while doing so, protects them from Indians. The miners return as soon as the military surveillance is withdrawn, and the same steps are taken again and again. Some of the miners have brought suits against the military officers for false imprisonment, and much embarrassment to both the Army and the Interior Department is the result.
The preliminary report of Professor Jenney, which accompanies the report of the Indian Commissioner, in regard to the geological arid agricultural wealth of the Black Hills, indicates clearly the great temptation held out to emigrants and miners to occupy that country, and will greatly enhance the difficulties which have already surrounded the question of protecting the Sioux in their treaty-rights to that territory. The opening of the next summer season will undoubtedly witness a great increase of emigration thither, and the question urges itself upon the attention of the Department and of Congress for early solution.
It is true that the Indians occupy that reservation under the provisons of a treaty with the United States. It is also true, as a general proposition, that treaties should be maintained inviolate, and the Indians protected in their rights thereunder. But for two years the Government has been appropriating about one and one-quarter millions of dollars for the subsistence of the Sioux of various tribes, which amount is a gratuity that the Government is under no legal obligation to give them, and for which it receives no compensating advantage. The amount thus appropriated is 5 per cent. per annum of $25,000,000, which the Government is giving without an equivalent. This amount must be annually given them for some years to come, or they will starve. It is submitted, therefore, under these circumstances, for the consideration of Congress, whether it would not be justifiable and proper to make future appropriations for supplies to this people contingent on their relinquishment of the gold-fields in the Black Hills, and the right of way thereto.
The suggestions of the Commissioner in regard to Indian civilization, the modification of the homestead laws for the benefit of the Indians, and turning over the Indians in the States of New York, Michigan, Wisconsin, and a portion of those in Minnesota to the control of the States in which they live, are deserving of the careful attention of Congress, as being steps in advance upon the question of Iudian management. His remarks upon the necessity of law for the punishment and protection of the Indians are also of importance, as tending in the same direction.
The condition of the Indian Territory south of Kansas has not changed during the year, and will not materially change for the better until some steps are taken to give its inhabitants a more efficient government. The necessity for the establishment of courts of justice therein for the trial of all offenses against persons or property becomes more pressing year by year, and the whole question of legislating for that territory is respectfully but urgently pressed upon the attention of Congress. I
