# Harper's Weekly/The Ute Treaty

From Harper's Weekly, March 27, 1880, p. 195.
THE UTE TREATY.
The treaty which Secretary Schurz has concluded with the Indians is of very great importance, and illustrates the sagacity and energy with which he deals with this most difficult question. We have not always agreed with his views, but this treaty is the first step ever taken toward a true solution of the Indian problem. It discards the signal folly of regarding the Indians as semi-nations, and treats them as individuals. Of course it is an experiment, but it is one which ought to be tried. The story of the Utes is as shameful for the United States as every other Indian story. Twelve years ago a treaty was made with them setting apart a reservation in Colorado for their “absolute and undisturbed use and occupation,” and the United States “solemnly” agreed that no invasion should be permitted. Within two years the Governor of the Territory denounced the treaty as reserving “the best agricultural, pasturing, and mining land on the continent” for savages. The reservation, despite the “solemn” agreement, was soon overrun by miners and ranch-men. Councils were held by the Indians and the Commissioners looking to the extinction of the Indian title — our traditional course after a “solemn” guarantee of perpetuity. The Commissioners said that they could not keep the people away. Ouray, the Ute chief, asked, simply, “Is not the government strong enough to keep its agreement with us?” The end was a surrender of part of the reservation, and a transfer.
This is an illustration of our Indian policy hitherto. It is one of the worst chapters in our history, and Mr. Schurz's administration of the Interior Department will be justly memorable if he effectually breaks it up. A timely and valuable manual both for the historical student and for the statesman is the work of the Hon. George W. Manypenny, formerly Commissioner of Indian Affairs, and chairman of the Sioux Commission of 1876, which is just published by Messrs. Robert Clarke & Co., Cincinnati, containing a clear and detailed account of our Indian relations from the beginning of the government down to the Ute difficulty. He calls it Our Indian Wards, and he agrees with all who are most familiar with the subject that trouble with the Indians has always proceeded from us.
The present treaty cedes the Ute reservation in Colorado which we had “solemnly” guaranteed, and settles the Indians along the La Platte River, and in Colorado, New Mexico, and Utah. The distinction of the arrangement is that the government is to give an inalienable title for twenty-five years in fee-simple to each Indian for his land, which for the same term is not taxable. There is to be an annuity paid until the Indians become self-supporting. With this last exception, they become settlers like other people. It is the abandonment of the old and vicious policy, and provides, as that did not, for the civilization of the Indians, and the disappearance of the “Indian question.” The fifteen Ute chiefs who sign the treaty expect to obtain the assent of the tribes, and with their acquiescence, and the prosperous beginning of a humane and reasonable policy, this Administration will have established another title to the respect and confidence of the country.
This work is in the public domain in the United States because it was published before January 1, 1929.
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