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the rights and privileges of citizens: by secs. 2079 and 2080 of the United States Revised Statutes, Indian nation or tribe within the territory of the United States shall be acknowledged or recognised as an independent nation, tribe, or power with whom the United States may contract by treaty; but no obligation of any treaty, lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired. Whenever the tribal organisation of any Indian tribe is in actual hostility to the United States, the President is authorised by proclamation to declare all treaties with such tribe abrogated by such tribe, if in his opinion the same can be done consistently with good faith and legal and national obligations." There is a board of Indian Commissioners, composed of not more than ten persons, appointed by the President solely, from men eminent for intelligence and philanthropy, and who serve without pecuniary compensation, one of them acting as secretary, and receiving reasonable compensation, payable from any monies appropriated for the expenses of the board. This board supervises all expenditures of money appropriated for the benefit of Indians within the limits of the United States, and inspects all goods purchased for Indians in connection with the Commissioner of Indian Affairs, whose duty it is to consult the commission in making purchases of such goods. The members of this board are empowered to investigate Indian contracts, expenditure, accounts, &c. By and with the consent of the Senate, the President appoints a sufficient number of In

who hold office for four years, unless sooner removed by the President, and each receives an annual salary of $3000, and his necessary travelling expenses, not exceeding 10 cents a mile, for actual travel while in the discharge of his duty. Each Indian superintendency and agency is visited and examined as often as twice a-year by one or more of the inspectors, such examinations, so far as practicable, being made alternately by different inspectors, so that the same agency or superintendency is not examined twice in succession by the same inspectors. The President is authorised to appoint from time to time, by and with the advice and consent of the Senate, a certain number of superintendents of Indian affairs for certain districts, who hold office for four years, give bond in such penalties, and with such security, as the President or the Secretary of the Interior requires, and receive suitable salaries. Their duty is to exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the Government in Indian affairs, under such regulations as are established by the President, and to perform within their respective superintendencies such duties as are or may be assigned to superintendents of Indian affairs. The President is also authorised, by and with the advice and consent of the Senate, to appoint a certain number of Indian agents for certain agencies, who hold office for four years, and have to give bonds, &c. Each Indian agent, within his agency, manages and superintends the intercourse with the Indians agreeably to law; and executes and performs such regulations and duties, not inconsistent with law,

as are prescribed by the President, | the Secretary of the Interior, the Commissioner of Indian Affairs, or the Superintendent of Indian Affairs. Every Indian agent resides and keeps his agency within or near the territory of the tribe for which he is agent, and at such place as the President designates, and does not depart from the limits of his agency without permission. Any United States military officer may upon occasion be required by the President to execute the duties of an Indian agent without any other compensation than his actual travelling expenses. The Indian agents receive salaries from $1000 to $1500 per annum. It is unnecessary to go into details of the laws regulating the intercourse between Indians and citizens and others; protecting the Indian reservations from the encroachments of citizens and others; setting forth the terms of agreements between the United States and various tribes, the punishment of crimes, &c., &c.

It is the declared law of New York, South Carolina, and Tennessee (Kent's Com., vol. ii. p. 72), and probably so understood in other states, that Indians are not citizens, but distinct tribes living under the protection of the Government, and consequently they never can be made citizens under the Act of Congress. In an Ohio case, it has been held that youths of negro, Indian, and white blood, but of more than one-half white blood, are entitled, under the school law in favour of white children, to the benefit of the common school fund. In the State of New York, by the Act of 10th April 1843, chap. 87, any native Indian may purchase, take, hold, and convey lands in the same manner as a citizen; and whenever he becomes a freeholder to the value of $100, he becomes subject to taxation, and liable on contracts, and subject to

the civil jurisdiction of the courts of law and equity as a citizen. By the Act of Congress of March 3, 1842, provision was made for a just division of the lands belonging to the Stockbridge tribe of Indians, in the Territory of Wisconsin, among them individually, and patents to be issued to such individuals, in severalty and in fee; and such Indians were thenceforth to be deemed citizens of the United States, with all the privileges and duties attached thereto, and the powers and usages of those Indians as a tribe were thenceforth to cease. By the United States laws of June 18, 1881, chap. 23, any Indian born in the United States who is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned his tribal relations, shall, on making satisfactory proof of such abandonment, under the rules prescribed by the Secretary of the Interior, be entitled to the benefits of the Act entitled "An Act to secure homesteads to actual settlers on the public domain," approved May 20, 1862, and the Acts amendatory thereof, except that the provisions of the eighth section of the said Act are not held to apply to entries made under this Act; provided, however, that the title to lands so acquired by any Indian is not subject to alienation or incumbrance either by voluntary conveyance or the judgment, decree, or order of any court, and remains inalienable for a period of five years from the date of the patent issued therefor. Any such Indian is entitled to his distributive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations is void. In reservations in the State of New York, the Indians elect by a plurality of votes, given

by ballot, a clerk and treasurer, a certain number of peacemakers, and a marshal, all of whom are Indians of the nation, qualified to vote and hold office for one year. Male Indians of the age of twenty-one years belonging to the particular tribe are qualified to vote. In 1824 difficulty arose in the Stockbridge Indians respecting their mode of appointing peacemakers, on account of the mulattoes and negroes that had been adopted into their nation, and an Act was passed making it lawful for the Stockbridge and Delaware Indians that had been adopted into the Stockbridge tribe to meet in general council, and, by a majority of votes given in such council, to appoint peacemakers and a town-clerk, but unlawful for any negro or mulatto to meet or vote in any such council. By the laws of 1849, chap. 420, the first title of the eighth chapter and second part of the Revised Statutes "of husband and wife," and all laws in addition and amendatory thereof, and the Act entitled, "An Act to punish seduction as a crime," passed March 22, 1848, were extended over and made applicable to all Indians residing within the State of New York, with the same force and effect as if they were citizens of the state; and the same courts having jurisdiction under those laws in cases of citizens, have jurisdiction in like cases in which one or more Indians may be concerned. All Indians who contract marriage according to the Indian custom or usage, and cohabit as husband and wife, are deemed and held to be lawfully married and their children legitimate. Marriages between Indians may be solemnised by peacemakers within their jurisdiction with the like force and effect as if by a justice of the peace. These peacemakers have authority to hear and determine all matters, disputes, and controversies between any Indians residing upon

their respective reservations, but do not take cognisance of any claim founded upon any debt or demand originally contracted with a white man. Two of them form a court. They cannot, in the Tonawanda reservation, award more than $100, exclusive of costs, in favour of any party in any one complaint or suit. No peacemaker acts in any case in which he is related by blood to either of the parties within the fourth degree by the common law, or has any interest in the controversy; and when such relationship or interest in any two of the three peacemakers is established to the satisfaction of the other, he associates with him any two chiefs residing on the reservation not related to the parties, and not having any interest in the controversy, and they, or a majority of them, form the court. Any person dissatisfied with the determination of any tribunal may appeal therefrom to a jury of six chiefs. Upon the appealing party giving security, approved by the peacemakers, to pay the amount to be awarded by the jury, the tribunal whose decision is appealed from causes the marshal to summon twelve chiefs designated by it, six of whom are drawn by lot, to hear the appeal. Chiefs related or interested as aforesaid are set aside, and others are drawn instead of them. The jury thus constituted hears the appeal, examines the witnesses and parties on oath, if required, in the same cases, and in like manner, and upon the like evidence, as in the case of a determination by the peacemakers. Each such juror is entitled to receive 25 cents for his services, paid in the first instance by the party appealing, they in their final determination directing which party is to pay the costs and expenses. Peacemakers do not receive any fees for their services to their own use, but all such fees are paid to the treasurer of the band for its use. The unsuc

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cessful party in a controversy pays the costs, consisting of the fees of the marshal and 50 cents each for the attendance of the peacemakers, and 25 cents for each adjournment. The marshal holds the same position as a constable in towns of the state. fees are 12 cents for serving every summons, and 25 cents for serving every execution not exceeding $2.50, and at the rate of 10 cents in the dollar for any excess thereover. The peacemakers are each allowed, by the chiefs in council, an annual compensation not exceeding $50, paid semiannually by the treasurer. In suits between Indians which involve over $100, the amount which the peacemakers can award, the state courts have to be resorted to, in the same manner and with the like effect as between white citizens. Upon 4th December 1848 the Seneca Indians on the Allegany and Cattaraugus reservations met in convention, and formed a constitution for their government founded on popular elections, and thereby abrogated their former government by chiefs, and the state legislature passed concurrent resolutions recognising this new government, in which it was resolved, "That the recognition by the Government of the United States of the new government formed by the Indians residing on the Cattaraugus and Allegany reservations establishes the new government as that which the State of New York must receive and acknowledge in its dealings with said Indians, and that the officers of this state ought, and are hereby instructed, to respect such new government accordingly." In these reservations the peacemakers have exclusive jurisdiction to grant divorces as between Indians residing on said reservations, with the right of appeal to the council by any party aggrieved. Among the Brotherton Indians the rule of descent of lands is that children take equally

if they are all in equal degree of kindred to the deceased, but the issue of a deceased child or children take only such share as the parent would have taken if living, and the like division, per stirpes, is made among the descendants of such deceased Indian in the remotest degree; and if such Indian leave no issue, then the lands revert to the Brotherton Indians, and the superintendents thereupon assign the same to some other Indian or Indians entitled thereto. But the widow in all cases has a right to continue in the house her husband died possessed of during her widowhood, and the superintendents also assign to her so much of the land of her husband as they think necessary.

The aim of all the United States and state legislation regarding Indians is to gradually civilise and educate them in the ways of self-government, with the view of ultimately making them citizens; meantime to protect them from citizens and others, who would soon, if not prevented by stringent laws, deprive the Indians of all lands and property, and drive them into Sheol.

The Secretary of the Interior, in his annual report for 1886, spoke very favourably of the progress of Indian affairs, and submitted evidence that the work of elevating the race was bearing fruit. He referred to the policy of the administration thus: "That policy, as I understand it, is the incorporation of the Indian race into our political and social system as citizens. Before, however, this consummation, which will be the crowning glory of our Government, can be attained, there must be some radical changes in our Indian policy. The present system was, when adopted, admirably adapted to the then existing condition of the Indians, and is yet, so far as is required to keep in order and peace and the greatest practicable comfort a large

mass of savage and semi-barbarous population, dependent upon the chase and the bounty of the Government for its subsistence. But this condition it is impossible to continue. The only alternative now presented to the American Indian race is speedy entrance into the pale of American civilisation, or absolute extinction. In order to escape the latter and attain the former, three conditions of preparation are indispensable. The first is to get established in this race the idea and habitude of individual property-holding, thorough reliance upon its inviolability, and a perfect sense of security in the enjoyment of its benefits. Second, an education of the entire mass of the youth of this race, embracing a thorough knowledge of the use of the English language in the daily affairs of life, arithmetic and the mechanical arts among the males, and among the females the domestic arts in use with that sex. Third, a substitution of the universal operation of law among them, in the enforcement of justice and the protection of person and property, and the punishment of crimes, for the agencies of force and superstition." The work of locating the Indians on lands in severalty has been, and is now being, pushed with commendable activity by the Commissioner of Indian Affairs. During the year about 800 Indians have received title, as prescribed by treaties, to allotments of land for individual occupancy. Quite a number have taken up homesteads on the public domain under the Indian homestead laws. A large number have been located who have not yet been furnished with a title to their selections. There are 214 Indian schools, with an average attendance of 9528, which cost the Government last year $787,881.42. Crimes committed by Indians frequently go unpunished, because of the expense which would be entailed

upon the territories. The report recommends that the territories should be relieved of such burdens, and that provision should be made for compensating Indians whose land is taken for railroad purposes. The total amount expended by the Indian Bureau was $6,190,751.82; balance of appropriation unexpended, $1,660,023.30.

In his annual message of 1886, the President renews his recommendation for "the appointment of a commission as an instrumentality auxiliary to those already established for the care of the Indians." It was designed that the commission should be composed of six intelligent and capable persons, three to be detailed from the army, having practical ideas upon the subject of the treatment of Indians, and interested in their welfare; and that it should be charged, under the direction of the Secretary of the Interior, with the management of such matters of detail as cannot, with the present organisation, be properly and successfully conducted, and which present different phases, as the Indians themselves differ in their progress, needs, disposition, and capacity for improvement or immediate self-support.

A commission, consisting of Bishop H. B. Whipple of Minnesota, Colonel J. V. Wright of Tennessee, and Major C. F. Larrabee of the Indian Office, appointed by an Act of Congress to negotiate with certain Indian tribes in Minnesota, Dakota, Montana, Idaho, and Washington Territory, submitted a report of their operations to the Commissioner of Indian Affairs. It seems they effected two separate and distinct agreements-viz., (1) with the Indians of the White Earth, Leech Lake, Cass Lake, Lake Winnebigoshish, and White Oak Point reservations and the Gull River band; and (2) with the Indians of the Red Lake reservations. By the first agreement,