While we know our northern friends may not feel it, in the South, Spring is
here. So we thought we'd share a few of our gardening sites appropriate
for this time of the year. Along with gardening, there's grilling, and getting
ready to diet so that you can fit back into that bathing suit this summer!
We regard the Allegany and Cattaraugus reservations, in their so called
"government by their own council for these last years, as a notorious instance
of the corruption and misuse of funds by Indians, to which we have referred
above. The reports of committees of Congress, of inspectors, and of commissions,
as well as facts presented by representatives of the council before the House
Committee on Indian Affairs, give unquestionable evidence of such corruption. We
last year urgently recommended the passage of a law requiring all lease moneys
to be made payable to and recoverable by the United States Indian agent, to be
by him paid to individual Indians; the agent being required to account for the
same, and that such moneys be no longer payable to the council of the Indians,
several of whose members and officers have been proved to have been
systematically corrupt and dishonest for a period of years.
Such a bill (known as the Ryan Act) was passed at the last session of Congress
and became a law. But its passage was delayed until after the beginning of the
fiscal year for this lease system, and representatives of the Indian council
have collected a part of the lease money for the current year. A recent letter
from the New York Indian agent, says: "From what I can learn, I am of the
opinion that the Seneca Nation treasurer collected a very large proportion of
the rents for the year 1901 before the Ryan Act became operative." Further
efforts have been made by members of the Indian council and their
representatives to prevent the carrying out of the Ryan Act, by obtaining an
injunction restraining leaseholders from paying rents to the Indian agent, on
the ground that the law referred to above, known as the Ryan Act, which required
payments of lease money to the Indian agent, was unconstitutional. We cite this
instance as one of many that might be given to illustrate the persistent abuse
of the pretense of "government by council" on the part of the Indians. It should
not be allowed to stand in the way of citizenship. Other "councils" have been
quite as corrupt.
New York Indians Should Be Allotted In Severalty "The Ogden Land
Claim."
Further investigation and study of the status of the Seneca Indians upon the
Allegany and Cattaraugus reservations, in the State of New York, has confirmed
members of this board in the conviction that these Indians (and indeed all the
Indians in the State of New York) should soon have land allotted them in
severally, and, under general provisions like those of the Dawes Severally Act,
should become citizens of the United States and of the State of New York, taking
part in the duties, responsibilities, and privileges of such citizenship. The
general provisions of the Dawes Severally Act, approved February 8, 1887, apply
to the land of some of the Indians in the State of New York. The reservations of
the Seneca Nation of New York Indians in the State of New York" was excepted
from the general provisions of the Dawes Act. The last annual report of this
Board contained as an appendix the report of a commission appointed in 1900 by
Governor Roosevelt, of New York, to inquire into the status of the New York
Indians with reference to allotment. A member of this board (the Hon. Philip C.
Garrett, of Philadelphia) had several years before been appointed a special
commissioner to investigate the Ogden Land Company's claim and to report upon
it. (See 23d report of this Board, for 1891, appendix.)
It is the opinion of this Board that although the Ogden land claim may have had
in late years no marketable or negotiable value, it nevertheless in its present
form constitutes a serious menace to a clean title for the Seneca Indians. It
would doubtless be made the basis of prolonged litigation, disturbing and
threatening, if not dispossessing, the Indians and any citizens who might lease
or purchase from these Indians, were no attempt made to satisfy this claim. The
claim is of long standing and represents something really and legitimately
purchased. Opinions in the past have differed as to whether the equity in this
claim was simply "the first right to purchase from the Indians whenever they
should be willing to sell," and was of no value unless the Indians should be
willing to sell; or whether, on the other hand, the right acquired by the Ogden
Land Company was of such a nature that whenever the Indians should cease to
occupy the lands of this reservation in common and as a tribe, the title to the
lands covered by the Ogden land claim would vest at once as a fee simple in the
legal representatives of the Ogden Land Company.
We recognize the fact that unless that claim can be in some way satisfied and
removed there will be every prospect of doubtful titles and prolonged litigation
for both Indians and whites should allotment be undertaken before settling this
claim.
Two members of this board, Messrs. Garrett and Gates, visited these reservations
in June, 1901, and they are convinced that the best interests of the Indians
require allotment as soon as possible. The thriving village of Salamanca, with a
population of some 6,000, has grown up upon a part of the reservation affected
b} T the Ogden land claim. The real estate in this village, is held by leases
from the Seneca Nation. These leases have nearly ninety years still to run at
the present rental value, with the privilege of renewal at the expiration of the
ninety-nine year lease, at a revised rental. Valuable buildings have been
erected and large business interests created and extensive improvements carried
out upon the lands held by such leases. It is proposed b} T residents of
Salamanca who have long studied the question that in order to make possible the
allotment of land in severalty to the Indians, and also to enable the citizens
of Salamanca and of other villages (whose tenure of land is only by similar
leases, all alike affected by the Ogden land claim) to acquire ownership with
due regard to the rights of the Indians, provisions something like the following
should be enacted by law:
(1) That those who hold land by lease from the Seneca Indians should be
authorized by law to purchase the land for which they now hold a lease by the
payment for the benefit of the Indians of the Seneca Nation of a sum of money of
which the present annual lease shall be 5 per cent. (This board is of the
opinion that the sum for such a purchase should be at least a sum of which the
present lease money is if, per cent rather than 5.) If the leases should be
capitalized on the 4 per cent basis, it is estimated that the proceeds would
amount to considerably more than the 1200,000, which representatives of the
Ogden land claim are asking for the extinguishments of their claim.
(2) That before such capitalization of leases and before the allotment of the
land of this reservation in severalty, the Secretary of the Interior should be
authorized and directed to pay to the Ogden Land Company for the purchase and
extinguishments, in the interest of the Seneca Indians, of the claim of that
company, the sum of $200,000; and that before the leaseholders mentioned in the
first paragraph could acquire a title to the land now held by leases each such
leaseholder must pay, in addition to the sum agreed upon for the capitalization
of the leases, an additional amount of money, which should be such a proportion
of 1200,000 as the amount of land now leased by him bears to the whole amount of
the Seneca land affected by the Ogden land claim. It has been estimated that
this second provision for additional payment would yield about $20,000 of the
$200,000 required. It is further proposed that the $200,000 required to purchase
the Ogden land claim be set aside from the funds of the Seneca Nation of New
York Indians and the Tuscarora Indians of the State of New York, which was
appropriated by the act of Congress approved February 9, 1900, to pay a judgment
of the Court of Claims in favor of the New York Indians, and be used by the
Secretary of the Interior as above indicated to satisfy and remove the Ogden
Land Company's claim.
(3) After the claim of the Ogden Land Company shall thus have been purchased for
the benefit of the Seneca Indians and the leaseholders shall have had conferred
upon them by Jaw the right to purchase the lands they now hold, in accordance
with the above provisions, it is proposed that these Indians should be allotted
lands in severalty upon principles similar to those followed in the Curtis Act
for allotment in the Indian Territory, viz, that in allotting each Indian should
have allotted to him as far as possible the tract of land upon which his
homestead stands, and so far as practicable the rest of his equal portion or
value of land contiguous to his homestead; and that in receiving such allotment
no Indian should be charged with the value of improvements he had himself made
upon land which he owned and occupied by Indian title and custom, but each
Indian should receive credit and compensation (from an equalization fund) for
such interests as he had in the improvements on lands at the time of allotment
occupied and held by him under Indian title, which may not be allotted to him,
but to others.
While it has seemed to the Board that the question of the proportion to be paid
by the town of Salamanca for the extinguishments of the Ogden land claim and the
acquiring of the title by the white citizens to lands now leased by them from
the Seneca Nation was a matter deserving of further consideration, and might
properly be referred to a competent commission to be appointed (for a strictly
limited period of service) by the President of the United States, it is our
opinion that by some method, of which the above might serve as an outline,
substantial equity could be secured for the Indians, the Ogden land claim could
be extinguished, and citizens of the town of Salamanca could have the privilege
of acquiring ownership, upon equitable terms, of the land which they occupy and
have improved. By the allotting of the Seneca Indians, that "break" in the
citizenship of the State of New York which has long been a blot upon the
territory of the State, a blemish upon its civilization, and an injury to the
Indians who are kept out of citizenship, might be speedily removed without
injustice to any. We respectfully commend to Congress and to the Secretary of
the Interior the consideration of some such plan as this.
The circumstances of the other Indians in the State of New York differ; and
while most of them could be allotted at once under the general provisions of the
severally act, the tenure by which their different reservations are held differs
in certain respects, and the Indians of these different tribes are not all
equally well fitted for citizenship. It is believed that the Tuscarora, for
instance, are today as well prepared for citizenship, as are the average white
citizens of the State of New York. Perhaps the Onondagas are nearly as well
qualified to become citizens, and the "Christian Indians" among the Onondagas
are reported to be strongly in favor of immediate allotment. We recommend speedy
action looking to the allotment of all the New York Indians by a commission of
high character, who will serve in part at least from philanthropic motives, and
will carry out the work of allotment with due regard to the different conditions
of these tribes of New York Indians, and to the peculiar needs and conditions of
each reservation. And we recommend the fixing of a limited term of years for any
such commission within which its work must be accomplished.
We regret that no satisfactory provision seems to be made for the pressing need
of homes for the Mission Indians of California. Our inquiries lead us to the
belief that the cessation of all attempts (some four or five years ago) to
continue the work of surveying and allotting the land belonging to the Mission
Indians was needless, and not for good reason. We think that the surveying and
allotting for these Indians should be at once resumed and the work carried
forward and completed in California.
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includes some historical materials that may imply negative stereotypes
reflecting the culture or language of a particular period or place. These
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interpreted to mean that the WebMasters in any way endorse the stereotypes
implied .
Thirty-Third Annual Report Of The Board Of Indian Commissioners,
1901
