Chapter XXIV: Letter III: To the Editor of the Tribune (3)

"The Sioux were transported from Fort Snelling to Hannibal, Missouri, on two steamboats. One of the boats stopped there, and the Indians on it crossed over to St. Joseph, on the Missouri River, by rail. The other boat continued to the junction of the Mississippi and Missouri rivers, and thence up the latter to St. Joseph; and here the Indians that crossed over by rail were put upon the boat, and from thence to Crow Creek all of them were on one boat. They were very much crowded from St. Joseph to Crow Creek. Sixteen died on the way, being without attention or medical supplies. All the Indians were excluded from the cabin of the boat, and confined to the lower and upper decks. It was in May, and to go among them on the lower deck was suffocating. They were fed on hard bread and mess pork, much of it not cooked, there being no opportunity to cook it only at night when the boat laid up. They had no sugar, coffee, or vegetables. Confinement on the boat in such a mass, and want of proper food, created much sickness, such as diarrhœa and fevers. For weeks after they arrived at Crow Creek the Indians died at the rate of from three to four per day. In a few weeks one hundred and fifty had died, mainly on account of the treatment they had received after leaving Fort Snelling."—_MANEYPENNY, Our Indian Wards._

FOOD OF THE INDIANS AT CROW CREEK, DAKOTA, IN THE WINTER OF 1864.

"During the summer the Indians were fed on flour and pork; they got no beef till fall. They suffered for want of fresh beef as well as for medical supplies. In the fall their ration began to fail; and the issue was gradually reduced; and the Indians complained bitterly. *** The beef furnished was from the cattle that hauled the supplies from Minnesota. These cattle had travelled over three hundred miles, hauling the train, with nothing to eat but the dry prairie grass, there being no settlements on the route they came. The cattle were very poor. Some died or gave out on the trip, and such were slaughtered, and the meat brought in on the train for food for the Indians. About the 1st of January, 1864, near four hundred of the cattle were slaughtered. Except the dry prairie grass, which the frost had killed, these cattle had no food from the time they came to Crow Creek until they were slaughtered. A part of the beef thus made was piled up in the warehouse in snow, and the remainder in like manner packed in snow outside. This beef was to keep the Indians until the coming June. The beef was black, and very poor—the greater part only skin and bone. Shortly after the arrival of the train from Minnesota the contractors for supplying the Indians with flour took about one hundred head of the oxen, selecting the best of them, yoked them up, and sent them with wagons to Sioux City, some two hundred and forty miles, to haul up flour. This train returned in February, and these oxen were then slaughtered, and fed to the Indians.

"In January the issue of soup to the Indians commenced. It was made in a large cotton-wood vat, being cooked by steam carried from the boiler of the saw-mill in a pipe to the vat. The vat was partly filled with water, then several quarters of beef chopped up were thrown into it, and a few sacks of flour added. The hearts, lights, and entrails were added to the compound, and in the beginning a few beans were put into the vat; but this luxury did not continue long. This soup was issued every other day—to the Santee Sioux one day, the alternate day to the Winnebagoes. It was very unpalatable. On the day the Indians received the soup they had no other food issued to them. They were very much dissatisfied, and said they could not live on the soup, when those in charge told them if they could live elsewhere they had better go, but that they must not go to the white settlements. Many of them did leave the agency, some going to Fort Sully, others to Fort Randall, in search of food. From a description of this nauseous mess called soup, given by Samuel C. Haynes, then at Fort Randall, and assistant-surgeon in the military service, it is seen that the Indians had good cause to leave Crow Creek. He states that there were thrown into the vat 'beef, beef-heads, entrails of the beeves, some beans, flour, and pork. I think there were put into the vat two barrels of flour each time, which was not oftener than once in twenty-four hours. This mass was then cooked by the steam from the boiler passing through the pipe into the vat. When that was done, all the Indians were ordered to come with their pails and get it. It was dipped out to the Indians with a long-handled dipper made for the purpose. I cannot say the quantity given to each. It was about the consistency of very thin gruel. The Indians would pour off the thinner portion and eat that which settled at the bottom. As it was dipped out of the vat, some of the Indians would get the thinner portions and some would get some meat. I passed there frequently when it was cooking, and was often there when it was being issued. It had a very offensive odor. It had the odor of the contents of the entrails of the beeves. I have seen the settlings of the vat after they were through issuing it to the Indians, when they were cleaning the vat, and the settlings smelled like carrion—like decomposed meat. Some of the Indians refused to eat it, saying they could not, it made them sick.'"—_MANEYPENNY, Our Indian Wards._

VII.

LETTER FROM SARAH WINNEMUCCA,

AN EDUCATED PAH-UTE WOMAN.

_To Major H. Douglas, U. S. Army_:

SIR,—I learn from the commanding officer at this post that you desire full information in regard to the Indians around this place, with a view, if possible, of bettering their condition by sending them on the Truckee River Reservation. All the Indians from here to Carson City belong to the Pah-Ute tribe. My father, whose name is Winnemucca, is the head chief of the whole tribe; but he is now getting too old, and has not energy enough to command, nor to impress on their minds the necessity of their being sent on the reservation. In fact, I think he is entirely opposed to it. He, myself, and most of the Humboldt and Queen's River Indians were on the Truckee Reservation at one time; but if we had stayed there, it would be only to starve. I think that if they had received what they were entitled to from the agents, they would never have left them. So far as their knowledge of agriculture extends, they are quite ignorant, as they have never had the opportunity of learning; but I think, if proper pains were taken, that they would willingly make the effort to maintain themselves by their own labor, providing they could be made to believe that the products were their own, for their own use and comfort. It is needless for me to enter into details as to how we were treated on the reservation while there. It is enough to say that we were confined to the reserve, and had to live on what fish we might be able to catch in the river. If this is the kind of civilization awaiting us on the reserves, God grant that we may never be compelled to go on one, as it is much preferable to live in the mountains and drag out an existence in our native manner. So far as living is concerned, the Indians at all military posts get enough to eat and considerable cast-off clothing.

But how long is this to continue? What is the object of the Government in regard to Indians? Is it enough that we are at peace? Remove all the Indians from the military posts and place them on reservations such as the Truckee and Walker River Reservations (as they were conducted), and it will require a greater military force stationed round to keep them within the limits than it now does to keep them in subjection. On the other hand, if the Indians have any guarantee that they can secure a permanent home on their own native soil, and that our white neighbors can be kept from encroaching on our rights, after having a reasonable share of ground allotted to us as our own, and giving us the required advantages of learning, I warrant that the savage (as he is called to-day) will be a thrifty and law-abiding member of the community fifteen or twenty years hence.

Sir, if at any future time you should require information regarding the Indians here, I will be happy to furnish the same if I can.

SARAH WINNEMUCCA.

Camp McDermitt, Nevada, April 4th, 1870.

VIII.

LAWS OF THE DELAWARE NATION OF INDIANS.

[Adopted July 21st, A.D. 1866.]

The chiefs and councillors of the Delaware tribe of Indians convened at their council-house, on the reservation of said tribe, adopted July 21st, 1866, the following laws, to be amended as they think proper:

ARTICLE I.

_Section 1._ A national jail shall be built on the public grounds, upon which the council-house is now situated.

_Sec. 2._ Any person who shall steal any horse, mule, ass, or cattle of any kind, shall be punished as follows: For the first offence the property of the offender shall be sold by the sheriff, to pay the owner of the animal stolen the price of said animal, and all costs he may sustain in consequence of such theft. But if the offender has no property, or if his property be insufficient to pay for the animal stolen, so much of his annuity shall be retained as may be necessary to pay the owner of said animal, as above directed, and no relative of said offender shall be permitted to assist him in paying the penalties of said theft. For the second offence the thief shall be sent to jail for thirty-five days, and shall pay all costs and damages the owner may sustain on account of said theft. For the third offence the thief shall be confined in jail three months, and shall pay all costs and damages, as above provided.

_Sec. 3._ If any person shall steal a horse beyond the limits of the reserve, and bring it within the limits thereof, it shall be lawful for the owner to pursue and reclaim the same upon presenting satisfactory proof of ownership, and, if necessary, receive the assistance of the officers of the Delaware nation. _And it is further provided_, that such officials as may from time to time be clothed with power by the United States agent may pursue such offender either within or without the limits of the reserve.

_Sec. 4._ Whoever shall ride any horse without the consent of the owner thereof shall, for the first offence, pay the sum of ten dollars for each day and night that he may keep the said animal; and for the second offence shall be confined in jail for the term of twenty-one days, besides paying a fine of ten dollars.

_Sec. 5._ Whoever shall reclaim and return any such animal to the rightful owner, other than the wrong-doer, as in the last section mentioned, shall receive therefor the sum of two and fifty-hundredths dollars.

_Sec. 6._ In all cases of theft, the person or persons convicted of such theft shall be adjudged to pay all costs and damages resulting therefrom; and in case of the final loss of any animal stolen, then the offender shall pay the price thereof in addition to the costs and damages, as provided in a previous section.

_Sec. 7._ Whoever shall steal any swine or sheep shall, for the first offence, be fined the sum of fifteen dollars; ten of which shall be paid to the owner of the sheep or swine taken, and five dollars to the witness of the theft; for the second offence the thief shall, in addition to the above penalty, be confined in jail for twenty-eight days; and for the third offence the thief shall be confined four weeks in jail, and then receive a trial, and bear such punishment as may be adjudged upon such trial.

_Sec. 8._ Whoever shall steal a fowl of any description shall, for the first offence, pay to the owner of such animal the sum of five dollars; for the second offence, in addition to the above penalty, the thief shall be confined in jail for twenty-one days. The witness by whom such theft shall be proven shall be entitled to receive such reasonable compensation as may be allowed to him, to be paid by the offender.

_Sec. 9._ A lawful fence shall be eight rails high, well staked and ridered. If any animal shall break through or over a lawful fence, as above defined, and do any damage, the owner of the enclosure shall give notice thereof to the owner of such animal, without injury to the animal. The owner of such animal shall therefore take care of the same, and prevent his doing damage; but should he neglect or refuse so to do, the animal itself shall be sold to pay for the damage it may have done. But if the premises be not enclosed by a lawful fence, as above defined, the owner of the enclosure shall receive no damages; but should he injure any animal getting into such enclosure, shall pay for any damage he may do such animal.

_Sec. 10._ Every owner of stock shall have his or her brand or mark put on such stock, and a description of the brand or mark of every person in the tribe shall be recorded by the national clerk.

ARTICLE II.

_Sec. 1._ Whoever shall maliciously set fire to a house shall, for the first offence, pay to the owner of such house all damages which he may sustain in consequence of such fire; and, in addition thereto, for the second offence shall be confined in jail for the term of twenty-one days.

_Sec. 2._ Should human life be sacrificed in consequence of any such fire, the person setting fire as aforesaid shall suffer death by hanging.

_Sec. 3._ It shall be unlawful for any person to set on fire any woods or prairie, except for the purpose of protecting property, and then only at such times as shall permit the person so setting the fire to extinguish the same.

_Sec. 4._ Whoever shall violate the provisions of the last preceding section shall, for the first offence, be fined the sum of five dollars, and pay the full value of all property thereby destroyed; for the second offence, in addition to the penalty above described, the offender shall be confined in jail for the term of thirty-five days; and for the third offence the same punishment, except that the confinement in jail shall be for the period of three months.

_Sec. 5._ Any person living outside of the reserve cutting hay upon the land of one living on the reserve, shall pay to the owner of such land the sum of one dollar per acre, or one-half of the hay so cut.

_Sec. 6._ No person shall sell any wood on the reserve, except said wood be first cut and corded.

ARTICLE III.

_Sec. 1._ Whoever shall find any lost article shall forthwith return the same to the owner, if he can be found, under the penalty imposed for stealing such article, for a neglect of such duty.

_Sec. 2._ Whoever shall take any article of property without permission of its owner shall pay the price of the article so taken, and receive such punishment as the judge in his discretion may impose.

ARTICLE IV.

_Sec. 1._ Whoever shall take up any animal on the reserve as a stray shall, within one week, have the description of such animal recorded in the stray-book kept by the council.

_Sec. 2._ If the owner of said stray shall claim the same within one year from the day on which the description was recorded, he shall be entitled to take it, after duly proving his property, and paying at the rate of five dollars per month for the keeping of such animal.

_Sec. 3._ The title to any stray, duly recorded, and not claimed within one year from the date of such record, shall rest absolutely in the person taking up and recording the same.

_Sec. 4._ Whoever shall take up a stray, and refuse or neglect to record a description of the same, as provided in Section 1 of this Article, shall be deemed to have stolen such animal, if the same be found in his possession, and shall suffer the penalties inflicted for stealing like animals. The stray shall be taken from him, and remain at the disposal of the council, and a description of the same shall be recorded in the stray-book.

ARTICLE V.

_Sec. 1._ If a person commit murder in the first degree, he shall, upon conviction, suffer the penalty of death; but if the evidence against him be insufficient, or if the killing be done in self-defence, the person doing the killing shall be released.

_Sec. 2._ Whoever shall, by violence, do bodily harm to the person of another shall be arrested, and suffer such punishment as may on trial be adjudged against him; and should death result from such bodily harm done to the person of another, the offender shall be arrested, and suffer such punishment as may be adjudged against him.

_Sec. 3._ Whoever shall wilfully slander an innocent party shall be punished for such slander at the discretion of the judge.

_Sec. 4._ Whoever, being intoxicated or under the influence of liquor, shall display at the house of another, in a dangerous or threatening manner, any deadly weapons, and refuse to desist therefrom, being commanded so to do, and put up such weapons, either by the owner of the house or by any other person, shall for the first offence be fined the sum of five dollars, and pay all damages which may accrue; for the second offence shall be confined in jail twenty-one days, and pay a fine of ten dollars, and pay all damages which may accrue; and for the third offence shall be imprisoned in the jail for thirty-five days, be fined twenty dollars, and pay all damages as aforesaid.

_Sec. 5._ Officers shall be appointed to appraise all damages accruing under the last preceding section, who shall hear all the evidence, and render judgment according to the law and the evidence.

_Sec. 6._ Whoever shall, being under the influence of liquor, attend public worship or any other public meeting, shall first be commanded peaceably to depart; and if he refuses, it shall be the duty of the sheriff to arrest and confine such person until he becomes sober; and the offender shall pay a fine of five dollars.

_Sec. 7._ It shall be the duty of the sheriff to attend all meetings for public worship.

_Sec. 8._ No member of the Delaware nation shall be held liable for any debts contracted in the purchase of intoxicating liquors.

_Sec. 9._ The United States Agent and the chiefs shall have power to grant license to bring merchandise to the national payment ground for sale to so many traders as they may think proper for the interest of the nation.

_Sec. 10._ It shall be unlawful for any one person to bring any kind of drinks, except coffee, on the payment ground; and any person who shall offend against this section shall forfeit his drinkables and his right to remain on the payment ground.

_Sec. 11._ It shall be unlawful for any one person to bring within the reserve more than one pint of spirituous liquors at any one time. For the first offence against this section the offender shall forfeit his liquors, and pay a fine of five dollars; for the second offence he shall forfeit his liquors, and pay a fine of ten dollars; and for the third offence he shall forfeit his liquors, and be fined the sum of twenty-five dollars.

_Sec. 12._ Any person who shall find another in possession of more than one pint of liquor at one time upon the reserve may lawfully spill and destroy the same, and shall use such force as may be necessary for such purpose. Should the owner resist, and endeavor to commit bodily harm upon the person engaged in spilling or destroying said liquor, he shall be taken into custody by the sheriff, and be punished as an offender against the law.

_Sec. 13._ The sheriff may lawfully compel any man or any number of men, ministers of the Gospel excepted, to assist in capturing any person who shall violate these laws.

_Sec. 14._ Whoever shall offer resistance to any capture or arrest for violating any of the provisions of these laws shall be punished, not only for the original offence for which he was arrested, but also for resisting an officer.

ARTICLE VI.

_Sec. 1._ All business affecting the general interest of the nation shall be transacted by the council in regular sessions.

_Sec. 2._ All personal acts of chiefs, councillors, or private individuals, in such matters as affect the general interest of the nation, shall be considered null and void.

_Sec. 3._ Whoever shall violate the last preceding section by undertaking, in a private capacity and manner, to transact public and national business, shall be imprisoned in the national jail for a period not less than six months nor more than one year, and shall forfeit his place of office or position in the nation; which place or position shall be filled by the appointment of other suitable persons.

_Sec. 4._ Councillors shall be appointed who shall take an oath faithfully to perform their duties to the nation, and for neglect of such duties others shall be appointed to fill their places.

_Sec. 5._ Should a councillor go on a journey, so that it is impossible for him to attend the meetings of the council regularly, he may appoint a substitute who shall act for him in his absence.

_Sec. 6._ Certain days shall be set apart for council and court days.

_Sec. 7._ The chiefs and councillors shall appoint three sheriffs, at a salary of one hundred and fifty dollars per annum each; one clerk, at one hundred dollars per annum; and one jailer, at a salary of one hundred dollars per annum, whose salary shall be due and payable half-yearly; and in case either of the above officers shall neglect or refuse to perform any of the duties of his office, he shall forfeit his salary, and his office shall be declared vacant, and another shall be appointed to fill the office.

_Sec. 8._ The chiefs and councillors shall semi-annually, in April and October, make an appropriation for national expenses, which appropriation shall be taken from the trust fund, or any other due the Delawares, and paid to the treasury.

_Sec. 9._ There shall be a treasurer appointed annually, on the first day of April, whose duty it shall be to receive and disburse all moneys to be used for national purposes; but the treasurer shall pay out money only on order of chiefs and councillors, and for his services shall be paid five per cent. on the amount disbursed.

ARTICLE VII.

_Sec. 1._ It shall be lawful for any person, before his or her death, to make a will, and thereby dispose of his or her property as he or she may desire.

_Sec. 2._ If a man dies, leaving no will to show the disposal of his property, and leaves a widow and children, one-fourth of his property shall be set aside for the payment of his debts. Should the property so set aside be insufficient to pay all his debts in full, it shall be divided among his creditors _pro rata_, which _pro rata_ payment shall be received by his creditors in full satisfaction of all claims and demands whatever.

_Sec. 3._ If the property so set apart for the payment of debts is more than sufficient to pay all debts, the remainder shall be equally divided among the children.

_Sec. 4._ The widow shall be entitled to one-third of the property not set aside for the payment of debts.

_Sec. 5._ If a man dies, leaving no widow or children, his debts shall first be paid out of the proceeds of his personal property, and the remainder, if any, with the real estate, shall be given to the nearest relative.

_Sec. 6._ Whoever shall take or receive any portion of the property belonging to the widow and orphans, shall be punished as if he had stolen the property.

_Sec. 7._ The council shall appoint guardians for orphan children when they deem it expedient so to do.

ARTICLE VIII.

_Sec. 1._ If a white man marry a member of the nation, and accumulate property by such marriage, said property shall belong to his wife and children; nor shall he be allowed to remove any portion of such property beyond the limits of the reserve.

_Sec. 2._ Should such white man lose his wife, all the property shall belong to the children, and no subsequent wife shall claim any portion of such property.

_Sec. 3._ Should such white man die in the nation, leaving no children, all his property shall belong to his wife, after paying his debts.

_Sec. 4._ Should such white man lose his wife, and have no children, one-half of the personal property shall belong to him, and the other half shall belong to his wife's nearest relatives.

_Sec. 5._ Should such white man be expelled from the reserve, and the wife choose to follow her husband, she shall forfeit all her right and interest in the reserve.

ARTICLE IX.

_Sec. 1._ No member of the nation shall lease any grounds to persons not members of the nation.

_Sec. 2._ Should a white man seek employment of any member of the nation, he shall first give his name to the United States Agent, and furnish him with a certificate of good moral character, and also a statement of the time for which he is employed, and the name of his employer.

_Sec. 3._ The employed shall pay all hired help according to agreement.

_Sec. 4._ Any person or persons violating any of the provisions of these laws on the reserve shall be punished as therein provided.

_Sec. 5._ All white men on the reserve disregarding these laws shall also be expelled from the reserve.

ARTICLE X.

_Sec. 1._ Whoever shall forcibly compel any woman to commit adultery, or who shall commit a rape upon a woman, shall, for the first offence, be fined the sum of fifty dollars, and be imprisoned in jail for thirty-five days; for the second offence he shall be fined one hundred dollars, and be confined three months in the national jail; and for the third offence he shall be punished as the court shall see proper.

IX.

ACCOUNT OF THE CHEROKEE WHO INVENTED THE
CHEROKEE ALPHABET.

"Sequoyah, a Cherokee Indian, instead of joining the rude sports of Indian boys while a child, took great delight in exercising his ingenuity by various mechanical labors. He also assisted in the management of his mother's property, consisting of a farm and cattle and horses. In his intercourse with the whites he became aware that they possessed an art by which a name impressed upon a hard substance might be understood at a glance by any one acquainted with the art. He requested an educated half-breed, named Charles Hicks, to write his name; which being done, he made a die containing a fac-simile of the word, which he stamped upon all the articles fabricated by his mechanical ingenuity. From this he proceeded to the art of drawing, in which he made rapid progress before he had the opportunity of seeing a picture or engraving. These accomplishments made the young man very popular among his associates, and particularly among the red ladies; but it was long before incessant adulation produced any evil effect upon his character. At length, however, he was prevailed upon to join his companions, and share in the carouse which had been supplied by his own industry. But he soon wearied of an idle and dissipated life, suddenly resolved to give up drinking, and learned the trade of a blacksmith by his own unaided efforts. In the year 1820, while on a visit to some friends in a Cherokee village, he listened to a conversation on the art of writing, which seems always to have been the subject of great curiosity among the Indians. Sequoyah remarked that he did not regard the art as so very extraordinary, and believed he could invent a plan by which the red man might do the same thing. The company were incredulous; but the matter had long been the subject of his reflections, and he had come to the conclusion that letters represented words or ideas, and being always uniform, would always convey the same meaning. His first plan was to invent signs for words; but upon trial he was speedily satisfied that this would be too cumbrous and laborious, and he soon contrived the plan of an alphabet which should represent sounds, each character standing for a syllable. He persevered in carrying out his intention, and attained his object by forming eighty-six characters.

"While thus employed he incurred the ridicule of his neighbors, and was entreated to desist by his friends. The invention, however, was completely successful, and the Cherokee dialect is now a written language; a result entirely due to the extraordinary genius of Sequoyah. After teaching many to read and write, he left the Cherokee nation in 1822 on a visit to Arkansas, and introduced the art among the Cherokees who had emigrated to that country; and, after his return home, a correspondence was opened in the Cherokee language between the two branches of the nation. In the autumn of 1823 the General Council bestowed upon him a silver medal in honor of his genius, and as an expression of gratitude for his eminent public services."—_North American Review._

"We may remark, with reference to the above, that as each letter of this alphabet represents one of eighty-six sounds, of which in various transpositions the language is composed, a Cherokee can read as soon as he has learned his alphabet. It is said that a clever boy may thus be taught to read in a single day."—_The Saturday Magazine_, London, April, 1842.

X.

PRICES PAID BY WHITE MEN FOR SCALPS.

"In the wars between France and England and their colonies, their Indian allies were entitled to a premium for every scalp of an enemy. In the war preceding 1703 the Government of Massachusetts gave twelve pounds for every Indian scalp. In 1722 it was augmented to one hundred pounds—a sum sufficient to purchase a considerable extent of American land. On the 25th of February, 1745, an act was passed by the American colonial legislature, entitled 'An Act for giving a reward for scalps.'"—_Sketches of the History, Manners, and Customs of the North American Indians, by JAMES BUCHANAN, 1824._

"There was a constant rivalry between the Governments of Great Britain, France, and the United States as to which of them should secure the services of the barbarians to scalp their white enemies, while each in turn was the loudest to denounce the shocking barbarities of such tribes as they failed to secure in their own service; and the civilized world, aghast at these horrid recitals, ignores the fact that nearly every important massacre in the history of North America was organized and directed by agents of some one of these Governments."—_GALE, Upper Mississippi._

XI.

EXTRACT FROM TREATY WITH CHEYENNES, IN 1865.

ART. 6th of the treaty of Oct. 14th, 1865, between the United States and the chiefs and headmen representing the confederated tribes of the Arapahoe and Cheyenne Indians:

"The United States being desirous to express its condemnation of, and as far as may be repudiate the gross and wanton outrages perpetrated against certain bands of Cheyenne and Arapahoe Indians by Colonel J. M. Chivington, in command of United States troops, on the 29th day of November, 1864, at Sand Creek, in Colorado Territory, while the said Indians were at peace with the United States and under its flag, whose protection they had by lawful authority been promised and induced to seek, and the Government, being desirous to make some suitable reparation for the injuries thus done, will grant 320 acres of land by patent to each of the following named chiefs of said bands, *** and will in like manner grant to each other person of said bands made a widow, or who lost a parent on that occasion, 160 acres of land. *** The United States will also pay in United States securities, animals, goods, provisions, or such other useful articles as may in the discretion of the Secretary of the Interior be deemed best adapted to the respective wants and conditions of the persons named in the schedule hereto annexed, they being present and members of the bands who suffered at Sand Creek on the occasion aforesaid, the sums set opposite their names respectively, as a compensation for property belonging to them, and then and there destroyed or taken from them by the United States troops aforesaid."

One of the Senate amendments to this treaty struck out the words "by Colonel J. M. Chivington, in command of United States troops." If this were done with a view of relieving "Colonel J. M. Chivington" of obloquy, or of screening the fact that "United States troops" were the instruments by which the murders were committed, is not clear. But in either case the device was a futile one. The massacre will be known as "The Chivington Massacre" as long as history lasts, and the United States must bear its share of the infamy of it.

XII.

WOOD-CUTTING BY INDIANS IN DAKOTA.

In his report for 1877 the Superintendent of Indian Affairs in Dakota says: "Orders have been received to stop cutting of wood by Indians, to pay them for what they have already cut, to take possession of it and sell it. This I am advised is under a recent decision which deprives Indians of any ownership in the wood until the land is taken by them in severalty. If agents do not enforce these orders, they lay themselves liable. If they do enforce them, the Indians are deprived of what little motive they have for labor. In the mean time, aliens of all nations cut wood on Indian lands, sell to steamboats, fill contracts for the army and for Indian agencies at high prices. *** Cutting wood is one of the very few things an Indian can do in Dakota at this time."

XIII.

SEQUEL TO THE WALLA WALLA MASSACRE.

[This narrative was written by a well-known army officer, correspondent of the _Army and Navy Journal_, and appeared in that paper Nov. 1st, 1879.]

The history of that affair (the Walla Walla Massacre) was never written, we believe; or, if it was, the absolute facts in the case were never given by any unprejudiced person, and it may be interesting to not a few to give them here. The story, as told by our Washington correspondent, "Ebbitt," who was a witness of the scenes narrated, is as follows:

"The first settlements in Oregon, some thirty years ago, were made by a colony of Methodists. One of the principal men among them was the late Mr. or Governor Abernethy, as he was called, as he was for a short time the prominent Governor of Oregon. He was the father-in-law of our genial Deputy Quartermaster-general Henry C. Hodges, an excellent man, and he must not be remembered as one of those who were responsible for the shocking proceedings which we are about to relate. A minister by the name of Whitman, we believe, had gone up to the Walla Walla region, where he was kindly received by the Cayuse and other friendly Indians, who, while they did not particularly desire to be converted to the Christian faith as expounded by one of Wesley's followers, saw no special objection to the presence of the missionary. So they lived quietly along for a year or two; then the measles broke out among the Indians, and a large number of them were carried off. They were told by their medicine men that the disease was owing to the presence of the whites, and Mr. Whitman was notified that he must leave their country. Filled with zeal for the cause, and not having sense enough to grasp the situation, he refused to go.

"At this time the people of the Hudson's Bay Company had great influence with all the Indians in that region, and the good old Governor Peter Skeen Ogden was the chief factor of the Company at Fort Vancouver. He was apprised of the state of feeling among the Indians near the mission by the Indians themselves, and he was entreated by them to urge Whitman to go away, for if he did not he would surely be killed. The governor wrote up to the mission advising them to leave, for a while at least, until the Indians should become quiet, which they would do as soon as the measles had run its course among them. His efforts were useless, and sure enough one day in 1847, we believe, the mission was cleaned out, the missionary and nearly all of those connected with it being killed.

"An Indian war follows. This was carried on for some months, and with little damage, but sufficient for a claim by the territory upon the General Government for untold amounts of money. Two or three years later, when the country had commenced to fill up with emigration, and after the regiment of Mounted Riflemen and two companies of the First Artillery had taken post in Oregon, the people began to think that it would be well to stir up the matter of the murder of the Whitman family. General Joseph Lane had been sent out as governor in 1849, and he doubtless thought it would be a good thing for him politically to humor the people of the territory. Lane was a vigorous, resolute, Western man, who had been a general officer during the Mexican war, and he then had Presidential aspirations. So the governor came to Fort Vancouver, where the head-quarters of the department were established, under Colonel Loring, of the Mounted Rifles, and procured a small escort, with which he proceeded to hunt up the Indians concerned in the massacre, and demand their surrender. By this time the Indians had begun to comprehend the power of the Government; and when the governor found them, and explained the nature of his mission, they went into council to decide what was to be done. After due deliberation, they were convinced that if they were to refuse to come to any terms they would be attacked by the soldiers, of whom they then had deadly fear, and obliged to abandon their country forever. So they met the governor, and the head chief said that they had heard what he had to say. It was true that his people had killed the whites at the mission, but that they did so for the reason that they really thought that a terrible disease had been brought among them by the whites; that they had begged them to go away from them, for they did not wish to kill them, and that they only killed them to save their own lives, as they thought. He said that for this the whites from down the Columbia had made war upon them, and killed many more of their people than had been killed at the mission, and they thought they ought to be satisfied. As they were not, three of their principal men had volunteered to go back with the governor to Oregon City to be tried for the murder. This satisfied the governor, and the men bid farewell to their wives and little ones and to all their tribe, for they very well knew that they would never see them again. They knew that they were going among those who thirsted for their blood, and that they were going to their death, and that death the most ignominious that can be accorded to the red man, as they were to be hung like dogs.

"The governor and his party left. The victims gave one long last look at the shore as they took the little boat on the Columbia, but no word of complaint ever came from their lips. When they arrived at Fort Vancouver we had charge of these Indians. They were not restrained in any way—no guard was ever kept over them, for there was no power on earth that could have made them falter in their determination to go down to Oregon City, and die like men for the salvation of their tribe.

"At Oregon City these men walked with their heads erect, and with the bearing of senators, from the little boat, amidst the jibes and jeers of a brutal crowd, to the jail which was to be the last covering they would ever have over their heads.

"The trial came on, the jury was empanelled, and Captain Claiborne, of the Mounted Rifles, volunteered to defend the Indians, who were told that they were to have a fair trial, and that they would not be punished unless they were found guilty. To all this they paid no heed. They said it was all right, but they did not understand a word of what they were compelled to listen to for several days, and they cared nothing for the forms of the law. They had come to die, and when some witnesses swore that they recognized them as the very Indians who killed Whitman—all of which was explained to them—not a muscle of their faces changed, although it was more than suspected that the witnesses were never near the mission at the time of the massacre. The trial was over, and, of course, the Indians were condemned to be hanged. Without a murmur or sigh of regret, and with a dignity that would have impressed a Zulu with profound pity, these men walked to the gallows and were hung, while a crowd of civilized Americans—men, women, and children of the nineteenth century—looked on and laughed at their last convulsive twitches.

"We have read of heroes of all times, but never did we read of or believe that such heroism as these Indians exhibited could exist. They knew that to be accused was to be condemned, and they would be executed in the civilized town of Oregon City just as surely as would a poor woman accused of being a witch have been executed in the civilized and Christian town of Salem, in the good State of Massachusetts, two hundred years ago.

"A generation has passed away since the execution or murder of these Indians at Oregon City. Governor Lane still lives, not as ex-President, but as a poor but vigorous old man down in the Rogue River Valley. The little nasty town of Oregon City was the scene of a self-immolation as great as any of which we read in history, and there were not three persons there who appreciated it. The accursed town is, we hear, still nastier than ever, and the intelligent jury—no man of whom dared to have a word of pity or admiration for those poor Indians—with the spectators of that horrid scene, are either dead and damned, or they are sunk in the oblivion that is the fate of those who are born without souls."

XIV.

AN ACCOUNT

OF THE NUMBERS, LOCATION, AND SOCIAL AND INDUSTRIAL
CONDITION OF EACH IMPORTANT TRIBE AND BAND OF INDIANS
WITHIN THE UNITED STATES, WITH THE EXCEPTION
OF THOSE DESCRIBED IN THE PREVIOUS PAGES.

[From the Report of Francis A. Walker, United States Commissioner of Indian Affairs for the year 1872.]

The Indians within the limits of the United States, exclusive of those in Alaska, number, approximately, 300,000.

They may be divided, according to their geographical location or range, into five grand divisions, as follows: in Minnesota, and States east of the Mississippi River, about 32,500; in Nebraska, Kansas, and the Indian Territory, 70,650; in the Territories of Dakota, Montana, Wyoming, and Idaho, 65,000; in Nevada, and the Territories of Colorado, New Mexico, Utah, and Arizona, 84,000; and on the Pacific slope, 48,000. *** As regards their means of support and methods of subsistence, they may be divided as follows: those who support themselves upon their own reservations, receiving nothing from the Government except interest on their own moneys, or annuities granted them in consideration of the cession of their lands to the United States, number about 130,000; those who are entirely subsisted by the Government, about 31,000; those in part subsisted, 84,000,—together, about 115,000; those who subsist by hunting and fishing, upon roots, nuts, berries, etc., or by begging and stealing, about 55,000.

TRIBES EAST OF THE MISSISSIPPI RIVER.

NEW YORK.

The Indians of New York, remnants of the once powerful "Six Nations," number 5070. They occupy six reservations in the State, containing in the aggregate 68,668 acres. Two of these reservations, viz., the Alleghany and Cattaraugus, belonged originally to the Colony of Massachusetts; but, by sale and assignment, passed into the hands of a company, the Indians holding a perpetual right of occupancy, and the company referred to, or the individual members thereof, owning the ultimate fee. The same state of facts formerly existed in regard to the Tonawanda reserve; but the Indians who occupy it have purchased the ultimate fee of a portion of the reserve, which is now held in trust for them by the Secretary of the Interior. The State of New York exercises sovereignty over these reservations. The reservations occupied by the Oneidas, Onondagas, and Tuscaroras have been provided for by treaty stipulations between the Indians and the State of New York. All six reserves are held and occupied by the Indians in common. While the Indian tribes of the continent, with few exceptions, have been steadily decreasing in numbers, those of New York have of late more than held their own, as is shown by an increase of 100 in the present reports over the reported number in 1871, and of 1300 over the number embraced in the United States census of 1860. On the New York reservations are twenty-eight schools; the attendance during some portions of the past year exceeding 1100; the daily average attendance being 608. Of the teachers employed, fifteen are Indians, as fully competent for this position as their white associates. An indication of what is to be accomplished in the future, in an educational point of view, is found in the successful effort, made in August last, to establish a teacher's institute on the Cattaraugus Reservation for the education of teachers specially for Indian schools. Thirty-eight applicants attended, and twenty-six are now under training. The statistics of individual wealth and of the aggregate product of agricultural and other industry are, in general, favorable; and a considerable increase in these regards is observed from year to year. Twenty thousand acres are under cultivation; the cereal crops are good; while noticeable success has been achieved in the raising of fruit.

MICHIGAN.

The bands or tribes residing in Michigan are the Chippewas of Saginaw, Swan Creek, and Black River; the Ottawas and Chippewas; the Pottawattomies of Huron; and the L'Anse band of Chippewas.

_The Chippewas_ of Saginaw, Swan Creek, and Black River, numbering 1630, and the Ottawas and Chippewas, 6039, are indigenous to the country. They are well advanced in civilization; have, with few exceptions, been allotted lands under treaty provisions, for which they have received patents; and are now entitled to all the privileges and benefits of citizens of the United States. Those to whom no allotments have been made can secure homesteads under the provisions of the Act of June 10th, 1872. All treaty stipulations with these Indians have expired. They now have no money or other annuities paid to them by the United States Government. The three tribes first named have in all four schools, with 115 scholars; and the last, two schools, with 152 scholars.

_The Pottawattomies_ of Huron number about fifty.

_The L'Anse_ band of Chippewas, numbering 1195, belong with the other bands of the Chippewas of Lake Superior. They occupy a reservation of about 48,300 acres, situated on Lake Superior, in the extreme northern part of the State. But few of them are engaged in agriculture, most of them depending for their subsistence on hunting and fishing. They have two schools, with an attendance of fifty-six scholars.

The progress of the Indians of Michigan in civilization and industry has been greatly hindered in the past by a feeling of uncertainty in regard to their permanent possession and enjoyment of their homes. Since the allotment of land, and the distribution of either patents or homestead certificates to these Indians (the L'Anse or Lake Superior Chippewas, a people of hunting and fishing habits, excepted), a marked improvement has been manifested on their part in regard to breaking land and building houses. The aggregate quantity of land cultivated by the several tribes is 11,620 acres—corn, oats, and wheat being the chief products. The dwellings occupied consist of 244 frame and 835 log-houses. The aggregate population of the several tribes named (including the confederated "Chippewas, Ottawas, and Pottawattomies," about 250 souls, with whom the Government made a final settlement in 1866 of its treaty obligations) is, by the report of their agent for the current year, 9117—an increase over the number reported for 1871 of 402; due, however, perhaps as much to the return of absent Indians as to the excess of births over deaths. In educational matters these Indians have, of late, most unfortunately, fallen short of the results of former years; for the reason mainly that, their treaties expiring, the provisions previously existing for educational uses failed.

WISCONSIN.

The bands or tribes in Wisconsin are the Chippewas of Lake Superior, the Menomonees, the Stockbridges, and Munsees, the Oneidas, and certain stray bands (so-called) of Winnebagoes, Pottawattomies, and Chippewas.

_The Chippewas_ of Lake Superior (under which head are included the following bands: Fond du Lac, Boise Forte, Grand Portage, Red Cliff, Bad River, Lac de Flambeau, and Lac Court D'Oreille) number about 5150. They constitute a part of the Ojibways (anglicized in the term Chippewas), formerly one of the most powerful and warlike nations in the north-west, embracing many bands, and ranging over an immense territory, extending along the shores of Lakes Huron, Michigan, and Superior to the steppes of the Upper Mississippi. Of this great nation large numbers are still found in Minnesota, many in Michigan, and a fragment in Kansas.

The bands above mentioned by name are at present located on several small reservations set apart for them by treaties of September 30th, 1854, and April 7th, 1866, in Wisconsin and Minnesota, comprising in all about 695,290 acres. By Act of Congress of May 29th, 1872, provision was made for the sale, with the consent of the Indians, of three of these reservations, _viz._, the Lac de Flambeau and Lac Court D'Oreille in Wisconsin, and the Fond du Lac in Minnesota; and for the removal of the Indians located thereon to the Bad River Reservation, where there is plenty of good arable land, and where they can be properly cared for, and instructed in agriculture and mechanics.

The greater part of these Indians at present lead a somewhat roving life, finding their subsistence chiefly in game hunted by them, in the rice gathered in its wild state, and in the fish afforded by waters conveniently near. Comparatively little is done in the way of cultivating the soil. Certain bands have of late been greatly demoralized by contact with persons employed in the construction of the Northern Pacific Railroad, the line of which runs near one (the Fond du Lac) of their reservations. Portions of this people, however, especially those situated at the Bad River Reservation, have begun to evince an earnest desire for self-improvement. Many live in houses of rude construction, and raise small crops of grain and vegetables; others labor among the whites; and a number find employment in cutting rails, fence-posts, and saw-logs for the Government. In regard to the efforts made to instruct the children in letters, it may be said that, without being altogether fruitless, the results have been thus far meagre and somewhat discouraging. The majority of the parents profess to wish to have their children educated, and ask for schools; but when the means are provided and the work undertaken, the difficulties in the way of success to any considerable extent appear in the undisciplined character of the scholars, which has to be overcome by the teacher without parental co-operation, and in the great irregularity of attendance at school, especially on the part of those who are obliged to accompany their parents to the rice-fields, the sugar-camps, or the fishing-grounds.