United States Commissioner of Indian Affairs

“ In September,136 the Indian Office through Charles E. Mix, acting commissioner of Indian affairs in the absence of William P. Dole, who was then away on a mission to the Kansas tribes, again begged the War Department137 to look into matters so extremely urgent. National honor would of itself have dictated a policy of intervention before
Footnote 135: (return)
Secretary Cameron's reply to Secretary Smith's first request was uncompromising in the extreme and prophetic of his persistent refusal to recognize the obligation resting upon the United States to protect its defenceless "wards." ”

“ The reports asserted the existence of a state of affairs in the Indian territory 'abhorrent to the spirit of our institutions,' and declared the necessity of assumption by the United States of 'responsibility for future conditions in the territory' and the need of independent legislation by Congress in that behalf. Thus, the Senate committee on the five civilized tribes of Indians, in a report on May 7, 1894 (Sen. Rep. No. 377, 53d Cong. 2d sess.) , said in part:
'As we have said, the title to these lands is held by the tribe in trust for the people. ”

“ At times the Indians have been regarded as independent nations, with which all differences were to be settled by treaty as between equals; and again, as a body of subjects whose affairs could be and would be administered willy-nilly by the United States. Such vacillations are certain to result in trouble, especially as, needless to say, the Indians invariably considered themselves as much independent nations as England and France might consider themselves, in dealing with the United States or with one another. ”

“ The Government's responsibility to the American Indian has been acknowledged by annual increases in appropriations to fulfill its obligations to them and to hasten the time when Federal supervision of their affairs may be properly and safely terminated. The movement in Congress and in some of the State legislatures for extending responsibility in Indian affairs to States should be encouraged. A complete participation by the Indian in our economic life is the end to be desired. ”

“ The Government is too big; it is ineffective. The whole problem should be put into the hands of a Commission made up of men with hearts that are something more than pumping-stations, and who are experts in this matter. I say this without any criticism of individuals but of the system as a whole. We must get the Indian problem out of politics; we must give the Commission power to act within certain limits.
“Had we had men of heart and of vision, what might not have been done for the Indians on the White Earth Reservation? ”

“ In a Report for the protection of the Western Frontier, submitted to Congress by the Secretary of War, we have a very fair exposé of the conduct and intentions of the American Government towards the Indians. Although the Indians continue to style the President of the United States as their Great Father, yet, in this report, the Indian feeling which really exists towards the American people is honestly avowed ”

“ Under the terms of that bargain, Indian Tribes remain independent sovereigns with the exclusive power to manage their internal matters. As a corollary of that sovereignty, States have virtually no role to play when it comes to Indian affairs. To preserve this equilibrium between Tribes and States, the Constitution vests in the federal government a set of potent (but limited and enumerated) powers. In particular, the Indian Commerce Clause gives Congress a robust (but not plenary) power to regulate the ways in which non-Indians may interact with Indians. ”

“ The Commissioner may spend years in upbuilding industry among a certain band of Indians. The moment the reservation is thrown open to settlement, most of the Indians are speedily dispossessed. If he desires to protect the water rights of the Pimas and the white people living along the Gila River wash the water, all the Inspector’s reports, and all the Commissioner’s speeches, and all the Agent’s protests, are in vain. The Congressmen from any of the affected districts must agree with their constituents, else they will be defeated at the next election. ”

“ It was our business, as scouts, to be continually on the warpath against them when they committed depredations. But no scout ever hated the Indians in general.
There have been times when the Government policy toward the Indians has been unwise and unjust. That time, I trust, has passed forever. There are still many thousand Indians in the country, most of them engaged in agricultural pursuits. Indian blood has added a certain rugged strength to the characters of many of our Western citizens. At least two United States Senators are part Indian, and proud of it. ”

“ I recommend to the earnest consideration of the American people the Commission idea, as the only means of salvation of the American Indian. It will be said by critics that many of the tribes are making satisfactory progress and need no Commission; that the present organization of the Indian Office is sufficient. ”

“ After the Constitution’s ratification, the new Federal Government exercised its enumerated powers with regard to Indian tribes. To start, the Government embarked on an era of treaty-making with Indian tribes. See Cohen §1.03 [1] , at 23. That treaty-focused policy reflected the Washington administration’s view that Indian tribes were best dealt with as mostly “foreign nations,” with an eye towards peace lest frontier conflicts continue to plague the new Nation. ”

“ It is appropriate first to observe that while the United States has power to control and manage the affairs of its Indian wards in good faith for their welfare, that power is subject to constitutional limitations, and does not enable the United States without paying just compensation therefor to appropriate lands of an Indian tribe to its own use or to hand them over to others. ”

“ Some of the Indians’ statements may be denied in Washington. The Indians have always maintained that many things are told them by Commissioners which are never carried into effect. I am quite aware that 105only the written recommendations are acted upon. That is, the report of a Commission may be quite different from the Indians’ ideas or understandings of the councils and the debates. Politicians will cultivate the good will of Indians just as they cultivate voters. The politician frankly admits: “a platform is made to get in on.” ”

“ Those “Trade and Intercourse Acts” underscored the Federal Government’s new powers and worked to establish a policy of peace and trade with Indian tribes. For example, the Acts threatened criminal penalties on any U. S. citizen who entered Indian lands and there committed crimes against Indians. ”

“ The third article of the treaty of 1851 contained the following language: "The United States bind themselves to protect the aforesaid Indian nations against the commission of all depredations by the people of the United States after the ratification of this treaty." The Indians, however ignorant, did not believe that the obligations of this treaty had been complied with.
If the lands of the white man are taken, civilization justifies him in resisting the invader. Civilization does more than this: it brands him as a coward and a slave if he submits to the wrong. ”

“ But, as the majority notes, the Court’s precedents have repeatedly referred to a “plenary power” that Congress possesses over Indian affairs, as well as a general “trust” relationship with the Indians. ”

“ The failure to make allotments of land in severalty, for which surveys were commenced in 1871, has been a [Pg 260] source of much uneasiness to the Indians, and has tended to weaken their confidence in the good intentions of the government. One school is in operation on the reservation, with an attendance of twenty scholars. None of the tribes or bands at this agency have any treaty relations with the United States, unless it may be a few members of the Rogue-River band, referred to under the head of the Grand-Ronde agency. ”

“ Their petition is indorsed by the Indian Bureau and Interior Department, and though urged upon Congress last winter by all the added influence of the Board of Indian Commissioners, nothing was done. Congress has always shown more willingness to feed the Indians than to locate them. To secure progress in civilization, we must locate them—give them permanent homes, with all the motives for industry which they will inspire. ”

“ Politics is at the bottom of it all.
The agitation in Oklahoma, begun by the small coterie referred to, and, at the insistence of interested persons and newspapers, and not prevented by Congressmen from that State, has resulted in the present removal from office of the men best able to protect the Indians. Does all of this 428indicate that the Commissioner, Mr. Sells, will not protect the Indians? By no means. As I have said, he and his able assistant, Mr. Meritt, and all the officials are honorable and upright men. But they cannot stand against the wishes of Congress. ”

“ For fifty years the Indian has followed a devious and uncertain trail, in the fond hope that he might reach his journey’s end. If men and women, who through unintentional ignorance have given no heed to the welfare of our red Americans, will interest their Representatives in Congress, and also help to crystallize public opinion against further harmful legislation, it is quite possible that the National Commission plan may be carried into effect. ”

“ The Constitution, treaties, laws, and court decisions have consistently recognized a unique political relationship between tribal elected governments and the United States. We look to a future of increasing economic independence and self-sufficiency on Indian reservations, and we support efforts to foster greater Indian control of Indian resources.
May our national observance of this truly special week in tribute to American Indians inspire us to seek a deeper understanding of our past and a wider hope for the future we must walk together in this great and bounteous land. ”

“ Not only does the Constitution expressly authorize Congress to regulate commerce with the Indian tribes, but long continued legislative and executive usage and an unbroken current of judicial decisions have attributed to the United States as a superior and civilized nation the power and the duty of exercising a fostering care and protection over all dependent Indian communities within its borders, whether within its original territory or territory subsequently acquired, and whether within or without the limits of a state. ”

“ The Indian must be made to see the practical advantage to himself of his work, and feel that he reaps the full benefit of it. Everything should teach him that he has a home, not only in common with his tribe, but a hearth-stone of his own around which he can gather his family, and in its possession be entirely secure and independent.
The Commissioner's recommendations for the allotments of lands to Indians in severalty—such allotments to be inalienable for a term of years—must ultimately be adopted, and I warmly favor its consideration. ”

“ For the rest, it will be seen that the United States have, without much order or comprehension, but with a vast amount of good-will, undertaken enterprises involving considerable annual expenditures for the advancement of individual tribes and bands, but that the true permanent scheme for the management and instruction of the whole body of Indians within the control of the government is yet to be created. ”