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at the territorial offices all the captives; while practically, in most cases, the captives are either solu, at an average of $75 to $100, or held in possession in practical slavery. This state of things of course keeps up a state of hostility among the Indians. The intervention of Congress is asked to put a stop to this practice.

No. 4.--Superintendents and agents. The salary of tlie superintendent should be not less than $2,500 per annum, on account of the expense of living in New Mexico, and the salaries of the agents should be increased. Political considerations instead of personal qualifications, have too often been considered. All should be able to read, write, and speak the English language. The Indians are generally hostile to the Mexicans, and for that reason Americans should be appointed. Agents should be retained in charge of their special tribes, with whose habits they have become aequainted, during good bebavior.

No. 5.-- Reserrations. The Indians should, as rapidly as possible, be concentrated upon reservations from which all whites, except the agents of the government, can be excluded, and where they can be brought to sustain themselves by means of agriculture. A military force should be posted at or near each reservation. A special commission is recommended to select these reservations, this commission to be composed of men of experience in the country, and acquainted with Indian habits. The reservations should not be selected near the mountains, which abound in mineral wealth and will attract the whites.

No. 7.-- Indian depredutions. By a document emanating from the legislature of New Mexico, the following summary is given of the result of Indian hostilities since 1646:

Whites killed, 123 ; whites wounded, 32 ; whites taken away captives, 21. Property stolen: Sheep and goats, 294,740; cattle, 13,473 ; horses and mules, 3,557—valued at $1,377,329 60.

No compensation has been obtained for these losses, although frequent memorials to Con. gress have been forwarded. The people base their claims upon their rights, as citizens, under the 8th and 9th articles of the treaty with Mexico of 1848, and the 17th article of the intercourse law of 1834. A competent board of commissioners is recommended to adjudicaie these claims, for which provision should be made by Congress.

No. 8.-- The Narajoes at the Bosque Redondo. This reservation, on the Pecos river, comprises forty square miles, with Fort Sumner as a centre. A principal acequia or irrigating canal, seven miles long, supplies the lateral canals necessary. There were 2,000 acres under cultivation by the Navajoes, who were running forty-seven ploughs. Vines and fruit trees were coming forward well. Vegetables grow to great size. "South of the fort and east of the Pecos river there are 2,000 acres more of arable land, and more in the immediate vicinity. There is a fine growth of young cottonwoods coming forward, which will eventually furnish fuel. Mesquit root is now plenty for fuel, and other kinds at a distance of twenty-five miles, which can be cut and floated down the river. Pasturage of nutritious grass is abundant; water good, though sometimes brackish. The capacity of the reservation is thought sufficient for both Navajoes and Apaches, but the latter should not be located with the former, as they are not friendly. Four hundred soldiers now keep the peace, but if the Navajoes were sent back to their own country au army would be necessary. The land should be surveyed into small lots and divided among the families,

One Jesse Norton, of California, is said to claim a title to the reservation, under an old Spanish grant. All claimants of such grants should be required to present and prove their claims.

The military authorities had on hand, in February last, supplies for the Navajoes for 300 days. The cost of rations from January 11 to December 31, 1865, to the War Department, was $748,307 87. Mr. Graves thinks the Indians could be supported for $675,000.

No. 9.- Appropriations recommended. Money could be saved to government by purchasing wagons and teams to transport goods and supplies, and hiring teamsters. The stock and wagons would sell for more than cost in New Mexico. A special agent should be designated to take out and distribute goods. The appropriations recommended for the Navajoes and Pueblos would be the last ones needed: those for the Utahs and Apaches are estimated under the understanding that they are to be placed on reservations; it not so placed it is thought $10,000 would be sufficient for each. The amounts recommended are as follows: Navajoes, of which $50,000 for grist-mill... Pueblos, $5,000 for teachers ; $5,000 for books, &c. Apaches, for tools, seeds, &c. Utabs.... General funds.

$150,000

20,000 25,000 25,000 30,000

250,000

No. 10.- Peonage. This system, either in the ordinary Mexican form, that of a state of continual imprisonment or service for debt, or in that of practical enslavement of captive Indians, “is the univer. sally recognized mode of securing labor and assistance." No less than 400 Indians are thus held in Santa Fé alone. Their treatment varies with the whims and feelings of their holders. Sometimes they are, doubtless, better off thun when free. The arguments to sustain the system are the same as those formerly used in behalf of slavery. In spite of the stringent orders of the government, the system continues, and nearly every federal officer held peons in service. The superintendent of Indian affairs had half a dozen. The practice of federal officers sustained it. As an illustration the following correspondence is given :

LAS CRUCES, August 22, 1865. The commanding officer of Fort Selden will allow, and assist, if necessary, the bearer, Don Pedro Garcia, to retain and take in his charge his peon, Antonio Rodriguez, if at said post. By command of General Carleton :

X. H. DAVIS, Assistant Inspector General United States Army. LIEADQUARTERS FORT SELDEX, New MEXICO,

August 22, 1865. COLONEL: Yours of to-day requiring me to assist, in my official capacity, in taking ordelivering to a citizen a peon is received. I desire to be informed explicitly whether I am to take this as a precedent and deliver to any person claiming the person of another.

This is directly contrary to civil law. The laws of the Territory, according to my recollection, have made it a penal offence to return a man to another claiming him as his own. The Piesident of the United States has abolished involuntary servitude ; it is certainly contrary to the established rules and regulations of the government under which we live.

I should like some instructions on this point, if you require me to return those who have escaped from involuntary servitude. It is directly contrary to my opinion of law and justice, and I will only do it on positive and unmistakable orders. I am, colonel, very respectfully, your obedient servant,

J. H. WHITLOCK,

Captain 1st l'et. Inf., Cal. l'ols., Commanding. Colonel N. H. DAVIS, Assistant Inspector General, Las Cruces, N. M.

INSPECTOR GENERAL'S DEPARTMENT,

DEPARTMENT OF NEW MEXICO,

Concordia, Texas, September ), 1865. Your letter of the 22d ultimo has been received, in which your premises taken are wrong and your reasoning fallacious. Peonage is voluntary and not involuntary servitude. The Constitution of the United States or the proclamation of the President does not prohibit it. The statute law of the land expressly recognizes this servitude. It is an apprenticeship, or an agreement between the master and servant, and not only can the master arrest and take his servant peon, but the civil authorities are commanded to arrest and deliver the peon to his master when deserting him. (See Laws of New Mexico, chapter 12; contracts between master and servant, passed by the legislative assembly, 1838 and 1859.)

You now hold a civil prisoner arrested by misitary authority. The question is not whether peonage is a good or bad kind of servitude; it is whether it is recognized by law, and whether when a peon had swindled his master out of a large sum of money and deserted him, taking shelter at a military post, the commander thereof would, by extending the courtesy of aid ing or acting for the civil authorities in surrendering the culprit, violate any obligation of law or duty. It seems that in the case in question he would not.

You ask for explicit instructions, and make use of disrespectful and threatening language. The first will be granted, and the latter this time overlooked.

You are hereby directed so far to aid in the rendition of peons when claimed by their masters, or there is a reasonable cause to believe they have deserted them, as not to allow them to remain on the military reservation. These instructions will be faithfully executed in spirit as well as letter, without evasion. By comınand of General Carleton, commanding department of New Mexico: I am, very respectfully, your obedient servant,

N. H. DAVIS,

Assistant Inspector General l'. S. A. Captain J. H. WHITLOCK,

Commanding Fort Selden, N. M.
The aid of Congress is invoked to stop the practice.

No 11.- Replies to questions by superintendents and agents. These are here presented in full.

OFFICE SUPERINTENDENT INDIAN AFFAIRS,

Santa , January 9, 1866. Sir: In compliance with your request of the 5th instant, propounding certain inquiries with reference to numbers, general conduct, condition, welfare, &c., of the Indians under my charge, I have the honor to submit the following reply:

The number of Indians at present under the charge of this superintendency is composed of three bands of Utahs, to wit: Capotes, numbering 1,000; Wibisnuches, 700; and Mohu:ches, about 700—total, 2,400. The Jicarilla Apaches, 900; and the Pueblos, numbering near 8,000. The two former bands of Ctes are located in the northwest portion of the Territory, with their agency at Abiquin, under the charge of Agent Diego Archuleto and Special Agent Manuel Garcia. The Mohuache Utes and Jicarilla Apaches are located in the southeast part of the Territory, with their agency near Mr. L. B. Maxwell's ranche, and is called the Cimarron agency, under the charge of Agent Manuel G. Galazer. The Pueblo Indians are settled in nineteen villages, or pueblos, situated in different parts of the Territory, but mostly on or near the Rio Grande, under the charge of Agent Toribio Rornero.

The general conduct of the Utes and Jicarilla Apaches has been peaceable when supplied with enough to eat. They live entirely by hunting and what is furnished by the gov. ernment, seeming to have no higher aim in the scale of civilization or industry ; but when pressed with hunger they, like all other Indians, prefer stealing to starvation. All past ex. perience goes to prove that this disposition predominates in the Indian, and will continue so until proper restraint is placed over them, and they made to feel their self-dependence.

There is a small party of the Jicarilla Apaches, three or four in number, who, for some offence committed, have been for years discarded and driven from the band, during which time many murders have been committed in different parts of the Territory that have been charged to them; whether justly so or not I have no positive evidence. Doubtless many of the crimes have been justly attributed to them. These lawless acts very unjustly reflect upon the whole band. Recently a similar occurrence took place among the Utes. Last fall a proposition was made by a few of the Wibisnuches to form an alliance with the Navajoes, which was rejected almost unanimously, whereupon a fight among themselves ensued, in which Cabeza Blanco, one of the principal men, was killed, and others wounded, by four of the Wibisnuche band, who immediately left and have not been permitted to return. A short time since they visited the settlements, killed three Indian and one Mexican child, and stole fourteen horses from the citizens. In this way a few evil-disposed Indians may bring a whole band into disrepute.

With regard to removing the three bands of Utes to that section of country now occupied by the Tabahuaches, in Colorado, I am of opinion that it would be entirely impracticable, those Indians having lived so long in the country now occupied by them that, notwithstanding they have no title to it, they claim it as their own; and, should they ever consent to be colonized, it will have to be done there. The expediency of colonizing them at present presents a question difficult of solution.

The policy and wishes of the government, as well as the di::tutes of humanity, indicate a desire to deal leniently towards the Indians. The question now arises whether they shall be sustained in their seemingly settled purpose to remain as they are, in defiauce, or I might say contempt, of the good intentions towards them on the part of the government. I think not. I am aware that it will require time, patience, and perseverance to concentrate those Utes upon a reservation, and to perfect a system for their munagement and control, but I am satisfied it will be in the end much more economical than the present system.

The government should adopt a stern and rigid policy towards all the wild Indians of this Territory, and when adopted it should be carried out. They may temporize with them for the next century without any beneficial result. The Indians are fully impressed with the belief that all the presents given them by government is done to keep them quiet. I would recommend that, for the present, the agency be removed from Abiquin to Tierra Amarilla, it being more remote from the settlements.

With reference to a location for colonizing the Apaches, and also as to the amicable relations between them and the Navajoes, I would say that I don't approve of too many small reservations in the same Territory, and at the same time I doubt the policy of placing two diffierent tribes, who have 110 good feeling towards each other, upon the same reservation. I would, therefore, recommend two additional reservations, one for the three bands of l'tes, at a point to be selected in the section of country now occupied by the Capotes and Wibis. muches, either on the San Juan or some other of the many streams with which that coun. try abounds, on any of which can be found plenty of good land, timber, and grass. The other to be located, for the Jicarilla Apaches, together with the Mescaleros, should they be brought back, at a point to be selected in the vicinity of Fort Stanton. There is a largo extent of fine land on the Rio Bonito and tributaries, with fine timber and good grazing. Game is more plentiful there than any other portion of the Territory, as well as, being in the country occupied by the Mescalero Apaches, it will be much more easy to locate them there than to remove them to a more distant point.

Reservations should be selected as far from any settlements as can conveniently be ; hence the objection to locating a reservation at or near the Cimarron agency. That country in all probability will, in a few years, be settled, and experience has shown that Indians and whites don't make good neighbors.

The Navajoes, when all collected, will be quite enough for one reservation ; and I should judge they felt more attachment for that place than the Apaches, as the latter have nearly all left.

The robberies and murders committed by the Navajoes is a matter of speculation. These Indians have been for the last five years in the hands of the military, who have had the entire control of them. I have no official information with regard to the crimes committed by them. I believe, however, that some depredations have been committed by Navajoes leaving the reservations, much more by those in open hostility, and not the least part by the Gila Apaches and men with whiter skins. But in order to carry out the programme of those professing opposition to the Bosque, it is to their interest to charge all the crimes committed in the Territory to the reservation Indians. For more full information on this point I would refer you to Generals P-- and Carleton. The number of Navajoes in the Territory now held as unwilling captives or servants, without compensation, it is impossible for me to say, havjpg no data from which to form a correct conclusion. They are scattered promiscuously over the Territory.

I have given my views with reference to this matter in a communication to the Superintendent of Indian Affairs, to which I would respectfully refer you.

The general conduct of the Pueblo Indians is unobjectionable. They live, as remarked before, in nineteen pueblos, for which they all have patents to their lands, except two that have not been surveyed. They speak five different dialects, but frequently resort to the Spanish language, which most of them speak and understand sufficiently to communicate with each other. They are an interesting people-quiet, industrious, and honest. No Indians in the United States are better entitled to the kind favor of the government. I regret to say that not a single school or teacher can be found among them, and they are left to do the best they can towards educating their children. While thousands of dollars are appropriated annually for educational purposes in other superintendencies, not one dollar has been expended in this since the acquirement of the country by our government. This mat. ter has been so often and earnestly brought to the notice of the department that it would seem unnecessary to refer to it again.

During the past year some of the Pueblos have lost almost their entire crop from the overflow of the Rio Grande and the ravages of the grasshopper, avd, notwithstanding they don't complain, no doubt many of them are suffering. They are good farmers, and with some assistance from the government in the way of farming implements, blacksmiths to learn them the art, and schools to teach them the rudiments of a plain education, they would in a few years become good and worthy citizens.

The decrease of Indians in the Territory is attributable to three facts:

First. By death. C'p to this time almost constant warfare has been waged between the Indians and whites, in consequence of which many have been killed.

Second. From migration ; but not to the extent of death.

Third. From the fact of their seldom marrying out of the pueblo, or band; consequently marry relatives.

The several agents of this department are efficient, prompt, and attentive to their official duties, and, so far as my knowledge extends, have the contidence of their various bands of Indians. Very respectfully, your obedient servant,

FELIPE DELGADO,

Superintendent Indian Affairs. Hon. J. K. GRAVES,

l'nited States Special Indian Commissioner, Novo Merico.

SANTA FÉ, New Mexico, January 4, 1866. Sir: In compliance with your favor of the 2d instant, I have the houor to report to you that the natural customs of the Mescalero Apaches traditionally from their past history have consisted in their leading a savage life, hiding themselves in the most barren places in their country, which they considered to be unmolested by the whites. Their personal inclinations are to battle with the white man, and to rob his property, and they consider him always as their enemy, an imperative duty to not abandon its pursuits which they believe themselves.

Their mode of living is in huts of hides, manta or grass, which they remove from time to time, from place to place, with readiness. When any of the family dies they burn his hut and destroy his property, carrying the possessions of the deceased to the grave where his remains are buried; all the tribe make great demonstrations of grief, and then change their habitations to another place. Fer several years I have labored to remove this inal from the Indians, but unsuccessfully. They say it is a point of religion in their customs.

The Mescalero Apaches, as well as all the Indians of this country, are possessed of the

a

idea of their superiority to white men in birth, in race, and in all circumstances. They esteem the favors of the government as rewards for not committing depredations, and as a recompense for their lands, and they resist the migration of the whites. Nevertheless their personal inclinations are docile, susceptible, and easily governed.

For many years these Indians have not taken any interest in civilization, but the change of their removal from their country to the reservation at the Bosque Redondo, has caused them to make a great alteration in their customs, and they have taken a great interest in agriculture, and have given me many proofs that they desire to change their savage life and customs, and to lead a Christian and civilized life. This they have proved, because some of their principal chiefs have baptized their children. In general, all the tribe have shown a lively desire to have schools to educate their children and to instruct them to labor at trades.

This tribe was an object of admiration during the first year passed at the reservation. With very little aid from the government they planted their gardens, corn, melons, watermelons, pumpkins, &c. The earth yielded them a reasonable return for their labor, and they remained in great hope of bettering their harvests in the coming year. And all the tribe manifested to me their desire to be located permanently upon said reservation, for which purpose they begged me to ask, on their behalt, from the general government this reservation, which was granted them.

At the close of the same year the military commander of New Mexico began his work of colonizing the Navajo tribe upon the same reservation.

At first but few came, afterwards large numbers came, all as prisoners of war. Whereupon the Mescaleros began begging to be separated from them; that they could never agrer to live together with their enemies.

For many years the two tribes have been at arms against each other. On seeing these Navajoes located together in the place assigned for them, they, the Mescaleros, desired to be better located on a separate reservation in their own country, where they could not be molested by the Navajoes.

For a long time previous they manifested their wishes to the military commander, to the superintendent of Indian affairs, to the agent, and to the commissioners who came from Washington, but it was not granted them.

Their first lands, which they cultivated for two years, were taken away from them by the commander at Fort Sumner, and delivered to the Navajoes, and the Mescaleros were assigned to another place. They felt this removal very deep, but this measure was only necessary to prevent new difficulties. At last, according to the information I have received, they escaped from the reservation and went to their own country. At the time of their escape I was in charge of the agency at the Cimarron.

It is my firm opinion that had the Mescalero Apaches been let alone in the reservation at the Bosque Redondo, and not been associated there with the Navajoes, they would have permanently remained. And the Jicarilla Apaches in that case would have joined them, and both tribes would have been equal to, within a few years, or in better condition than the Pueblo Indians of New Mexico.

The fuel and pastures prior to the removal of the Navajoes to the present reservation were sufficient to last at least thirty years, from a regular distance, and which difficulty in obtaining it is now felt by the Indians; the multitude of Indians has completely exhausted this article so necessary.

In my opinion, speaking frankly to you, and considering this subject so important to the general government and to the poor Indians, it would not be proper again to bring these Indians to the reservation while the Navajoes remain located there. In that case it would be better for them to locate upon a reservation within their own country, in the vicinity of Fort Stanton, and to induce the Jicarilla Apaches to join them. They are all of the same race, speak the same language, and for many years have lived in peace. The different bands of Apaches have never entered into difficulty. The country recommended for these Indians is healthy, it is the land of their birth, and is blessed with fertile lands for pasturage and agriculture, and minerals, sweet water, an abundance of timber, fruits of various kinds, and mez: cal, which is one of the articles most highly prized by all the bands of Apaches, which they manufacture in large quantities, and is a salutary aliinent of their bodies.

Furthermore, the conduct observed by the Mescaleros while under my charge, gave me sufficient proof of their desisting from superstitions, and I saw them interested in agriculture and the raising of stock. They had their goats to the number of about two hundred, but during many trying periods to them in the reservation, necessity compelled them to be consumed for their own sustenance.

To locate the Jicarillas upon the Bosque Redondo reservation seems to me imp:acticable. Many reasons have been shown to me why they do not consider themselves able to live on said reservation. Because of the unbealthful water, injurious to their bodies; because of the scarcity of fuel and fruits upon which to subsist at seasons, and because of their love for the land of their birth.

Among the Mescaleros exists the same difficulty; in their hearts they love their own coun: try, and, having gone away from the reservation, it is very difficult to bring them to the Cimarron agency without enormous expense to the governnient. Leaving them to dwell in their own country, we will have no further difficulty.

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