Chapter VIII: Front Matter (8)

This is a very curious chapter in our history. There is a striking
contrast between “ministers plenipotentiary” appointed by the
United States to treat with powerful Indian nations, and an army
officer, with troops at his command, installed over a tribe of
Indians to maintain among them an absolute military despotism. Yet
our policy of dealing with Indians has swung from one of these
extremes to the other in a strangely vacillating way. Indeed at
present (1892) the Agent among the Five Civilized Tribes performs
rather the functions of a consul in a foreign nation than those of
an agent.... On the other hand, the absolute military rule finds
its illustration in the present condition of things at San Carlos
(Arizona) and in a modified way at Pine Ridge (South Dakota).

Now the superficially informed person will arise to declaim that this is ancient history. It is true this was written concerning conditions of and prior to 1892. But only recently were the troops removed from Fort Apache in the country adjacent to San Carlos; and very recently we have had cause to regret that the authorities of the Agent for the Five Civilized Tribes were ever revoked. The Indian Agent for the Pueblo Indians of New Mexico, considering their recognized forms of tribal government that the United States Courts have sustained, should perform the functions of a consul, plus all the duties of an Agent. It is difficult for the average appointee to perceive this subtle distinction.

And should the superficially informed person visit the Southwest and a closed Indian reservation, to witness the Snake Dance of the Hopi, for instance; to view one of the pageants of the Pueblo Indians of New Mexico; or to hunt on Apache grounds,—and always providing that such Indians have an Agent not afraid of his political shadow, he will find that the supervision and control of the Indians, and of the superficially informed person, is based on the authorities related, which have not been revoked, and which any Indian Agent may invoke at any time he thinks necessary. In Arizona the State Legislature has granted additional powers to Indian Agents, as the residents of this colossal State have no false ideas with respect to its Indian inhabitants, and wish them managed in the most efficacious way consistent with justice.

As instances, Arizona has these laws:

CIVIL CODE.