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Source: 54th Congress, 2nd Session, House of Representatives. Document No. 310.
AGREEMENT WITH NAVAJO INDIANS
LETTER FROM THE SECREATARY OF THE INTERIOR TRANSMITTING, IN RESPONSE TO THE RESOLUTION OF INQUIRY OF THE 8TH OF FEBRUARY, 1897, A REPORT FROM THE COMMISSIONER OF INDIAN AFFAIRS RELATING
TO A TREATY WITH THE NAVAJO INDIANS
FEBRUARY 23, 1897.-Referred to the Committee of Indian Affairs and ordered to be printed.
DEPARTMENT OF THE INTERIOR, Washington,February 17, 1897.
SIR:
I have the honor to acknowledge the receipt of the following
resolution of the House of Representatives, dated
the 8th instant:
Resolved, That the Secretary of the
Interior be, and is hereby, requested to inform the
House of representatives what action is being
taken, or has been taken, if any, to enforce the terms of the treaty or
agreement with the Navajo Indians, entered into
June first, eighteen hindered and
sixty-eight, under which treaty or agreement said Indians are required
to remain within the limits of their reservation.
In response thereto I transmit herewith copy of a report, dated 16th
instant, from the Commissioner of Indian Affairs, giving
a history of the tribe, a description of their reservation, etc., as reported
at various times to his office, and showing the action taken by the Indian
office and the Department, looking to the removal of the nonreservation Navajos
to the reservation created for them by the treaty of
June 1, 1868.
Very respectfully,
D.R. Francis,
Secretary
THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES.
DEPARTMENT OF
THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, February 16,
1897.
SIR:
I have the honor to acknowledge the receipt, by
Department reference for report, of the following
resolution adopted by the House of Representatives
February 8, 1897, to wit:
That the Secretary of the Interior be,
and is hereby, requested to inform the House of
Representatives what action is being taken, or has been taken, if any, to
enforce the terms of the treaty or agreement with the Navajo Indians, entered into
June first, eighteen hundred and
sixty-eight, under which treaty or agreement said Indians are required
to remain within the limits of their reservation.
In connection with this subject I have the honor to state that the
recital of the various actions taken by his office and the Department looking
to the removal of nonreservation Navajos to the
reservation created for them by treaty of
June 1, 1868, will involve a brief
history of that tribe, a description of their reservation, the character of its soil, and the resources, or
rather the lack of resources, of the reservation,
including data and information as to their flocks and herds and the census of
the tribe itself, as reported at various times of this office. Under
article 1 of the treaty concluded between these Indians and the
United States
September 9, 1849, confirmed by the
Senate
September 9, 1850 and proclaimed by the
President
September 24, 1850 (9 Stat. L., 974),
the said tribe acknowledge that by virtue of a
treaty entered into by the United States and the
United Mexican States on
February 2, 1848, at the
city of Guadalupe-Hidalgo, the Navajos were lawfully placed under the exclusive
jirisdiction and protection of the United States; that
they were then, and would forever remain, under such jurisdiction and
protection. By article 9 of the said treaty of
September 9, 1849 it was agreed by the
Navajos that the United
States should at its earliest convenience designate, settle, and adjust
their territorial boundaries and pass and execute in their territory such laws
as might be deemed conducive to the prosperity and happiness of said
Indians.
It appears that this tribe of Indians then lived in the
western portion of the Territory of New
Mexico and claimed a large portion of that section of the country; engaged
in the production of corn, wheat and vegetables (and lived upon the natural
products of the soil when these were exhausted), and in the manufacture of
various fabrics. They were a powerful and formidable tribe at that time, and in the early sixties became
involved in a war planned against them, and in
1864 they were made captives by the
military and taken to the Bosque
Redondo Reservation, which had been set apart for the
Mescalero Apaches, where they were held for a time
as prisoners of war and then turned over to this Department.
During their stay at this reservation they
became very much dissatisfied, their discontent being in the consequence of
scarcity of fuel, unproductiveness of the soil, bad water, unhealthiness, and
frequent raids made upon them by the Comanche,
Kiowa, and other Indians. They therefore
constantly begged to be removed to their old country, where the soil, they
claimed, was the more productive, where there was an abundance of fuel and
timber, and where they would be removed from their old enemies above
mentioned.
The treaty of
June 1, 1868 (15 Stat. L., 667), was
therefore concluded with them, and provided for their removal to their present
reservation, west of the Rio Grande, in their old
country. On
June 18, 1868, steps were taken to
remove the whole tribe form the Bosque Redondo
Reservation to their new reservation, in pursuance of the said treaty.
The United States Indian agent for the
Navajos reported,
August 15, 1868, that it was
impossible for him to present an exact census of the Navajos in the consequence of the fact that many were
living with the Apache and Pueblo Indians and running at large; that it was his
opinion that from 700 to 1000 were then living with other Indians, who would
probably come to the reservation at some future time. He
submitted and estimate as follows, to wit, 7300 transferred from the war
departed at Fort Sumpter, N. Mex.; 700 living with other
Indians away from the new reservation, making a total of 8000
Navajos at that time.
Their present reservation was created, as
above indicated, by treaty concluded
June 1, 1868, and extended at various
time by Executive orders of subsequence date, viz,
October 29, 1878;
January 6, 1880;
May 17, 1884;
April 24, 1886; which orders may be
found in
"Executive Orders relating to Indian Reservations, issued prior
to April 1, 1890," pages 56 and 57
(copy herewith). These Executive orders were issued for the purpose of
extending the boundaries of the Navajos Reservation so as
to include better facilities for grazing and watering their animals and
increasing flocks and herds, and to the end that such action might avoid
conflict between the Indians and encroaching whites.
It appears that the troubles between the nonreservation
Navajos and the white settlers on the borders of
the Navajos Reservation, located principally in the
Territories of New Mexico and Arizona (including a small strip
in the State of Utah), were constantly recurring; and under date of
April 6, 1887, this office took
occasion to invite the attention of the Department
to these troubles, and presented for its consideration a plan of action looking
to the ultimate removal and settlements of all the nonreservation Indians upon the Navajos
Reservation.
The Commissioner of Indian Affairs at that
time stated in his said report that he had given much time and thought to the
consideration of this question and had found it a very difficult and perplexing
one to meet; that his own personal observation during a recent visit to the
Navajos country only tended to confirm his impression and
increase his apprehensions as to these troubles. He summed up the situation
briefly as follows:
There are perhaps seven or eight thousand of these Indians
scattered through the country, mostly east, south, and
southwest of the reservation. They are natives of that region, and have
always lived there. Although a reservation was
established for them as long ago as
1868, the Government, presumably from motives of economy, has
never compelled them to go upon it, preferring to allow them to make their own
living where they were rather than force them upon the reservation, to be fed at the public expense. They have been
peaceable, and have tried to give as little offense as possible, and until the
advent of the railroad conflicts with the whites were unheard of.
The only habitable portions of the country occupied by them are in
the neighborhood of little springs, which afford the only
water to be found in all arid region. These springs, though not very numerous,
are indispensable to the Indians in the care of their flocks, and are alike
indispensable to the whites, who are overrunning the country, demanding
possession and calling loudly for the removal of the Indians to their proper
reservation. They are in dangerous contact, and frequent fatal
collisions between them have been reported.
It is clear that the Indians can not remain where they are in peace,
and yet they have nowhere to go, except to the reservation, and it is doubtful if they would find a safe
deliverance there for all. As the result of the correspondence recently had
with the Department, to which allusion has just
been made, it was decided that a special agent of their
office should be sent to visit the Navajos and
make a thorough study of their condition, disposition, and surrounding, with a
view to devising some plan for the adjustment of their difficulties.
Accordingly, Special Agent Parsons was detailed for the
duty, and spent two months or more
(1886) in the Navajos
country, studying into the condition and needs of the Indians and
counseling with them as far as possible. For convenient reference I inclose
herewith House Ex. Doc. No. 263,
Forty-ninth Congress, first session, containing
office report of
May 27, 1886 as well as the report
of the investigation made by Special Agent Parsons, to
which I respectfully invite your attention.
Upon a thorough examination of the situation Mr.
Parsons came to the conclusion that if the Government would construct ditches, dams, and
reservoirs for the storage of water, and sink walls to an extent involving an
expense of about $50,000 for all, the reservation,
deficient as it is, could be made to supply the entire Navajos population.
He expressed the opinion that it would be unwise and perhaps
dangerous to attempt to put the nonreservation Indians
on the reservation before water works were completed, or
at least until they were sufficiently far advance to remove all doubt as to
their being successfully completed.
Following out Mr. Parsons' recommendation,
Congress, was asked to appropriate $50,000 for the
purpose mentioned. The money asked for was not given, but the sum of $7,500 was
appropriated for the fiscal year ending
June 30, 1887, and a similar amount
has been provided for the next fiscal year,
1888, so that a good deal can be accomplished,
notwithstanding the failure to secure the $50,000 asked for.
My idea now is that a discreet painstaking
officer should be sent to the Navajo country to
council with the nonreservation Indians and persuade all
the roving Indians to go upon the reservation.
In a recent communication
(February 25, 1887) Agent Patterson, of the Navajo
Agency, says:
"Some provision should be made, and that immediately, that all the
Navajo Indians now residing off the
reservation be require to return to it and stay there. I
think the time for this action is at hand, in view of the fact that these
Territories are being fast settled up with white settlers
who have a right to the public domain and are crowding in upon the lines of the
Navajo country, and that towns are being built up along
the lines of the railroads, and improvements advancing everywhere. * * *
"A feeling of bitter hatred has for some time existed, and is
increasing in intensity, between the two peoples, and it only needs some
vigorous spark to kindle a great flame which may arise at any time."
He further stated that the Indians living along the south and the east lines of the reservation are manifesting a
willingness to remove to the reservation, and some have
declared that they would so remove were it not that they would be obliged to
abandon their house.
He thinks that if an order were issued requiring all
nonreservation Indians who have no fixed habitations,
but ever roam about from place to place, to go upon the reservation and settle down, giving them a sufficient time,
say sixty days, to receive the notice and prepare themselves, they would
generally obey the order. He adds, however, that the military should be employed to enforce the same, if
necessary, and thinks no trouble would result, as they stand in fear of the
Army.
In a still recent communication
(March 21)the acting agent, Mr. Ford (in the absence of Agent
Patterson), refers to the frequent disturbances between the
nonreservation Indians and whites, and urges the same
course in dealing with the question, believing it to be the only practical
remedy. He says:
" I learn from a St. John (Ariz.) paper that
the citizens in general are determined to protect themselves, driving the
Indians out by force if necessary, for their claim there is no security
whatever so long as the Indians remain among them and are participants in, if
not provokers of, these shooting and killing affairs."
It might prove a dangerous experiment to attempt to "round up" seven
or eight thousand of these Indians and place them on the reservation with only a few weeks' notice; and aside from the
mere question of expediency, it might be unfair and unjust in many cases, as,
for example, where Indians have improvements of more or less value, in the
enjoyment of which they have lived unmolested perhaps for many years. It would
be unjust to overawe any who may be so situated by the presence of
troops and compel them to abandon their homes.
Furthermore, until the system of irrigation is further advanced the
entire population could not be kept on the reservation,
with their almost countless flocks of sheep and goats. It is hoped, however,
that in time a sufficient supply of water may be had to meet all their
requirements; but such is not the case at present.
It has been suggested that the Indians might reduce the number and
improve the quality of their sheep as a means of lessening their difficulties
(they own 1,500,000 sheep and goats and 80,000 horses), but they declare that
they can do nothing with high-grade sheep. The country is not adapted, they
say, to the raising if any better grade than they now have. Some experiments
have been made in that direction, but without success. The Indians will not
bestow the care upon their flocks that is required in raising the better grade
and they do not like them as well for food.
All things considered, I doubt the wisdom or propriety of issuing a
peremptory order requiring all nonreservation Indians to
go upon their reservation, at least until the fact is
clearly established that they can live there, and that they can not do until
the facilities for carrying and storing water are improved.
Still, I think that an effort should be made to induce as many to
remove as can be safely to provide for.
A few may be in a situation to take advantage either of the
homestead laws or the fourth section of the general allotment act, which latter
makes provision for Indians residing on the public lands, but it would be
impossible to provide for any considerable number in that way. Ultimately, the
great body of them must find homes on the reservation,
and the sooner they do so the better.
The Indians should be given to understand that it is the intention
of the Government to place them upon their
reservation as speedily as practicable, that it is the
only way they can be protected, that they are bound by their own pledges (Art.
XI, treaty 1868, 15 Stat. L., 667) to remove from the territory now occupied by them outside the reservation boundaries;
that the Indian Department will do everything in its power to
help them and put their reservation in a condition to
supply their wants as regards water, so that they will improve their condition
by the change, and that it is the earnest desire of the Department that they should voluntarily remove with
their flocks as fast as practicable and take up homes on the reservation.
The whole subject is respectfully brought to your attention for such
suggestions as you may be pleased to make thereon.
On
April 9, 1887, the Secretary of the Interior, concurring in the views and
suggestions set forth in the above letter, authorized and instructed this
office to take the necessary steps to carry the same into effect and to assign
to the duty a discreet and judicious special agent of
the Indian service.
Accordingly, on
June 1, 1887, Special Agent Eugene E. White was directed to proceed, upon
the completion of certain duties then assigned him, without unnecessary delay.
To the Navajo Agency and enter upon the completion
of certain duties then assigned him, without unnecessary delay, to the
Navajo Agency and enter upon the work indicated.
He was instructed that the great object to be attained was the voluntary
removal and permanent settlement of the nonreservation
Indians within the prescribed limits of their proper reservation, or as many of them as could be safely
accommodated there, with their flocks and herds; that this purpose did not
include the owners of extensive ranches with valuable improvements, of whom it
was understood there were some, unless they preferred it themselves, for the
reason that it might be ruinous to such to abandon their present location; and
that they should be protected in some other manners.
His attention was called to the fact that this office had been
somewhat perplexed to know how best to deal with this question; that if their
vast reservation were capable of sustaining their
numberless flocks and herds, it might be proper to insist that the Indians
should remove to within its limits and remain there; that from reports received
from those who had examined into the matter, it was manifest that such was not
case, although it was believed that with the construction of ditches,
reservoirs, etc., it would afford ample and safe conditions for all.
Furthermore, that the non-reservation Indians were
nomadic in their habits, due largely, no doubt, to force of circumstances; that
they could not keep their flocks in that arid country without frequently moving
from place to place; that for these reasons and on account of the great
scarcity of agricultural land no effort had been made to secure to them the
benefit of the homestead laws, which otherwise might have furnished at least a
partial solution of the difficulties attending their case.
It was
suggested that he should confer freely with the military authorities, and, if convenient, with
Governor Ross, of New Mexico, who
took a deep interest in Indian affairs.
Owing to the fact that
Special Agent White was unable to carry out these
instructions, on account of other duties assigned him, this office on
February 2, 1888, instructed him to turn over
his instructions to Special Agent H.S. Welton, of this
office, who was directed to examine into the matters covered by the letter of
instruction to Special Agent White and to make a careful
and painstaking investigation of the same.
Special
Agent Welton visited the Navajo Reservation for the
purpose of carrying out the instructions given, and in July, 1888, after consultation with the
United States Indian agent of the
Navajo Agency called the council of the Navajos for the purpose of laying the
matter of returning these Indians to their own country before them, and to
allow those of them who desired to remain permanently outside to take up homes
under the severalty land act. At this council there were present about 200
chiefs and representative Indians. Their proposition to the agent was that the
Government should extend their reservation on the south side reaching to the railroad, 10
miles on the east side, and 10 to 15 miles on the west to the Little Colorado River; and that if such extensions were
made,
they would be brought within the reservation.
On
July 8,1888, he submitted his report to this
office upon the condition and needs of the Navajos, more especially the non-reservation Indians, or others living outside
of the
reservation limits, numbering them, according to various
estimates, from 7,000 to 10,000, and recommending the extension of the
reservation as it then existed on the west and south
sides.
He suggested in his report that fencing certain portions of the
Navajo Reservation might prevent Indians from wandering
across the boundary lines thereof with their flocks and herbs.
Hon. Herbert Welsh, secretary of the Indian Rights Association, Philadelphia, furnished this office with a letter addressed
to him by Thomas V.Keam, recommending the extension of
the Navajo Reservation south 5 miles.
At or about
at time, this office received a communication from A.M.Swan, secretary of the Gallup (N.Mex.) Board of Trade, protesting
against the
proposes extension of the reservation south, as being
calculated to promote endless strife between the whites and Indians, and work
serious hardship and injustice to white settlers, who, as he alleged, in large
numbers were then living on the borders of the reservation.
In the view of these conflicting opinions
as to the extension of the Navajo Reservation, it was
deemed best to refer Agent Welton's report to the
United States Indian agent of the
Navajo Agency for further investigation and
report. Accordingly, the agent was instructed
February 16,1889, that the office desired to
have his views freely expressed upon the matter referred to him, and especially
upon the merits of the several propositions submitted by Agent Welton and Mr.Keam.
On
March 1, 1889, United States
Indian Agent Vandever, of the said agency, stated in a report to this
office that he had given the subject careful consideration; that he did not
deem the plan of fencing the southern line of the
reservation, as suggested by Agent Welton, feasible
or calculated to bring about a solution of the matter; that the cost of fencing
the southern line thereof would be immense and of no
practicable good for the reason that the fence would be torn down and destroyed
soon thereafter; that as to the extension of the reservation he would recommend that an addition of about
10 miles on the south side thereof in Arizona and
5 miles on the west side, from the Moqui Reservation, be
made for the reason that there were many Navajo
Indians living on the strip indicated who had build houses thereon and
otherwise improved the same.
Agent Vandever also
started that the objection to the extension of the reservation, as proposed by Special Agent
Welton, was based on the fact that such an extension would entirely
surround the Moqui Reservation, would place the
Moqui Indians in a precarious condition and
entirely at the mercy of the Navajos, and be the
cause of continuous troubles; that on the west many white settlers had located
upon the lands proposed to be embraced in the addition to the reservation by Agent Welton; that many
white settlers had located along the Little Colorado
River, and had been living there for years, without previous trouble with
the Indians; that the extension, as suggested by himself
(Vandever), would leave the coal fields and railroad some twenty or
twenty-five miles from the reservation, would not in any
manner interfere with the citizens of Gallup or any other
white settlers, and would embrace the lands of value to the Indians.
He
recommended that all the nonreservation Indians
(aggregating then not more than 30 per cent of the reservation Indians) who had not settled upon the
public lands with a view to acquiring title thereto, under the land laws of the
United States, be ordered to return to the
reservation and remain thereon, stating that in his
judgment he would experience but little difficulty in getting the Indians to
comply with such an order, if issued.
He also stated that there were located, about 1.5 miles from the southern line of the
reservation, four or five springs which had been taken by
the white settlers; that three or four Indian families had build houses and
improved homes in the same vicinity; that they were continually fighting about
the water; that if the reservation should be extended 10
miles south it would embrace these springs and one large one some 4 miles
therefrom; and that there was no water within 10 miles of the line marked on
the map indicating his proposed extension to cause white men to settle near
thereto, or the Indians to leave the reservation.
Agent Vandever added that he agreed with
Mr.Keam in his view of developing a water supply by
opening springs and constructing dams at suitable points, and asked that there
be sent there a competent engineer to accompany him (Vandever) over the reservation to
locate the most suitable places for such purposes and to make a map of each
location for the information of this office.
In a letter dated
September 6,1889, Agent
Vandever estimated the number of Navajo Indians
living off the reservation to be about 10,000,and stated
that it had always been his object to try to induce the roving
Navajos to return to the reservation, believing that most of them had much better be
placed where their movements could be watched and where their actions could be
directed when circumstances so required; that many of those who had left the
reservation had settled down to farming, and after years
of hard work had made for themselves comfortable homes and good farms; that
these people were entirely ignorant of the existence of land laws, in
consequence of which their lands had not been entered for settlement by them,
their only title being that of possession; that without any apparent legal
title to their possessions these Indians, when their lands became valuable,
were almost constantly annoyed by avaricious white men, who thought that they
saw a good opportunity for obtaining valuable property without compensation
therefore; that within the month of August, 1889, a
dozen Indians, at least, who had lived off the reservation for years visited him and complained of attempts
of the white men to dispossess them of their land; that one of these
complainants had lived on his land thirteen years, built a house thereon, had
the land otherwise improved and well stocked, and that it was frequently the
case that the white men tried to dispossess the Indians of their homes by
violence, intimidation, or fraud.
This office has earnestly endeavored
to keep the Navajo Indians (with the exception of those
who have settled upon land outside of their reservation
for the purpose of taking homestead) within the limits of their
reservation, and has repeatedly instructed the
Navajo agent to try to induce the roving
Navajos to return to their reservation.
On February 14,
1890, this office, acting upon the complaints and urgent requests of
citizens in the vicinity of the reservation, as well as
the recommendation above referred to of Agent Vandever,
specially instructed the United States Indian agent of
the Navajo Agency to adopt energetic means to keep
the Indians, with the exception mentioned, within the limits of their
reservation, and to return the roving Navajos to the reservation, and to
explain to them that should they fail to return and continue to wander around
in the vicinity of the white settlements the Government would regard such conduct as a defiance of
its authority and as a rejection by the Indians of the proper measures adopted
for their own good and prosperity.
In pursuance of these instructions
the agent stated in his annual report, dated
August 22, 1890, that he immediately set to
work and sent his police to every point where an
Indian could be found off the reservation; that all were
notified to return at once or report immediately to him why they refused to do
so; that in a very short time these non-reservation
Indians commenced arriving at the agency in bands numbering from 3 to 50
and entered their protests against coming on the reservation to live that from
time no less than 300 Indians called upon him, each one declaring that he had
lived upon his land from ten to twenty years; that it was his intention to
homestead it whenever the public survey came to be extended over the same and
the Government had placed within his reach the
means of making an entry; that he fully explained to each Indian that he was
entitled to 160 acres of land, and no more, and that he must confine his stock
to his own lands. To these regulations the Indians promised to conform.
The agent expressed the opinion that if they would
comply with these requirements of the law he believed that the lands on which
they were settled should be surveyed immediately, and that they should have the
lands allotted to them under the act of February 8,
1887 (24 Stat.L., 388).
He stated that as the matter then stood the
cattlemen complained of the Indians and the Indians complained of the
cattlemen, and that unless the interests of both the Indians and whites could
be harmonized, or the Indians confined to their reservation, trouble would eventually ensue.
The
agent further reported that much of the inherited land
of the Navajos lies some distance beyond the
established Navajo boundary; that these Indians
have roamed and lived in these surroundings from time immemorial; that it was
almost a matter of impossibility to explain to them our system of restricted
land holdings; that wherever grass grows, there they think that they should be
allowed to graze their sheep and horses, and that the waters beyond the
reservation limits near which they then lived had been
used by them for generations.
He (the agent) also reported that he had
made great endeavors and all preparatory arrangements possible to bring these
families, with their flocks and herds, back to the reservation; that it would require time to undertake and
complete a movement of such vital importance to them, otherwise great hardship
would result to them and their flocks and herds; and that even of it should be
determined to bring them within the reservation, the only
practical way in which it could be done would be by extending the
reservation a sufficient distance to provide them all
with lands and water.
Further information having reached this office
concerning probable trouble with the Navajos, it
again instructed the agent on May 22, 1891,
that the non-reservation Navajos who were not bona fide
settlers upon the public domain ought to be required to remove the reservation
and remain thereon.
In his annual report, date August 31, 1891, Agent D.L.
Shipley, of the Navajo Agency, stated that
the Indians were gradually abandoning their old customs; that there was a
marked advancement by them toward civilization; that unless some hidden or
unforeseen influence swerved the Navajos from
their then course, they would continue to grow better; but that much was to be
feared from the encroachments of the white men upon their domain, and that he
would not be surprised if in the time the Nez Perces
and Sioux troubles were repeated on a larger scale with the
Navajos, and that it would require the very best
management in the future to avoid the impending trouble.
On
March 2, 1892, this office made a somewhat
lengthy report to the Department upon the
condition of affairs among the Navajo Indians, and
recommended that a copy of the same be transmitted to the Honorable Secretary of War, in order that he might be
informed of the situation of affairs among the Navajos, as viewed by this office, and in case of any
serious trouble that he might be ready to furnish such military assistance as
might be necessary.
Subsequently this office received, by
Department reference, a report dated
June 16, 1892, from United
States Indian Inspector Arthur M.Tinker, wherein he stated that in
pursuance of instructions contained in departmental communications of
January 6, March 19,
and March 25, 1892, he ascertained, among other
things, that the Navajo Indians found some fault
with Agent Shipley, for the reason that he had talked
too much with them about returning to their reservation
to live; that these people would not return to and live upon the
Navajo Indian Reservation until they were forced to do
so; that a large number of them had never lived upon the reservation; that they were then living where they had lived
for years-upon the public domain; that they had been advised by
former agents, special agents,
and inspectors that they could live where they were
located so long as they desired to do so, as the lands which they occupied were
un-surveyed Government lands, their rights being
equal, under the land laws of the United States, to those
of other settlers.
Inspector Tinker also stated
that from the best and most reliable information he was able to obtain he was
of the opinion that from 15 to 20 per cent of the Navajo
Indians lived off the reservation Indians left
the same; and that as regards the keeping of these Indians on their reservation all the time, he desired to
call attention to the following facts, viz:
At this time the
Navajos are self-supporting; they are all, or
nearly all, herders who own large herds and flocks, and their stock is
increasing all the time. I had a number of talks with several of the leading
men of this tribe,
regarding their return to and living upon their reservation in which they give the following reasons why they
do not remain on the reservation all the time: "A greater
part of the reservation is located in the
mountains which furnish good summer range in places where sufficient water can
be obtained, but a very large portion of it has no water, as this
reservation is poorly watered; in the winter it is very
cold, and the snow falls to such a great depth that the stock can not obtain
either feed or water, and they are obliged to drive their stock to the low
altitude, which is generally off the reservation, as if
they remain in the winter where they have been during the summer their flocks
would perish from cold and lack of feed. The Indians that do not live on the
reservation all the time, when the warmer weather and
grass come, return, and remain until the snow drives them again to the places
off the reservation."
He further stated that the water question was at that time causing
all, or nearly all, or nearly all, the trouble between the Indians and the
white cattlemen, and would continue to cause trouble until that vexed question
was settled. That the Indians had been driven from many of the springs they
once held by the white cattlemen under various pretexts, until at that time
they did not have the amount of water they formerly had; that these Indians
needed, especially if they were to be kept on their reservation, more winter range and a greater water supply;
that he had advised that there was a section of country lying
south and west of the reservation where there were but few, it any, white
men located; that if this, upon proper investigation, should prove to be true,
he would recommend that the limits of this reservation be
extended as follows:
Beginning at the southern line of the present
reservation at Bonita Creek; running south along
Bonita Creek as far as Pueblo
Grande; thence west to the Little Colorado River,
following the river until it empties into the Colorado
River; thence up the Colorado River until it reaches
the present line of the reservation-
With the statement that this extension would give the Indians a good
winter range with plenty of water and a water boundary to a portion of their
reservation; and that with these additional facilities
for water and range, he is of the opinion that the Navajo Indians would not leave their reservation.
This inspector stated that Agent Shipley was
then of the opinion that the reservation was not large
enough to accommodate the Navajos with their vast
and increasing herds and flocks; that he, the agent, had
at various times held councils with the
non-reservation Navajos to try and induce them to
return to and live upon their reservation: that
Mr. Frank Walker, agency interpreter, was also of the
opinion that the Indians could not live and
maintain their flocks in the winter upon their reservation.
The inspector said that he knew from his
observation that the Navajos were making advances
in civilization; that he could see an improvement among them since he was at
the reservation in
1890; that more of them were wearing
citizens' clothes than formerly; that they were rapidly discarding the old
"hogan" and were building good, comfortable houses of wood and stone, making
for themselves permanent homes; that during his stay at the
Navajo Agency a great many Indians asked for and
received from Agent Shipley lumber, doors, windows and
all kind of building material; that they were then building between thirty and
forty new houses, at different points on the reservation,
and from indications many more would be erected before the season was over;
that those who had houses purchased in most cases proper household furniture;
that they were more provident and did not purchase so many useless articles as
formerly with the money received from the sale of their wool; that quite a
large number were fencing in tracts of land where water could be obtained; that
they were constructing ditches and cultivating the soil; that those who had
secured good locations did not move about with their stock as in the past, but
were improving their location, and , like the white man, objected to other
Indians trespassing upon their improvement; that as regards the
Navajos going on the warpath he was inclined to
think there was no immediate danger in that direction; that they certainly
would not unless forced to do so by the white cattlemen and settlers; that they
were well aware that they could not afford to become involved in war, as their
large herbs and other property would in that event be lost; that there some
renegade Indians who lived off the reservation addicted to drinking, gambling,
and stealing anything that they could find; but that the great mass of the
Navajos were quite, honest, and peaceably
inclined, and would never make any trouble unless they were compelled to do so
to protect their rights and property.
THE NAVAJO INDIAN
RESERVATION.
The Navajo Indian Reservation embraces, as
before stated, the north, eastern corner of Arizona, the
adjoining north west corner of New Mexico, and
a strip of the State of Utah lying south of the
San Juan River, and contains about 8,205,440 acres of
land, or about 12,821 square miles.
In his annual report dated
August 31, 1891, Agent D. L. Shipley, of the Navajo
Agency, stated that from a careful census just then completed by the
Census Bureau, the number of
Navajo was found to be 16,102; of whom 9,241 were
then living off the reservation and that together they
owned 9,188 head of cattle, 118,798 horses, and 1,583,754 sheep.
It thus appears that above one-half of the Navajos were then off the reservation, the reason assigned by Agent
Shipley and others, as above indicated, being that there was not
sufficient grass and water on the reservation to supply
their numerous flocks and herds, the exact number of which was somewhat
difficult to determine, for the reason that they were widely scattered.
The Navajo Reservation is an arid region of
broken table-lands and sandy valleys, with a general altitude of from 6,000 to
7,000 feet, there being along the borders of Arizona and New
Mexico ridges of lofty pine covered mountains, with occasional peaks from
10,000 to 11,000 feet in height; rivers flowing through deep impassable gorges,
into which the occasional summer rains are quickly carried by large channels.
With the exception of the San Juan River and two or three
insignificant creeks, the reservation contains no flowing
stream, and of all that vast tract of country not more than one-third is
available for sheep pasture because of the scarcity of water, there being,
according to late Agent Vendever, "only one watering
place within 100 square miles." This, he observes, is the principal reason why
so many members of the Navajo tribe have left the
reservation and made their homes on the
Government lands adjacent to the same.
THE NONRESERVATION
NAVAJOS.
The situation of the nonreservation Navajos
is peculiar one. Many of them have been forced, by a lack of grazing facilities
and water supply, to leave their reservation, while
others have, from choice, settled upon the public domain and endeavored to
establish permanent homes thereon for themselves and families, and some,
perhaps, are pursuing a nomadic life by reason of race proclivities.
The policy of the Government has tended
to encourage the Indians to settle upon the public lands and acquire title to
their homes under the provisions of the homestead laws, the benefits of which
were first extended to them in
1875.
Under the provisions of section 15 of the act approved
March 3, 1875(18 Stat. L., p. 420),
any Indian born in the United States, or who is the head
of a family, or who has arrived at the age of 21 years, and has abandoned, or
may hereafter abandon, his tribal relations, will, upon giving satisfactory
proof of the same, be entitled, under the rules prescribed by his
Department, to the benefits of the homestead act
approved
May 20, 1862 (12 Stat. L., 392), and
the amendments thereto, except as to the provisions of its eight section.
By act of
July 4, 1884(23 Stat. L., 96), it was
provided that any Indians then located on the public domain, or who should
thereafter so locate, might avail themselves of the privileges of the homestead
laws as fully and to the same extent as citizens of the United
States.
Under the fourth section of the general allotment act, approved
February 8, 1887 (24 Stat. L., 388)
as amended by act of
February 28, 1891(26 Stat, L., 794),
nonreservation Indians are entitled to make application
for allotment on the surveyed or unsurveyed lands of the United States, not
otherwise appropriated, under certain restriction and conditions therein set
forth.
As further showing the policy of the Government to encourage the Indians to settle upon
public lands, I have to say that under the provisions of section 13 of the
Sioux act, approved
March 2, 1889(25 Stat. L., 888), any
Indian of the Sioux tribe possessing certain
qualifications and residing upon any portion of the Sioux
ceded lands when the Sioux act took effect is
entitled to an allotment thereon under certain conditions, restrictions, and
limitations therein named.
In this manner it is sought to break up the tribal relations of the
Indians, scatter them upon the public domain, give them homes thereon and title
to the lands covered thereby, merge them into out great and growing population,
and thereby make them good and peaceable citizens.
The nonreservation Navajos have knowledge of
the privileges afforded them under the provisions of the public land laws of
the United States. Many of them have made permanent homes
and locations near springs and watering places, but it appears that white
settlers are crowding upon them, cutting off their ranges for pasture, and in
some instances compelling them to abandon their homes.
Under existing land laws of the United States
they certainly have rights upon the public domain when they have settled
thereon. It is true that settlement upon unsurveyed public lands does not give
the settler thereon any title as against the Government; but his right thereto is paramount to that
of a subsequent settler, and he has the prior right to make entry thereof.
It would seem, therefore, to be an injustice to the bona fide Indian
settler upon the public land to remove him vie et armies from his home and the
improvement thereon to the reservation, without making
suitable provisions first for his needs and wants, and especially for the
reason that the aggressive white man in encroaching upon his
possessions.
By article 9 of the said treaty the Navajo
Indians agreed to relinquish all right to occupy any territory outside of
their reservation as defined by said treaty, retaining,
however, the right to hunt on any contiguous unoccupied lands as long as wild
game should range thereon in such numbers as to justify the chase; and by
article 13 the said Indians agreed to make the reservation their permanent home, and that they would not, as
a tribe, make any permanent settlement elsewhere;
with the further provisions and understanding that if any individual Indian or
Indians should leave the reservation therein described to
settle elsewhere he or they would forfeit all the rights, privileges, and
annuities conferred by the terms of the said treaty of
June 1, 1868(15 Stat. L., 667).
Under a strict construction of the last-named article it would
appear that the Navajo Indians who have
individually left the reservation, with a view to making
their homes elsewhere, have forfeited their rights and privileges thereto.
Should the bona fide Indian settler be allowed to remain upon the
public domain in that section of the country, it is questionable whether it
would be good policy to make allotments 0f 160 acre of land to him, inasmuch as
no considerable amount of stock could exist upon that quantity of land there;
and this is a reason why no definite action has been taken looking to
allotments in severalty to the nonreservation
Navajos.
The question as to whether it would not be better, looking to the
promotion of peace and harmony between the Indians and the whites and for the
better government of the Indians themselves, to confine all the
Navajos within a certain boundary where
encroachments of the whites would be entirely prohibited, was raised and
discussed in report to the Department on
July 21, 1892, with the statement
that the plan might be accomplished in one of two ways:
- First. By extending the southern and western
boundary of the reservation so as to embrace grazing
facilities and water privileges adequate to the needs of all the
Indians of the tribe, including the
nonreservation.
- Second. By establishing a system if irrigation, a
water supply for stock within the reservation as it then
existed, sufficient for the needs of all the Indians of
the tribe, including the nonreservation portion thereof.
The matter of extension and irrigation was discussed in that report
by the commissioner, as follows:
EXTENSION
In view of the present policy of the Government to reduce rather than enlarge
Indian reservations, I am decidedly opposed to any
extension of the reservation whatever, except as a last
resort, and then only when the necessity for such action shall have been
clearly demonstrated and no other course is likely to succeed.
To further extend the reservation boundaries,
already of vast proportions, would tend to encourage and perpetuate the nomadic
habits of a certain portion of the tribe.
The sooner these people attach themselves permanently to some
locality where they can reasonably hope to remain undisturbed in the rapid
settlement of the country by the whites, the better it will be for their
welfare and happiness.
Further extension of the reservation, as
recommended by Inspector Tinker, would embrace therein,
no doubt, many white settlers who have acquired equitable rights to their homes
and who would have to be removed therefrom at, perhaps, much expense and
trouble to the Government, in order to secure
peace upon the reservation.
IRRIGATION AND STOCK WATER
It would seem that instead of enlarging the now extensive
reservation, the construction and maintenance of a
thorough system of irrigation and the development of springs and other sources
of water supply on the present reservation, and the
settlement of the roving Navajos thereon and such of the
bona fide settlers as may be induced to return thereto, would be the most
practical solution of the question under consideration. I am satisfied,
however, that it would be a difficult matter to force them upon the
reservation and keep them there, when with the aid of the
military, and that to do so before a proper supply
of water is obtained would entail great hardships and result in the loss of
much of their stock.
In his annual report dated
August 9, 1889, the then
Navajo agent stated that there were many valleys on the
reservation where storage reservoirs could be constructed
which would hold a sufficient quantity of water to thoroughly irrigate all the
tillable lands in the neighborhood; that should an irrigation system be
constructed the reservation should be divided into four
districts for irrigating purposes, each being placed in charge of a competent
farmer whose duty it should be to instruct and assist the Indians in farming;
that until such a plan as this is adopted and followed irrigation on that
reservation will be a failure, and that such a system in
a few years would enable the Indians to take care of themselves and become
independent of any assistance from the whites.
In this connection it may be proper to state that Lieutenant Stotsenburg, U.S.A., made,
at the request of this office, in
1889, a reconnaissance of the
Navajo Reservation, in Arizona,
Utah, and New Mexico for the
purpose of locating suitable and available places for ditches and reservoirs on
that reservation. His report, submitted at different times during the year
1889, contemplates the construction of or
the repairing of ditches at some nine or ten points on the reservation. He submitted estimates for five points in
Arizona, including the agency at Fort Defiance, and one
place in New Mexico.
The agent in reporting upon these plans and
estimates, under date of
February 8, 1890, concurred in the
recommendation of Lieutenant Stotsenburg, except as to
the expenditure of $6,934.65 for a supply of water at the agency headquarters,
stating that he believed the money could be spent to a better advantage in
providing a never-failing supply of water for irrigation purposes and for the
watering of stock during the dry season. He (the agent) also estimated for an
expenditure of $300 at a spring 30 miles east of Keams
Canyon, apparently undiscovered by Lieutenant
Stotsenburg.
There was then available for the purpose of constructing irrigating
ditches, building dams and storage reservoirs, walling up and inclosing
springs, purchasing and erecting pumps, windmills, etc., about $20,000, to
which reference will hereinafter be made.
I deem it proper here to refer to the statement and recommendation
of Brig. Gen. A. McD. McCook, U.S.A., then commanding the Department of Arizona, as pertinent to this
matter.
On
June 16, 1892, General McCook addressed a letter to this office in
reference to the condition of affairs at the Navajo
Reservation, and submitted for the consideration of this office
recommendations based upon what he deemed an immediate necessity, with a view
to settling the difference between the Navajos and
the whites upon the western, southern, and eastern borders of said
reservation, with the statement that it was reported by
the Navajo agent that 9,000 of these Indians were
without limits of the reservation from necessity; that
they had large herds and flocks; that there was not water or grass within the
official limits of the reservation to maintain them and
give sufficient water even for limited agriculture to the 18,000 Indians said
to constitute the Navajo Nation.
The general's recommendation for a quick
solution of this question was a division of the Navajo
Reservation into six or eight districts; that as many engineering parties
should be sent into the reservation, each party being
assigned to a district, to make a survey and a contour map of the district of
country assigned to it, and to make an early report to this office as to where
artesian wells might be placed, where bore wells worked by windmills might be
placed, or where points in canyons or mountains might be selected with a view
of constructing storage reservoirs for this purpose; that if this surveying and
mapping could not be done otherwise, if approved by the War Department, it would afford him great pleasure to
detail young and efficient officers in the Army to
take charge of these different surveys, each survey being conducted on the same
scale, so that a proper and correct map could be made of the 12,000 square
miles which constitute the Navajo Reservation; and that
if this method were not approved by the Department of
the Interior and War, the reservation line should be extended westward to
the Little Colorado River and continue along that river
to the Utah line.
The General added that it would, in his
judgement, be inhumane to drive the Navajo Indians
with their large flocks back to the Navajo Reservation as
it was then; that should the results of these surveys warrant the same, with
slight expense wells could be bored and water developed, to such an extent on
this reservation as to justify this
Department in requiring the
Navajos, then living outside on the public lands,
to confine themselves and their flocks and herds within the limits of the
reservation then possessed by them.
The Commissioner of Indian Affairs, Hon, T. J.
Morgan, visited the Navajo Reservation in the fall
of
1890 and had a conference with these people
at Fort Defiance, at which the leading men among them
plead with him most earnestly for an extension of the limits of their
reservations did not furnish food and water for their
herds and flicks. The Commissioner was of the opinion
that the testimony of all parties acquainted with the situation was agreed on
this point, so that it should be accepted as established and that it
constituted the pivotal in this entire matter.
In the report to the Department upon
the Navajo situation, under date of
July 21, 1892, General
Morgan, then Commissioner of Indian affairs, made the following
statements, among other things:
The Navajos must live, and they must
be allowed the use of such land as will furnish them a support. They are now
self-supporting, and nothing should be done which would take from them their
means of livelihood and reduce them to the necessity of being supported by the
Government. The most practical scheme that
presents itself to my mind, for relieving the situation is the development of
water by means of common wells, artesian wells, storage reservoirs, and
irrigating ditches. There seems to be a general opinion on the part of those
who have traversed the reservation that this is a
feasible scheme; it appeared to so to me from what I saw on my journey across
from Gallup of Keams Canyon and back. * * * Such a system
of water development will necessarily be somewhat expensive, and should be
undertaken only after careful deliberation and upon the most trustworthily and
scientific information. * * *
General McCook said to me that he would be
very glad, both by reason of his interest in the Navajo
Indiansand his desire to promote their prosperity and to induce them to
return and remain permanently upon their reservation and
thus preserve the peace between them and their white neighbors, as well as for
the purpose of detailing young officers and giving them an opportunity of doing
good work, and also for the purpose of making a display to the
Navajos on all parts of their reservation of a military force
that he would be glad to district the Navajo country into
suitable portions, and to detail from that portion of the work under his
contrail proper officers with suitable accompaniments to thoroughly inspect the
entire region, make a contour of it, and submit a detailed report, touching on
those questions which are essential before entering upon any scheme for the
development of water for supplying their flocks and herds.
If, therefore, this scheme is feasible and desirable to you, I
would respectfully recommend that the plan suggested by General McCook be carried into execution, and that the
matter be laid before the President with a request that
he give the necessary orders therefor.
I beg leave to ask your attention to the fact that the
Senate, by resolution, has instructed it
Committee on Indian Affairs to investigate
Indian matters and to visit such
Indian agencies as they may think best. I would be
glad if the statements here made regarding the Navajos could be laid before the
Senate committee, for the information of its
members, thinking that possibly with this statement of facts before them they
might think it worth while to send at least a subcommittee to the Navajo
Reservation to make such inquiry as would enable them to have a personal
knowledge of the situation. Nothing of course, can be done in the matter
finally without Congressional action appropriating
a sufficient amount of money to carry out whatever scheme may be finally
recommended by this office. A personal knowledge of the situation by members of
the Senate committee would undoubtedly facilitate
the legislation which will be necessary in the future.This office made the
following recommendations pertaining to the Navajo
Reservation to the Department
July 30, 1890, and suggested that the
President give the necessary instructions to carry the
same into effect:
- First. That the Navajo
Reservation be divided, under the direction of the general commanding the Department of
Arizona, into as many districts as he may in his judgement deem expedient,
for the purpose of making a survey and contour map thereof, with a view to
establishing a system of irrigation and developing a water supply thereon
sufficient for the needs of all the Navajos,
together with their flocks and herds.
- Second. That as many officers of proper rank,
the number to be designated by the commanding general,
be detailed from the Army, and one assigned to
each of such districts, to make a preliminary topographical survey thereof, and
to prepare from the results of such survey a contour or topographical map, all
upon the same scale and of similar character, so that a proper and correct map
can be made of that large reservation.
- Third. That the survey be made also with a view
to establishing and maintaining a system of irrigation and developing a stock
water supply sufficient for the Navajo Indians, in
all, some 16,000 or 18,000 and that the irrigating ditches, or canals, dams,
laterals, etc., necessary for irrigation purposesm and the lands to be
irrigated therefrom, be indicated on the proposed maps, together with the
available and suitable places for artesian wells, bore wells to be worked by
windmills, points in canyons or mountains where storage reservoirs may be
constructed, or where springs or other sources of water supply may be
developed.
- Fourth. That an estimate of the cost of
constructing the proposed ditches, dams, laterals, flumes, etc., necessary for
irrigation purposes be submitted in detail; that an estimate of the annual cost
of each artesian well, storage reservoir etc., including machinery and
appliances, be also submitted.
- Fifth. That a full and complete report be made
upon the question of the feasibility of constructing and maintaining a proper
system of irrigation upon the Navajo Reservation, and of
providing a suitable supply of water to meet the want of all the
Navajos now there and of those to be removed
thither, the report to contain, also, any other information or plans necessary
to put into the successful operation the system proposed.
December 20, 1892, the
War Department informed this
Department that the surveys had been made as
recommended, and transmitted the original reports of the
Army officers detailed for the work. The matter
was referred this office for its consideration and report.
February 10, 1893, this office
recommended to the Department that
Congress be asked to appropriate $64,000 for the
purpose of developing a water supply and a system of irrigation on the
Navajo Reservation sufficient to meet the actual and
immediate needs and wants of the Navajo Indians,
upon the general plan submitted by the military
officers.
February 14, 1893, said office
report, together with the reports of officers referred to and accompanying
documents and maps, was transmitted by the President to
Congress. (See Senate
Ex. Doc. No. 68, Fifty-second Congress, second
session.)
Congress appropriated, by a clause
contained in the Indian appropriation act approved, March 3, 1893 (27 Stat. L., 612), $40,000 for the
construction of irrigating ditches and the development of a water supply for
agriculture, stock, and domestic purposes on the Navajo
Reservation. This sum, together with the amount-about $20,000-then
available on the books of this office, appropriated at various times by
Congress for the same purpose, would, it was
thought, enable the Department to develop a
sufficient water supply and establish a system of irrigation on that
reservation which would warrant the return thereto of
roving Navajos and the restraining of those who are in
habit of going beyond its limits to secure water and grass for their flocks and
herds. This alone seemed to be the proper solution of the vexed
Navajo question.
Recommendation was soon made to the Department for the appointment of some
suitable and competent man to superintend the work
proposed.
On
March 10, 1894, a superintendent of irrigation on the Navajo Reservation was appointed, and on the 21st of
that month instruction for his guidance were issued. He soon thereafter entered
upon the discharge of the duties assigned him. The work has been in progress
since that date, but not at all times with the success and economy desired. It
has not as yet reached that stage or degree of completion to determine whether
or not there is water sufficient upon the reservation to justify the return of
the nonreservation Navajos thereto.
CONCLUSION
From the foregoing recital it will be seen that the
Navajo situation is one of difficulty and
perplexity, and that it stands ever threatening the public peace. The
tribe is a powerful one, owning numerous flocks of
sheep and goats and herds of horses. To remove them to the reservation would require the aid of the
military and its continued presence to keep them
thereon; and to force them and their stock upon the reservation with out sufficient water and grass for the
latter would be cruel, unjust, and inhuman. Their stock would perish for want
of food and water, and the Indians themselves, who are now self-supporting,
would be reduced to want and suffering and to the necessity of support at
public expense to save them from starvation.
I deem it wise and best to continue the present plan of developing a
water supply and constructing irrigation ditches until it can be determined
whether water enough can be had to supply their needs and the reservation rendered capable of sustaining these Indians
and
their stock. To continue the prosecution of this plan will require further
appropriation by Congress, and the sum should be
sufficient to enable the Department to enlarge and
extend the present system, say, not less than $25,000 for the next fiscal
year.
With this recital and discussion of the matter, I return herewith
the said resolution, and incolse a copy of this report.
Very respectfully, your obedient servant,
THOS. P. SMITH, Acting Commissioner
The Honorable
the SECRETARY OF THE INTERIOR.
H. Doc. 310-2
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