USA > West Virginia > Myers' history of West Virginia (1915) Volume II > Part 32
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38
"Contrary to the general opinion, the Indian is not de- creasing in numbers. The full bloods are falling off some- what, but the aggregate of the Indian population is steadily rising. In the call for the conference at Columbus, Professor Arthur C. Parker, of Albany, N. Y., archeologist and ethnolo- gist, secretary of the society, himself a descendant of the Iroquois of the State of New York, puts the number of Indians of the United States at 265,683. In reality the number is still greater. The Indian Office at Washington, from figures com- piled by superintendents of Indian schools and all other sources, places the Indian population of the United States. exclusive of Alaska, at 322,715, on June 30th, 1911. Some of them are found in almost every State. The States which have over 10,000 are: Oklahoma, 117,247; Arizona, 39,216; New Mexico, 21.121 ; South Dakota, 20,352; California, 16,371 ; Washington, 10,997; Montana, 10,814; Minnesota, 10,711 ; and Wisconsin, 10,360. There are 6,046 in the State of New York, chiefly of the old Six Nations, or Iroquois. Of the 117,247 credited to Oklahoma, 101,287 belong to the Five Civilized Tribes (Cherokees, Crecks, Choctaws, Chickasaws and Seminoles). These, however, include 23,345 freedmen, or survivors of the negro slaves of the old days and their de- scendants, and 2,582 intermarried whites.
"The Indian has been figuring with some prominence in the sporting field in recent times. Bender, of the Athletics,
419
History of West Virginia
and Meyer, of the Giants, are close to the head of the list in the baseball profession. The football players of the Carlisle Indian School are the peers of the teams of the big white universities. Thorpe, the Indian who won the penathlon and the decathlon at the recent Olympic games at Stockholm, was acclaimed the world's greatest all-round athlete.
"In several States the red man as a voter would hold the balance between the great parties."
Chief Hollow Horn Bear of the Sioux Indian nation. whose picture appears on the new $5 bills issued by the United States Treasury, died recently in Washington, where he had attended the inauguration of President Wilson and presented a pipe of peace to the "Great White Chief" from the Sioux tribes. Hollow Horn Bear's exact age is not known, but from 1875 on, when the Sioux Indians were causing the government great trouble by their outbreaks, Hollow Horn Bear was recog- nized as one of the leading spirits, and to him were ascribed many of the uprisings among the Sioux. After the uprising of 1889 and 1890. in which Sitting Bull and scores of other nota- ble Indians were killed at the battle of Wounded Knee, in South Dakota, Hollow Horn Bear became a good Indian and from that time forward was one of the leading influences for good and prosperity among his people on the Rosebud reservation. At his last visit to Washington he was presented with the gun he carried in many uprisings, having recognized the old weapon by some of his own windings on the stock.
Hollow Horn Bear's death leaves Chief Red Shirt as the only great warrior chieftain among the Sioux Indians.
CHIEF HOLLOW HORN BEAR
WILLIAM T. BRADBY
121
History of West Virginia
Last Man of the Tribe of Pocahontas and Powhatan.
The subject of this illustration is William T. Bradby, one of the Pamunkey Indians, the last of the great and powerful tribe that produced Powhatan and Pocahontas, the famous Indian princess of early Virginia fame. The most con- spicuous of the early American Indians were the Algonquin race of the Atlantic coast. From the Pilgrim Fathers of New England to the Cavaliers of Virginia the contact of the whites was with this widely scattered people, and among the Algon- quins the most powerful confederacy was that of which low- hatan was chief. Captain John Smith has graphically written of them in his history of Virginia, and today there remain only a few of this once powerful race, yet clinging to the glorious traditions of their past. They reside on a strip of land extending into the Pamunkey River about 20 miles cast of Richmond. There are only 120 left : they have their own laws and communal form of government and a distinct race pride allowing no intermarriage with those of another race.
INDIAN ORATIONS.
Red Jacket on the Religion of the White Man and the Red Man (1805).
Sogoyewapha, nick-named "Red Jacket." from having worn an embroidered scarlet jacket presented to him by a British officer during the Revolution, was chief of a tribe of the Seneca Nation. His home was near Geneva. He was born about 1752 and died in 1830. He fought with the Ameri- cans in the War of 1812.
The following speech was delivered by "Red Jacket" at a council of chieis of the Six Nations in the summer of 1805 after a Mr. Cram. a missionary, had spoken of the work he proposed to do among them.
"Friend and Brother: It was the will of the Great Spirit that we should meet together this day. He orders all things and has given us a fine day for our council. He has taken His garment from before the sun and caused it to shine with
422
History of West Virginia
brightness upon us. Our eyes are opened that we see clearly ; our ears are unstopped that we have been able to hear dis- tinctly the words you have spoken. For all these favors we thank the Great Spirit, and Him only.
"Brother, this council fire was kindled by you. It was at your request that we came together at this time. We have listened with attention to what you have said. You requested us to speak our minds freely. This gives us great joy ; for we now consider that we stand upright before you and can speak what we think. All have heard your voice and all speak to you now as one man. Our minds are agreed.
"Brother, you say you want an answer to your talk before you leave this place. It is right you should have one, as you are a great distance from home and we do not wish to detain you. But first we will look back a little and tell you what our fathers have heard from the white people.
"Brother, listen to what we say. There was a time when our forefathers owned this great island. Their seats extended from the rising to the setting sun. The Great Spirit had made it for the use of Indians. He had created the buffalo, the deer, and other animals for food. He had made the bear and the beaver. Their skins served us for clothing. He had scattered them over the country and taught us how to take them. He had caused the earth to produce corn for bread. All this He had done for His children because He loved them. If we had some disputes about our hunting ground they were generally settled without the shedding of much blood.
"But an evil day came upon us. Your forefathers crossed the great water and landed on this island. Their numbers were small. They found friends and not enemies. They told us they had fled from their own country for fear of wicked men and had come here to enjoy their religion. They asked for a small seat. We took pity on them, granted their request. and they sat down among us. We gave them corn and meat ; they gave us poison in return.
"The white people, brother, had now found our country. Tidings were carried back and more came among us. Yet we did not fear them. We took them to be friends. They called us brothers. We believed them and gave them a larger
123
History of West Virginia
seat. At length their numbers had greatly increased. They wanted more lands; they wanted our country. Our eyes were opened and our minds became uneasy. Wars took place. Indians were hired to fight against Indians. They also brought strong liquor among us. It was strong and powerful, and has slain thousands.
"Brother, our seats were once large and yours were small. You have now became a great people, and we have scarcely a place left to spread our blankets. You have got our country, but are not satisfied ; you want to force your religion upon us.
"Brother, continue to listen. You say that you are sent to instruct us how to worship the Great Spirit agreeably to His mind; and, if we do not take hold of the religion which you white people teach, we shall be unhappy hereafter. You say that you are right and we are lost. How do we know this to be true? We understand that your religion is written in a book. If it was intended for us. as well as you. why has not the Great Spirit given it to us, and not only to us, but why did lle not give to our forefathers the knowledge of that Book, with the means of understanding it rightly. We only know what you tell us about it. How shall we know when to be- lieve, being so often deceived by the white people :
"Brother, you say there is but one way to worship and serve the Great Spirit. If there is but one religion, WHY DO YOU WHITE PEOPLE DIFFER SO MUCH ABOUT IT? WHY NOT ALL AGREED. AS YOU CAN ALL READ THE BOOK? (The Indian's question was not answered then, nor has it been answered since .- AAuthor. )
"Brother, we do not understand these things. We are told that your religion was given to your forefathers and has been handed down from father to son. We also have a re- ligion which was given to our forefathers, and has been handed down to us, their children. We worship in that way. It teaches us to be thankful for all the favors we receive, to love each other, and to be united. We never quarrel about religion.
"Brother, the Great Spirit has made us all, but lle made a great difference between His white and His red children. Ile has given us different complexions and different customs. To you He has given the arts. To these He has not opened
424
History of West Virginia
our eyes. We know these things to be true. Since he has made so great a difference between us in other things, why may we not conclude that He has given us a different religion according to our understanding? The Great Spirit does right. He knows what is best for His children; we are satisfied.
"Brother, we do not wish to destroy your religion or take it from you. We only want to enjoy our own.
"Brother, you say you have not come to get our land or our money, but to enlighten our minds. I will now tell you that I have been at your meetings and saw you COLLECT MONEY FROM THE MEETING. I can not tell what this money was intended for, but suppose that it was for your min- ister; and, if we should conform to your way YOU MAY WANT SOME FROM US.
"Brother, we are told that you have been preaching to the white people in this place. These people are our neigh- bors. We are acquainted with them. We will wait a little while and see what effect your preaching has upon them. If we find it does them good, makes them honest, and LESS DISPOSED TO CHEAT INDIANS, we will then consider again of what you have said.
"Brother, you have now heard our answer to your talk, and this is all we have to say at present. As we are going to part, we will come and take you by the hand, and hope the Great Spirit will protect you on your journey and return you safe to your friends."
Tecumseh to Governor Harrison at Vincennes (1810).
Tecumseh was a chief of the Shawnee tribe and twin brother of Elskwatawa, who was defeated by Harrison at Tippecanoe. He fought with the British in the War of 1812; fought in several battles in Canada; commanded the right wing of the allied Indian and British forces, who were defeated in the Battle of the Thames by General Harrison. He was born about 1768 and died in 1813.
Tecumseh delivered the following address to Governor Harrison in council at Vincennes on August 12, 1810-about three years before his death. Large tracts of land on both
-125
History of West Virginia
sides of the Wabash River had been sold by the Indians during the absence of Tecumseh.
"It is true I am a Shawnee. My forefathers were war- riors. Their son is a warrior. From them I take only my existence ; from my tribe I take nothing. 1 am the maker of my own fortune; and, oh! that I could make that of my red people, and of my country, as great as the conceptions of my mind, when I think of the Spirit that rules the universe. I would not then come to Governor Harrison to ask him to tear the treaty and to obliterate the landmark; but I would say to him : 'Sir, you have liberty to return to your own country."
"The being within, communing with past ages, tells me that once, nor until lately, there was no white man on this continent ; that it then all belonged to red men, children of the same parents, placed on it by the Great Spirit that made them, to keep it, to traverse it, to enjoy its productions, and to fill it with the same race, once a happy race, since made miserable by the white people, who are never contented, but always encroaching. The way, and the only way, to check and to stop this evil, is for all the red men to unite in claiming a common and equal right in the land, as it was at first. and should be yet ; for it never was divided, but belongs to all for the use of each. For no party has a right to sell, even to each other, much less to strangers-those who want all, and will not do with less.
"The white people have no right to take the land from the Indians, because they had it first ; it is theirs. They may sell, but all must join. Any sale not made by all is not valid. The late sale is bad. It was made by a part only. Part do not know how to sell. It requires all to make a bargain for all. All red men have equal rights to the unoccupied land. The right of occupancy is as good in one place as in another. There can not be two occupations in the same place. The first excludes all others. It is not so in hunting or traveling ; for there the same ground will serve many, as they may follow cach other all day: but the camp is stationary, and that is occupancy. It belongs to the first who sits down on his blanket or skins which he has thrown upon the ground : and till he leaves it no other has a right."
CHAPTER XLI.
THE VIRGINIA DEBT QUESTION.
One of the most serious financial situations that confronts West Virginia today is the much debated Virginia debt ques- tion. Without presuming to give any personal views on the matter, we will give to our readers a copy of the opinion of the Supreme Court of the United States as delivered by Mr. Justice Holmes, March 6, 1911 :
"This is a bill brought by the Commonwealth of Virginia to have the State of West Virginia's proportion of the public debt of Virginia as it stood before 1861 ascertained and satis- fied. The bill was set forth when the case was before this Court on demurrer, 206 U. S. 290. Nothing turns on the form or contents of it. The object has been stated. The bill alleges the existence of a debt contracted between 1820 and 1861 in connection with internal improvements intended to develop the whole State, but with especial view to West Virginia, and carried through by the votes of the representatives of the West Virginia counties. It then sets forth the proceedings for the formation of a separate State and the material provisions of the ordinance adopted for that purpose at Wheeling on August 20, 1861, the passage of an act of Congress for the admission of the new State under a constitution that had been adopted, and the admission of West Virginia into the Union, all of which we shall show more fully a little further on. Then follows an averment of the transfer in 1863 to West Virginia of the property within her boundaries belonging to Virginia. to be accounted for in the settlement thereafter to be made with the last named State. As West Virginia gets the benefit of this property without an accounting, on the principles of this decision, it need not to be mentioned in more detail. A
127
History of West Virginia
further appropriation to West Virginia is alleged of $150,000. together with unappropriated balances, subject to accounting for the surplus on hand received from counties outside of the new State. Then follows an argumentative averment of a contract in the Constitution of West Virginia to assume an equitable proportion of the above-mentioned public debt. as hereinafter will be explained. Attempts between 1865 and 1872 to ascertain the two States' proportion of the debt and their failure are averred, and the subsequent legislation and action of Virginia in arranging with the bondholders, that will be explained hereafter so far as needs be. Substantially all the bonds outstanding in 1861 have been taken up. It is stated that both in area of territory and in population West Virginia was equal to about one-third of Virginia, that being the proportion that Virginia asserts to be the proper one for the division of the debt, and this claim is based upon the divis- ion of the State, upon the above-mentioned Wheeling ordi- nance and the Constitution of the new State, upon the recog- nition of the liability by statute and resolution, and upon the receipt of property as has been stated above. Miter stating further efforts to bring about an adjustment and their failure. the bill prays for an accounting to ascertain the balance due to Virginia in her own right and as trustee for bondholders and an adjudication in accord with this result.
"The answer admits a debt of about $33.000.000, but avers that the main object of the internal improvement in connec- tion with which it was contracted was to afford outlets to the Ohio River on the west and to the seaboard on the east for the products of the eastern part of the State, and to develop the resources of that part, not those of what is now West Virginia. In aid of this conclusion it goes into some elabora- tion of details. It admits the proceedings for the separation of the State and refers to an act of May, 1802, consenting to the same, to which also we shall refer. It denies that it received property of more than a little value from Virginia or that West Virginia received more than belonged to her in the way of surplus revenue on hand when she was admitted to the Union and denies that any liability for these items was as- sumed by her Constitution. It sets forth in detail the pro-
428
History of West Virginia
ceedings looking to a settlement, but as they have no bearing upon our decision we do not dwell upon them. It admits the transactions of Virginia with the bondholders and sets up that they discharged the Commonwealth from one-third of its debt and that what may have been done as to two-thirds does not concern the defendant, since Virginia admits that her share was not less than that. If the bonds outstanding in 1861 have been taken up it is only by the issue of new bonds for two- thirds and certificates to be paid by West Virginia alone for the other third. Liability for any payments by Virginia is denied and accountability, if any, is averred to be only on the principle of Sec. 9 of the Wheeling ordinance, to be stated. It is set up further that under the Constitution of West Virginia her equitable proportion can be established by her Legislature alone, that the liquidation can be only in that way provided by that instrument, and hence that this suit cannot be maintained. The settlement by Virginia with her creditors also is pleaded as a bar, and that she brings this suit solely as trustee for them.
"The grounds of the claim are matters of public history. After the Virginia ordinance of secession, citizens of the State who dissented from that ordinance organized a government that was recognized as the State of Virginia by the government of the United States. Forthwith a convention of the restored State, as it was called, held at Wheeling, proceeded to carry out a long entertained wish of many West Virginians by adopting an ordinance for the formation of a new State out of the western portion of the old Commonwealth. A part of Section 9 of the ordinance was as follows :
" 'The new State shall take upon itself a just proportion of the public debt of the Commonwealth of Virginia prior to the first day of January, 1861, to be ascertained by charging to it all State expenditures within the limits thereof, and a just proportion of the ordinary expenses of the State government, since any part of said debt was contracted; and deducting therefrom the monies paid into the treasury of the Common- wealth from the counties included within the said new State «luring the same period.'
History of West Virginia
"Having previously provided for a popular vote, a con- stitutional convention, &c., the ordinance in Section 10 or- dained that when the General Assembly should give its con sent to the formation of such new State, it shouldl forward to the Congress of the United States such consent, together with an official copy of such constitution, with the request that the new State might be admitted into the union of States.
"A constitution was framed for the new State by a con- stitutional convention, as provided in the ordinance, on No- vember 20, 1861, and was adopted. By Article 8, Section 8. 'AAn equitable proportion of the public debt of the Common- wealth of Virginia, prior to the first of January in the year one thousand eight hundred and sixty-one, shall be assumed by this State ; and the Legislature shall ascertain the same as soon as may be practicable, and provide for the liquidation thereof. by a sinking fund sufficient to pay the accruing inter- est, and redeem the principal within thirty-four years.' An act of the Legislature of the restored State of Virginia, passed May 13, 1802, gave the consent of that Legislature to the erec- tion of the new State 'under the provisions set forth in the constitution for the said State of West Virginia."
"Finally Congress gave its sanction by an act of Decem- ber 31. 1862, c.6. 12 Stat. 633, which recited the framing and adoption of the West Virginia constitution and the consent given by the Legislature of Virginia through the last men- tioned act, as well as the request of the West Virginia conven- tion and of the Virginia Legislature, as the grounds for its consent. There was a provision for the adoption of an emanci- pation clause before the act of Congress should take effect. and for a proclamation by the President, stating the fact, when the desired amendment was made. Accordingly. after the amendment and a proclamation by President Lincoln, West Virginia became a State on June 20, 1863.
"It was held in 1870 that the foregoing constituted an agreement between the old State and the new. VIRGINIA V. VIRGINIA, II Wall. 39, and so much may be taken practically to have been decided again upon the demurrer in this case. although the demurrer was overruled without prejudice to any question. Indeed, so much is almost if not quite admitted in
4.30
History of West Virginia
the answer. After the answer had been filed the cause was referred to a master by a decree made on May 4, 1908, 209 U. S. 514, 534, which provided for the ascertainment of the facts made the basis of apportionment by the original Wheel- ing ordinance, and also of other facts that would furnish an alternative method if that prescribed in the Wheeling ordi- nance should not be followed ; this again without prejudice to any question in the cause. The master has reported, the case has been heard upon the merits, and now is submitted to the decision of the Court.
"The case is to be considered in the untechnical spirit proper for dealing with a quasi-international controversy, re- membering that there is no municipal code governing the the matter, and that this Court may be called on to adjust differences that cannot be dealt with by Congress or disposed of by the Legislature of either State alone. MISSOURI V. ILLINOIS, 200 U. S. 496, 519, 520; KANSAS V. COLO- RADO, 206 U. S. 46, 82-84. Therefore we shall spend no time on objections as to multifariousness, laches and the like, except so far as they affect the merits, with which we pro- ceed to deal. See RHODE ISLAND V. MASS., 14 Peters, 210, 257 ; UNITED STATES V. BEEBE, 127 U. S. 338.
"The amount of the debt January 1, 1861, that we have to apportion no longer is in dispute. The master's finding was accepted by West Virginia and at the argument we under- stood Virginia not to press her exception that it should be enlarged by a disputed item. It was $33,897,073.82, the sum being represented mainly by interest-bearing bonds. The first thing to be decided is what the final agreement was that was made between the two States. Here again we are not to be bound by technical form. A State is superior to the forms that it may require of its citizens. But there would be no technical difficulty in making a contract by a constitutive ordi- nance if followed by the creation of the contemplated State. WEDDING V. MEYLER, 192 U. S. 573, 583. And, on the other hand, there is equally little difficulty in making a con- tract by the constitution of the new State, if it be apparent that the instrument is not addressed solely to those who are to be subject to its provisions, but is intended to be under-
431
History of West Virginia
stood by the parent State and by Congress as embodying a just term which conditions the parent's consent. There can be question that such was the case with West Virginia. As has been shown, the consent of the Legislature of the restored State was a consent to the admission of West Virginia under the provisions set forth in the constitution for the woukl be State, and Congress gave its sanction only on the footing of the same constitution and the consent of Virginia in the last- mentioned act. These three documents would establish a contract without more. We may add, with reference to an agreement to which we attach little weight, that they establish a contract of West Virginia with Virginia. There is no refer- ence to the form of the debt or as to its holders, and it is obvious that Virginia had an interest that it was most impor- tant that she should be able to protect. Therefore, West Virginia must be taken to have promised to Virginia to pay ser share. whoever might be the persons to whom ultimately the payment was to be made.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.