100 BUREAU OF AMERICAN ETHNOLOGY [Bull. 197 



on the outskirts of established communities. Some of the more acces- 

 sible Pueblo communities may also have been included in these figures, 

 but this remains conjectural. This census report also provided an 

 estimate of the number of Indians in the territory who were "not enu- 

 merated and who are retaining their tribal character." The figure 

 given for this group Avas 55,100, which implies a total estimated Indian 

 population of 65,552 in the territory at this time (Bureau of the Cen- 

 sus, 1864, pp. 566, 605). 



In the census of 1870, the number of Indians enumerated in Arizona 

 and New Mexico was drastically reduced from the 10,452 reported 

 in 1860 to 1,340, including 31 in Arizona and 1,309 in New Mexico 

 (Bureau of the Census, 1872, p. 7) . In the census of 1880, on the other 

 hand, the number of Indians enumerated in Arizona rose to 3,493, 

 while those in New Mexico numbered 9,772, for a total of 13,265 (Bu- 

 reau of the Census, 1882, table iv, p. 379) . 



The apparent fluctuations between the censuses of 1860 and 1880 

 can probably be attributed in large part to the ambiguity of the in- 

 structions regarding the enumeration of off-reservation Indians. This 

 ambiguity, in turn, stems partially from the difficulties inherent in the 

 concept of "Indians not taxed" and "Indians taxed" whereby the 

 former group was to be excluded from the census while the latter 

 group was to be included. Since many off -reservation Indians were 

 in a condition of pauperism, their inclusion or exclusion was probably 

 a matter of local preference. 



The position adopted by the census office at this time, together with 

 the difficulties inherent in the concept of "Indians taxed" and "Indians 

 not taxed" is clearly set forth in the introductory text (p. xii) of the 

 1870 census report : 



Indians Taxed. — In the abseuse of auy constitutional, legal, or judicial defi- 

 nition of the phrase "Indians not taxed," as found in the Constitution and in the 

 census law of 1850, it has been held for census purposes to apply only to Indians 

 maintaining their tribal relations and living upon Government reservations. 



The broken bands and the scattered remnants of tribes still to be found in 

 many States of the Union, though generally in a condition of paui^erism, have 

 been included in the enumeration of the people. By the fact of brealiing away 

 from their tribal relations they are regarded as having entered the body of citi- 

 zens, and as subject to taxation from the point of view of the Constitution, al- 

 though they may be exempted actually from taxation by local legislation or by 

 the accident of pauperism. It has been held that it was not necessary that a 

 member of this race should be proved to have actually paid taxes, in order to 

 take him out of the class "Indians not taxed," but only that he should be found 

 In a position, so far as the authorities or agents of the census can know, to be 

 taxed were he in possession of property. His pauperism has been regarded as an 

 individual accident, which cannot possibly affect his constitutional relations. . . . 

 The provisions of the Constitution in regard to the enumeration of Indians, 

 being invidious and opposed to the general spirit of that instrument, and even 

 more emphatically opposed to the spirit of recent legislation and of the late con- 

 stitutional amendments, should be construed strictly and not liberally. 



