Arizona weekly citizen., 1886-05-15
THE INDIANS.
Their superior Consideration bS sPaih'
 Mexico, and the United States.

Inn, not probable exceptions, both Da- tious CSpain tool have in marked re- spects sho=n the IodIans greater re- gard cad given them greater protection than they have other citizens. Queen Issbella's first order to her officers m New Spain, was 10 teach them the holy Catholic reiigioB, and habiis of indus inv and civilization. Her immediate successor, Charles V. iU l521, wrote Her nandez Cortez that the Indians should be treated kindly and their welfare pro
 noted, and those who nistFel ted or took anything from them without pay, should be severely punished; and all
 royal orders, to the close of Spanish | rule in North America. were of similar import. However, cruelty the Indians | we're treated by ihs SPapiards, all royal 1 ed,c,s eI joined kind and helpful treat | meut. Span never recognized absolute ] ti;le to the land ID the Indians. She never questioned their right of occupa ii1n and protected them In II; out anacdonment forfeited all right and thereafter the land wHs subject 10 be granted ihe same as If never occupied. The Indians sometimes sold their right of occupation to individuals, and. when fairly done, the Spuni-h authorities con- frmed tLe sac, tbUs completing The ;l,le. The usual cnutse was tO first p-O cure A Incense to sell. but II not done, m application to approve asB!e, was sell dom If ever refused; but I have found no instance where sn In0ian sale was recognized hy Spain without this for mslliy, aud the United States followed the Spaui-h custom ID such cases.
 C nRressioual cOmmltts es have sever- | T times declared that this policy ITS well settled In ,he code fl cIv'llzed DH- ! tiCur:" that the citizen diScOyering country, "tskes possession m the name | oi bis nation" that "she exclusive right | to the soil, subject to the possessory rigit Of tEe natives, invests III tbe gov | ernrnent of him who first asserts aud maintains pOssessi0u; that purchase made by the di-cOyrrer of the natives
 sould "give DO tI;le agaIust his govern mrut, unless made with the previous consent ot the later. CT subsequently | confirmed by the proper authorities of | the nation. Many authorities might | be cited, but I will give only two which | will cover the whole ground, VIZ: Mitch ! el 6, al vs. the |. S, 2 Pet, and repOr; | of Senate Committee on Priv ste Land | Claims, in she case of the "Represents-
 tves of Julien Dubuqus,- March 3. ls47, No, 2lS. 2i Se-sIon, 29th Congress. Spain would not tske land occupied by
 the IDdIaus for forts IT any public Use.
 but claimed the right to grant such lands subject to the occupation. lbe
 Spanish governors were instructed tO uot "allow the fmsliesi injury to tAe Indians, aud that they "shuuId take care of the welfare. increase aId productIoI of them, Was part oi the.E official oaths. Although Mexican ciiiz, ns, the MexI- can government always eu!JlGed OF its officers B regard for the rights ot the h.
 dIans. no; st sll referred to m proceed incs Ltf- ciiDg other citizens. IL was a rule with tbe Mexican government tO not grsnt lands to ibe injury Of the ir-
 disns. Sometimes tI'les expressly pro
 vIded that the grant Is made on the con di,ious that he Indians be not harmed,
 or disturbed. and ID lumber Cf in-
 stances. they were protected n the lands they cultivated but dId not occu- py. Several such grants were maje ID Cai;ornia about lSi5, and at ID the records of the Land Commission. Ii is true that all grants were made suo- feet to the rights Ot others, but any spe- ciaI reservatIOc of, or iUinnciioEs to re
 spect the rights cf otEer cItizens, were
 not m.Gt, perhaps becau-e IL was
 thought unnecessary. Cove Tn0r Mich
 e,ereno male gran; to GuIllerDO
 A LeidsGori, " b oh contained five cORdi- tiouR, the second of which !s: "Iie (zrarteei shall not hinder the cul:iva-
 ton or other improvement of said land
 by iSe IndisLs Of that recioD,' and rLey
 were not mission or ctnsilHuiZed, but
 we're generally regarded a savages
 though !Ct enemies. See Csll.Orula Land Commission Case No. 92
 In lS4 the Departmental Assembly Of California made an order very favorable
 to certain Indians whose rign's were threatened In inc c-se fNo 6s.)
 or the Indian Nic4sIo. before the Cali fnrnIs Land Commission, Gov. Figuero-
 "a elooue1 tly plead for the Indians; not
 only urging iheIr equality with other , cItIzsns, bnt their pTeferer nee to have
 the lands they possess adJudIcstsd to them. In lo39, the la,iinrs as San Rs- 1. fsel advised Gov. Alvarado by petition
 that they weTe thresteued with disturb
 apce. aui be ordered tbe military com [ mander to offer them protection. Mex
 ican history. laws and ussges show that the I26iaus were R class Of citizens en-
 titled to the specisl care and protection
 of the government. All the nights of
 olh-r citizrns were conceded to them,
 and some rights accorded them as com . uunltle= winch were not to BLy other
 people Grants ot laud were made 10 !: them individually: and they as tribes or . bands were maintained ID possession of land. Neither spain nor Mexico ever
 ackn"wledged their absolute title 10 any of the country. end their superior right
 of possrssICn to unly limited tracts l which they occupied.
 [ Whatever thA result of the treatment ' by ibe ULited States. our government has always regarded the Indians as pos , s-ssing grszter rights to the soil than did either SpHin or Mex.co; the latter
 enforced their rights to land actually oc [ cupied. tbe United States to the right of posse=siun Co the whole country to which they had not formally surrender . ed title. We treated the lniians as . independent nations and negotiated treaties with them as with the most poEerful nations of e-rth. Prior tp | March 3. lSIl. fhe bresideDt entered n
 10 sud the S-nRte ratified nearly four | hundted treaties with the various irihes.
 nearly all involving title to land; by sc; of that date. Congress declared that thereafter ITO IudiHp tribes shall be acknowledged or recOg-
 nizei as an iudepeud' Q. Dstion. tribe. or ] power, with whom the United States l msy contract by treaty" PrIor 10 this ! The Indians. by treaty, had sold our govsrpmeut all of the states c; Ohio, In
 dians, Illinois, GeorgIs, Florida, Ala bama. and Mi-ssl sipgi. with large prrts Of Tennessee. Michigan and Wisconsin
 Except ID the case of the Indians in
 Minnesota, after the outbresk of 1862.
 the United States has never e1unguished
 tbe Indian title save by tre-iy involving in nearly ell cases, a large money con sideration; and ID tbis case they were
 gwen another reservation and tbe pro-
 ceeds Of the sale of their Minnesota land. No otber government ever treat
 ed the Indians with such consideration
 and even hherslity. Let seDtinen'siists
 speak Of it ss they may our governments