Condition of (Indian) Affairs - Pages 87-115



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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. ss.

SAN FERNANDO, Sept. 9th, 1887. 

I, the undersigned, Romulo Pico, was present when the Sheriff's Deputies 
came to eject the Indian Rogerio and his family, and know it to be a fact 
that neither ex-Senator Maclay nor any one offered money or provisions to 
said Rogerio nor a house to move into; they were simply taken to the 
county road and left there. .......... ROMULO PICO. 

Subscribed and sworn to before me, this 12th day of September, 1887, A. D. 

GEO. BUTLER GRIFFIN, [SEAL]. .......... Notary Public . [Copy]. 

And lastly, the affidavit of the old man, Rogerio, himself:-- STATE OF 
CALIFORNIA, CITY OF LOS ANGELES. ss. 

I, Rogerio Roch, native of the mission of San Fernando, Indian of the said 
mission, of the age of seventy-six years, more or less, by trade a 
blacksmith. With respect to the way in which they despoiled the land where 
I had lived all my life and my antecedents from time immemorial. Senor Don 
Andres Rico and Don Elugio DeCelis, owners of the said mission in the year 
1871, advised me to have the land I considered mine measured by a 
surveyor, which I did; the map I still have in my possession, and it is 
registered in the archives of the city, and I have paid all the respective 
taxes. 

In the year 1885 Charles Maclay, by the interpretor Romulo Pico, told me 
that the ground which I occupied in the mission of San Fernando was his, 
that he had bought it from DeCelis, and for that reason I must leave the 
place. I answered that "I would not leave, as it was my property, and that 
DeCelis told me it was not true, for how could he sell what was not his." 
A short time after came a sheriff and Maclay, and, as far as I could 
understand, wanted me to sign a paper. I answered, "I sign nothing." On 
the first of November of the said year two deputy sheriffs, one a Spaniard 
named Martin Agiurre, notified me that they had orders to deprive me of 
the place, and I answered them 

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to do as the law commanded them. The officers were provided with a cart, 
which they loaded with furniture, seeds and a set of tools belonging to my 
trade, and at the distance of two miles, more or less, in the public road, 
threw these things out; in this way they made two or three trips. My wife 
and three other women followed the cart on foot. I remained in my house 
watching the saddest event of my life. The officers then asked me whether 
I would not leave the place. I answered to act according to their duty; 
then four persons took hold of me, put me in the wagon, and placed me with 
my family and goods. In that sad situation we remained eight days and 
nights, not knowing what to do, for we had not the means of moving and did 
not know where to go; for all that vast country for many miles belonged to 
the man who had despoiled me of my property. I came to Los Angeles, and 
the Bishop promised to harbor me in one of the ruins of the mission while 
I considered what I should do. I could not move then because it began to 
rain, and the rain lasted four days. That rain weakened our bodies, as we 
had not the slightest shelter nor way in which to cook anything; for the 
little flour, sugar and other things the rain had spoiled. 

The women were rendered helpless; my wife fell ill, and died in 
consequence of this. When the rain ceased, I moved to the mission with the 
little I had left, which was nothing. 

My property on the land consisted of two adobe houses (made of sun-baked 
bricks), two of wood, about forty chickens, a black-smith's forge, with 
all my iron and utensils by which means I supported myself; everything 
disappeared and the most cherished of my life, my dear companion. Now, 
incapable of hard work, I am the charity of persons who assign me a corner 
where to pass the night. All that they say that they offered me--means, 
house, money to pay and to better me--is absolutely false. There are 
several persons who know about the negotiation. 

ROGERIO F. ROCH (mark X). [Copy.] 

It is due Judge Widney to say that he was not associated with Messrs. 
Maclay and Porter in the original purchase of the ranch, and so far as the 
circular conveys that impression it was incorrect. He was associated with 
Maclay as his attorney at an early 

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day in the history of the case--specifically, when advantage was taken of 
the ignorance of the Indians and a verdict was given against them on a 
technical mistake; and was, morally, partner in all the honor due the 
plaintiff in the victory gained, and financial partner in the spoils 
gathered. The circular was also incorrect in so far as the impression was 
conveyed that the theological seminary, or "College," as Mr. Maclay calls 
it, is located on the exact spot on which Rogerio's house stood. This is 
not true. The land was not suitable for such a purpose. 

That the valuable spring of water on this land, the thing for which the 
fight was really made, did give value to the land out of which the money 
given for this school was realized, and really constitutes the foundation 
of this school, so far as these gentlemen have laid that foundation, this 
is not denied, and perhaps will not be. 

These corrections are made in deference to these gentlemen, who say that 
their good name is dear to them, and should be made as widely as the 
original "infamously false" statements were circulated, and this I hope to 
do in the report herewith made. 

Bishop Fowler was also much grieved because of the attack which the 
Christian Union , in printing this circular, had made upon his church. He 
thought that if I had known from what those Indians were taken, and to 
what, I would not have made complaint of hardship or cruelty. In answer to 
my questions, he said they had no enclosed land from which they were 
removed; no fields, and their houses were nothing but brushes thrown up on 
some poles. These were pointed out to him by Judge Widney. I told him that 
what he saw was quite other than the sheriffs who ejected them described 
to me. When I asked to what they had been taken, he could make no answer, 
and so I had to supply the answer from the sworn statement of the 
sheriffs, that it was to the county road. He thought if I had lived "West,
" in contact with these people, I would not have the feeling for them 
which I had manifested; to which I could only say: "I still cling to an 
old-fashioned idea that the principles of our Declaration of Independence 
and of the Golden Rule and of the Sermon on the Mount have their 
application to all God's children, of whatever race, color or condition. 
It throws some light on 

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the dark history of the wrongs inflicted upon the Indians of this country 
when we find that a good Bishop of the church, under the guidance of an 
Honorable Judge, could see nothing but brush thrown upon poles, and no 
cultivated fields, when other men swear there were enclosed fields and 
good adobe and frame houses, and can urge that it was alone because I was 
a "tender-foot," I could make objection to the treatment Rogerio had 
received. 

Now that the Supreme Court of California has reversed the decision of the 
lower court in the case of the Saboba Indians, and affirmed their right to 
a home on these grants under the Mexican laws and the treaty of Hidalgo 
Guadalupe, it is to be hoped that some remedy may be found for the wrongs 
inflicted upon these Fernando Indians; but if their case cannot be opened 
again in Court, at least, that these gentlemen, whose good names are very 
dear to them, and whose contributions to the cause of Christ and his 
kingdom have been so large, now that the Supreme Court of the State has 
decided the question, which they took advantage of a technicality to 
prevent coming to an issue in the court, and has affirmed the right of the 
Indians to the land and water and homes which they took from them, they 
will, in vindication of their good name, and as an illustration of the 
spirit of the gospel of Christ, come forward and restore what they have 
taken away under the forms of law, but in violation both of law, as now 
enunciated by the Supreme Court of the State, and of justice. The dear 
companion of his life they cannot give back to Rogerio. Over her dead body 
the desolate old man has repeated the burial service of his church in 
Latin, and hid her forever from sight, but the old man might be taken from 
the corner which charity assigns him for the passing night, and given a 
home reestablished on the site of the old one destroyed, thus, at last, 
making true their assertion, which has been so flatly contradicted, that 
they have made provision for his wants. 

The promise made to Mrs. Helen Hunt Jackson, that the cause of her Mission 
Indians should be taken up and carried forward, has been, partially at 
least, fulfilled. The case of the Saboba Indians was restored to the 
calendar at my request, after it had been decided against them by default, 
the attorney not responding when it was called in court. Counsel was 
appointed by the 

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Government, at my earnest solicitation, to defend them, and when it 
appeared that this Counsel was expected and required to serve without 
compensation, which he refused to do, the case was stated to the Indian 
Rights Association, and my promise that he should have compensation was 
assumed by its Executive Committee. When the case went against the Indians 
in the lower court, and the Government, though urged to do it, failed to 
give the security required by the court for costs and indemnity before an 
appeal would be allowed, the Corresponding Secretary of the Association 
deposited with the court his check for $3300, and the case went up to the 
Supreme Court, when, after a hearing, first, before three of the judges, 
and then a rehearing having been ordered before the full bench, and at 
last the case is decided in favor of the Indians, so broadly that the 
decision would have given the many Indians driven from their homes at 
Temecula and other points the lands which have been torn from them, and 
makes sure that nearly five hundred who have been threatened with 
ejectment at Pauma, San Ysabel, Aqua Caliente, San Felipe and other 
points, can successfully resist the effort. 

That the legal as well as essential outrage which has been perpetrated in 
the past may stand out in bold relief, I give in full this decision. The 
culpable stupidity and ignorance of our National Legislature will also be 
seen when it made the following report of a Senate Committee, to which the 
question of the title of Mission Indians to these lands was referred, the 
basis of its action. 

"The United States acquiring possession of the territory from Mexico, 
succeeded to its right in the soil; and since that Government regarded 
itself as the absolute and unqualified owner of it, and held that the 
Indian had no usufructuary or other rights therein, which were to be in 
any manner respected, they, the United States, were under no obligation to 
treat with the Indians occupying the same, for the extinguishment of their 
titles." 

Guided, it would seem, by this report, which the judges of the Supreme 
Court now hold to be so utterly false as to the facts, we have regarded 
the presence of even civilized Indians on a piece of land as no more a bar 
to the settlement of whites on it than would the presence of a cow or 
wolf. 

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It is also with the hope that the American people, seeing in the light of 
this decision the history of legalized wrong which has been enacted, will 
rise up in their might and in supreme indignation, and insist that a 
remedy shall be applied, not alone in cases now pending, but also in those 
which have passed into the dark and shameful history of the past, that the 
earnest attention of the reader is asked to this decision of the Supreme 
Court of California, with which I close this report, believing that 
through the persistent efforts of the Indian Rights Association in this 
case, we turn down the last page of the history of our shame, and are 
about to enter upon a brighter and more creditable chapter, in which is to 
be recorded our atonement for these wrongs.-- 

THE CASE OF BYRNES VS. ALAS, ET AL. IN BANC. [Filed January 31st, 1888.] 
BYRNE vs . ALAS, et al . No. 11,855. 

The complaint in this action is in the usual form in ejectment. The 
defendants--over twenty in number--are Mission or Pueblo Indians, claiming 
the land by virtue of their possession and the continuous, open and 
exclusive use and occupancy by their predecessors and ancestors ever since 
the year 1815. 

The plaintiff had judgment in the court below upon the following agreed 
statement of facts: "First. That the premises here in controversy are 
included in the exterior boundaries of the Mexican grant of the San 
Jacinto ranche, made December 31st, 1842. That said grant was duly 
confirmed by the United States courts, and that a United States patent 
issued therefor January 17th, 1880. That at the time of the commencement 
of this action plaintiff held legal title to the premises in controversy 
as the legal successor of the patentee from the Government. Second. That 
the defendants here are Mission or Pueblo Indians; that their ancestors 
and predecessors have been in the continuous, open and notorious, 
peaceable and exclusive possession, occupancy and use of the premises in 
controversy, claiming adversely to all the world ever since, and for a 
long time prior 

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to the establishment of the Mexican Republic, to wit, ever since the year 
A. D. 1815. That the defendants never presented their claim to the land in 
controversy to the Board of Land Commissioners appointed by the Act of 
Congress, passed March 3d, 1851, and entitled `An Act to ascertain and 
settle the private land claims in the State of California.' It is further 
agreed that all defence of the statute of limitations is hereby waived on 
the parts of the defendants herein." 

1. The questions presented for our consideration upon these facts are 
difficult and important. The civilized and Christianized Indians of the 
Californias, and, indeed, of all the Spanish colonies, seem to have been 
treated as the special and favorite wards of the Spanish sovereigns. Their 
moral and spiritual welfare and improvement were regarded as matters of 
great interest to the country, and their personal security, peace, 
prosperity and rights of property were most jealously guarded through 
legislation and by those in authority. In these respects the contrast 
between the policy of the Spanish and Mexican Governments toward their 
aborigines and that manifested in some of the English colonies during 
contemporaneous reigns is quite marked. Early in the sixteenth century 
King Philip commanded that settlements on and appointments of the new 
Territories should be without damage to the Indians, and "that the farms 
and lands which shall be given to the Spaniards shall be without prejudice 
to the Indians, and that those which have been given to their prejudice 
and damage shall be returned to whom by law they may belong." (2 White's 
"New Recopilacion," 51.) It was made the special duty of local judges to 
visit the farms of the Indians, without previous request so to do, and 
ascertain whether the Indians had suffered any injury in person or in 
property; and if deemed best, after due notice, to remove them to some 
other place. It was provided that "the Indians shall be left in possession 
of their lands hereditaments and pastures in such manner as that they 
shall not stand in need of the necessaries of life." No compositions were 
admitted of lands which Spaniards had acquired from Indians illegally; and 
the protectors were commanded to procure all illegal contracts to be 
annulled. 

"The broad field of Spanish jurisprudence bristled all over 

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with fortifications for the protection of the Indians. The Government of 
Spain, while careful of their proprietary rights, expended much for their 
conversion to Christianity. 

"As soon as the Indians became sufficiently pacified, the governors 
(adelantados), were to distribute them among the colonists, who were to 
take charge of them and watch over their welfare, as provided in Book 6 of 
the "Recopilacion de las Indias." 

"Laws were provided for the founding of Indian pueblos, or towns. 

"It is clear, from the whole tenor of the Spanish and Mexican laws, 
whether in the form of pueblos or ranchos, that the Indians are entitled 
to equity and in good conscience, and even according to the strict rigor 
of the laws, to all the lands they have, or have had, in actual possession 
for cultivation, pasture or habitation, when such domain can be 
ascertained to have had any tolerably well-defined boundaries. Both Spain 
and Mexico have acknowledged this principle to be a just one." (Hall's 
"Mexican Law," Secs. 38, 40, 151, 3, 4, 5, 9, 160, 161; also, 1 "White's 
New Recop.," 411; 2 Id ., 24, 34, 48, 53, 54, 59, 703). 

At first the Indians were permitted, in the presence of the judge, to sell 
their real and personal property at public auction, but in 1781 a decree 
was published prohibiting the Indians from selling their real estate 
without license from the proper authority. This remained in force until 
the independence of Mexico, which made all inhabitants of the Mexican 
nation equal before the law. The plan of Iguala, adopted in February, 1821 
(when the relation between Mexico and Spain ceased and the sovereignty 
became vested in the Mexican nation), declared that "all the inhabitants 
of New Spain, Africans or Indians, are citizens of this monarchy, * * * 
and that the person and property of every citizen shall be respected and 
protected by the Government." These principles were reaffirmed by the 
treaty of August 24th, 1821, between the Spanish Viceroy and the 
Revolutionary party; and the Declaration of Independence, issued on the 
28th of September, 1821, reaffirmed the principles of said plan. 

After the acquisition of California from Mexico, the United States was 
bound, under the treaty of Guadalupe Hidalgo, to respect and protect all 
titles, both legal and equitable, acquired 

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previous to the cession; and it devolved upon Congress to prescribe 
methods and steps necessary to a just, speedy and effective determination 
of the rights of claimants. Much perplexity existed as to how this was to 
be accomplished, owing to ignorance as to the condition of land titles 
here at that time. In July, 1849, William Carey Jones was appointed a 
"confidential agent of the Government to proceed to Mexico and California 
for the purpose of procuring information as to the condition of land 
titles in California," to aid, no doubt, in securing intelligent 
legislation upon the subject. His report was made in March, 1850, to the 
Secretary of the Interior, who laid the same before Congress. After an 
extended consideration of this report in Congress, the Act of March 3d, 
1851, entitled "An Act to ascertain and settle private land claims in the 
State of California" was passed. In this report Mr. Jones thus speaks of 
the rights of the Indians: "I am also instructed to make an inquiry into 
the nature of Indian rights (to the soil) under the Spanish and Mexican 
Governments. It is a principle constantly laid down in the Spanish and 
Colonial laws that the Indians shall have a right to such lands as they 
need for their habitations, for tillage and for pasturage. * * * Special 
directions were given for the selection of lands for the Indian villages 
in places suitable for agriculture, and having the necessary wood and 
water. * * * Agreeably to the theory and spirit of these laws the Indians 
in California were always supposed to have a certain property or interest 
in the missions. * * * We may say, therefore, that, however 
maladministration of the law may have destroyed its interest, the law 
itself has constantly asserted the rights of the Indians to habitations 
and sufficient fields for their support. The law always intended the 
Indians of the missions--all of them who remained there--to have homes 
upon the mission grounds. The same, I think, may be said of the large 
ranchos--most or all of which were formerly mission ranchos--and of the 
Indian settlements or rancherias upon them. I understand the law to be, 
that whenever Indian settlements are established and the Indians till the 
ground, they have a right of occupancy in the land they need and use, and 
whenever a grant is made which includes such settlements the grant is 
subject to such occupancy. This right of occupancy, however, at least when 
on 

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private estates, is not transferable, but whenever the Indians abandon it 
the title of the owner becomes perfect. Where there is no private 
ownership over the settlement, as where the lands it occupies have been 
assigned it by a functionary of the country thereto authorized, there is a 
process, as before shown, by which the natives may alien their title. I 
believe these remarks cover the principles of the Spanish law in regard to 
Indian settlements, as far as they have been applied in California, and 
are conformable to the customary law that has prevailed there. The 
continued observance of this law, and the exercise of the public authority 
to protect the Indians in their rights under it cannot, I think, produce 
any great inconvenience, while a proper regard for long-recognized rights 
and a proper sympathy for an unfortunate and unhappy race would seem to 
forbid that it should be abrogated unless for a better. * * * In the wild 
or wandering tribes the Spanish law does not recognize any title whatever 
to the soil." 

It was held in Leese vs . Clarke (3 Cal., 17) that every Mexican grant 
must be determined and its validity established by the fundamental law of 
the Mexican Congress, passed in 1824, the regulations of 1828, and the 
ordinances of the Departmental Legislature consistent therewith. Under 
these laws and regulations the Territorial Governors were authorized to 
grant--with certain specified exceptions--vacant lands. (Hall's "Mexican 
Laws," 504; Ferris vs . Coover, 10 Cal., 590--note.) 

If it be true that under the laws of Mexico only vacant lands could be 
granted, and that grants were to be without prejudice to Indians, it would 
seem that the lands in controversy, having been in the undisturbed 
possession of defendants and their ancestors ever since 1815, were not 
subject to grant so as to cut off the right of occupancy; and as it is 
expressly provided in the grant before us that "he (Estudillo) shall in no 
way disturb nor molest the Indians who are established or living thereon 
at the present time," the patentee and his grantee under the law and the 
terms of the grant, took the fee, subject, at least, to the right of 
occupancy by the Indians; and those rights are still preserved, unless the 
Indians forfeited them by failure to present their claims to the Board of 
Land Commissioners, appointed by the Act of March 3d, 1851. 

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The nations of Europe, in whose behalf discoveries and settlements were 
made on this continent, established among themselves, by common consent, 
the principle that discovery gave title to the Government by whose subject 
or authority it was made. The relations between the discovering nations 
and the natives were matters of regulation, but it became the universal 
rule that where the lands were in the actual possession of Indians, the 
ultimate fee (incumbered with the Indian right of occupancy) should be 
considered to be in the discovering sovereign and its successors, with the 
condition attached that the political power alone--the Legislative or 
Executive Department--might extinguish the Indian right of occupancy and 
leave the fee unincumbered to pass to the grantee or patentee of the 
Government. (Clark vs . Smith, 13 Peters, 195; Johnson vs . Mackintosh, 8 
Wheaton, 575.) With the question of extinguishment the courts have nothing 
whatever to do except to inquire whether the right of occupancy has been 
extinguished by the Legislative or Executive Department. Of course the 
dominant powers were not required to recognize any right in the natives to 
the soil which the former had acquired by conquest. But while "claiming 
the right to acquire and dispose of the soil, the discoverers recognized 
the right of occupancy--a usufructuary right--in the natives. They 
accordingly made grants of land occupied by Indians, and these grants were 
held to convey a title to the grantees, subject only to the Indian right 
of occupancy. (Butts vs. N. P. R. R. Co., 7 Supreme Court, 100; Butcher 
vs. Witherly, 95 U. S., 517.) 

Among all the sovereigns who established a foothold on this continent none 
manifested so great an interest in the Indians-- so great a solicitude for 
their welfare and happiness--as the Spaniards. The Kings of Spain 
recognized in the Indian an inferior man committed by Divine Providence to 
their benevolent charge, and to be elevated by their kindness and 
instruction to the dignity and condition of a Christian. (White's "New 
Recop.", 40-48.) Pueblos or settlements were established for them. They 
were given the right of possession within them. Full provision for this 
was made prior to 1815, when the ancestors of these defendants took 
possession--and, of course, prior to the adoption of the plan of Iguala. 
Not only is the law for the establishment of the pueblo older than the 
title of Mexico, 

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but the actual establishment of the Indians in pueblos, and the settlement 
of the ancestors of the defendants thereon, antedated the succession of 
Mexico. The Mexican nation was bound to respect the rights of the Indians, 
for under the plan of Iguala "the person and property of every citizen 
(African or Indian) shall be respected and protected by the Government." 
And that these rights were respected is apparent from the terms of the 
grant to Estudillo. In the petition of Estudillo to the governor, he 
promises not to molest the Indian inhabitants; the petition was referred 
to the prefect for proceedings to be had, inquiring, especially, as to the 
wish or desires of the Indians; a return was made that the Indians were 
"willing that the applicant should settle upon the place, the mentioned 
Indians offering, furthermore, that as soon as the land will be occupied, 
those of them who are moving about will get together and live contented; 
that the land, formerly a part of the Mission of San Luis Rey, is now 
vacant," and in the grant the first condition imposed is, that he shall in 
no way disturb or molest the Indians who are established or living 
thereon. It is provided: "Fifth--If he contravene these conditions he will 
forfeit his right to the land, and it shall be open to denouncement by 
another party." 

It must be presumed that all these inquiries and conditions were made in 
accordance with the principles of existing law, and that the grant in 
pursuance thereof protected the possession of the Indians as against the 
proprietary ownership of the grantee. There is nothing in the colonization 
laws of 1824 or the regulations of 1828 indicative of a purpose by Mexico 
to depart from the traditional policy of the Spanish Government. This 
grant shows that the same old rights were recognized and adhered to--the 
right of Indians to occupy lands upon which they had been placed, and that 
the fee should be granted, if at all, subject to such right of occupancy. 
The grant did not annul the rights of the Indians, or estop them from 
claiming the same; on the contrary, it by its terms expressly preserves 
those rights. From the examination we have been able to give the Spanish 
and Mexican laws, we think that the statement of William Carey Jones, 
which we have quoted above, is fully sustained by the authorities. If 
there has been any Act of the Legislative or Executive Department of 
either the Spanish or Mexican Government, for 

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the extinguishment of the unufructuary interest of the defendants or their 
ancestors, we have been unable to find any record of it. The grant, being 
a part of the Mexican archives, is a public document. (2 How., 405; 1 
Wall., 742.) 

Second. It becomes necessary to inquire to what extent, if at all, the 
confirmation of the Estudillo grant and the United States patent affected 
the claim of these defendants. The fifteenth section of the Act of March 
3d, 1851, provides that the decrees, or any patent issued under the Act, 
"shall be conclusive between the United States and claimants only, and 
shall not affect the interests of third persons." Under this clause the 
rights of the Indians were preserved without presenting their claims. The 
patentee took the title in fee, subject to the Indian right of occupancy. 
The rights of the defendants and their ancestors, existing before the 
change of sovereignty, were preserved to them. The confirmation of the 
grant to Estudillo was also a confirmation of defendants' rights. 
Estudillo took all he was entitled to and no more--the legal title. That 
was all the United States could give him. The right which the defendants 
and their ancestors held, and could have enforced at the time of the 
Treaty of Guadalupe Hidalgo as against a Mexican grantee, passed to 
Estudillo in trust for them by the decree of confirmation and the patent. 
The patent was based upon a Mexican grant. The land never was any part of 
the public domain of the United States, although held subject to the trust 
of protecting the interests of claimants under the former sovereign. The 
patent, therefore, passed the legal title to the patentee burdened with 
whatever equities existed at the time of the cession of California in 
favor of third persons. Under the treaty the Government of the United 
States stood in the place of the Mexican Government. Its patent confirmed 
the grant, proclaimed it to be good--neither added to nor detracted from 
it in any way. It left the title of Estudillo just as it was at the time 
of the treaty, so far as the Indians were concerned, and it remained 
thereafter as to them just as it would have remained if the treaty had not 
been made. If the Indians were entitled to possession before the date of 
the patent they were entitled to it afterward, so long as any of the 
community remained in actual possession. So far as we have been able to 
learn, nothing remained for them to do under the 

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laws of Spain or Mexico to complete their right of possession. Neither was 
there any act or writing required on the part of the Government. Their 
right was, therefore, complete. (Leese vs. Clark, 3 Cal., 24; Teschmaker 
vs. Thompson, 18 Id., II; Boggs vs. Merced Mining Co., 14 Id., 297; 
Waterman vs. Smith, 13 Id., 415; Beard vs. Federy, 3 Wall., 489). 

Furthermore, Section 16 of the Act of March 3d, 1851, provides "that it 
shall be the duty of the Commissioners herein provided for to ascertain 
and report to the Secretary of the Interior the tenure by which the 
Mission lands are held; and those held by civilized Indians, and those who 
are engaged in agriculture or labor of any kind; also, those which are 
occupied and cultivated by pueblo or rancheros Indians." This language 
indicates that Congress did not intend that the rights of the Indians 
should be cut off by a failure on their part to present their claims, but 
that it should be the duty of the Commissioners to ascertain and report 
the tenure by which they held their lands; and this is in harmony with the 
suggestions made in that behalf by Mr. Jones. 

Inasmuch as the rights of the Indians were valid rights, existing at the 
date of the Treaty of Guadalupe Hidalgo--rights which came to them by 
virtue of the laws of Mexico and of Spain--the patent was conclusive only 
as between the United States and the grantee; and in view of the nature of 
their claim and the time when their rights attached, we think they are 
third persons within the meaning of Section 15 of the Act. (Teschmaker vs. 
Thompson, Beard vs. Federy, supra; United States vs. White, 23 Howard 
United States, 253; Adams vs. Norris, 103 U. S., 593; Miller vs. Dale, 92 
Id., 473.) 

The legal title secured to Estudillo and his grantees must be held by them 
charged with the right of occupancy by the defendants. Where a claim was 
held subject to any trust before presentation to the Board, the trust was 
not discharged by a confirmation and subsequent patent. The confirmation 
inured to the benefit of the confirmee only so far as the legal title was 
concerned. The confirmation established the legal title in Estudillo, but 
did not determine the relation between him and third persons. The trust 
was not stated, but the legal title was none the less subject to the same 
trust in the hands of the 

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claimant. (Townsend vs. Greeley, 5 Wall., 335; Hart vs. Burnett, 15 Cal., 
530.) 

The defendants, under our system of pleadings and practice, are permitted 
to show in ejectment that the plaintiff holds the legal title, burdened 
with the Indian right of occupancy. (Fulton vs. Hanlon, 20 Cal., 480.) 

Third. Respondent relies upon the case of Thompson vs. Doaksum (68 Cal., 
504.) That case differs from the one at bar in several respects. No claim 
whatever was ever presented to the Board of Land Commissioners for 
confirmation. Section 13 of the Act of March 3d provided that "all lands 
the claims to which shall not have been presented to the Commissioners 
within two years after the date of the Act shall be deemed, held, and 
considered as part of the public domain of the United States." The lands 
claimed by these defendants are within the boundaries of a Mexican grant 
confirmed by the Board of Land Commissioners to Estudillo, it is true; 
but, as we have seen, this confirmation relieved the defendants of the 
necessity of presenting their claims, and conclusively adjudicated the 
fact that the lands were private property, and no portion of the public 
domain. The Indians interested in that case were not pueblo or rancheros 
Indians, and no duty of ascertaining their rights devolved upon the Land 
Commission. The Indians therein mentioned were never wards of the 
Government. Furthermore, there was, in that case, a preemption claim filed 
under the land laws of the United States, and the patent purported to 
convey both the legal and the equitable title against the Government and 
against all the world; and, of course, could not be attacked in a 
collateral proceeding. The title to the lands in controversy was never in 
the United States. The patent determined the rights of the Government and 
the patentee, but not the rights of third persons. If there was anything 
in the nature of a trust before the claim was presented to the Board, that 
trust was not discharged by the action of the Land Commissioners, or the 
officers of the Land Department. There is nothing to show that the Indians 
referred to in the case of Thompson vs . Doaksum were civilized or 
Christianized. Under the authorities quoted above, to be sure, they had 
the right of occupancy, but that right 

Page 102

continued only so long as it was recognized by the political power--the 
Executive or Legislative Departments of the Government. 

Of course the possesion when abandoned by the Indians attaches itself to 
the fee without further grant; and this is true whether there be any 
record evidence in favor of the Indians or not. Their right exists only so 
long as they actually occupy the land. So long as the defendants and their 
ancestors were in possession of the lands in controversy there remained 
nothing to be done by them under the laws of Mexico in order to confirm 
their right, nor was there anything to be done by the Mexican Government, 
or the officers thereof. The rights of the Indians had been completely 
established. We think that upon the facts agreed to in this case, the 
defendants are entitled to judgment for their costs. 

Judgment reversed and cause remanded, with directions to enter judgment in 
favor of defendants for their costs. 

PATERSON, J. 

We concur: MCFARLAND, J., 
SEARLS, C. J., 
SHARPSTEIN, J., 
MCKINSTREY, 
J., TEMPLE, J. 

Page 103

INDEX. 

A bad policy, 33. 
A bad state of things at Pawnee, 10. 
A bishop's view, 89, 90. 
A blooming boom, 68. 
A blow in the face for the churches, 7. 
Ablutions under the front plazza, 41. 
Abnormal system, a, 5. 
Abraham's example, 65. 
A break-up, 40. 
A beef issue, 17. 
Absolutely false, 88. 
Abuses brought to light, 67. 
Accumulating a plow and three hoes, 73. 
A change needed, 9. 
A comfortable outfit, 15. 
A condemned bridge, 34. 
A conference at Ponca, 8, 9. 
A council with the Indians, 35. 
Acquiring cattle, 36. 
Acquisition, a valuable, 52. 
A cramped school, 7, 8. 
Action, immediate, needed, 74. of the Indian Rights Association, 91. 
Adapted to cattle raising, 52. 
A disastrous step backward, 13. 
A dishonest doctor, 43. 
Affidavit and letter, 76, 77. Maclay's contradicted, 84, 85. of E. F. De 
Celes, 81, 82, 83. George E. Gard, 84. Martin Agiurre, 85, 86. Rogerio 
himself, 87, 88. Romulo Pico, 87. Will A. Hammel, 85, 86. 
A fine location for a school, 18. 
Again on the war-path, 49. 
Agent, a discouraged, 36, 37. a vigorous Indian, 44. Dyer, 16. for Mission 
Indians, 50. the, cautious at first, 19. fell off the train, 8. favors a 
liquor seller, 73. had to be clerk, 16. welcomes Prof. Painter, 34, 35. 
Agent Ward resigns, 51. 
Agents, their difficulties, 44, 45. 
Aggressively out of sympathy, 9, 10. 
A good superintendent, 18. 
A great crop, but no market, 37, 38. 
A great outrage, 5. 
Agreement between counsel violated, 57. 
A growing hope, 6. 
A hot spring, 55. 
A judge from Texas, 39. 
A lady in Boston helps, 25. 
Alarm among whites and Indians, 61. 
Ale and beer destroyed, 66. 
Allotment would prevent removal, 35, 36. 
Always owned the land, 12. resting, 9. 
A member of the Senate Committee, 17. 
A Mennonite school, 16. 
"American fairness," an example of, 65. in a survey, 67. 
A most disgraceful proceeding, 90. 
A mournful monument, 33. 
Anadarko, 34. 
Anadarko Agency, 15. 
Andrew Scott house, the old, 63. 
An effective letter, 15. 
A nice, good, incompetent man, 16. 
An inspector reverses things, 31. 
An insulting letter, 43. 
An old field schoolmaster, 39. 
An old man a homeless wanderer, 74, 75. 
A peculiar theological foundation, 89. 
Appeal to the American people, 15. 
A profane and drunken superintendent, 45. 
A pungent quotation, 13, 14. 
Aqua Caliente Reservation, 54. 
A realistic picture, 39. 
A remarkable woman, 55. 
A school greatly needed, 38. herd of cattle, 29, 30. 
A small sermon and a baptism, 38. 
Assistant matrons, four in a year, 18. 
Association, Indian Rights, Action of, 91. Cor. Sec. of, 91. 
A system of terrorism, 45. 
A tangle about title, 20. 
A teacher who must have a place, II. 
A telling comparison, 47. 
Attention, special need of, 46. 
Attitude, hostile, of men who want Indian land, 69. 
Attorney, as and for self, 77. 
Average teacher, quality of, 48. 

Page 104

A very peculiar teacher, 19. 
A vicious plan re-adopted, 36, 37. 
A wedding on a bridge, 38. 
A wretched building, 41. 
A year of changes, 48. 
Baby stockings for grown-up people, 41. 
Bad policy, a, 33. state of things at Pawnee, 10. 
Baking by Indians, 30, 31. 
Band, Joseph's, 14. 
Bankrupt, both partners, 34. 
Baptism, and a small sermon, 38. 
Bathing facilities, poor, 18. 
Bath-rooms and hospitals needed, 8, 9. 
Battle for and against severalty, 46. 
Beef issue, a, 17. 
Beer and ale destroyed, 66. 
Belittling Indians, 72. 
Bishop's view, a, 89, 90. 
Black flour, bread of, 41. 
Bland's support of savagery, 40. 
Blow, a, in the face for the churches, 7. 
Blooded stallions needed, 36. 
Boarding-schools, contract, 71. 
Boom, a, with the bloom on, 68. 
Boston, a lady of, helps, 25. 
Both notoriously unfit, 10. partners bankrupt, 34. 
Bread of black flour, 41. 
Break-up, a, 40. 
Bribing an attorney, 81. 
Brick-making, 32. 
Bridge, a condemned, 34. a wedding on, 38. 
"Broth, too many cooks spoil," 33. 
Buggies and light carriages, 36. 
Building, a wretched, 41. 
Bullied, cajoled or defrauded, 14. 
Business, knowing nothing of, 44. 
Business-like and manly reports, 73, 74. 
Byrne vs. Alas, et al , 92. 
Cajoled, bullied or defrauded, 14. 
Calaboose, Gen. Phipher in, 45. 
Calac, Feles, buys land as a citizen, 64. 
California reports, 80. third visit to, 3. 
Calves, cunning, little, frisky, 31. 
Capitan Grande Reservation, 50. 
Capturing whiskey and wine, 66. 
Carriages, light, 36. 
Carrying mail, Indians, 32. 
Case, the, as now made out, 76, 77. the San Fernando, 74. 
Cases, petty, settling, 64. 
Catholic Indians, 70. 
Cattle and horses, of the Wichitas, 43. a school herd, 33. disease, will 
probably bring, 37. herded by Indians, 32. Indians acquiring, 36. 
purchased with earnings of school. 33. raising for Indians, 52. unwisely 
thrust upon Indians, 33. 
Cause remanded for a new trial, 81. of agent Ward's resignation, 57. 
remanded, 102. 
Cellars dug by Indians, 32. 
Change, a needed, 9. 
Changes, a year of, 48. but no improvement, 45. many, 7, 9. 
Charges, the, sustained, 89. 
Cheating a cook and laundress, 46. 
Check for $3300, 91. 
Cheyenne and Arapahoe treaty, the, 12. girl, a, teaching, 31. 
Cheyennes, the Northern, war with, 14. 
Chickasaws and Quapaws, 13. 
Chiefs in Indian Territory, 46. 
Children dying of measles, 10, 11. 
Chilocco school, the, 7. 
Chiracahua Apaches, 14. 
Churches, the, a blow in the face for, 7. 
Circular, a disturbing, 74. 
Cisterns and civilization, 41. 
Civilization and soap, 8. laying foundations of, 23. 
Clamor about Oklahoma, 15. 
Clerk, a peculiar, 42. who does nothing, 10. 
Clerk's house furnished with government goods, II. 
Clerks, incompetent, the burden of, 20. 
Closets, none in school-house, 42. 
Closing schools, 65. 
"Coffee coolers," 17. 
Coffee-mill, listening for, 23. 
Cohuilla reservation, 51. 
College, the, to be a mile away, 79. peculiar foundation of a, 89. 
Colony, the Cantonment, 16. Seger on the Wachita, 15. 
Comanche school, site for, 38. 
Comanches and Kiowas unlike, 36. favor the severalty law, 35. increasing, 
36. industrious, intelligent and virtuous, 36. will not send girls to 
school with Kiowas, 36, 38. 

Page 105

Comfortable hotels, inspectors at, 67 outfit, a, 15. 
Commands of king Philip, 93. 
Commission, a, what it often brings about, 13. 
Commissioner of Indian Affairs, the, 5, 57, 68. the, favors traders 
against Indians, 36. 
Commissioner's plan, the, 14, 15. power to wreck fortunes, 33, 34. 
Committee, Mohonk, on legal defence, 74. Senate, on Indian traderships, 4. 
the senate, a member of, 17. 
Common sense, 21. 
Comparing statistics, 47. 
Comparison, a telling, 47. 
"Complain and lose your head," 21. 
Complaint from Hon. R. M. Widney, 74. of undue Catholic influence, 71. 
Condemned bridge, a, 34. 
Conference at Ponca, 8, 9. with Indians, 56. with Indians, at Pala, 61, 62
Confidential agent, Wm. Carey Jones, 95, 98. 
Confounding meum and tuum , 42. 
Constituents, the, of politicians, 15. 
Contemptuous flings, 72. 
Contract boarding schools, 71. day schools, 71. 
Contradicting Maclay's affidavit, 84, 85. 
Convenient for rats, 53. 
Cook, the Indian, all right, 19. 
Cooks, too many spoil the broth, 33. 
Cooking by Indians, 30, 31. 
Cord-wood cut by Indians, 32. 
Cormorants, Tennessee and Mississippi, 46. 
Corn, 40,000 bushels to sell, 37. once in three years, 38. progress in 
raising, 37. 
Corrections of the original circular, 88, 89. 
Corresponding Secretary of I. R. A., the, 91. 
Cost of schools increased, 48. 
Costs, defendants entitled to, 102. 
Could care for themselves, 36. 
Council with the Indians, a, 35. 
Counsel, agreement between violated, 57. 
Counsels, wise, to Indians, 62. 
County highway fenced up, 57. 
Court, the Superior, of California, 64. the Supreme, 81. decision of, 91. 
Courtesies, from army officers, 4. 
Cows bought by school girls, 30. old, from Mexico for Indians, 37. "whose 
are these?" 32. 
Crop, a great, but no market, 37, 38. 
Crop of grass, always good, 38. Indian, good, 68. 
Crowded dormitories, 18. 
Cruel ejectment of aged Indians, 75. unjust and disastrous, 12. 
Culpable stupidity and ignorance, 91. 
Curly works, but could fight, 29. 
Dairies, three, 56. 
Dance, a, on Sunday, arranged for, 45, 46. 
Danger, a new and threatening, 61. of losing all, 15. 
Day, a laborious and valuable, 63. school, contract, 71. 
De Celes had already published facts, 75. 
Decision by the Supreme Court, 91, 92. 
Defence, legal, Mohonk Committee on, 74. 
Defendants entitled to costs, 102. 
Deficiency of beef, 37. 
Defrauded, cajoled or bullied, 14. 
Delawares and Caddoes, 12. 
Delegates, Indians send, 35 
Demand and supply, laws of, 5, 6. 
Denial, general and particular, 77. 
Deputy Commissioner Upshaw, 4. 
Desks covered with snow, 53. 
Despoiled Indians, 57, 58. 
Destroying beer and ale, 66. 
Details, interesting, 80, 81, 82. 
Deterioration in the Indian Service, 47. 
Developing plans, 30. 
Difficulties, indomitable under, 25. fatal, 45. 
Digging cellars and cisterns, 32. 
Diligent inquiry, 75, 76. 
Diminishing results, 48. 
Disastrous step backward, a, 13. 
Discouraged agent, a 36, 37. 
Disgraceful management, 45. proceeding, a most, 90. 
Dissent a proof of insubordination, 45. 
Distinct understanding and pledge, 83. 
Doctor, a dishonest, 43. 
Dormitories clean, but crowded, 18. unbearable, 19. 
Dr. Bland's support of savagery, 40. 
Driving off Indians, 73. 
Drought cuts off corn, 38. 
Drunken and profane superintendent, a, 45. 
Drunkenness leads to the calaboose, 45. 
Duties, no time for, 70. 
Duty, our first, 49. 
Dying children, 10, 11. of pneumonia, 75. 
Eden, the Garden of, not here, 12. 
Effects of changes, 48. 

Page 106

Efficiency not regarded, 70. 
Effort, missionary, none, 39. 
Eight days without shelter, 75. 
Ejectment of Rogerio and his family, 75. 
Elements, some redeeming, 19. 
Encouraging activity, 17. 
Enforcing absolute approval, 45. 
Enlightened Spanish policy, 93, 94, 
Erection of a school house forbidden, 56. 
Event, saddest of his life, 88. 
Example, an, of "American fairness," 65. 
Explaining the Severalty Law to Indians, 35, 36. 
Exposure, fatal, in mid-winter, 75. 
Facilities for bathing poor, 18. 
Facts, illustrative, 46. published by Mr. De Celes, 75 to be pondered 
seriously, 59. 
Fairness, American, example of, 65. 
False friends of the Indians, 35. absolutely, 88. 
Far apart, head and hand, 67. 
Farmer, he had just killed one, 8. Potter, 16. the, knows nothing and does 
nothing, 10. 
Farming by a school, 29. from Washington, 25, 26. 
Farms Indians have kept up, 68. 
Fatal exposure in mid winter, 75. 
Father Ubach's school, 65. 
Fault, the, not with Indians, 33. 
Favoring traders at expense of Indians, 36. 
Favorites, incompetent, 45. 
Feature, a redeeming, 40. 
Feeling regarding the school, 9. 
Fell off the train, the Agent, 8. 
Fences, Indians forbidden to rebuild, 57. very good, 43. 
Fencing up a county road, 57. up a spring, 52. 
Fields left and lost by Indians, 58. 
Fifty-seven intruders on one reserve, 51. 
Fine location for a school, 18. 
Five saloons in full blast, 66. 
Flings, contemptuous, 72. 
Flour, a sack of, for Indian land, 60. 
Flourishes, rhetorical, 72. 
For and against severalty, the battle, 46. 
Forbidden to erect a schoolhouse, 56. 
For self and as attorney, 77. 
Fortunes, power to wreck, 33, 34. 
Fort Sill likely to be abandoned, 38. 
Foundation, a peculiar theological, 89. 
Foundations of civilization, laying the, 23. 
Four assistant matrons in a year, 18. 
Four matrons in a year, 18. months, what they learned in, 31. -mule 
grandeur, 15. seamstresses in a year, 18. spades for sixty men, 24. 
Front piazza, the, ablutions under, 41. 
Gambling by an agent and his clerk, 8. officers think there is, 17. wished 
to know about, 17. 
Garden of Eden, not the site of, 12. 
Genius for inspiring Indians, 20, 21. 
Gen. Phipher in the calaboose, 45. 
Georgia, a lady from, 63. 
Girl, a Cheyenne, teaching, 31. 
Girls, Comanche, not sent to school with Kiowas, 36, 38. buy cows, 30. 
Goats, trying to raise, 59. 
Going out in a blaze of glory, 72. 
Golsh's land, 61. 
Good employes dropped, 18. food, 19. hard common sense, 21. horses, 36. 
nice and incompetent, 16. superintendent, a, 18. 
Goods, school, in bad order, 11. 
Government aid not spurned by white men, 27. "had jumped my claim," 32. 
interference brings disaster, 22. promises to Indians, 24. the, does not 
keep its promise, 21. 
Grains of salt, 40. 
Grandeur, four-mule, 15. 
Grant sold, San Felipe, 60. 
Grass always a good crop, 38. houses of the Wichitas, 43. 
Guadaloupe Hidalgo, treaty of, 94, 95. 
"Had just killed one of his farmers," 8. 
Had to strip the clerk's house, 11. 
Hall's Mexican law, 94. 
Hard swearing, some, 81. 
Harvest field of the cormorants, 46. 
Hatching the colony project, 22. 
Hay harvesting by Indians, 32. 
Head and hand far apart, 67. 
Heathenish and cruel, 17. 
Heavy loss to Indians, 37. 
Held by squatters, all the good land, 58. 
Herd, a school, 33. 
Herding cattle, 32. 
History, not learning from, 14. 
Hoes, three, at Mesa Grande, 73. 

Page 107

Homeless old Rogerio, 75. 
Homesick and hopeless, 10. 
Honest and sensible work, 19. men needed by the President, 67. 
Honor, partner in, and spoils, 89. 
Hope, a growing, 6 Prof. Painter's, 92. 
Horses, good, 36. 
Hospital and bath-rooms needed, 8, 9. none, 18. 
Hostile and obstructive favorites, 45. 
Hotels, comfortable, for Inspectors, 67. 
Hot spring, a, 55. 
House, a stolen, 66. 
Houses of grass, 43. 
How it turned out, 32. long will the churches submit? 7. much land, 
question of, 20. 
Hualapais had to flee in a body, 14. 
Hundreds of acres of wheat, 37, 38. 
"I don't beg," 26. 
Iguala, plan of, 94. 
Illustrative facts, 46. 
Important facts, 4. matters not reported, 67. work, 50. 
Improvements on fifty farms, 24. 
In Banc, Byrne vs. Alas, et al, 92. 
Incompetent clerks, the burden of, 20. favorites, 45. 
Increased cost of schools, 48. 
Incumbents 1182 for 560 positions, 48. 
Indescribable, some things, 18, 19. 
Indian agent, a vigorous, 44. boys, 29. cooking, 19. education, Catholic 
control of, 71. girls buying cows, 30. ignorance, 69. lands, taking 
possession of, 57. Office, the startled, 25. pluck, 21. Rights 
Association, 91. Service, deterioration in, 47. the, does half the work, 
29. title, what it is, 57. "will you work?" 26. 
Indians, a council with, 35. always owned the land, 12. at San Felipe, 60. 
baking, cooking and sewing, 30, 31. bought off, 60. can and will work, 33. 
Catholic, 70. Comanches, increasing, 36. 
Indians, conference with, 56. did not understand, 12. driven off, 73. 
forbidden to rebuild fences, 57. have kept up their farms, 68. 
industrious, intelligent and virtuous, 36. land restored to public domain, 
65. learning self-support, 17. meet at Pala, 61, 62. Mission, 49. three 
classes of, 50. Mr. Seger's, what they need, 27. paid for work, 31. 
ploughing, 24. ready for allotment, 53. removal of, 3. the fault not with, 
33. the Saboba, 68. the San Fernando, 74. to have water, 66. to lose 30 to 
60 per cent., 37. who will have to go, 60. working for Mr. Seger, 32. 
wronged and despoiled, 57, 58. 
Indifference of officers, 69, 70. 
Indomitable under difficulties, 25. 
Inducements to Indians, 23. 
Industrial teachers, four in a year, 18. 
Ineffective, a letter, 68. 69. 
Infinite red tape, 21. 
Information from enemies of Indians, 67. 
Injuries by the liquor traffic, 56. 
Inquiry, diligent, 75, 76. 
Inspection, careful result of, 47. 
Inspector, an, reverses things, 31. 
Inspectors at comfortable hotels, 67. 
Insubordination shown by slightest dissent, 45. 
Insulting letters or orders from Indian Office, 45. 
Intentions, good, go astray, 67. 
Interest, President Cleveland's, 50. why the boys lost, 32. 
Interesting and instructive, 20. details, 80, 81, 82. 
Interference brings disaster, 22. 
Intruders, fifty-seven on one reserve, 51. ordered off, but do not go, 66. 
Issue, beef, heathenish, 17. 
Jackson, Mrs. Helen Hunt, Prof. Painter's promise to go, 90. 
Jail, liquor sellers in, 66. 
Joseph's Band, 14. 
Judge, a, from Texas, 39. 
Judges concurring, 102. 

Page 108

Judgment and order reversed, 81. reversed, 102. 
Jurisprudence, Spanish, enlightened, 93, 94. 
Kaw School, the, 46. 
King Philip's commands, 93. 
Kiowa School, the, 39. 
Kiowas and Comanches unlike, 36. 
Knowing nothing of teaching or business, 44. 
Knowledge, no personal, 16. 
Knows nothing and does nothing, the farmer, 10. the country, Mr. Bergman, 
60. 
Lady in Boston, helps, 25. 
Land excellent, the Wichita, 44. good, all held by squatters, 58. grabber, 
the, his time short, 15. Indian, restored to public domain, 65. 
magnificent, 9. not so good, 13. 
Lands, Indians driven from, 60. vacated, 57. 
Largest salaries to incompetent favorites, 16. 
Law, the Severalty, discussed, 35. Mexican, Hall's, 94. Comanches favor, 
35. 
Lawlessness, none in the Seger Colony, 28. 
Laws of demand and supply, 5, 6. 
Laying the foundations of civilization, 23. 
Learning nothing from history, 14. self-support, Indians, 17. 
Lease money, $60,000, 36. 
Leases working both ways, 17. 
Left and lost by Indians, 58. 
Legal defence of Mission Indians, 74. 
Lessons from experience, 13. 
Letter and affidavit, 76, 77. an effective, 15. an ineffective, 68, 69. an 
insulting, 43. 
Letters or orders from Indian Office, insulting, 45. to army officers, 3. 
Liquor-saloon in a stolen house, 66. sellers in jail, 66. proof against, 
62. traffic, injuries by, 56. the, 62. 
Listening for the coffee-mill, 23. 
Location for a school, 18. 
Lone Wolf as a leader, 40. 
Losing all, danger of, 15. 30 to 60 per cent., 37. 
Lost in pigeon-holes, 67. 
Maclay's affidavit contradicted, 84, 85. 
Mad Wolf puzzled, 27. 
Magnificent land, 9. 
Main object, the, a spring, 75. 
Major Utt place, the, 61. 
Making brick, 32. 
Management, an abnormal system of, 5. disgraceful, 45. 
Manly and business-like reports, 73, 74. 
Man wanted, 69. 
Many changes, 7, 9. 
Market, none for corn, 37, 38. 
Maronge Reservation, 51. 
Marshal, the U. S., 66. 
Matrons, four in a year, 18. 
Matters, important, not reported, 67. 
Measles, children dying of, 10, 11. 
Medicine man, the, takes a hand, 40. 
Member of the Senate Committee, 17. 
Mennonite school, a, 16. 
Men who teach Indians, 46, 47. 
Mesa Grande, 58. 
Methods, Mr. Upshaw's, 43. 
Meum and luum, confounding 42. 
Mexican Law, Hall's, 94. 
Mexico, old cows from, 37. 
Military robbery of Indian land, 44. 
Miserable shell, a school house, 42. 
Misinformed, the President, 66. 
Missionary, little opportunity for, 11. needed, 39. 
Mission Indians, 49. agent for, 50. and the President, 50. 
Mississippi and Tennessee cormorants, 46. 
Modoc war, the, 14. 
Mohonk committee, the, 74. 
Monument, a mournful, 33. 
Moral obligations greater, 13. 
More poetry than fact, 72. than three months' work, 3. 
Most soldiers respect Indians, 4. 
Mountain steeps for Indians, 58. 
Mr. Seger's Indians, 27. 
Much work required, 60. 
Music of the coffee-mill, 23. 
Must be done speedily, something, 15. take the worst Indians, 23. 
Nature as our ally, 38. 
Need of a missionary, 39. of honest men, 67. of immediate action, 74. 
Needed, hospitals and bath-rooms, 8, 9. 
New danger, 61. school needed, 10. 

Page 109

New school, site for, 38. 
Nez Perce war, the 14. 
No bathing facilities or hospital, 18. home in old age, 75. lawlessness in 
the Seger colony, 28. market for corn, 37, 38. personal knowledge, 16. 
time for his duties, 70. wire to be had, 24. 
Northern Cheyennes, the war with, 14. 
Nothing for two months' work, 46. 
Not learning from history, 14. regarding efficiency, 70. reported by the 
Agent, 67. the Garden of Eden, 12. understanding the object, 12. 
Notoriously unfit, 10. 
Object of Mr. Painter's visit, 3, 50. 
Obligations, moral, greater, 13. 
Obstructionists at Washington, 46. 
Ocean-side Land and Water Co., 61. 
Office, the Indian, startled, 25. 
Officers think there is gambling, 17. 
Oklahoma, 11, 43, 44. 
Old cows from Mexico for Indians, 37. field schoolmaster, an, 39. fields 
left and lost by Indians, 58. Indian, a, homeless, 75. treaties, under 
shadow of, 15. 
Oliver the negro, 54. 
One of the no-accounts, 41. plough at Mesa Grande, 73. redeeming feature, 
40. 
Only twenty-five pupils, 10. 
On the warpath again, 49. 
Order and judgment reversed, 71. President Cleveland's, 67, 68. President 
Grant's, 67. to enforce would be an outrage, 65. 
Orders or letters, insulting, 45. 
Otoe, clerk at, 46. Sub-Agency, 10. 
Our first duty, 49. 
Outfit for Government school, 60. a comfortable, 15. 
Outrage, a great, 5. 
Owned the land always, 12. 
Pachango, Pala, Pauma, 61. 
Particular and general denial, 76, 79. 
Partner in honor and spoils, 89. 
Partners both bankrupt, 34. 
Patronage, Government, to Catholics, 71. 
Pauperism and savagery, rights of, 49. 
Pawnee, bad state of things at, 10. 
Paying Indians for work, 31. 
Pay, poor, and much work, 16. 
Peculiar foundation for theology, 75. teacher, a, 19. 
People, American, the appeal to, 15. 
Personal knowledge, none, 16. 
Petty cases, settling, 64, 65. 
Physician, a kind and skillful, 42. 
Piazza, ablutions under, 41. 
Picture, a realistic, 39. 
Place, a teacher who must have, 11. 
Plain talk did him good, 42. 
Plan, a vicious, readopted, 36, 37. for storing water, 68. of Iguala, 94. 
the Commissioner's, 14, 15. 
Plans, developing, 30. 
Pledge, a, violated, 83. 
Plough, one, at Mesa Grande, 73. 
Ploughing by Indians, 24. teaching an Arapahoe, 29. 
Ploughs, three for 142 Indians, 58. 
Pluck, Indian, 21. 
Pneumonia, dying of, 75. 
Poetry rather than fact, 72. 
Policy, a bad, 33. enlightened Spanish, 93, 94. 
Politicians and their constituents, 15. 
Ponca, Otoe and Pawnee, 8. removal, the, shame of, 14. 
Poor seed for Indians, 58. 
Positions 560, incumbents 1182, 48. 
Possession of Indian lands, 57. 
Potatoes, seed, too late, as usual, 25. 
Power to wreck fortunes, 33, 34. 
Practice, sharp, 46. 
Prepared for allotment, 20. 
President Cleveland's order, 67, 68. wishes, 3. Grant's order, 67. the, 
and Mission Indians, 50. the, his wishes, 12. the, misinformed, 66. 
Prevent removals by allotment, 35, 36. 
Probably bring cattle disease, 37. two Reports, 6. 
Proceeding, a disgraceful, 90. 
Profane and drunken, 45. 
Prof. Painter bringing abuses to light, 67. Painter's object, 50. Painter 
welcomed, 34, 35. 
Progress in raising corn, 37. 
Project of a colony, 22. 
Promise, Government does not keep, 21, 24. Mr. Painter's to Mrs. Jackson, 
90. 
Promises made to be broken, 74. 

Page 110

Proof against liquor sellers, 62. of insubordination, 45. 
Property, Rogerio's, 88. 
Protest of the traders, 36. 
Public domain, Indian land restored to, 65. 
Pungent quotation, a, 13, 14. 
Pupils, six or seven, 39. two, one sick, 59. 
Purchased with earnings of school, 33. 
Putting up hay, 32. 
Quapaws and Chickasaws, 13. 
Questions presented, 93. 
Quotation, a pungent, 13, 14. 
Readoption of a vicious plan, 36, 37. 
Ready for allotment, 17, 53. 
Realistic picture, a, 39. 
Rebuilding fences forbidden, 57. 
"Recopilacion", White's new, 93. 
Redeeming elements, the only, 19. feature, a, 40. 
Red tape, infinite, 21. 
Register, a, with no time for his duties, 70. 
Religious Indians, 43. 
Remanding cause, 81, 102. 
Remarkable woman, a, 55. 
Removal, Ponca, shame of 14. theory of the proposed, 12. 
Removals, allotment would prevent, 35, 36. should be none here, 44. 
Removed by force, 75. 
Removing a good teacher, 68. Indians, 3. 
Report of schools, 47, 48. 
Reporting to Mr. Atkins, 42. 
Reports, business-like, 73, 74. California, 80. 
Reservation, five saloons on, 66. water-flume on, 66. 
Reservoir, scheme to build, 68. 
Resignation, cause of Agent Ward's, 57. 
Respect of soldiers for Indians, 4. 
Restoration should be made, 90. 
Restoring Indian land to public domain, 65. 
Result of careful inspection, 47. 
Results, diminishing, 48. 
Retrogression in work, 47. 
Reversing judgment and order, 81, 102. 
Rights of Indians established, 102. of pauperism and savagery, 49. treaty, 
12. 
Road, county, fenced up, 57. 
Roosting on top of his house, 9. 
Round numbers, all in, 47. 
Saboba Indians, the, 68. 
Sack of flour, a, for land, 60. 
Saddest event of his life, 88. 
Salaries, largest, to incompetent favorites, 16. 
Saloon in a stolen house, 66. 
Saloons, five, on a reserve, 66. 
Salt, grains of 40. 
San Felipe, Indians at, 60. Fernando case, the, 74. Jacinto, 68. Ysabel, 56
Savagery and Pauperism, rights of, 49. sustained by the Government, 17, 
18. 
Scheme for a reservoir, 68. 
Scholars, Mr. Seger's old, 23. 
School, a Mennonite, 16. a cramped, 7, 8. farming, 29. fine location for, 
18. Father Ubach's, 65. furnishing, 60. girls buy cows, 30. goods in bad 
order, 11. herd, a, 33. house, a miserable shell, 42. disgraceful, 63. 
forbidden to build, 56. not fit for use, 57. on a hill-side, 59, 60. Mr. 
Seger's, 21, 22. new, needed, 10, 38. property in a clerk's house, 11. the 
Cheyenne at Caddo Springs, 18. the Chilocco, 7. the Kaw, 46. the Kiowa, 
39. the Wichita, 41 
Schoolmaster abroad and at home, 39. 
Schools cost more than formerly, 48. Mission, 71. must be closed, 65. 
report of 47, 48. 
Seamstresses, four in a year, 18. 
Secretary, Corresponding, of I. R. A., 91. of the Interior, the 3. 
Seed, poor, given to Indians, 58. potatoes, too late, as usual, 25. 
"Seem to be very tired," 9. 
Seger colony on the Washita, 15, 20, 22. 
Self-support, Indians learning, 17. 
Seminary, a theological, 75. 
Senate Committee, 4. Committee, a member of, 17. 
Senator Platt, 6. 
Sense, good common, 20, 21. 
Sensible and honest work, 19. 

Page 111

Serious thought required, 59. 
Sermon and baptism, 38. 
Settling petty cases, 64. 
Seven white men in jail, 66. 
Severalty battle, the 46. Law, Comanches favor, 35. explaining the, 56. 
ready for the, 17. 
Shadow of old treaties, the, 15. 
Shame of the Ponca removal, 14. 
Sharp practice, 46. 
Shingles for three small houses, 23. 
Short, the time of the land-grabber, 15. 
Should be no removals here, 44. make restoration, 90, 
Shouting Wichitas, 43. 
Sill, Fort, likely to be abandoned, 38. 
Silly talk by a retiring Agent, 72. 
Sioux war of 1876, the, 14. 
Site for new Comanche school, 38. 
Situation, the Wichita, 12. 
Six-horse wagon, useless, 73. 
Six or seven pupils, 39. 
Smith, the man who was killed, 8. 
Snow over the tops of the desks, 53. 
Soap and civilization, 8. 
Soldiers respect Indians, 4. 
Something must be done speedily, 15. 
Some things indescribable, 18, 19. 
Spades, four, for 60 men, 24. 
"Spades! what can you want with so many?" 25. 
Spanish policy, enlightened, 93, 94. 
Special attention, need of, 46. 
Splendid land, 44. 
Spoils, partner in, 89. 
Spring, a hot, 55. fenced up, 52. the, the main object, 75. 
Squatters have all good land, 58. lording it over Indian lands, 56. 
Stallions, blooded, needed, 36. 
Statistics compared, 47. 
Stealing Indian grass, 52. Indian land, 57. Rogerio's tools, 75. 
Steep mountains for Indians, 58. 
Step backward, a disastrous, 13. 
Steps should be taken at once, 13. 
Stockings, baby sizes for grown people, 41. 
Story, the same old, 49. the, told by Mr. Seger, 22. 
Stupidity, culpable, 91. 
Sun-cracked walls, 53. 
Sunday dancing arranged for, 45, 46. 
Superintendent, a drunken and profane, 45. 
Superintendent, a good, 18. cannot manage, 40. Hutchinson, 10. of schools, 
Report of, 71. 
Superintendents, 102, for 70 schools, 48. three in a year, 18. two in a 
year, 9. 
Superior Court of California, the, 64. 
Supply and demand, laws of, 5, 6. 
Support of savagery by Dr. Bland, 40. 
Supreme Court, decision, by, 91. the, 81.Swearing, some hard, 81. 
Sympathy, aggressively out of, 8, 10. 
System of terrorism, a, 45. an abnormal, 5. 
Tables, valuable, 71. 
Taking possession of Indian lands, 57. the worst Indians, 23. 
Talk at Pala, Prof. Painter's, 61, 62. 
Talking about the Severalty Law, 35. 
Tangle, a, about title, 20. 
Tape, red, infinite, 21. 
Taxes paid by Rogerio, 87. 
Teacher, a, who must have a place, 11. a Cheyenne girl, 31. a good, 59. a 
good, removed, 68. average, 48. a very peculiar, 19. 
Teaching an Arapahoe to plough, 29. under an umbrella, 53. 
Tending mason, 32. 
Tennessee and Mississippi cormorants, 46. 
Terrorism, a system of, 45. 
Texas, a judge from, 39. 
Text of Supreme Court decision, 92. 
Theology on a peculiar foundation, 75. 
Theory of the proposed removal, 12. 
They wanted the spring, 75. 
Third visit to California, 3. 
Threatening danger, a, 61. 
Three superintendents in a year, 18. dairies, 56. hoes at Mesa Grande, 73. 
Timber, water and grass, 11. 
Time of land grabber short, 15. 
Tired, seem to be very, 9. a tangle about, 20. 
Title, the Wichita, 43. 
To be pondered seriously, 59. 
Too late as usual, 25. lazy if they knew how, 44. 
Tools, an Indian's stolen, 75. 
Traders' indebtedness $21,000, 34. 

Page 112

Traders' protest and are favored, 36. 
Traderships, Indian, 4. 
Traffic, liquor, injuries by, 56. 
Train, the Agent falls off, 8. 
Treaties, old, under the shadow of, 15. 
Treaty obligations in the way, 13. of Guadaloupe Hidalgo, 94, 95. the 
Cheyenne and Arapahoe, 12. 
Trespassers on Banning reserve, 73. 
Tribes, civilized, the chiefs, 46. 
Trying to raise goats, 59. 
Twice teacher in a year, 18. 
Two important facts, 4. reports probable, 6. Superintendents in a year, 9. 
pupils, one sick, 59. months' work for nothing, 46. 
Umbrella, teaching under, 53. 
Under the shadow of old treaties, 15. 
Unusual opportunities, 15. 
Upshaw, Mr., his methods, 43. 
Vacated lands, 57. 
Valid in appearance only, 12. 
Veal must not open his ditch, 61. 
Vicious plan, a, readopted, 36, 37. 
View, a Bishop's, 89, 90. 
Vigilance required, 15. 
Visit to California, the third, 3. 
Wagon, a six-horse useless, 73. 
Wanderer, Rogerio, a homeless, 75 
Wanted the spring, they, 75. 
War, Nez Perce, of 1877, 14. the Modoc, 14. the Sioux, of 1876, 14. with 
the Northern Cheyennes, 14. 
Ward, Agent, his resignation, 57 Shirley, counsel for Indians, 57. 
Washington, farming from 25, 26. obstructionists, 46. 
Wasted $30,000, 36. 
Water Company, the Ocean-side, 61. flume on a reservation, 66. for 
Indians, 66. plan for storing, 68. timber and grass, 11. the question of, 
63. 
Wedding, a, on a bridge, 38. 
Welcoming Prof. Painter, 34, 35. 
What a Commission brings about, 13. "can you want with so many spades?" 25.
Mr. Seger's Indians need, 27. should be done, 13. the Indian title is, 57. 
Wheat, hundreds of acres of, 37, 38. 
Where can they sell it? 37. 
Whiskey, a bottle of, for land, 60. and wine captured, 66. 
White men, seven in jail, 66. take Government aid, 27. 
Whites and Indians alarmed, 61. 
White's "New Recopilacion," 93. 
"Whose cows are these?" 32. 
Why the boys lost interest, 32. 
Wichita cattle and horses, 43. 
grass houses, 43. land excellent, 44. Reservation, 34. school, the 41. 
situation, the, 12. title to land, the 43. 
Wichitas, the shouting, 43. 
Will have to go, 60. probably bring cattle disease, 37. 
Wire, none to be had, 24. 
Wise counsel to Indians, 62. 
Wished to know about gambling, 17. 
Wishes of President Cleveland, 3. 
Woman, a remarkable, 55. 
Work, careful, required, 60. more than three months, 3. 
Working two months for nothing, 46. 
Works, but could fight, 29. 
Worst Indians, he must take, 23. 
Worthless seed from the Department, 39. 
Wretched building, a, 41. 
Year, a, of changes, 48. 
PERSONAL. 
Abraham, 65. 
Adams vs. Norris, 100. 
Agiurre, Martin, 84, 85, 86. 
Alessandro, 53. 
Alexander, Miss, teacher, 63. 
Alvorado, 80. 
Apis, Jose and Pablo, 63. 
Atkins, Hon. J. D. C., 34, 42, 43, 68. 
Ayers, Mrs. and Miss, 55. 
Baker, 34. 
Barker, farmer, 10. 
Beard vs. Federy, 100. 
Bergman, Mr., 51, 60. 
Bland, Dr., 40. 
Boggs vs. Merced Mining Co., 100. 
Brunson, Hon. Anson, 80, 82. 
Butcher vs. Witherly, 97. 
Butts vs. N. P. R. R. Co., 97. 
Byrne, 68. vs. Alas, 92. 

Page 113

Calac, Feles, 64. 
Campbell, Mr., Clerk, 42. 
Clark, Ben, the interpreter, 15. vs. Smith, 97. 
Clarke, Geo. J., notary public, 80. 
Cleveland, Mr., President U. S., 50. 
Cobb, Gen. M. G., 82. 
Collins, Miss, 41. Mrs., teacher, 18. R. P., Superintendent, 18. 
Coronel, Don Antonio, 61, 63. Mrs., 63. 
Coutts, Mrs. Col., 63. 
Crook, Gen., 49. 
Curly, 29. 
Davis, J. W., of Boston, 74. Miss, 39, 40. 
De Celes, Don Elugio, 87. E. F., 75, 82, 83. Eulogio, 80, 81. 
De Night, Miss, 10. 
Downey, Ex-Gov., 55. 
Dunn, J. P., Jr., 13. 
Dyer, Agent, 16. 
Estudillo, 96. 
Fager, Miss, 19. 
Fain, Jim, from Tennessee, 55. 
Fane, 54. 
Farrar, in 
Ramona  54. 
Ferris vs. Coover, 96. 
Fowler, Bishop, 89. Mrs., teacher, 68. 
Fulton vs. Hanlon, 101. 
Gard, George E., 84. 
Gee, Miss, 40. 
Golsh, Miss, teacher, 54, 55. 
Grant, President, 67. 
Graves, Dr., 42. 
Griffin, Geo. Butler, Notary Public, 87. 
Griswold and Maclay, Messrs., 84. 
Haddon, Mr., 41. 
Hammel, W. A., 84. 
Hart vs. Burnett, 101. 
Helm, --, 55. 
Hemphill and Woy, Messrs., 33. 
Hiles, Miss, 69. 
Hoag, Mrs., teacher, 18. 
Hall, Capt. J. Lee, 16, 34, 44. 
Hord, Miss, of Mississippi, 59. 
Hutchinson, Mr., Superintendent, 10. 
Jackson, Mrs. Helen Hunt, 54, 55, 90. 
Janus, Prof, 70. 
Johnson, Mackintosh, 97. 
Jones, William Carey, 95, 98. 
Joseph, Chief, 14. 
Juaquin, 59. 
Keene, Lieut., 15. 
Kelton, Gen., 3. 
Lamar, Hon. Mr., 12, 45, 49. 
Lamond, Miss Hattie L., 18. 
Lee, Capt. J. M., 22. 
Leese vs. Clarke, 96, 100. 
Lone Wolf, 34. 
Loper, Mrs., 40. 
Lugo, Juan, 53. Leonilia, 53. Roman, 53. 
MacFarland, Commissioner, 70. 
Maclay, Hon. Charles, 74. 
Mad Wolf, 27. 
Marie, an Indian woman, 65. 
McCullom, Agent, 68. 
McFarland, Judge, 102. 
McKenzie, Mr., Clerk, 10. Mrs., 11. 
McKinstrey, Judge, 102. 
Mechuc, Valentine, 54. 
Miles, Gen., 66. J. D , Agent, 29. 
Miller vs. Dale, 100. 
Minnie Yellow Bear, 19. 
Mora, Bishop, 63. 
Mudeater, Miss, 19. 
Murphy, Miss, 40. 
Narcisse, Captain, 58. 
Noble, Miss, 68. 
Oliver, the negro, 54. 
Osborne, Maj., of Tennessee, 8. 
Painter, Prof. C. C., 34, 35, 61, 62, 90, 92. 
Parks, Mrs., 52. 
Paterson, Judge, 102. 
Penington, Miss, 18. 
Philip, King, 93. 
Phipher, Gen., 45. 
Pico, Romulo, 82, 83, 87. the Mexican, 64. 
Pierson, Col., 4, 38. 
Platt, Senator, 6. 
Porter, Ben. F., 82. G. K., 78, 82. 
Potter, farmer, 16. 
Preston, J. W., Agent, 73, 74. 
Ramona, 53. 
Rico, Senor Don Andres, 87. 
Roch, Rogerio, 74, 75. 

Page 114

Roman, T. E., Notary Public, 83. 
Rust, Mr. and Miss, 61. 
Schurz, Hon. Carl, 41. 
Scott, Andrew, 63. 
Searls, Chief Justice, 102. 
Seger, J. H., 20, 22, 23, 24, 25, 27, 33. 
Sharpstein, Judge, 102. 
Sheriff, Miss, 68. 
Smith, T. S., Justice of the Peace, 79. the man who was killed, 8. 
Stamford, Governor, 81. 
Standing Bear, 14. 
Steibolt, C. H., Superintendent, 18. 
Sumner, Col., 4, 15. 
Sun Boy, 35. 
Taney, B. E., Justice of the Peace, 86. 
Temple, from Tennessee, 54. Judge, 102. 
Teschmaker vs. Thompson, 100. 
Thomas, Francis J., Notary Public, 85. 
Thompson, Miss, 41. vs. Doaksum, 101. 
Ticknor, Mrs., teacher, 52, 53. 
Townsend vs. Greeley, 101. 
Ubach, Father, 65. 
Upshaw, Mr., Assistant Commissioner, 43. 
U. S. vs. White, 100. 
Utt, Major, 61. 
Veal, Mr., 61. 
Voth, Rev. H. R., 19. 
Wallace, Major John T., 50, 51. 
Ward, Shirley, Counsel for Indians, 57. 
U. S. Indian Agent, 51. 
Waterman vs. Smith, 100. 
Woy, Mr., 34. 
Wells, Col. G. Wiley, 82. 
Welsh, Herbert, Cor. Sec., I. R. A., 91. 
Widney, Hon. R. M., 74. 
Willcox, Mrs., 56. 
Williams, Mr., 16. 
Young, Mr., Clerk, 46. 


Page 115

A Report which is sure to be read. 

THE FIFTH ANNUAL REPORT OF THE EXECUTIVE COMMITTEE OF THE 
INDIAN RIGHTS ASSOCIATION

JUST OUT. 

This is the most interesting and important Annual Report ever issued by 
the Association. It includes a wide range of subjects, and is full of 
vital and incisive discussion. 92 pages. Price, 20 cents. 

SEND FOR IT. 

Address 
THE INDIAN RIGHTS ASSOCIATION, 
No. 1305 ARCH STREET, 
PHILADELPHIA, PA. 



"THE LATEST STUDIES ON INDIAN RESERVATIONS." 
BY J. B. HARRISION. 

This book has been received by the press of the whole country as the best 
recent work on the actual condition of Indians on the Reservations. It is 
a record of personal investigation form Omaha to Puget Sound and the lave-
bed region of Southern Oregon. It has stimulated discussion in a 
remarkable degree. 

We are selling the Sixth Thousand . Postage stamps may be sent for sums 
less than one dollar. 

Address all orders to 
THE INDIAN RIGHTS ASSOCIATION 
1305 Arch Street, Philadelphia, Pa. 
Paper, 233 Pages. .......... 25 Cents a Copy. 

The Indian Rights Association represents practical and business-like aims 
and methods for the solution of the Indian problem. It has no interest in 
extreme or eccentric theories or plans. 

By direct investigation on the various reservations, it has obtained an 
acquaintance with the actual condition of the Indians, and with the 
general administration of the Indian service, which is unequalled in 
extent and accuracy. 

The Association co-operates with the Government in all measures and 
efforts tending to the advancement of the Indians toward self-support. It 
favors the immediate adoption of a system for the education of all Indian 
children; the extension of lew over the reservations, for the protection 
of the rights of both Indians and white men; the allotment of lands to 
individual Indians, and the breaking up of tribal organization, which is 
the real citadel of savagery. The passage of the general land in severalty 
bill is the beginning of a new order of things. 

The need of the direct observation of facts in the Indian country, and of 
assistance and redress for Indians in cases of flagrant wrong and 
encroachment, increases every year. The opportunities of the Association 
were never so great as now. The natural growth of its work requires 
increased means to sustain it. Intelligent and public-spirited citizens 
are invited to examine the work of the Association, and to aid in the 
accomplishment of its objects. 

HERBERT WELSH, 
Corresponding Secretary, 
1305 ARCH ST., PHILADELPHIA, PA. 



LIST OF OFFICERS FOR THE YEAR 1888. 
PRESIDENT, 
DR. JAMES E. RHOADS. 

VICE-PRESIDENT, 
CLEMENT M. BIDDLE. 

TREASURER, 
ROBERT FRAZER. 

CORRESPONDING SECRETARY 
HERBERT WELSH. 

RECORDING SECRETARY, 
A. B. WEIMER. 

EXECUTIVE COMMITTEE, 

CLEMENT M. BIDDLE, 

WILLIAM O. BUTLER, 

F. HAZEN COPE, 

WILLIAM DRAYTON, 

ROBERT FRAZER, 

W. W. FRAZIER, JR., 

PHILIP C. GARRETT, 

REV. J. ANDREWS HARRIS, D.D., 

PROF. E. J. JAMES, 

J. TOPLIFF JOHNSON, 

THOMAS LEAMING, 

JAMES MACALISTER, 

CHARLES E. PANCOAST, 

HENRY S. PANCOAST, 

J. RODMAN PAUL, 

DR. JAMES E. RHOADS, 

REV. H. L. WAYLAND, D. D., 

A. B. WEIMER, 

HERBERT WELSH, 

JAMES A. WRIGHT, 

RT. REV. O. W. WHITAKER, D. D.