The Writings of Carl Schurz/To Mrs. Helen Jackson, January 26th, 1880

TO MRS. HELEN JACKSON

Washington, D. C., Jan. 26, 1880.

In reply to your letter of the 22d instant, I beg leave to say that if an Indian tribe could maintain an action in the courts of the United States to assert its rights, I should object to it just as little as I would object to the exercise of the same privilege on the part of white men. What I do object to is the collection of money from philanthropic and public-spirited persons, ostensibly for the benefit of the Indians, but in fact for the benefit of attorneys and others who are to be paid for again testing a question which has been tested more than once, and has been decided by the Supreme Court so clearly and comprehensively that further testing seems utterly futile. You say that there are lawyers of skill and standing ready to undertake the case. Of course there are such. You can find lawyers of skill and standing to undertake for a good fee any case, however hopeless: that is their business. But I am by no means of your opinion that, whether it be futile or not, the experiment should be tried once more, and for this purpose the collection of money should be further encouraged. It cannot be said in this case that if the attempt will not help it will not hurt. There seems to be now a genuine and active interest in the Indian question springing up. Many sincere friends of the Indians are willing to spend time and money for the promotion of their welfare. Such a movement can do great good if wisely guided in the direction of attainable objects; but if it be so conducted that it can result only in putting money into the pockets of private individuals, without any benefit to the Indians, the collapse will be as hurtful as it seems to be inevitable. It will not only be apt to end a movement which, if well directed, might have become very useful, but it will also deter the sincere friends of the Indians who contributed their means in the hope of accomplishing something from further efforts of that kind, so that we may find it very difficult, for a long time at least, to engage this active sympathy again. Confidence once abused does not revive very quickly. This is my view of the case. You ask me “how it would be possible to take money given by thousands of people for one specific purpose, and use it for another and different purpose,” meaning the support of Indian schools. It would, in my opinion, be far better to lay the matter in its true aspect frankly before the contributors, and to ask them for their consent to the change of purpose, than to throw away the money for a purpose which cannot be accomplished.

In reply to your inquiry whether any bill has been brought before Congress providing for the settlement of the Indians in severalty, and for conferring upon the individual title in fee-simple to the lands allotted to them, I am glad to say that several bills of this kind have been introduced in both the Senate and the House, and are now before the respective Committees on Indian Affairs for consideration. If such a bill passes, of which there is great hope, the Indian, having a fee title by patent to the piece of land which he individually, not as a member of a tribe, holds as his own, will stand in the eye of the law just like any other owner of property in his individual right, and, as a matter of course, will have the same standing in court. This will do more in securing the Indian in the practical enjoyment of his property than anything else I can think of, and it has long been my endeavor to bring about just this result. I trust we shall obtain the desired legislation during the present session of Congress.