As to the value of the land purchased from the Pillagers, and the price given, I quote the following from the report of General I. A. Verplank, one of the commissioners who negotiated the purchase: "I send herewith the treaty concluded at Fond du Lac, on the 2d of August last, and a treaty concluded with the Pillagers on the 21st of the same month. The two treaties embrace all the land I was instructed to purchase of the Chippewa Indians lying west of the Mississippi, except a small point on Otter Tail Lake. * * * By making an estimate of the amount to be paid to the Pillagers you will see that the whole tract has been obtained for a less sum than I was authorized to pay. "The lands purchased are the very best lands owned by the Chippewas, and are the lands on which they make the most of their sugar, and on which many of them make their winter hunts. "I have seen the Mississippi from Cass Lake to this place, and I hazard nothing in saying that the land from the Crow Wing to the Watab is the most desirable tract on the river. "The tract purchased, upon all I can learn, contains more acres than is supposed in my instructions." Also the following from Mr. H. M. Rice, who was also a commissioner on the part of the Government in making said treaty: "The Pillagers were very anxious to receive money instead of goods, but when I saw their poverty I refused to make them an offer in money. The articles that they are now to receive will cost the Government about $11,000, all told, and yet it will be of more service to the Indians than twice that amount in money They are anxious to unite with the Red Lake, Cass Lake, and Lake Winnipie Indians and dispose of a large tract of their country, that all may receive annuities. A purchase can be made from these Indians for a moderate sum, and they held in check through their annuities. The Pillagers should receive some attention from the Government. They said that they did not receive much for the land sold that they were numerous and poor and earnestly requested that presents to the amount of $1,000 should be sent them next spring. This they will expect, although it is not promised. They are friendly to the United States, and if a little notice is taken of them they will never give our Government any trouble." In the annual report of the Superintendent of Indian Affairs for Minnesota, Hon. Alexander Ramsey, for the year 1850, three years after the making of the treaty, says: "The Pillagers own in their own right a tract of country four hundred miles in area, interspersed with innumerable fresh water lakes, which abound in fish. The region has been well suited to their roving modes of life; but as the animals, which are valuable for food or furs have receded, the hunters seek their game upon the lands of the Sioux. In 1847 they ceded by treaty about 600,000 acres of their best hunting ground as a home for the Menominees. For this they annually receive, for five years, a stated amount of goods averaging about $3 per head. The insignificance of this annuity causes ill will among themselves, and dissatisfaction with the Government. They evidently misunderstand the terms of the treaty; and a feeling of distrust, even of hostility, is generating in their breasts towards the United States." From the foregoing it would seem that the dissatisfaction on the part of the Pillagers began to be manifested before it was known that the Menominees were not to occupy the lands ceded by them for that purpose. It was not until 1852 that it was finally decided that the Menominees should remain in Wisconsin. During that year Congress authorized their removal to a district of country on the Wolf and Oconto Rivers in said State (10 Stat. 47). By the treaty of 1848 they were permitted to remain on the lands ceded by them in Wisconsin for the period of two years from the date of the treaty, and until they were notified by the President that the ceded lands were wanted by the Government. A delegation of the tribe visited the Chippewa country in 1850, and explored the lands purchased for them from the Pillagers. Previously dissatisfied with the treaty, they were now dissatisfied with the country assigned them, and were unwilling to remove thereto. The President, upon their urgent appeal, allowed them to remain in Wisconsin two years beyond the period stipulated in the treaty, and finally, as we have seen, it was decided that they should remain in Wisconsin. Thus it was that the intention of the Government was thwarted in regard to placing the Menominees upon the land purchased from the Pillagers. It may have been a great disappointment to the Pillagers, but their first complaint appears to have been on account of the small amount paid to them for the cession, and no doubt their dissatisfaction became greater when, in 1854, the Menominees ceded back to the United States the lands purchased for them from the Pillagers (10 Stat. 1064). It is well known that the Pillagers have always felt aggrieved on account of the bargain they made with the Government in 1847. The Northwest Indian Commission, of which Bishop Whipple, who has been their life-long friend, was a member, referred to the matter in the report of their negotiations with the Pillagers in 1886, as follows: "The Leech Lake Indians complain that in 1847 they ceded a large tract of land for the settlement thereon of a certain friendly tribe of Indians, in order that they might serve as a protection against the hostile Sioux; that having this object solely in view they sold the land for a nominal sum, about 1 cents per acre; that, although the treaty expressly declared the object to be as above stated, no Indians were ever removed to the ceded land, but, under a clause in the treaty, of which they were wholly ignorant, it was opened to white settle ment. "Other Indians claim that some of the provisions of the treaty of 1855 and other treaties have never been fulfilled. "We promised the Leech Lake Indians that we would make mention of their grievance in our report and ask the Indian Department to examine into the matter. The Indians think they are entitled to some further remuneration for the lands ceded at the time mentioned." I am not prepared to say whether the Pillagers are entitled in equity to additional remuneration for the lands ceded by them in 1847 or not. The transaction took place more than forty years ago, and the records of the office do not disclose anything material to the question beyond what is here stated. But if Congress, in its generosity, should see fit to give the Pillagers something to quiet their claim, as set forth in the Senate resolution, it would be alike gratifying to this office and the friends of the Indians, through whom the matter has been called to the attention of the Senate. I return the Senate resolution and inclose a copy of this report. The SECRETARY OF THE INTERIOR. R. V. BELT, [Senate Report No. 545, Sixty-fourth Congress, first session] The Committee on Indian Affairs, to which was referred the bill (S. 6016) for the relief of the Pillager Bands of Chippewa Indians of Minnesota, and for other purposes, having considered the same, report thereon with an amendment and as so amended recommend that the bill do pass. Add at the end of line 14, page 2, after the word "Minnesota," the following words: "Provided further, That said attorneys shall enter into proper contracts to be approved by the Commissioner of Indian Affairs and the Secretary of the Interior in accordance with existing laws." In support of the foregoing report the committee beg leave to refer to the appended letter from the Secretary of the Interior, which is hereby made a part of this report. DEPARTMENT OF THE INTERIOR, MY DEAR SENATOR: I am in receipt of your letter of May 17, 1916, referring for report a copy of S. 6016, for the relief of the Pillager Bands of Chippewa Indians of Minnesota, and for other purposes. The purpose of the bill is to confer upon the Court of Claims, with the right of appeal to the Supreme Court of the United States, jurisdiction to hear and determine the claims of the Pillager Band of Chippewa Indians in the State of Minnesota against the United States, growing out of the treaty of August 21, 1847 (9 Stat. L., 908), whereby they ceded to the United States a tract of land containing approximately 700,000 acres, in consideration of certain annuities specified in article 4 of the treaty. The value of these annuities has variously been estimated at from eleven to eighteen thousand dollars. It was stipulated in article 3 of the treaty that the country should be held by the United States as Indian land until otherwise ordered by the President. Although the treaty does not so state, the object appears to have been to procure a home for the Menominee Indians of Wisconsin, who by treaty subsequently made (9 Stat. L., 952) ceded all their lands in said State with a view to removing to the Leaf River, in Minnesota. The Menomineees, however, never removed to the Chippewa ceded country, and by subsequent treaty receded the lands to the United States. The facts in relation to the claims of the Pillager Bands of Chippewa Indians are printed as Senate Executive Docuemnt No. 137, Fifty-first Congress, first session, to which reference is made. While the document does not disclose a legal obligation on the part of the Government to further remunerate the Indians for the cession of land referred tobecause the cession was complete and the consideration fully agreed upon and paid-it does show that the Pillager Indians have always felt aggrieved on account of the cession of 1847; that they have always claimed that the purpose of the cession, viz, to settle the Menominees upon the land and thus interpose a friendly tribe between them and their hereditary enemies, the Sioux, was never carried out; and that they have always claimed that they were overreached by the commissioners for the Government, and that the consideration was grossly inadequate. As the bill goes no further than to confer juridsiction on the Court of Claims to hear and determine the suit or suits to be brought by the Pillager Bands against the United States, I see no special objection to its enactment, but I suggest that before its passage it be amended in line 12, page 2, after the word "Indians" and before the word "and," by inserting the words not to exceed ten per centum of the amount recovered." Also that the following be added to the end of the bill after the word "Minnesota": "Provided further, That said attorneys shall enter into proper contract, to be approved by the Commissioner of Indian Affairs and the Secretary of the Interior, in accordance with existing law." It does not seem to me that attorneys prosecuting such a claim, where all the vital evidence is documentary, are entitled to more than 10 per cent of the amount recovered. The court can decree a smaller amount in case it is of the opinion that the services rendered are not a fair equivalent of 10 per cent of the judgment. Should the bill be amended as indicated, I would recommend that it receive the favorable consideration of your committee. Cordially yours, Hon. HENRY F. ASHURST, FRANKLIN K. LANE, Secretary. Chairman Committee on Indian Affairs, United States Senate. Mr. HUDSON. I would like also to put into the record about a page and a half here from this report, Executive Document No. 247, Fifty-first Congress. There are two short paragraphs here and they are as follows: The commissioners did not escape the embarrassment which unfortunately 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 a draft of the bill prepared by the Secretary of the Interior and submitted herewith. The foregoing is from a message by Benjamin Harrison, President, on March 4, 1890. The following paragraph is taken from the report of the Secretary of the Interior to the President under date of January 30, 1890: 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. At Cass Lake a like demand was made by the Indians for the settlement of unsatisfied demands, but all gave their assent and signatures to the proposition. Again, on page 17 of the document referred to, in the same communication from the Secretary of the Interior to the President, beginning with the paragraph at the bottom of page 17 and ending with the second paragraph on the top of page 19: We held the first council at Leech Lake, August 8. We were received at this place with all the pomp and show the Indians could display. Guns were fired and every flag in the settlement was flying. A guard of honor, dressed in war feathers and decorated with paint, greeted us with open arms. We were informed that this guard was for our protection, especially to keep the Pillagers from giving us any personal annoyance. Faithfully did they perform their duty not only by day, but by night. No Indians were permitted to see us unless accompanied by this polite and considerate guard, which was master of the situation. The party that originated and organized this body, knowing the object of our mission from the copies of the act we had sent in advance, as well as from persons of their own band who attended the councils at Red Lake and White Earth, were fully determined that no business should be transacted between the band and the commission until they should be satisfied that they had the authority to provide for the settlement of outstanding claims. They were polite and courteous, but were resolved to keep us, as well as the uncertain of their band, under the restraint of the guard. They felt that they had been greviously wronged. After a few days we broke their lines, inducing the chiefs to speak in council who for several days had not been heard. Stormy debates took place in council, accompanied by threats, which afterwards, at the request of the chiefs, the commission directed to be stricken from the minutes. These Indians, even the most bitterly opposed, said that had we come empowered to adjust unsettled matters they would not have made any objections to the propositions, nor would they have detained us long. Enough, however, gave their consent, as required in writing. Others said that they would assent when they saw a disposition on the part of the Government to right the wrongs they had suffered. We were kept there until August 22. We had to give a solemn promise with raised hands, that we would to our utmost ability urge the immediate settlement of unadjusted claims. On the 21st of August, 1847, the Pillager Indians at Leech Lake, Minn., 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 Menominee Indians, a tribe at peace with them as well as with the Sioux. For generations a serious war had raged between those two last-named tribes. The Pillagers believed that if the friendly Menominees were between the belligerents peace might follow. By the treaty of October 17, 1848, the United States ceded to the Menominees the above-described tract in exchange for all their lands in the State of Wisconsin. The Menominees, manifesting a great unwillingness to remove west of the Mississippi, by treaty dated May 12, 1884, re-ceded to the 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 reason the consideration stipulated was never paid; that is, the occupancy of said tract by the Menominees 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 be held as Indian lands are usually held, and that their friends, the Menominees, would occupy it. The commissioners were Isaac A. VerPlank and Henry M. Rice. The Pillagers. from the time they heard that the tract was not to be occupied by the Menominees, as stipulated, have to this day considered that they have been injuriously overreached. They have never ceased to complain of this, and they 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. Mr. HASTINGS. Refreshing my memory from the report made recently on this bill, on February 20, 1924, it refers to a report dated May 31, 1890, and apparently an Executive document, No. 137, Fifty-first Congress, first session, and also reports of May 6, 1916, Senate Document 545, Fifty-first Congress, first session. This present document does not do anything except refer to the reports mentioned. Have we those reports referred to? Mr. HUDSON. The report has been inserted in the record. (Thereupon the committee, having concluded the hearing on H. R. 6493, proceeded to the consideration of other matters.) Mr. HUDSON. We will now take up H. R. 28. We had a report on that the other day. The report was addressed to the chairman of the committee, Hon. Homer P. Snyder, and is as follows, to wit: Hon. HOMER P. SNYDER, DEPARTMENT OF THE INTERIOR, Washington, March 3, 1924. Chairman Committee on Indian Affairs, House of Representatives. MY DEAR MR. SNYDER: Further reference is made to your letter of January 3, 1924, inclosing a copy of H. R. 28, a bill to compensate the Chippewa Indians of Minnesota for certain equities claimed by them in connection with the settlement for the Minnesota National Forest. In the opinion of the department, this bill should be considered with H. R. 27. Both bills are predicated on the findings of the appraisal committee appointed under the act of May 23, 1908 (35 Stat. L. 268). The amount of the award was $1,490,195.58 and has been credited to the general Chippewa fund. It is believed H. R. 27 covers the items that are legally due the Chippewa Indians, and favorable recommendation has been made on the bill. H.Ř. 28 covers only "certain equities claimed by the Chippewa Indians." In making the appraisal of the 5 and 10 per cent left standing on the cut-over area the commission gave no consideration to the jack pine, the hardwood timber, nor to white and Norway pine which measured less than 10 inches in diameter breast high. In view of the award of $1,490,195.58 made by the commission and credited to the general Chippewa fund, it is the opinion of this department that the enactment of H. R. 27 will fully compensate the Indians for all legal claims they have against the United States in connection with the settlement for the said forest reserve. It is only proper to state that the Indians complain and assert that they should be compensated for the hardwood, jack pine, and small white and Norway pine on certain parts of the forest reservation; also that under the act of 1889 the ceded lands were to be disposed of to private owners, which would have insured their being acquired by white persons and improved, which would have developed communities by providing public schools, churches, roads, etc., and that the creation of the forest reservation decreased the value very materially of the allotments made to several hundred Indians within the forest-reservation area. While I can not recommend favorable consideration of H. R. 28, so far as concerns any legal claims the Indians may have against the Government, it is recommended that the question of their equitable claim as stated have consideration in conjunction with H. R. 27. Very truly yours, HUBERT WORK. STATEMENT OF HON. CHARLES H. BURKE, COMMISSIONER OF INDIAN AFFAIRS Mr. BURKE. To refresh your memory, you will recall the other day that I explained that there had been credited to these Indians $1,490,195.58, which paid them $1.25 an acre for the land that was included in the forest reservation, the value of the 5 and 10 per cent. timber left standing, and the value of the timber on 10 sections, |