Page:U.S. Department of the Interior Annual Report 1873.djvu/12

692 the entire body having been removed to the location indicated. It is now the intention of the Government to separate the members of this tribe and place them with different bands of Indians, taking care in doing this not to separate families, and to keep together, as far as possible, women and children whose husbands and male relatives were destroyed in the conflict.

The Indian is greatly attached to his tribal organization, and it is believed that this example of extinguishing their so-called national existence and merging their members into other tribes, while in reality a humane punishment, will be esteemed by them as the severest penalty that could have been inflicted, and tend by its example to deter hostile Indians in future from serious and flagrant insurrections.

The experience which the Modoc difficulty has furnished the Indian Office will, it is believed, enable that office to take measures calculated to prevent the recurrence of like difficulties under similar circumstances.

The condition of the so-called Indian Territory is practically unchanged during the year, although progress has been made in the permanent location of additional tribes therein. The lawless condition of the Territory, the growing insecurity of life and property, and the manifest indisposition of the tribes there resident to accept voluntarily any improved form of government whereby existing difficulties might be avoided, would seem to call for some legislation to effect an improvement in the status of the Territory. It is to be regretted that the Ocmulgee constitution, with the amendments heretofore suggested by you, was not adopted by the council of tribes to whom it was submitted, as I am well convinced that such action on their part would have been attended by the most beneficial results. Recent information induces the belief that the opposition heretofore offered to those amendments by the Indians will be withdrawn at the next meeting of their council, and that the constitution will be adopted as amended. If it shall not be adopted, and Congress shall not deem it advisable to erect a territorial government within the Indian Territory, I trust that the necessary legislation may be obtained to at least provide for the organization of a court or courts therein, under the jurisdiction, so far as the appointment of the judicial officers is concerned, of the Federal Government. The necessity which now compels the resort to a court in an adjoining State involves a burden of expense to litigants as well as to our Government which operates as almost a bar to justice, and produces a condition of anarchy throughout the Territory under which life and property are in jeopardy to an extent almost equal to that in territory occupied by tribes making no pretense of civilization.

Attention is invited to the condition of the so-called Mission Indians of Southern California, as set forth in the interesting report of the