Democracy in America — Volume 1

by Alexis de Tocqueville

z
[ To obtain a correct idea of the policy pursued by the several States and the Union with respect to the Indians, it is necessary to consult, 1st, “The Laws of the Colonial and State Governments relating to the Indian Inhabitants.” (See the Legislative Documents, 21st Congress, No. 319.) 2d, The Laws of the Union on the same subject, and especially that of March 30, 1802. (See Story’s “Laws of the United States.”) 3d, The Report of Mr. Cass, Secretary of War, relative to Indian Affairs, November 29, 1823.]

a
[ December 18, 1829.]

“The land on which we stand we have received as an inheritance from our fathers, who possessed it from time immemorial, as a gift from our common Father in Heaven. They bequeathed it to us as their children, and we have sacredly kept it, as containing the remains of our beloved men. This right of inheritance we have never ceded nor ever forfeited. Permit us to ask what better right can the people have to a country than the right of inheritance and immemorial peaceable possession? We know it is said of late by the State of Georgia and by the Executive of the United States, that we have forfeited this right; but we think this is said gratuitously. At what time have we made the forfeit? What great crime have we committed, whereby we must forever be divested of our country and rights? Was it when we were hostile to the United States, and took part with the King of Great Britain, during the struggle for independence? If so, why was not this forfeiture declared in the first treaty of peace between the United States and our beloved men? Why was not such an article as the following inserted in the treaty:—‘The United States give peace to the Cherokees, but, for the part they took in the late war, declare them to be but tenants at will, to be removed when the convenience of the States, within whose chartered limits they live, shall require it’? That was the proper time to assume such a possession. But it was not thought of, nor would our forefathers have agreed to any treaty whose tendency was to deprive them of their rights and their country.”

Such is the language of the Indians: their assertions are true, their forebodings inevitable. From whichever side we consider the destinies of the aborigines of North America, their calamities appear to be irremediable: if they continue barbarous, they are forced to retire; if they attempt to civilize their manners, the contact of a more civilized community subjects them to oppression and destitution. They perish if they continue to wander from waste to waste, and if they attempt to settle they still must perish; the assistance of Europeans is necessary to instruct them, but the approach of Europeans corrupts and repels them into savage life; they refuse to change their habits as long as their solitudes are their own, and it is too late to change them when they are constrained to submit.

The Spaniards pursued the Indians with bloodhounds, like wild beasts; they sacked the New World with no more temper or compassion than a city taken by storm; but destruction must cease, and frenzy be stayed; the remnant of the Indian population which had escaped the massacre mixed with its conquerors, and adopted in the end their religion and their manners. *b The conduct of the Americans of the United States towards the aborigines is characterized, on the other hand, by a singular attachment to the formalities of law. Provided that the Indians retain their barbarous condition, the Americans take no part in their affairs; they treat them as independent nations, and do not possess themselves of their hunting grounds without a treaty of purchase; and if an Indian nation happens to be so encroached upon as to be unable to subsist upon its territory, they afford it brotherly assistance in transporting it to a grave sufficiently remote from the land of its fathers.

b
[ The honor of this result is, however, by no means due to the Spaniards. If the Indian tribes had not been tillers of the ground at the time of the arrival of the Europeans, they would unquestionably have been destroyed in South as well as in North America.]

The Spaniards were unable to exterminate the Indian race by those unparalleled atrocities which brand them with indelible shame, nor did they even succeed in wholly depriving it of its rights; but the Americans of the United States have accomplished this twofold purpose with singular felicity; tranquilly, legally, philanthropically, without shedding blood, and without violating a single great principle of morality in the eyes of the world. *c It is impossible to destroy men with more respect for the laws of humanity.

c
[ See, amongst other documents, the report made by Mr. Bell in the name of the Committee on Indian Affairs, February 24, 1830, in which is most logically established and most learnedly proved, that “the fundamental principle that the Indians had no right by virtue of their ancient possession either of will or sovereignty, has never been abandoned either expressly or by implication.” In perusing this report, which is evidently drawn up by an experienced hand, one is astonished at the facility with which the author gets rid of all arguments founded upon reason and natural right, which he designates as abstract and theoretical principles. The more I contemplate the difference between civilized and uncivilized man with regard to the principles of justice, the more I observe that the former contests the justice of those rights which the latter simply violates.]

[I leave this chapter wholly unchanged, for it has always appeared to me to be one of the most eloquent and touching parts of this book. But it has ceased to be prophetic; the destruction of the Indian race in the United States is already consummated. In 1870 there remained but 25,731 Indians in the whole territory of the Union, and of these by far the largest part exist in California, Michigan, Wisconsin, Dakota, and New Mexico and Nevada. In New England, Pennsylvania, and New York the race is extinct; and the predictions of M. de Tocqueville are fulfilled. —Translator’s Note.]

Situation Of The Black Population In The United States, And Dangers With Which Its Presence Threatens The Whites