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United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1863

Colorado superintendency,   pp. 121-151 PDF (13.3 MB)

Page 121

military authority, as it might have in a country properly Indian territory;
such is not the status of things in New Mexico, particularly as to the evils
complained of, they being perpetrated outside of the boundaries proper of
Indian country. 
The fact alluded to by you, to wit, that the government of the United States
furnished means of transportation to the Indian department officials, and
being furnished to the governor, is not a condition precedent for making
Indian department responsible rather than the executive and civil power;
this matter is primarily for the defence of your citizens under your own
and it is specifically made a duty of the governor to see that the law's.of
Territory are enforced. As to waiting for some evidence to be furnished by
the officers of the law in the courts, the answer I would give to that, if
on to reply to the suggestion, is, that if these justices do not do their
duty, it is 
within the province of the executive to make them or remove them. 
The Indian department has no power to issue writs to compel attendance, or
to imprison, but must depend, for the exercise of all the power of this kind
necessary to protect the people under its charge, upon the civil power, and
it is 
made the duty of the Indian agents and superintendents to invoke the aid
the executive for such purposes. This has been done in the case before us,
I trust there will be no delay on the part of the Territorial government
to act 
effectually in the premises. 
Very respectfully, your obedient servant, 
W. F. M. HENRY,                                        Commissioner. 
Secretary of the Territory of New Mexico, 
and Acting Governor, Santa F , N. M. 
No. 50. 
Denver, C. T., October 14, 1863. 
SIR: In compliance with the regulations of the Department of the Interior,
I have the honor to submit my annual report of the condition of Indian affairs
under my superintendency, which duty has been somewhat delayed by my 
necessary absence at the treaty of the Conejos. 
The past year has been one of great anxiety to all parties connected with
Indian service in this Territory, and to its inhabitants generally. 
The frequent depredations on the white settlements, upon travellers on the
great thoroughfares across the plains, and upon the stock and stations of
United States mail-stage lines, by various bands of the several Indian tribes
within this superintendency, has kept the officers of the department and
public in constant apprehension of still more serious difficulties. 
At the present time, however, there seems to be a period of quiet among the
Indians, and a general feeling of security from danger in the public mind.
The peculiar character of the several Indian tribes, both on the plains and
the mountains of Colorado, by which they are divided into small and independ-
ent banjds, which wander over the country as inclination or necessity may
termine them to do, causes great difficulty in ascertaining the really guilty
ties in the commission of these offences, of holding them to an accountability,
and consequently in preventing their repetition. And yet these extensive
divisions of the tribes, and their wide separation in small bands in search
of the 
means of subsistence, has the great benefit of rendering less probable any
eral concert among them for mischievous or hostile purposes. 
These extensive subdivisions of the tribes into small bands are prompted

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