It is manifest, therefore, that the next five or ten years must witness a general recasting of the scheme of Indian reservations. This is not to be accomplished by confiscating the Indian title, but by exchange, by cession, and by consolidation. Let Congress provide the necessary authority, under the proper limitations, for the executive departments, and the adjustment desired can be reached easily and amicably.
Second. It is further evident, that, in recasting the scheme of reservations, the principal object should be, while preserving distinct the boundaries of every tribe, so to locate them that the territory assigned to the Indians west of the Mississippi shall constitute one or two grand reservations, with, perhaps, here and there a channel cut through, so to speak, by a railroad, so that the industries of the surrounding communities may not be unduly impeded. Such a consolidation of the Indian tribes into one or two great bodies would leave all the remaining territory of the United States open to settlement, without obstruction or molestation.
Shall there be one general reservation east of the Rocky Mountains, or two? This is likely to be the most important Indian question of the immediate future. On the one hand, the recommendations of the executive, contained in both the Messages of the President and the Annual Reports of the Secretary of the Interior, for the past two or three years, have strongly favored the plan of a single reservation for all the tribes, North and South, East and West, who are not in a condition to become at an early day citizens of the United States and take their land in severalty. The reservation upon which it is proposed to thus collect the Indians of the United States is at present known as the "Indian Territory," although it actually contains but about one-quarter of the Indian population of the country. This tract covers all the territory lying between the States of Arkansas and Missouri on the east, and the one-hundredth meridian on the west, and between the State of Kansas on the north, and the Red River, the boundary of the State of Texas, on the south; comprising about seventy thousand square miles, and embracing a large body of the best agricultural lands west of the Mississippi. Upon this tract, it is claimed, can be gathered and subsisted all the Indians within the administrative control of the government, except such as are manifestly becoming ripe for citizenship in the States and Territories where they are now found. Computing the maximum number likely, on the successful realization of this scheme to be thus concentrated, at two hundred and fifty thousand, and taking the available lands within the district, exclusive of barren plains, of flint hills and sand hills, at an aggregate of thirty million acres, we should have one hundred and twenty acres for each man, woman, and child to be provided for.
On the other hand, the original plan of Indian colonization, as contained in the report of Secretary Calhoun, accompanying the message of President Monroe, Jan. 27, 1825, contemplated two general reservations,—one in the North-west for the Indians of Algonquin and Iroquois stock, and another (being the present Indian Territory) in the South-west for the Appalachian Indians. The ethnographical symmetry of that plan has been hopelessly violated by the introduction into the Indian Territory, and even the incorporation with the Southern tribes, of individuals, broken bands, and even entire tribes, originally from the North and North-east. The bulk of the Shawnees, an Algonquin tribe, are actually incorporated with the Cherokees; two hundred of the Senecas, the very flower of the conquering Iroquois,[H] occupy a small reservation in the north-eastern part of the Territory; while the remnants of the Quapaws, Ottawas, Peorias, Kaskaskias, Weas, Piankeshaws, Pottawatomies, and of the Sacs and Foxes,—all Algonquin tribes,—are found injected at various points along the northern and eastern frontier. At the same time, the south-western portion of the Territory is given up to tribes which are neither Algonquin, Iroquois, nor Appalachian in their original, but are of the races living immemorially beyond the Mississippi. It will thus appear that nothing like an ethnographical distribution of tribes has been attempted; and, indeed, these distinctions have long ceased, with the Indians themselves, to be of the slightest significance. But many of the physiological and practical reasons urged by Secretary Calhoun for a double Indian reservation still remain in full force. Nor does this scheme rest upon his authority alone. The Peace Commission of 1867 and 1868, consisting of Indian Commissioner Taylor, Senator Henderson, Gens. Sherman, Harney, Terry, and Augur, of the army, and Messrs. Sanborn and Tappan, concurred in the recommendation of two reservations for tribes east of the Rocky Mountains.
We are disposed to hold, not only that the reason of the case inclines to the plan of two general reservations, but that the matter will be settled practically in that way by the aversion and horror which the Northern Indians feel at the thought of moving to the South. Regarding the Indian Territory, as they do, though with no sufficient reason, as the graveyard of their race, there is ground for apprehension that, if the project be too suddenly sprung upon them, or pressed too far, the repugnance of some of these tribes may culminate in outbreaks like those with which the Black Hawk and Seminole wars commenced. There can, however, be no objection to the experiment being tried in such a way as not to endanger the peace. Certain of the Northern tribes, notably the confederated Cheyennes and Arapahoes, and the confederated Arickarees and Mandans, manifest much less antipathy to removal than others, by reason of their relationship to Indians South, or of exceptional inconveniences sustained in their present location. If such tribes could be amicably induced to go to the Indian Territory, their experiences, if fortunate, might serve in time to remove the prejudices existing among the Northern Indians generally.
Third. The intrusion of whites upon lands reserved to Indians should be provided against by legislation suited to the necessities of the case. By the Indian Intercourse Act of 1834 it was made a criminal offence to enter without authority the limits of any Indian reservation; and the prohibition was enforced by penalties adequate to the situation at that time. This provision, however, was aimed at individual intruders, rather than at organized expeditions completely equipped for offence or defence, and strong enough to maintain themselves against considerable bands of the savages, or the ordinary posse comitatus of a distant Territory. It is in the latter form that the invasion of Indian country now generally takes place;[I] and for the purpose of resisting such organized lawlessness, the Act of 1834 is far from sufficient. The executive may, it is true, in an extreme case, and by the exercise of one of the highest acts of authority, make proclamation forbidding such combinations, and enforce the same by movements of troops, as would be done in the case of a threatened invasion of the soil of a neighboring friendly state. But this remedy is of such a violent nature, the odium and inconvenience occasioned thereby are so great, and the lawful limits of official action in such a resort are so ill-defined, that the executive is most unlikely to make use of it, except in rare and extreme cases. The eagerness of the average American citizen of the Territories for getting upon Indian lands amounts to a passion. The ruggedest flint hill of the Cherokees or Sioux is sweeter to him than the greenest pasture which lies open to him under the homestead laws of the United States. There is scarcely one of the ninety-two reservations at present established on which white men have not effected a lodgement: many swarm with squatters, who hold their place by intimidating the rightful owners; while in more than one case the Indians have been wholly dispossessed, and are wanderers upon the face of the earth. So far have these forms of usurpation been carried at times in Kansas, that an Indian reservation there might be defined as that portion of the soil of the State on which the Indians have no rights whatsoever.
Now, while it cannot be denied that there is something in all this suggestive of the reckless daring and restless enterprise to which the country owes so much of its present greatness, it is yet certain that such intrusion upon Indian lands is in violation of the faith of the United States, endangers the peace (as it has more than once enkindled war), and renders the civilization of tribes and bands thus encroached upon almost hopeless. The government is bound, therefore, in honor and in interest, to provide ample security for the integrity of Indian reservations; and this can only be done by additional and most stringent legislation.