Arizona miner. [volume] (Fort Whipple, Ariz.) 1864-1868, 1867-05-18
PEONAGE-INDIAN CHILDREN.


In another column we print the act Of
Congress prohibiting peonage in New Mexico,
and in all other Territories. Gov. Mitchell
Of New Mexico, has issued a proclamation
calling attention TO the act and directing the
L. 5. District Attorney to prosecute in TIE
T. 5. District Court, by indictment, any and
all persons holding poems or other persons to
service or labor against their will and in VIC
lation Of the above recite,i law, on the infor-
nation Of persons held 10 such service or la
Dor or on the information Of any other re-
sponsible person.
1t will be remembered that, in his message
to the First Legislature of Arizona, Gov.
Goodwin called attention to the recognition
Of the system Of peonage in New Mexico,
and consequently in Arizona (as lately part
sbFosstion. This is his language;
81 say to you that the system is founded
in wrong, and will result in oppression, that
it is degrading to the dignity Of labor, and
4lebases the laboring man, it is equally a dis
grace and reproach to the peOn, and to the
other citizens Of the state whose equal by
education and a bar TO progress | recon
mend the immediate abrogation Of this sys-
TEN. and that the creditor be left TO his ac-
ton for debt, or damages for a breach Of CON
tract, and the same remedy for the collection
NJ liz .deos which is provided in other cases"
The Legislature in adopting the Code re-
jccted the system, and article %, Of the Bill
of Rights, provides that neither slavery
nor involuntary serritude, unless for the pun
ishment Of crimes, shall ever be tolerated in
the Territory
Under these facts the act Of Congress has
no particular bearing upon Arizona, and ",
do not hear that there has been any attempt
at holding poems in the Territory. The Coy
ernor has, however, caused the Congressiona
act TO be sent To the various civil officers
and has specifically enj sined them 20 repor
any violation Of il, or Of the provision of tb,
Bill of Rights.
The First Legislature, under chapter Ly
Of the Code, entitled OF the support o
poor persons, and orphan children Of Indians,
enacted A. follows
SEC. a. Any person into whose care o.
custody shall come any captive Indian chile
% a hostile tribe, or any minor Indian chill,
Of other than hostile tribes, shall. within
twenty days thereafter, produce such chile
before the Judge Of probate or a Justice o
the peace for the county, and may apply I,
such Judge or Justice 20 have such IndiaI
child bound To him until he shall arrive a
the age of twenty oae years and II female
at the age of eighteen years.
SEc. s. Snch Judge or justice shall inquir,
summarily into such application, and IL salts
aed that said minor Indian is under the age o
eighteen years, and that the person so spply
ing il suitable to have such minor, may b,
indenture bind such child to service 10 sIlci
person until he or she shall arrive at the az,
Of twenty one years and eighteen years re
spectiyefy, the said Judge or Justice deter
mining the time, upon the express conditions
chat sucb minor child shall be humanel,
treated, and properly clothed and fed during
the continuance of such indenture, and tina
the care, custody, and services Of such chilo
shall not be transGerredror changed 20 an,
other person without the consent in writin.
Of the Judge of probate first obtained for thai
purpose I; any violation of such condition,
shall be deemed forfeiture of such linden
ture.
SIC. Is. An, person having n /" inor fndiar
in his care, A. described in the two pseesdine
sections, who hall neglect tn clotbe % saita
bly, feed such minor Indian. or shall inbu
manly treat him or her, on convi, ton Thereof
shall be subject Ia fine not less than zen
dollars. az the discretion IL a court or jury ;
and the Justice IL the peace or the Judge Of
probate. in hi, discretion may place the mi
nor Indian IN the care of some other person,
giving him the same rights and liabilities
that the former master % said minor was en-
titled and subject 10.