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Massacres of the Mountains

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A native population of 1,000,000, or one to every three square miles, may be reasonably assumed as a maximum limit, and 240,000 would appear to be a just minimum. Between these bounds conjecture becomes more vague, but there are still facts tending towards a convergence between these extremes. It is almost beyond doubt that the Indians have decreased somewhat.

The evil of this system is evident. It has undoubtedly been the greatest stumbling block in the way of the Indian's advancement to civilization and citizenship. The worst element necessarily controls so long as there is no power to restrain the work of intimidation. The system was adopted at a time when our government was physically unable to enforce laws in the Indian country, except for the protection of its own subjects, but there is no reason for a longer continuance of it. The only obstacle is the fact that a change will be an infraction of treaty rights; but the treaties have been broken for bad purposes so often, that breaking them for a good purpose would almost be an apology for our former bad faith. This is one of the few evils that may be remedied without creating a new evil. At present a large part of the law administered on agencies is simply the will of the agent in charge, if he has power to enforce it. Some agents prohibit polygamy and other Indian customs; others permit them. The "laws" are liable to be changed whenever there is a change of agents. A quite recent instance of the absurdities which this results in was an attempt of the agent of the Navahos to force that tribe to observe the Sabbath. He had almost got them into a state of war, when General Pope interfered and removed the overzealous law maker. The evil has been remedied partially by the establishment of "courts of Indian offences" on some of the reservations by the Indian Bureau, but they are probably beyond the authority of the department, and would hardly be sustained by our judiciary. The only remedy at all adequate is for Congress to adopt a code for the government of the tribes, but in so doing it ought not to interfere with the tribes that have adopted and enforced adequate laws of their own.

 


Source: Massacres of the Mountains, by J.P. Dunn Jr, M.S., LL.B, Harper & Brothers, Franklin Square, New York, 1886

 

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