F
6 73
19 /9
Official Record
of Indian Conference
at Syracuse
March 6 and j, 1919
OFFICIAL RECORD
OF
Indian Conference
Called to Determine the Status of the Indians of the
Six Nations on the Indian Reservations of the
State of New York, and Their Relations to
the Federal and State Governments
Held in the Assembly Hall of the Onondaga Historical
Association at Syracuse, N. Y., March 6 and 7,
1919, under the Auspices of the Syracuse
Chamber of Commerce, the Indian Wel-
fare Society, and the Onondaga
Historical Association
1919
ERRATA
On Page 4 — The name should be lion. Ai-thur C. Parker,
State Archeologist,
Page 5 — Third line should be Onondaga Historical As-
.~:ociation.
Page 31 — Twenty-third line should read "pov.^er to in-
struct them in the higher ideals, etc."
Page 52 — Presiding officer at the luncheon should be Dy.
John A. Mathews.
THE ONONDAGA HISTORICAL ASSOCIATION 8
PROGRAMME
THURSDAY, MARCH 6TH
10 A. M.
Call to Order _._ _..H0N. J. T. Roberts, Chairman
Election of Officers
Invocation _ „ Rev. Louis Bruce
St. Regis Indian Mission
Reply ^ Hon. Walter R. Stone
Mayor of Syracuse
Reply „ - Hon. Cato Sells
U. S. Indian Commissioner
Reply _ _ _ _Hon. Alfred E. Smith
Governor of New York
Historical Review Rev. W. M. Beauchamp, D.D., S.T.D.
TOPICS
"The Legal Status of the New York Indians" _
Hon. a. F. Jenks
Deputy Attorney General
2 P. M.
"Health and Sanitation on the Reservation"
Dr. Frederick W. Sears
Sanitary Supervisor, State Department of Health
"Value of Vital Statistics to Our Problem" _
Dr. Otto Eichel
Director Vital Statistics, State Department of Health
"Indian Schools and Their Administration" A. C. HiLh,
"Indian Schools and Their Administration"
A. C. Hill, Ph.D.
Supervisor of Indian Schools, State Department of
Education
8 to 10 P. M.
Reception by Onondaga Historical Association at their
building to Conference.
OFFICIAL RECORD OF INDIAN CONFERENCE
FRIDAY, MARCH 7TH
10 A. M.
"Poor and Indig-ent Indians" Dr. Robert W. Hill
Superintendent State and Alian Poor, State Board of
Charities
"Law Enforcement in Indian Country"
Major George M. Chandler
Superintendent N. Y. State Troopers
"Legislation, What and How ?"
Hon. Arthur C. Parner
State Archaeologist
President Society American Indians
2 P. M.
Reports, Resolutions and Adoption of Platform.
The Library of the Court of Appeals and the Public
Library will furnish literature on request.
5,825 Indians on 87,327 acres on Allegany, Cattaraugus,
Onondaga, Oneida, Tonawanda, Tuscarora and Shinnecock
reservations.
Confederation of the Six Nations founded at Onondaga
about 1550 A. D.
THE ONONDAGA HISTORICAL ASSOCIATION
ONONDAGA INDIAN WELFARE SOCIETY
Dr. Erl a. Bates, President
ONONDAGA INDIAN WELFARE SOCIETY
George G. Fryer, President
SYRACUSE CHAMBER OF COMMERCE
John A. Matthews, President
GENERAL COMMITTEE
Hon. John T. Roberts, Chairman
Mr. Erwin G. Nichols, Secretary
Mr. Henry D. Nottingham
Hon. John R. Clancy
Dr. Frederick W. Sears
Hon. George M. Haight
Mr. Joseph A. Griffin
Mr. Ross C. Worker
Dr. W. G. Hinsdale
Rev. Dr. W. M. Beauchamp
Mr. W. D. Horstman
Mr. Proctor C. Welch
Mr. L. G. Abbott
Mr. Joseph Wittner
Mr. Frederick B. Norton
THE ONONDAGA HISTORICAL ASSOCIATION
THE DELEGATES AND MEMBERS OF THE
CONFERENCE
Hon. Cato Sells, U. S. Indian Commissioner, Washington, D. C.
John R. T. Reeves, U. S. Bureau Indian Affairs, Washington. D. C.
George H. Ansley, U. S. Bureau Indian Affairs, Salamanca, N. Y.
Hon. Malcolm McDowell, U. S. Board Indian Commissioners, Wash-
ington, D. C.
Rev. Dr. W. M. Ketcham, U. S. Board Indian Commissioners, Wash-
ington, D. C.
Hon. Alfred E. Smith, Governor of New York, Albany, N. Y.
Hon. Harry C. Walker, Lt.-Governor of New York, Albany, N. Y.
Hon. A. F. Jenks, Deputy Attorney-General, N. Y State, Albany, N. Y.
Hon. Matthias Nicol, Jr., Deputy Commissioner, State Dept of Health,
Albany, N. Y.
Dr. Otto Eichel, Director Bureau Vital Statistics, State Dept. of
Health. Albany, N. Y.
Dr. Palmer R. Bowditch. Director Rural Hygiene, State Dept. of
Health. Albany, N. Y.
Dr. Frederick W. Sears, State Sanitary Supervisor, State Dept. of
Health, Syracuse, N. Y.
Dr. A. C. Hill, Director Indian Schools, State Dept. of Education,
Albany, N. Y.
Arthur C. Parker, State Archaeologist, State Dept. of Education,
Albany, N. Y.
Hon. Ceylon H. Lewis, State Board of Charities, Syracuse, N. Y.
Dr. Robert W. Hill, Supt. State and Alien Poor, State Board of
Charities, Albany N. Y.
Henry D. Nottingham, State Board of Charities, Syracuse, N. Y.
Major Geo. M. Chandler. Supt. N. Y. State Troopers, Albany, N. Y.
H. M. Phillips. State Dept. of Education, Onondaga. N. Y.
V. S. Ellis. State Dept. of Education, Hogansburg, N. Y
Miss Elizabeth Finnegan, State Dept. of Health, Albany, N. Y.
Dr. James Sullivan. State Historian. Albany, N. Y.
Ge«rge Thomas, Head Chief Six Nations, Onondaga.
William C. Hoag, President Seneca Nation, Allegany Reservation.
AJex Burning, Head Chief Oneidas, Five Chimney Reservation.
Uley Pierce, Chief Cayugas, Onondaga Reservation.
Tom Curlyhead, Head Chief St.Regis-Mohawks, St. Regis Reservation.
Andrew Gibson, Head Chief Onondagas, Onondaga Reservation.
Jesse Lyon, Clerk Onondaga Nation, Onondaga Reservation.
Robert Martin, Chief Senecas, Tonawanda Reservation.
Walter Kennedy, Clerk Seneca Nation. Cattaraugus Reservation.
F. L. Pattison, Chief Senecas, Allegany Reservation.
Jonas Crouse, Chief Senecas, Tonawanda Reservation.
Jairus Pierce, Chief Onondagas, Onondaga Reservation.
8 OFFICIAL RECORD OF INDIAN CONFERENCE
Marshal John, Chief Oneidas, Oneida Reservation.
William Rockwell, Chief Oneidas, Oneida Reservation.
Albert Schenandoah, Chief Oneidas, Oneida Reservation.
Chapman Schenandoah, Chief Oneidas, Onondaga Reservation.
James Jemison, Chief Tuscaroras, Tuscarora Reservation.
William Johnson, Head Chief Tuscaroras, Tuscarora Reservation.
Edgar H. Rickard, Clerk Tuscaroras, Tuscarora Reservation.
George Van Every, Jr., Chief Onondagas, Onondaga Reservation.
Frank Terrance, Chief St. Regis-Mohawks, St. Regis Reservation.
Moses White, Chief St. Regis-Mohawks, St. Regis Reservation.
Julius Hearn, Chief St. Regis-Mohawks, St. Regis Reservation.
Nicodemus Billy, Chief Tuscaroras, Tonawanda Reservation.
Lyman War Eagle, Chief Stockbridge, Oneida. Wisconsin.
Isaac Waterman, Chief Stockbridge, Onondaga Reservation.
Rev. Louis Bruce, St. Regis-Mohawk. St. Regis Reservation.
Moses Logan, Chief Onondagas, Onondaga Reservation.
Emmet Lyon. Chief Onondagas, Onondaga Reservation.
Rufus Johnson, Chief Shinnicocks, Shinnicock Reservation.
Livingston Crouse, Onondagas, Onondaga Reservation.
Edward M. Wistar, Society of Friends, Tunnassa Quaker School,
Philadelphia, Pa.
S. M. Brosius, Indian Rights Assn., Washington, D. C.
Hon. John R. Clancy, Chamber of Commerce, Syracuse, N. Y.
Hon. Thomas W. Meacham, American Scenic and Historic Preservation
Society, New York.
Dr. George F. Kunz, American Scenic and Historic Preservation
Society, New York.
George G. Fryer, Onondaga Historical Assn., Syracuse.
Rev. Dr. W. M. Beauchamp, Onondaga Historical Assn., Syracuse.
Hon. John T. Roberts, Indian Welfare Society, Syrause.
Erwin G. Nichols, Indian Welfare Society, Syracuse.
Dr. Erl. A. Bates, Indian Welfare Society, Syracuse.
George N. Cheney, Librarian Court of Appeals, Syracuse.
Dr. P. M. Paine, Librarian Public Library, Syracuse.
Dr. John A. Matthews, Chamber of Commerce, Syracuse.
Miss Hatch, R. N., Director Visiting Nurse Assn., Syracuse.
Dr. W. G. Hinsdale, Indian Welfare Society, Syracuse.
Mrs. L. L. Groodrich, Onondaga Historical Assn., Syracuse.
Mi8s Irene E. Bockerr, Official Stenographer, Syracuse.
THE ONONDAGA HISTORICAL ASSOCIATION
PROCEEDINGS
The official Conference for the Consideration of the Rela-
tions of the New York Indians and the State and Federal
Governments.
CALL TO ORDER.
Hon. John T. Roberts.
"Rev. Louis Bruce, a Mohawk Indian and pastor of the
St. Regis Mission will now deliver the invocation."
By Hon. John T. Roberts '"
"I have been commissioned to call into session you, who
sit around this table, in a conference for the consideration
of the relations between the New York Indians and our
State and Federal Governments. The wording of this title
would indicate to you that I have pretty closely reached the
purpose of the scope of the deliveries.
"This is no peace conference. There has been no war.
That was taken care of long ago. We have lived for nearly
two hundred years in the neighborhood with our original
Americans without any fighting and we do not expect any
break now, but we hold that our Indian neighbors are not
receiving the full measure of benefit that they are entitled
to. The benefits of solution have been too limited. There
has been a misunderstanding as to our relationship. We
have sometimes been uncertain as to what claim of citizen-
ship we should assume in coming together, whether citizen-
ship of the State of New York or the Federal Government.
One of the purposes of this conference is to decide that
uncertainty.
"We do not propose in this conference to travel very much
in the shady past, except as it is necessary in the solution
of the main question to get at the bottom of things. It is a
question of the presnet and the future we are to consider
today. In looking about and seeking to benefit our reserva-
tion people we have kept our ears open. We have developed
a large listening capacity. We have turned tale-bearer and
we are now messengers to consider things that have been
talked about in the State in years past
10 OFFICIAL RECORD OF INDIAN CONFERENCE
"Associated with us as an Indian Welfare Society are the
Sjrracuse Chamber of Commerce, a very active and generous
body in our City Government and society, whose guest we
are to be at the lunch hour, — and the Onondaga Historical
Association, under whose house-roof we are assembled; a
society which bears the honored name of "Onondaga."
"It is my pleasure now to select from your number a pre-
siding member."
Accordingly it was moved that Dr. Erl A. Bates be se-
lected permanent chairman of this meeting. Which motion
was duly seconded and unanimously carried.
Dr. Erl A. Bates, President of the Onondaga Indian Wel-
fare Society: —
"I do not believe that the honor of being a presiding officer
of this character should come to a person outside of the con-
ference, but it seems to be the opinion of the various mem-
bers of the conference here interested. Inasmuch as the
presiding officer is not supposed to do very much, I appre-
ciate the honor and feel that the honor, however, belongs to
my friends here in Syracuse, — the Indian Welfare Society,
Onondaga Historical Association and Chamber of
Commerce.
"We have gathered together here for a talk principally
to secure justice for the Indians, opportunity for his chil-
dren, and especially want to, if we possibly can, settle the
means of dispute in the situation relative to the New York
State Indians.
"As you know, the Twenty-seventh Division is about to
land in New York City, or at least a portion of it, including
a number of our local boys ; the Mayor, although he had been
planning to come here for at least a week back, felt that his
first duty was to the boys from 'over there,' and so he has
asked Stewart Hancock to come here and speak in his placce.
It is my pleasure to introduce to you, the Corporation Coun-
sel of the city, Mr. Hancock."
Stewart Hancock: —
"Mr. Chairman, Delegates and Friends: I am sure that
Mayor Stone regrets his inability to be here at this time.
Few do not know, but I know from observation, that some
mayors have a habit of always being absent on an occasion
THE ONOI>n)AGA HISTORICAL ASSOCIATION U
similar to this, but our present Mayor, I think, has cheer-
fully done all he can to maintain the reputation of the City
of Syracuse for hospitality and, I believe, he has never
failed to be present when we have invited guests and dele-
gates in our city when it was possible for him to get there.
The Mayor has very great respect for the Chairman of this
gathering and I am sure it would have given him pleasure
to have been here, and personally I am sorry that he is not.
"While the Mayor is in New York for the purpose of wel-
coming the 'Mauretania' and those boys who went from
Syracuse across the water and who fought in our name for
this country, I, as his representative, am here to wish you
a very sincere and heaiiy welcome.
"I think that as now the United States is undertaking to
carry throughout the world liberty, justice and democracy,
it is about time we practiced similar dealing with our own
neighbors and citizens right here in our mdst. We cannot
very well undertake to establsh over the whole civilized
world justice and fair play and not do the same thing to-
wards the Indians, the original owners of this continent,
and who, if any persons, are entitled to the pleasure of our
civilization and our form of Government.
"I understand from your Chairman and the gentlemen
present that it is the intention of this conference to let the
past bury the past and deal with the present and the spirit
of humanity that seems to be actuating the whole world.
"It goes without saying that the people of Syracuse
esteem it a great honor and privilege that this conference
should be held here. All that the administration of the City
Government can do we are willing to do. All in this city
once belonged to the Indians. I give you this City for the
two days you are here and only wish I could do more. If
there is anything we can do for you we will be very glad to
do it, and in the meantime, the liberties and privileges of
this City are yours and we will be veiy glad to co-operate
^th you, and we hope if it is necessary to have a further
conference (if you cannot settle everything at this confer-
ence) that you will choose Syracuse for your session,"
John R. T. Reeves, Representing U. S. Bureau of Indian
Affairs : —
"In behalf of the Indians, I speak for the United States
12 OFFICIAL RECORD OF INDIAN CONFERENCE
Indian Commissioner, Mr. Cato Sells, that it is a matter of
personal regret to him that he is unable to be here this
morninp:. He is deeply interested in the Indian question.
Largely it is a question west of the Mississippi Rver. The
problem you have in this State is very interesting and it is
also complicated and for that reason it is doubly interesting.
It is different from any of the average Indian problems with
which this office is confronted. Ninety-nine per cent of the
Indian business lies with the large tribes in the West. It
involves many millions of dollars and the receipts connected
are very great.
"I am sure if the Commissioner could have seen his way
clear to come he would be present. In his behalf I speak
his regrets of not being able to attend and assure you of
his i^cep regret at not being present at this conference, hav-
ing for its purpose some effective working out of the situa-
tion that has existed in your State for about a hundred years
and which should have been straightened out fifty or
seventy-five years ago ; and I earnestly hope that this meet-
ing will result in some effective solution that will be essen-
tial to the State and also to the Indians in the State of New
York.
"I appreciate the invitation of the City of Syracuse
through Mr. Hancock, which I accept, and I desire to say
that I am cheerfully anxious to do anjrthing in my power to
further the motives for which we are gathered here together
this morning."
Dr. Erl a. Bates, the Chairman : —
"The welcome side has been expressed by Mr. Hancock,
and I hope you will all feel that you have friends here and
make yourself at home. It has been felt by the committee
in charge of the programme that we are very fortunate to
have the foremost authority on the history of the Iroquois
here this morning, and I have the pleasure to introduce Rev.
Dr. W. M. Beauchamp."
Rev. Dr. W. M. Beauchawp: —
"The first settlers in New York were not the Iroquois.
When they came they drove out or destroyed those who pre-
ceded them as far as they could. Their title was that of
conquest, largely within the historic period, for the League
THE ONONDAGA HISTORICAL ASSOCIATION 13
came late in the Sixteenth Century. The first simple treaty
with the United States after the Revolution seems based on
this. They had risked all on war. They were vanquished
and at the mercy of the victors. They could still fight on,
but saw but one result, and did the best they could. That
they were not pleased was natural.
"The speech of Cornplanter to Washin^on in 1790 shows
the Indian feeling- of that day : —
'"When your army entered the country of the Six
Nations v:e called you the Town Destroyer, and, to
this day, when that name is heard, our women look
behind them and turn pale, and our children cling
close to the necks of their mothers. Our counsellors
and warriors are men and cannot fear, but their
hearts are grieved on account of our women and
children.
'When you gave us peace we called you Father, be-
cause you then promised to secure us the possession
of our lands. Do this, and so long as the land shall
remain, th-^t beloved name shall live in the heart of
every Seneca.'
"The President is still called the Destroyer of Towns.
"Great Britain left the Indians to shift for themselves,
and their lot seemed hard. Cornplanter continued :
'When our chiefs returned from the treaty at Fort
Stanwix and laid before our council what had been
done there, our nation was surprised to hear what
a great country you had compelled them to give up
to you. We asked each other, "What have we done
to deserve such severe chastisement?" It was sur-
rendered as the price of that peace, and we ought
now to have peace and the little land you have
left us.'
"The Iroquois were a warlike people and proud of their
deeds. In a treaty for some of their Virginia lands in 1744,
Tokanontie, the Black Prince of the Onondagas, said, 'We
have the right of conquest, a right too dearly purchased and
which cost us too much blood to give up without any reason
at all." Four Indian Nations, he said, had recently felt the
effects of their conquests and their lands were at their dis-
posal. These, and these only, were the lands taken from
them by the United States.
li OFFICIAL RECORD OF INDIAN CONFERENCE
"I have never known anyone to ask what was that little
land left to the Knosioni. It was all the land between the
old line of property at Fort Stanwix on the east and Buffalo
on the west; far exceeding their possession in early days.
East of Buffalo their lands were still theirs until sold.
"Cornplanter went on to justify the law of force, although
disliking its recent application.
" 'Many nations,' he said, 'inhabited this country, but they
had no wisdom, and, therefore, they warred together. The
Six Nations were powerful, and compelled them to dwell in
peace. The lands for a great extent were given up to the
Six Nations, but the people who dwelt upon them were not
destroyed. They were permitted to continue on these
lands.'
"This is the first mention of a League of Nations to en-
force peace, but it seems of a German kind.
"Grievances were mentioned, and they always had been
great. His conclusion is very fine: —
'Father, these are very great things to us. We
have felt your power and know that you are very
strong. We have heard that you were wise and we
now wait your answer to what we have said, that
we may see if you are just.'
"It was well said. That is a reputation worth having, at
home or abroad, and generally our dealings with the Kono-
sioni have been wise, and often more than just — ^they have
been generous. To promote Indian welfare we are here
today.
"In colonial days the Iroquois dealt with two or three
great nations, — France, on the one side; Great Britain on
the other side, as successor to the Netherlands. The French
took what land they wanted, without hesitation. The Eng-
Isi h ndatDouhcbug
lish and Dutch bought lands at what now seems a nominal
price. Who made thelands valuable?
"The later conquests of the Konosioni brought out new
features. At first their possessions had been in New York.
Then they conquered old enemies in Pennsylvania and else-
where, held their lands, placed other tribes wherever they
chose and removed them at pleasure, made treaties with
Pannsylvania as well as New York, and sold lands there,
regardless of early occupants or their wishees.
THE ONONDAGA HISTORICAL ASSOCIATION 16
"After the French war ended, the Senecas joined Pontiac
in his great plot. They were defeated, had fair terms, but
gave up freely important lands along the Niagara River.
They had gained these in war. They lost them in the same
way.
"Discontentment, however, increased, and in 1768 there
came the famous treaty of Fort Stanwix, where the 'line of
property' was established, — a definite boundary between the
colonists and the Indians. As this line passed through New
York and Pennsylvania and along the Ohio in Virginia, sev-
eral colonial governors and agents attended, but the head
chiefs of each of the Six Nations were the only Indian sign-
ers. EveryAvhere they owned the land.
"This was the situation at the close of the Revolution.
Except a part of the Oneidas and Tuscaroras, the Iroquois
had taken sides with Great Britain, been driven from their
homes, and were grouped, for the most part, in the vicinity
of the Niagara River. Some Onondagas had returned, but
fheir council-house was at Buffalo Creek. In this way they
were at a disadvantage.
"Who represent the Iroquois Nation at a treaty? In the
Grand Council of the Five Nations the Onondagas have
fourteen principal chiefs, with one vote; while eight prin-
cipal chiefs of the more numerous Senecas have the same.
These are hereditary, taken from special clans being un-
equally distributed, some clans having none of these chiefs.
"The head woman of the clans usually nominates, so that
part is practically an oligarchy. Wisely, however, a son
never succeeds his father as a principal chief, being of a dif-
ferent clan. The other chiefs install the nominees at the
condolence, the Elder or Younger Brothers acting for the
mourning nations. These chiefs may be deposed on peti-
tion of the women.
"There are alyso Pine Tree Chiefs who cannot be deposed.
Their office comes from goodness or wisdom. Their roots
are in heaven. Beside these are many war chiefs, and in
1839 the Senecas alone had ninetj^-two of all classes. To
distinguish them the principal chiefs are often called
"sachems," an Algonquin name which no Iroquois could
pronounce.
"The warriors, as defenders of the land, have something
to say, and another feature of land treaties is the presence
16 OFFICIAL RECORD OF INDIAN CONFERENCE
and assent, expressed or implied, of two governesses for the
women of each nation. As cultivators of the land their
ownership of the land ranks highest of all.
"While partially aristocratic, the Indian treaty-making
powers seem reasonably democratic. (I am sometimes sur-
prised when a test is applied.)
"In a speech in the United States Senate in 1840, Mr.
Sevier spoke of three Federal treaties : that of 1784, treat-
ing of relinquishment of territory and defining the bound-
oary; that of 1789, about the same, and that of 1784, in
which each of the Six Nations was separately p;uaranteed
right, title, possession and enjoyment of their reservations;
right to dispose of them wholy or in part to any citizen or
citizens of the United States, the Indians agreeing never
to claim lands elsewhere. In 1797, 1802 and 1823, permis-
sion was given to transfer Seneca lands, not by treaty, but
by ordinary deeds. The treaty of '38, on which he was
speaking, was directed by a United States Commissioner,
and attended by a New York Indian agent. It was not
faultless. The treaty of 1794 related mainly to the Oneidas,
Onondagas and Cayugas, the Senecas having special feat-
ures. The Mohawks had gone to Canada, and the Tusca-
roras never had the same standing as the others. The
Konosioni were the original house, as the name implies —
the Tuscaroras an addition like the wood-house.
"It was then said of the reservations, 'The United States
will never claim the same, nor disturb them or either of the
Six Nations, nor their Indian friends residing thereon and
united with them, in the free use and enjoyment thereof,
but the said reservations shall remain theirs until they
choose to sell the same to the people of the United States,
who have the power to purchase.'
"This means is Federal control, and in an opinion on
State control of the Onondagas, 1914, it is said, 'The fact
remains, however, that Congress has always asserted and
exercised the right to legislate in all Indian affairs, and its
power to do so has been upheld by the Supreme Court.'
"I think this is clear, but there has been a practical con-
cession of power to the State, in accordance with early
practice, as being wisest, easiest and best for all.
"Thus the New York Land Commissioners hear and de-
termine questions of money or Indian land. Prior to 1892
THE ONONDAGA HISTORICAL ASSOCIATION 17
the Governor's consent was necessary for some acts of the
Commissioners, but now they have fuller jurisdiction. They
may receive trust fnuds for any nation, tribe or band of
Indians here.
"In an opinion in 1914, it was said that 'the United States
has never enacted by its Congress any statute, or given out
any decision by its courts, in opposition to the right of the
State of New York to exercise its sovreignty over Indian
lands/
"In 1915 this was more fully stated. 'Over thirty treaties
have been made by the State with the Six Nations without
the supervision or control of the general government. Our
courts have assumed criminal jurisdiction over them. Our
Legislature has asserted its right so to do. And this juris-
diction has been mentioned by the Supreme Court of the
United States without disapproval. Act after act has been
passed regulating the affairs of the Onondagas.'
"There is practical harmony here. The general govern-
ment is perfectly willing the State should do the work, as
long as we can do it better than it can be done at Washing-
ton. Just think of Congress bothering with the little Onon-
daga Reservation when it has the affairs of 'the greatest
nation in all creation' on its hands, not to say those of the
world.
"Now comes the legal position of the Iroquois themselves.
State control was thus legally defined in 1902: 'The sov-
ereignty of the State attaches to and governs every foot of
the soil comprised within the reservations. When the In-
dians assert any particular rights or privileges, they must
find authority for them in the legislation and laws of the
State, and not by reason of their peculir customs and tribal
existence from immemorial tim.es. Such sovereignty as they
formerly possessed, it may be safely asserted, has at this
time been merged and lost in the greater sovereignty of
the State under which they live.'
"An opinion of 1914 is not so positive: 'They are the
wards of the State— not of the United States— subject to
such supervision and authority on the part of the State, as
the public policy of the State anl the Onondagas demand.
Its position is something less than that of an independent
nation. It is dependent on the State, as it always has been,
18 OFFICIAL RECORD OF INDIAN CONFERENCE
and as a dependent and subject nation is subject to cer-
tain powers of supervision and control.'
"There is a fuller definition of subject nations, in a de-
cision on the civilized Cherokees in 1899 : 'They were and
always have been regarded as having a semi-independent
position, when they preserved their tribal relations; not as
states, not as nations, not as possessed of the full attributes
of sovereignty, but as a separate people, with the poAver
of regulating their internal and social relations, and, there-
fore, not brought under the laws of the Union or of the
State within whose limits they reside.'
"This is the usual view of the Onondagas here. I briefly
state v/hat is voluntarily done for them,
"There is an Indian agent here appointed by the State,
with a small salary, who has charge of cash annuities and
regulates timber-cutting and leases. Stone-quarries may be
leased with his -v^Titten approval, and he sees to the contract
and is a general adviser.
"Our supervisors annually employ a physician who is paid
by the county, the account being charged to the State, who
is now doing a larger work.
"There are laws for the helpless poor and for the insane,
on the selling of liquors, and ample provision for education.
Intrusion is guarded against, and residence of white men
requires a license. Highways may be laid out, subject to
reasonable rules. Mutual advantage is kept in view, but
Indian welfare is our higher aim. Tribal lands are not
taxed and cannot be sold or alloted except 'by the act of its
Indian government,' nor can they be encumbered or alian-
ated, when partitioned, under twenty years.
"In the Thacher case, when the question arose of bringing
a civil case into a white man's court, it was ruled that, To
hold that an Indian is to be denied full and free access to
our courts for the protection of his rights and the redress
of his wronps would be a monstrous denial of justice, par-
ticularly where the State has provided no special tribunal
of its own for the settlement of such matter.' Yet no white
man can sue an Onondaga for breach of contract.
"Marriage and divorce are still regulated by Onondaga
custom.
"On all reservations unoccupied land may be alloted to
seekers by the chiefs, and undisturbed possession follows,.
THE ONONDAGA HISTORICAL ASSOCIATION 19
with power of transfer to other Indians. A verbal bargain
suffices. Of course this is not a sale of the land absolutely,
for the undivided title remains in the nation.
"I omit the question of peace-makers and other things
affecting the Senecas.
"The committee on the Indian problem reporting in 1889
to the Nev/ York State Assembly, adviesed four things : —
1. That a compulsory attendance school law
should be enacted.
2. That the claims on Seneca and Tuscarora lands
should be extinguished by the State.
4. That reservation lands should be alloted to
members of the tribe and the tribal system abolished.
4. That all laws excepting those on the sale of
liquor and intrusion on their lands be repealed and
they be made citizens.
"I happen to know that the last two propositions are not
unanimously favored by the more intelligent Indians, but
they have the choice.
"The question of Indian military duty has now arisen, and
steps were taken leading to a draft. I think this was a
great mistake. In one hundred and thirty-five years since
the first national treaty of peace, neither the State, nor the
United States, has ever claimed this power. As being free
to choose, the Indians were advised to take no part in the
war of 1812. At Buffalo they straightway held a council,
chose leaders and declared war against Canada. They loved
their foi-mer foes. The Town Destroyer had proved their
Father and Friend. The Onondagas here did the same.
They might be few ,they said, but all were willing, and all
made a good record as they did later in the Civil War. They
were never enrolled in the militia of the State of New York.
"Did this power actually exist its use would be of doubtful
value. The Indians were ready volunteers, brave soldiers,
have State and National pride, though not citizens, and will
do their share freely in any time of urgent need. Let good
enough alone.
"One thing mry be mentioned. The Onondaga lands were
reserved hxj them, not for them. The Indians fought for
and never sold them. The Tuscaroras, however, had their
reserv^ation given them. The Cattaraugus Indians ex-
changed other lands for their reservation. Great Britain
20 OFFICIAL RECORD OF INDIAN CONFERENCE
gave the Bay of Quinte and Grand River reservations to the
Mohawks, signed and sealed. The Wisconsin Oneidas left
their old homes and lands were deeded them in the West.
The Onondagas hold their lands neither by gift or purchase.
They are their own and never have been ours,
"These brief notes lead up to what will not be discussed.
They concern rights and powers derived from conquest,
treaty or purchase as between two parties. Parties of the
first part are the Federal Government, supreme in dealing
with nations, and then this State, to which such power has
been practically and wisely conceded, as best adapted to
this special case. On the other side is the Iroquois treaty
power, and whether it fully represents the people.
"Another question is the evident right to undisturbed
possession of land until voluntarily sold or alloted. This
must be by general consent of the owners. No one denies
this, and our Indians are absolutely safe. Ownership, how-
ever is a real difficulty not always understood. Not the
Indian residents by the Onondagas own the reservation.
In an allotment or sale, should they desire it, every Onon-
daga would have his equitable share. Other residents might
get something for improvements, but nothing more. If an
Onondaga has Cayuga or Oneida children they would get
nothing. So, for his children's sake, he may oppose an
allotment. At present they have no cause for complaint.
"I think we have larger powers in some ways than we
have ever claimed. These take in health, education, moral-
ity, division of personal property, etc.
"If the Indians are, in any true sense, our wards, we must
sometimes act for them in their true interests, to the best of
our judgment and ability — so that in future days they may
act independently, intelligently and wirely for themselves
— ^no longer as children, but as men. How long they will
continue children depends on themselves."
A. C. Hill, Ph.D., State Director of Indian Schools, made
the statement that in order to prepare resolutions and a
platform it would be necessary to appoint two committees,
one on resolutions and one on platform. This motion was
duly seconded and unanimously carried.
A motion was made to appoint a Committee on Member-
ship of the Conference called to consider the relations of
THE ONONDAGA HISTORICAL ASSOCIATION 21
the Indians in the State of New York to the State and Fed-
eral Governments. This motion was duly seconded and
unanimously carried — and the chairman, Dr. Erl A. Bates,
appointed i)r. Robeil W. Hill and A. C. Hill to serve on
this committee.
Dr. Robert W. Hill of State Board of Charities : —
"Your Committee on Membership of the Conference
called to consider the relations of the Indians in the State of
New York to the State and Federal Governments respect-
fully recommends that the following persons shall be en-
titled to membership with the privilege of the floor and the
right to vote upon matters fonnulated for determina-
tion : —
1. The official delegates representing the several State
Departments.
2. The United States Indian Commissioner and his
representatives.
3. The United States Board of Indian Commissioners.
4. The Onondaga Indian Welfare Society repre-
sentatives.
5. epresentatives of the Indian Rights Associations.
6. Two Indian Chiefs from each of the Inidan Nations
of New York.
7. Representatives of the Onondaga Historical Asso-
ciation.
8. Representatives of the State Scenic and Historical
Society who are keepers of the records of this
conference.
9. Missionaries from the Reservations that may be
present.
10. Local officials who have special relations to the
Indians of New York.
11. Representatives of the Chamber of Commerce.
"It is recommended that the discussions from the list of
members here be limited to avoid taking considerable time.
The principal speaker opening the discussion will be allowed
thirty minutes and all other speakers not to exceed five
minutes."
Each of the above mentioned delegates are to have one
vote. The Indian chiefs, two being allowed for each nation,
who are here represented will be given a total of twelve
22 OFFICIAL RECORD OF INDIAN CONFERENCE
votes, which I think is only fair, as they are vitally inter-
ested in the doinp:s of this Conference.
The above report was duly seconded and unani-
monsly carried.
"THE LEGAL STATUS OF THE NEW YORK INDIANS''
Hon. a. F. Jenks.
Deputy Attorney General, State of New York.
"I am charged with the duty, and it is an important duty,
at this conference of trying- to impress upon the people here
what the legal status of the Indian tribes of this State is.
"It would do no good if I was to talk here two or three
hours :nd then succeed in convincing most of those peo-
ple if you went away and forgot all about it afterwards. If
I go back to Albany feeling that I have made some impres-
sion on the people here assembled in an effort to reach cor-
rect results based on the foundation of the law as it is and
not as some people would like to have it, I would feel that
I have accomplished a public service in connection with
this Conference.
"I hold in my hand a print copy, which the Attorney Gen-
eral paid me the honor to print and furnish to the public,
of the opinion which I wrote in 1915 under very peculiar
circumstances, which I vvill briefly state.
"Two Indians on the Cattaraugus Reservation had been
fishing with nets in Cattaraugus Creek within the bound-
aries of their own reservation ; Wilford Kennedy and Nel-
son Hare, Seneca Indians. Leon Paxon and Albert Stadel-
meir, State game protectors from Buffalo, wandered out
there and found these Indians fishing on their own land, in
their o^vn stream and in their own way, — but they were
violating the Forest, Fish and Game Law of the State of
New York. These Indians were arrested by these game pro-
tectors and taken to Buffalo on the Charge of violating the
Forest, Fish and Game Law. Whether these Indians had a
right to regulate the fishing operations on their own reser-
vation in their own way, or whether they should abide by
the state law regulating that subject, was to be decided.
"While these Indians were in custody in Buffalo ar-
raigned before the judge on this charge, they proceeded to
THE ONONDAGA HISTORICAL ASSOCIATION 23
retain counsel in the City of Rochester, with Mr. George P.
Decker, who came to Buffalo and procured the United
States District Attorney to make out a writ of habeus corpus
for the release of these two Indians.
''Word was wired to the Attorney General and I was di-
rected to go to Rochester on behalf of the State. If the
New York State lav/ extended over the Indians on their
reservations, then the State had jurisdiction and controlled
them the same as every other individual in the State. The
question arose sharply whether the State law covered that
territory. Does the State law reach the Indian on his res-
ervation ? I am here to tell you that it don't.
"I went to Rochester, intendiny to direct the District
Judge that he should hold these Indians and dismiss that
writ, because I didn't know any better, — but I was honest
enough to try and find out, and I asked the District Judge
if he would give me time to go back and look the matter up.
He said to me, 'You can take all the time you want. These
Indians are in the custody of the attorney and not in prison.'
"When I arrived in Albany I said to the Attorney General
that I questioned whether we ought to proceed along that
line. I said that I was convinced the Indians were not un-
der the jurisdiction of the State. He told me to follow my
own judgment. I proceeded to write this opinion, and in-
stead of making a brief to commit these Indians back to
their reservation, I sent this announcement, stating that in
my judgment they should be discharged, as I represented
the people of the State of New York and the Attorney Gen-
eral. In reply I rseceived a letter v/hich said, in substance,
'I have read your opinion, which commands my absolute
concurrence, and I have passed my decision on it and it
will be filled' — and th eprisoners were discharged. These
were the circumstances which led up to the opinion.
"The Indian tribes in the State of New York are not for-
eign nations in the sense other foreign nations are, and yet
they are foreign to our domestic policy. They live among us
but they are not of us. They are not foreign nations in the
sense that they could bring action in court against the
State. They tried this in the State of Georgia, but were
defeated.
"I want to read to you two or three notes in regard to the
34 OFFICIAL RECORD OF INDIAN CONFERENCE
Cherokee Nation against the State of Georgia, written by
John Marshall, —
" 'The condition of fthe Indian in relation to the United
States is perhaps unlike that of any other people in exist-
ence. Though the Indians are acknowledged to have an un-
questionable, and heretofore unquestioned, right to the lands
they occupy until that right is restrained by the Govern-
ment, yet it may well be doubted whether these tribes who
reside within the boundaries of the United States should
be designated Foreign Nations. They may more correctly
perhaps be denominated Domestic Dependent Nations.
They occupy a territory to which we assert a title independ-
ent of their will which must take effect when their right of
possession ceases. Meanwhile, they are in a state of pupil-
age. Their relation to the United States resembles that of
a ward to its guardia. They look to the Government for
protection, rely upon its kindness and power, appeal to it for
relief from their wants, and address it as their "Great
Father".'
"In regard to the Cherokee Nation against the State of
Georgia, he states: 'The Cherokee Nation is a distinct
community occupying its own territory with Boundaries
correctly described, in which the laws of Georgia can have
no force. The whole intercourse between the United States
and this nation is by the laws vested in the Constitution of
the United States.'
"After the Revolutionary War was over and the United
States had won its independence, they started to negotiate
with the Indians, and that run along until 1871. In the
meantime the tribees had become scattered on account of
the American civilization. A mere simplicity of the Indian
mind as it was in its original condition made it exceedingly
Eacy for the ndians to pick at the xices of the white man
without possessing those qualities which enabled the white
man to resist all these and arise above them. They died off
from disease and exposure until they became devastated. In
1871 the Government said they had become so reduced and
inferior they would govern them by laws, treating them as
pupils and wards. The Government, therefore, said we will
make a treaty with them that 'Any nation or tribe within
the territory of the United States shall be acknowledged as
a dependent nation with whom the United States may con-
THE ONONDAGA HISTORICAL ASSOCIATION 25
tract by treaty.' Up to that time there was no government
of the Indians. They were self-governing, but they made a
mess of it — sometimes. Sometimes the grossest crimes
were committed on these reservations. The United States
Govmment said, 'We cannot let things go this way, what
shall vv-e do?' They decided that a number of major crimes
ought not to be tolerated, so they passed a statute that the
jurisdiction of the United States district courts (up to that
time there had been no jurisdiction for an Indian tribe) is
extended to the prosecution of certain crimes on these res-
ervations.
"In the learned opinion of Mr. Miller, observed in the
statute, he says : 'It seems to me that this is within the com-
petency of Congress. Those Indian tribes are the wards of
the nation. They are communities dependent upon the
United States, — dependent largely for their daily food, de-
pendent for their political rights,' This is true. I am here
to state it is our business to see that the Indians' rights are
preserved.
"The Indian owes no allegiance to the States. The citi-
zen owes allegiance to his country and to the flag, but the
Indian does not owe allegiance to us. From their weakness
and helplessness, so largely due to the action of the Federal
Government and the treaties in which there has been made
promises, there arises the duty of protection and with it
the power of protection. This power resides in the United
States Government. This has always been recognized by
Congress, the United States courts, and wherever the ques-
tion has arisen.
"In concluding his opinion, Mr, Miller says : 'The power
of the Government over these races, now weak and dimin-
ished, is necessary to their protection and to their safety
with whom they dwell.' It must exist in that Government
because it has never existed anywhere else.
"Judge Werner discharged an Indian who had committed
an assault in the first degree from custody because he said
the State had nothing to say in jurisdiction matters. And
in speaking of the difference between the tribes in the West
and in the State of New York he says, 'We find no such
distinction in the statute and we can think of none that
largely differs one from the other'."
86 OFFICIAL RECORD OF INDIAN CONFERENCE
Question: —
"Is there a difference between the affairs of a tribe
as a tribe or an individual as an individual?"
Judge Jenks: —
"The individual is governed by the tribe in which he lives.
The United States Government has always held exclusive
jurisdiction over them, to govern them with respect to pun-
ishment of murder. The United States can go in, arrest
the rr.aii, try him_, and if he is found guilty punish him."
Question: —
"We are especially interested in the health of the
Indian. There is a statute in the Public Health Law
which permits the Commissioner of Health during
an epidemic, to take certain action. Am I to under-
stand that this law has no standing in the United
States?"
Judge Jenks : —
"It is my purpose to bring this sore to the surface. At
the present moment, while the United States Government
has not taken any action, I am here to ask you to see that it
does for the protection of the people and the Indians of
the State of New York. That condition of things ought not
to be allowed, but we must follow the law as it is laid down
to us by the United States. They should pass a law per-
mitting the Government to go on their property to look
after them during an epidemic.
"I want to call your attention to an incident that hap-
pened which I know of, because I was in the case.
"Some Indians were spearing fish off from their reserva-
tion. They were fishing on another territory in the State
of New York. They were arrested and it was sought to
get them out on a writ of habeus corpus. By a treaty that
was made with them, on the land on which these Indians
were fishing, they reserved hunting and fishing privileges.
This being the case, the State authorities had no jurisdic-
tion over them. Those Indians did have a right to hunt
and fish in those waters the same as any other citizen would
have. The treaty said they could continue to hunt and fish
on those waters, and they, therefore, claim the right to hunt
THE ONONDAGA. HISTORICAL ASSOCIATION 27
and fish on this stream at their own will at any time of the
year. The Supreme Court held that they were available to
the police law of the State of New York when they were
fishing: outside of the reservation."
Mr. Geo. N. Cheney, Librarian of the Court of Appeals : —
"The decision of Judge Miller would indicate that the
Federal Government had authority to enact legislation on
all of these kind of matters. Was there ever any time
when the State of New York had any police power of
that kind, even before the establishment of the United
States Government over the Indians on their own lands?
If the State of New York never had power to pass jurisdic-
tion over the Indian on the Indian lands so as to punish
them for the crime of murder, I cannot see how they can
have it now. Before the United States Government was in
existence, if the State of New York didn't have that author-
ity, when and where and by v.^hat instrument was that right
ever surrendered to the State of New York?"
Judge Jenks : —
"At the beginning of the United States Government.
That right was conferred on them when the Constitution
was adopted."
Mr. Cheney: —
"I want to know where, in your mind, this was founded.
Of course, you say, yourself, the situation is very unsatis-
factory and that you are laying bare a sore. I have never
examined these questions very carefully, but I was wonder-
ing whether these learned decisions that you have read ever
traced the authority or an original state like the State of
New York, and which certainly must have had some juris-
diction to suppress murder. By the fact that the United
States Congress is given authority to regulate commerce
with foreign nations, between States and with the Indian
tribes, that it has jurisdiction to a police regulation. That
may be within those learned decisions, but I have never
examined them."
Judge Jenks : —
"Judge Miller was careful in his decision. I am simply
28 OFFICIAL RECORD OF INDIAN CONFERENCE
calling your attention to the fact that the states did sur-
render the power between them and the Indians. Is it true
or not, that the States having Indian tribes living within
their midst at the time when the original States entered the
Union, did, prior to the union, assume to exercise jurisdic-
tion over the tribal Indians living and acting within the
limits of the reservation ?"
Mr. Ceylon H. Lewis, State Board of Charities :—
"I would like to get the exact holding of the Attorney
General's office on this question. It is of vital importance
to us here in the City of Syracuse, within ten miles of the
Onondaga Reservation. It has been assumed by the County
and we have assumed the control as far as they have agreed
nthat reservation as in regards to the Indian contracts, but
in regard to their contractile relations we have obeyed the
law,
"When I was district attorney of this County, I remember
that these matters came frequently before me. I assumed
at that time to enforce the law of the State of New York.
For instance, here is a statute in the State of New York
that forbids the Indian to sell timber, and here is a statute
that foi^bids the Indian to lease his property to the whites,
in each case without the consent of the Government. Now,
1 assumed to enforce that. They came to me saying that
they had been leasing without the consent of the white man,
and I indicted the white men and the Indians. There are
Indians here today that were indicted by the Grand Jury
at that time for selling timber without the consent of the
Commission. Now it would seem to me, from the holding
of the Attorney General's office that those statutes as passed
by the State of New York in regard to the sale of their tim-
ber, etc., would be an unconstitutional statute. If high
crimes were committed on the reservation we punished
those crimes. We indicted and we punished.
Now, supposing there are two parties on this certain res-
ervation. Suppose there is a riot and one of those parties
is exterminating the other. Then, have we the right to
punish? Are they so far outside the jurisdiction as a sep-
arate nation that we are compelled to allow them to kill
each other? It seems to me that under the common law,
outside of the statute (which is far more reaching than any
THE ONONDAGA HISTORICAL ASSOCIATION |9
statute that can be made) , we have a right to suppress and
punish when high crimes of that kind are committed. Of
course, if the Attorney General's office takes the decision
that the County of Onondaga cannot go out to the Onon-
daga reservation and get a murderer, suppress a robbery,
etc., those people then have no justice or protection."
Judge Jenks: —
"It is not what I say or what the Attorney General says.
This opinion was probably in the Attorney General's office
and adopted by the court as a law in that case and the judge
was responsible for the decision. I am speaking simply as
a member of this Conference on my own responsibility to
point out what the United States Supreme Court has held.
I am speaking now about the administration of the law,
whether jurisdiction is conferred by statute or whether
it has been asserted by the United States Government. In
the Minnesota case it was decided it would never do to have
both the United States and the State legislation on the same
subject. By the act of Congress in '85 it would seem to me
that the United States has given the decision that no State
of the Federal Government has a right to interfere with
the Indians on their reservations."
Dr. Erl a. Bates: —
"The matter of leases made by the New York State agents
is a matter of very serious moment. What is their value, in
your opinion?"
Judge Jenks: —
"They are not worth the paper they are written on."
Dr. a. C. Hill, State Director Indian Schools: —
"Supposing the State of New York should pass certain
laws in regard to the Indians on their resei'vations, would
there be any case to cite that as illegal ?
"Why not say we will remedy all this by going to Con-
gress and asking Congress to give New York State power
to pass certain laws like health laws, school laws, etc.?
"We have been proceeding along the wrong road. I am
not to blame for holding the opinion I do in regard to this
matter ; I earnestly believe I am right.
30 OFFICIAL RECORD OF INDIAN CONFERENCE
"V/hen the Kincaid bill was before the Senate they sent
for me, knowing that I had something to do with this mat-
ter, — and the Kincaid bill was cut down and the Govern-
ment got hold of this opinion on the ground that it was an
impossible thing to do. The failure to pass that Kincaid
bill two years ago has been a great detriment to the chil-
dren on these reservations and this is what hurts my feel-
ings. If we put it off two years more we will have another
generation of children going to the devil. There is no law
on the reservation by which we can look after morality or
school attendance or even health. But, as Judge Jenks says,
nothing can be done by sitting in a chair and talking about
it. It seems that something springs up somewhere every
time v/e attempt to do anything with the Indians."
''HEALTH AND SANITATION ON THE
RESERVATIONS."
Dr. Frederick W. Sears.
Sanitary Supervisor, State Department of Health.
"I do not think that the Government or the State has
taken any recognition of the obligation which they owe to
the Indians in the protection of health until our present
administration came into existence.
"Since the discovery of America, the relations of the
Indians to the white population has been complex and
difficult.
"Looking at the problem from the literature, one can
form any opinion of the Indians which best suits his fancy,
varying from the most barbarous to the most fantastic.
"From a health standpoint, we seem to have been content
to hand to them all of the diseases and vices which are
spread by civilization, without in any appreciable way at-
tempting to mitigate these evils. For example, tuberculosis
has become very prevalent among the various tribes (caus-
ing one out of every three deaths), largely because they
have been encouraged to follow our example of living in
houses, but have not been clearly shown the dangers of im-
proper housing and lack of ventilation.
"Immorality has been substituted for unmorality, because
the fundamental principles upon which the social fabric of
THE ONONDAGA HISTORICAL ASSOCIATION 31
the marriage state rests has not been sufficiently impressed
upon them.
"Small-Pox and other epidemic diseases have in the past
depleted their ranks by tens of thousands with no special
effort to check these diseases, except in so far as they af-
fected the adjacent vrhite settlements.
"Historians have told us that the invasion of Europe with
Syphilis was from the returning soldiers and sailors who
accompanied Columbus on his voyage in which he discov-
ered America, they having contracted this disease from the
Indians. Although medical authorities do not agree with
this statement, no one has attempted to defend the Indians
from this stigma. While we should not excuse many of the
unjust practices of the Indian upon the Whites, we must
admit that much prejudice against them has been caused
by those whose motives in dealing with them have not
always been above suspicion.
"It is the opinion of the majority of those who have
studied the Indian situation, that the final solution of the
Indian problem is to admit them to full citizenship with all
"its responsiblites and prvileges.
"With this end in view, why should we not do all in our
pove • tc iiitrust the mJn the higher ideals of citizenship.
Let us replace the spirit of selfishness and aggression in
dealing with them with one of altruism, change our atti-
tude of indifference towards their health and social wel-
fare with one of sjTnpathetic and helpful assistance.
"It v/as with these principles in mind that an attempt
was made to create better health conditions in the Onon-
daga Reservation, with results v/hich have far exceeded
expectations. When attention was first called to the high
mortality existing in the Reservation in October, 1918, with
the reports of serious illness, in which there was not proper
medical attention, it was decided to make a careful investi-
gation of these conditions. The Reservation was without an
attending physician, owing to the resignation of their for-
mer physician, except as one was designated for a special
purpose by the County Overseer of the Poor, upon request.
No school examinations had ever been made, and no equip-
ment for such examination. On November 4th the Board
of Supervisors, upon request, made an appropriation of
$100 for such equipment, and at their next meeting, Novem-
^2 OFFICIAL RECORD OF INDIAN CONFERENCE
ber 11th, appointed Dr. Orton White as physician to the
Reservation. Dr. White immediately assumed his duties
and freely gave to us his assistance and co-operation. He
at once began the examination of the school children. A
State Laboratory supply station was located at the school-
house for his convenience. Realizing that tact and diplom-
acy would be needed to obtain suitable information, Mrs.
Elizabeth Finnegan's services were requested from the
State Department of Health. She arrived on November
12th, and a survey was immediately undertaken. A week
was spent by Mrs. Finnegan in the school, giving talks on
personal hygiene, and making the acquaintance of the chil-
dren to isure her a better introduction into the homes. She
also visited Mrs. Hayward's Lace Bureau, and there met
many of the women of the Reservation and explained to
them the purpose of our survey. This was supplemented
by a promise that an evening's entertainment of moving
pictures at the Reservation would be given at an early date.
This preliminary work proved so successful that without
exception the desired information for the survey was ob-
tained at the homes, and she was cordially received into
eveiy household. Mrs. P'innegan was accompanied on her
visits by either Professor Phillips or the Sanitary Super-
visor. The survey consisted in making house-to-house visits
and obtaininor the names, ages, occupation, births and
deaths (within five years) , sanitary and general health con-
ditions and other data.
"The water supply is from several sources. The main
street is supplied with running water, which is piped from
a spring situated on one of the adjacent hills and is pure
and abundant. The remainder of the Reservation is sup-
plied from wells and springs, none of which are well pro-
tected from surface drainage.
"The wells are without curbs or fences, but are at some
distance from the privies and outhouses, which latter are in
the main of the most primitive style, freely open to ffies,
and rarely cleaned out. A few of the homes are modem in
stucture and well kept, but many of the houses contain only
one or two rooms, which serve for all purposes. They are
improperly ventilated and lighted, overheated with stoves,
and the sleeping rooms close and dark. Some having no
windows. None of the houses have water piped into the
THE ONONDAGA HISTORICAL ASSOCIATION 33
living apartments, and in the absence of sewers or cess
pools, we believe this would be inadvisable. The running
water system should be extended to all by means of spiggots
or hydrants, being so placed as to be conveniently accessible
to each house, or group of houses. Pulmonary diseases are
the chief cause of death, as would be expected from the
above statement. There were four deaths from pulmonary
tuberculosis in one family within a period of one and one-
half years. Both incipient and advanced cases were found
in our survey. Dr. White's examination of the school chil-
dren reveals several early cases among them.
"Efforts are now being made to learn the venereal dis-
ease situation. Dr. White has in some cases taken blood for
the Wasserman test and has administered Arsaphenamine,
which has been supplied by the State Health Departm.ent.
One of the greatest difficulties encountered by a physician
in work among the Indians, is lack of proper assistance in
the carrying out of his directions, which are often difficut
for them to understand and with which their traditions are
not in accord.
"The school registers seventy-five pupils, but not more
than forty were present at any one of the visiting days. It
is difficult to maintain a high percentage of attendance
without a compulsory attendance law.
"At our suggestion all pupils are now using individual
drinking glasses. It is not customary for the school chil-
dren to partake of a noon meal, — ^nearly all remaining at
the school building during the noon hour, none bringing a
lunch. This lack of food is now being cared for by the
teachers, preparing^ a Inuch for them from food furnished
by the Visiting Nurse Association.
"In many homes there was evidence of lack of knowledge
of food valiies, although in some homes the meals seemed
adequate.
"The deaths recorded for the past five years, which is
undoubtedly not complete as no burial certificates are issued,
were 63. The following were the chief causes of death
given : —
"Tuberculosis, 23; Infant Diseases, 22; Pneumonia and
Influenza, 7, Typhoid Fever, 4; Diphtheria, 1; unknown, 6.
"Eighty-five births were reported to us as having oc-
curred during the past five years. The incompleteness of
34 OFFICIAL RECORD OF INDIAN CONFERENCE
these statistics would be indicated by the records which
been kept by Professor PhilHps, which records show that
there have been 32 deaths in the Reservation within a period
on one year. The absence of complete vital statistics also
n-akes it impossible for us to estimate the infant mortality
rate, which we are convinced is very high. Assistance has
been rendered during- the summer months by the Visiting
Nurse Association of Syracuse, which has taken many of
the children into its summer camp, but owing to lack of
follow-up work, has not resulted in great permanent benefit.
"The principal occupation of the Indians is farming. A
number of them, however, seek employment in the various
factories and shops in Syracuse, having been trained to do
this work in the various Indian schools.
"The promised moving picture entertainment was given
on the evening of December 3, 1918, and was greatly en-
joyed by about 200 Indians, many of whom entered into the
spirit of the occasion by assisting in the program. Many
difriculties were encountered in arranging this show, the
chief of whch was the absence of electrcity in the Reserva-
tion, which made it necessary to secure an old style calcium
light and hand power machine. Also, owing to limited mail
service in the Reservation personal invitations and notifica-
tions were made necessary. The exhibition was held in the
Methodist Church. The entertainment consisted of pre-
senting of two reels loaned by the State Department of
Health, one on Tuberculosis, and the other on Typhoid
Fever. The pictures were preceded by a talk by the Sani-
tary Supervisor, explaining the object of our survey; and
the interval between the pictures was taken up by several
musical selections by Indian families and a speech in the
Onondaga Indian language by Mr. David R. Hill, one of the
most influential members of the Reservation. Following the
pictures a social session was held, at the conclusion of which
a rising vote of thanks was given, with the request that a
similar entertainment be given later in the winter, which
has been done. We believe this entertainment did much to
bring about a spirit of co-operation, which will greatly as-
sist in carrying out plans for constructive health work. Re-
sults are already in evidence, as shown by better sanitary
conditions, cleaner and better ventilated homes, and by a
marked improvement of Tuberculosis patients. Windows in
THE 0:-;ONDAGA HISTORICAL ASSOCIATION 36
sleeping rooms are now kept open for the first time,
"From the results of this survey, we are convinced that
the t-reatest need of these people is education in personal
hygiene and sanitation — that the best methods of teaching
them is through a tactful and enthusiastic public health
nurse who can gain entrance into their homes and by prac-
fical demonstration and assistance, secure their confidence
and respect. She can be of inestimable value to the physician
in carrying on this work, and could teach them much in
regard to food values and the cooking art. This work could
be supplem.ented by entertainments of an educational char-
acter ,illustrated by stereopticon views and moving picture
films, given at convenient intervals. The attending physi-
cian would receive much encouragement in his difficult task
by the assistance of such a nurse and the co-operation of the
State Health Department.
"Upon presenting these suggestions to our Visiting Nurse
Association and the Board of Supervisors, such nurse was
secured and is now rendering this service in a most appre-
icative manner. She spends four days a week in the Res-
ervations, administering to the sick, giving instruction in
home nursing, prenatal care, school inspection, etc. We ex-
pect to soon have an Infant Welfare Staton in operation,
where all of the babies on the Reservation will be weighed
and mothers instructed in their care weekly. We also hope
to be able to establish a social center for the young women
of the Reservation in the near future.
"Plans have been made for a Health Center Building we
hope to have erected near the schoolhouse, which will be
available for such purposes."
Mr. Reeves, Representing U. S. Bureau of Indian Affairs : —
"I have listened with a great deal of pleasure to the dis-
cussion from the standpoint of those officials who have
spoken so far. There are one or two impressions that I
would like to remove that possibly have arisen as an indirect
result of a remark made by Judge Jenks.
"What is the attitude of the Federal Government with ref-
erence to this New York Indian situation?
"I do not know where it is that the opinion comes that
the State Government hasn't any jurisdiction until the Fed-
eral Government gives it to it. As far as I have been ad-
36 OFFICIAL RECORD OF INDIAN CONFERENCE
vised that does not exist. The present policy of that Bureau
is to permit the State to retain the jurisdiction that it has,
and we will be glad to co-operate in giving that jurisdiction
to the State.
"I sine erely trust that this meeing will result in the work-
ing out of some feasible solution of this New York Indian
situation for the benefit of the citizens of the State and the
Indians themselves.
"I could cite an act of Congress for you that at least gives
the State jurisdiction in some cases. If the State needs any
additional jurisdiction I believe Congress will be glad to
give it to you, — but if you attempt to convince Congress of
the fact that the measures your propose to adopt will be
beneficial to the Indians, you will find serious objections
in obtaining what you want. There is a tendency in all
matters of this kind to go too far. The State has, from
time to time, exercised at least a limited jurisdiction over
these people.
"I would like to say to Dr. Sears that I would like to see
him continue the good work he has started among these In-
dians until somebody in authority tells him to stop it."
Dr. Mathias Nichols, Jr., Deputy Commissioner, State
Dept of Health:—
"I had a rather definite idea of what the State Health De
partm.ent should do for the Indians. I am not at all sure
whether he can do it. In brief, it was, that on each of the
four principal reservations should be established a Public
Health Bureau of the State of New York, and, in addition
to that, there should be a special Sanitary Inspector ap-
pointed who would be a doctor living on the border of the
reservation and who is properly qualified to attend to the
medical needs of the Indians. This is just my idea of what
they should do for the larger reservations."
Dr. Otto Eichel, Director Bureau iVtal Statistics, State
Dept. of Health :—
"We have had two preceding speakers which may be in
order as to vital statistics. Vital Statistics is merely a
method of keeping records of the number of people bom,
the number who die and the causes from which they die.
This is very important to the Indians for several reasons, —
THE ONONDAGA HISTORICAL ASSOCIATION 37
for instance, the Indians have shown no tendency to increase
lately. In the last twenty years the population has shown
a very slight tendency to go down. When we look into it to
find out what the reason is we have found that there are
certain causes which could have been prevented. Tuber-
culosis is probably the most important cause which brings
many Indians to the grave long before they reach middle
life.
"I am told by Dr. Bates, Dr. Sears and others, that all the
births and deaths that occur on the Indian reservation are
not reported to the registrar. Now, I am going to ask you
Indians who are here to insist that every time an Indian
child is born on the reservation that the one who attends
that birth shall report it, so we will know exactly how many
Indian babies were born. Also that every death is re-
ported, so we will know how many deaths occur and why.
This works no hardship on anybody, costs no money, and a
verj^ little effort on your part.
"Those reports have many other important uses. The
birth report of an Indian child is an official record, — for
instance, to prove the Indian child v\-as born in the United
States, to prove it is a legitimate child, to prove it has a
right to inherit certain property, to prove its age, and a
number of other very important reasons.
"Then, in regard to death records. A record of death
must be secured before life insurance can be obtained. It
prevents murder. The certificate can be used in matters
of inheritance of property to prove certain persons died.
The most important reason of all is so that those who are
Interested in the health of the Indians shall know what
they die of — and also how old they were when they died
and of ^vhat sex they were.
"Investigations were made by the State Department of
Health five or six years ago in regard to Tuberculosi,s which
was very prevalent. We found three or four cases which
needed sanatorium treatment.
"A great many births among the Indians are attended
by Indian midwives. These Indian midwives are obliged
by law to have a license in vrhich they pledge themselves to
comply with certain rules. I want you Indians to see to it
that these Indian midwives have such a license. There has
been a number of deaths of children at birth which prob-
3S OFFICIAL RECORD OF INDIAN CONFERENCE
ably could have been prevented. In the last five years there
were eight deaths which occurred at childbirth because the
mother did not have proper care.
"The State Department of Health will surely be glad to
help the midwives by having our nurses teach them what
they should do and show them what can be done to prevent
an Indian child from becoming blind and things of that sort.
"Diseases of the eyes is one of the important difficulties
of v/hich Indians have suffered. Many of these diseases are
acquired by children at birth simply because the proper pre-
caution was not taken that will preserve the child's eye-
sight for life.
"In a few more generations there will not be any more
Indians unless something is done to prevent these unneces-
sary deaths which are constantly occurring among the
Indian people."
Dr. Robert W. Hill offered the following esolution. Re-
ferred to committee: —
"Whereas there are nearly six thousand Indians upon the
several reservations in the State of New York, members of
the Six Nations, who now are possessed of lands and have
been granted by solemn treaty full protection in the enjoy-
ment of life, liberty and the pursuit of happiness to the
same extent as are citizens of the United States ; and
"Whereas the conditions which exist upon the reserva-
tions and affect the social life of the Indians mitigate against
their welfare and prevent their progress and ability to
maintain themselves to an equal degree with their neigh-
bors who have benefit of all the laws and courts of the
State and who are full participants in the measures for the
promotion of education, the protection of health, the con-
servation and welfare of children ; the safeguarding of life
and property by an adequate police system; and by the
various enactments bearing upon social relations; all of
which are necessary to our modern civilized life ;
"Be It Therefore Resolved, That the several departments
of the State which have relations affecting the welfare of
the Indians are requested to enlarge the scope of their work
in behalf of the Indians, that their progress may be more
rapid. It is further
"Resolved, That the Governor and Legislature of the
THE ONONDAGA HISTORICAL ASSOCIATION 89
State of New York are hereby requested to appoint a special
commission consisting of two members of the State Senate,
three members of the Assembly, and a representative from
the x4.ttoiTiey General's Department, one from the State
Board of Charities, one from the State Department of
Health, and one from the State Department of Education,
which commission shall confer with the two Committees on
Indian Affairs of the Congress of the United States when-
ever the same shall be called in session by the President,
and to consider with such committees the relations and
status of the Indians upon the reservations of the State as
they are affected by the State of New York and Federal
Government.
"The Legislature of the State should enact a law provid-
ing State Justice Courts on the Indian reservations to act
"The Federal Government should pass a resolution con-
firming jurisdiction of the State not in consistence with the
general Government as prescribed in the statute of the
statute of the State."
Mr. Edward M. Wistar, Society of Friends and Tunnassa
Quaker School: —
"I feel extremely interested in the Indians of this State.
It comes to me from my forefathers. I feel the very great-
est interest in the welfare of the Indians on the reserva-
tions. I feel most profoundly interested in the Indian who
desires American citizenship and feel that he should be
assisted and helped to gain that position.
"Whereas a good portion of the Indians resident on the
several reservations in the State of New York are and for
many years have been well qualified to assume the duties
and responsibilities as citizens of the State of New York
and the United States.
"Be It Resolved, That it is the sense of this Conference
that petitions be made to the proper authorities at Washing-
ton and at Albany and action as necessary bo taken to defi-
nitely place the said Indians in the State and Nation."
Dr. Eichel: —
"Whereas, all the birth, marriages and deaths of the
Indians of New York State are not being record, and
^^hereas, complete records of the events in the life of
40 OFFICIAL RECORD OF INDIAN CONFERENCE
every human being within the State are of very great im-
portance to the welfare and happiness of such individual,
and especially for the purpose of protecting public health;
be it
"Resolved, that the Official Conference for the Consid-
eration of the Relations of the New York Indians and the
State and Federal Governments endorse the efforts of the
New York State Department of Health to secure complete
rep-istration of the vital statistics of the Indians; and,
furthermore,
"Be It Resolved, that the Conference urge upon the In-
dians themselves, and upon their leaders, that they co-
operate with the State authorities in perfecting the com-
plete registration of the vital statistics of the Indians.
"Whereas, many Indian mothers are attended in confine-
ment by Indian women, who practice as midwives ; and
"Whereas, it is of great importance to the health and wel-
fare of such Indian mothers and their babies that they shoul
should be attended at time of confinement, if no regular
physician is employed, by midwives who have had proper
training in the care of women in confinement and their
new-boiTi babies ; and
"Whereas, it is one of the purposes of the New York State
Sanitary Code and of the Nev^ York State Health Depart-
ment to promote this object by the licensing of midwives,
"Be It Resolved, that the Official Conference for the Con-
sideration of the Relations of the New York Indians and
the State and Federal Governments endorse the efforts of
the New York State Department of Health to establish the
same standards and principles of midwifery practice among
the Indians which obtain among the white people; and
furthermore'
"Be It Resolved, that this conference urge upon the In-
idans themselves and upon their leaders, that they co-
operate with the State authorities in improving the prac-
tice of midwifery among the Indians."
Dr. Nichols: —
"Whereas, the State of New York, through its several
Departments, has always exercised and is now exercising its
governmental control over the health, education and general
welfare of the Indians residino- m the State, be it
"Resolved, that these various departments enlarge the
THE ONONDAGA HISTORICAL ASSOCIATION 41
scope of their work on behalf of the Indians that their prog-
ress may be more rapid.
"Whereas during- the Conference the question has arisen
as to the right of these departments of the State of New
York to exercise powers over the Indians ot tthe btate ot
New York, be it further
"Resolved, that the Governmxent of the State of New York
is hereby requested to take action to exercise the aforesaid
powers on the Indians within its borders."
A formal reception was tendered to the Conference mem-
bers and their wives on the evening of April 6th by the
Onondao-a Historical Association at their building. It was
larrely attended by many of the chiefs and their families
and representative citizens off Syracuse and Onondaga
County. Music was furnished by the Onondaga Indians.
It proved a very enjoyable affair.
SECOND DAY— MARCH 7TH.
The Chairman called the Conference in session and Rev.
Father Ketcham delivered the Lord's Prayer, with all join-
ing in the invocation.
"INDIAN SCHOOLS AND THEIR ADMINISTRATION."
A. C. Hill, Ph D.
Supervisor Indian Schools,
State Department of Education.
"Schools are one agency for making men and women out
of boys and girls. Education in its broad and proper sense
involves the activities of many factors. Prominent among
these are the homes, the schools, the churches, and the social
organization of government. These act and reacct upon one
another to porduce the result.
"Modern education among the Indians began with the
missionaries. More than a century ago, the Quakers began
their beneficent work among the Six Nations of New York.
They started a mission on the Onondaga Reservation and
one on the Allegany. They started the first day school on
the Allegany Reservation, which failed because the Indians
would not send their children to it regularly. They aban-
doned it and started a boarding school just off the reserva-
tion which is still in operation as a most useful means of
fitting boys and girls for the needs of life.
42 OFFICIAL RECORD OF INDIAN CONFERENCE
"A Mr. Wright started a mission on the Cattaraugus
Reservation which was afterwards taken over by the State
and is still maintained as a boarding school by the State.
"A mission school was also started on the Tuscarora Res-
ervation and did excellent work for many years. The
teacher, Miss Peck, is still remembered for her self-sacrific-
ing labors and the school is still in operation, maintained by
the State.
"In 1856, the State organized a school system on the
reservations, built school houses from time to time and gave
all Indian children an opportunity to get an education. The
Indians did not fully appreciate the privileges extended, and
it was found necessary to enact a school attendance law,
which the State did with appreciable results. It may be
truthfully said that many Indians realize the value of edu-
cation and send their children to school voluntarily and reg-
ularly. Laws are felt by the few, though all profit by them.
"At the present time, all the reservations are provided
with schools wholly maintained by the State. They are the
freest schools for those who enjoy their benefits to be found
anywhere. There are thirty-seven teachers devoting their
time to Indian communities in rural schools. The Thomas
Indian School, maints.ined by the State, the Quaker School
and the Convent School on the St. Regis Reservation are
boarding; schools maintained at public or private cost for the
benefit of New York Indians. Besides, many Indian chil-
dren go from the rural schools to nearby public white
schools for advanced work. Indeed, the State encourages
the people to send their children to white schools when it is
possible to do so. These small Indian communities are so
enveloped by white people and so closely in touch with the
hum of modern industry that the children are getting the
white mans outlook upon life in many ways. Parents go
back and forth from the reservations to nearby cities and
towns for work and put their children into the public
schools for a time.
"The State pays out an average of $100,000 every year,
probably, for the education of its Indian children, of whom
there are from a thousand to twelve hundred in the various
schools.
"This process has been going on for several generations
and it is fair to assume that the present generation of In-
TK£ ONONDAGA HISTORICAL ASSOCIATION 43
dians is fairly well educated. Yet, an attorney for the
Seneca Indians went before a committee of the Legislature
the other day and made the statement that the Indians of
New York must have Indian courts because they cannot un-
derstand English. This libel against the Senecas may be
left to themselves to answer, but the statements as applied
to the Indians of New York as a whole is not true. There
is illiteracy among the Indians, it is true, as there is in
white communities. There is, indeed, less familiarity with
the English language among them because of their intense
racial attachment to their own tongue and because of their
isolation in community life, but it is not true that the chil-
dren of the Indian reservations of New York are being de-
prived of the opportunity to get as good a preparation for
the needs of life as the average white children.
"But opportunity is one thing and grasping it is another.
There are obstacles in the way of securing the best educa-
tional results in the Indian schools. The social forces must
co-operate with the educational activities to produce the
best results. Health is the basis of good school work. The
indifference of parents and the vagrant impulses of children
must be met by some active force. Moral standards must
be estpblished and enforced in a community to secure its
educational salvation.
Thoio must be a basis of government to build a success-
ful educational system upon. Just here comes in the great
need of the reservations of New York. They lack efficient
government. This is not the time, perhaps, to go into this
question, which is the one that has brought us together.
On another occasion during the Conference I may speak
more fully on this point and point out the weak spot in
dealing with the New York Indians and suggest a remedy.
I may say at this time, however, that the State of New Ybfk
has never done the Indians of New York a greater injury
than leaving them so long without effective government.
Just now the pienace of anarchy on the reservations is em-
phasized by what seems to me to be a most unwarranted at-
tack upon the jurisdiction of New York on reservations.
The dead hand of legalism, the ghosts of hoary judicial de-
cisions the meaning of which is mere opinion and conjec-
ture, have been recently resurrected to throw the situation
into confusion. Who wants chaos to continue on these In-
44 OFFICIAL RECORD OF INDIAN CONFERENCE
dian reservations at the cost of human character and human
lives? The fog should be cleared away; the smolve ^screen
should be swept away so that the truth may be known and
the weakness of Indian government removed. This is the
vital need of the schools and of all the agencies for uplift
that are working among New York Indians."
Mr. Reeves : —
'■'Too r-.uch rioubt has arisen about this question of juris-
diction and control in connection with Prof. A. C. Hill in
enforcing a compulsory school attendance law on the Indian
schools. It seems to be up to me at this time to endeavor
to clear up democracy very briefly by one decision I think
will decide the entire question.
"We all understand about the Western Indians ; and the
decisions of the various courts referring to the Western
Incli,:-.!^'^- n;T/ be irterestin^^ but they do not apply to the
Indians of New York State.
"Since yesterday I had occasion to refer to one decision
of the Sr.prenie Court referring to the New York Indians.
It arose over an act of the State Legislature of New York
passed in 1821. The question of the right of the State to
legislate on matters of this kind arose and they finally went
to the Supreme Court of the United States. It was decided
that the State in question has a police regulation for the
people. It is a fact of the truth. Nevertheless the relations
these Indians hold to the United States is so far as it is
necessary to preserve the differences of the commonwealth
and protect them from imposition and intrusion. The
power of the State to make such regulations to preserve the
differences of the community is absolute and has never been
surrendered.
"Need more be said about your question of jurisdiction?
Need more be said about your power to maintain health
regulations, not only of the Indians themselves but the
State of New York?
"I think it useless to stand and ask these questions, citing
numerous decisions to support this one case, which I be-
lieve ample to defend the entire proposition."
Angus White, Chief of St. Regis-Mohawk Indians: —
"It interested me very much when Mr. Hill was speaking.
THE ONONDAGA HISTORICAL ASSOCIATION 45
I approve of any enforcement of law in regard to anything
that he talked about here, but I must say that perhaps
something could be added to what he has already presented
to you people here.
"We have on our reservation eight district schools, and I
do not think you will find that there is very much trouble
as far as enforcing the school attendance law on the St.
Regis Reservation. We have had a very few cases of it.
"I think that if the people would take a little different
course it would not be necessary to form a court on the In-
dians on the St. Regis Reservation. The State Troopers
have come in and assisted us and gone to the justice in our
town and given sufficient satisfaction in that respect.
"I think the health conditions on the St. Regis Reserva-
tion are qual to the whites. I know positively and in fact
could get proof of this from Dr. Sears.
"When you talk of sanitary canditions, I want to ask if,
when the children go into the schools and have to pump
water from the cellars of the schools before school hours, is
that sanitary? We have two school houses on our reserva-
tion where there is perhaps three or four feet of water in
the cellar which has to be pumped out before school hours
by the children.
"Mr. Hill said the Indians would not help in grading and
other work about the school. Perhaps some of the older
people don't do it, but the children do. I passed one of the
schools where they were going to put in a furnace and I
saw two little girls shoveling dirt. The man hired to do this
work sat on a boulder, and when I came back the girls were
still shoveling and they were tired out.
"Perhaps if you get both sides of things you will under-
stand the thing better. When you want to do anything with
Indians you can lead them easier than drive them. By get-
ting the proper authorities on the reservation I think we
would have no trouble at all."
Chief Chapman Schenandoah of the Oneidas : —
"I was born in 1870 in Madison County. When I was a
boy we had a little State school on the reservation. My
folks said it was best for us to go to school. Anybody knows
that. We were never forced to go to school. We wanted to
go, but the conditions are what drove us away. Sometimes
46 OFFICIAL RECORD OF INDIAN CONFERENCE
the teacher would sneer at the dirty children because he was
poor and had no father or mother.
''School went on until I was 12 years old. Then our neigh-
bors beg-an to quarrel over who should be the teacher. They
were not going to teach the Indians. They soon got tired
of it. Finally the State decided there was not enough at-
tendance to keep this school, so they closed it up, and so I
and the rest of the Indians could not go to school. The
Oneidas had no legal authority to appeal to the Government
and were at the mercy of the State. I went away and made
my living as best I could.
"As far as I can see, this State has never done anything
for the Oneidas."
Chief Ricard of the Tuscaroras : —
"I don't believe there is an Indian who would keep his chil-
dren out of school if he could help it. Sometimes the chil-
dren are sick and it is pretty hard for these parents to go to
a doctor and get a certificate, but we have never had any
trouble in that line. Talking about not having power to
send these children to school, I know of a man who went
to jail for not sending his children to school. He ought not
to be in jail. He was not in a physical condition to be in
jail, but he went just the same.
"This Conference is trying to look after the Indian. I
think if these civilized American people working for democ-
racy would look into the details more closely they will find
that the Indians can be led a great deal better than drove."
Chief Walter Kennedy, Cerk of the Allegany-Senecas : —
"Three years ago the Seneca Nation passed what you
people call the Conservation Law for the preservation of
fish and game on the reservation. We asked the State to
enforce this law. When it came before the United States
Senate, the suggestion of Senator Walters, the commis-
sioner at that time, was to drop the bill and present the same
to the Conference. Last winter we had to go again to
Washington to the Senate and Mr. Hamilton went to see
what he could do.
"We appreciate what you are trying to do for us. What
we oppose is when you try to take everything away fl'om
Tis. When you try to do something good for us, to educate
THE ONONDAGA HISTORICAL ASSOCIATION 47
US raid make us live like everybody ought to live, we appre-
ciate it."
Rev. Louis Bruce, Pastor St. Regis Indian Mission : —
"Everytime I come back to the Onondaga Reservation T
notice the school is just a little better than it was before,
and we have to congratulate them that they have such a fine
school system. We want to co-operate with the State in all
that they are doing. I know there are some people here who
have small complaints about their reservation. I think"
they should be heard. Not that we want to complain, but
we want to help the State. They have put in those good
systems and we want to help them to make it more efficient.
I know the Indians want to stand back of the State to en-
force all good laws."
Chief Julius Heron of the St. Regis Reservation: —
"There was a doctor appointed on the reservation who
was paid by the year. Has he a right to doctor the Canadian
as well as the State people? Can he doctor them and let us
people go after he has been paid to look after us?
"POOR AND INDIGENT INDIANS."
Dr. Robert W. Hill.
Supt. State and Alien Poor, State Board of Charities.
"New York State since earliest colonial days has been
interested in the welfare of the Indians within its bound-
aries. In colonial days long before the question of juris-
diction arose the white people had various controversies
with the Indians, but in spite of controversies were actuated
with the desire to do good to such of the Indians as seemed
to be in league. In colonial day sthere was even legislation
regulating the quality of wampum, and it was in those
times that there was an adherent power residing in the col-
ony which would enable it to enforce a regulation of that
kind, and in those times we read now and then of particular
cases of Indians who required the attention of white settlers
and who received certain assistances and so were moved
gradually into a recognition of a responsibility on the part
of the State towards the Indians who were settled within
its boundaries.
48 OFFICIAL RECORD OF INDIAN CONFERENCE
"When, in later years, State enactments began to take
the place of colonial laws and even of treaties, the attitude
of the State was unchanged except that it increasingly felt
the obligation to take care of such needs of the Indians as
might present themselves to its attention.
"There is no distinction made in the earlier laws so far as
race or color is concerned. There, poverty and distress was
recognized as common to all people and the same measures
which were intended to relieve poverty and distress in one
person were extended to cover all who were within the
power or within the province of the particular division to
whom were assigned the duty of carrying forward the char-
itable intentions of the commonwealth.
"Later the General Poor Law was constituted and by
amendments extended still further. A division was made
as to certain responsibilities and duties of special officers
were more strictly defined. In these later amendments we
find a certain article about Indien relief, and thus Indian
relief assumed a new importance in the eye of the public
and in the administration of its laws. Heretofore the In-
dians were included in the General Law and relieved wher-
ever they came within the local jurisdiction by relieving
officers. In later classifications and amendments they were
classified as a special group. The children were classified in
a special group and were no longer to receive relief through
them. This authority was finally taken away from the
jurisdiction of the counties and they became a special State
charf:e and were segregated in special State hospitals where
they could be treated.
"How are Indians who are in need to be relieved under
the original treaties which were made between the Fed-
eral Govrnment and the Indians? There was no provision
for the general relief of indigent Indians because the tribes
and nations were considered as a community and whatever
was done was done for the community; but the State con-
sulted the tribes and leagues as to the welfare of the In-
dian and so under the extension of its benefits it has ex-
pressed a purpose to go to every family, every man, woman
and child whenever in need and extend such needs as they
require and may not elsewhere obtain.
"Now, the State does not consider itself bound to give to
self-supporting individuals or families any funds, food, or
THE ONONDAGA HISTORICAL ASSOCIATION 49
clothing. Those needs are within the reach of the self-sup-
po] tir.;; and the able-bodied, and, therefore, it would be a
waste to the State's poor and of the funds were it to make
use of them without consideration of need ; therefore, the
baseness of all the assistance in the way of relief. Econom-
ical relief and physical relief is need. When the State ex-
tp'Kls relief it is to apply it directly to the relief of the par-
ticular individual whose circumstances demand it. It does
not go to two or three different ones finally to reach the one
who is suffering, but it goes directly to that individual.
"Now, what does the State do to make sure that Indian
relief reaches those in need ? First, it gives authority to the
local public relief officers, who by law are authorized in all
parts of the State to look after the needy poor. The local
authorities who are in the several counties are authorized
to give attention to the needs of an individual, and if, upon
examination, it is found that there is a necessity that the
State shall provide for such an individual, that local reliev-
ing officer is authorized by law to take the necessary and
immediate steps which will give to the needy what is re-
quired. That is followed further by a requirement by law
that is the action is not taken in case of immediate need
the same shall be immediately reported to the State judges.
That is, to the official of the State, who by law is in control
of Indian relief.
"The State Board of Charities is the one department
which has control of Indian relief, and the superintendent
of the State poor is the officer who is responsible for the dis-
tribution of such relief as is required by the needy.
"Many of the Indians are placed in an alms-house, and
the payment of hospital bills when such needy Indians are
taken into hospitals being taken care of. The immediate
I'eci •!rL;-:ent is reported to this special officer of intended
action on the part of the loaning ofl^cial who is warranted
by law to taivo the necessary steps. It then follows that the
appers which are then prepared setting forth the Indian for
whom the assisstance is required are examined, and if ap-
proved the State will pay the bills up to a certain amount
which is affixed by rule, and thereafter until the superin-
tendent directs otherwise relief may be given from time to
time by the local officer to the individual or family. The
50 OFFICIAL RECORD OF INDIAN CONFERENCE
same law applies to all reservations of the State and all of
the Indians of the State.
"It happens that of a total fund of $40,000 appropriated
by the Leg-islatr.re of the State of New York for the relief
of the needy during- the past year, 25% of it was spent for
the relief of needy Indians and the remainder was spent
for the relief of needy white persons in all parts of the
State and for their return to their residential localities in
other States or counties. So you will see, bj'^ the proportion
of 25% for the relief of a total population of 5,825 Indians
upon all the reservations and 75%, for over nine millions of
white people and colored persons in other parts of the State,
that the Indian population of the State of New York re-
ceived at least a fair portion of the total amount of the ap-
propriation provided by the Legislature of the State.
"Sometimes, of course, there is a feeling that the depart-
ment in Albany is not quite as liberal, that it does not give
;i.- ■■',"}; ; :■ i;, de':'"'red on our reservations, that the bills are
looked over too closely ; but if you consider the great popu-
lation o fthe State and the small population of the L^rdians
and the amount that is expended for the relief of Indians,
you will at once say that the superintendent must scrutinize
the bills and must cut out unnecessary items and must re-
fuse applications for relief if they are not absolutely neces-
sary. It sometimes happens that even after the Indians are
dead some local official comes to the conclusion that if he
could only make that dead Indian a State poor person he will
obtain from the department to pay the expenses which
otherwise the family might have to pay or possibly some
other department of the Government would be asked to pay ;
but, a- the Ipv- strictly limits the relief of Indians to those
v;ho p.vc r,-lu?.lly livinof at the time of application, we can-
not take any claims which are made for the reimbursement
of such expenses as that to which I have alluded.
"It seems desirable that the Indians of the State of New
York should be brought to a better recognition of their own
dependence upon their self -ability and to a stronig-f^r deter-
"iiiriatron for thorn to live such an independent life that
they would not rely at all except in cases of extreme need
upon public assistance. We used to think among the white
people that it was a bar-sinister upon the family reputation
to have it said of that family "it was a pauper family," a re-
THE ONONDAGA HISTORICAL ASSOCIATION 51
flection upon ability to do things, involved in the use of the
name 'pauper.'
"Now, we have established schools in the State, health
agencies, and have given treatment in various forms to the
Indians of the State in order that they may stand firmly on
thelx" cwn feet like their feHow citizens do, for there is
everything possible for them to do if they ask the State
to give them a crutch to help them walk.
"I cannot regard the Indians in the consideration of the
relief law other than citizens. When I read the Constitu-
tion of the United States vrhich gives as citizens all persons
bom on the soil of the country, I cannot but feel that if it
covers a yellow child it may well cover a redchild. The
Indian question would be solved by making every Indian a
responsible citizen and give him al Ithe privileges and pro-
tection which the common laws of the republic extend to
the citizens and residents of the country. No aliens are
citizens who are subjects of a foreign nation. We have no
foreign nation within the boundaries of the gi*eat United
States. It is one nation and one people, and those born here
subject to the laws should have the same rights, regardless
of race or color. What we are doig in the administration of
such social laws as the poor law is with this intention and
purpose. If they are in habits, if they are in special
methods of social relations which heretofore they obtained
among Indian tribes which work against their real progress
and advance in civilization, it should be an effort of every
individual to rid the Indian race of such habits and such
methods of life so that they will advance the movement of
their people and so they can stand on the same plane in
every regard with us, their white neighbors.
"I refer to some of the social laws which relate strictly
to abandonments unless there is a marriage relation which
is not a transient one, but a permanent bond. What can you
cy : " ■ ::'' :)"p-'--i:'ly life d.vA the wrong to the child the result of
such a marriage? Our calls for relief are so frequently the
result of desertion, of so-called divorces, of abandonment,
that we regard the social relations as so v/eak that they
ought to be changed to conform to the laws that hold white
man and woman together which only the power of God can
break.
"The State of New York recognizes its responsibility for
52 OFFICIAL RECORD OF INDIAN CONFERENCE
the social welfare, economic welfare of fthe Indians resi-
dent within its borders, and the State Board of Charities
for more than fifty years has been placing on its records
fi-om year to year the evidences of its interest in the wel-
fare of the Indians. It was through that Board and through
the men that compose it that the State has taken over the
Thomas Indian School, formerly a mission school,
"There is one thing, it seems to me, that is forgotten by
those interested in Indian education. It would seem as
though if proper steps were taken by special provision
there would not be so many Indian children wandering
about the reservations Vvithout the opportunity of place-
ment in proper schools. When the Thomas Indian School is
filled to capacity the other children should be placed in
other schols. This has not been operating, and I believe
the reason is because the Indians themselves have not urged
the Board of Charities to perform this function and to in-
sist upon placing in proper schools where the same advan-
tage could be given to the children as in the Thomas Indian
School many of the helpless young Indians who now are
neglected.
"So, let us believe that if the Government has done any-
thing for Indian relief and for the maintenance of the
schools of the State of New York, it has been actuated by
the conviction that the State of New York is sufficiently
capable of managing the Indians within its boundaries and
can be depended upon not to neglect those who need
assistance."
SPEECH AT LUNCHEON— CHAMBER OF
COMMERCE.
Dr. John A. Mtathers, President and presiding officer.
Dr. a. C. Hill, State Director of Indian Schools : —
"I am sorry Wilford Kennedy and Nelson Hare, Seneca
Indians, went fishing, but I do not accept Judge Jenks'
opinion as the last word regarding the status o fthe New
York Indian.
"He says: *I am sorry the primitive instincts of Vv'^il-
ford Kennedy and Nelson Hare started them on a fishing
expedition in October, 1915, and regret still more that Leon
Faxon and Albert Stadelmeir, game constables, did not
THE ONONDAGA HISTORIC.^:. ASSOCIATION 53
know more about treaties with the Indians when they in-
terfered with the innocent amusement of the red men.'
"For this harmless fishing expedition was a poor subject
over which to start something about the legal status of the
Iroquois. It resulted, however, in a kettle of fish that has
caused indigestion to many legal minds, poisoned public
opinion and done great injury to all the Indian communities
in the State.
"The precise question it brought before the court was
whether the conservation law of New York extend to In-
dians maintaining their tribal relation and residing upon
an Indian reservation within the State. This is the exact
language used in the opinion given, but it is understood that
the fishing was done by Indians on the reservation. The
question was very properly decided in the negative.
"The judge, however, injected what lawyers call 'obiter
dicta/ that form no part of the decision, from which the
conclusion is drawn that the State has not and never had
any jurisdiction whatever regarding any matter on the In-
dian reservations of the State. From this latter most icon-
oclastic inference I venture with some hesitation to most
emphatically dissent.
"The legal expression *non sequitus' seems to apply. From
the well-known fact that the treaty-making power is vested
in the Federal Government the conclusion is drawn that all
power is vested in the Federal Government. It is stated that
the State cannot tax Indians, a fact that every one admits,
but it does not seem to follow that the State cannot pass
and enforce laws to promote health, protect property and
secure school attendance. The Federal Government has
assumed over severe major crimees, but has it assumed
jurisdiction in the case of minor crimes and misdemeanors?
It is asserted that there is no distinction between New York
and Western Indians, though Judge Werner is not so sure
about that; he simply says he cannot think of any. There
is apossibility that some one else whose mind is less occu-
pied with other matters, might think of some points of dif-
feernce between conditions East and West. The statement
is made in the decision that since 1871 Congress has gov-
erned the Indian tribes by direct legislation. It is mat-
aer of common knowledge that it has not so governed New
York Indians during this time, nor prior to it. It is ad-
54 OFFICIAL RECORD OF INDIAN CONFERENCE
mitt'xl that a State may act in the absence of affirmative
leg-islation by Congress, and New York has done so in mat-
ters affecting- New York Indians for a long time, as is
proved by the vohime of Indian laws now on the statute
books of the State. It is stated in this far-reaching decision
that this principle has never been applied to coining money,
establishing post offices, declaring war, etc., a very obvious
fact that applied to States as well as reservations, but not
evidence that the State has exceeded its powers in conclud-
ing thirty treaties making innumerable laws affecting
Indians.
"The Cherokee and Gagama cases are invoked, as ghosts
from the spirit world, to awe objectors and prove to the
world that the dead hand of legalism controls legislation in
the twentieth century. Even Judge Marshall, though
learned, was neither omniscient nor infallible. He could
not penetrate the future and make a decision for all time.
The Dred Scott decision had to give way to the higher law
of justice. The Kagama decision was rendered in far-off
California in regard to one of the seven major crimes, and
to school laws in New York.
"The mass of Indian law upon the Federal statute books
was jviVl there, v/ithont doubt, with no thought of New York
Indians and no intent to include the New York reservations.
Congress enacted Indian laws while Western Indians were
eitlie;' s:iv:i^:es or just emerging from their primitive state,
and New York Indians were so well advanced in civilization
as to escape attention as part of the Nation's Indian prob-
lem. It is within comparatively recent years that the
watch dogs of the Senecas have discovered that our fore-
fathers were candidates for the dunce block when they en-
acted the Indian laws that have been accumulating to the
present day.
"The fact seems to be that no authority has exclusive
jurisdiction on Indian reservations. Congress has such
jurisdiction as it has assumed; the Indians have limited
goveriimeiital povrers; the State has its field of activity.
The respective jurisdictions have been reasonably well ob-
served in the past. What authority Congress has assumed
is not disputed. There is no rivalry between Stae and Na-
tion in assuming the white mans burden. Either would
gladly shift it onto the other. It is fair to assume that such
THE ONONDAGA HISTORICAL ASSOCIATION 55
jurisdiction as Congress has not actively assumed falls to
the State. What jurisdiction the State has not assumed is
left to the Indians themselves. The State has granted a
republican form of government to the Senecas; the other
reservations have chiefs who have exercised certain power
tacitly granted by the State. In other matters the State
has assumed full authority and has exercised it without
question by Congress.
"Why, may I ask, disturb existing conditions? Why pore
over musty books to find out what some fallible human be-
ing clothed with the ermine said at a time when present con-
dilioi". '»\ere not even a vision in their minds? There is a
spirit as well as a letter in law, and the ends of justice and
human welfare should not be defeated by a courtdecision
which other decisions contradict.
"Whatever the immediate action may be, the final out-
come will inevitably be that the New York Indians will
lose their racial identity and become a part of the already
cosmopolitan commonwealth, to the mutual advantage or
both races. This is both Federal and State policy. The
New York Indians are nearer the goal than ever. Many
of the reservations are now practically under State laws.
The Tonawandas, the Tuscaroras and the St. Regis have no
courts of their own. Some of the tribes are nearly ready
for citizenship and might obtain it if they so desired.
"A reversal of policy at this time would be supreme folly.
The way out is ahead, not behind. Soon the Federal Gov-
ernment will give up its present parental government over
all Indian tribes ; New York will do the same as soon as the
Indians within its borders are ready and anxious for the
change. The only democracy in store for the IroqOois is to
be obtained by becoming a part of the State and citizens
of it. There is no permanent place for an 'imperium in em-
perio,' in this State or elsewhere. This is no time to plead
the cause of legalism to sustain a reactionary policy. If
there is any flaw in the title of New York to the govern-
mental functions it has been exercising let it be removed by
act of Congress. Let New York perfect its machinery for
enforci^Tp; lav/s on the reservations and the conditions will
then be favorable for steady and permanent progress in
these communities, until by easy gradations the reservations
are fully merged into State and Nation."
66 OFFICIAL RECORD OF INDIAN CONFERENCE
John R. T. Reeves, Chairman Committee on Platform : —
"The Committee on Platform practically unanimously
concluded to confine the statement of the purposes of this.
Conference, as we understand it, to as few words as possible,
and these suggestions are respectfully sumbitted as the vote
of the majority of that committee, with the recomemnda-
tion that a permanent Committee on Platform be appointed
composed of local men who understand the situation and
who will remain here to formulate your work on a broader
platform, as many of us are leaving town and we simply
offer this as a suggestion to your society if you decide to
adopt it with that recommendation.
Whereas, the Indians of the State off New York are rap-
idly approaching that state of civilization which justly en-
titles therii to all the benefits and responsibilities of full
citizenship,
"It is hereby declared, to be the policy of this Conference
that proper legislation be obtained to confer citizenship on
the New York State Indians who have reached that State
of competency which entitles them to citizenship. This is
to be left to such future time as Congres may adjust.
"This platform simply states that there are now a large
number of New York Indians who are competent and ready
for citizenship. Under this provision those who are ready
to acquire citizenship by asking for it, if they are competent,,
it would be given to them, but on the other hand, if they*
were not competent it would not be given to them simply be-
cause they asked for it. They have to be competent and re-
quest it.
"The right of citizenship would give to them and bring
to them the greater responsibility and privileges of citizen-
ship without effecting or disturbing their tribal rights to
property, which necessarily must be in future legislation
by Congress. That is the only body that has the right to
disturb your tribal property rights. There are certain prop-
erty rights belonging to the New York State Indians v»diich
the State Legislature has no power to affect by legislation..
Congress alone is the body that can adjust that matter."
Dr. Erl a. Bates, Chairman :—
"The Governor of the State is profoundly interested in the
New York Indian question and had much to do with Indian
THE ONONDAGA HISTORICAL ASSOCIATION 57
leg-islation during his years in the Assembly. He had
planned to come here, but illness has prevented him. To
show the Indians that he is deeply interested in their inter-
est, he has asked the Lieutenant-Governor, Mr. Walker, to
represent him."
Following the introduction of Governor Walker, Chief
Chapman Schenandoah of the Oneidas presented an arrow
to the ILeutenant-Governor and adopted him into the
Oneida tribe.
LiEUT.-Gov. H. C. Walker: —
"I appreciate very much this token (arrow) that has
been presented to me and all that it implies.
"I sincerely reg-ret that Governor Smith is unable to be
here today, owing to a slight indisposition. He has been
working in the interests of the people of the State in the
performance of his manifold duties as a chief executive
and he has overdone to such an extent that it is absolutely
necessary that he remain in his room for two or three days
in order that he may recover his health an resume his duties
again. I received word yesterdaj^ he would be unable to
come, an he requested me to come and say in his behalf how
deeply he regrets his absence at this time. I am confident
that he had an address which would have been worth all of
your consideration. An address which would have carried
to you direct from him his kindly feelings, his regards and
sentiments and good wishes for your welfare and pros-
perity. Sorry he was unable to come, but I appreciate the
splendid compliment paid m.e in permitting me to come
hre in his behalf, and express his deep consideration for
your welfare, his desire to do everything he can to promote
your interests in every way, shape and manner. You have,
as well as all the rest of the people of the State of New
York, in him a friend who is urgently striving in the inter-
ests of all the people.
"For myself, I bring to you the same good wishes I do
from him, and assure you of my deep sympathy in your ef-
forts in this deliberation to improve your condition in every
way, morally, socially and physically. Anything I may be
privileged to do at any time in that great end I will be
pleased to do. You have my best wishes for the results of
58 OFFICIAL RECORD OF INDIAN CONFERENCE
your Conference that it may be for all you can desire of it
yourselves."
Rev. Dr. W. H. Ketcham, Member U. S. Board Indian Com-
missioners, Director General Catholic Mission Work
Among Indians: —
"I am a product of the West, although my family orig-
inates in New York and I feel very much at home here.
Some of my Iroquois friends might be surprised at the rela-
tionship I might place with them if I had the time,
*'I have been connected with Indian matters for twenty-
eight years — ever since I was a young man. First as a mis-
sionary living among the Indians of Indian Territory, and
lajter in charge of the educational work and then on the
Board of Missions.
"My work has been in contact with every tribe in the
United States and I have visited most all the tribes in the
last year. There are some I have not seen. I have not vis-
ited all the New York reservations, and these are about the
only exceptions.
"This is the most interesting Indian meeting I have ever
attended in my life. I have seen the best spirit manifested
here that I have ever seen. No matter how much you may
differ among yourselves, you seem to have the interest of
the Indians at heart and are trying to find some way of
doing them good. This is the first time in my life I have
seen officials of the State interested in the Indian. Here I
have seen the people of New York and the officials of the
State of New York giving their time and best thought to
the betterment of the New York Indians.
"I have heard Dr. Hill speak. He has spoken with zeal
and his heart is in the work of educating the Indians. He
spoke almost as one inspired.
"I have seen the spirit of zeal to better health conditions
among the Indians of New York.
"I think you are in one way today more fortunate than
any Indian people I know of in the United States. You
seem to have a large body of citizens who are thoroughly
interester in your welfare.
"Now, to you Indian people, I want to ask you today one
question. You, no doubt, realize the motives of these men
are good. You begin to relize that no matter how much
THE ONONDAGA HISTORICAL ASSOCIATION BO
some of the things have frightened you at first they are try-
ing to do something for your benefit, and I would ask you to
co-operate with them as far as you can,
"Indians will not take a step forward unless they know
what they are doing and when they don't see the drift of
what you are doing they will not move. Indians will not
take steps in the dark, and if they are forced to vralk in a
way they don't see clearly they are always pulling back.
As someone said before, 'Indians can be led, but not driven.'
Consequently they perhaps don't respond at once to what
you are doing. They will do anything you ask them to do
that is reasonable."
Malcolm McDowell, Secretary and Member U. S. Board
of Indian Commissioners: —
"Father Eetcha mhas expressed by sentiments exactly
and the United States Board of Indian Commissioners are
to all the problems. I am going to theFarWest
vitally interested in the solution of the New York Indian
question and ready to do all in our power to detemiine,
fairly to all, the problems. I am going to the Far West, but
I am leaving Vvith an intimate knowledge of the Iroquois
that I could not have secured unless I had spent many weeks
on the reservations. I thank you all for the splendid
Conference."
RESOLUTIONS.
Dr. Matthias Nichol, Jr., Chairman : —
"The Committee on Resolutions presents the following
report, which has been adopted by them with the vote of
the majority : —
"Whereas, the State of New York, through its several
departments, has always exercised and is now exercising its
governmental control over the health, education and general
welfare of the Indians resident of the State ; and
"Whereas, there are nearly six thousand Indians upon the
several reservations in the State, members of the Six Na-
tions, who now are possessed of lands and have been guar-
anteed by solemn treaty full protection in the enjoyment of
life, liberty and the pursuit of happiness to the same extent
as are citizens of the United States ; and
60 OFFICIAL RECORD OF INDIAN CONFERENCE
"Whereas, the conditions which exist upon the reserva-
tions and affect the social life of the Indians militate ag-ainst
their welfare and prevent their progress and ability to
maintain themselves to an equal deg-ree with their neigh-
bors who have the benefit of all the laws and courts of
the State and who are full participants in the measures for
the pvomotion of education, the protection of health, the
conservation and welfare of children, the safeguarding- of
life and property by an adequate police system, and by the
various enactments bearing upon social relations; all of
which are necessary to our modern civilized life ;
"Be it therefore
"Resolved: That the several departments of the State
which have relations affecting the welfare of the Indians are
requested to enlarge the scope of their work in behalf of
the Indians that their progress may be more rapid. It is
further
"Resolved: That the Governor and Legislature of the
State of New York are hereby requested to appoint a special
commission, consisting of two members of the State Senate,
three members of the Assembly, and a representatiwe from
the Attorney General's Department, one from the State
Board of Charities, one from the State Department of
Health, and one from the State Department of Education,
which commission shall confer witn the two Committees on
Indian affairs of the Congress of the United States when-
ever the same shall be called together by the President, and
to consider with such committees the relations and status
of the Indians upon the reservations of the State as they
are affected by the State of Ntew York and the Federal Gov-
ernment.
"Be it further
"Resolved : That this Conference cordially approves the
following recommendations in relation to iVtal Statistics
and Midwifery.
VITAL STATISTICS.
"Whereas, all the births, marriages and deaths of the In-
dians of New York State are not being recorded, and
"Whereas, complete records of the events in the life of
every human being within the State are of fvery great im-
TItE O.NONDAGA HISTORICAL ASSOCIATION 61
portance to the welfare and happiness of such individual,
and especially for the purpose of protecting public health;
"Be it
"Resolved : That the Official Conference for the Consid-
eration of the Relations of the New York Indians and the
State and Federal Governments endorse the efforts of the
New York State Department of Health to secure complete
registration of the vital statistics of the Indians; and
furthermore
"Be it resolved : That the Conference urge upon the In-
dians themselves, and upon their leaders, that they co-
operate with the State authorities in perfecting the complete
registration of the vital statistics of the Indians.
MIDWIVES.
"Whereas, many Indian mothers are attended in confine-
ment by Indian women, who practice as midwives ; and
"Whereas, it is of great importance to the health and wel-
fare of such Indian mothers and their babies that they
should be attended at time of confinement, if no re^-ular
physician is employed, by midwives who have had proper
training in the care of women in confinement and their new-
born babies; and
"Whereas, it is one of the purposes of the New York
State Sanitary Code and of the New York State Health
Dc',-:v::iment to promote this object by the licensing and
supervision of midwives,
"Be is resolved: That the Official Conference for the
Consideration of the Relations of the New York Indians
and the State and Federal Governments endorse the efforts
of the New York State Department of Health to establish
the F.ame stardprds ^^nd principles of midwifery practice
among the Indians which obtain among the white people;
and furthermore
"Be it resolved : That this conference urge upon the In-
dians themselves an upon their leaders, that they co-operate
with the State authorities in improving the practice of mid-
wifeiy siiiong '.he Indians.
"SPECIAL HEALTH DISTRICTS.
"And it is further
62 OFFICIAL RECORD OF INDIAN CONFERENCE
"Resolved: That the State Commissioner of Health is
requested to establish, as soon as may be possible, each of
the four principal Indian reservations as a special health
district under the control of the State Department of
Health, and to that end take steps to secure the necessary
legislation therefor."
"MIDWIVES.
SPECIAL HEALTH DISTRICTS.
Mr. Reeves, Chairman of the Committee : — l
" 'Until such time as the proper legislation shall be
adopted.' Most of the Indians do not know the meaning of
this. That clause at the end of the platform simply means
this: That we leave to the future the determination of
what adjustment shall be made to your tribal property
rights. Action at this time would in no way disturb your
existing rights. They are to remain intact as they are to-
day. It may take many years to decide some of the com-
plications conected with the reservations of this State. It
may be ten, fifty or a hundred years, no one can say. In
the meantime those of you who are competent and desire
citizenship certainly should have the right. I can assure it
will in no way interfere with your property rights."
Chief Wm. Rockwell of the Oneidas : —
"I want to say a few words in regard to Indian citizen-
ship.
■ ' '.I- feio '-'ctty wel': of you last night after yesterday's
conference. We were not going to be disturbed in our
rights and it seems no one had a right to disturb us. You
could not disturb us and the Government had no right, still
your platform takes a right; but that part doesn't bother
me or the other Indians here.
"Your platform says we assume the rights of citizenship.
That we have now. Still that was not sanctioned by our
guardian. The idea is, when an Indian votes the conten-
tion of the lawyers and the people who are interested in
the destruction of such a nation will say, 'He is a citizen and
there is his land. Go and tax it.' You want us to become
citizGiis in order to reap the benefits of your work.
"The platform asserts that the Indians can become citi-
THE ONONDAGA HISTORICAL ASSOCIATION 63
zens if they want to and their lands will not be affected or
Subject to taxation until it will be redeemable by who? The
United States Government or the State Government? You
separate Congress from yourself and at the same time you
represent Congress. When you say 'New York State' you
represent a portion of the State.
"Dr. Nichols said we thought you were putting some-
thing over on us. We not only think so, but know so, be-
ca-.ise we have not had one word to say in this resolution.
We want one thing and it will not hurt anj'thing.
"You have adopted a platform and the rest is up to Con-
gress. After we have accepted the rights of citizenship we
might be ready before your Congi-ess is. Why not put in
'i"" r:.e 7 >r';,:s so feel at any time they would like citizenship
and are competent, let them have the power to become citi-
zens, but that shall not be given unless suggested.' That is
gi i' :' V s, ];tr]e show. Thi,'? conference so far has been all
in your power.
"If you will let me have the right to speak of the state-
ments that were made here today I would be pleased.
"In regard to helping the Indians, you say of the appro-
priation of $40,000, for the State's charities, 25% w^as ex-
pended on a little 5,825 Indians and the reninder of 75%
went to the citizens of the State. I do not believe it.
"I am not in touch with any proper statistics, but I am in
touch with a great many people that do not belong here.
They make their money here and when the children are sick
they are cared for by the State and when they have money
enough they leave for Italy, Poland, or some other place.
"I have seen wagons running around in the City of Roch-
ester feeding people that are not citizens of the United
Strte;. Ix ^. e meet you in the things you want us to do we
will do more than any one has ever done.
"When you said, 'What is a reservation ? A strip of land
surrounded by thieves.' I want to say that we are sur-
rounded by nothing else but thieves. Thieves are not the
worst people on earth.
"When you bring Indian people in contact you are going
to have a chance to have something else besides a place to
take care of the sick. You have in the States today Insane
asylums caused by too much freedom in citizenship.
"Don't blame the Indians for the disease Columbus took
g4 OFFICIAL RECORD OF INDIAN CONFERENCE
back with him to Naples which existed twenty-seven years
before Christ. They didn't know what was the cause of it
intil 1885 and have only checked it a few yers ago."
"I am speaking not only for myself but for people who
haven't the education to tell you how they feel. You must
give the Indians of the Onondaga reservation and all other
reservations credit for even being alive and also for having
clothes enough to come down on the street without looking
like they had down south."
"Some people think the Indian ought never to get tired
because he can run. They come down here to work in the
ammunition factories. The woman and girls have helped
ont. They work faithfully and are tired out and become
sick. They are not down and out but they have to go home
to the reservation and stay there and recuperate. How
about an Italian, pole, or some other foreigner in the same
case? When he becomes sick he goes to the hospital. You
have to care for him. I think we should have the same
rights without criticism."
"A while ago I was asked, "Aren't you Indians accus-
tomed when you sell land, in a few years to want it back?'
I told him no. We wait about ten years and when you don't
pay for it why shouldn't we want it back? And when we
want it back we do not charge anything for the use of it.
We are glad to get it back."
"For tho sake of the Indians of New York State, would
it hurt the platform to leave just one day out of two days'
conference to give the Indians just one chance? Would it
hurt to put in the platform to give the Indians a chance
when they feel fit to become citizens ? Such will be fostered
by the same people that has fostered the other point. Would
it be wrong? I will leave it to the committee."
Mr. Reeves : —
"In behalf of the platfoi*m committee the chairman him-
self will take due notice of the time and place of that com-
mittee. It was a matter of great sorrow to me that some of
the members of that committee were absent. After lunch
I endeavored to get in touch with the members of that com-
mittee in an earnest hope that we could accomplish some-
thing. Where some of those members were I do not know.
Personally, I assure you, that there is every reason in the
THE ONONDAGA HISTORICAL ASSOCIATION 65
world to have that platform cooperate with this association
in trying to accomplish in behalf of the Indians."
"I regret exceedingly that it becomes necessary for me
to leave here just at this time when the most interesting
part of this program is coming to surface. That is, the
view point of the Indians."
"I want to assure you, as a representative of the Federal
Government, that it has an earnest desire to safe-guard your
property, to protect your rights and further your interests
in every manner and in every way that we can possibly
do it."
"I wish I could hear the personal views of every Indian
present if it was possible for me to remain over. If this
conference were going to last twenty-four hours longer it
will not be time ill-spent."
"I would like the opportunity of saying to you, not alone
to the members of this conference but particularly to every-
one of the representatives of the Indian Chiefs, if there is
anything that I can do for you at any time I would be only
too glad to do it."
Rev. Louis Bruce : —
"There are two things that have been made clear to me.
One is the legal status of the Indian, the fact that the Fed-
eral Government has control of the Indians ; and the other is
the question of citizenship. If we get that as it is embodied
in the platform, I think we have done a great deal. You
have given us a start we can say that."
"We have been talking about the Indians and what we can
do for him. We want to give him good schools and take
care of his health, and see that he gets plenty to eat, but we
haven't talked much about the man himself — what he
wanted. I have always been interested in that"
"The rights of American citizenshiy is the most prized
thing in the world. There are a good many Indians on our
reservation that are made of good stuff and want to be
American citizens. I am not going more than two more
years without becoming one myself because my boy and girl
are growing up and I want to see them take their part with
the whites ; not because I am ashamed of the Indian blood
for I see I have got to take my place with the Indians. The
thing is, that this platform gives us a way out. It helps
66 OFFICIAL RECORD OF INDIAN CONFERENCE
US. A good many people here do not seem to realize just
what a man who is an Indian has to go through. I found
out Congress will have to pass a law to give citizenship to
us if we want it. I think that this platform is going to take
care of it for us."
George Thomas Head Chief of the Six Nations: —
"It gives me great pleasure to express my opinion on be-
half of this conference brought about by the Onondaga
Indian Welfare Society."
"So far as things have gone I am perfectly satisfied and I
am also pleased to have ail these advantages that the State
is trying to present to us and am especially urging that if
your intentions are to help the Indians of the State of New
York my advice to you is to give him the cream. That
means, don't give him the skimmed milk. As long as you
are doing this, give him the proper thing, because 11 will
be felt more that way; whereas if you just simply went to
work and provided these things occasionally and once in a
while, of course it vv'ill naturally fall down itself and com-
plaints will then arise."
"If you attain these resolutions sanctioned by the United
States Government these resolutions v/ill be brought back
before the various tribes of Indians because you cannot pre-
sent any nation law into any nation v/ithout the acceptance
by the nation. That is the regulation and custom."
"But, as I have said, I have agreed to all the proceedigs
so far as has been transacted. I am not opposed to any of
your transactions and the only thing I v/ant to urge is to go
at it in the proper spirit and hope that my fellow country-
men will not be opposed."
"You have often heard of the various troubles among the
Indians and it is so. It has been so complicated among
themselves that it is a hard matter to solve their problems.
I have heard these problems from the various courts among
the United States citizens and they have never reached any
marked standard of improvements since they have been
drilling this great question and so I say it is a hard matter
to go through all these obstacles and get the Indian his full
rights, but the only v/ay it is to be recognized now is to
give them the best of your ability.
t7-ye onondaga historical association 67
Chief Ricard, Clfrk of the Tuscaroras : —
"I thank you for your generosity and hospitality towards
the Indians. It does an Indian good to be with a white man
that is a v/hite man, I met Dr. Hill in Georgia one time and
I thought he was a white man. We have some there taking
care of the Tuscaroras that were not as white as I am."
"I believe in advance and civilization and I wish some of
you men who are in authority in enforcing this platform
vv^ould put something in for the advance of the Indian."
"Money is what the pale face likes and the Indians are be-
giiiing to like it too."
"Some vfhite men are earnestly trying to help the Indians
but some I know are not. I am willing to cooperate with
every honest white man to advance the Indian but we must
remember that we are like babies compared with your ad-
vance. You have had your education for thousands of
years. We have some Indians, hov/ever, that can compete
with the white men. I knov.' of one who can speak seven
languages."
Mr. Ceylon H. Lewis, State Board of Charities :—
"I think the people of Syracuse and the members of the
Onondaga Historical Association desire to extend a word
to the members of this conference who have come here and
spent tv/o days and have patiently labored here for the good
of the Indians, particularly for the Onondaga Indians."
"We consider ourselves here somevN^hat at the head of the
Iroquois Nation. Here was the ancient council. Here
was the ancient history of the Iroquois. Here were the
battles fought at the time the vv^hites first came here, and
the difference that has come since has certainly emphasized
the good feeling between the whites and Indians which you
have seen exhibited at this conference."
"In behalf of the people of Syracuse and of the Onon-
daga Historical Association, I wish to thank the members of
this conference who have come here and who have dili-
gently spent their time in this matter.
"At the beginning of this conference v/e extended a wel-
come to you people who had come here at this conference.
After your diligent labors, at the close of this conference
we wish to extend our appreciation."
qs official record of indian conference
Rev. Dr. W. M. Beauchamp : —
"My early acquaintance with the Onondaga Indians dates
back more than eighty years. My first visit was, perhj
seventy-five years ago. My first actual contact with them
officially was about fifty-two years ago and I was very much
impressed by one thing that happened that day."
"I had heard a great deal about Indian eloquence. I had
heard it said that the eloquence was very much due to the
interpreters, and I watched when the interpreter came to
interpret. I watched the interpreter and the speaker, and
when the interpreter came along to one he made some mo-
tions and the Indion ansvv'ered, "We are glad to know
that you have come here to us today not to break us down
but to lift us up so we might look to one another's eye.^
horizontally."
"So you see, we want to lift you up so that we can look
into one another's eyes horizontally."
