The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-01-04
Written for the Holiday MINER
is TIE INDIAN POLICY CONSTITUTIONAL 2
BY HENRY N, BLAKE,


The discovery of the soil of the new
world, and the strange human beings
living thereon by Columbus, in 1892.
were simultaneous. From that grand
event to the present time, the just treat
ment o fthese aboriginal inhabitants by
the European governments and their
successors has been one of the most per-
publicists have labored to solve with
wisdom. The arguments respecting the
policy of any nation in this matter in the
past have been founded upon its effect
in promoting among the Indians relig-
ion, education andmorality. The action
of the United States in assuming the
relation of guardian to the Indian races
within their boundaries, has been
deemed valid, and their power over
these wards appears to have been un-
limited. The right of Congress to regu-
ulate this subject by legislation has not
been questioned, and the sole topic of
discussion has been confined to the ex-
pediency of pending measures or bills.
But the rules which are now executed
for the appointment of agents of the gen.
eral government for the Indian tribes,
compel us to enter upon a grave inves-
tigation regarding the constitutionality
of the acts of the President. This in
quiry, which ov~ershadows all other
considerations, has been ~disregarded by
those who ought to be informed con-
corning it, and it's Importance demands
a careful study.
The present Indian policy of the
United States has been enforced about
ten years, and was adopted officially on
August 10, 1870, when Hon. J. D. Cox,
the Secretary of the Interior, notified
the missionary societies to recommend
for appointment agents for the tribes
which had been apportioned among the
religious sects. They were alsoinformed
that the employees at each agency would
be selected from the denomination that
designated the agent. The object of
these proceedings are stated in an
official letter of Hon. B. r.. Cowan, the
acting Secretary of the Interior, dated
May Is, 1872, in the following extracts:
" To make each agency a unit in pur-
pose and spirit, \ 4 n Harmony
and unity of purpose should exist be-
tween the society, the agents and their
employees to the same extent as between
the society and the government and
the agent should, as far as practicable,
in all cases, recommend only such EN-
ployes as will enter fully and cheerfully
into the religious and moral training of
9 the Indian, and who are worthy and
acceptable to the missionary society
having the supervision of the agency.
The agent should X n n do his ut
most to further the missionary work
under his charge. Nor will an agent be
:. permitted to remain in office who rem
ders himself obnoxious to the society
, upon whose recommendation he was
r appointed. The agents should submit
:, to it (the society the names of all new
!, appointees before sending the nomina-
, tons here for confirmation"
, The promises of these offices on the
l part of the general government have
!, been fulfilled, and the Indian depart
. ment has been placed beyond the in.
fuence of partisans and r~evolves in a
S sectarian orbit. In this matter the
t churches are the victors and to them
i belong the spoils. Under a Republican
/ administration applicants for an Indian
: agency, who were favored by eminent
e statesmen in the Republican party have
e failed through the lack of endorsement
f by a missionary society. AT the SAM
tine some Democrats who were aided by
the prelates of a sectarian body, over
o come their political rivals in striving fol
n the privilege of entering Unto the relig
y ious and moral training of the Indian
Viewed from one standpoint, it canno
be maintained that any statute has beer
n violated in making these appointments
n because the President has nominated thu
o agents, the Senate has confirmed tn
nominations, and the commissions hav'
q issued from the appropriate depart
a ment. The employees have been recon-
mended by the agents for confirmation
by the proper officers.
. We assert that this standard which
has been fixed to determine the qualifi
cations of Indian agents and thei
|, sub%ordinates, is in conflict with the con
- stitution and hostile to the principles OF
which the American Union has beer
established. We denounce all official
in the executive and legislative depart
% ments who have applied this test, a
# criminals who have committed al
offense in the first degree against tn
rights of every citizen. What is tn
effect of this action by the government