We have taken note of the reluctance of the American Indian to develop an organized community life, though few appreciate his reasons for preferring a simpler social ideal. As a matter of fact as well as sentiment, he was well content with his own customs and philosophy.
Nevertheless, after due protest and resistance, he has accepted the situation; and, having accepted it, he is found to be easily governed by civilized law and usages. It has been demonstrated more than once that he is capable of sustaining a high moral and social standard when placed under wise guidance and at the same time protected from the barbarians of civilization.
MODEL INDIAN COMMUNITIES
William Duncan, an Englishman, came among a band of Alaskan natives about the middle of the last century, and they formed a strong mutual attachment. The friendship of these simple people was not misplaced, and Mr. Duncan did not misuse it for his own advantage, as is too apt to be the case with a white man. He adapted himself to their temperament and sense of natural justice, but gradually led them to prefer civilized habits and industries, and finally to accept the character of Christ as their standard. He used the forms of the Church of England, but modified them as good sense dictated.
They worked together in good faith for a generation; and as a result there was founded the Christian community of Metlakatla, Alaska, almost an ideal little republic, so long as no self-seeking Anglo-Saxon interfered with its workings. The Indians became carpenters, blacksmiths, farmers, gardeners, as well as better fishermen. They established a sawmill and a salmon cannery. They built houses and boats, and finally a steamboat, which was run by one of their number. Mr.
Duncan never allowed strong drink to enter the colony; he was the only white man among a thousand Indians, and so strong was their faith in him that he was accepted as their leader both practically and spiritually.
He devoted his whole life to them, and never married. Some of the young people he sent away to the States to school: among them Edward Marsden, a many-sided man, who is not only a graduate of a small college in Ohio and of a theological seminary, but has some knowledge of law and medicine, is an able seaman, and an efficient machinist.
The Metlakatlans are not technically citizens, though discharging many civic duties. In 1887 they were compelled to leave their island on account of difficulties with the local church authorities, who were not broad enough to admit the simple sufficiency of Mr. Duncan"s lay ministrations. He removed with his people to another island, where they are now living under the protection of the United States flag. In view of the lessons of history, they are likely to undergo a severe trial and considerable demoralization as soon as they mingle freely with the surrounding whites. They have so far developed and enjoyed much of what is best in civilization without its evils and temptations; and whenever one of them does infringe upon their simple but exacting code he is summarily dealt with.
Here is another ill.u.s.tration: In 1869 those Sioux who had been for three years confined in a military prison, on account of the outbreak of 1862, were placed upon a small reservation at Santee, Nebraska. My father was among them. He had thought much, and concluded that reservation life meant practically life imprisonment and death to manhood. He also saw that our wild life was almost at an end; therefore he resolved to grasp the only chance remaining to the red man--namely, to plunge boldly into the white man"s life, and swim or die.
With twenty-five or thirty fellow-tribesmen who were of like mind with himself, he set out for the Big Sioux River to take up a homestead like a white man. Far from urging it, Government officials disapproved and discouraged this brave undertaking. The Indians selected a choice location, forty miles above what is now the beautiful little city of Sioux Falls, South Dakota, and here they established the first Sioux citizen community. The post-office was named Flandreau, and formed the nucleus of a large and flourishing town. Remember, this was six years before Sitting Bull and Crazy Horse made their last stand on the Little Big Horn, where they wiped out General Custer"s command, the Seventh Cavalry.
This remarkable Indian colony became known far and wide. The Sioux were _bona fide_ homesteaders and met all the requirements of the law. They occupied thirty miles of the finest bottom lands with their timber; except for these wooded river bottoms, the country is all treeless prairie. They were all Presbyterians and devout church-goers. Rev. John P. Williamson was their much-loved missionary; and their church was served for many years by a native pastor--my brother, Rev. John Eastman.
Nearly all built good homes. Mr. Williamson says, and Moody County records corroborate the statement, that for twenty years there was not a single crime or misdemeanor recorded against one of these Indians.
As the Big Sioux valley is noted for its fertility, it was not long before the rest of the land was taken up by white farmers. These Indians proved good neighbors. It is told of them that, during the hard years 1873 to 1875, when drought and gra.s.shoppers afflicted the land, they organized a relief society for the benefit of their poorer white neighbors, and in many instances furnished them with cordwood as well as seed-corn and potatoes.
For years the Flandreau Sioux controlled the politics of Moody County, and although after the district had become more thickly settled they lost their numerical preponderance, they still wielded much influence in years when the parties were pretty equally divided. As late as 1898 they held the balance of power, and were accordingly treated with respectful consideration.
From this little Indian community more than one earnest youth has gone forth to work for race and country in a wider field. My father brought me there from wild life in Canada in 1872, and after two years in the little day school he sent me away to master the secret of the white man"s power. Only a few years earlier he himself was a wild Sioux warrior, whose ambitions ran wholly along the traditional lines of his people. Who can say that civilization is beyond the reach of the untutored primitive man in a single generation? It did not take my father two thousand years, or ten years, to grasp its essential features; and although he never went to school a day in his life, he lived a broad-minded and self-respecting citizen. It took me about fifteen years to prepare to enter it on the plane of a professional man, and I have stayed with it ever since.
It is noticeable that when the Flandreaus consented to reenter their names on the tribal rolls in order to regain their inheritance, they fell into the claws of the professional politicians, and a degree of demoralization set in. Yet during the early period of free initiative and self-development, some of their best youth had gone out and are now lost in the world at large, in the sense that they are wholly separated from their former life, and are contributing their mite to the common good. Those who remain, as well as other bands of citizen Sioux with whom I am acquainted, are becoming more and more completely identified with the general farming population of Nebraska and the Dakotas.
LEGAL STATUS OF INDIANS
The door to American citizenship has been open to the Indian in general only since the pa.s.sage of the Dawes severalty act, in 1887. Before that date his status was variously defined as that of a member of an independent foreign nation, of a "domestic dependent nation," as a ward of the Government, or, as some one has wittily said, a "perpetual inhabitant with diminutive rights." The Dawes act conferred upon those who accepted allotments of land in severalty the protection of the courts and all the rights of citizenship, including the suffrage. It also provided that the land thus patented to the individual Indian could not be alienated nor was it taxable for a period of twenty-five years from the date of allotment.
Of the 330,000 Indians in the United States, considerably more than half are now allotted, and 70,000 hold patents in fee. The latest report of the Indian Bureau gives the total number of Indian citizens at about 75,000. Those still living on communal land are being allotted at the rate of about 5,000 a year. The question of taxation of allotments has been a vexed one. Some Indians have hesitated to accept full citizenship because of fear of taxation; while white men living in the vicinity of large Indian holdings have naturally objected to shouldering the entire burden. Yet as the last census shows 73 per cent. of all Indians as taxed and counted toward the population of their Congressional districts, it appears that taxed or taxable Indians are not necessarily citizens; though they must be considered, in the words of Prof. F. A.
McKenzie, who compiled the Indian census, as at least "potential citizens."
The so-called "Burke bill" (1906) provides that Indians allotted after that date shall not be declared citizens until after the expiration of the twenty-five-year trust period. This act has served no particular purpose except to further confuse the status of the Indian. The "Carter code bill," now pending in Congress, provides for a commission of experts to codify existing statutes and define this status clearly, and has been strongly endorsed by the Society of American Indians and the Indian Rights a.s.sociation. It ought to be made law.
There is a special law under which an Indian may apply to be freed from guardianship by proving his ability to manage his own affairs. If his application is approved by the Interior Department, he may then rent or sell his property at will. About five hundred such applications were approved during the fiscal year 1912-13.
The Pueblos and a few other Indians are or may become citizens under special treaty stipulations. The 5,000 New York Indians, although among those longest in contact with civilization, yet because of state treaties and the claims of the Ogden Land Company, still hold their lands in common, and are backward morally and socially. It is likely that the United States will eventually pay the company"s claim of $200,000 to free these people. A few of them are well educated and have attained citizenship as individuals by separating themselves from their tribe. Professor McKenzie, who has deeply studied the situation for years, proposes a scheme of progressive advance toward full citizenship, each step to be accompanied by decreasing paternal control: as, for instance: (1) Tribal ward; (2) Allotted ward; (3) Citizen ward; (4) Full citizen.
INDIANS AS POLITICIANS
In almost every state there are some Indian voters, and in South Dakota and Oklahoma there are counties officered and controlled by Indian citizens. It is interesting to note that the citizen Indian is no ignorant or indifferent voter. If he learns and masters anything at all, it is the politics of his county and state. It is a matter of long experience with him, as he has been handled by politicians ever since he entered the reservation, and there is not a political trick that he cannot understand. He is a ready student of human nature, and usually a correct observer. I am sorry to say that the tendency of the new generation is to be diplomats of a lower type, quick and smart, but not always sound. At present, like any crude or partially developed people, politics is their hobby.
Yet there remains a sprinkling of the old Indian type, which is strongly averse to all unfair or underhanded methods; and there are a few of the younger men who combine the best in both standards, and refuse to look upon the new civilization as a great, big grab-bag. It is not strange that a majority are influenced by the prevailing currents of American life. Before they understood the deeper underlying principles of organized society, they had seen what they naturally held to be high official duties and responsibilities ruthlessly bartered and trafficked with before their eyes. They did not realize that this was a period of individual graft and misuse of office for which true civilization was not responsible.
Among the thinking and advanced cla.s.s of Indians there is, after all, no real bitterness or pessimistic feeling. It has long been apparent to us that absolute distinctions cannot be maintained under the American flag.
Yet we think each race should be allowed to retain its own religion and racial codes as far as is compatible with the public good, and should enter the body politic of its own free will, and not under compulsion.
This has not been the case with the native American. Everything he stood for was labelled "heathen," "savage," and the devil"s own; and he was forced to accept modern civilization _in toto_ against his original views and wishes. The material in him and the method of his reconstruction have made him what he is. He has defied all the theories of the ethnologists. If any one can show me a fair percentage of useful men and women coming out of the jail or poor-house, I will undertake to show him a larger percentage of useful citizens graduating from the pauperizing and demoralizing agency system.
There was no real chance for the average man of my race until the last thirty-five years; and even during that time he has been under the unholy rule of the political boss and "little czar" of the Indian agency, from whose control he is not even yet entirely free. You are suffering from a civic disease, and we are affected by it. When you are cured, and not until then, we may hope to be thoroughly well men.
INHERITANCE AND OTHER FRAUDS
Here is another point of attack for the men who continually hover about the Indian like vultures above a sick or helpless man--the law providing that the allotments of deceased Indians may be sold for the benefit of their legal heirs, even though the time limit of twenty-five years protected t.i.tle may not have expired. I consider the law a just one, but the work of determining the heirs is complicated and difficult. It is only last year that Congress has appropriated $50,000 for this purpose, although forty thousand inheritance cases are now pending, and much fraud has already been accomplished.
Representative Burke has shown that the bulk of the minors and incompetent Indians in Oklahoma have been swindled out of their property by dishonest administrators and guardians. Hon. Warren K. Moorehead, of the United States Board of Indian Commissioners, who investigated the situation in that state, intimates that as many as 21,000 such cases exist there. He says the handling of estates in Oklahoma costs often from 30 to 90 per cent., whereas the average rate in thirty states is 3 per cent. "Why do not our laws prevent the robbing of Indians? Because they are not enforced," declares Mr. Moorehead, who also investigated White Earth, Minnesota, a few years ago, and uncovered a scandal of large proportions, relating to the theft of over two hundred thousand acres of valuable land, as a result of suddenly removing all restrictions on the mixed bloods at that agency, many of whom were incompetent to manage their own affairs.
Much of this graft might readily be stopped, and the ignorant Indian protected, were it not for the fact that the relationship between the shysters and certain officials is very much like that between the police of New York City and the keepers of illegal resorts. When complaint is made, big envelopes with "U. S." printed in the corner pa.s.s back and forth--and that is too often the end of it! The Sioux call the U. S.
Indian inspectors, who are supposed to discover and report abuses, "Big Cats"; but an old chief once said to me: "They ought rather to be called prairie owls, who are blind in the daytime and have rattlesnakes for their bedfellows!"
At the suggestion, I believe, of Dr. George Bird Grinnell and Hamlin Garland, an attempt was made under President Roosevelt to systematize the Indian nomenclature. The Indian in his native state bears no surname; and wife and children figuring under entirely different names from that of the head of the family, the law has been unnecessarily embarra.s.sed. I received a special appointment to revise the allotment rolls of the Sioux nation. It was my duty to group the various members of one family under a permanent name, selected for its euphony and appropriateness from among the various cognomens in use among them, of course suppressing mistranslations and grotesque or coa.r.s.e nicknames calculated to embarra.s.s the educated Indian. My instructions were that the original native name was to be given the preference, if it were short enough and easily p.r.o.nounced by Americans. If not, a translation or abbreviation might be used, while retaining as much as possible of the distinctive racial flavor. No English surname might be arbitrarily given, but such as were already well established might be retained if the owner so desired. Many such had been unwisely given to children by teachers and missionaries, and in one family I found a George Washington, a Daniel Webster, and a Patrick Henry! The task was quite complicated and there were many doubts and suspicions to overcome, as some feared lest it should be another trick to change the Indian"s name after he had been allotted, and so defraud him safely. During the seven years spent in this work, I came upon many cases of inheritance frauds.
In the face of what appear to be iron-clad rules and endless red tape, it is a problem how these things can happen without the knowledge of responsible officials!
THE INDIAN AS HIS OWN ATTORNEY
Some years since an interesting case came up at Standing Rock Agency, N.D., which ill.u.s.trates the ability of the modern Indian to manage his own affairs when he is permitted to do so. It was proposed to lease nearly the whole reservation, the occupied as well as the unoccupied portion, to two cattle companies, but in order to be legal, the consent of the Indians was necessary. An effort was made to secure their signatures, and interested parties had nearly the requisite two thirds of them fooled, when a mixed blood by the name of Louis Primeau learned of the game, and brought it to the attention of the people.
They made a strong and intelligent resistance, asked for a hearing in Washington and sent on a delegation to present their case. Immediately the agent got up a rival delegation of "good Indians," fed and clothed for the occasion, to contradict the first and declare that the people were willing to sign, all save the "kickers and trouble-makers."
My brother, the Rev. John Eastman, and I were in Washington at the time.
The Indian delegation who protested against the leases was given no show at all before the Department, because it appeared that influential Western Senators were upholding the interests of the cattle companies.
Primeau came to my brother for help; and we finally secured a hearing before the Senate Committee on Indian Affairs.
It happened to be a Democratic Senate, although a Republican President was in office; and the head of that committee was Senator Stewart of Nevada. Before him the braves fought their unequal battle to a finish.
They had their credentials and the minutes of the meeting at which they had been elected, and they stated clearly their people"s reasons for opposing the leases--reasons which were sound on the face of them. They also declared that the Indian Commissioner had sent a telegram to their agent saying that if they would not sign they would be ignored by the Department, and the leases approved without their consent, although such consent was required both by treaty and statute.
It was immediately denied by the other side that any such telegram had been sent, upon which the wily Sioux played their trump card: they produced a certified copy of the dispatch which they had obtained from the operator, and publicly handed this piece of evidence to Senator Stewart.
The Indians also consulted Judge Springer of Illinois, who, after reviewing their case, said that they could serve an injunction on both the Secretary of the Interior and Commissioner, in the District of Columbia. This they did. The officials asked for thirty days; and the Commissioner of Indian Affairs personally hastened to Standing Rock, where he gave the red men a good scolding for their audacity, at the same time telling them that no lease had been made, or would be made.
President Roosevelt then sent Dr. Grinnell, a well-known friend of the Indian, to make an independent investigation. Dr. Grinnell reported that the Walker lease was entirely opposed to the Indians" interests, and that it would not only be unwise, but wrong, to approve it. The Lemmon lease of the unoccupied portion of the reservation was afterward executed with the Indians" consent.
There are innumerable such instances, but this one is worthy of mention because of the spirit and success with which the Indians conducted their own case. Very often their property is dissipated in spite of the fact that there are men among them who fully grasp the situation. These men protest, but it is of no use. They are denounced as "insubordinate,"
"disturbers of the peace," and worthless prevaricators. Here is where national honor and the rights of a dependent people are sacrificed to the politicians. When we consider that the Indian still owns more than 70,000,000 acres of land, and trust funds stated at $48,000,000, the proceeds of ceded territory, it may be seen that this immense estate largely in the hands of "wards" and illiterate persons presents a very serious problem.
It has come to be more and more the case that the Indian, so long and so oppressively paternalized, is allowed to take a hand in his own development. This is as it should be. Many theories have been advanced concerning him; but I think we all agree that he has outgrown the present method, which now seems to r.e.t.a.r.d his progress. Yet the old machinery continues to exist in c.u.mbersome and more or less inefficient form. It is a question whether it really does much more good than harm; but it seems clear that some of the tribes still need intelligent and honest guardianship. To my mind, this machinery might be adjusted more nearly to the requirements of the present-day Indian.
Professor Moorehead has suggested the plan of putting the Indian Bureau under a commission of several men, to be appointed for long terms or for life, free of political considerations. I can scarcely conceive of wholly non-partisan appointments in this age, but length of service would be a great advantage, and it does seem to me this experiment would be worth trying. Such a commission should have full authority to deal with all Indian matters without reference to any other department. I would add that one half of its members might well be of Indian blood.