EXCESSIVE GO VERNMENT. The present Superintendent of Ore gon is a very fair man, really interested in the welfare of the Indians, and has done a good deal to secure peace with the treacherous and murderous Snakes, and other southern tribes. Of the whole number of Indians in all Oregon, few are what might be called hostile; though were it not for the government annuities, undoubtedly many would take to cattle-stealing, and other depredations, for a living. Not to pity them, is hardly humane. From having once peopled the whole country, they would make now only a respectable sized country town. Some of their own remarks upon their present condition are full of pathos and power. Said one, to a gentlemen of my acquaintance, "We are like this wild crab-appletree, and you are like the grafts. Soon, there will be only cultivated fruit on this wild stock: it will cease to bear native fruit." In the Willamette Valley lives an old Indian, named McKay-a man of good native intelligence, and as much inde pendence as an Indian ever has. He has, so far, avoided going on the reser vation, and desires, above every thing, to have a piece of land of his own, out side of that. But he cannot pre-empt on the soil where he was born; and to buy'he is not able. He begs some of his White friends to intercede for him with the State or General Government, for a little farm for himself, and to help him send his children to school. So far, however, he has been unsuccessful, and is likely to die, as did the father of Buffalo Goad, "an old man, in a blanket," so far as the privileges of civilization are concerned: for the present system allows him to be neither an Indian nor a White Man, as to privileges. Is it not possible to unite these people under a territorial organization? Would it cost the Government any more to nationalize the Indians, than to keep them upon poor reservations, in different parts of the State, feeding and clothing them just enough to perpetuate their habits of hopeless dependence on the Government? EXCESSIVE GOVERNMENT. ONTESQUIEU wrote, "Hap py is that people whose annals are written in sand." He might have suggested a happier people, whose laws are not statutes, but an enlightened public conscience. The theory that written laws are of public advantage, will, doubtless, not be controverted; but that a limit should be assigned to the number of those laws, by the public acceptance of some underlying principles, is a consummation devoutly to be wished. We have adopted the error of the physician who undertook to enumerate the articles that his convalescent patient might not eat. We adopt the policy of the Old Testa ment, with its multitude of prohibitory laws, rather than that of the New, with its positive injunction of the golden rule, which comprehends the whole decalogue and a thousand times more. The policy of the age is to expend its ingenuity in making the written code of laws every thing, and the men who execute them nothing but mere machines. The genius of other days was employed in making men; it is now exhausted in making laws. We applaud the ambitious legislator who enacts the most laws, and thus hatch a thousand would-be statesmen, who rush to the capitol, bristling with bills for enactment into pestiferous stat I87I.] 433
Excessive Government [pp. 433-437]
Overland monthly and Out West magazine. / Volume 7, Issue 5
Annotations Tools
EXCESSIVE GO VERNMENT. The present Superintendent of Ore gon is a very fair man, really interested in the welfare of the Indians, and has done a good deal to secure peace with the treacherous and murderous Snakes, and other southern tribes. Of the whole number of Indians in all Oregon, few are what might be called hostile; though were it not for the government annuities, undoubtedly many would take to cattle-stealing, and other depredations, for a living. Not to pity them, is hardly humane. From having once peopled the whole country, they would make now only a respectable sized country town. Some of their own remarks upon their present condition are full of pathos and power. Said one, to a gentlemen of my acquaintance, "We are like this wild crab-appletree, and you are like the grafts. Soon, there will be only cultivated fruit on this wild stock: it will cease to bear native fruit." In the Willamette Valley lives an old Indian, named McKay-a man of good native intelligence, and as much inde pendence as an Indian ever has. He has, so far, avoided going on the reser vation, and desires, above every thing, to have a piece of land of his own, out side of that. But he cannot pre-empt on the soil where he was born; and to buy'he is not able. He begs some of his White friends to intercede for him with the State or General Government, for a little farm for himself, and to help him send his children to school. So far, however, he has been unsuccessful, and is likely to die, as did the father of Buffalo Goad, "an old man, in a blanket," so far as the privileges of civilization are concerned: for the present system allows him to be neither an Indian nor a White Man, as to privileges. Is it not possible to unite these people under a territorial organization? Would it cost the Government any more to nationalize the Indians, than to keep them upon poor reservations, in different parts of the State, feeding and clothing them just enough to perpetuate their habits of hopeless dependence on the Government? EXCESSIVE GOVERNMENT. ONTESQUIEU wrote, "Hap py is that people whose annals are written in sand." He might have suggested a happier people, whose laws are not statutes, but an enlightened public conscience. The theory that written laws are of public advantage, will, doubtless, not be controverted; but that a limit should be assigned to the number of those laws, by the public acceptance of some underlying principles, is a consummation devoutly to be wished. We have adopted the error of the physician who undertook to enumerate the articles that his convalescent patient might not eat. We adopt the policy of the Old Testa ment, with its multitude of prohibitory laws, rather than that of the New, with its positive injunction of the golden rule, which comprehends the whole decalogue and a thousand times more. The policy of the age is to expend its ingenuity in making the written code of laws every thing, and the men who execute them nothing but mere machines. The genius of other days was employed in making men; it is now exhausted in making laws. We applaud the ambitious legislator who enacts the most laws, and thus hatch a thousand would-be statesmen, who rush to the capitol, bristling with bills for enactment into pestiferous stat I87I.] 433
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- Pacific Sea-Coast Views, No. II - Capt. C. M. Scammon, U. S. R. M. - pp. 393-398
- Glimmer's Picture-Dream - J. F. Bowman - pp. 399-405
- Jo - Prentice Mulford - pp. 405-408; system: 405-407
- Above All Price - Edgar Fawcett - pp. 408; system: 407
- The Lost Treasure of Montezuma, Part I - Louise Palmer - pp. 409-417; system: 408-417
- Westminster Hall and Its Echoes - N. S. Dodge - pp. 417-424
- The Oregon Indians, Part II - Mrs. F. F. Victor - pp. 425-433
- Excessive Government - Henry Robinson - pp. 433-437
- Rose's Bar - A. Judson Farley - pp. 437-444
- November - Mrs. James Neall - pp. 444
- Maximilian and the American Legion - W. A. Cornwall - pp. 445-448
- Skilled Farming in Los Angeles - John Hayes - pp. 448-454
- Sage-Brush Bill - Dr. George Gwyther - pp. 455-459
- A Few Facts About Japan - George Webster - pp. 459-464
- The Three - W. A. Kendall - pp. 464-468
- The Willamette Sound - Rev. Thomas Condon - pp. 468-473
- Summer With a Countess - Mary Viola Lawrence - pp. 473-479
- Etc. - pp. 480-481
- Current Literature - pp. 481-488
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- Excessive Government [pp. 433-437]
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"Excessive Government [pp. 433-437]." In the digital collection Making of America Journal Articles. https://name.umdl.umich.edu/ahj1472.1-07.005. University of Michigan Library Digital Collections. Accessed June 25, 2025.