[Contents]

XI

THE LAW OF THE REALM

Ko Ko. I want to consult you—

Pooh Bah. Certainly. In which of my capacities? As First Lord of the Treasury, Lord Chamberlain, Attorney-General, Chancellor of the Exchequer, Privy Purse, or Private Secretary?—The Mikado

A new Agent at the Cañon headquarters, a greenhorn to boot, and immediately a thousand questions were asked: questions of Indians, of employees, of missionaries, of traders, of traveling cattlemen and drummers, of tourists, of everyone having an interest in that country, even if ever so little. And the new Agent was to answer them all, promptly, that they might go forth with instructions and permits to do the things that they felt most necessary to themselves. I had brought a little book of regulations from Washington, and too, I thought of the commission. It read:—

All the duties relating to the Moqui schools, Agency, and the Indians contiguous thereto, are hereby devolved upon you as Superintendent.

Rather a large order, depending of course on how sincerely and conscientiously one would view the matter. Here were close to four thousand square miles of territory, having five thousand people of many conditions, three fourths of them uncombed savages; and all their problems devolved upon me.

I remember one particularly worthless Civil Service [114]employee who once said to me: “But, Mr. Crane, you take these matters too seriously.”

It was necessary for me to cancel his engagement shortly thereafter. I did this abruptly, for he had shown a strong tendency to go off to sleep at the scales. He then emitted another philosophical remark, worthy of a Civil Service employee:—

“Well,” he said, “I will get home just at watermelon time.”

Now one does not have to take the thing seriously. I have followed several Agents who did not. But there is no traditional “George” in the Arizona Desert, and the Agent can always be found. He is the official goat, tagged, manacled, bonded. He may not leave his jurisdiction for longer than one week without having procured special permission; and when he goes, the work continues in the hands of irresponsibles under his responsibility and his bond. I spent several evenings with the little book of regulations, and answered my own queries.

What are the duties and responsibilities of an Indian Agent?

On a closed reservation, where the Indians are non-citizen wards:

  • 1. He is the Disbursing Officer for all activities, and will expend $100,000 or more yearly, the reserve’s allotment of funds, without including the moneys of individual Indians that may be deposited with him.
  • 2. He directs a corps of employees, persons procured from the Civil Service grab-bag (persons he does not select), a gregarious and vagarious outfit, consisting of physicians, nurses, stockmen, farmers or rangemen, mechanics, teachers; and he often coöperates with the Irrigation or other services and their corps. [115]
  • 3. When there is construction work of any kind, from quarters and schools to roads and bridges, he often designs these things, always passes on the efficiency, and nearly always directs the actual work.
  • 4. As Chief Health Officer, he should know enough to advise and support the physicians, who require more of direction and guidance than one would imagine; and among the Indians he is in great measure responsible for the legality of their actions. In times of epidemic he must lead.
  • 5. He is the Chief of Indian Police.
  • 6. He is a special deputy officer of the Liquor Service, a branch designed for the suppression of the liquor traffic among Indians.
  • 7. He is Judge of the Indian Court, with the powers of a magistrate, unless there is an intelligent Indian who may be commissioned so to act. Such are not in the Arizona Desert. If there should be intelligent Indians to act, the Agent has appellate power.
  • 8. He is the Game Warden.
  • 9. He holds hearings, determines heirs, and probates estates.
  • 10. He often makes allotment of lands to Indians and determines values.
  • 11. He is Superintendent of Indian Trade, recommends those persons who seek Governmental license to trade with Indians at designated trading-posts, and is expected to regulate the prices of that trade in accordance with market conditions.
  • 12. Should the Indians have moneys accruing from supervised activities, such as the leasing or sale of lands, or from stock-selling, and so on, the Agent first sets his approval on the leases or sales, and thereafter acts as banker of the money.
  • 13. As banker again, he makes loans to Indians under the Government’s reimbursable plan, whereby an [116]Indian may purchase of the Agent livestock, implements, materials, tools, or seed, with borrowed money, and repay such loans during a period of years.
  • 14. In the Navajo country he guarantees the genuineness of the famous Navajo blanket before it goes to market.
  • 15. He should encourage Indian agriculture, seek to improve their livestock holdings, and generally strengthen their industries.
  • 16. Under an Act of the Legislature of Arizona, he issues marriage licenses as a clerk of the court, and may solemnize marriage.
  • 17. He is to see that all Indian children between the ages of six and eighteen years attend school; to provide and equip properly the schools; and to improve if possible the sanitary and moral conditions of the Indian communities.
  • 18. In some places, and the Moqui Reservation is one, he should police and protect Indian ceremonies, such as the Snake Dance.
  • 19. He has authority to make minor regulations in good judgment for the government of Indian country of his jurisdiction; and in larger measures, if he is informed and possesses a backbone, he usually sways the policy of the Service as it affects his people.
  • 20. The laws of the State do not apply directly to his territory, but serve as guides in those cases not specifically covered by Federal law, and through him as Agent.
  • 21. Every war-time activity was carried out by Indian Agents, from the registration of whites and Indians, the observance of interned aliens, through the good regulations, to bond-selling and the application of the Income Tax.

Have you had enough?

If these are not sufficient in number to be convincing, [117]there are a few others in the two thousand amendments issued since 1904.

A white citizen of no responsibility toward others beyond his obeying the signals of the traffic officer,—the sort who used to quarrel with belated street-cars,—and who aims to be humorous, might say, “This is not the description of a Federal official. This is none other than Pooh Bah!” Exactly so. But the Indians title him “Nahtahni” among the Navajo, “Moungwi” among the Hopi, “Ah-hin-ti” among the Spanish-speaking Pueblos of New Mexico, “Mayoro” among the Mohave, “Ah-tay-ah-pe” among the Sioux, “Ta-ta” among the Apache; to wit: Chief, or Head-man, or Father. He is no less. His rule is quite feudal and absolute.

Seldom is his authority disputed by Indians; but it is challenged and criticized by everyone else on earth, including his superiors, who, after having commissioned him with these powers, live in mortal dread that he will prove the sort of man to make use of them.

The Agent’s financial transactions are subject to audit by designated Governmental auditors, and his other official acts come under the occasional survey of inspectors. But neither of these officials has the power to take charge of affairs, or to give directions within the jurisdiction, without first having had the commissioned Agent suspended from his office.

Now here is a job sufficient in scope to occupy anyone, whatever the quality of mentality brought to bear upon it; and few who find themselves in the position go looking for a clay deposit that they may make brick in their spare time.

Naturally too, he who endeavors to meet these duties as they arise, and is surprised when he makes enemies, is [118]one who will look stupidly for the millennium. By the very nature of things human he must expect to be viewed by some of those ruled among the Indians, by those seeking their favor or trade, by those who wish to play with them, paint them, model them, live with them, beg from them, steal from them—in short, all those who wish to use Indians or their lands and resources, as a Meddlesome Matty.

These were the late Colonel Roosevelt’s words. He took a sincere interest in Indians and their problems as administered by honest Indian Agents, and he vigorously supported such officials without considering them either meddlesome or matties, and he personally respected their regulations when visiting the reserves.

A BUSY DAY AT THE TRADING-POST, KEAMS CAÑON

A BUSY DAY AT THE TRADING-POST, KEAMS CAÑON

READY FOR THE 105-MILE TREK TO THE RAILROAD

READY FOR THE 105-MILE TREK TO THE RAILROAD

A trader’s train

Roosevelt was an exalted Indian Agent. He had no false ideas that the common people are filled with wisdom, that capitalism oozes virtue, that labor is sincere, that poverty is an assurance of honesty. But he did believe that the poor and helpless deserved fair dealing and protection from predatory interests of whatever kind; and that the mute required a fearless voice. It was his judgment that Indian country should be governed very much in line with those suggestions made by Colonel Kit Carson, who swept rebellion out of the Painted Desert and the Moqui cañons in 1863. He who follows Carson’s advices in formulating his policy at an Agency may have trouble with his civil superiors, with politicians, with critics and tourists, and with a whole horde of people in office and out; but he will be respected by the Indians as their Chief, and in a brief time they will give him their confidence. In the end he will have their affection and loyalty.

In a report dated at Fort Lyon, Colorado Territory, August 1865, Carson replied to the questions of a Congressional [119]Committee that sought counsel concerning the future management of the Indian:—

From a long-continued residence among or in the immediate vicinity of Indians, and from a personal observation of their manners, customs, and habits, acquired both in private life and the transaction of official business as an Agent of the Federal Government, I have been convinced that the only rule to be successfully applied for their government is one firm, yet just, consistent and unchangeable.

For the Indian, judging only by the effect of that which appeals to his senses, as brought directly before his observation, regards with contempt a weak and indecisive policy as the result of hesitation, fear, and cowardice, whilst a changeable and capricious one excites his apprehension and distrust. Both of these courses should be carefully avoided.

The rule for the government of Indians should be strong enough to inspire their respect and fear, yet protecting them from both internal dissension and external aggression.

It is true that Carson thought this power should be vested in the military, a view that has changed among the elder statesmen without convincing anyone who knows uneducated and remotely located Indians.

Carson was right. In a brief paragraph he advised against the perfect picture of a civil Indian Service that for years has worked its political capriciousness.

It has seldom been firm; it has been most confused and unjust; it has rarely been consistent; and it is always changing.

More and worse than this—it has at times been cowardly in the face of political and private buccaneering.

Each new administration, having to pay its pressing political debts,—those debts that helped boost it into office,—must deliver the hapless Indian over to a new [120]set of theorizing experimentalists who do not know a moccasin from a sabot. Men too small for the Cabinet, yet who have spent anxious years in log-rolling and who must be paid somehow, offer themselves eagerly to the job of guaranteeing the destiny of nations of aliens. Problems that puzzle the ethnologist and sociologist are approached without alarm, with a crude and vicious confidence, by a politician from Squawk Centre who once crossed an Indian reservation to shoot ducks.

Finding that methods current in doubtful precincts are of no avail in this work, and being forced to do something to make a showing, he proceeds to tear down the work of his predecessor, who had started in the same way but had learned a little during four years of fumbling; and when the whole works are fatuously gumbled, it must be done all over again to reach a point of normalcy, all Indians and their officers of the field marking time until the new Colonel has learned the traditions of the old barracks. Imagine John McGraw signing as pitcher some aspiring village quoit-champion! Conceive of Henry Ford halting his factories until a needy ward-heeler mastered the mysteries of a carburetor!

And the Indian, judging only by the effects of vacillation, springs to the suspicion of chicanery. The many inventions of stupid officials excite his apprehension and distrust. The Indian comprehends very little of first or political causes. When he distrusts his superiors he tends to throw himself on the hungry bosom of sentimentalists. He knows only the Agent on the ground, and too frequently finds in him a reflection of that which someone interested wants Washington to arrange. And no sooner does the Indian find an Agent who will fearlessly represent him, investigate his complaints, support his charges, [121]and fight his just battles, and who will have nothing to do with intrigue, than he expects the removal of that uncompromising and foolish idealist to other scenes.

To-day the Hopi waits for a reasonably just settlement of his range problem, and he has been hoping for seventy-five years. He packed the trail to Santa Fe in 1850 to petition the first Indian Agent of the Americans, with the same evidence he brings patiently to his present one. The Navajo who troubles the Hopi in the west of the Empire, suffers similarly from whites on his eastern lines.

The point is that neither the Indian nor those who best know his actual condition have any direct voice in matters that affect his very existence. [122]