stating the diflienlties in the case: "Firstly, what disposition is to be made of weapons taken foreibly froin these Indiuns Sccondly, many of these Indians are intelligent, only using weapons wheu any well-disposed white person would have done so and if one class is disarmed, all must he :" on which the commissioner so modified his order as to say that " peace ably disposed Indians" might keep the usual weapons used by them in hunting; but whenever they visited agencies or towns they must deliver np all weapons to the agent, who would re- ceipt for them, and return them "at proper times." This or- der is to be enforced, if possible, by an "appeal to their better judgment."

There are no records of the practical working of this order. Very possibly it fell at once, by its own weight, into the al ready large category of dead-letter laws in regard to Indians It is impossible to imagine an Indian who had serred four years as an officer in the army (for the Delawares oflicered their own companies) submitting to be disarmed by an agent on any day when he might ced to go to Atchison on business. Probably the commissioner recommends, wonld only draw from him a even that "appcal to his better jndgment" wich very forcible stateinent to the effect that any man who went about in Kansas at that time unarmed was a fool. In 1866 the Indian Commissioner reports that "the State of Kansas is fast being filled by an energetic population who appreciate good land; and as the Indian reservations were se lceted as bcing the best in the State, but one result can be ex pecied to follow.

"Most of the Indians are anxious to move to tihe Indian country south of Kansas, where white settlers cannot interfere with them

Intermingled as the Kansas rescrvations are with the pnb- lie lands, and surrounded in most cases by white settlers who too often act on the principle that an Indian has no rights