mentioned. Treaties have been
repeatedly solemnized which both parties knew perfectly well could
not be kept; as in the case of the covenant with the Mississippi
and other bands of Chippewas in 1855, when the treaty included a
thousand little details of moral conduct; or the treaties of 1855
and 1865 with the Indians of Oregon and Washington Territory, where
all sacredly promised to take a temperance pledge.
Public-domain text, read in full here on John Shaqi.
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