Mr. Hancock, of Texas, thought the bill an impolicy, and that the sooner the buffalo was exterminated the better.
Mr. Fort replied by asking him why all the game — deer, antelope, etc. — was not slaughtered also. Then he went on to state that to exterminate the buffalo would be to starve innocent children of the red man, and to make the latter more wild and savage than he was already.
Mr. Baker, of Indiana, offered the following amendment as a substitute for the one already offered:
Provided, That any white person who shall employ, hire, or procure, directly or indirectly, any Indian to kill any buffalo forbidden to be killed by this act, shall be deemed guilty of a misdemeanor and punished in the manner provided in this act.
Mr. Fort stated that a certain clause in his bill covered the object of the amendment.
Mr. Jenks offered the following amendment:
Strike out in the fourth line of the second section the word “can” and insert “shall;” and in the second line of the same section insert the word “wantonly” before “kill;” so that the clause will read:
“That it shall be in like manner unlawful for any such person to wantonly kill, wound, or destroy in the said Territories any greater number of male buffaloes than are needed for food by such person, or than shall be used, cured, or preserved for the food of other persons, or for the market.”
Mr. Conger said: “I think the whole bill is unwise. I think it is a useless measure.”
Mr. Hancock said: “I move that the bill and amendment be laid on the table.”
The motion to lay the bill upon the table was defeated, and the amendment was rejected.
Mr. Conger called for a division on the passage of the bill. The House divided, and there were — ayes 93, noes 48. He then demanded tellers, and they reported — ayes 104, noes 36. So the bill was passed.
On February 25, 1876, the bill was reported to the Senate, and referred to the Committee on Territories, from whence it never returned.
On March 20, 1876, Mr. Fort introduced a bill (H. R. 2767) to tax buffalo hides; which was referred to the Committee on Ways and Means, and never heard of afterward.
This was the last move made in Congress in behalf of the buffalo. The philanthropic friends of the frontiersman, the Indian, and of the buffalo himself, despaired of accomplishing the worthy object for which they had so earnestly and persistently labored, and finally gave up the fight. At the very time the effort in behalf of buffalo protection was abandoned the northern herd still flourished, and might have been preserved from extirpation.
At various times the legislatures of a few of the Western States and Territories enacted laws vaguely and feebly intended to provide some sort of protection to the fast disappearing animals. One of the first was the game law of Colorado, passed in 1872, which declared that the killers of game should not leave any flesh to spoil. The western game laws of those days amounted to about as much as they do now; practically nothing at all. I have never been able to learn of a single instance, save in the Yellowstone Park, wherein a western hunter was prevented by so simple and innocuous a thing as a game law from killing game. Laws were enacted, but they were always left to enforce themselves. The idea of the frontiersman (the average, at least) has always been to kill as much game as possible before some other fellow gets a chance at it, and before it is all killed off! So he goes at the game, and as a general thing kills all he can while it lasts, and with it feeds himself and family, his dogs, and even his hogs, to repletion. I knew one Montana man north of Miles City who killed for his own use twenty-six black-tail deer in one season, and had so much more venison than he could consume or give away that a great pile of carcasses lay in his yard until spring and spoiled.
During the existence of the buffalo it was declared by many an impossibility to stop or prevent the slaughter. Such an accusation of weakness and imbecility on the part of the General Government is an insult to our strength and resources. The protection of game is now and always has been simply a question of money. A proper code of game laws and a reasonable number of salaried game-wardens, sworn to enforce them and punish all offenses against them, would have afforded the buffalo as much protection as would have been necessary to his continual existence. To be sure, many buffaloes would have been killed on the sly in spite of laws to the contrary, but it was wholesale slaughter that wrought the extermination, and that could easily have been prevented. A tax of 50 cents each on buffalo robes would have maintained a sufficient number of game-wardens to have reasonably regulated the killing, and maintained for an indefinite period a bountiful source of supply of food, and also raiment for both the white man of the plains and the Indian. By judicious management the buffalo could have been made to yield an annual revenue equal to that we now receive from the fur-seals—$100,000 per year.
During the two great periods of slaughter—1870-’75 and 1880-’84—the principal killing grounds were as well known as the stock-yards of Chicago. Had proper laws been enacted, and had either the general or territorial governments entered with determination upon the task of restricting the killing of buffaloes to proper limits, their enforcement would have been, in the main, as simple and easy as the collection of taxes. Of course the solitary hunter in a remote locality would have bowled over his half dozen buffaloes in secure defiance of the law; but such desultory killing could not have made much impression on the great mass for many years. The business-like, wholesale slaughter, wherein one hunter would openly kill five thousand buffaloes and market perhaps two thousand hides, could easily have been stopped forever. Buffalo hides could not have been dealt in clandestinely, for many reasons, and had there been no sale for ill-gotten spoils the still-hunter would have gathered no spoils to sell. It was an undertaking of considerable magnitude, and involving a cash outlay of several hundred dollars to make up an “outfit” of wagons, horses, arms and ammunition, food, etc., for a trip to “the range” after buffaloes. It was these wholesale hunters, both in the North and the South, who exterminated the species, and to say that all such undertakings could not have been effectually prevented by law is to accuse our law-makers and law-officers of imbecility to a degree hitherto unknown. There is nowhere in this country, nor in any of the waters adjacent to it, a living species of any kind which the United States Government can not fully and perpetually protect from destruction by human agencies if it chooses to do so. The destruction of the buffalo was a loss of wealth perhaps twenty times greater than the sum it would have cost to conserve it, and this stupendous waste of valuable food and other products was committed by one class of the American people and permitted by another with a prodigality and wastefulness which even in the lowest savages would be inexcusable.
V. Completeness of the Extermination.
(May 1, 1889.)
Although the existence of a few widely-scattered individuals enables us to say that the bison is not yet absolutely extinct in a wild state, there is no reason to hope that a single wild and unprotected individual will remain alive ten years hence. The nearer the species approaches to complete extermination, the more eagerly are the wretched fugitives pursued to the death whenever found. Western hunters are striving for the honor (?) of killing the last buffalo, which, it is to be noted, has already been slain about a score of times by that number of hunters.
The buffaloes still alive in a wild state are so very few, and have been so carefully “marked down” by hunters, it is possible to make a very close estimate of the total number remaining. In this enumeration the small herd in the Yellowstone National Park is classed with other herds in captivity and under protection, for the reason that, had it not been for the protection afforded by the law and the officers of the Park, not one of these buffaloes would be living to-day. Were the restrictions of the law removed now, every one of those animals would be killed within three months. Their heads alone are worth from $25 to $50 each to taxidermists, and for this reason every buffalo is a prize worth the hunter’s winning. Had it not been for stringent laws, and a rigid enforcement of them by Captain Harris, the last of the Park buffaloes would have been shot years ago by Vic. Smith, the Rea Brothers, and other hunters, of whom there is always an able contingent around the Park.