Year: 1875

six townships This tract OF country. known as the
Pala and San PAssua reservations adapted 70 the
Indians wants ana contained lands sufficient 10 furnish
homes for all the Indians In California who liable
70 be dspossessed OF the homes they occupying


tne setting apart OF these reservations received tne


most strenuous united and persistent opposition OF the
citizens and press Of California The proceeding was
represented as an enormous swindle upon The govern
ment and hardship and outrage upon the Indians,
and numerous petitions and remonstrances signed by
leading citizens forwarded 70 the President And
the Indians themselves, for whose benefit alone the
reservations had been created induced TO ask not
70 be sent thther but 70 be let alone upon the lands
they were then occupying and which they were len 70
believe would remain permanently their homes


In accordance with the demand OF public opinion In
California Commissioner Parker suggested TO the de-
partment the proprey OF restoring the Pala and San
Pasqua reserves 10 the public domain, which was ac
cordngly DONE by executive order February IT, 1871,
and this last opportunity OF furnishing these Indians
with homes by substituting public lands in California
for those in the title OF which government had failed
70 protect them lost resistance TO the public
demand in strict conformity with justice to the In
dams, would have enabled the government. then at
slight cost to have made ample provision Tor the Mis-
sion Indians Thus matters remained until, In 1873
the department. anticipating for the Mission Indians
what has lately happened to the Temecula band,
called the attention Of Congress most earnestly TO the
subject The necessary appropriation asked for this pur
pose not being granted attention again called
during the last session OF Congress 10 the subject
and appropriation of 500 600 asked for the Indian
service Of California BY which great relief was brought
70 these Indians but that estimate reduced in the
bill the usual amount granted for the other Indians OF
that State leaving small amount which could in any





In my judgment the best method Of meeting the ne
cessites OF these Indians will be to them, by
withdrawal from SALE all the public lands upon which
they living. Under directions from the office
the agent has employed a surveyor 70 Indicate
such boundaries as will enable the Presi-
dent 70 issue an executive order making
the proper withdrawal This course. however will
provide for but very few OF the Indians from the fact
that nearly all OF the arabic lands In that section Of the
country has been sought for and are covered by Mex-
can land grants entries in the United States land
office For the remainder It will be necessary 70 pur-
chase small tracts OF land at different points upon
which the Indians may locate permanent homes, and
where they will be In the vicinity Of the planters and
ranchmen, who will give them profitable employment
aborera For the purchase of these tracts and Of
the improvements which may be found within other
tracts desirable for small reservations appropriation
OF not less than $3.50 600 will be required and re-
spectfuly suggest that the attention of Congress be
again called TO the Importance Of this subject


HoMEsfgADs FOR ISDIAEs


In my last annual report laid special emphasis on
the Importance OF securing for Indians the privilege OF
homestead act, by which those disposed TO abandon
tribal connections and Indian life might be able to
cure homes for themselves on the public lands. By
legislation Of Congress privilege looking to
this end was procured, but IN order
Indian Homestead act are required as shall guard
against the attempt by spectators who will seek to
induce Indians not yet prepared for homestead to
avail themselves OF its privileges, with view to secure
easy partition Of the tribal funds which in many
stances of such amounts as to make the Indians
prey TO the ayarice of his white friend and attorney
had the honor 70 make the following recommended
lions in last annual report respecting the necessity
Of such additional legislation as will suitable
government for Indians. N af


First-By providing that the criminal laws of the
United States shall be in force upon reservations and
shall apply 70 all offences, including those OF Indians
against Indians, and by extending the Jurisdiction OF
the United States Courts TO enforce the same.


Second--By declaring Indians amenable TO the police
laws OF the State Territory for any committed
outside a reservation. ft8 1896. EU el


Third-By comforting upon the President authority,
at his discretion 10 extend the jurisdiction OF the State
courts or any portion of them, to any reservation
whenever Judgment
such control a -NA


Fos4rtA-By providing sufficient force of deputy mar.
shas 10 enforce law and order both among and in be-
half fof Indians. .N. @~MU


Fyth-By giving authority to the Secretary of the
Interior prescribe for all tribes prepared in his
judgment 70 adopt the same, elective government
through which shall be administered all necessary
police regulations Of the reservation


Siz0-By providing distinct Territorial govern
ment or United States Court wherever Indians
sufficient numbers 70 justify IL


These recommendations failed to receive favorable
action and as consequence, the department has had
another year Of experience in the effort to govern
10000 people without any law punishing crime COM
mtted among themselves Several instances have
occurred in which the State courts have been asked
TO take an Indian prisoner arrested and delivered TO
them and TO try him for murder or other high crime
The evidence Of guilt abundant but the Indian has
always escaped punishment tor want OF jurisdiction Of
the Court; and practically the crime OF murder, where
only Indians arc concerned, committed Off reserva-
tion and within a State or Territory cannot
be punished, either from want of jurisdiction
or from indifference on the part Of the





OF Indians Is unfortunate for them and embar-
RAISING to the service and becomes increasingly
tribe approaches civilization from the fact that every
step in that direction loosens and disntegraos the old
tribal government OF authority by chiefs and furnishes
only anarchy in return Such legislation s absolutely
required for the promotion OF further progress among
the Indians shall modify radically their relation
the government in the following particulars
make an Indian amenable 10 law any other sub
ect of the United States; second encourage and II
necessary, to compel him TO abandon tribal relations
and act for himself intelligent individual So
long the government allows Indian TO live with
out law, and continue inducements for him 70 remain
one OF herd, with only community interests instead
OF coming under personal responsibility for good be-
havior and into individual rights OF property, he will
be found disabled and oppressed with needless difficult
ties. By appropriate Legislation recognize each
longer member of savage tribe but capable
OF individual manhood and on that theory provide for
his necessities and capabilities, and very Important
step has been taken In the advancement Of the work
which now fingers waiting for thus aid


RELATIONS or rHB INDIANS TO rHB STATES


The theory Of Indian sovereignty had practically
placed the Indians at disadvantage in their relations
the several States where they found being held
the State authorities TO be neither citizens paupers
criminals wards in any sense they como easily
to DO regarded on all hands as outcasts and ntruders
enough to defraud them. The most potent and
remedy for this evil viii be found in committing tho
Indians the earliest day possible 70 the OF the
State. II Is not probable that the State authorities will
be found ready accept this with It's responsible
ties except where the Indians have attained 10
such degree of civilization become self support
ing and in other respects ready 70 minge with the citi
OF the State and be subject the municipal
control IN where sufficient funds provided
for by the annutcs Of the tribes by the surplus
lands within their reservations, occasional appropri
ations Of Congress to meet all probable expenses
incident TO their and preparation for citi-
Zenship These conditions already exist among the
Indians of New York and Michigan and North Carolina
and portion Of those In Wisconsin, Iowa and Mime
There be question that the interests OF all
parties concerned would DO benefited by transfer OF
the Of the Indians upon the Seneca reservations in
New York to the authorities Of that State either directly
by declaring said State the guardian agent Of the
United States IN their behalf


The funds belonging to these Indians, 81, 900 per
year, would then be disbursed under the Of tho
officers of the county in whoh the indians reside and
could only be applied for school purposes, support Of
orphans for meeting such other common want
of the Indians instead OF being expended as II s at
present. In the purchase OF annuity goods amounting TO


yards OF calico and cotton cloth to each person.


With the responsibility Of these Indians thus as
sumed by the State IL Is not at aprobabe that there
would long exist in the heart of New York seven In
dian reservations existing separate kingdoms one Of
them forty miles long and one mile wde within which
the laws OF the State relating to highways, schoos
and the collection OF debts have Jurisdiction


The interest which the authorities OF New York have
shown in the protection and education Of the Indians
UT hin i'm bnrda No N tha