You are one of the men who made this original agreement with the Red Lake Indians in 1902 and you represented the Government. You can tell us exactly what the Government had in mind as to how that agreement would affect the Red Lake Indians in their connection with the Chippewa band or tribe of Indians in Minnesota. Just go ahead in your own way and explain the matter and we will ask you some questions afterward. Mr. MCLAUGHLIN. I was commissioned in March, 1896, and was sent to negotiate a treaty with the Indians, under the act of Congress authorizing the Secretary of the Interior to employ inspectors for that purpose. I was engaged in that work exclusively for 16 years, and in the latter part of February, 1902, received orders from the Secretary to proceed to the Red Lake Reservation, under instructions which were prepared in the office of the Bureau of Indian Affairs and approved by him, to negotiate with the Indians for opening the reservation. These instructions were read into the record yesterday by Mr. Meritt, and it was along the line of these instructions that I proceeded. I wish to have the committee understand that instructions for negotiating with the Indians invariably come from the department. I have never known the Indians yet who applied or were the originators of a desire to open any portion of the lands, and my instructions were prepared in the office and accompanied by a petition, as explained by Mr. Meritt, by two Senators and seven Congressmen from Minnesota and by a petition from the Commercial Club of Thief River Falls. I had all of these papers with me at the time and entered upon negotiations with them about the 3d of 4th of March, and continued for six days and concluded the agreement on March 10, 1902. The agreement was an excellent one and they accepted it and I went back in 1903 to endeavor to have them accept an amendment provided in an act of Congress of March 3, 1903, and they appealed to us a dozen times, "Give us the treaty we made with you; that is what we want." There are a number of gentlemen here who were present at that time; also I had one witness to the agreement and one interpreter. Here is the original agreement, even finished up by seals as directed. This I do not carry with me, but got from the files of the department. Here is my report on 71 pages of typewritten matter; the minutes of the council, and being 18 years ago, I had only a faint recollection of much that was said, but was pleased to see the way the Indians submitted questions they wished answered and also my replies to them. Here is 75 pages of typewritten matter of our negotiations of 1903; when I was sent out to see if the Indians would accept the provisions of the act of March 3, 1903; that is the Indian appropriation act, and in that act of Congress and in my agreement with the Indians it was provided by article 4, which I would like to read for the reason that I would like to refer to it from time to time. ART. 4. It is further agreed that the said Indians belonging on the said Red Lake Indian Reservation shall possess their own reservation independent of all other bands of Indians and shall be entitled to an allotment of 160 acres of land each, of either agricultural or pine lands, the different lands to be apportioned as equably as possible among the allottees. Now, in the Indian appropriation act of March 3, 1903, there were a number of changes made in other articles, but article 4 remains intact as it was. The Indians, after long discussion, many of them old men, with Mr. Graves, one of my interpreters, absolutely refused to accept for two reasons; the method of payment was entirely different from that provided in the agreement and the amendment provided for donating sections 16 and 36, a tract of land opened for settlement, to the State of Minnesota. Several of the Indian speakers said: "We live in Minnesota; the people of Minnesota are our friends; the State officials are our friends, but we do not owe them anything and are not going to donate to them $57,000 worth of land. Gen. Scott was opposed to the transaction all the way through and while he did not oppose it in my presence and came up and stood along side of me during the last four days of our council, he gave no encouragement to it. I think if I had been a Chippewa Indian at the time I would have negotiated just as they did. The CHAIRMAN. I regret very much, Mr. McLaughlin, that at this important point in your testimony the time for intermission has arrived, and the committee, under agreement, has to hold up the hearing at this point until to-morrow morning at 10 o'clock. (The committee thereupon adjourned until Friday morning, March 12, at 10 o'clock.) COMMITTEE ON INDIAN AFFAIRS, The committee met, pursuant to adjournment, at 10 o'clock a. m., Hon. Homer P. Snyder (chairman) presiding. The CHAIRMAN. Gentlemen, we will resume the hearing where we left off last evening, with Mr. McLaughlin in the chair. STATEMENT OF MR. JOSEPH MCLAUGHLIN Continued. The CHAIRMAN. Mr. McLaughlin, will you proceed in your own way as you were, when we finished last evening? Mr. MCLAUGHLIN. Mr. Chairman and members of the committee, I would wish to impress upon you that in negotiating with Indians and large bodies of the Indians for the ceding of lands, it is a very important matter and requires a great deal of explanation and reexplanation. These are the minutes of the councils that we held at that time, and I would like very much that they be used. They are already recorded as Senate Report 1087, accompanying Senate bill 4962. The CHAIRMAN. Are those minutes, as printed, available? The CHAIRMAN. It seems to me that if the minutes are printed and available, that it would be hardly necessary to print them all again, and I will be glad to consider the judgment of the other members of the committee. I Mr. HERNANDEZ. I would suggest that they be printed, because they will hardly be available now. That is about 18 years ago. move that these minutes of these conferences be printed in the record. The CHAIRMAN. The minutes of the Red Lake conference? Mr. HERNANDEZ. Yes. The CHAIRMAN. If there is no objection, so ordered. See also Sen. Rept. 1087. Cong. Zuc, Series 4261 AGREEMENT WITH RED LAKE AND PEMBINA BANDS OF CHIPPEWA INDIANS OF MINNESOTA. April 12, 1902.-Ordered to be printed. Mr. Clapp, from the Committee on Indian Affairs, submitted the following report [to accompany S. 4962]. The Committee on Indian Affairs, to which Senate bill 4962 was referred, recommends the following amendments: Insert, after the word "agreement," on the second line of the sixth page, the following: "except sections 16 and 36 of each township, which are hereby granted to the State of Minnesota for school purposes." Also, after the word "law," on the twenty-first line of the sixth page, the following: "shall pay said sum of $3.90 in five annual payments annually in advance." And before the words "of the," in the twenty-third line of the sixth page, the following words: "the said five annual payments in advance and." And as amended said committee reports favorably upon said bill and recommends its passage. In support of the foregoing report the committee begs leave to refer to the communication of the honorable Secretary of the Interior, hereto attached, marked "Appendix A." APPENDIX A. [House Document No. 532, Fifty-seventh Congress, first session.] LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING, WITH A COMMUNICATION FROM THE COMMISSIONER OF INDIAN AFFAIRS, THE DRAFT OF A BILL FOR THE RATIFICATION OF AN AGREEMENT WITH THE RED LAKE AND PEMBINA BANDS OF CHIPPEWA INDIANS OF MINNESOTA. April 4, 1902.-Referred to the Committee on Indian Affairs and ordered to be printed. DEPARTMENT OF THE INTERIOR, SIR: I have the honor to transmit herewith a copy of a communication of the Commissioner of Indian Affairs and accompanying copy of an agreement with the Red Lake and Pembina bands of Chippewa Indians of Minnesota for the cession and relinquishment to the United States of the western portion of the Red Lake Reservation, lying west of the range line between ranges 38 and 39 west of the fifth principal meridian, Minnesota, comprising 256,152.28 acres, together with copy of report thereon of United States Indian Inspector James McLaughlin, who negotiated the agreement. The Commissioner has carefully considered the agreement and has prepared a draft of a bill to ratify and confirm the same. I also herewith transmit a copy of a report of the Commissioner of the General Land Office, dated the 3d instant, to whom the matter was referred for report as to the disposition of the ceded lands. The agreement meets with my approval, and I have the honor to recommend that it receive favorable action by the Congress. Very respectfully, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. E. A. HITCHCOCK, Secretary. DEPARTMENT OF THE INTERIOR, SIR: The office has the honor to acknowledge the receipt, by Department reference of the 22d instant, for report, of a letter from United States Indian Inspector James McLaughlin, dated March 18, 1902, with which he submits an agreement with the Red Lake and Pembina bands of Chippewa Indians of Minnesota, dated March 10, 1902, for the cession and relinquishment to the United States of the western portion of the Red Lake Reservation, lying west of the range line between ranges 38 and 39 west of the fifth principal meridian, Minnesota. The tract thus ceded comprises 256,152.28 acres. On February 10, 1902, the Secretary of the Interior designated Inspector McLaughlin to negotiate with the Red Lake and Pembina bands of Chippewa Indians for the cession of the western portion of their reservation, under the provisions of the act of Congress of March 3, 1901. (31 Stat. L., 1077.) The section of the act referred to provides as follows: "That the Secretary of the Interior be, and he is hereby, authorized in his discretion to negotiate through any United States Indian inspector agreements with any Indians for the cession to the United States of portions of their respective reservations or surplus unallotted lands, any agreements thus negotiated to be subject to subsequent ratification by Congress." On February 12, 1902, a letter of instructions to the inspector in conducting said negotiations was prepared in this office. The instructions were approved by the Department on February 14, and were transmitted to the inspector on February 21. The agreement with the Indians, as above stated, is dated March 10, 1902. Article I of the agreement provides for the cession of the lands, describing the same, approximating 256,152 acres; also for the removal to the retained portion of the reservation of the individual Indians residing on the ceded portion, and for the removal of the bodies of the dead buried on the ceded portion; and appropriates $5,000, or so much thereof, as may be necessary, out of the consideration to be paid the tribe, to accomplish these purposes. Article II provides that the United States shall pay the Indians for the cession and relinquishment of said land the sum of $1,000,000. Article III provides the manner in which the payments shall be made, namely, to the members of the tribe, share and share alike, $250,000, within ninety days after the ratification of the agreement; the remaining $750,000 to be paid in fifteen annual installments, the first payment to be made in October of the year following the payment of the $250,000. Article IV provides that the Indians of the Red Lake Reservation shall possess the diminished reservation independent of all other Chippewa tribes; also that when lands are allotted to them they shall be entitled to 160 acres each, including pine lands as well as agricultural lands. Article V provides that nothing in the agreement shall be construed to deprive the Indians of the reservation of any benefits they are entitled to under existing treaties and agreements not inconsistent with said agreement. Article VI provides that the agreement shall take effect and be in force when signed by United States Indian Inspector James McLaughlin and by a majority of the male adult Indians and when accepted and ratified by the Congress of the United States. The agreement is signed by James McLaughlin, United States Indian inspector, on the part of the United States, and by 220 adult male Indians out of a total of 334. The signatures are duly witnessed and certified to by Daniel Sullivan, overseer in charge of Red Lake Subagency; Frank H. Kratka, mayor of Thief River Falls, Minn., and B. L. Fairbanks, of White Earth Agency, Minn. Joseph C. Roy, C. W. Morrison, and Peter Graves, interpreters, under date of March 12, 1902, certify that the agreement was fully explained by them to the Indians in open council, and that it was fully understood by them before signing, and that the agreement was duly executed and signed by said Indians. Maj. George L. Scott, the acting agent, certifies that the total number of adult male Indians over 18 years of age belonging on the Red Lake Reservation, Minn., is 334, of which number 220 signed the agreement. Inspector McLaughlin in his report states that in going to the Red Lake Agency to enter upon negotiations with the Indians he traveled by team from Thief River Falls, Minn., through about the center of the tract from west to east, and thus obtained a general knowledge of the character of the country and the quality of the land. Respecting his work of conducting the negotiations, Inspector McLaughlin in his report states that the Indians received him very cordially, but were at first strongly opposed to considering any proposition for the cession of any portion of their reservation; that they expressed themselves as suspicious of every person sent out to talk with them about their lands; that their past experience, especially under the act of January 14, 1889, had caused them to be distrustful of everybody; that they had many grievances and just claims which they wanted adjusted before entertaining any proposition for the cession of more land. He further says that after they had stated their grievances, all of which he assured them would appear in the minutes of the councils and thus be submitted to the Department, he reasoned with them very patiently, satisfactorily answered their questions, and explained to them the status of their many contentions, thus gaining their confidence and eventually concluded the agreement with them, which was accepted by all present at the closing council, numbering 220 of the 334 adult male Indians belonging on the reservation; that the signature of every Indian on the reservation could doubtless have been obtained if they could have been reached, as concurrence was practically unanimous after they had reached an agreement; that the Indians were unanimous in desiring those of their people who reside on the ceded portion to remove to the diminished reservation; and that the Indians residing on the ceded tract who were present in the council announced their intention to remove within the diminished reservation, signifying their intentions so to remove in open council. Relative to the character of the land ceded, the inspector states that, taken as á whole, they are excellent agricultural lands; that there are some marshes within the tract, the most of which, however, afford good grass and with drainage, which is quite feasible, most of the lands can be brought under cultivation; and that all the lands that can not be brought under cultivation would make good meadow lands by cutting the numerous beaver dams in the marshy tracts, thus permitting of drainage; that the hay lands would yield large crops of hay annually, the grass of the marsh lands being of an excellent quality. He further states that there are a great many extensive beaver dams in a good state of repair throughout the ceded tract which hold back the waters of winter snows and summer rains, thus submerging the marshy portions and lowlands, which if removed would drain the greater portion of the marsh lands and make them equal in value for cultivation to the higher and more desirable lands as they exist at present. Inspector McLaughlin states that there is no pine timber on the ceded portion, but that there are a great many scattering small trees, chiefly poplar and oak, throughout the tract, each section of land containing more or less timber of this character sufficient on almost every quarter section to provide the homesteader with necessary fuel. The consideration allowed the Indians is a fraction over $3.90 per acre. Inspector McLaughlin states that he regards this as a fair and reasonable price; that it is true that some of the choicest portions could be sold at much ligher prices, ranging from $5 to $15 per acre, and that some select tracts adjacent to Thief River Falls would doubtless bring from $20 to $25 per acre; but that, taking the entire cession as a whole, with its numerous marshes and undrained tracts, he regards the consideration as a fair and just price both to the Indians and to the United States. He also commends the method of its payment as provided in the agreement. The inspector submits a list of families residing on the ceded portion, giving the name of the head of the family. Reference is had to his report for a list of the names, The families number 42, including 129 persons. As provided in Article I of the agreement, these Indians are to remove to the retained portion of the reservation within six months after the ratification of the agreement, and are to be paid in cash by the tribe, through the Indian agent, for their improvements, which they will be forced to abandon. The inspector estimates that it will take about $4,200 to discharge this obligation. To this he estimates must be added $800 for the removal of the dead now buried on the ceded portion, making a total expenditure of $5,000 for these two purposes; these disbursements to be made out of the first payment to the Indians. Inspector McLaughlin states that his trip by team from Thief River Falls to the Red Lake Agency, about 26 miles of which was through the ceded tract, afforded him an opportunity of seeing the improvements of the Indians residing on that portion of the reservation, as most of them lived adjacent to the line of road that was traveled; that he estimates an average of $100 for each family for these improvements, making an aggregate of $4,200; that some of the improvements are not worth to exceed $25, others $50, others $100, while some are worth probably $300; that to the $4,200 thus estimated, $800 must be added for payment for the removal of the dead who are buried on the said tract to the diminished reservation, which payments for improvements and removal of the dead should be made by the agent out of the first payment, as provided in the agreement. In conclusion Inspector McLaughlin states that he regards the agreement as fair and just, and the best that could be concluded with the Indians; that the manner of the payment provided is the best for the Indians that could be devised that they would consent to; that he regards the ratification of the agreement as in the interest of the service, and recommends its approval. The compensation to be paid the Indians, about $3.90 per acre, is, in the judgment of this office, fair and reasonable. The office also favors its payment to the Indians in cash, rather than its expenditure in goods and supplies for their benefit. By personal conference with Inspector McLaughlin, it is learned that the Indians would not have listened to any proposition to pay them other than in cash. The distribution among the Indians of $750,000 for fifteen years, as provided in the agreement, will give them an annuity of about $37 per capita each year. The office submits herewith excerpt copies of the map of Minnesota, showing the portion of the Red Lake Reservation included within the cession. Believing that the agreement is just and fair and that it should be ratified, the office has prepared and submits herewith the draft of a bill to ratify and confirm the same. Section 2 of the proposed bill provides for the appropriation of $250,000, being the amount necessary to make the first payment as provided by Article III of the agreement. |