America's Indian Problem
The hospitality of the American aborigine, it is told, saved the early settlers from starvation during the first bleak winters. In commemoration of having been so well received, Newport erected "a cross as a sign of English dominion." With sweet words he quieted the suspicions of Chief Powhatan, his friend. He "told him that the arms (of the cross) represented Powhatan and himself, and the middle their united league."
It is said that the hospitality of the American aborigine saved the early settlers from starvation during their first bleak winters. To mark how well he had been received, Newport erected "a cross as a sign of English dominion." With sweet words, he calmed the suspicions of his friend Chief Powhatan. He "told him that the arms (of the cross) represented Powhatan and himself, and the middle their united league."
DeSoto and his Spaniards were graciously received by the Indian Princess Cofachiqui in the South. While on a sight-seeing tour they entered the ancestral tombs of those Indians. DeSoto "dipped into the pearls and gave his two joined hands full to each cavalier to make rosaries of, he said, to say prayers for their sins on. We imagine if their prayers were in proportion to their sins they must have spent the most of their time at their devotions."
DeSoto and his Spaniards were graciously welcomed in the South by the Indian Princess Cofachiqui. While sightseeing, they entered the ancestral tombs of those Indians. DeSoto "scooped up the pearls and gave each cavalier a double handful. He said they were to make rosaries from them and say prayers for their sins. We imagine that if their prayers matched their sins, they must have spent most of their time praying."
It was in this fashion that the old world snatched away the fee in the land of the new. It was in this fashion that America was divided between the powers of Europe and the aborigines were dispossessed of their country. The barbaric rule of might from which the paleface had fled hither for refuge caught up with him again, and in the melee the hospitable native suffered "legal disability."
In this way, the old world seized ownership of land in the new world. In this way, America was divided among the powers of Europe, and the aborigines were robbed of their country. The paleface had fled here to escape the barbaric rule of might, but it caught up with him again. In the struggle, the hospitable native suffered "legal disability."
History tells that it was from the English and the Spanish our government inherited its legal victims, the American Indians, whom to this day we hold as wards and not as citizens of their own freedom loving land. A long century of dishonor followed this inheritance of somebody's loot. Now the time is at hand when the American Indian shall have his day in court through the help of the women of America. The stain upon America's fair name is to be removed, and the remnant of the Indian nation, suffering from malnutrition, is to number among the invited invisible guests at your dinner tables.
History tells us that our government inherited its legal victims, the American Indians, from the English and the Spanish. To this day, we treat them as wards, not citizens of their own freedom-loving land. A long century of dishonor followed this inheritance of somebody else's loot. Now the time has come for the American Indian to have his day in court, with help from the women of America. The stain on America's good name will be removed. And the remnant of the Indian nation, suffering from malnutrition, will be among the invited invisible guests at your dinner tables.
In this undertaking there must be cooperation of head, heart and hand. We serve both our own government and a voiceless people within our midst. We would open the door of American opportunity to the red man and encourage him to find his rightful place in our American life. We would remove the barriers that hinder his normal development.
This work requires cooperation of head, heart, and hand. We serve both our own government and a voiceless people among us. We want to open the door of American opportunity to the red man. We want to encourage him to find his rightful place in American life. We want to remove the barriers that hold back his normal development.
Wardship is no substitute for American citizenship, therefore we seek his enfranchisement. The many treaties made in good faith with the Indian by our government we would like to see equitably settled. By a constructive program we hope to do away with the "piecemeal legislation" affecting Indians here and there which has proven an exceedingly expensive and disappointing method.
Wardship is no substitute for American citizenship, so we seek citizenship for the Indian. We would like to see all the treaties our government made in good faith with the Indian settled fairly. Through a constructive program, we hope to end "piecemeal legislation" affecting Indians in different places. This approach has proven extremely expensive and disappointing.
Do you know what your Bureau of Indian Affairs, in Washington, D.C., really is? How it is organized and how it deals with wards of the nation? This is our first study. Let us be informed of facts and then we may formulate our opinions. In the remaining space allowed me I shall quote from the report of the Bureau of Municipal Research, in their investigation of the Indian Bureau, published by them in the September issue, 1915, No. 65, "Municipal Research," 261 Broadway, New York City. This report is just as good for our use today as when it was first made, for very little, if any, change has been made in the administration of Indian Affairs since then.
Do you know what your Bureau of Indian Affairs in Washington, D.C., really is? Do you know how it is organized and how it deals with the nation’s wards? This is our first subject of study. Let us learn the facts, and then we may form our opinions. In the space I have left, I will quote from the Bureau of Municipal Research’s investigation of the Indian Bureau. The Bureau of Municipal Research published its report in the September 1915 issue, No. 65, of "Municipal Research," 261 Broadway, New York City. The report is just as useful to us today as it was when first published. Very little, if anything, has changed in the administration of Indian Affairs since then.
PREFATORY NOTE
Preface
"While this report was printed for the information of members of Congress, it was not made a part of the report of the Joint Commission of Congress, at whose request it was prepared, and is not available for distribution."
"Although this report was printed to inform members of Congress, it was not included in the Joint Commission of Congress's report. The Joint Commission had requested it, and it is not available for distribution."
UNPUBLISHED DIGEST OF STATUTORY AND TREATY PROVISIONS GOVERNING INDIAN FUNDS
Unpublished Summary of Laws and Treaty Provisions Governing Indian Funds
"When in 1913 inquiry was made into the accounting and reporting methods of the Indian Office by the President's Commission on Economy and Efficiency, it was found there was no digest of the provisions of statutes and treaties with Indian tribes governing Indian funds and the trust obligations of the government. Such a digest was therefore prepared. It was not completed, however, until after Congress adjourned March 4, 1913. Then, instead of being published, it found its way into the pigeon-holes in the Interior Department and the Civil Service Commission, where the working papers and unpublished reports of the commission were ordered stored. The digest itself would make a document of about three hundred pages."
"In 1913, the President's Commission on Economy and Efficiency examined the Indian Office's accounting and reporting methods. The commission found no summary of the laws and treaties with Indian tribes governing Indian funds and the government's trust obligations. The commission therefore prepared a summary. But it was not completed until after Congress adjourned on March 4, 1913. Instead of being published, the summary was filed away in the Interior Department and the Civil Service Commission. The commission's working papers and unpublished reports had been ordered stored there. The summary itself would make a document of about three hundred pages."
UNPUBLISHED OUTLINE OF ORGANIZATION
Unpublished Outline of Organization
"By order of the President, the commission, in cooperation with various persons assigned to this work, also prepared at great pains a complete analysis of the organization of every department, office and commission of the federal government as of July 1, 1912. This represented a complete picture of the government as a whole in summary outline; it also represented an accurate picture of every administrative bureau, office, and of every operative or field station, and showed in his working relation each of the 500,000 officers and employes in the public service. The report in typewritten form was one of the working documents used in the preparation of the 'budget' submitted by President Taft to Congress in February, 1913. The 'budget' was ordered printed by Congress, but the cost thereof was to be charged against the President's appropriation. There was not enough money remaining in this appropriation to warrant the printing of the report on organization. It, therefore, also found repose in a dark closet."
By order of the President, the commission worked with various people assigned to the task. Together, they took great pains to prepare a complete analysis of the organization of every federal department, office, and commission as of July 1, 1912. The analysis provided a complete summary outline of the government as a whole. It also gave an accurate picture of every administrative bureau, office, and operating or field station. It showed each of the 500,000 public officers and employees in relation to the others they worked with. The typewritten report was one of the working documents used to prepare the 'budget' President Taft submitted to Congress in February, 1913. Congress ordered the 'budget' printed, but the cost was to be charged to the President's appropriation. Not enough money remained in that appropriation to justify printing the report on organization. So it, too, came to rest in a dark closet.
TOO VOLUMINOUS TO BE MADE PART OF THIS SERIES
Too Long to Be Included in This Series
"Congress alone could make the necessary provision for the publication of these materials; the documents are too voluminous to be printed as a part of this series, even if official permission were granted. It is again suggested, however, that the data might be made readily accessible and available to students by placing in manuscript division of the Library of Congress one copy of the unpublished reports and working papers of the President's Commission on Economy and Efficiency. This action was recommended by the commission, but the only official action taken was to order that the materials be placed under lock and key in the Civil Service Commission."
"Only Congress could provide for these materials to be published. The documents are too long to print as part of this series, even if official permission were granted. Again, however, it is suggested that the data could be made readily available to students. One copy of the unpublished reports and working papers of the President's Commission on Economy and Efficiency could be placed in the manuscript division of the Library of Congress. The commission recommended this action. But the only official action was an order to keep the materials under lock and key at the Civil Service Commission."
NEED FOR SPECIAL CARE IN MANAGEMENT
Need for Special Care in Management
"The need for special care in the management of Indian Affairs lies in the fact that in theory of law the Indian has not the rights of a citizen. He has not even the rights of a foreign resident. The Indian individually does not have access to the courts; he can not individually appeal to the administrative and judicial branches of the public service for the enforcement of his rights. He himself is considered as a ward of the United States. His property and funds are held in trust. * * * The Indian Office is the agency of the government for administering both the guardianship of the Indian and the trusteeship of his properties."
"Indian Affairs requires special care because, in legal theory, the Indian does not have the rights of a citizen. He does not even have the rights of a foreign resident. An individual Indian cannot go to court. He cannot appeal individually to government administrative and judicial branches to enforce his rights. He is considered a ward of the United States. His property and funds are held in trust. * * * The Indian Office is the government agency responsible for both the guardianship of the Indian and the trusteeship of his property."
CONDITIONS ADVERSE TO GOOD ADMINISTRATION
Conditions That Hinder Good Administration
"The legal status of the Indian and his property is the condition which makes it incumbent on the government to assume the obligation of protector. What is of special interest in this inquiry is to note the conditions under which the Indian Office has been required to conduct its business. In no other relation are the agents of the government under conditions more adverse to efficient administration. The influence which make for the infidelity to trusteeship, for subversion of properties and funds, for the violation of physical and moral welfare have been powerful. The opportunities and inducements are much greater than those which have operated with ruinous effect on other branches of public service and on the trustees and officers of our great private corporations. In many instances, the integrity of these have been broken down."
"The legal status of the Indian and his property requires the government to act as protector. This inquiry is especially concerned with the conditions under which the Indian Office has had to conduct its business. In no other role do government agents face conditions more hostile to efficient administration. Powerful influences have encouraged betrayal of their responsibilities as trustees, misuse of property and funds, and harm to physical and moral welfare. The opportunities and incentives for such abuses are far greater than those that have had ruinous effects elsewhere. They have damaged other branches of public service and the trustees and officers of our great private corporations. In many instances, their integrity has been destroyed."
GOVERNMENT MACHINERY INADEQUATE
Government System Is Inadequate
"* * * Behind the sham protection, which operated largely as a blind to publicity, have been at all times great wealth in the form of Indian funds to be subverted; valuable lands, mines, oil fields, and other natural resources to be despoiled or appropriated to the use of the trader; and large profits to be made by those dealing with trustees who were animated by motives of gain. This has been the situation in which the Indian Service has been for more than a century—the Indian during all this time having his rights and properties to greater or less extent neglected; the guardian, the government, in many instances, passive to conditions which have contributed to his undoing."
"* * * The sham protection largely served to hide the truth from the public. Behind it, there was always great wealth in Indian funds that could be diverted. Valuable lands, mines, oil fields, and other natural resources could be stripped or taken for the trader's use. Those who dealt with trustees driven by profit could also make large gains. This has been the situation in the Indian Service for more than a century. Throughout that time, the Indian's rights and property have been neglected to a greater or lesser extent. In many cases, the government, his guardian, has stood by while conditions contributed to his ruin."
OPPORTUNITIES STILL PRESENT
Opportunities Still Exist
"And still, due to the increasing value of his remaining estate, there is left an inducement to fraud, corruption, and institutional incompetence almost beyond the possibility of comprehension. The properties and funds of the Indians today are estimated at not less than one thousand millions of dollars. There is still a great obligation to be discharged, which must run through many years. The government itself owes many millions of dollars for Indian moneys which it has converted to its own use, and it is of interest to note that it does not know and the officers do not know what is the present condition of the Indian funds in their keeping."
“And yet, as his remaining estate grows in value, it still invites fraud, corruption, and institutional incompetence almost beyond comprehension. The property and funds of the Indians today are estimated at no less than one billion dollars. There is still a great obligation to fulfill, and it will take many years. The government itself owes many millions of dollars in Indian money that it has taken for its own use. And it is worth noting that neither the government nor its officers know the current state of the Indian funds in their care.”
PRIMARY DEFECTS
Primary Defects
"* * * The story of the mismanagement of Indian Affairs is only a chapter in the history of the mismanagement of corporate trusts. The Indian has been the victim of the same kind of neglect, the same abortive processes, the same malpractices as have the life insurance policyholders, the bank depositor, the industrial and transportation shareholder. The form of organization of the trusteeship has been one which does not provide for independent audit and supervision. The institutional methods and practices have been such that they do not provide either a fact basis for official judgment or publicity of facts which, if made available, would supply evidence of infidelity. In the operation of this machinery, there has not been the means provided for effective official scrutiny and the public conscience could not be reached."
* * * The story of mismanagement in Indian Affairs is only one chapter in the history of mismanaged corporate trusts. The Indian has suffered the same neglect, failed processes, and misconduct as life insurance policyholders, bank depositors, and industrial and transportation shareholders. The trusteeship is organized in a way that does not provide for independent audits or oversight. Its methods and practices do not provide officials with the facts they need to make judgments. Nor do they make public the facts that, if available, would provide evidence of betrayal of trust. The system has provided no means for effective official scrutiny, and the public conscience could not be reached.
AMPLE PRECEDENTS TO BE FOLLOWED
Plenty of Precedents to Follow
"Precedents to be followed are ample. In private corporate trusts that have been mismanaged a basis of appeal has been found only when some favorable circumstance has brought to light conditions so shocking as to cause those people who have possessed political power, as a matter of self-protection, to demand a thorough reorganization and revision of methods. The same motive has lain back of legislation for the Indian. But the motive to political action has been less effective, for the reason that in the past the Indians who have acted in self-protection have either been killed or placed in confinement. All the machinery of government has been set to work to repress rather than to provide adequate means for justly dealing with a large population which had no political rights."—Edict Magazine.
"There are plenty of precedents to follow. When private corporate trusts have been mismanaged, people have found grounds to appeal only when favorable circumstances exposed shocking conditions. Those conditions led people with political power to demand thorough reorganization and changes in methods to protect themselves. The same motive has driven legislation for the Indian. But this motive for political action has been less effective. In the past, Indians who acted to protect themselves were either killed or confined. All the machinery of government has been used to repress them. It has not been used to provide adequate means of dealing justly with a large population that had no political rights." Edict Magazine.
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This Book should be in every home
This book should be in every home
Old Indian Legends
Old Indian Legends
25 Seminole Avenue, Forest Hill, L.I., N.Y.,
25 Seminole Avenue, Forest Hill, Long Island, New York,
August 25, 1919.
August 25, 1919.
Dear Zitkala-Sa:
Dear Zitkala-Sa:
I thank you for your book on Indian legends. I have read them with exquisite pleasure. Like all folk tales they mirror the child life of the world. There is in them a note of wild, strange music.
Thank you for your book of Indian legends. I have read them with great pleasure. Like all folk tales, they reflect the world’s childhood. They have a note of wild, strange music.
You have translated them into our language in a way that will keep them alive in the hearts of men. They are so young, so fresh, so full of the odors of the virgin forest untrod by the foot of white man! The thoughts of your people seem dipped in the colors of the rainbow, palpitant with the play of winds, eerie with the thrill of a spirit-world unseen but felt and feared.
You have translated them into our language in a way that will keep them alive in people's hearts. They are so young and fresh, so full of the scents of the untouched forest where no white man has walked! The thoughts of your people seem dipped in the colors of the rainbow and alive with the movement of the winds. They are full of the eerie thrill of a spirit world, unseen but felt and feared.
Your tales of birds, beast, tree and spirit can not but hold captive the hearts of all children. They will kindle in their young minds that eternal wonder which creates poetry and keeps life fresh and eager. I wish you and your little book of Indian tales all success.
Your tales of birds, animals, trees, and spirits will surely capture the hearts of all children. They will spark an enduring wonder in young minds, the kind that creates poetry and keeps life fresh and exciting. I wish you and your little book of Indian tales every success.
I am always
I am always
Sincerely your friend,
Your sincere friend,
(Signed) HELEN KELLER.
(Signed) HELEN KELLER.
The end