The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-10

for the location Of warrants and claims have been pre-
sented by several OF tho officers for the whole amount OF
fees collected The General Land Office has decided, aud
the decision has been sanctioned BY the department that
IN view OF the limitation TO maximum IN the act OF 2oth
April 1875 and the terms Of the second and third sections
OF the act ofy22d March, 1852 connection with the act
OF 1885, there is authority Of law for the ao oil
any excess over the maximum compensation for commits
sions as fixed by said act Of 1915.
The act Of 18th January 1885, authorizes repayment OF
purchase money be made from the treasury in all cases
Of SALES of lands made by the local land officers where the
unable from want OF title in ITSELF to issue
patents 70 the purchasers.
My predecessors have construed this act providing
for all where from any cause the sale
could be confirmed and the uniform practice has been
in conformity with that view Of the law.
This practice unQucstonably founded in strict JUSTICE
and have not deemed il best TO disturb il, although in
cned the opinion that strict construction OF the law
would limit its operation TO tho class Of cases spccicai
embraced therein Should any doubt be entertained OF
the preprety Of action In this particular such amenda
tory legislation respectfully recommended may be
The interesting communication which accompanies this
report the late Secretary of the Territory OF New Mexico
respecting the mineral of that distant Territory
suggests the proprety of providing for geological
thereof Is not doubted that vast quantities OF gold
and silver copper lead and iron ores are be found EN-
bedded in its soil and their discovery and development
could not fail 10 conduce TO the public prosperity.
The report of the Commissioner Of Indian Affairs fur
nshcs interesting view of peculiar people, with whom
this government holds the most complicated relations.
The members Of the Indian tribes within our limits,
while they not citizens cannot with strict propriey be
terned foreigners domestic dependent nations their
relations tothe United States resemble those Of ward to
his guardian. They look to government for protec
tion and appeal TO it for relief TO their wants" While
we negotiate treaties with them which ratified with
all the solemniy betting contract to which nations
parties, we undertake to consrue and execute their pro
visions, acknowledging responsibility but such as
may to truth, honor and justice As the limits of
civilization have been extended the number of these
children Of Tire forest with whom people brought
into immediate contact is greatly increased Treaties
multiply, rights acquired, mutual Obligations arc as
sumed obedience promised on the ore part protection
to be great foreign Office conducting the correspondence
and adjusting the relations Of more than sixty interior
governments while ii at the same time charged with
the CONTROL regulation and protection of the rights OF the
individual members of these governments.
In the performance of these duties, questions pre-
scented Of the difficult character in the solution Of
which il IS almost impossible to arrive al conclusion
which shall reconcile the necessities of policy with
the requirements of the law The intercourse act Of 1884
aoapted to a condition OF affairs which longer
ists and it might he judciously modified The wide diss
marity, of the provisions Of the treaties
Gently negotiated with the several trbes-agreeing how
ever this that legislation by Congress made pre-
requisite to the full enjoyment by the Indian OF the rights
they intended to TO him-furnishes weghty
for the revision and codicaon of the laws
force and Is to be hoped that Congress will give its early
attention 10 the subject and prescribe, in comprehend
siye enactment well considered, compact and uniform
system of laws for the regulation of Indian intercourse
The Indian tribes within limits, Numbering about
three hundred and twenty five thousand souls may be d
vided into three classes The first, Wild rowing, fierce
retaining all the Evolutionary characteristics which mark cd
the before the advent Of the white maneke out by
plumber the uncertain subsistence derived from the chase
To this class comprising nearly three ours of the whole
belong most the bands whose hunting grounds
he in the interior OF the continent and IN the Territories OF
Oregon and Washington These tribes comfortable
only through their fears. They are, ostensbly, our
friends because they dare not openly hostility; and
this must continue 10 be the long they retain
their rowing habits The Indian oce is poweress to eff
feet any ameoraon Of their condition until they be
induced adopt fixed habitations To the accomplish
of this preliminary step the efforts OF the Indian Blu
reau directed and II hoped that with the aid Of
the military Of the government the system of coon
cation, which has elsewhere been productive of good
may be successfully applied TO these tribes.
The tribes OF California, Utah, Texas, New Mexico,
and portion OF those in Oregon, constitute the second
class Some three years since the policy was adopted
of concentrating these Indians small reservations,
where they might be practically taught the industrial
arts and labor for their support under the immediate
pervson Of their agent. These establishments are in
fact manual labor schools large scale and gra
titled TO be able 10 state that the happies results have
followed their introduction. The two great difficulties to
be encountered in efecng the civilization OF the Indian,
are his impotence OF restraint and his labor
and these be by abstract teachings
He must be taught practically II at all the immense So.
perority OF settled rowing e and the value and
dignity Of labor This, the colonization system appears
to be accomplishing and j. certainly the most eecual
and economical plan yet devised FOR his reclamation
The Indians along the west bank Of the MIS-.
souri,, those OF Kansas, and the four great
form third class, differing in many particulars from
either OF the others Generally true and reliable they
constitute people FOR whom we Justly feel the deepest
sympathy and the greatest solicitude. The degree OF
civilization which these tribes have attained varies
greatly In different localities Some Of them stepped in
ignorance thoroughly degraded, SEEM In their contact
with our people have lost the rude virtues that cha
racerized them In savage state and acquired from civil
lization only its vices Others have rapidly advanced
socially morally and in the knowledge Of the useful arts
until they have become III 10 be recognized citizens
Here and there found whose talents, atalnmens
and integrity constitute him an ornament TO his race and,
while lie challenges admiration and respect furnishes
practical evidence Of the capacity OF the Indian for high
civilization.
when those tribes who once resided east Of
the Mississippi river induced TO eaye the
graves Of their fathers and emgrate TO the West the
Congress OF the United States gave them solemn pledge
that the country where they reside SHOULD be forever
socured and guaranteed TO them. The westward mach
Of emigration, however has overtaken the Indian, and
begins press upon him and II Is evident that
critical period in his history has been reached. To at
tempt his removal st further ives, impractcahe The
unsutcd TO his wants has no sufficient sup
ply Of wood water, and removal there would but be
the Of Fastening his bitter tate. Where he now
Is he stand and struggle for existence or his
doom scaled u he cannot adopt The HABITS AMI rise "
the level Of his white ncgbbor, he must pass away and
the necessity Of deyHing some policy which shall meet
the emergency presses sef upon the government 81 this
with peculiar force 80 far the Indians Of the
Central and Northern superntendence5 are concerned
the question Is especially embarrassing. Treaties
have within the three years been negotiated with
mot Of these tribes. By which their lands with the
ccutiou u small reservations, have been ceded 10
The United states. other treaties have been made,
ny which individual reservations have been scsured 10
the expectation that the Indian would settle down each
upon his farm, and gradually and insensbly attain
the level Of his neghbors Tnhappy for the IT
this scheme Unprecedented tide Of emigration pressed
into Kansas and Nebraska The fertility ~ the
tons greatly enhanced in value by the rapid settlement
of the country tempted alike the cupidiy Of the land
Spectator aud Of class Of settlers by no means punct
lous their respect for the right Of the Indian. The
result has been disastrous. Trespagsed upon every
where his timber SPOILED himself threatened with pcr
sona violence feeling unable cope with the superior
race that surrounded aud pressed upon him the Indian
proprietor has become dheartened Many 81 them have
abandoned their and stl more desire 20 sell
These Indians ask for patents, a. they have right
to do, for their selection. The treaties vest in
Congress the power Of providing for their Is.
suance with such guards aud restrictions may seem
advisable for their protection therein There can be M
doubt that people will succeed getting possession Of
these homes Of the Indians " Congress shall fail % act
and thus open door by which the Indians dvest
themselves Of their titles u may be Appreciated that
scrupulous will, without law obtain possession o
their lands for a trinng consideration and stand tho
chances Of ultimate title The interest Of the
requires the passage Of law regulating the alienation u
hs right 10 his land, and securing him the payment Of
I fair equivalent for the same.
For their numbers, the Of most Of these tribes
in the way Of annuity, large but experience has shown
that the system heretofore pursued ~ paying them IN
ney at stated periods has been productive Of evil rather
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