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| Millard Fillmore and "Indian Affairs"
by Millard Fillmore
FROM THE MESSAGES AND PAPERS OF MILLARD FILLMORE
State of the Union Address
December 2, 1850
The annexation of Texas and the acquisition of California and New Mexico
have given increased importance to our Indian relations. The various tribes
brought under our jurisdiction by these enlargements of our boundaries are
estimated to embrace a population of 124,000. Texas and New Mexico are
surrounded by powerful tribes of Indians, who are a source of constant
terror and annoyance to the inhabitants. Separating into small predatory
bands, and always mounted, they overrun the country, devastating farms,
destroying crops, driving off whole herds of cattle, and occasionally
murdering the inhabitants or carrying them into captivity. The great roads
leading into the country are infested with them, whereby traveling is
rendered extremely dangerous and immigration is almost entirely arrested.
The Mexican frontier, which by the eleventh article of the treaty of
Guadalupe Hidalgo we are bound to protect against the Indians within our
border, is exposed to these incursions equally with our own. The military
force stationed in that country, although forming a large proportion of the
Army, is represented as entirely inadequate to our own protection and the
fulfillment of our treaty stipulations with Mexico. The principal
deficiency is in cavalry, and I recommend that Congress should, at as early
a period as practicable, provide for the raising of one or more regiments
of mounted men.
State of the Union Address
December 2, 1851
The Secretary of the Interior has suggested in his report various
amendments of the laws relating to pensions and bounty lands for the
purpose of more effectually guarding against abuses and frauds on the
Government, to all of which I invite your particular attention. The large
accessions to our Indian population consequent upon the acquisition of New
Mexico and California and the extension of our settlements into Utah and
Oregon have given increased interest and importance to our relations with
the aboriginal race. No material change has taken place within the last
year in the condition and prospects of the Indian tribes who reside in the
Northwestern Territory and west of the Mississippi River. We are at peace
with all of them, and it will be a source of pleasure to you to learn that
they are gradually advancing in civilization and the pursuits of social
life.
Along the Mexican frontier and in California and Oregon there have been
occasional manifestations of unfriendly feeling and some depredations
committed. I am satisfied, however, that they resulted more from the
destitute and starving condition of the Indians than from any settled
hostility toward the whites. As the settlements of our citizens progress
toward them, the game, upon which they mainly rely for subsistence, is
driven off or destroyed, and the only alternative left to them is
starvation or plunder. It becomes us to consider, in view of this condition
of things, whether justice and humanity, as well as an enlightened economy,
do not require that instead of seeking to punish them for offenses which
are the result of our own policy toward them we should not provide for
their immediate wants and encourage them to engage in agriculture and to
rely on their labor instead of the chase for the means of support.
Various important treaties have been negotiated with different tribes
during the year, by which their title to large and valuable tracts of
country has been extinguished, all of which will at the proper time be
submitted to the Senate for ratification.
The protection of our southwestern frontier and of the adjacent Mexican
States against the Indian tribes within our border has claimed my earnest
and constant attention. Congress having failed at the last session to adopt
my recommendation that an additional regiment of mounted men specially
adapted to that service should be raised, all that remained to be done was
to make the best use of the means at my disposal. Accordingly, all the
troops adapted to that service that could properly be spared from other
quarters have been concentrated on that frontier and officers of high
reputation selected to command them. A new arrangement of the military
posts has also been made, whereby the troops are brought nearer to the
Mexican frontier and to the tribes they are intended to overawe.
Sufficient time has not yet elapsed to realize all the benefits that are
expected to result from these arrangements, but I have every reason to hope
that they will effectually check their marauding expeditions. The nature of
the country, which furnishes little for the support of an army and abounds
in places of refuge and concealment, is remarkably well adapted to this
predatory warfare, and we can scarcely hope that any military force,
combined with the greatest vigilance, can entirely suppress it.
By the treaty of Guadalupe Hidalgo we are bound to protect the territory of
Mexico against the incursions of the savage tribes within our border "with
equal diligence and energy" as if the same were made within our territory
or against our citizens. I have endeavored to comply as far as possible
with this provision of the treaty. Orders have been given to the officers
commanding on that frontier to consider the Mexican territory and its
inhabitants as equally with our own entitled to their protection, and to
make all their plans and arrangements with a view to the attainment of this
object. Instructions have also been given to the Indian commissioners and
agents among these tribes in all treaties to make the clauses designed for
the protection of our own citizens apply also to those of Mexico. I have no
reason to doubt that these instructions have been fully carried into
effect; nevertheless, it is probable that in spite of all our efforts some
of the neighboring States of Mexico may have suffered, as our own have,
from depredations by the Indians.
To the difficulties of defending our own territory, as above mentioned, are
superadded, in defending that of Mexico, those that arise from its
remoteness, from the fact that we have no right to station our troops
within her limits and that there is no efficient military force on the
Mexican side to cooperate with our own.
So long as this shall continue to be the case the number and activity of
our troops will rather increase than diminish the evil, as the Indians will
naturally turn toward that country where they encounter the least
resistance. Yet these troops are necessary to subdue them and to compel
them to make and observe treaties. Until this shall have been done neither
country will enjoy any security from their attacks.
The Indians in California, who had previously appeared of a peaceable
character and disposed to cultivate the friendship of the whites, have
recently committed several acts of hostility. As a large portion of the
reenforcements sent to the Mexican frontier were drawn from the Pacific,
the military force now stationed there is considered entirely inadequate to
its defense. It can not be increased, however, without an increase of the
Army, and I again recommend that measure as indispensable to the protection
of the frontier.
State of the Union Address
December 6, 1852
For full and detailed information in regard to the general condition of our
Indian affairs, I respectfully refer you to the report of the Secretary of
the Interior and the accompanying documents.
The Senate not having thought proper to ratify the treaties which have been
negotiated with the tribes of Indians in California and Oregon, our
relations with them have been left in a very unsatisfactory condition.
In other parts of our territory particular districts of country have been
set apart for the exclusive occupation of the Indians, and their right to
the lands within those limits has been acknowledged and respected. But in
California and Oregon there has been no recognition by the Government of
the exclusive right of the Indians to any part of the country. They are
therefore mere tenants at sufferance, and liable to be driven from place to
place at the pleasure of the whites.
The treaties which have been rejected proposed to remedy this evil by
allotting to the different tribes districts of country suitable to their
habits of life and sufficient for their support. This provision, more than
any other, it is believed, led to their rejection; and as no substitute for
it has been adopted by Congress, it has not been deemed advisable to
attempt to enter into new treaties of a permanent character, although no
effort has been spared by temporary arrangements to preserve friendly
relations with them.
If it be the desire of Congress to remove them from the country altogether,
or to assign to them particular districts more remote from the settlements
of the whites, it will be proper to set apart by law the territory which
they are to occupy and to provide the means necessary for removing them to
it. Justice alike to our own citizens and to the Indians requires the
prompt action of Congress on this subject. The amendments proposed by the
Senate to the treaties which were negotiated with the Sioux Indians of
Minnesota have been submitted to the tribes who were parties to them, and
have received their assent. A large tract of valuable territory has thus
been opened for settlement and cultivation, and all danger of collision
with these powerful and warlike bands has been happily removed.
The removal of the remnant of the tribe of Seminole Indians from Florida
has long been a cherished object of the Government, and it is one to which
my attention has been steadily directed. Admonished by past experience of
the difficulty and cost of the attempt to remove them by military force,
resort has been had to conciliatory measures. By the invitation of the
Commissioner of Indian Affairs, several of the principal chiefs recently
visited Washington, and whilst here acknowledged in writing the obligation
of their tribe to remove with the least possible delay. Late advices from
the special agent of the Government represent that they adhere to their
promise, and that a council of their people has been called to make their
preliminary arrangements. A general emigration may therefore be confidently
expected at an early day.
I commend all these objects, together with the charitable institutions of
the District, to your favorable regard. Every effort has been made to
protect our frontier and that of the adjoining Mexican States from the
incursions of the Indian tribes. Of about 11,000 men of which the Army is
composed, nearly 8,000 are employed in the defense of the newly acquired
territory (including Texas) and of emigrants proceeding thereto. I am
gratified to say that these efforts have been unusually successful. With
the exception of some partial outbreaks in California and Oregon and
occasional depredations on a portion of the Rio Grande, owing, it is
believed, to the disturbed state of that border region, the inroads of the
Indians have been effectually restrained.
Experience has shown, however, that whenever the two races are brought into
contact collisions will inevitably occur. To prevent these collisions the
United States have generally set apart portions of their territory for the
exclusive occupation of the Indian tribes. A difficulty occurs, however, in
the application of this policy to Texas. By the terms of the compact by
which that State was admitted into the Union she retained the ownership of
all the vacant lands within her limits. The government of that State, it is
understood, has assigned no portion of her territory to the Indians, but as
fast as her settlements advance lays it off into counties and proceeds to
survey and sell it. This policy manifestly tends not only to alarm and
irritate the Indians, but to compel them to resort to plunder for
subsistence. It also deprives this Government of that influence and control
over them without which no durable peace can ever exist between them and
the whites. I trust, therefore, that a due regard for her own interests,
apart from considerations of humanity and justice, will induce that State
to assign a small portion of her vast domain for the provisional occupancy
of the small remnants of tribes within her borders, subject, of course, to
her ownership and eventual jurisdiction. If she should fail to do this, the
fulfillment of our treaty stipulations with Mexico and our duty to the
Indians themselves will, it is feared, become a subject of serious
embarrassment to the Government. It is hoped, however, that a timely and
just provision by Texas may avert this evil.
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