portunity of learning; but I think, if proper pains were taken, that they would willingly make the effort to maintain themselves by their own labor, providing they could be made to believe that the products were their own, for their own use and comfort. It is needless for me to enter into details as to how we were treated on the reservation while there. It is enough to say that we were confined to the reserve, and had to live on what fish we might be able to catch in the river. If this is the kind of civilization awaiting us on the reserves, God grant that we may never be compelled to go on one, as it is much preferable to live in the mountains and drag out an existence in our native manner. So far as living is concerned, the Indians at all military posts get enough to eat and considerable cast-off clothing.

But how long is this to continue? What is the object of the Government in regard to Indians? Is it enough that we are at peace? Remove all the Indians from the military posts and place them on reservations such as the Truckee and Walker River Reservations (as they were conducted), and it will require a greater military force stationed round to keep them within the limits than it now does to keep them in subjection. On the other hand, if the Indians have any guarantee that they can secure a permanent home on their own native soil, and that our white neighbors can be kept from encroaching on our rights, after having a reasonable share of ground allotted to us as our own, and giving us the required advantages of learning, I warrant that the savage (as he is called to-day) will be a thrifty and law-abiding member of the community fifteen or twenty years hence.

Sir, if at any future time you should require information regarding the Indians here, I will be happy to furnish the same if I can. SARAH WINNEMUCCA.

Camp McDermitt, Nevada, April 4th, 1870.

VIII.

LAWS OF THE DELAWARE NATION OF INDIANS.

[Adopted July 21st, A.D. 1866.]

THE chiefs and councillors of the Delaware tribe of Indians convened at their council-house, on the reservation of said tribe, adopted July 21st, 1866, the following laws, to be amended as they think proper:

1

ARTICLE I.

Section 1. A national jail shall be built on the public grounds, upon which the council-house is now situated.

Sec. 2. Any person who shall steal any horse, mule, ass, or cattle of any kind, shall be punished as follows: For the first offence the property of the offender shall be sold by the sheriff, to pay the owner of the animal stolen the price of said animal, and all costs he may sustain in consequence of such theft. But if the offender has no property, or if his property be insufficient to pay for the animal stolen, so much of his annuity shall be retained as may be necessary to pay the owner of said animal, as above directed, and no relative of said offender shall be permitted to assist him in paying the penalties of said theft. For the second offence the thief shall be sent to jail for thirty-five days, and shall pay all costs and damages the owner may sustain on account of said theft. For the third offence the thief shall be confined in jail three months, and shall pay all costs and damages, as above provided.

Sec. 3. If any person shall steal a horse beyond the limits of the reserve, and bring it within the limits thereof, it shall be lawful for the owner to pursue and reclaim the same upon presenting satisfactory proof of ownership, and, if necessary, receive the assistance of the officers of the Delaware nation. And it is further provided, that such officials as may from time to time be clothed with power by the United States agent may pursue such offender either within or without the limits of the reserve.

Sec. 4. Whoever shall ride any horse without the consent of the owner thereof shall, for the first offence, pay the sum of ten dollars for each day and night that he may keep the said animal; and for the second offence shall be confined in jail for the term of twenty-one days, besides paying a fine of ten dollars.

Sec. 5. Whoever shall reclaim and return any such animal to the rightful owner, other than the wrong-doer, as in the last section mentioned, shall receive therefor the sum of two and fiftyhundredths dollars.

Sec. 6. In all cases of theft, the person or persons convicted of such theft shall be adjudged to pay all costs and damages resulting therefrom; and in case of the final loss of any animal stolen, then the offender shall pay the price thereof in addition to the costs and damages, as provided in a previous section.

Sec. 7. Whoever shall steal any swine or sheep shall, for the first offence, be fined the sum of fifteen dollars; ten of which

shall be paid to the owner of the sheep or swine taken, and five dollars to the witness of the theft; for the second offence the thief shall, in addition to the above penalty, be confined in jail for twenty-eight days; and for the third offence the thief shall be confined four weeks in jail, and then receive a trial, and bear such ́ punishment as may be adjudged upon such trial.

Sec. 8. Whoever shall steal a fowl of any description shall, for the first offence, pay to the owner of such animal the sum of five dollars; for the second offence, in addition to the above penalty, the thief shall be confined in jail for twenty-one days. The witness by whom such theft shall be proven shall be entitled to receive such reasonable compensation as may be allowed to him, to be paid by the offender.

Sec. 9. A lawful fence shall be eight rails high, well staked and ridered. If any animal shall break through or over a lawful fence, as above defined, and do any damage, the owner of the enclosure shall give notice thereof to the owner of such animal, without injury to the animal. The owner of such animal shall therefore take care of the same, and prevent his doing damage; but should he neglect or refuse so to do, the animal itself shall be sold to pay for the damage it may have done. But if the premises be not enclosed by a lawful fence, as above defined, the owner of the enclosure shall receive no damages; but should he injure any animal getting into such enclosure, shall pay for any damage he may do such animal.

Sec. 10. Every owner of stock shall have his or her brand or mark put on such stock, and a description of the brand or mark of every person in the tribe shall be recorded by the national clerk.

ARTICLE II.

Sec. 1. Whoever shall maliciously set fire to a house shall, for the first offence, pay to the owner of such house all damages which he may sustain in consequence of such fire; and, in addition thereto, for the second offence shall be confined in jail for the term of twenty-one days.

Sec. 2. Should human life be sacrificed in consequence of any such fire, the person setting fire as aforesaid shall suffer death by hanging.

Sec. 3. It shall be unlawful for any person to set on fire any woods or prairie, except for the purpose of protecting property, and then only at such times as shall permit the person so setting the fire to extinguish the same.

Sec. 4. Whoever shall violate the provisions of the last preceding section shall, for the first offence, be fined the sum of five dollars, and pay the full value of all property thereby destroyed; for the second offence, in addition to the penalty above described, the offender shall be confined in jail for the term of thirty-five days; and for the third offence the same punishment, except that the confinement in jail shall be for the period of three months.

Sec. 5. Any person living outside of the reserve cutting hay upon the land of one living on the reserve, shall pay to the owner of such land the sum of one dollar per acre, or one-half of the hay so cut.

Sec. 6. No person shall sell any wood on the reserve, except said wood be first cut and corded.

ARTICLE III.

Sec. 1. Whoever shall find any lost article shall forthwith return the same to the owner, if he can be found, under the penalty imposed for stealing such article, for a neglect of such duty.

Sec. 2. Whoever shall take any article of property without permission of its owner shall pay the price of the article so taken, and receive such punishment as the judge in his discretion may impose.

ARTICLE IV.

Sec. 1. Whoever shall take up any animal on the reserve as a stray shall, within one week, have the description of such animal recorded in the stray-book kept by the council.

Sec. 2. If the owner of said stray shall claim the same within one year from the day on which the description was recorded, he shall be entitled to take it, after duly proving his property, and paying at the rate of five dollars per month for the keeping of such animal.

Sec. 3. The title to any stray, duly recorded, and not claimed within one year from the date of such record, shall rest absolutely in the person taking up and recording the same.

Sec. 4. Whoever shall take up a stray, and refuse or neglect to record a description of the same, as provided in Section 1 of this Article, shall be deemed to have stolen such animal, if the same be found in his possession, and shall suffer the penalties inflicted for stealing like animals. The stray shall be taken from him, and remain at the disposal of the council, and a description of the same shall be recorded in the stray-book.

ARTICLE V.

Sec. 1. If a person commit murder in the first degree, he shall, upon conviction, suffer the penalty of death; but if the evidence against him be insufficient, or if the killing be done in self-defence, the person doing the killing shall be released.

Sec. 2. Whoever shall, by violence, do bodily harm to the person of another shall be arrested, and suffer such punishment as may on trial be adjudged against him; and should death result from such bodily harm done to the person of another, the offender shall be arrested, and suffer such punishment as may be adjudged against him.

Sec. 3. Whoever shall wilfully slander an innocent party shall be punished for such slander at the discretion of the judge.

Sec. 4. Whoever, being intoxicated or under the influence of liquor, shall display at the house of another, in a dangerous or threatening manner, any deadly weapons, and refuse to desist therefrom, being commanded so to do, and put up such weapons, either by the owner of the house or by any other person, shall for the first offence be fined the sum of five dollars, and pay all damages which may accrue; for the second offence shall be confined in jail twenty-one days, and pay a fine of teu dollars, and pay all damages which may accrue; and for the third offence shall be imprisoned in the jail for thirty-five days, be fined twenty dollars, and pay all damages as aforesaid.

Sec. 5. Officers shall be appointed to appraise all damages accruing under the last preceding section, who shall hear all the evidence, and render judgment according to the law and the evidence.

Sec. 6. Whoever shall, being under the influence of liquor, attend public worship or any other public meeting, shall first be commanded peaceably to depart; and if he refuses, it shall be the duty of the sheriff to arrest and confine such person until he becomes sober; and the offender shall pay a fine of five dollars. Sec. 7. It shall be the duty of the sheriff to attend all meetings for public worship.

Sec. 8. No member of the Delaware nation shall be held liable for any debts contracted in the purchase of intoxicating liquors.

Sec. 9. The United States Agent and the chiefs shall have power to grant license to bring merchandise to the national payment ground for sale to so many traders as they may think proper for the interest of the nation.