be in equity due them. Indians are not unreasonable when fairly dealt with, and as they are about starting out as citizens under this act, aid will be of greater benefit now than heretofore, and is more needful now than it can be at any future time." (See pages 17, 18, and 19 of the report.)

The Secretary of the Interior, in transmitting the report to the President of the United States, refers to the subject in these words:

"The alleged claim of the Pillagers for further compensation for land ceded under the treaty of 1847 is a matter for consideration by Congress, and I would recommend that it be brought to the attention of that body. The statement upon which this claim is based by the Indians is set forth in the report of the commission." (See p. 4 of H. R. Ex. Doc. No. 247.)

The President of the United States, in transmitting the report to Congress,

says:

"The commissioners did not escape the embarrassment which unfortunately too often attends our negotiations with the Indians, viz, an indisposition to treat with the Government for further concessions while its obligations incurred under former agreements are unkept. I am sure it will be the disposition of Congress to consider promptly, and in a just and friendly spirit, the claims presented by these Indians through our commissioners, which have been formulated in the draft of a bill prepared by_the_Secretary of the Interior and submitted herewith." (See pp. 1 and 2, Ex. Doc. No. 247.)

On May 14, 1890, the Senate of the United States adopted a resolution calling on the Secretary of the Interior to report to the Senate, as soon as practicable, as to the facts alleged by the Pillager Bands relating to the nonfulfillment of the treaty of 1847.

The Secretary of the Interior called upon the Commissioner of Indian Affairs for a report of the facts.

On May 31, 1890, R. V. Belt, acting commissioner, made a report to the Secretary of the Interior, which is printed as Senate Executive Document No. 137, Fifty-first Congress, first session. Therein will be found an interesting statement of the history of the case.

No action seems to have been taken by Congress upon the recommendation of the Commissioner of Indian Affairs, made in Senate Executive Document No. 137, until the Sixty-fourth Congress, first session, when a bill (S. 6016) was introduced for the relief of the Pillager Bands of Chippewa Indians of Minnesota.

The Secretary of the Interior, having been called upon by the Senate Indian Committee for a report, addressed a letter, dated May 26, 1916, to the chairman of the Committee on Indian Affairs, United States Senate, recommending some slight amendments, and saying:

"Should the bill be amended as indicated, I would recommend that it receive the favorable consideration of the committee."

The bill, as amended, was reported favorably to, and passed by, the Senate at the Sixty-fourth Congress, but did not pass the House.

(A copy of the committee's report on the bill (S. Rept. 545, 64th Cong., 1st sess.) is attached hereto.)

In the Sixty-fifth Congress a similar bill was introduced for the relief of the Pillagers; but that bill likewise died with the Sixty-fifth Congress.

The bill under consideration by your committee (H. R. 6493) was referred to the Secretary of the Interior for a report; and under date of February 21, 1924, the Secretary, after referring to Senate Executive Document No. 137, Fifty-first Congress, first session, and Senate Report No. 545, Sixty-fourth Congress, first session, both of which are filed herewith, says:

"It does not appear that there is any legal merit in the claim, and the treaty of August 21, 1847, upon which the claim is based, states that 'The cession was completed and the consideration fully agreed upon and paid.'

First, just what is meant by the Secretary's statement that no "legal merit " appears in the claim, we do not know. Until Congress acts, the claims have no standing in any court, and in that sense only it may be said that no legal merit appears in the claim.

In the next place, the statement that the treaty of 1847 says that "The cession was completed and the consideration fully agreed upon and paid" was an unintentional error; for, upon examination, it will appear that the language quoted does not occur in the treaty.

FUBLIC DOCUMENTS SUBMITTED

At the oral hearing reference was made to several public documents, which are herewith submitted, and for the convenience of the committee pages have been marked which contain specific reference to the claim of the Pillager Bands under the treaty of 1847.

1. House of Representatives, Executive Document No. 247, Fifty-first Congress, first session.

2. Senate Executive Document No. 137, Fifty-first Congress, first session. 3. Senate Report No. 545, Sixty-fourth Congress, first session.

(1) No. 247 is an extensive report made by the Chippewa Commission of its work under and pursuant to the act of January 14, 1889 (25 Stat. 642).

Proceeding under the directions of the statute, the commission, ex-Senator Henry M. Rice being chairman, proceeded to hold councils with the several bands of Minnesota Chippewa.

Councils with the Pillagers began on August 8, 1889, at Leech Lake and continued for two weeks or more at various points in the Pillager country.

On August 10, 1889, at the Leech Lake council, after preliminaries had been arranged and the commission was about to enter upon its negotiations, No-tinnah-quah-um, on behalf of the Pillagers, addressed Chairman Rice on the subject of the old Pillager claim.

He was followed by another Pillager leader, Wob-on-a-quay. To them Mr. Rice made reply at considerable length. The three speeches will be found on

pages 122, 123, and 124 of Document No. 247.

At the fourth Leech Lake council on August 12, 1889, on pages 125, 126, 127, and 128 will be found speeches on the same subject by other Pillager leaders, Song-ge-ge-shig, Mah-ge-gah-bow, May-dway-we-nind, and Sturgeon Man, to whom Mr. Rice in turn made reply.

(2) Senate Executive Document No. 137 is a report covering about six pages made by the acting Commissioner of Indian Affairs to the Secretary of the Interior under date of May 31, 1890, in response to a resolution of the Senate, dated May 14, 1890, calling on the Secretary of the Interior for a report on the facts alleged by the Pillager Bands of Chippewa Indians relating to their claim against the United States under the treaty of August 21, 1847.

This document is interesting throughout, giving as it does most of the salient facts relating to the contention of the Pillagers regarding the cession of the "Long Prairie country."

(3) Senate Report No. 545 is the committee report made by Mr. Clapp, chairman of the committee, on June 26, 1916, recommending that S. 6016, with certain slight amendments, do pass. This was a bill pending in the Sixty-fourth Congress, the purpose of which was to confer upon the Court of Claims, with the right to appeal to the Supreme Court of the United States, jurisdietion to hear and determine claims of the Pillager Bands of Chippewa Indians in the State of Minnesota against the United States growing out of the treaty of August 21, 1847 (9 Stat. 908).

The letter of the Secretary of the Interior, May 26, 1916, embodied therein contains a recommendation that the bill have favorable consideration by the Senate Indian Committee.

DANL. B. HENDERSON,

Attorney for the Representative of the Pillager Bands.

[Senate Executive Document No. 137, Fifty-first Congress, first session.]

DEPARTMENT OF THE INTERIOR,
Washington, June 3, 1890.

SIR: I have the honor to acknowledge the receipt of Senate resolution, dated May 14, 1890, in the following words:

Resolved, That the Secretary of the Interior is hereby directed to examine into and report to the Senate, as soon as practicable, as to the facts alleged by the Pillager Bands of the Chippewa Indians, in Minnesota, in which they claim that they were greatly damaged by the nonfulfillment of the treaty made at Leech Lake August 21, 1847, whereby they ceded to the United States over 700,000 acres of land for a nominal sum. The main consideration for said cession was the unfulfilled promise of the occupying of said tract by the Menomonee Indians, who were not only at peace with the Pillagers, but with the Sioux

Indians. This occupying of the country between the belligerents was believed would eventuate in peace. (See H. R. Ex. Doc. 247, pages 18 and 125, Fiftyfirst Congress, first session; also, article 3 of treaty with Pillagers, August 21, 1847, revision of Indian treaties, page 212; article 3, treaty with Menomonees, October 18, 1847, revision of Indian treaties, page 485; article 3, treaty with Menomonees, May 12, 1854, revision of Indian treaties, page 488.)

In response thereto I have the honor to transmit herewith a copy of a communication of 31st ultimo, from the Commissioner of Indian Affairs, to whom the matter was referred, which contains a detailed statement as to the facts alleged by the Pillager Indians in relation to the nonfulfillment of the treaty of August 21, 1847.

Very respectfully,

The PRESIDENT OF THE SENATE.

JOHN W. NOBLE, Secretary.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, May 31, 1890.

SIR: I have the honor to acknowledge the receipt by department reference "for early report" of a resolution of the Senate of the United States of the 14th instant, as follows:

"Resolved, That the Secretary of the Interior is hereby directed to examine into and report to the Senate, as soon as practicable, as to the facts alleged by the Pillager Bands of the Chippewa Indians, in Minnesota, in which they claim that they were greatly damaged by the nonfulfillment of the treaty made at Leech Lake, August 21, 1847, whereby they ceded to the United States over 700,000 acres of land for a nominal sum. The main consideration for said cession was the unfulfilled promise of the occupancy of said tract by the Menomonee Indians, who were not only at peace with the Pillagers, but with the Sioux Indians. This occupancy of the country between the belligerents was believed would eventuate in peace. (See H. R. Ex. Doc. 247, pages 18 and 125, Fiftyfirst Congress, first session; also, article 3 of treaty with Pillagers, August 21, 1847, revision of Indian treaties, page 212; article 3, treaty with Menomonees, October 18, 1847, revision of Indian treaties, page 485; article 3, treaty with Menomonees, May 12, 1854, revision of Indian treaties, page 488.)"

For a more detailed statement of the facts alleged by the Pillager Band, the following is quoted from the report of the commission, which recently negotiated agreements with the Chippewa Indians, in Minnesota (including the Pillager Band), under authority of the act of January 14, 1889 (25 Stats. 642), and which said report is cited in the Senate resolution, and, it is presumed, gave rise to the inquiries submitted by the Senate.

"On the 21st of August, 1847, the Pillager Indians, at Leech Lake, Minnesota, ceded to the United States a tract of land bounded as follows:

Beginning at the south end of Otter Tail Lake; thence southerly on the boundary line between the Sioux and Chippewa Indians to Long Prairie River; thence up said river to Crow Wing River; thence up Crow Wing River to Leaf River; thence up Leaf River to the head of said river; and thence in a direct line to the place of the beginning.

"This tract contains nearly 700,000 acres, and was sold to the Government for about $15,000. The Pillagers parted with it, believing, as they were told, that it was for the occupancy of the Menomonee Indians, a tribe at peace with them, as well as with the Sioux. For generations a fierce war had raged between these two last-named tribes. The Pillagers believed that if the friendly Menomonees were between the belligerents peace might follow. By the treaty of October 18, 1848, the United States ceded to the Menomonees the above-described tract in exchange for all their lands in the State of Wisconsin.

"The Menomonees, manifesting a great unwillingness to remove west of the Mississippi, by treaty dated May 12, 1854, re-ceded to United States the foregoing tract in exchange for a part of their old home in Wisconsin and the sum of $242,686, for which the Pillagers received less than $15,000. According to Indian reasoning the consideration stipulated was never paid; that is, the occupancy of said tract by the Menomonees, thus protecting them from the incursions of Sioux war parties.

"The Pillagers, at the time of the cession, were told by the commissioners that the said tract would beheld as Indian lands are usually held, and that their friends, the Menomonees, would occupy it. The commissioners were Isaac A.

Verplank and Henry M. Rice. The Pillagers from the time that they heard that the tract was not to be occupied by the Menomonees, as stipulated, have to this day considered that they have been injuriously overreached. They have never ceased to complain of this, and never will until reparation shall be made. We can not too strongly urge that the Government cause this matter to be carefully investigated, and in some way allow the Pillagers what may be found to be in equity due them. Indians are not unreasonable when fairly dealt with, and as they are about starting out as citizens under this act, aid will be of greater benefit now than heretofore, and is more needful now than it can be at any future time.

Also the following from the minutes of the council proceedings at Leech Lake, the home of the Pillagers, August 12, 1889.

"STURGEON MANN. * * * My friend (addressing Mr. Rice), you did not think at the time that you gave us this paper I now hand you, that you should ever be a commissioner to come among us. It was written nine years ago, for the purpose of aiding the redress of our grievances. Please read this paper, which, I suppose you gave us that in case anything should happen to you, the Pillagers could exhibit this to show how the matter really stood. We wish to keep that as a memento.

The paper handed Mr. Rice read as follows:

"ST. PAUL, October 4, 1880. "The following statement is made at the request of Flat Mouth, chief of the Pillager Indians:

"In 1847, when the Pillager Indians, by treaty, sold to the United States the Leaf River country, for a nominal consideration, it was understood that the country ceded had been selected for the future residence of the Menomonee Indians, who were friendly to the Chippewas, and the country would remain Indian territory. Not only this, but the Menomonees would form a barrier between the Pillager and Sioux Indians, who had for centuries been at war. The old men thought by having the region thus occupied peace would follow; hence their consent to yield to the request of the Government.

"They were sadly disappointed, for after the ratification of the treaty other provisions were made for the Menomonees. The Leaf River country was thrown open to settlement, the game driven out, and the Pillagers exposed to all the evils that beset a frontier border. The country ceded contains about 1,000,000 acres; the price paid about 14 cents per acre. The sale was positive. The Pillagers have no legal claim to the land, but morally have a claim upon the Government, which claim I hope may at some suitable time be acknowledged by giving to this poor band such aid as will improve its condition.

"HENRY M. RICE, "One of the Commissioners.'

"Mr. RICE. In regard to the land that you loaned your Great Father fortytwo years ago, all that you have said is true. It was understood between Flat Mouth and myself that that land was not to be used by the whites, but that it was for the use of the Menomonees. In 1855, when Flat Mouth went to Washington and made the last treaty, the question had not been decided that the Great Father would sell the land to the whites, consequently nothing to prevent it was done. Time passed on and the matter seemed forgotten. As I was the only one living who knew anything about it, and for fear that I might be taken away, that paper which has just been handed to me was given to Flat Mouth. And I believe I am the only white man living whose hand touched the pen to the paper authorizing the cession. The commissioner who was with me died long ago, and I do not know that there is a witness connected with that paper who is now living. So I am left alone to receive all the blame that attaches to it, but I know that I am in the hands of my friends.

"It was not long after Flat Mouth was in Washington that there came a change in the administration, and then, or soon after, came the great war, when everything else was laid aside, and it has taken nearly all the time since to settle questions that were raised by the war, paying the great debt incurred, taking care of the four million blacks who were thrown upon our hands, of the widows and orphans of the soldiers killed in battle, and of the soldiers who were wounded during the war."

The foregoing will be sufficient to indicate the nature of the claim set up in behalf of the Chippewas.

Examination of the treaties cited in the Senate resolution, and of the records and files of this office, disclose the following facts:

By treaty of August 21, 1847 (9 Stats., p. 908), the Pillager Band of Chippewas eeded to the United States a considerable tract of country, in Minnesota, described above and indicated approximately in red upon the map herewith inclosed. The tract was estimated to contain about 700,000 acres.

It was stipulated in Article III of the treaty "that the country hereby ceded shall be held by United States as Indian land until otherwise ordered by the President."

The consideration agreed upon for this cession was an annuity in goods for five years, as per Article IV, which Mr. Rice, who was one of the commissioners who negotiated the treaty, estimated at the time would cost the Government, in all, about $11,000.

The object of this purchase appears to have been to secure a home for the Menomonee Indians, of Wisconsin, who, by a treaty subsequently made (9 Stats. p. 952), ceded all their lands in said State to the United States, with a view to removing to and settling upon the lands purchased from the Pillagers, and upon such portions of the adjacent lands (secured by a previous treaty with the Chippewas of the Mississippi and Lake Superior, for the Winnebago Tribe of Indians) as might not be assigned to the Winnebagoes. See Article II, treaty with the Menomonees (9 Stats. p. 952).

The Winnebagoes had ceded their valuable lands in Iowa and agreed to remove to Minnesota, west of the Mississippi River.

The reason for locating the Winnebagoes upon the Chippewa lands in Minnessota, was that they would be interposed and be the means of preserving peace between the Sioux and the Chippewas, who were hereditary enemies and engaged in frequent collisions, and between whom there was danger of serious difficulties and bloodshed. This and other considerations led this Department to acquire from the Chippewas a home for the Winnebagoes between the Sioux and the Chippewas, and to also place the Menomonees, who were friendly with the Chippewas, between the hostile tribes, and it was with this object in view that the lands between Long Prairie and Leaf River were purchased for the Menomonee or other Indians who might prefer a northern location. (Annual Report Indian Office for 1847, p. 739.)

As to the price paid to the Pillagers for their cession, it seems to have been about all that the Government thought it worth at that time.

In the instructions to the commissioners who negotiated the purchase of the lands for the Winnebagoes this office said:

"The lands are now unoccupied and unused by the Chippewas, and therefore comparatively valueless to them; and they are of no importance to the Government except for a home for the Winnebagoes.

"Considering the expenses to which the Government is subjected-surveying and disposing of lands purchased of Indians-10 cents per acre has been found to be a full price for those occupied by and valuable to Indians, and which are important for settlement and cultivation by a white population. In this view 5 cents per acre, at most, would, it is believed, have been a large price to offer for these lands. Mr. Rice, as agent for the Winnebagoes (by their own appointment had offered the Chippewas, on his own responsibility, a little over 9 cents per acre, which proposition the Government refused to accept."

The instructions to the commissioners went on to say:

*

*

*

*

*

"There is another portion of country immediately joining that selected for the Winnebagoes, lying between Long Prairie and Leaf River, which it is also desirable to procure from the Chippewas for a home for the Menomonees in Wisconsin, or any other Indians who may hereafter prefer a northern location. It is estimated to contain 658,940 acres. It is of the same general description as that contemplated for the Winnebagoes, and probably of about the same value. (Letter book 39, p. 394.)"

This latter tract is the one purchased from the Pillagers, and about which we are now specially concerned. The commissioners were limited to 8 cents per acre in the amount they might offer to the Indians. The actual cost to the Government for the lands ceded by the Pillagers was $18,000, or five annual installments, in goods, of the value of $3,600 each, which amounted to less than 3 cents per acre.

Nothing was said in the treaty to bind the Government to settle the Menomonees upon the lands purchased. Indeed, the commissioners were specially directed not to recite the object of the purchase in any treaty they might succeed in making, but I have no doubt, as the late Commissioners Rice, Marty, and Whiting say, the Pillagers were told that their friends the Menomonees would occupy the land. This was the declared object of the Government, and no doubt the Pillagers were so given to understand.