decision on the Warner's Ranch Case the United States
Supreme Court had an opportunity offered it, once for all to settle the
status of all American Indians. Had it familiarized itself with the laws
of Spain, under which all Spanish grants were made, it would have found
that the Indian was always considered first and foremost in all grants
of lands made. He must be protected in his right; it was inalienable. He
was helpless, and therefore the officers of the Crown were made
responsible for his protection. If subordinate officers failed, then the
more urgent the duty of superior officers. Therefore, even had a grant
been made of Warner's Ranch in which the grantor purposely left out the
recognition of the rights of the Indians, the highest Spanish courts
would not have tolerated any such abuse of power. This was an axiom of
Spanish rule, shown by a hundred, a thousand precedents. Hence it
should have been recognized by the United States Supreme Court. It is
good law, but better, it is good sense and common justice, and this is
especially good when it protects the helpless and weak from the powerful
and strong.

In our dealings with the Indians in our school system, we are making the
mistake of being in too great a hurry. A race of aborigines is not
raised into civilization in a night. It will be well if it is done in
two or three generations.

Contrast our method with that followed by the padres. Is there any
comparison? Yes! To our shame and disgrace. The padres kept fathers and
mothers and children together, at least to a reasonable degree. Where
there were families they lived--as a rule--in their own homes near the
Missions. Thus there was no division of families. On the other hand, we
have wilfully and deliberately, though perhaps without _malice
aforethought_ (although the effect has been exactly the same as if we
had had malice), separated children from their parents and sent them a
hundred, several hundred, often two or three _thousand_ miles away from
home, there to receive an education often entirely inappropriate and
incompetent to meet their needs. And even this sending has not always
been honorably done. _Vide_ the United States Indian Commissioner's
report for 1900. He says:

"These pupils are gathered from the cabin, the wickiup, and
the tepee. _Partly by cajolery and partly by threats; partly
by bribery and partly by fraud; partly by persuasion and
partly by force_, they are induced