New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-12
THE INDIAN PROBLEM.


to the Secretary of the Interior asking him to give
his formal approval to the plans of certain friends
of the Indians for enabling the Poncas to bring suit
in the United States Courts for the recovery of their
lands or if he could not do so, to state the rea-
sons of his disapprOyal. Money has already
been subscribed for the purpose OF engaging
counsel to appear for the POncas, ~
in an appeal from Judge Dundys habeas
corpus decision and % in suit for the recovery
of their old reservation the Missouri River; and
Mrs. Jackson declared that if the Department will
sanction the undertaking, whatever sum is still
lacking will be furnished immediately. Secretary
Schurz replied January II. that he believed the
collection of money for these purposes to be useless"
The habeas corpus decision was in favor Of the
Poncas and, therefore they cannot appeal from it.
An appeal entered in the name of the Government
has been dropped by directions from Wash
ington. That case is therefore ended. AS to the
proposed suit for the recovery of the alton,
1.-THE Supreme Court has repeatedly decided that
an Indian tribe cannot sue the United States or
State in the Federal Courts. The decisions are clear
and uniform this point"
Mr. Schurz then went on TO say that in his opinion
the only certain way TO secure the Indians in their
possessions and to prevent their being race of
paupers and vagabonds forever was to transform
their tribal title into individual title, nalenabe
for certain period in other words, TO settle them
in severalty and give them by patent an individual
fee simple in the lands actually occupied by them;
the rest of their lands to be sold for their benefit.
Several bills designed to effect this change are be-
fore Congress- and one of them. introduced in the
Senate. January H. by Mr. Saunders. of Nebraska,
reads as follows:
4 JH to authorize Secretary Of the Interior 10 aot lands
IN sersraitg 70 indians
BE Heaacted nv The Senate and House of representa-
gsf la Uni Cd fQf
assembled. That In all cases where any tribe or
band OF Indians has been, or shall hereafter be-
located upon any reservation created for their use,
either by treaty stipulation or by virtue OF an act OF
Congress, or Executive order setting apart the same
use the Secretary OF the Interior be, and he
hereby is authorized, whenever IN bis opinion the oca
ton Of such indians is advantageous agricultural
and grazing purposes aOt the lands in said reserya
ton seyeralty TO the Indians located thereon, IN
quantities as specified in the treaty with said tribes
bands: ProUided, In all where provision for
the allotment OF land Is made in the treaties, acts or
Executive orders creating or relating 10 said reseva
tons. that allOmens IN severty may be made thereon
10 each head Of a family and TO each single person
over eighteen OF age, and 10 each orphan enid
under eighteen years OF age, than 16O
70 each other person under eighteen now living, or
who may be prior the date OF the order OF The
Secretary OF the Interior directing an allotment OF the
lands embraced IN any reservation, not more IMAM
SEC 2 All alotments SET apart under the provisions
OF this shall he made upon the selection Of the
Indians heads Of families selecting for Their minor chill
dren aud the agents making aOnenis for each orphan
child, in not more thau TWO Parcels according TO the
legal surveys and IN sucn manner as TO eIp
brace the improvements OF the Indians making the
selection: Iroptded, Ihat where the improvements OF
two Indians have been made on the same legal
subdivision OF land unless they shall otherwise agree,
provisional line may De rum ulVdlng sald iaDus pc
them, and the amount 10 which each fs entitled
snail be equalzed in the assignment OF me remainder OF
See Tie aotments provided for IN this act shall be
special agents designated by the Secretary oil the
for such and the agents IN charge OF
the respective reservations on which The aotmenis 1ie
directed be made. unGer such iues ana regulations
as the secretary OF the Interior may, from time TO Tine
prcscribe aud shall be certified ny such agents 10 the
be retained the Indian Office and the OTHER to be
transmitted TO the Secretary OF the Interior iOi MS ac-
SIC L. That upon the approval OF the allot-
nents provided for in this act by the secretary
therefor in The name Of the alQttees ProVidcd,
That the title 10 an lands aeg Irra ny any ihaan
alienation lease, encumbrance. either by Voluntary
conveyance 10y the judgment Orer or decree Of any
court or subject taxation OF any character but shall
be aud remain nalienaDie and not subject tn t4Nan n,
Tor HE perOd Of tweniyonr years from the date Of the
patent. which said restriction shall be incorporated IN
SIC B. That al any time subsequent to the completion
of an a0imeuto o. land upon any reservation o. pro-
yded IN this act Secretary OF the Interior may IN
his discretion direct tie unallOted lands 10 sal rcser
vation to appraised 10y three compe cnt, DIS
Interested persons, whose CONDENSATION shali be
fixed by him, IN tracts not xc,ecmg ~ extent
eighty acres according 20 the legal subdivisions NJ
their actual cash value, Which IN no case shall be less
than one dollar and twenty-five cents per acre. and
upon the completion % said appraiser ni hc orataTy
the Interior shall be- and hereby -, auihorzed 70
offer the same Al paDhc SAFE through tD9 Ihlieu
States Land Office Tor the district IN which the
only, at not less than the appraised value OF the same
which shall N be less than one dollar 8ud
twenty-five cents acre. In tracts not exceeding one
hundred ana sky acres 10 any one person where INC
lands chic ny valuable for agricultural purpose; and
where the lands chiefly valuable tor their pine or
other valuable timber, the characterO the lands M all
be determined by the report OF the Appraisers
the same shall be sold for cash 10 the highest bidder az
herein provided in tracts OF not more than one hundred
of s character of land TO DO purchased By any one IN
dvdua notice Of such gale TO be gwen by public adyer
newspapers having general circulation In the state or
Territory where the sales are to be held ana any tract
like and like conditions at tue expiration of
one yesd a sac sau Sereaer be subject to
entity for cash only at not less than the appraised value
SEC G. The funds arising from sale OF lands,
after paying the expense OF the sppaisemcnt and sale
bonds Of the United States for the benefit of the Indians
belonging upon such reservation the interest OF which
bonds shall be distributed them annually, for Their
support education and civilization. in such manner
the secretary OF the Interior may direct
SEC z That the provisions OF this act shall not extend
to the five socaed civilized tribes in the Indian Terri
tory.
Jpon this bill Mrs. jackson furnishes the follow
ing commentary:
wish to call the attention Of the people to the man.
ner in which this bill would operate Take the case OF
one reservatOnthat of the Utcs in Colorado. for in
stance The Ute Reservation contains 1l,724.s00
acres OF land. There 1000 Utes As it is Impossible
now 10 get at the number Of "persons under
eighteen years OF age" who will be by this &C: entitled
to only eighty acres aud OF married squaws who will
not be entitled TO any, will assume for the purpose Of
this calculation that 100 acres are to be given
To each man woman and child OF the 1000 Even that
allowance would take out Of the 11724.SOO acres OF
land only 6400 900 acres it would leave 0Si 500
acres TO be Sold provided for In section D. and in
vested provided for in section 6that is, II 100000
of acres OF land, which the Government has In
than one so-caed treaty coded and renqushed to this
trbe-whieh the Government has given them every
reason believe was their own apd-which the Gov
eminent would considered itself bound to pay for
either by other by money had 1t wished
gain possession OF it'll 100000 Of acres OF this land