lowing extract from a report of Agent McGillycuddy, of the Pine Ridge Agency, Dakota: On assuming charge of the agency in March, 179, I found that no force had been organized, the failure to do so being out of defe.ence to the feelings of Chief Red Cloud and some of his coadjutors, both red and white. After several months of the most emphatic refusal on the part of the chiefs to allow the enlisting of their young men, and varied opposition on the part of half-breeds and "squaw-men," I succeeded in organizing the force in the month of August. The "squaw-men" have in the past exercised a very powerful control over the Sioux Indians, and it can therefore be easily understood why they so strongly opposed the introduction of the Indian police system, as it placed in the hands of the government a detective and controlling agency that can easily thwart them in any plans they may form. The chiefs' opposition was partly from the instructions of these "squaw-men;" also because they naturally dislike any innovation, and because it put a power in the hands of the government and agent, independent of themselves, and over which they could not exercise the slightest control. The Indian police force at this agency consists of fifty members, all Indians: one captain, two lieutenants, ten sergeants and corporals, and the balance privates. The force is in charge of one of the white employés, who also acts as deputy United States marshal. There is also attached to the force one special detective and one special interpreter. The members are all armed with the Springfield and Sharp's Army carbine, kindly loaned the agency by General Sheridan, U. S. A. The discipline of the force is excellent, failure to obey an order being followed by immediate dismissal. It is made up of the best young men of the tribe, many of them being members of the native soldier organization. There are also enlisted two chiefs, White Bird and Little Big Man, the latter being a Northern Indian, and having taken a prominent part with Sitting Bull in the Big Horn campaign of 1878, afterwards surrendering at the agency with Crazy Horse. A member of the force is on duty all night at the guard-house, making the rounds of the government buildings at intervals of fifteen or thirty minutes, which precludes the possibility of government supplies being surreptitiously made way with. The police force have rendered varied and very valuable and important service during the past year. Over thirty white men have been arrested by them; some renegades from justice from other States and Territories, and who have been turned over to the proper officials on their arrival for them; some for stealing Indian horses, introducing liquors on the reservation, trading for annuity-goods, larceny, &c., crimes against the United States statutes, and who, after a hearing before Chief Clerk Alder, who is a United States commissioner, have been committed, and have answered for their offenses before the United States court at Deadwood, Dak. Still others have been arrested for intoxication and minor offenses, infractions of agency regulations, and having been convicted before an improvised police court, have been fined or imprisoned temporarily in the agency guard-house. In addition the police have rendered valuable general service in caring for government property, Indian stock, preventing introduction of liquor, &c., and arresting returning "Sitting Bull" Indians, and preventing the departure north of ambitious young bucks from the agency, should they feel so inclined. Situated as the agency is, in close proximity to the ever-increasing white settlements, it would be impracticable and almost impossible to conduct this agency without this organization. It represents law and order, and the members, uniformed and disciplined, and far advanced in civilization, offer the best and most practical example for the other Indians of the tribe to copy after, which they are rapidly doing in the way of adopting civilized clothing, &c. In closing, I would request that, in consideration of the valuable services rendered by members of the police, they having aided the government and white men, as against their own people, an effort be made to induce Congress to allow something more than the somewhat ridiculous compensation of $5 per month for service. These men have been led to expect more, and it should be given them, for if ever laborers were worthy of their hire, these certainly are. TRANSPORTATION BY INDIANS. The experiment of intrusting wild Indians with the transportation of their own supplies and annuity-goods from the railroad terminus to the agency was undertaken first at the Cheyenne and Arapaho Agency in the summer and fall of 1877. Wagons and harness were supplied by the government, and ponies were furnished by the Indians. For the whole distance, 165 miles, they were paid $1.50 per 100 pounds, in cash, or were credited at the rate of $1.75 per 100 pounds on the purchase of the wagons, harness, &c., which they had undertaken to earn. In this way 105 wagons have become the property of the Cheyennes and Arapahoes. Three hundred thousand pounds were transported the first year, five hundred thousand the second, and during the past year over one million pounds of supplies have been hauled by their teams. During the present year the flour and corn, which last season was delivered at the agency by the contractor, will also be taken by the Indians from the railroad, and will add nearly a million more pounds to the quantity to be freighted by them, thus enabling the agent to give employment to others of the tribe who are now eager to engage in the enterprise. In the fall of 1875 substantially the same plan was carried out at the Kiowa and Comanche agency, in the Indian Territory, and the Sioux Agencies at Pine Ridge and Rosebud, and with the same success. During the past year not less than eight million pounds of supplies were hauled by the Indians of the four agencies above named, over distances of 165, 160, 200, and 92 miles respectively, and in compensation therefor they have received the sum of $115,900. So popular has this branch of industry become that the demands of these Indians for freighting are largely in excess of the quantity of government freight required to be transported, and the letting of a transportation contract for Indian goods to a white man would be deemed an infringement on their rights and privileges. At the Devil's Lake, Sisseton, Fort Hall, Osage, Kaw, Pawnee, Ponca, Oakland, Sac and Fox, Pottawatomie, White Earth, Great Nemaha, Western Shoshone, Grand Ronde, Siletz, Warm Springs, Green Bay, and Shoshone Agencies, freighting is monopolized by Indian teamsters. Even the Utes have fallen into line, and will this fall undertake to transport the goods and supplies purchased for the Uintah Valley Agency. By this method not only is the amount paid them for transportation so much really saved to the Indians themselves, but the difference between the rates paid Indians and those charged by white transportation contractors results in an actual annual saving to the government of several thousand dollars. Skill and care in the management of their teams, dispatch in the handling and for warding of the freight, and absolute honesty and trustworthiness in the care of the goods in transitu, have characterized the Indian transportation service. Not a package has been lost; not a case or bale broken open or tampered with. The success of the enterprise has made it a permanent feature in the policy of Indian civilization. WAGONS FOR FARMING AND FREIGHTING. Up to a very recent period, but few wagons were furnished for the Indian service, and then generally only for the use of the agents and their employés at the headquarters of the agencies, to enable them to perform the necessary work of hauling fuel for agency buildings and fodder for the government stock. Within the past five years it has been found advisable to furnish the Indians with wagons for farming purposes, and for freighting their own supplies, which latter pursuit, as has already been shown, has become one of considerable magnitude. The following statement of the number of wagons provided for the purposes above stated, since the 1st of July, 1879, will indicate more clearly than it could be done in any other manner the growing interest of the Indians in the cultivation of the soil, and the transportation of their subsistence supplies, goods, &c.:-For the Blackfeet Agency, 15; Chey enne and Arapaho, 57; Cheyenne River, 67; Crow, 14; Crow Creek, 38; Devil's Lake, 36; Flandreau, 30; Fort Berthold, 35; Fort Belknap, 14; Fort Hall, 10; Fort Peck, 10; Green Bay, 43; Great Nemaha, 2; Kiowa, Comanche, and Wichita, 27; Klamath, 18; Lemhi, 19; La Pointe, 52; Leech Lake, 15; Los Pinos, 2; Lower Brulé, 44; Mackinac, 25; Malheur, 4; Moquis Pueblo, 2; Navajo, 11; Nevada, 25; Omaha, 50; Osage, 95; Pawnee, 68; Pine Ridge, 51; Ponca, 42; Pottawatomie, 10; Quapaw, 12; Rosebud, 50; Sac and Fox, 4; Santee, 105; Shoshone and Bannack, 123; Sisseton, 135; Standing Rock, 51; Tule River, 22; Uintah, 32; Umatilla, 20; White Earth, 38; Winnebago, 10; Warm Springs, 5; Yakama, 10; and Yankton, 7-a total of 1,555 wagons. Harness was also furnished with the wagons-a double set with each one required for farming, and two sets for each one to be used in freighting. Nearly three thousand wagons, with the necessary harness therefor, have been furnished the Indians since 1875, and the flattering prospects of the future, evidenced by the manifest interest of the Indians in farming pursuits, make it almost certain that still larger quantities will be needed by them in the next two years. STOCK CATTLE. The experiment inaugurated a few years since of furnishing Indians with stock cattle has been so fully developed that the question of their ability and willingness to properly care for and protect the same, when issued to them, is no longer an unsolved problem. The reports from all agencies where issues of stock cattle have been made attest the faithfulness with which the Indians have guarded their trust, and demonstrate the wisdom of the project of instructing Indians in pastoral pursuits, for which a large majority of them are eminently fitted. Since the 1st of July, 1879, stock cattle have been issued as follows, viz: To the Indians of the Blackfeet Agency, 50; Cheyenne and Arapaho, 500; Crow, 82; Crow Creek, 300; Flathead, 706; Fort Hall, 200; Kiowa, Comanche, and Wichita, 1,089; Lower Brule, 500; Osage, 900; Pawnee, 400; Pine Ridge, 907; Ponca, 300; Rosebud, 1,000; Sac and Fox, 212; San Carlos, 1,125; Shoshone and Bannack, 765; Standing Rock, 500; White Earth, 52; Western Shoshone, 200; and Yankton, 495,-a total of 10,283 head. These, together with stock purchased by the Indians themselves, and with the "agency herds," which had been accumulated from time to time, (in some instances by the voluntary act of the Indians in accepting a smaller beef ration than they were entitled to, and in other cases by natural increase,) and which herds, with one or two exceptions, have been issued to the Indians during the past year, aggregate a total of 78,812 head of stock cattle now owned by the various Indian tribes. With these cattle as a nucleus, with judicious management and care on their part, but a few years can elapse before the Indians at many of the agencies will be the possessors of large herds of cattle, thus placing within their command the ready means of self-support, and rendering them, to a large degree, independent of the care of the government. Applications for stock cattle have been made by Indians at agencies not already supplied, and in a few cases by Indians at agencies where only a limited number have yet been provided. They will be furnished as soon as the necessary funds for the purpose can be procured, LEGISLATION NEEDED. In previous reports, the necessity for legislation upon the following subjects connected with the welfare of the Indians has been strongly urged: First. The enactment of a law to prevent polygamy, and to provide for legal marriages among Indians. Upon this subject nothing can be said more than has been said in former reports. The urgency of legislation to provide proper marriage laws for Indian tribes is apparent, and it is respectfully recommended that the necessity and propriety of such legislation be laid before Congress at its next session. Second. The amendment of the law in relation to trespassers on Indian reservations. Under existing laws, a trespasser must first be removed from the reservation, and then, if he returns, he incurs a penalty of one thousand dollars. The law as it stands is practically a dead letter, as the trespassers ordinarily belong to the impecunious class, and even if convicted (which is by no means certain), nothing can be realized from them in an action of debt to recover the penalty; hence, the delinquents escape unpunished. A striking illustration of the inadequacy of the law is afforded in the case of the Pyramid Lake Reservation in Nevada. This reservation derives its name from the large lake which is included within its boundaries, and which is valued for its fisheries. At the February term of the United States district court for the district of Nevada, certain fishermen, trespassers, who had been previously removed from the reservation by the military, but who had returned thereto, were indicted, charged with having returned, in violation of section 2148, Revised Statutes. The special verdict and agreed facts showed that these men were engaged within the limits of the Pyramid Lake Reservation fishing, and dealing and trading in fish; that they were, by order of the proper authority, removed therefrom, and that thereafter they returned and resumed their former business. Upon the trial of the indictments, all the defendants were adjudged guilty as charged, and ordered to appear for sentence on the 15th July, 1879. Upon appeal to the United States circuit court, heard November, 1879, the judgment of the court below was affirmed, thereby establishing: first, that the whole of Pyramid Lake is within an Indian reservation; and, second, that it is Indian country within the meaning of the intercourse laws, and that trespassers may rightfully be removed therefrom. The defendants were ordered to appear for sentence December 1 and 2, 1879, but for some unexplained reason, probably, as the agent reports, owing to the universal sympathy accorded by all classes of the surrounding community to the offenders, sentence has not been passed, although a year has elapsed since the date on which they were ordered to appear. Recent advices from the agent in charge state that the offenders and those whose interests prompt them to engage in this unlawful pursuit, emboldened by the delay in enforcing even the defective statutes which exist, conclude that they have nothing to fear, and are busily engaged in perfecting their plans, securing large quantities of minnows, purchasing boats, and getting in readiness for renewed operations on the lake. The civil power having proved ineffective for the purpose, it will again be necessary to call in the aid of the military forces in order to protect the reservation. The law should be so framed that trespassers on Indian reservations should incur its penalty for the first as well as for every subsequent offense, and that such offense should be punishable by fine or imprisonment, or both, at the discretion of the court. Third. The enactment of suitable laws for Indian reservations. In the annual reports of this office for some years past the necessity for a judicial system or code of laws for the Indians has been specially commented upon. At the last session of Congress, House bill No. 350, as amended, was favorably reported from the House Committee on Indian Affairs. It reads as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the laws of the respective States and Territories in which are located Indian reservations, relating to the crimes of murder, manslaughter, arson, rape, burglary, larceny, and robbery, shall be deemed and taken to be the law and in force within such reservation; and the district courts of the United States within and for the respective districts in which such reservations may be located in any State, and the territorial courts of the respective Territories in which such reservations may be located, shall have original jurisdiction over all such offenses which may be committed within such reservations. In respect to all that portion of the Indian Territory not set apart and occupied by the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Indian tribes the provisions of the laws of the State of Kansas relating to the crimes of murder, manslaughter, arson, rape, burglary, and robbery shall be deemed and taken to be the law and in force therein; and the United States district court held at Fort Scott, Kansas, shall have exclusive original jurisdiction over all offenses arising in said portion of the Indian Territory. The place of punishment of any and all of said offenses shall be the same as for other like offenses arising within the jurisdiction of said respective courts. A similar bill (S. 1560) was also introduced in the Senate. I also refer to House bill No. 3437, 46th Congress, 2d session, as conferring a more extended jurisdiction. It is of the utmost importance that some such measure as the foregoing should be passed, not only in the interest of peace and good order among the Indians, but also as a necessary factor in the work of their civilization. Under the present system, outside of the five civilized tribes, crimes and offenses committed by one Indian against the person and property of another are remitted to tribal laws or customs for punishment. It is time that this relic of barbarism should cease. The Indian should be taught to know and respect the same law which governs the white man, and to recognize the fact that, while he is amenable to the law, he is equally entitled to its protection and privileges. I urgently renew the recommendations heretofore made upon all the foregoing subjects. INDIAN LANDS. In former annual reports of this office attention was drawn to the importance of securing to the Indians a uniform and perfect title to their lands, as a measure conducive in the highest degree to their present and future welfare. In the report for 1878 especially this subject was fully considered, and legislation looking to allotment of lands in severalty to Indians was strongly recommended. As the result thereof, House bill No. 354 was prepared by the department, and submitted at the extra session of the Forty-sixth Congress, but, like its predecessor, which had been introduced at the previous session, it failed to receive action. At the second session of the Forty-sixth Congress, House bill No. 5038, which in the mean time had been prepared as a substitute for H. R. No. 354, was reported by the House Committee on Indian Affairs. This latter bill is fuller and more comprehensive in its details than House bill No. 354, and has received the unqualified approval of this office as a measure well calculated to meet the requirements of the Indians. In this connection I would also draw attention to Senate bill No. 1773, introduced at the last session, which, in addition to providing for allotment of lands in severalty, extends over Indian tribes the protec tion of the laws of the States and Territories in which they may reside, and at the same time makes the Indians amenable thereto. |