Arizona silver belt. [volume] (Globe City, Pinal County, Ariz.) 1878-19??, 1883-09-22
An Illegal Arrest.

was inveigled to visit San Carlos
agency headquarters, upon request
of Lieut.. Davis, for talk, was made
prisoner by the Lieutenant, and sent
to Tucson in charge of Sergeant John
F. Moore, and two buck Apaches who
gave their names to Citizens repor.
ter as Go-tschee, or Nosey, and Chill.
billi-ko-say, alias Stick. The latter
registered at hotel as Soboy, Nosey
wore corporal's uniform. The red
men refused to give their names to
the interviewer without eonsidera-
ton, whereupon they were bribed by
a cigar each, and at once became COM
municative, gave their names, and
when asked when the Chiricahuas
were coming back, they shook their
heads, and said, "No more Chiricahua
buckamen," which was interpreted to
mean that the Chiricahuas would see
Crook damned before they would com
! ply with his request.
Anderson was released upon his
own recognizance. He is charged
with being on the reservation, a
henious offence in the eyes of the mil
itary officer in command of the fred"
of the reservation. The question now
presents itself, where are the whites
to 60, if not on the reservation; The
Indians have permission from the
commanding officer, to- overrun the
white mans territory, as is now the
case The Citizen prints the follow
ing as the law under which Anderson
was arrested and removed from the
reservation:
SEC. 2l99. The Commissioner of In
dian affairs is authorized and required,
with the approval of the Secretary of
the Interior, to remove from any tri-
bal reservation any person being
therein without authority of law, or
whose presence within the limits of
the reservation may, in the judgment
of the commissioner, be detrimental
to the peace and welfare of the In
dams; and may employ for the pur-
pose such force as may be necessary
to enable the agent to effect the re-
moval Of such person.
By this it is apparent that in all
such cases, the commissioner" with
the approval of the Secretary of the
Interior, must make the order of re
moval. Neither Indian Agent or
army officer can take the initiative
they, or either of them, can only act
by order, and even then it must APP
pear that the presence of the very
person therein is, in the Judgment of
the commissioner, detrimental to the
peace and welfare of the Indians. Can
it be possible that the presence OF
Anderson near recently surveyed,
and not yet settled line, could be Diet
rimental to the peace and welfare of
the Indians, when he was neither |
herding stock or farming, or in fact
doing anything whatever that might |
interfere with the Indians. Even had |
the case been proper one, we hold it
to be an outrage upon the feelings of a
white American citizen to employ two |
Indians, armed to the teeth, to escort
as prisoner, an unresisting citizen
to Tucson. w., law authorizes
this? Is it possible that that the In
terror and War Departments hold the
whites of Arizona so low and degraded
that Indian police and guards are
good enough for them. Suppose some
dispute or difference between the
prisoner and guard had occurred on
the way, and the prisoner had been
unnecessarily killed? Does not Lieut..
Davis, or whoever caused the prisoner
to be taken to Tucson, know that he
would have been particeps criminis to
the murder. Chapter Ill, p. 369, com.
piled laws of the U. S. provides PEN
atty for either one of the following
offices:
LIST. Sending seditious messages.
I'd. Carrying seditious messages.
Sd. Correspondence with foreign
nations to excite Indians to war.
4th. Survey Of Indian Reservation.
9Th. Purchase of grante from In
dams.
9th. Driving stock to feed on Indian |
land. = = i
9TH. Settling on or surveying lands
belonging to Indians BY TREATY.
This is all. Anderson is charged
with the violation of the last, while as
a matter Of facv the United States has
made no treaty with these Indians,
and under the law as it stands can
make none-thesc Apaches are not
treaty Indians--they had 10 rights
under the Mexican government, no
lands, no reservation; were treated as
savage nomads, and the United States
under the treaty with Mexico agreed
to give the inhabitants of the ceded
Territory only the rights possessed I'M
der the Mexican government. Andcr-
son with others located these coal