To the President of the United States:
[p1]
The undersigned, commissioners appointed under the act of Congress approved
July 20, 1867, "to establish peace with certain hostile Indian tribes," were
authorized by said act to call together the chiefs and headmen of such bands of
Indians as were then waging war, for the purpose of ascertaining their reasons
for hostility, and, if thought advisable, to make treaties with them, having in
view the following objects, viz:
[p2]
1st. To remove, if possible, the causes of war.
[p3]
2d. To secure, as far as practicable, our frontier settlements and the safe
building of our railroads looking to the Pacific; and
[p3]
3d. To suggest or inaugurate some plan for the civilization of the Indians.
[p4]
Congress, in the passage of the law, seemed to indicate the policy of collecting
at some early day all the Indians east of the Rocky mountains on one or more
reservations, and with that view it was made our duty to examine and select "a
district or districts of country having sufficient area to receive all the Indian
tribes occupying territory east of the said mountains not now peacefully
residing on permanent reservations under treaty stipulations," &e. It was
required that these reservations should have sufficient arable or grazing lands
to enable the tribes placed on them to support themselves, and that they should
be so located as not to interfere with established highways of travel and the
contemplated railroads to the Pacific ocean. The subsequent action and
approval of Congress will be necessary, however, to dedicate the district or
districts so selected to the purposes of exclusive Indian settlement.
[p5]
When the act was passed, war was being openly waged by several hostile
tribes, and great diversity of opinion existed among the officials of the
government, and no less diversity among our people, as to the means best
adapted to meet it. Some thought peaceful negotiation would succeed while
others had no hope of peace until the Indians were thoroughly subdued by force
of arms. As a concession to this latter sentiment, so largely prevailing, as well
as to meet the possible contingency of failure by the commission, it was,
perhaps, wisely provided, that in case peace could not be obtained by treaty, or
should the Indians fail to comply with the stipulations they might make for
going on their reservations, the President might call out four regiments of
mounted troops for the purpose of conquering the desired peace.
[p6]
On the sixth day of August we met at St. Louis, Missouri, and organized by
selecting N.G. Taylor president and A.S.H. White secretary.
[p7]
The first difficulty presenting itself was to secure an interview with the chiefs
and leading warriors of those hostile tribes. They were roaming over an
immense country thousands of miles in extent, and much of it unknown even to
hunters and trappers of the white race. Small war parties emerging from this
vast extent of unexplored country would suddenly strike the border settlements,
killing the men and carrying off into captivity the women and children.
Companies of workmen on the railroads, at points hundreds of miles from each
other, would be attacked on the same day, perhaps in the same hour. Overland
mail coaches could not be run without military escort, and railroad and mail
stations unguarded by soldiery were in perpetual danger. All safe transit across
the plains had ceased. To go without soldiers was hazardous in the extreme; to
go with them forbade reasonable hope of securing peaceful interviews with the
enemy. When the Indian goes to war he enters upon its dreadful work with
earnestness and determination. He goes on an errand of vengeance, and no
amount of blood satisfies him. It may be because, with him, all wrongs have to
be redressed by war. In our intercourse with him we have failed, in a large
measure, to provide peaceful means of redress, and he knows no law except
that of retaliation. He wages war with the same pertinacity, and indeed in the
same spirit, with which a party litigant in full conviction of the right prosecutes
his suit in court. His only compromise is to have his rights, real or fancied,
fully conceded. To force he yields nothing. In battle he never surrenders, and
is the more excusable, therefore, that he never accepts capitulation at the hands
of others. In war he does not ask or accept mercy. He is then the more
consistent that he does not grant mercy.
[p8]
So little accustomed to kindness from others, it may not be strange that he
often hesitates to confide. Proud himself and yet conscious of the contempt of
the white man, when suddenly aroused by some new wrong, the remembrance
of old ones still stinging his soul, he seems to become, as expressed by himself,
blind with rage. If he fails to see the olive-branch or flag of truce in the hands
of the peace commissioner, and in savage ferocity ads one more to his victims,
we should remember that for two and a half centuries he has been driven back
from civilization, where his passions might have been subjected to the
influences of education and softened by the lessons of Christian charity.
[p9]
This difficulty, meeting us at the very threshold of our duties, had to be
overcome before anything of a practical character could be accomplished.
Fortunately, we had on the commission a combination of the civil and military
power necessary to give strength and efficiency to our operations. Through the
orders of Lieutenant General Sherman to the commanders of posts, and those
of Commissioner Taylor to superintendents and agents under his charge, in the
proper districts, a perfect concert of action was secured, and according to our
instructions the hostile Indians of western Dakota were notified that we would
meet them at Fort Laramie on the 13th day of September; and those then south
of the Arkansas, including the Cheyennes, the Kiowas, Comanches,
Araphahoes, and Apaches, that we would meet them for consultation at some
point near Fort Larned, on or about the 13th day of October.
[p10]
Whilst runners were being employed and sent out to notify them of our pacific
intentions and our desire to meet them at the times and places stated, the
commission resolved to occupy the time intervening before the first meeting in
examining the country on the upper Missouri river. The steamer St. John was
chartered, and such goods purchased as were thought suitable as presents to the
Indians.
[p11]
On the 13th of August we met at Fort Leavenworth and took the statements of
Major General Hancock, Governor Crawford, of Kansas, Father DeSmet, and
others. Thence we proceeded to Omaha, Nebraska, and took the statements of
Major General Augur and others. At Yaneton we met Governor Faulk, of
Dakota, and took his evidence on the subjects embraced in our duties.
Governor Faulk, at our request, accompanied the commission up the river, and
was present at the subsequent interviews with the Indians of his
superintendency.
[p12]
Owing to the low stage of water, our progress up the river was much retarded,
and we failed to reach Fort Rice as we had intended. On the 30th of August a
point twelve miles above the mouth of the Big Cheyenne river was reached,
when it was found necessary to turn back in order to fill our several
engagements made with the Indians on the river as we went up, and then reach
Fort Laramie by the 13th of September.
[p13]
On the return trip councils were held with various bands of the Sioux or
Dakota Indians at Forts Sully and Thompson, and also at the Yaneton, Ponca,
and Santee Sioux reservations, full reports of which will be found in the
appendix. Although these Indians along the Missouri river are not hostile, and
do not, therefore, legitimately come within the scope of duties assigned us, yet
it was thought quite important, in determining whether the country itself was fit
for an Indian reservation, to examine into the condition of those now there, and
especially those who are endeavoring to live by agriculture.
The time given us was too short to make anything like a personal inspection of
so large a district of uninhabited country as that which lies north of Nebraska,
between the Missouri river on the east and the Black Hills on the west, and to
which public attention is now being very generally directed as a home for the
more northern tribes. We took evidence of those who had traversed this region
in reference to the soil, climate, and productions, which evidence will be found
in the appendix. To this subject we shall again allude when we come to speak
of reservations for Indian settlement.
[p14]
In this connection, however, before returning to the thread of our narrative, it is
our duty to remark that the condition of these tribes demands prompt and
serious attention. The treaty stipulations with many of them are altogether
inappropriate. They seem to have been made in total ignorance of their
numbers and disposition, and in utter disregard of their wants. Some of the
agents now among them should be removed, and men appointed who will, by
honesty, fair dealing, and unselfish devotion to duty, secure their respect and
confidence. Where the present treaties fail to designate a particular place as a
home for the tribe, they should be changed.
[p15]
Returning to Omaha on the 11th of September, the steamer was discharged,
and we immediately proceeded to North Platte, on the Pacific railroad, where
we found a considerable number of the Sioux and northern Cheyennes, some of
whom had long been friendly, while others had but recently been engaged in
war. A council was held with them, which at one time threatened to result in
no good; but finally a full and perfect understanding was arrived at, which
thought not then, nor even yet, reduced to writing, we have every reason to
believe has been faithfully kept by them.
[p16]
It was at this council that the hitherto untried policy in connection with Indians,
of endeavoring to conquer by kindness, was inaugurated.
[p17]
Swift Bear, a Brulé chief, then and now a faithful friend to the whites,
had interested himself to induce the hostile bands to come in to this council,
and had promised them, if peace were made, that ammunition should be given
them to kill game for the winter. This promise was not authorized by the
commissioners, but we were assured that it had been made not only by him, but
by others of our runners, and that nothing less would have brought them in.
These Indians are very poor and needy. The game in this section is fast
disappearing, and the bow and arrow are scarcely sufficient to provide them
food. To give one of these Indians powder and ball is to give him meat. To
refuse it, in his judgment, dooms him to starvation; and worse than this, he
looks upon the refusal, especially after a profession of friendship on his part, as
an imputation upon his truthfulness and fidelity. If an Indian is to be trusted at
all, he must be trusted to the full extent of his work. If you betray symptoms of
distrust, he discovers it with nature's intuition, and at once condemns the
falsehood that would blend friendship and suspicion together. Whatever our
people may choose to say of the insincerity or duplicity of the Indian would fail
to express the estimate entertained by many Indians of the white man's
character in this respect. Promises have been so often broken by those with
whom they usually come in contact, cupidity has so long plied its work deaf to
cries of suffering, and heartless cruelty has so frequently sought them in the
garb of charity, that to obtain their confidence our promises must be
scrupulously fulfilled and our professions of friendship divested of all
appearance of selfishness and duplicity.
[p18]
We are now satisfied, whatever the criticisms on our conduct at the time -- and
they were very severe both by the ignorant and the corrupt -- that had we
refused the ammunition demanded at this council, the war on their part would
have continued, and possibly ere this have resulted in great loss of life and
property. As it is, they at once proceeded to their fall hunt on the Republican
river, where they killed game enough to subsist themselves for a large part of
the winter, and no act of hostility or wrong has been perpetrated by them
since.
[p19]
The statement of this fact, if it proves nothing else, may serve to indicate that
the Indian, though barbarous, is yet a man, susceptible to those feelings which
ordinarily respond to the exercise of magnanimity and kindness. If it should
suggest to civilization that the injunction to "do good to them that hate us" is
not confined to race, but broad as humanity itself, it may do some good even to
ourselves. It will at least, for the practical man honestly seeking a solution of
these troubles, serve a better purpose than whole pages of theorizing upon
Indian character.
[p20]
At this point we were informed by our scouts that the northern Sioux, who
were waging war on the Powder river, would not be able to meet us at Fort
Laramie at the time indicated; whereupon we adjourned the until the 1st day of
November, and requested them if possible to secure a delegation to meet us on
our return. We then left the valley of the Platte and proceeded up the Kansas
river and its tributaries to Fort Harker, and thence by the way of Fort Larned to
a point 80 miles south of the Arkansas river, where we met the Kiowas,
Comanches, Arapahoes, and Apaches, on a stream called Medicine Lodge
creek. It should be stated at this point that when we arrived at St. Louis, on our
way hither, we found that Lieutenant General Sherman had been summoned to
Washington city by the President, and his place on the commission supplied b
the appointment of Brevet Major General C.C. Augur, who joined the other
members at Fort Larned and participated in all our subsequent proceedings. At
our first councils at Medicine Lodge the larger body of the hostile Cheyennes
remained off at a distance of 40 miles.
[p21]
These latter Indians were evidently suspicious of the motives which had
prompted us to visit them. Since the preceding April they had committed many
depredations. They had been unceasingly on the warpath, engaged in
indiscriminate murder and plunder. They knew that our troops had but recently
been hunting them over the plains, killing them wherever they could find them.
They could not, therefore, appreciate this sudden change of policy. For two
weeks they kept themselves at a distance, sending in small parties to discover if
possible our true intentions.
[p22]
Before the arrival of the Cheyennes we concluded treaties with the Kiowas,
Comanches, and Apaches, and after their arrival we concluded a joint treaty
with the Cheyennes and Arapahoes, all of which we herewith submit and
earnestly recommend for ratification.
[p23]
Before the arrival of the Cheyennes we concluded treaties with the Kiowas,
Comanches, and Apaches, and after their arrival we concluded a joint treaty
with the Cheyennes and Arapahoes, all of which we herewith submit and
earnestly recommend for ratification.
[p24]
Before these agreements were perfected we had many interviews or "talks"
with the several tribes, some of which were exceedingly interesting as
illustrative of their character, habits, and wishes. Being provided with an
efficient short-hand reporter, we were enabled to preserve the full proceedings
of these councils, and to them we especially call your attention.
[p25]
After giving to these tribes their annuities, which had been detained at the
military posts since last spring, on account of their alleged hostility, and after
distributing among them some presents, the commission returned to Omaha,
and thence by North Platte to Fort Laramie, to fill our second engagement with
the hostile Sioux and Cheyennes of the north.
[p26]
On arriving at Fort Laramie we found awaiting us a delegation of Crows, with
whom a council was held and their statements taken. Red Cloud, the
formidable chief of the Sioux, did not come to this council. The Crows, as a
tribe, have not been hostile. Some of their young men, no doubt, have united
themselves with the hostile forces of Ogallalla and Brulé Sioux and northern
Cheyennes, who, since July, 1866, under the leadership of Red Cloud, have
spread terror throughout this entire region of country.
[p27]
We greatly regret the failure to procure a council with this chief and his leading
warriors. If an interview could have been obtained, we do not for a moment
doubt that a just and honorable peace could have been secured. Several causes
operated to prevent his meeting us. The first, perhaps, was a doubt of our
motives; the second results from a prevalent belief among these Indians that we
have resolved on their extermination; and third, the meeting was so late in the
season that it could not be attended in this cold and inhospitable country
without great suffering. He sent us word, however, that his war against the
whites was to save the valley of the Powder river, the only hunting ground left
to his nation, from our intrusion. He assured us that whatever the military
garrisons at Fort Phil. Kearney and Fort C.F. Smith were withdrawn, the war
on his part would cease. As we could not then, for several reasons, make any
such agreement, and as the garrisons could not have been safely removed so
late in the season, the commission adjourned to meet in Washington on the 9th
day of December. Before adjourning we took the promise of the Crows to
meet us early next summer, and sent word to Red Cloud and his followers to
meet us at the same council, to be held either at Fort Rice, on the Missouri
river, or at Fort Phil. Kearney, in the mountains, as they might prefer. We also
asked a truce or cessation of hostilities until the council could be held.
[p28]
Returning then by way of North Platte, we received new assurances of peace
and friendship from the Indians there assembled. They will give us no further
trouble at present. They are the same to whom we gave the ammunition.
[p29]
Since arriving here we are gratified to be informed that Red Cloud has
accepted our proposition to discontinue hostilities and meet us in council next
spring or summer. And now, with anything like prudence and good conduct on
the part of our own people in the future, we believe the Indian war east of the
Rocky mountains is substantially closed.
[p30]
Our first duty under the act, it will be remembered, was to secure a conference
with the Indians. Having obtained that conference, our second duty was to
ascertain from themselves the reasons inducing them to go to war. These
reasons may be gathered from the speeches and testimony of the chiefs and
warriors hereto appended. The limits of this paper will not permit more than a
brief summary of these reasons. The testimony satisfies us that since October,
1865, the Kiowas, Comanches, and Apaches have substantially complied with
their treaty stipulations entered into at that time at the mouth of the Little
Arkansas. The only flagrant violation we were able to discover consisted in the
killing of James Box and the capture of his family in western Texas about the
15th of August, 1866. The alleged excuse for this act is, that they supposed an
attack on Texas people would be no violation of a treaty with the United
States; that as we ourselves had been at war with the people of Texas, an act of
hostility on their part would not be disagreeable to us.
[p31]
We are aware that various other charges were made against the Kioas and
Comanches, but the evidence taken will pretty clearly demonstrate that these
charges were almost wholly without foundation. The charges against the
Arapahoes amounted to but little.
[p32]
The story of the Cheyennes dates far back, and contains many points of deep
and thrilling interest. We will barely allude to some of them and then pass
on.
[p33]
In 1851, a short time after the discovery of gold in California, when a vast
stream of emigration was flowing over the western plains, which up to that
period had been admitted by treaty and by law to be Indian territory, it was
thought expedient to call together all the tribes east of the Rocky mountains for
the purpose of securing the right of peaceful transit over their lands, and also
fixing the boundaries between the different tribes themselves. A council was
convened at Fort Laramie on the 17th day of September of that year, at which
the Cheyennes, Araphahoes, Crows, Assinaboines, Gros-Ventres, Mandans,
and Arickarees were represented. To each of these tribes boundaries were
assigned. To the Cheyennes and Arapahoes were given a district of country
"commencing at the Red Butte, of the place where the road leaves the north
fork of the Platte river; thence up the north fork of the Platte river to its source;
thence along the main ridge of the Rocky mountains to the headwaters of the
Arkansas river; thence down the Arkansas river to the crossing of the Santa Fé
road; thence in a northwesterly direction to the forks of Douglas the Platte
river; thence up the Platte river to the place of beginning." It was further
provided in this treaty that the rights or claims of any one of the nations should
not be prejudiced by this recognition of title in the others; and "further, that
they do not surrender the privilege of hunting, fishing, or passing over any of
the tracts of country herein before described." The Indians granted us the right
to establish roads and military and other posts within their respective
territories, in consideration of which we agreed to pay the Indians $50,000 per
annum for 50 years, to be distributed to them in proportion to the population of
the respective tribes. When this treaty reached the Senate, "50 years" was
stricken out and "ten years" substituted, with the authority of the president to
continue the annuities for a period of five years longer, if he saw fit.
[p34]
It will be observed that the boundaries of the Cheyenne and Arapahoe land, as
fixed by this treaty, include the larger portion of the Territory of Colorado and
most of the western part of Kansas.
[p35]
Some years after this gold and silver were discovered in the mountains of
Colorado, and thousands of fortune-seekers, who possessed nothing more than
the right of transit over these lands, took possession of them for the purpose of
mining, and, against the protests of the Indians, founded cities, established
farms, and opened roads. Before 1861 the Cheyennes and Arapahoes had been
driven from the mountain regions down upon the waters of the Arkansas, and
were becoming sullen and discontented because of this violation of their rights.
The third article of the treaty of 1851 contained the following language: "The
United States bind themselves to protect the aforesaid Indian nations against
the commission of all depredations by the people of the United States after the
ratification of this treaty." The Indians, however ignorant, did not believe that
the obligations of this treaty had been complied with.
[p36]
If the lands of the white man are taken, civilization justifies him in resisting the
invader. Civilization does more than this: it brands him as a coward and a
slave if he submits to the wrong. Here civilization made its contract and
guaranteed the rights of the weaker party. It did not stand by the guarantee.
The treaty was broken, but not b the savage. If the savage resists, civilization,
with the ten commandments in one hand and the sword in the other, demands
his immediate extermination.
[p37]
We do not contest the ever-ready argument that civilization must not be
arrested in its progress by a handful of savages. We earnestly desire the speedy
settlement of all our territories. None are more anxious than we to see their
agricultural and mineral wealth developed by an industrious, thrifty, and
enlightened population. And we fully recognize the fact that the Indian must
not stand in the way of this result. We would only be understood as doubting
the purity and genuineness of that civilization which reaches its ends by
falsehood and violence, and dispenses blessings that spring from violated
rights.
[p38]
These Indians saw their former homes and hunting grounds overrun by a
greedy population, thirsting for gold. They saw their game driven east to the
plains, and soon found themselves the objects of jealousy and hatred. They too
must go. The presence of the injured is too often painful to the wrongdoer, and
innocence offensive to the eyes of guilt. It now became apparent that what had
been taken by force must be retained b the ravisher, and nothing was left for
the Indian but to ratify a treaty consecrating the act.
[p39]
On the 18th day of February, 1861, this was done at Fort Wise in Kansas.
These tribes ceded their magnificent possessions, enough to constitute two
great States of the Union, retaining only a small district for themselves,
"beginning at the mouth of the Sandy Fork of the Arkansas river and extending
westwardly along said river to the mouth of the Purgatory river; thence along
up the west bank of he Purgatory river to the northern boundary of the Territory
of New Mexico; thence west along said boundary to a point where a line drawn
due south from a point on the Arkansas river five miles east of the mouth of the
Huerfano river would intersect said northern boundary of New Mexico; thence
due north from that point on said boundary to the Sandy Fork to the place of
beginning." By examining the map, it will be seen that this reservation lies on
both sides of the Arkansas river, and includes the country around Fort Lyon. In
consideration of this concession, the United States entered into new
obligations. Not being able to protect them in the larger reservation, the nation
resolved that it would protect them "in the quiet and peaceable possession" of
the smaller tract. Second, "to understand pay each tribe meeting $30,000 per
annum for 15 years;" and third, that houses should be built, lands broken up
and fenced, and stock animals and agricultural implements furnished. In
addition to this, mills were to be built, and engineers, farmers, and mechanics
sent among them. These obligations, like the obligations of 1851, furnished
glittering evidences of humanity to the reader of the treaty. Unfortunately, the
evidence stops at that point.
[p40]
In considering this treaty, it will occur to the reader that the 11th article
demonstrates the amiable relations between the Indians and their white friends
up to that time. It provides as follows: "In consideration of the kind treatment
of the Arapahoes and Cheyennes by the citizens of Denver City and the
adjacent towns, they respectfully request that the proprietors of said city and
adjacent towns be admitted by the United States government to enter a
sufficient quantity of land to include said city and towns at the minimum price
of $1 25 per acre."
[p41]
Large and flourishing cities had been built on the Indian lands, in open
violation of our treaty. Town lots were being sold, not by the acre, but by the
front foot. Rich mines had been opened in the mountains, and through the
streets of these young cities poured the streams of golden wealth. This had
once been Indian property. If the white man in taking it was "kind" to the
savage, this at least carried with it some honor, and deserves to be
remembered. By some it may be thought that a more substantial return might
well have been made. By others it may be imagined that the property of the
Indians and the amiable courtesies of the whites were just equivalents. But
"kind treatment" here was estimated at more than the Indians could give. It
was thought to deserve something additional at the hands of the government,
and the sites of cities at $1 25 per acre was perhaps as reasonable as could be
expected. If the absolute donation of cities already built would secure justice,
much less kindness to the red man, the government cold make the gift and save
its millions of treasure.
[p42]
When the treaty came to the Senate, the 11th article was stricken out; but it
would be unjust to suppose that this action was permitted to influence in the
least future treatment by the whites. From this time until the 12th of April,
1864, these Indians were confessedly at peace. On that day a man by the name
of Ripley, a ranchman, came into Camp Sanborn, on the South Platte, and
stated that the Indians had taken his stock; he did not know what tribe. He
asked and obtained of Captain Sanborn, the commander of the post, troops for
the purpose of pursuit. Lieutenant Dunn, with 40 men, were put under the
guide of this man, Ripley, with instructions to disarm the Indians found in
possession of Ripley's stock. Who or what Ripley was we know not. That he
owned stock we have his own word -- the word of no one else. During the day
Indians were found. Ripley claimed some of the horses. Lieutenant Dunn
ordered the soldiers to stop the herd, and ordered the Indians to come forward
and talk with him. Several of them rode forward, and when within six or eight
feet Dunn ordered his men to dismount and disarm the Indians. The Indians of
course resisted, and a fight ensued. What Indians they were he knew not; from
bows and arrows found, he judged them to be Cheyennes.
[p43]
Dunn getting the worst of the fight, returned to camp, obtained a guide and a
remount, and next morning started again. In May following, Major Downing,
of all the 1st Colorado cavalry, went to Denver and asked Colonel Chivington
to give him a force to move against the Indians, for what purpose we do not
know. Chivington gave him the men, and the following are Downing's own
words: "I captured an Indian and required him to go to the village or I would
kill him. This was about the middle of May. We started about 11 o'clock in
the day, traveled all day and all that night; about daylight I succeeded in
surprising the Cheyenne village of Cedar Bluffs, in a small canon about 60
miles north of the South Platte river. We commenced shooting. I ordered the
men to commence killing them. They lost, as I am informed, some 26 killed
and 30 wounded. My own loss was one killed and one wounded. I burnt up
their lodges and everything I could get hold of. I took no prisoners. We got
out of ammunition and could not pursue them."
[p44]
In the camp, the Indians had their women and children. He captured 100
ponies, which, the officer says, "were distributed among the boys, for the
reason that they had been marching almost constantly day and night for nearly
three weeks." This was done because such conduct "was usual," he said "in
New Mexico." About the same time Lieutenant Ayres, of the Colorado troops,
had a difficulty, in which an Indian chief under a flag of truce was murdered.
During the summer and fall occurrences of this character were frequent. Some
time during the fall, Black Kettle and other prominent chiefs of the Cheyenne
and Arapaho nations sent word to the commander at Fort Lyon that the war had
been forced upon them and they desired peace. They were then upon their own
reservation. The officer in command, Major E.W. Wynkoop, 1st Colorado
cavalry, did not feel authorized to conclude a treaty with them, but gave them a
pledge of military protection until an interview could be procured with the
governor of Colorado, who was superintendent of Indian affairs. He then
proceeded to Denver with seven of the leading chiefs to see the governor.
Colonel Chivington was present at the interview. Major Wynkoop, in his
sworn testimony before a previous commission, thus relates the action of the
governor when he communicated the presence of the chiefs seeking peace:
"He (the governor) intimated that he was sorry I had brought them: that he
considered he had nothing to do with them; that they had declared war against
the United States, and he considered them in the hands of the military
authorities; that he did not think it was policy anyhow to make peace with them
until they were properly punished, for the reason that the United States would
be acknowledging themselves whipped." Wynkoop further states that the
governor said the 3d regiment of Colorado troops had been raised on his
representations at Washington, to kill Indians, and Indians they must kill."
Wynkoop then ordered the Indians to move their villages nearer to the fort, and
bring their women and children, which was done. In November this officer
was removed, and Major Anthony, of the 1st Colorado cavalry, ordered to take
command of the fort. He too assured the Indians of safety. They numbered
about 500, men, women, and children. It was here, under the pledge of
protection, that they were slaughtered by the 3d Colorado and a battalion of the
1st Colorado cavalry under command of Colonel Chivington. He marched
from Denver to Fort Lyon, and about daylight in the morning of the 29th of
November surrounded the Indian camp and commenced an indiscriminate
slaughter. The particulars of this massacre are too well known to be repeated
here with all its heartrendering scenes. It is enough to say that it scarcely has
its parallel in the records of Indian barbarity. Fleeing women, holding up their
hands and praying for mercy, were brutally shot down; infants were killed and
scalped in derision; men were tortured and mutilated in a manner that would
put to shame the savage ingenuity of interior Africa.
[p45]
No one will be astonished that a war ensued which cost the government
$30,000,000, and carried conflagration and death to the border settlements.
During the spring and summer of 1865 no less than 8,000 troops were
withdrawn from the effective force engaged in suppressing the rebellion to
meet this Indian war. The result of the year's campaign satisfied all reasonable
men that war with Indians was useless and expensive. Fifteen or twenty
Indians had been killed, at an expense of more than a million dollars apiece,
while hundreds of our soldiers had lost their lives, many of our border settlers
had been butchered, and much property destroyed. To those who reflected on
the subject, knowing the facts, the war was something more than useless and
expensive; it was dishonorable to the nation, and disgraceful to those who had
originated it.
[p46]
When the utter futility of conquering a peace was made manifest, to
everyone, and the true cause of the war began to be developed, the country
demanded that peaceful agencies should be resorted to. Generals Harney,
Sanborn, and others were selected as commissioners to procure a council of the
hostile tribes, and in October, 1865, they succeeded in doing so at the mouth of
the Little Arkansas. At this council the Cheyennes and Arapahoes were
induced to relinquish their reservation on the upper Arkansas and accept a
reservation partly in southern Kansas and partly in he Indian territory, lying
immediately south of Forts Larned and Zarah. The object was to remove them
from the vicinity of Colorado.
[p47]
By the third article of the treaty it was agreed that until the Indians were
removed to their new reservation they were "expressly permitted to reside upon
and range at pleasure throughout the unsettled portions of that part of the
country that claim as originally theirs, which lies between the Arkansas and the
Platte rivers." This hunting ground reserved is the same which is described in
the treaty of 1851, and on which they yet claim the right to hunt as long as the
game shall last. When this treaty came to the Senate for ratification it was so
amended as to require the President to designate for said tribes a reservation
outside of the State of Kansas, and not within any Indian reservation except
upon consent of the tribes interested. As the reservation fixed was entirely
within the State of Kansas and the Cherokee country, this provision deprived
them of any home at all, except the hunting privilege reserved by the treaty.
This statement, if not illustrative of the manner in which Indian rights are
secured by our legislators, may at least call for greater vigilance in the future.
Agreements were made at the same time with the Kiowas, Comanches, and
Apaches.
[p48]
So soon as these treaties were signed, the war which had been waged for nearly
two years instantly ceased. Travel was again secure on the plains. What 8,000
troops had failed to give, this simple agreement, rendered nugatory by the
Senate, and bearing nothing but a pledge of friendship, obtained. During the
summer, fall, and winter of 1866, comparative peace prevailed. General
Sherman, during this time, traveled without escort to the most distant posts of
his command, and yet with a feeling of perfect security.
[p49]
To say that no outrages were committed by the Indians would be claiming for
them more than can be justly claimed for the most moral and religious
communities. Many bad men are found among the whites; they commit
outrages despite all social restraints; they frequently, too, escape punishment.
Is it to be wondered at that Indians are no better than we? Let us go to our best
cities, where churches and schoolhouses adorn every square; yet unfortunately
we must keep a policeman at every corner, and scarcely a night passes but, in
spite of refinement, religion, and law, crime is committed. How often, too, it is
found impossible to discover the criminal. If, in consequence of these things,
war should be waged against these cities, they too would have to share the fate
of Indian villages.
[p50]
The Sioux war on the Powder river, to which we shall hereafter allude,
commenced in July, 1866. When it commenced General St. George Cook, in
command at Omaha, forbade within the limits of his command the sale of arms
and ammunition to Indians. The mere existence of an Indian war on the north
Platte aroused apprehensions of danger on the Arkansas. The Cheyennes of the
north and south are related, and, though living far apart, they frequently visit
each other. Many of the northern Sioux, desiring to be peaceable (as they
allege,) on the breaking out of hostilities in the north, came south, some to the
vicinity of the Republican, and others as far south as Fort Larned. Their
appearance here excited more or less fear among the traders and freighters on
the plains. These fears extended to the settlements, from which they were
reflected back to the military posts. The commanders became jealous and
watchful. Trifles, which under ordinary circumstances would have passed
unnoticed, were received as conclusive of the hostile purposes of these tribes.
Finally, in December, Fetterman's party were killed at Fort Phil. Kearney, and
the whole country became thrilled with horror. It is thus that the Indian in war
loses the sympathy of mankind. That he goes to war is not astonishing; he is
often compelled to do so. Wrongs are borne by him in silence that never fail to
drive civilized men to deeds of violence. When he is our friend he will
sometimes sacrifice himself in your defense. When he is your enemy he
pushes his enmity to the excess of barbarity. This shocks the moral sense and
leaves him without defenders.
[p51]
When the news of this terrible calamity reached the Arkansas posts, the traders
here too were prohibited from selling the Indians arms. Major Douglas, of the
3d infantry, as early as the 13th of January, 1867, communicated his fears to
Major General Hancock. He pointed to no single act of hostility, but gave the
statement of Kicking Bird, a rival chief of Satanta among the Kiowas, that
Santanta talked of war and said he would commence when the grass grew in
the spring.
[p52]
On the 16th of February Captain Smith, of the 19th infantry, in command of
Fort Arbuckle, reports to General Ord at Little Rock, which is at once
forwarded to the department of the Missouri, that a Negro child and some stock
had been taken off by the Indians before he took command. His informant was
one Jones, an interpreter. In this letter he uses the following significant
language: "I have the honor to state further, that several other tribes than the
Comanches have lately been noticed on the war path, having been seen in their
progress in unusual numbers, and without their squaws and children, a fact to
which much significance is attached by those conversant with Indian usages. It
is thought by many white residents of the territory that some of these tribes
may be acting in concert, and that plundering incursions are at least in
contemplation."
[p53]
After enumerating other reports of wrongs, (coming perhaps from Jones,) and
drawing inferences therefrom, he closes by saying that he has deferred to the
views of white persons who, from long residence among the Indians, "are
competent to advise him," and that his communication "is more particularly the
embodiment of their views." As it embodied the views of others, it may not be
surprising that a re-enforcement of ten additional companies was asked for his
post.
[p54]
Captain Asbury, at Fort Larned, also reported that a small party of Cheyennes
had compelled a ranchman named Parker, near that post, to cook supper for
them, and then threatened to kill him because he had no sugar. He escaped,
however, to tell the tale. Finally, on the 9th of February, one FF. Jones, a
Kiowa interpreter, files with Major, at Fort Dodge, an affidavit that he had
recently visited the Kiowa camp in company with Major Page and John E.
Tappan, on a trading expedition. That the Indians took from them flour, sugar,
rice, and apples. That they threatened to shoot Major Page because he was a
soldier, and tried to kill Tappan. That they shot at him (Jones) and missed him,
(which in the sequel may be regarded as a great misfortune.) He stated that the
Indians took their mules, and that Satanta requested him to say to Major
Douglas that he demanded the troops and military posts should at once be
removed from the country, and also that the railroads and mail-stages must be
immediately stopped. Satanta requested him to tell Douglas that his own stock
was getting poor, and hoped the government stock at the post would be well
fed, as he would be over in a few days to get it. But the most startling of the
statements communicated by Jones on this occasion was that a war party came
in, while he was at the camp, bringing with them 200 horses and the scalps of
17 Negro soldiers and 1 white man. This important information was promptly
despatched to General Hancock at Fort Leavenworth, and a short time
thereafter he commenced to organize the expedition which subsequently
marched to Pawn Fork and burned the Cheyenne village.
[p55]
On the 11th of March following, General Hancock addressed a letter to
Wynkoop, the agent of the Cheyennes and Arapahoes, that "he had about
completed arrangements for moving a force to the plains." He stated that his
object was to show the Indians that he was "able to chastise any tribes who may
molest people traveling across the plains." Against the Cheyennes he
complained, first, that they had not delivered the Indian who killed a New
Mexican at Fort Sarah, and, second, he believed he had "evidence sufficient to
fix upon the different bands of that tribe, whose chiefs are known, several of
the outrages committed on the Smoky Hill last summer." He requested the
agent to tell them he came "prepared for peace or war," and that hereafter he
would "insist upon their keeping off the main lines of travel, where their
presence is calculated to bring about collisions with the whites." This, it will
be remembered, was their hunting ground, secured by treaty. On the same day
he forwarded a similar communication to J.H. Leavenworth, agent for the
Kiowas and Comanches. The complaints he alleges against them are precisely
the same contained in the affidavit and statement of Jones and the letter of
Captain Asbury.
[p56]
The expedition left Fort Larned on the 13th of April, and proceeded up the
Pawnee fork of the Arkansas, in the direction of a village of 1,000 or 1,500
Cheyennes and Sioux. When he came near their camp the chiefs if visited him,
as they had already done at Larned, and requested him not to approach the
camp with his troops, for the women and children, having the remembrance of
Sand creek, would certainly abandon the village. On the 14th he resumed his
march with cavalry,infantry, and artillery, and, when about ten miles from their
village, he was again met by the headman, who stated that they would treat
with him there or elsewhere, but they could not, as requested by him, keep their
women and children in camp he approached with soldiers. He informed them
that he would march up to within a mile of the village, and treat with them that
evening. As he proceeded the women fled, leaving the village with all their
property. The chiefs and a part of the young men remained. To some of these,
visiting the camp of General Hancock, horses were furnished to bring back the
women. The horses were returned, with word that the women and children
could not be collected. It was then night. Orders were then given to surround
the village and capture the Indians remaining. The order was obeyed, but the
chiefs and warriors had departed. The only persons found were an old Sioux
and an idiotic girl of eight or nine years of age. It afterwards appeared that the
person of this girl had been violated, from which she soon died. The Indians
were gone, and the report spread that she had been a captive among them, and
they had committed this outrage before leaving. The Indians say that she was
an idiotic Cheyenne girl, forgotten in the confusion of flight, and if violated, it
was not by them.
[p57]
The next morning General Custer, under orders, stated in pursuit of the Indians
with his calvary, and performed a campaign of great labor and suffering,
passing over a vast extent of country, but seeing no hostile Indians. When the
fleeing Indians reached the Smoky Hill they destroyed a station and killed
several men. A courier having brought this intelligence to General Hancock,
he at once ordered the Indian village, of about 300 lodges, together with the
entire property of the tribes, to be burned.
[p58]
The Indian now became an outlaw -- not only the Cheyennes and Sioux, but all
the tribes on the plains. The superintendent of an express company, Cottrell,
issued a circular order to the agents and employees of the company in the
following language: "You will hold no communications with Indians
whatever. If Indians come within shooting distance, shoot them. Show them
no mercy, for they will show you none." This was in the Indian country. He
closes by saying: "General Hancock will protect you and our property."
[p59]
Whether war existed previous to that time seems to have been a matter of
doubt even with General Hancock himself. From that day forward no doubt on
the subject was entertained by anybody. The Indians were then fully aroused,
and no more determined war has ever been waged by them. The evidence
taken tends to show that we have lost many soldiers, besides a larger number of
settlers, on the frontier. The most valuable trains belonging to individuals, as
well as to government, among which was a government train of ammunition,
were captured by those wild horsemen. Stations were destroyed. Hundreds of
horses and mules were taken, and found in their possession when we met them
in council; while we are forced to believe that their entire loss since the
burning of their village consists of six men killed.
[p60]
The Kiowas and Comanches, it will be seen, deny the statement of Jones in
every particular. They say that no war party came in at the time stated, or at
any other time, after the treaty of 1865. They deny that they killed any Negro
soldiers, and positively assert that no Indian was ever known to scalp a Negro.
In the latter statement they are corroborated by all the tribes and by persons
who know their habits; and the records of the adjutant general's office fail to
show the loss of the 17 Negro soldiers, or any soldiers at all. They deny having
robbed Jones or insulted Page or Tappan. Tappan's testimony was taken, in
which he brands the whole statement of Jones as false, and declares that both
he and Page so informed Major Douglas within a few days after Jones made his
affidavit. We took the testimony of Major Douglas, in which he admits the
correctness of Tappan's statement, but, for some reason unexplained, he failed
to communicate the correction to General Hancock. The threats to take the
horses and attack the posts on the Arkansas were made in a vein of jocular
bravado, and not understood by any one present at the time to possess the least
importance. The case of the Box family has already been explained, and this
completes the case against the Kiowas and Comanches, who are exculpated by
the united testimony of all the tribes from any share in the late troubles.
[p61]
The Cheyennes admit that one of their young men in a private quarrel, both
parties being drunk, killed a New Mexican at Fort Zarah. Such occurrences are
so frequent among the whites on the plains that ignorant Indians might be
pardoned for participating, if it be done merely to evidence their advance in
civilization. The Indians claim that the Spaniard was in fault, and further
protest that no demand was ever made for the delivery of the Indian.
[p62]
The Arapahoes admit that a party of their young men, with three young
warriors of the Cheyennes, returning from an excursion against the Utes,
attacked the train of Mr. Weddell, of New Mexico, during the month of March,
and they were gathering up the stock when the war commenced.
[p63]
Though this recital should prove tedious, it was thought necessary to guard the
future against the errors of the past. We would not blunt the vigilance of
military men in the Indian country, but we would warn them against the acts of
the selfish and unprincipled, who need to be watched as well as the Indian.
The origin and progress of this war are repeated in nearly all Indian wars. The
history of one will suffice for many.
[p64]
Nor would we be understood as conveying a censure of General Hancock for
organizing this expedition. He had just come to the department, and
circumstances were ingeniously woven to deceive him. His distinguished
services in another field of patriotic duty had left him but little time to become
acquainted with the remote or immediate causes producing these troubles. If
he erred, he can very well roll a part of the responsibility on others; not alone
on subordinate commanders, who were themselves deceived by others, but on
those who were able to guard against the error and yet failed to do it. We have
hundreds of treaties with the Indians, and military posts are situated
everywhere on their reservations. Since 1837 these treaties have not been
compiled, and no provision is made, when a treaty is proclaimed, to furnish it
to the commanders of posts, departments, or divisions. This is the fault of
Congress.
[p65]
As early as November, 1866, and long before the late war commenced,
Lieutenant General Sherman, in his annual report to General Grant, indicated
an Indian policy for the plains. He proposed, with the consent of the Secretary
of War and the Secretary of the Interior, to restrict the Sioux north of the Platte,
and east and west of certain lines, and "to deal summarily" with all found
outside of those lines without a military pass. He then proceeds to say, "In like
manner I would restrict the Arapahoes, Cheyennes, Comanches, Kiowas,
Apaches, and Navajoes south of the Arkansas and cast of Fort Union. This
will leave for our people exclusively the use of the wide belt east and west,
between Platte and the Arkansas, in which lie the two great railroads over
which passes the bulk of the travel to the mountain territories." He further
says: "I beg you will submit this proposition to the honorable Secretary of the
Interior, that we may know we do not violate some one of the solemn treaties
made with these Indians, who are very captious, and claim to the very letter the
execution of our part of those treaties, the obligations of which they seem to
comprehend perfectly." On the 15th of January this suggestion was
communicated by General Grant to the Secretary of War, with the following
remarks: "I approve this proposition of General Sherman, provided it does not
conflict with our treaty obligations with the Indians now between the Platte and
Arkansas."
[p66]
We have already shown that such a proposition was directly in the face of our
treaty with the Cheyennes, Arapahoes, and Apaches. It is true that a
communication of the then Commissioner of Indian Affairs on the subject to
the Secretary of the Interior, dated January 15, 1867, was forwarded to the
Senate and published by that body; but if any response was ever sent to General
Sherman, informing him of existing treaty rights, we are not advised of it.
Here, then, the responsibility attaches to the cabinet. A question of such vital
importance should have been examined, and a prompt answer communicated
to the officer asking the information. When officers are thus left to move in
the dark, blunders are not theirs alone.
[p67]
A few words only can be given to the origin of the Powder River war. This is
partly in the country conceded to the Crows, and partly in that conceded to the
Sioux by the treaty of 1851. The Sioux have gradually driven the Crows back
upon the headwaters of the Yellowstone, in Montana, and claim as a conquest
almost the entire country traversed by what is called the Powder River route to
Montana. It will be recollected that the treaty of 1851 ceased to be operative in
1866. The annunities had been distributed, or rather appropriations therefor
had been made for the last five years of the term, under the amendment of the
Senate heretofore referred to.
[p68]
The Indians were apprised, of course, that after that year they must look to their
own exertions for subsistence. Since 1851, they had seen Colorado settled on
the south, and Montana rapidly riling up to the north, leaving them no valuable
hunting grounds of their ancient domain, except along Powder river and other
tributaries of the Yellowstone. While the luxuriant growth of grass in this
region made it desirable as an Indian hunting ground, it also rendered it
inviting to the gold hunter as a route to the new mines of Montana.
[p69]
These Indians have never founded the title to their lands upon the treaty of
1851. They have looked upon that treaty as a mere acknowledgment of a
previously existing right in themselves. The assignment of boundaries, they
supposed, was merely to fix rights among the tribes -- to make certain what
was uncertain before. It is true, that by said treaty they "recognized" the right
of the United States to establish roads and military posts. But it is equally true
that in lieu of this privilege the United States was to pay them $50,000 per
annum for 50 years. The Senate reduced the term to 10 years, and the Indians
never having ratified the amendment, they have some right to claim, when the
annuities are stopped at the end of 15 years a release from their obligations in
this behalf.
[p70]
The proper plan would have been to show some respect to their claims -- call
them pretensions, if you please --as also some regard for their wants, by
entering into new relations with them. This, however, was not done. The
Indian, who had stood by and seen the stream of population pouring over his
lands to California, Utah, Oregon, and Montana, for so many years, began now,
when thrown back by the government upon his own resources, to seek some
place where he might be secure from intrusion.
[p71]
But just at this moment, the war of the rebellion being over, thousands of our
people turned their faces toward the treasures of Montana. The stories in
regard to its mines eclipsed those fabulous tales that frenzied the Spaniard in
Mexico. The Indian as forgotten. His rights were lost sight of in the general
rush to these fountains of wealth. It seemed not to occur to any one that this
poor despised red man was the original discoverer, and the sole occupant for
many centuries, of every mountain seamed with quartz, and of every stream
whose yellow sands glistened in the noonday sun. These mountains and
streams, where gold is found, had all been taken from him. He asked to retain
only a secluded spot, where the buffalo and the elk could live, and that spot he
would make his home.
[p72]
This could not be granted him. It lay on the route to these quartz mountains
and Pactolian streams. The truth is, no place, was left for him. Every inch of
the land "belongs to the saints, and we are the saints."
[p73]
On the 10th of March, 1866, General Pope, then commanding the department
of the Missouri, issued an order to establish military posts "near the base of Big
Horn mountain," and "on or near the upper Yellowstone," on the new route to
Montana. On the 23d of June, orders were issued from headquarters
department of the Platte, directing a part of the 18th infantry to garrison Forts
Reno, Phil. Kearney, and C.F. Smith. Colonel Carrington was placed in
command of this new organization, called the "mountain district."
[p74]
Phil. Kearney was established July 15th, and C.F. Smith August 3d. The
Indians notified the troops that the occupation of their country would be
resisted. The warning was unheeded.
[p75]
An attempt was made during that summer, by the Interior Department, to stop
the threatened war by negotiation. The Indians, in counsel, demanded the
evacuation of the country before treating. This cold not be granted, because the
civil and military department of our government cannot, or will not, each other.
Some of the chiefs reluctantly submitted and signed the treaty, but Red Cloud
retired from the council, placing his hand upon his rifle saying, "In this and the
Great Spirit I trust for the right."
[p76]
In a few weeks the fires of war blazed along the entire length of this new route.
So far from securing emigrant travel, the forts themselves were besieged; the
mountains swarmed with Indian warriors; the valleys seemed to be covered by
them. Wood and hay were only procured at the end of a battle. Matters grew
worse until the 21st of December, when a wood party being attacked, a re-
enforcement under Lieutenant Colonel Fetterman was sent out, and a fight
ensued in which every man of our forces was killed. This is called the
massacre of Fort Phil. Kearney.
[p77]
As we have already stated, the Indians yet demand the surrender of this country
to them. But they have agreed to suspend hostilities and meet commissioners
next spring to treat of their alleged rights, without insisting on the previous
withdrawal of the garrisons. Whether they will then insist on the abandonment
of the route we cannot say. Of one thing we are satisfied -- that so long as the
war lasts the road is entirely useless to emigrants. It is worse than that; it
renders other routes insecure, and endangers territorial settlements. It is said
that a road to Montana, leaving the Pacific railroad further west and passing
down the valley west of the Big Horn mountains, is preferable to the present
route. The Indians present no objection to such a road, but assure us that we
may travel it in peace.
[p78]
If it be said that the savages are unreasonable, we answer, that if civilized they
might be reasonable. At least they would not be dependent on the buffalo and
the elk; they would no longer want a country exclusively for game, and the
presence of the white man would become desirable. If it be said that because
they are savages they should be exterminated, we answer that, aside from the
humanity of the suggestion, it will prove exceedingly difficult, and if money
considerations are permitted to weigh, it costs less to civilize than to kill.
[p79]
In making treaties it was enjoined on us to remove, is possible, the causes of
complaints on the part of the Indians. This would be no easy task. We have
done the best we could under the circumstances, but it is now rather late in the
day to think of obliterating from the minds of the present generation the
remembrance of wrong. Among civilized men war usually springs from a
sense of injustice. The best possible way then to avoid war is to do no act of
injustice. When we learn that the same rule holds good with Indians, the chief
difficulty is removed. But it is said our wars with them have been almost
constant. Have we been uniformly unjust? We answer unhesitatingly yes. We
are aware that the masses of our people have felt kindly toward them, and the
legislation of Congress has always been conceived in the best intentions, but it
has been erroneous in fact or perverted in execution. Nobody pays any
attention to Indian matters. This is a deplorable fact. Members of Congress
understand the Negro question, and talk learnedly of finance and other
problems of political economy, but when the progress of settlement reaches the
Indian's home, the only question considered is, "how best to get his lands."
When they are obtained, the Indian is lost sight of. While our missionary
societies and benevolent associations have annually collected thousands of
dollars from the charitable, to be sent to Asia and Africa for the purposes of
civilization, scarcely a dollar is expended or a thought bestowed on the
civilization of Indians at our very doors. Is it because the Indians are not worth
the effort at civilization? Or is it because our people, who have grown rich in
the occupation of their former lands -- too often taken by force or procured by
fraud -- will not contribute? It would be harsh to insinuate that covetous eyes
have possibly been set on their remaining possessions, and extermination
harbored as a means of accomplishing it. A we know that our legislators and
nine-tenths of our people are actuated by no such spirit, would it not be well to
so regulate our future conduct in this matter as to exclude the possibility of so
unfavorable an inference?
[p80]
We are aware that it is an easy task to condemn the errors of former times, as
well as a very thankless one to criticize those of the present; but the past policy
of the government has been so much at variance with our ideas of treating this
important subject, that we hope to be indulged in a short allusion to it.
[p81]
The wave of our population has been from the east to the west. The Indian was
found on the Atlantic seaboard, and thence to the Rocky mountains lived
numerous distinct tribes, each speaking a language as incomprehensible to the
other as was our language to any of them. As our settlements penetrated the
interior, the border came in contact with some Indian tribe. The white and
Indian must mingle together and jointly occupy the country, or one of them
must abandon it. If they could have lived together, the Indian by this contact
would soon have become civilized and war would have been impossible. All
admit this would have been beneficial to the Indian. Even if we thought it
would not have been hurtful to the white man, we would not venture on such
an assertion, for we know too well his pride of race. But suppose it had proved
a little inconvenient as well as detrimental, it is questionable whether the policy
adopted has not been more injurious. What prevented their living together?
First. The antipathy of race. Second. The difference of customs and manners
arising from their tribal or clannish organizations. Third. The difference in
language, which in a great measure barred intercourse and a proper
understanding each of the other's motives and intentions.
[p82]
Now, by educating the children of these tribes in the English language these
differences would have disappeared and civilization would have followed at
once. Nothing then would have been left but the antipathy of race, and that too
is always softened in the beams of a higher civilization.
[p83]
Naturally the Indian has many noble qualities. He is the very embodiment of
courage. Indeed, at times he seems insensible of fear. If he is cruel and
revengeful, it is because he is outlawed and his companion is the wild beast.
Let civilized man be his companion, and the association warms into life virtues
of the rarest worth. Civilization has driven him back from the home he loved;
it has often tortured and killed him, but it never could make him a slave. As
we have had so little respect for those we did enslave, to be consistent, this
element of Indian character should challenge some admiration.
[p84]
But suppose, when civilized, our pride had still rejected his association, we
could at least have removed the causes of war by giving him a home to himself,
where he might, with his own race, have cultivated the arts of peace. Through
sameness of language is produced sameness of sentiment and thought; customs
and habits are molded and assimilated in the same way, and thus in process of
time the differences producing trouble wold have been gradually obliterated.
By civilizing one tribe others wold have followed. Indians of different tribes
associate with each other on terms of equality; they have not the Bible, but
their religion, which we call superstition, teaches them that the Great Spirit
made us all. In the difference of language to-day lies two-thirds of our
troubles.
[p85]
Instead of adopting the plan indicated, when the contact came the Indian had to
be removed. He always objected, and went with a sadder heart. His hunting
grounds are as dear to him as is the home of his childhood to the civilized man.
He too loves the streams and mountains of his youth; to be forced to leave
them breaks those tender chords of the heart which vibrate to the softer
sensibilities of human nature, and dries up the fountains of benevolence and
kindly feeling, without which there is no civilization.
[p86]
It is useless to go over the history of Indian removals. If it had been done but
once, the record would be less revolting: from the eastern to the middle States,
from there to Illinois and Wisconsin, thence to Missouri and Iowa, thence to
Kansas, Dakota, and the plains; whither now we cannot tell. Surely the policy
was not designed to perpetuate barbarism, but such has been its effect. The
motives prompting these removals are too well known to be noticed by us. If
the Indians were now in a fertile region of country, the difficulty would be less;
they would not have to be removed again. But many of them are beyond the
region of agriculture, where the chase is a necessity. So long as they have to
subsist in this way civilization is almost out of the question. If they cold now
be brought back into the midst of civilization instead of being pushed west,
with all its inconveniences, it might settle the problems sooner than in any
other way; but were we prepared to recommend such a scheme, the country is
not prepared to receive it, nor would the Indians themselves accept it.
[p87]
But one thing then remains to be done with honor to the nation, and that is to
select a district or districts of country, as indicated by Congress, on which all
the tribes east of the Rocky mountains may be gathered. For each district let a
territorial government be established, with powers adapted to the ends
designed. The governor should be a man of unquestioned integrity and purity
of character; he should be paid such salary as to place him above temptation;
such police or military force should be authorized as would enable him to
command respect and keep the peace; agriculture and manufactures should be
introduced among them as rapidly as possible; schools should be established
which children should be required to attend; their barbarous dialects should be
blotted out and the English language substituted. Congress may from time to
time establish courts and other institutions of government suited to the
condition of the people. At first it may be a strong military government; let it
be so if thought proper, and left offenders be tried by military law until civil
courts would answer a better purpose. Let farmers and mechanics, millers and
engineers be employed and sent among them for purposes of instruction; then
let us invited our benevolent societies and missionary associations to this field
of philanthropy nearer home. The object of greatest solicitude should be to
break down the prejudices of tribe among the Indians; to blot out the boundary
lines which divide them into distinct nations, and fuse them into one
homogeneous mass. Uniformity of language will do this -- nothing else will.
As this work advances each head of a family should be encouraged to select
and improve a homestead. Let the women be taught to weave, to sew, and to
knit. Let polygamy be punished. Encourage the building of dwellings, and the
gathering there of those comforts which endear the home.
[p88]
The annuities should consist exclusively of domestic animals, agricultural and
mechanical implements, clothing, and such subsistence only as is absolutely
necessary to support them in the earliest stages of the enterprise. Money
annuities, here and elsewhere, should be abolished forever. These more than
anything else have corrupted the Indian service, and brought into disgrace
officials connected with it. In the course of a few years the clothing and
provision annuities also may be dispensed with. Mechanics and artisans will
spring up among them, and the whole organization , under the management of
a few honest men, will become self-sustaining.
[p89]
The older Indians at first will be unwilling to confine themselves to these
districts. They are inured to the chase and they will not leave it. The work
may be of slow progress, but it must be done. If our ancestors had done it, it
would not have to be done now; but they did not, and we must meet it. Aside
from extermination, this is the only alternative now left us. We must take the
savage as we find him, or rather as we have made him. We have spent 200
years in creating the present state of things. If we can civilize in 25 years, it
will be a vast improvement on the operations of the past. If we attempt to force
the older Indians from the chase, it will involve us in war. The younger ones
will follow them into hostility, and another generation of savages will succeed.
When the buffalo is gone the Indians will cease to hunt. A few years of peace
and the game will have disappeared. In the mean time, by the plan suggested
we will have formed a nucleus of civilization among the young that will
restrain the old and furnish them a home and subsistence when the game is
gone.
[p90]
The appeal of these old Indians is irresistible. They say, "We know nothing
about agriculture. We have lived on game from infancy. We love the chase.
Here are the wide plains over which the vast herds of buffalo roam. In the
spring they pass from south to north, and in the fall return, traversing thousands
of miles. Where they go you have no settlements; and if you had, there is room
enough for us both. Why limit us to certain boundaries, beyond which we shall
not follow the game? If you want the lands for settlement, come and settle
them. We will not disturb you. You may farm and we will hunt. You love the
one, we love the other. If you want game we will share it with you. If we want
bread, and you have it to spare, give it to us; but do not spurn us from your
doors. Be kind to us and we will be kind to you. If we want ammunition, give
or sell it to us. We will not use it to hurt you, but pledge you all we have, our
word, that at the risk of our own we will defend your lives."
[p91]
If Congress should adopt these suggestions, the only question remaining is,
whether there shall be one or two territories. Under all the circumstances we
would recommend the selection of two, and locate them as follows, viz:
[p92]
First, the territory bounded north by Kansas, east by Arkansas and Missouri,
south by Texas, and west by the 100th or 101st meridian.
[p93]
In this territory the Cherokees, Creeks, Choctaws, and others of the civilized
tribes already reside. In process of time others might gradually be brought in,
and in the course of a few years we might safely calculate on concentrating
there the following tribes, to wit:
| Present Population. | |
| Cherokees | 14,000 |
| Creeks | 14,396 |
| Choctaws | 12,500 |
| Chickasaws | 4,500 |
| Seminoles | 2,000 |
| Osages | 3,000 |
| Wichitas, (various tribes) | 3,508 |
| Kiowas and Comanches | 14,800 |
| Cheyennes, Arapahoes, and Apaches. | 4,000 |
| Pottawatomies | 1,992 |
| Kansas Indians (various tribes) | 4,039 |
| Navajoes of New Mexico | 7,700 |
| ______ | |
| Total | 86,425 |
[p94]
It will be seen that we include in this estimate the Kansas Indians and number
them at their full population. We learn that treaties are now pending before the
Senate for the removal of all the Indians in that State. Among these Indians are
many upright, moral, and enlightened men, and our policy, as already
indicated, would be to have them take lands in severalty on their present
reservations, selling the remainder, and be coming incorporated among the
citizens of the State.
[p95]
The second district might be located as follows, viz: the territory bounded
north by the 46th parallel, east by the Missouri river, south by Nebraska, and
west by the 104th meridian.
[p96]
If the hostile Sioux cannot be induced to remove from the Powder river a
hunting privilege may be extended to them for a time, while the nucleus of
settlement may be forming on the Missouri, the White Earth, or Cheyenne
river. To prevent war, if insisted on by the Sioux, the western boundary might
be extended to the 106th or even the 107th meridian for the present.
[p97]
The following tribes might in a reasonable time be concentrated on this
reservation, to wit:
| Yancton Sioux | 2,530 |
| Poncas | 980 |
| Lower Brulés. | 1,200 |
| Lower Yanctonais | 2,100 |
| Two Kettles | 1,200 |
| Blackfeet | 1,320 |
| Minneconjoux | 2,220 |
| Unepapas | 1,800 |
| Ogallallas | 2,100 |
| Upper Yanctonais | 2,400 |
| Sans Ares | 1,680 |
| Arickarees | 1,500 |
| Gros-Ventres | 400 |
| Mandans | 400 |
| Assinaboines | 2,640 |
| Flatheads | 558 |
| Upper Pend d'Oreilles | 918 |
| Kootenays | 287 |
| Blackfeet | 2,450 |
| Piegans | 1,870 |
| Bloods | 2,150 |
| Gros-Ventres | 1,500 |
| Crows | 3,900 |
| Winnebagoes | 1,750 |
| Omahas | 998 |
| Ottoes | 511 |
| Brulé and Ogallalla Sioux | 7,865 |
| Northern Cheyennes | 1,800 |
| Northern Arapahoes | 750 |
| Santee Sioux | 1,350 |
| ________ | |
| Total | 54,126 |
[p98]
It may be advisable to let the Winnebagoes, Omahas, Ottoes, Santee Sioux,
and perhaps others, remain where they are, and finally become incorporated
with the citizens of Nebraska, as suggested in regard to the Kansas tribes.
[p99]
The next injunction upon us was to make secure our frontier settlements and
the building of our railroads to the Pacific. If peace is maintained with the
Indian, every obstacle to the spread of our settlements and the rapid
construction of the railroads will be removed. To maintain peace with the
Indian, let the frontier settler treat him with humanity, and railroad directors
see to it that he is not shot down by employees in wanton cruelty. In short, if
settlers and railroad men will treat Indians as they would treat whites under
similar circumstances, we apprehend but little trouble will exist. They must
acquaint themselves with the treaty obligations of the government, and respect
them as the highest law of the land. Instead of regarding the Indian as an
enemy, let them regard him as a friend, and they will almost surely receive his
friendship and esteem. If they will look upon him as an unfortunate human
being, deserving their sympathy and care, instead of a wild beast to be feared
and detested, then their own hearts have removed the chief danger.
[p100]
We were also required to suggest some plan for the civilization of Indians. In
our judgment, to civilize is to remove the causes of war, and under that head
we suggested a plan for civilizing those east of the mountains. But as it is
impracticable to bring within the two districts named all the Indians under our
jurisdiction, we beg the privilege to make some general suggestions, which
may prove beneficial to the service.
[p101]
1. We recommend that the intercourse laws with the Indian tribes be
thoroughly revised. They were adopted when the Indian bureau was connected
with the War Department. Since that time the jurisdiction has been transferred
to the Interior Department. This was done by simply declaring that the
authority over this subject, once exercised by the Secretary of War, should now
be exercised by the Secretary of the Interior. Some of the duties enjoined by
these laws are intimately connected with the War Department, and it is
questionable whether they were intended to be transferred to the Secretary of
the Interior. If they were so transferred, the military officers insist that the
command of the army is, pro tanto, withdrawn from them. If not
transferred, the Indian department insists that its powers are insufficient for its
own protection in the administration of its affairs. Hence the necessity of
clearly defining the line separating the rights and duties of the two
department.
[p102]
2. This brings us to consider the much mooted question whether the bureau
should belong to the civil or military department of the government. To
determine this properly we must first know what is to be the future treatment of
the Indians. If we intend to have war with them, the bureau should go to the
Secretary of War. If we intend to have peace, it should be in the civil
department. In our judgment, such wars are wholly unnecessary, and hoping
that the government and the country will agree with us, we cannot now advise
the change. It is possible, however, that, despite our efforts to maintain peace,
war may be forced on us by some tribe or tribes of Indians. In the event of
such occurrence it may be well to provide, in the revision of the intercourse
laws or elsewhere, at what time the civil jurisdiction shall cease and the
military jurisdiction begin. If thought advisable, also, Congress may authorize
the President to turn over to the military the exclusive control of such tribes as
may be continually hostile or unmanageable. Under the plan which we have
suggested the chief duties of the bureau will be to educate and instruct in the
peaceful arts -- in other words, to civilize the Indians. The military arm of the
government is not the most admirably adapted to discharge duties of this
character. We have the highest possible appreciation of the officers of the
army, and fully recognize their proverbial integrity and honor; but we are
satisfied that not one in a thousand would like to teach Indian children to read
and write, or Indian men to sow and reap. These are emphatically civil, and
not military, occupations. But it is insisted that the present Indian service is
corrupt, and this change should be made to get rid of the dishonest. That there
are many bad men connected with the service cannot be denied. The records
are abundant to show that gents have pocketed the funds appropriated by the
government and driven the Indians to starvation. It cannot be doubted that
Indian wars have originated from this cause. The Sioux war, in Minnesota, is
supposed to have been produced in this way. For a long time these officers
have been selected from partisan ranks, not so much on account of honesty and
qualification as for devotion to party interests, and their willingness to apply
the money of the Indian to promote the selfish schemes of local politicians.
We do not doubt that some such men may be in the service of the bureau now,
and this leads us to suggest:
[p103]
3. That Congress pass an act fixing a day (not later than the 1st of February,
1869) when the offices of all superintendents, agents, and special agents shall
be vacated. Such persons as have proved themselves competent and faithful
may be reappointed. Those who have proved unfit will find themselves
removed without an opportunity to divert attention from their own
unworthiness by provisions of party zeal.
[p104]
4, We believe the Indian question to be one of such momentous importance, as
it respects both the honor and interests of the nation, as to require for its proper
solution an undivided responsibility. The vast and complicated duties now
devolved upon the Secretary of the Interior leave him too little time to examine
and determine the multiplicity of questions necessarily connected with
government and civilization of a race. The same may be said of the Secretary
of War. As things now are, it is difficult to fix responsibility. When errors are
committed, the civil department blames the military; the military retort by the
charge of inefficiency or corruption against the officers of the bureau. The
Commissioner of Indian Affairs escapes responsibility by pointing to the
Secretary of the Interior, while the Secretary may well respond that, though in
theory he may be responsible, practically he is governed by the head of the
bureau. We, therefore, recommend that Indian affairs be committed to an
independent bureau or department. Whether the head of the department should
be made a member of the President's cabinet is a matter for the discretion of
Congress and yourself, and may be as well settled without any suggestions
from us.
[p105]
5. We cannot close this report without alluding to another matter calling for
the special attention of Congress. Governors of Territories are now ex
officio superintendents of Indian affairs within their respective
jurisdictions. The settlements in the new Territories are generally made on
Indian lands before the extinguishment of the Indian title. If difficulties ensue
between the whites and Indians, the governor too frequently neglects the rights
of the red man, and yields to the demand of those who have votes to promote
his political aspirations in the organization of the forthcoming State. Lest any
acting governor may suppose himself alluded to, we take occasion to disclaim
such intention. We might cite instances of gross outrage in the past, but we
prefer to base the recommendation upon general principles, which can be
readily understood.
[p106]
And in this connection we deem it of the highest importance that --
[p107]
6. No governor or legislature of States or Territories be permitted to call out
and equip troops for the purpose of carrying on war against Indians. It was
Colorado troops that involved us in the war of 1864-`65 with the Cheyennes. It
was a regiment of hundred-day men that perpetrated the butchery at Sand
creek, and took from the treasury millions of money. A regiment of Montana
troops, last September, would have involved us in an almost interminable war
with the Crows but for the timely intervention of the military authorities. If we
must have Indian wars, let them be carried on by the regular army, whose
officers are generally actuated by the loftiest principles of humanity, and the
honor of whose profession requires them to respect the rules of civilized
warfare.
[p108]
7. In reviewing the intercourse laws it would be well to prescribe anew the
conditions upon which persons may be authorized to trade. At present every
one trades with or without the authority of the bureau officers on giving a bond
approved by a judge of one of the district courts. Corrupt and dangerous men
thus find their way among the Indians, who cheat them in trade and sow the
seeds of dissension and trouble.
[p109]
8. New provisions should be made, authorizing and positively directing the
military authorities to remove white persons who persist in trespassing on
Indian reservations and unceded Indian lands.
[p110]
9. The Navajo Indians in New Mexico were for several years held as prisoners
of war at the Bosque Redondo, at a very great expense to the government.
They have now been turned over to the Interior Department, and must be
subsisted as long as they remain there. We propose that a treaty be made with
them, or their consent in some way obtained, to remove at an early day to the
southern district selected by us, where they may soon be made self-
supporting.
[p111]
10. A new commission should be appointed, or the present one be authorized
to meet the Sioux next spring, according to our agreement, and also to arrange
with the Navajoes for their removal. It might be well, also, in case our
suggestions are adopted in regard to selecting Indian territories, to extend the
powers of the commission, so as to enable us to conclude treaties or
agreements with tribes confessedly at peace, looking to their concentration
upon the reservations indicated.
[p112]
In the course of a short time the Union Pacific railroad will have reached the
country claimed by the Snakes, Bannocks, and other tribes, and in order to
preserve peace with them the commission should be required to see them and
make with them satisfactory arrangements.
[p113]
Appended hereto will be found --
[p114]
1. The journal of our meetings, and councils held.
[p115]
2. The detailed mass of evidence taken and reports collected, illustrative of the
objects embraced in the act creating the commission.
[p116]
3. The treaty made and concluded with the Kiowas and Comanches.
[p117]
4. The supplementary treaty made and concluded with the Apaches of the
plains.
[p118]
5. The treaty of peace made and concluded with the Cheyennes and
Arapahoes.
[p119]
6. The account current of all moneys received and disbursed by authority of
the commission.
[p120]
In conclusion, we beg permission to return our thanks to the officers of the
military posts everywhere within the limits of our operations, for their uniform
courtesy and kindness. The officers of the railroad companies on the plains
especially are entitled to our thanks for kind cooperation in the objects of our
mission, and attention to our convenience and comfort.
Respectfully submitted:
N.G. Taylor,President,
J.B. Henderson,
W.T. Sherman, Lieut. Gen.,
WM. S. Harney, Bvt. Maj. Gen.,
JOHN B. SANBORN
ALFRED H. TERRY, Bvt. Maj. Gen.,
S. F. TAPPAN,
C. C. AUGUR, Bvt. Maj. Gen. U.S.A.,
Commissioners.
WASHINGTON CITY, D.C., January 7, 1868.