Page:Speeches, correspondence and political papers of Carl Schurz, Volume 3.djvu/531

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1880]
Carl Schurz
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in the possessions which they are to have is equally untrue, for you will see that they will hold their lands in fee simple and receive from the United States individually a United States patent just like any white man. You will further see that their land is to be inalienable for twenty-five years and exempt from taxation and execution; and further that the courts are to be open to them, as they are open to any white citizen. The provision concerning their admission to citizenship, which I had put in the bill, was stricken out by the Senate Committee; but we are going to have a general bill making provision in that respect.

Thus you will see that the strictures of the Telegraph are utterly unjust and have not the least foundation in fact.

The Telegraph further says that I have been hotly contesting the admission of the Indians to the protection of the courts, and that I have been throwing every obstacle in the way of the friends of the Indians, who wished the decision of Judge Dundy confirmed by the Supreme Court. This is equally untrue, for I recognized the decision of Judge Dundy myself as good and did not contest it at all. So it stands in full force unquestioned by this Department.

In the second place, I did not contest the right of the Indian to go into court, but simply showed that as the law now stands an Indian tribe has no standing in court according to the decision of the Supreme Court. This is a matter of fact which nobody questions. But what I did do is to have introduced in Congress more than one legislative provision for the opening of the courts to the Indians just as they are opened to the whites.

Thus you will see that the article of the Telegraph is based on untruth from beginning to end, and that what has been done for the Utes is not only saving them from utter destruction but giving them ample provision and protection as far as the law can give it for the future.