Letter from Vincent Geiger to James Y. McDuffie, 1859

              [Cover]

M124
Office Supt. Ind Affs
San Francisco Cal
Nov 16-1859.

Communication of V. E. Geiger Ind Agent to James Y. McDuffie Supt. of Ind Affairs for California  --

Respectfully submitted to the Commissioner of Indian Affairs

J Y McDuffie
Supt. Ind Affs.

[Letter P. 1]

Copy
Office Nome Laskee [illegible]
October 30 - 1859

Sir

A "Circular" from your office dated Oct. 21 1859 was received by me a few days since.

In drawing up this Circular you appear to ignore the fact entirely that I as well as yourself am a commissioned Officer of the Government and that my Authority as Agent imenates from the same sources that yours does as Suptdt of Indian Affairs; and further that I am a bonded officer as well as yourself; responsible to the government through my sureties for the discharge of my official duties. Were I an appointee or employe & of this Supt. who alone had this authority to direct my actions and control my official conduct and who was responsible on his bonds for the manner in which my duties were discharged the Circular would doubtless be perfectly correct & defensible, but as I am held by bonds to account to the  Interior Department for all funds and property that may come into my hands as an Indian Agent I submit that I have some discretion in the manner in which and through whom I may conduct the business of my Agency. So that to the Suptd I make report thereof for his approval to the end that the Home Department may eventually act upon it. You may approve or disapprove of my expenditures

[P. 2]

that I as the agent may make &  yet where submitted to the department your action may be confirmed or [addressed?] at pleasure.  While therefore Sir I am responsible on my bonds directly to the Federal Government for the way in which my duties are performed; accountable for the funds and property that may come into my hands and henseforth for the proper management of the agency under my charge I claim to have a discretion in the manner in which my business  shall be conducted not only in reference to plowing the land, sowing the seed and reaping the grain, but also as to the purchases of  such supplies for the Indians as my place as their wants and my own judgement dictates they require provided they do not overstep the limits prescribed by the proper Department nor violate the trust deposed in me by the executive appointment.

This Circular requires that I shall transmit to you quarterly a requisition for all Articles acquired by me and that you will purchase and pay for them at your own descretion --Heretofore under the order of the Indian Department communicated to me through the Late Superintendent and under which my immediate predecessor acted, it was made my duty to estimate for the funds I deemed

[P. 3]

necessary to carry on my Agency. And if approved by the Supt. he was directed to place such funds to my credit with the Department Treasurer U. S. Of the revocation of this order I have no information & of that fact I am still uninformed either by you or the Department through you. It is impossible to estimate in detail each article the necessities of this service may require three months in advance. No man of business especially in farming & [housing?] for Indians can conceive each want before hand. The most trivial article apparently not on hand may stop the labor of a working party for days simply because not estimated for at the commencement of a quarter. The Department in forming this order to the Supt. of Ind Affairs contemplated the avoidance of the very thing this "Circular" seems to desire to bring about.

Before that order the Supdt made the purchases for the agents but to take from the hands of the Supt. the entire control of the purchases and the disbursement of the funds directed that on Estimates made out by the Agents they should receive, disburse & account for their proportion of the appropriations. It cannot be that the Department is desirous of

[P. 4]

concentrating in the hands of the Supt the business appertaining to each agency and make him the purchasing and disbursing officer of the respective agents while it deprives the agent of the power of meeting promply any emergency that may arise in fulfillment of his duties or the successful completion of his work. My instructions from the Department require me to estimate for funds in the following manner and in this form the appropriation has been applied to each: 

1st for the Pay of Indian Agent
2d  "  General and Insidental expenses [embrasing?] expenses of [illegible] of Agents
3.  "  Removal and subsistence of Indians to Reservations in Cal and pay of Physician, Smiths &c
 
And Sir in conformity with such instructions I shall continue to make estimates for funds. If however you do not see proper to approve my estimates in full or in part and place the amount to my credit, my results disasterous to the interests of this Agency must rest with you and not me. I have never been instructed to estimate to the Supt for Goods or directed to fall on him to make purchases for my  Agency. This "Circular" further informs me that "unless otherwise instructed by the department you will "turn over" to me such sums as may

[P. 5]

be allowed by law under the limits of the appropration for your (my) salary and that the employes under your (my) charge". I beg leave to suggest that my salary like that of your own does not comes out of nor is it dependent upon the Indian appropration. It is allowed I believe in the General appropration bill or by special act of Congress creating the agencies and is due to one by virtue thereof without regard to the amount appropriated for or supplied to the Indian Department. When therefore the Congress refuses or neglects to appropriate or the proper department sees fit not to remit my salary, then I must go without it. But unless so approprated and remitted I suggest that you can not refuse to pay it over to me altho' it does in the course of business come through your hands. As to the pay of employes I suppose it [desolves?] upon me as resident agent to pay them off & take their voucers. I certainly have no objections to you exercising "the right to supervise the purchase & transportation of all goods and supplies" made by me or for my Agency, but I shall object unless requested by me to your assumptions of power in purchasing goods for me and expending the money appropriated for that purpose to my agency as for my estimates made quarterly to your office.

[P. 6]

The "Circular" advises me further that "all accounts on credit with any store in your vicinity, or with any persons must cease from and after this date as I shall approve of no bills or vouchers made contrary to this order." If sir you will furnish me with the means to meet the incidential and general expenses of this place, I will have no necessity of making purchases or transacting any busines on credit. To show you how absurd this branch of the "Circular" is let me ask how I am to send a team & wagon to Tehoma for the goods you may purchase and forward to me? How am I to cross the Ferry to obtain the flour you have directed me to furnish to the Nome Cult Indian farm? How in a word am I to meet the various contingencies that arise in business operations of this place? If I am denied the use of the Government money and at the same time forbid contracting any indebtedness on the part of this agency. The commonest understanding it strikes me will at a glance perceive the absurdity of such an imposition.  

There are many articles in the course of a quarter or the year that are needed and which may not have been "estimated" for and hence it is sometimes absolutely necessary that I should make "purchases of goods

[P. 7]

or supplies" and that too from a "store" or some "person" in the "vicinity" of my agency. Heretofore the rule of this Department has been to make such purchases in the immediate vicinity of the Reservation as would be done without detrement to the public interests. Where "goods and supplies" could be purchased from "any store" in the "vicinity" on as favorable terms as eleswhere, it has been done either on credit or for cash and so far as I am concerned I preferred to give what patronage I could properly to the business man in this vicinity and now I can see no good reason for withdrawing from the merchant and tradesman of this section of the country, the patronage of the federal government at my disposal that I may be concentrated upon and thrown into the hands of a few houses within San Francisco or elsewhere.  

If Sir I am not to be supplied with monies nor allowed to transact business on credit how am I in case of an emergency to supply the wants of this place? Should a wagon wheel give way should a [illegible] of harness need repairing; should a team of oxen stray off, should I need a can of wagon grease or an axe handle or any other of a thousand contingencies to which the place is subject occurr am I to let them all pass said "estimates" for them in the next

[P. 8]

quarter?

The "Circular" also directs that I am not to incur "any travelling expenses without previous written application" Where I incur expenses for travelling on business of the Department the bills are submitted to the Suptd and if not allowed they must go through the same solutions as those of any other indebtedness. I protest against any order requiring me to make application to you for a "permit" or "pass" in advance when I deem the necessity of the case requires my absense from the Reservation. If I must seek a "pass" whenever I wish to go to "Tehoma" Red Bluffs, Thomas Creek or any other place to attend to my business of the Reserve it may be to mail a letter, recieve the mail, look after a stray horse, recapture a fugitive indian, then indeed is my authority or power to act for the good of the agency destroyed. To confine my operations within the limits of the Reservation, as though there was nothing to demand my presence beyond there is assuming no state of affairs that ever has existed nor ever can exist on any Reservation. I protest against such an order as condeming my position one of entire dependancy upon you! As castrating me in the rightful & necessary

[P. 9]

exercise of my judgement in the business of my agency. And making my entire business locomotions dependent upon your will. It seems that if I wish to go one mile or one hundred miles from my Agency at an expense of one dollar or one hundred dollars I must first address you at a distance of nearly three hundred miles by a "previous written application" involving a delay of from five to seven days while too absurd as it may appear I cannot go to the Post Office either to forward or recieve a communication on the subject. It is true that a proviso to meet cases of "emergency"  is inserted, but to my mind it is useless. You pass on all my accounts whether for travelling or other expenses; whether incurred in the general context of business or brought about by some sudden emergency". This order is placing a restraint upon my actions and my movement more contemplated in my opinion by the laws or regulations of the Department and hence I protest against it as artibrary, unjust and tyrannical.

My utmost endeavor will be used to carry out that portion of the "Circular" imposing upon me the duty of protecting the public stores from both visitors and [illegible] and I will see that none have entertainment at "public expense" unless they are

[P. 10]

"visitors" "making temporary calls for purposes of business or information." I have an  [illegible ] connected with this agency employes who have wives and children and I respecfully inquire if the families of such employes "must at once be removed".

I have  thus sir, endeavored to show to you that the "Circular" imposes upon me tasks and [illegible] almost impossible to comply with; while it also infringes upon my rights and privaliges as Indian Agent. Practically no man at all acquainted with the service can with a due regard to the interests of the service carry out the propositions suggested, unless it is the instrution of the Supt to aprove all the functions of the Agents and insist in his own person all the [illegible] and duties and [undertake?] to discharge all the obligations of the Agents this "Circular" can but am [illegible] & retard the business of each Agency. While in fact the Agent is hampered and restrained in the business of his Reservation, not allowed to act without directions from the Supt he is held responsible for the proper management of his place, without the power or means to conduct it as his judgement dictates.

Respectfully 
yours &c
Agent Vincent E. Geiger
Ind. Agent

[P. 11]

To
Hon  James Y. McDuffie
Supt Ind Affs
Cal

This [illegible] bring a correct copy of V.E. Geigers communication is respectfully submitted for the [illegible] of the Commissioner of Indian Affairs
 J. Y. McDuffie
Supt Ind Aff

Office Supt Ind Affs
San Francisco Cal
November 16 - 1859