In all the Spanish occupation of California it is doubtful whether one case ever occurred where an Indian was driven off his land.
In rendering a decision on the Warner's Ranch Case the United States Supreme Court had an opportunity offered it, once for all to settle the status of all American Indians. Had it familiarized itself with the laws of Spain, under which all Spanish grants were made, it would have found that the Indian was always considered first and foremost in all grants of lands made. He must be protected in his right; it was inalienable. He was helpless, and therefore the officers of the Crown were made responsible for his protection. If subordinate officers failed, then the more urgent the duty of superior officers. Therefore, even had a grant been made of Warner's Ranch in which the grantor purposely left out the recognition of the rights of the Indians, the highest Spanish courts would not have tolerated any such abuse of power. This was an axiom of Spanish rule, shown by a hundred, a thousand precedents. Hence it should have been recognized by the United States Supreme Court. It is good law, but better, it is good sense and common justice, and this is especially good when it protects the helpless and weak from the powerful and strong.
In our dealings with the Indians in our school system, we are making the mistake of being in too great a hurry. A race of aborigines is not raised into civilization in a night. It will be well if it is done in two or three generations.
Contrast our method with that followed by the padres. Is there any comparison? Yes! To our shame and disgrace. The padres kept fathers and mothers and children together, at least to a reasonable degree. Where there were families they lived--as a rule--in their own homes near the Missions. Thus there was no division of families. On the other hand, we have wilfully and deliberately, though perhaps without malice aforethought (although the effect has been exactly the same as if we had had malice), separated children from their parents and sent them a hundred, several hundred, often two or three thousand miles away from home, there to receive an education often entirely inappropriate and incompetent to meet their needs. And even this sending has not always been honorably done. Vide the United States Indian Commissioner's report for 1900. He says:
"These pupils are gathered from the cabin, the wickiup, and the tepee. Partly by cajolery and partly by threats; partly by bribery and partly by fraud; partly by persuasion and partly by force, they are induced to leave their homes and their kindred to enter these schools and take upon themselves the outward semblance of civilized life. They are chosen not on account of any particular merit of their own, not by reason of mental fitness, but solely because they have Indian blood in their veins. Without regard to their worldly condition; without any previous training; without any preparation whatever, they are transported to the schools--sometimes thousands of miles away--without the slightest expense or trouble to themselves or their people.
"The Indian youth finds himself at once, as if by magic, translated from a state of poverty to one of affluence. He is well fed and clothed and lodged. Books and all the accessories of learning are given him and teachers provided to instruct him. He is educated in the industrial arts on the one hand, and not only in the rudiments but in the liberal arts on the other. Beyond the three r's he is instructed in geography, grammar, and history; he is taught drawing, algebra and geometry, music and astronomy and receives lessons in physiology, botany, and entomology. Matrons wait on him while he is well, and physicians and nurses attend him when he is sick. A steam laundry does his washing, and the latest modern appliances do his cooking. A library affords him relaxation for his leisure hours, athletic sports and the gymnasium furnish him exercise and recreation, while music entertains him in the evening. He has hot and cold baths, and steam heat and electric light, and all the modern conveniences. All the necessities of life are given him, and many of the luxuries. All of this without money and without price, or the contribution of a single effort of his own or of his people. His wants are all supplied almost for the wish. The child of the wigwam becomes a modern Aladdin, who has only to rub the government lamp to gratify his desires.
"Here he remains until his education is finished, when he is returned to his home--which by contrast must seem squalid indeed--to the parents whom his education must make it difficult to honor, and left to make his way against the ignorance and bigotry of his tribe. Is it any wonder he fails? Is it surprising if he lapses into barbarism? Not having earned his education, it is not appreciated; having made no sacrifice to obtain it, it is not valued. It is looked upon as a right and not as a privilege; It is accepted as a favor to the government and not to the recipient, and the almost inevitable tendency is to encourage dependency, foster pride, and create a spirit of arrogance and selfishness. The testimony on this point of those closely connected with the Indian employees of the service would, it is believe, be interesting."
So there the matter stands. Nothing of any great importance was really done to help the Indians except the conferences at Mohonk, N.Y., until, in 1902, the Sequoya League was organized, composed of many men and women of national prominence, with the avowed purpose "to make better Indians." In its first pronunciamento it declared:
"The first struggle will be not to arouse sympathy but to inform with slow patience and long wisdom the wide-spread sympathy which already exists. We cannot take the Indians out of the hands of the National Government; we cannot take the National Government into our own hands. Therefore we must work with the National Government in any large plan for the betterment of Indian conditions.
"The League means, in absolute good faith, not to fight, but to assist the Indian Bureau. It means to give the money of many and the time and brains and experience of more than a few to honest assistance to the Bureau in doing the work for which it has never had either enough money or enough disinterested and expert assistance to do in the best way the thing it and every American would like to see done."