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Seminary notes published by the Seminary of historical and political science online

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NARY NOTES.



State University — Lawrence, Kansas.



Vol. II.



MAY, 1893.



No. 7.



SEMINARY OF HISTORICAL AND POLITICAL SCIENCE.



All studeuts connected with the department
of History and Sociology are. by virtue of such
connection, members of the Seminary. All
students are expected to attend the Seminary
unless excused bj^ the instructors of the depart-
ment. Students are credited with the time
spent in Seminary Avork.

The meetings of the Seminary are held every
Friday, in Room 15, University Building. Pub-
lic meetings will be held from time to time, after
due announcement.

The work of the Seminary consists of special
papers and discussions, on- topics connected
with the Department mentioned ; prepared as
far as possible from consultation of original
sources and from practical investigation of
existing conditions, under the personal direction
of the officers of the Seminary

Special assistance in choice of themes, author-
ities, etc., is given members of the Seminary
who have written work due in the department
of History and Sociology, or in the department
of English, or in any of the literary societies or
other similar organizations in the University ;
on condition that the results of such work shall
be presented to the Seminary if so required.

In connection with the work of the Seminarj',
a Newspaper bureau is maintained. In this the
leading cities of the United States are repre-
sented by some tweniy daily and weekly neAvs-
papers. The principal object of the Bureau is
to enable students to form habits of systematic
reading, to keep informed cm the current topics
of the day, to study the best types of modern
journalism, to learn to discriminate between
articles of temporary value only and those of
more permanent worth, to make a comparative
study of editorial work, to master for the time
being the current thought on an 3^ particular
subject, and to preserve by clippings properl}^
filed and indexed, important materials for the
study of current history and public life — to
make history by the arrangement and classifica-
tion of present historical matter.

Special investigation and study will be under-
taken during each year, bearing on some one or
more phases of the administration of public
affairs in this state ; the purpose being to com-
bine service to the state v/ith the regull^ r work



of professional and student life. In this special
work the advice and co-operation of state and
local officials and of prominent men of affairs is
constantly sought, thus bringing to students the
experience and judgment of the world about
them.

Graduates of our own University, or other
persons of known scholarly habits, who have
more than a passing interest in such work as
the Seminary undertakes, and who are willing
to contribute some time and thought to its suc-
cess, are invited to become corresponding mem-
bers of the Seminary. The onlj^ condition
attached to such membership is, that each cor-
responding member shall prepare during each
University year one paper, of not less than two
thousand five hundred words, on some subject
within the scope of the Seminary ; and present
the same in person at such time as may be
mutuall}' agreed upon by the writer and the
officers of the Seminary, or in writing if it be
found impossible to attend a meeting of the
Seminary.

The library of the University and the time of
the officers of the Seminary are at the service
of corresponding members, in connection with
Seminary work — within reasonable limits.

More than twenty gentlemen, prominent in
official and professional circles, have already
connected themselves with the Seminary, and
have rendered very acceptable service during
past j'ears.

The officers and members of the Seminary
will gladly render all possible assistance to any
public officials who may desire to collect spe-
cial statistics or secure definite information on
such lines of public work as are properly with-
in the sphere of the SeminarJ^

Any citizen of Kansas interested in this work
is invited to correspond with the Seminary, a.nd
to be present at its meetings when possible.

FRANK W. BLACKMAR,

DiRECTOK.

FRANK H. HODDER,

Vice-Director.

EPHRAIM D. ADAMS,

Secretary.



-54



SEMINAR V NO TES.



LIFE AMONG THE CHEROKEES.



EN the northeastern part of the Indian
Territory, is a section of country known
as the Cherokee Nation. It contains
seven thousand eight hundred and sixty-
one square miles, an area nearly as large
as Massachusetts. On the north it is
bounded by the state of Kansas, and on
the east by the states of Missouri and Ar-
kansas. The Canadian and Arkansas riv-
ers form its southern, and the Creek Nation
and the ninety-sixth Meridian West, its
western boundaries. It is a beautiful coun-
try, fertile, well watered and possessing a
fine climate. The eastern half has rich
coal deposits. Much fine timber is found
along the streams. But it is of the insti-
tutions of the people inhabiting this coun-
try that we wish to treat.

The Cherokees are the most advanced
of the five civilized tribes. Their govern-
ment is similar to the state governments.
It has a legislature composed of two
branches, called the council and senate.
The council is composed of thirty-two
members, elected for a term of four years,
half being elected every two years, and is
presided over by a speaker.* The senate
is composed of thirteen members, elected
in the same way and for the same length of
time. It is presided over by the assistant
chief. A bill must pass both senate and
council and be signed by the chief before
it becomes a law. The chief, assistant
chief, secretary of state, treasurer, and
superintendent of public instruction, are
elected directly by the people for terms of
four years. Elections are held in the first
week in August.

The inhabitants of the territory are a
motley group. There are some small
tribes in the northeastern part, namely,
the Quapaws, Peorias, Ottawas, Wyan-



* Anna Laurens Dawes, Harper's Magazine, Vol. 76.
page 598.



dottes, and Senecas, which retain their
tribal relationship though living on land
partly owned by the Cherokees. The
Delawares and Shawnees have been adopt-
ed into the tribe but not with full rights of
Cherokees. They have a suit now in the
courts of the United States, respecting,
their rights under the treaty by which they
entered the Cherokee tribe. There is a
class of negroes who were the slaves of
the Cherokees or are the descendants of
such slaves. They are citizens of the
Cherokee Nation but have not equal rights
with Cherokees, The Cherokees proper
include a great number of whites who have
been adopted into the tribe, and who
enjoy all the rights of citizens. There is
also a class of Indians who claim to be
Cherokees but the records fail to show
that they are entitled to citizenship, and
the courts refuse to recognize their pre-
tended right. They number about seven
thousand. Another class of people living
in the Nation is made up of citizens of the
United States residing there for purposes
of trade, agriculture, cattle raising and
other pursuits. They are not citizens of
the territory.

There is an average of one hundred and
seventy acres of land in the Nation for
every man, woman and child. They have
a patent deed from the government for
their land, but they do not hold it as indi-
vidual property, nor can they hold it as
such. It is owned by the tribe as a whole.
Each citizen is allowed to farm as much
as he pleases, provided that he keeps one-
fourth of a mile from every other citizen.
He may join farms with other citizens,
however, if both parties are agreed. He
can put on his chosen spot of ground, or
farm, all the improvements he wishes and
the farm will be his as long as he desires
to use it, and it will descend to his heirs



SEMINARY NOTES.



155



at his death. Or he can sell his right of
occupancy if he can find a buyer. If at
any time, however, he abandons his place,
any citizen who chooses may occupy it,
and hold it as long as he pleases.

The amount of stock a citizen may own
is not limited by law and this stock he
may pasture anywhere on unfenced land,
each farmer having to fence and care for
his own crops. One would naturally think
that the territory would soon be filled to
overflowing with stock, since there are but
one hundred and seventy acres per capita,
but such is not the case. From four to
twenty is the extent of most Indians' herds,
while the few enterprising ones will own
from several hundred to several thou-
sand. Thus the unfenced land is used
mostly by the few, either for pasture in
the summer or for hay to be used during
the six or eight weeks in winter when the
stock needs other feed than pasture.
Where the land is not pastured the prairie
grass grows from one to two feet high. In
August or September it is cut, raked
together and stacked. The stacks are
fenced to prevent the cattle from tearing
them down before winter. When winter
comes the fences are removed and the
cattle are allowed to go to the stacks at
will.

Most of the Indians and negroes exhibit
no more enterprise in farming than in
stock raising. Ten acres is an average
farm, while one acre will suffice for many.
In agriculture as well as stock raising, the
enterprising ones have great opportunities.
Some of them farm five or six hundred
acres, besides having hundreds of acres
leased to white men from the states. They
have no legal right to lease land to non-
citizens, but they evade the law by hiring
the non-citizens to "break out," fence,
and build on a place, giving as pay, the
right to occupy it for a period varying
from five to twenty-one years, according
to the improvements to be made and the
amicable relations existing between the
parties at the time of making the contract.
Sometimes the lease is given to friends for



life. In this way thousands of acres have
been leased by non-citizens in the last five
years. Farmers in the Nation have the
advantage of not having to pay taxes. At
the expiration of the lease the farm be-
comes the property of the Indian from
whom it was leased, and can be rented by
him. The law prohibits non-citizens, who
farm in the Nation, from having more
than seven head of cattle. To evade this
law, when a man leases from a citizen, the
citizen promises to protect his cattle, by
claiming them as his own. In ihis way
some non-citizens hold four or five hun-
dred head of cattle.

There are two systems of courts in the
territory, the citizens', courts and the Uni-
ted States courts. The former have juris-
diction when both parties are citizens.
Their officers are the sheriffs and deputy
sheriffs. The United States courts have
jurisdiction when both parties are non-cit-
izens or when the controversy is between
a non-citizen and a citizen. The object
of this rule is to , exempt citizens of the
United States from the tribal government.
The officers of the United States courts
are marshals and deputy marshals. These
marshals can arrest only when the United
States courts have jurisdiction, that is,
when an offence is committed by a non-
citizen against a non-citizen, or by a non-
citizen against a citizen, or by a citizen
against a non-citizen. If a marshal sees
a citizen commit an offence against anoth-
er citizen, he has no right to arrest. On
the other hand, a sheriff cannot arrest a
non-citizen. Each marshal is allowed six
deputies and each deputy is allowed two
posse men and one of these may be a dep-
uty sheriff. In that case, and that only,
can an Indian arrest a non-citizen. The
civil and criminal code of Arkansas has
been adopted as the law of the territory
for non-citizens, as far as applicable.
Congress passes such other laws as are
necessary. Courts have been established
at Ft. Smith, Ft. Scott, Wichita and Mus-
cogee for non-citizens. The Ft. Smith
and Muscogee courts have adjudication of



156



SEMINAR Y NO TES.



most cases. The citizens' courts consist
of a supreme court of three judges, at
Talequah, and appellate courts throughout
the Nation.

There is a class of intruders in the
Territory, about seven thousand in
number, who claim citizenship but are
unable to prove their rights. Neither the
U. S. courts nor the citizens' courts have
jurisdiction over them. They are under
the direct control of Congress. The
President has recommended the establish- '
ment of a court to have jurisdiction over
them. The Cherokees are making efforts
to have them removed.

Citizenship is the only qualification for
voting. Any lad among the Cherokees
may vote or be voted for. The polling
places are few in number and widely sep-
arated. When a voter enters a polling
place a sheriff or deputy, with a Winches-
ter, enters after him. No one else is
allowed in the room at the time. After
depositing his vote he passes out, followed
by the officer. This custom of voting at
the muzzle of a gun grew up during the
war and the few years following, for the
Cherokees were divided in sentiment at
that time too.

Nearly all the affairs of the Nation are
settled by the legislature. Support of
schools, questions of finance, license to
railways and telegraph companies, admis-
sion of religious teachers to the privileges of
the nation and the like are all decided in
council. The nation supports common
and high schools, provides charitable
institutions, and fosters churches.

The common schools are small and lo-
cated for the most part along the streams,
for there it is these Indians and negroes
live. The English language is the princi-
pal one taught, though when desired the
Cherokee language is taught also. There
are eighty-six letters in the Cherokee
alphabet. Their laws are printed in
Cherokee and their official paper, the
Cherokee Advocate, is printed half in
Cherokee and half in English. There are
two higher institutions of learning, one



for boys, the other for girls, both situated
three miles from Talequah and three
miles apart. A small tuition fee is charged
here, though if a pupil be unable to pay
he is taught and even clothed at the na-
tion's expense. Unusually bright scholars
are educated at eastern schools at the
expense of the tribe. In the female
seminary at Talequah are taught Latin,
literature, mathematics, the sciences, men-
tal and moral philosophy, rhetoric, and
the branches that lead up to these. In
addition to the subjects already named,
the boys are taught Greek, trigonometry,
and surveying. About- two hundred at-
tend each of these institutions. Only
Cherokees are admitted.

Ninety-five thousand dollars pass into
the hands of the Cherokees each year as
interest on the money that the United
States owes them. Up to the last few
years they have received about the same
amount from the cattle men who leased
the strip. These sources of revenue bear
the expenses of the government. The
Cherokees pay no taxes. On the other
hand what is left after the expenses of the
government have been paid is distributed
among the full citizens.' This may ac-
count in part for inactivity of the Indian
even under favorable conditions. He
knows he will always have land for a home
and that too whenever he wants it, pro-
vided, of course, that no one else is
ahead of him. His few head of cattle
and pony or two can live along the streams
all winter without being provided for, his
fuel costs only the cutting, he has no taxes,
and the government occasionally dis-
tributes its surplus so that by that means
he is able to pay his store bill, while he
farms an acre or two of corn and lives a
life of contented inactivity. The ten-
dency is for the young men to improve
their opportunities and twenty years will
see a great change. However, the senti-
ment is drifting toward allotting the land
and abandoning the tribal organization,
but it takes a long time to make such a
change. They dearly love to be called a



SEMINARY NOTES.



157



nation, and look with suspicion on every
movement to abolish old institutions,
whether made within the tribe or by Con-
gress.

The prohibitory law was well enforced
in the territory up to 1S90, when the
courts decided that malt liquors could be
sold there, as the word malt, through
an oversight, had been left out of the law.
Since the sale of malt liquors has been
permitted other liquors have been sold as
well, for a law that allows the selling of
one kind of liquor and not another is
difficult to enforce. The fine for viola-
tion of the fish and game laws is fifty
dollars and costs. The fine goes to the
officer making the arrest. Those laws, are
frequently violated, especially by friends
of the officers. The law against hauling
fire wood out of the territory is also often
violated, the officers sometimes telling the
offender to get his wood out when he is
not around. Strangely enough the law
against Sabbath breaking is better enforced
than any other.

The marshals and sheriffs ride through
the territory on horseback, armed with
revolvers and rifles. They are men of
nerve, ready to face danger, and quick
shots. The class of criminals with which
they deal makes it necessary to have such
officers since their lives often depend on
their ability to shoot first.

White men. who wish to profit by the
advantages of the territory frequently suc-
ceed in getting adopted into the tribe.
To be adopted into the tribe, the man
must get twelve citizens to make oath that
he is of suitable character, and he must
marry a squaw. He is often called a
squaw-man. He is entitled to all the
rights and privileges of Cherokees and is
no longer under the jurisdiction of the
United States courts. The Indians look
with disfavor on the adoption of citizens,
for it introduces into the tribe an element
unaccustomed to their traditions and
usages, and they fear that this foreign



element will, more than any other cause,
tend to break down their present customs
and institutions. The squaws, however,
frankly admit that they would rather see
their daughters marry white men than
Indians, for the former are more enter-
prising and provide better homes. If a
white man marries a squaw and leaves her
he loses his citizenship. . If she leaves
him, which rarely happens, he retains his
citizenship.

The roads of the territory lie in any
direction and are liable to be fenced
across at any time. When they are cut
up or in any way hard to travel over, some
one starts a new route and the others fol-
low, thus making a new road and abandon-
ing the old. Their country is being rap-
idly settled by non-citizens who are leas-
ing from the Cherokees. The last few
years have seen much of their land brought
under cultivation. If not stopped in a
few years, and it will be difficult to stop,
all the land worth farming will be under
cultivation. That will crowd the citizens
and will make them the more favorable to
allotment. Great economic changes in
in their mode of life are likely to take
place before long. They realize that fact
and do not like the thought of it. Not
that they wish to be unprogressive but
that they dislike to see the customs of
their forefathers dying out. The sale of
the strip is evidence of this change.
Once their hunting grounds, they acknowl-
edge by its sale that they are forced by
circumstances to depend more and more
on agriculture. The strip to them would
be useless. The bringing under cultiva-
tion of their best lands, by non-citizens,
is likely to raise the standard of living
amOng them. It will also show them the
resources of their country and induce a
desire for a more enterprising mode of
life, which will be & long step from ward-
ship towards independence.

A. A. Bessev.



158



SEMINAR Y NO TES.



THE EDUCATION OF THE BLIND IN KANSAS.



FEW weeks ago, I was detailed by
'^'f^ the class in* sociology to visit The
Kansas Institution for the Education of
the Blind and to report, as far as I was
able to ascertain, what our state is doing
to educate and enlighten these unfortunate
ones.

This institution was founded in 1866 by
an act of the state legislature. The city
of Wyandotte donated for the purpose a
ten-acre tract of land, just at the edge of
the old city limits. This land is now with-
in the limits of Kansas City and is valued
at i^6o, 000.00. Here the state constructed
at a cost of |8o,ooo.oo a. two story brick
building, which is now used as the main
building, containing the school-rooms and
dormitories. Since 1866 there has been
expended upon the institution at different
times, for permanent improvements, ^62,-
000.00, which, together with the personal
property, gives the institution a total val-
uation of ^214,000.00.

On the first floor of the main building
may be found the office, parlors, library,
containing some three hundred volumes
adapted to the uses of the blind, the reci-
tation rooms, including the music rooms^
and the teachers' bed-rooms. The second
floor is occupied with the chapel and dor-
mitories ; the latter are all large and well
ventilated rooms ; they are somewhat
scantily furnished but seem to be com-
fortable and clean. Thexe is also a base-
ment to the main building, in which are
the dining room, kitchen, laundry, and
store rooms. The kitchen and dining
room are models of neatness. The cook-
ing is done by steam and the food, which
is necessarily of a good quality, owing to
the fact that much of the blindness is
caused by disease of the nature of scrof-
ula, is exceedingly well prepared. In the



rear of the main building are two smaller
buildings ; one is used as a shop for broom
making, and the other contains the en-
gines and boilers.

The one feature about the buildings and
grounds that seems to be lacking, is prop-
er sanitation. The drainage is not con-
nected with the city sewer system, but is
permitted to empty into a small pond in
the rear of the buildings, where all the
filth imaginable is allowed to collect to
breed disease and sickness. The superin-
tendent has, however, taken hold of the
matter and is now trying to secure a
means of connecting the drainage with the
city sewerage and he hopes through the
aid of the city to accomplish this in the
near future.

There is now at the Institution an en-
rollment of 97, with an average attendance
of 83 pupils. These range all the way
from nine to twenty-one years of age. The
state pays all the expenses of these pupils
during the nine months they are at the
Institution, with the exception of clothing
and railroad fare to and from Kansas
City. There is a law, however, that com-
pels the county in which a pupil lives, to
pay these remaining expenses, in case the
parents or guardians are unable to do so.
Thus Kansas gives to all her blind between
the ages of nine and twenty-one years, an
opportunity to secure an education. Aside
from this, the Institution is purely educa-
tional, having no other features of a home
for the blind.

The educational phase of the Institution
is divided into three departments, literary,
musical, and industrial. In the literary
and music departments the system which
has proved so successful in other institu-
tions of a similar character, known as the
New York point system, is used. In this



SEMINA RY NO TES.



159



system, instead of the raised letters used
almost exclusively some years ago, the
alphabet is represented by raised dots
after ihe following form or plan: — A ••
B :•• C ••. D •: E • F ••■ G..: H.:: I :
J •:• K ••: L :. M :• N.. O.- P •.. Q :..
R .: S •. T . U ... V-.- W ..• X:.: Y . •.
Z •:; Number sign ::: Numerals, i :: 2 •■
3 . : 4 :. 5 •: 6 •: 6 :. 7 . • 8 •. 9 : o • Word



Online LibraryKansas. UniversitySeminary notes published by the Seminary of historical and political science → online text (page 59 of 62)