The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-10-28
A SITUATION THAT CALLS FOR RE-
FORM.

The request of the Secretary of the
Interior that United States troops be
sent to the Indian Territory to suppress
lawlessness following soon after the
action of the express companies in clos
ing their money offices in the Territory
emphasizes the anomalous condition Of
affairs in that portion of the country.
1t is within the memory of many per-
sons when Texas was a place of refuge
for desperadoes from all parts of the
country and a regular breeding ground
for lawlessness, and that even after the
State was admitted to the Union.
Gradually, however, State law and local
authority have asserted them selves until
now Texas is fully abreast with other
Southern States in the enforcement of
law n order. Fugitives from justice
and desperadoes of high and low degree
no longer find a safe hiding and abiding
place within it's borders. They congre-
gate in the Indian Territory, where a
hybrid government, conflicting jurisdic-
tons and a loose administration Of law
combine to form a paradise for law-
breakers. 1t is a condition Of things
not creditable to the national govern
ment. and one that should not be per-
mitted to exist.
The trouble grows out of the tradi-
tional and mistaken policy of treating
with the Indians in their tribal relations
as an independent people. Ever since
the foundation of the government it
has been dealing with the Indians as an
in6QnanhQnt nQnnla nQkinO frootiac
with them as it would with a foreign
nation and in many Ways recognizing
their tribal relation. This has led to
many anomalies and complications.
Among other things the Supreme Court
has held that an Indian, born a member
of one of the Indian tribes within the
United States, is not, merely by reason
of his birth within the United States,
a citizen thereof, and this notwith-
standing the fourteenth amendment to
the Constitution declares that "all per-
sons born in the United States and sub
ject to the jurisdiction thereof are citi-
zens Of the United States" The effect
of the decision is to make the Indian
a very superior person, for while he is
deprived of the right to vote he can
enter into treaty stipulations with the
United States the same as if he were a
first-class European power.
The Indian Territory is an outgrowth
of the traditional policy of treating with
the Indians in their tribal relations.
The Territory was originally set apart
and coded by treaty about fifty years
6 as a country and home for certain
tribes of Indians. They nave maintained
their tribal relations and established
their own government, While at the
same time some of the laws of the
United States nave been extended over
the Territory. The result is constantly
conflicting jurisdiction and such an
anomalous condition of affairs generally
as might be expected to grow out of the
maintenance of a government within a
government. 1t is only a question of
time when it will have to be ended, and,
in the interests of civilization, the sooner
the better. AT present the Territory is
a hiding place for refugees from Justice
n a breeding place for lawlessness
that terrorizes all the adjacent coun-
try and is a disgrace to the Nation.
The Journal finds very few occasions
Of agreeing with Secretary Hoke Smith,
but he seems to be about right on this
question. When asked what he should
recommend as a permanent cure of the
lawlessness and reign of terror that
now exists in the Indian Territory he
said: ".Abrogate the treaties, abolish
the tribal relations, establish a terri
torial government and extend the juris-
diction of the United States over the
whole Territory" Without doubt that
is what ought 10 be done.