New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-11-20
LEGAL PROTECTION FOR INDIANS.
IMPERFECTIoNs ALLEGED ~ THE sEvERALTY
ACT. WORKING INJUSTICE AND LOSS
To he Editor ~ rhc Tribune

1MPERFECTIONs ALLEGED ~ THE sEvERALTY
ACT WORKING INJUSTICE AND LOSS.
To the Editor OF The Tribune.
Sir Henry l.. Dawes In the last number OF The
Congrega tionalist." uses the following language:
Right before their eyes Uhe eyes Of members Of
the MOhonk Conference) the Omahas and
Winnebagoes al Gifted nearly twenty years ago. and
than before allotment Their twenty-five years OF
nalienaton OF their homes are about 10 expire and
the land -abbers already around them, watch
ing for their prey as intenuy as the setter watches
his game.
These words are very significant coming from
the pen that framed the Dawes h under which
alotments are made. and by which TIE danger OF
further robbing Of the Indians was supposed to be
averted forever.
At the time OF the passage % the Dawes bill
the writer secretary OF the so-caled Omaha
Committee that brought the Ponca before
Judge Dundee and secured for Stand!rg Bear and
his band recognition as 'persons within the mean
ing Of our law and the benefits % habeas corpus.
We watched with great interest the inception OF
and discussions on the Dawes bill. and pointed
out then the weakness Of it. which the framcr
acknowledges. At our request J. T. Tnayer. pro-
fessor OF constitutional Law In Harvard University
and T. IL. Tbbles. prepared a supplementary bill,
which was duly presented TO the Indian Committee
OF the Senate Of which ex-senator Dawes
chairman. We supposed this bill would meet with
favor and pass without opposition. but. 70 our
establishment. it met with fierce opposition. and We
were forced TO drop II. II substance the bill pro-
vided for the practical means OF carrying out the
provisions Of the Dawes Scveralty Act. viz pro
for the purpose chiefly Of recording births deaths
marriages and divorces; also, to Keep record Of
court has brought about the lsmentabe state Of
affairs bewailed by ex-senator Dawes himself
A brief description of methods Will make this
clear. The Severtlty Act provides that II any
nembers thereon Shall be Allotted Iandsthe own
lands-as individuals; these lands shall b" inaeii-
under the laws OF the States or Territories in
which they live. These lands shall descend ac-
cOrding the inheritance laws Of the STATE or Ter
rtory In which the reservation hes, 50 rar go3d.
But the allotting agent comes, and. being unan"
the innocent Omahas or NinncDago's are dubbed
Daniel Webster Henry Clay. 81 Thomas Mc'aulley.
If the agent intends fraud there is cncck upon
his practising it The Indian is ikey TO ,orget
thus arising is worse confronted when Il comes to
his children and grandchildren. 40 prOpe: record
TO SEE why land grabbers are already around the
reservations watching for their prey" When an
court In the white country roundabout. secures the
appointment as guardian ana admins trator takes
manages all, a. a member Of The Omaha tribe
wrote me not long ago, according 10 ms own
For twenty years We have been eontendng , that
the first thing do for the Indian L. TO put him
fairy and squarey under law. II he does wrong,
punish him as an indy but do not hold the
tribe responsible II he does right let him have
spectacle we are presenting 70 the world in that
even now the heart-cry OF General George Crook
remains true: THE Indian commands respect FOR
his rights only long as he Inspires terror FOR ms
rife" 800 l.,
The recent uprising OF the Pilagers is a case IN
point. on his way to meet his death at the hands
Of the abused and hence Overwrought Indians.
Ma ior Wilkinson -aid: IL wouldn't mind receiving
orders TO 20 out and round UP the gang OF timber
thieves and others who are continually stirring me
indians up TO the lighting point by the shameful
wav In which they have abused them during re-
cent years" 1t hurt him To shoot down the OPP
dressed As to the pillagcr outbreak, the Comms-
sionor OF Indian Affairs declares that the fault WAS
the white mans. and compacenty promises that
thn settlers have been sufficiently scared 20 let tho
Indians alone for time.
Is II impossible for Congress 10 provide the cheap
hn, nriceIcss blessings Of Just and equitable law
for a quarter of million people within our own
,erri.ory? is II impossible TO stop the colossal
steais and the awful wrongs now planning, &C
cordine TO ex-senator Dawess article. In the Indian
Territory and oklahoma? Is Il impossible TO estaD-
lish and maintain courts Of probate on lndlan
reservations? How. then. are we to rule proper
and the Philippines? .,,,. ,,,,,.,,,
\cw-york Nov. l.. 1895