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Ever since this country which the Pillagers were told would be occupied by the Menominees as a protection against the hostile Sioux was retained by the United States and thrown open to white settlers, the Pillagers have never ceased to complain and to seek redress, but for three-quarters of a century their petitions have been in vain. In 1855, Flat Mouth, head chief of the Pillager Bands, went to Washington in behalf of his people, but no action to adjust their claims was taken because the Government had not at that time decided to open the Long Prairie Country for settlement. Then, as Mr. Rice says, "time went on, and the matter was forgotten." He further says that the Civil War came on with its debt and vast problems incidental thereto, and for these reasons the Government did not settle the matter. At another time a change of administration was given as an excuse for failure to act. Chief Flat Mouth, on October 4, 1880, anxious that his band should have written evidence of the validity of their claim, went to St. Paul and secured from Mr. Rice a written statement of the facts involved in the matter, which in part was as follows:

In 1847 when the Pillager Indians by treaty sold to the United States the Leaf River country (Long Prairie Country) for a nominal consideration, it was understood that the country ceded had been selected for the future residence of the Menominee Indians who were friendly to the Chippewas, and the country would remain Indian territory. Not only this, but the Menominees 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. (Ex. Doc. No. 247, 51st Cong., 1st sess., p. 127.)

The failure of the Government to carry out its agreement of 1847 with the Pillagers, and thereafter to right the wrong, confronted Mr. Rice to plague him in 1889, when he again appeared before these same Indians as a commissioner of the United States to negotiate an agreement for the cession of more lands. On January 14, 1889, "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota" (25 Stat. 642) was approved. It provided for a commission of three members "to negotiate with all the different bands or tribes of Chippewa Indians in the State of Minnesota" for a cession of their lands in that State to the Government. The commission was composed of Hon. Henry M. Rice, of Minnesota, Bishop Martin Marty, of Dakota, and Mr. Joseph B. Whiting, of Wisconsin. The councils with the different bands of Pillagers lasted for nearly a month. during August and September, 1889. A record of the proceedings was preserved and is contained in Executive Document No. 247, Fifty-first Congress, first session, pages 119-160, inclusive.

When the commission opened negotiations, the chiefs at the outset presented their long-standing claims and insisted that before taking up the business which the commission had in hand, assurances should be given them that their Long Prairie claim would have attention. It was their position that a new agreement should not be made until the old was faithfully executed. Mr. Rice promised them, to use his own language:

In regard to the land that you loaned your Great Father 42 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 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.

Mr. Rice kept his promise to report the grievances of the Chippewas to the Government, and the commission in its report to the Commissioner of Indian Affairs, states:

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 Chippewa Indians, Leech Lake, Minn., ceded to the United States a tract of land bounded as follows: (Description of Long Prairie Country).

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 fierce war had raged between these two last-named tribes. The Pillagers believed that if the friendly Menominees were between the belligerents peace might follow. By the treaty of October 18, 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, receded 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 reasoning, 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 lands are usually held and that their friends, the Menominees, would occupy them. 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 Menominees 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 they are 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. (Ex. Doc. 247, 51st Cong., 1st sess., pp. 18, 19.)

The Secretary of the Interior, in reporting this matter to the President, said:

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.

President Harrison in his report to the Senate and House of Representatives, dated March 4, 1890, in connection with this matter said: 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 cessions 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 a bill prepared by the Secretary of the Interior and submitted herewith.

On May 14, 1890, a resolution was adopted by the Senate, directing the Secretary of the Interior to examine into the facts alleged by the Pillager Bands in relation to the said treaty and report thereon. On May 31, 1890, the Secretary of the Interior, having referred the resolution to the Office of Indian Affairs, R. V. Butler, acting commissioner, submitted a report, of five pages (S. Ex. Doc. 137, 51st Cong., 1st sess.), wherein is set forth the facts constituting the history of the claim and showing the attitude of the Indian Bureau thereto.

In the Sixty-fourth Congress, first session, a bill (S. 6016) was introduced for the relief of the Pillager Bands, and providing specifically that their claim, arising under the treaty of August 21, 1847, be referred to the Court of Claims, with right of appeal to the Supreme Court of the United States.

On June 26, 1916, Mr. Clapp from the Committee on Indian Affairs of the Senate, submitted a report on the bill (S. 6016) recommending that it, with certain slight amendments set forth in the report, pass.

Incorporated in the report (S. Rept. 545, 64th Cong., 1st sess.) is a letter, dated May 26, 1916, from the Secretary of the Interior to the chairman of the Committee on Indian Affairs, United States Senate, recommending that the bill receive favorable consideration of the Senate Committee.

The bill as amended passed the Senate, was referred to the Committee on Claims of the House, but failed to pass the House.

During the first session of the Sixty-fifth Congress a similar bill was introduced in the House (H. R. 165) and referred to the Committee on Indian Affairs, but failed to pass either House at the Sixty-fifth Congress.

The next effort was H. R. 6493 in the Seventy-first Congress, first session; but it likewise failed of passage.

The case is simple. Fortunately the facts are of record; the evidence is documentary. No costly accounting is necessary. It will not be expensive litigation either for the Indians or the Government. For three quarters of a century the Indians have been seeking redress. Now they merely are asking an opportunity to present their cause to the Court of Claims for a determination of their rights. A letter of the Secretary of the Interior, together with a memorandum from Hon. C. J. Rhoads, Commissioner of Indian Affairs, is appended hereto and made a part of this report.

Hon. LYNN J. FRAZIER,

DEPARTMENT OF THE INTERIOR,
Washington, May 5, 1930.

Chairman Committee on Indian Affairs,

United States Senate.

MY DEAR MR. CHAIRMAN: Further reference is made to your request for report on S. 4051, which would authorize the Pillager Bands of Chippewa Indians in the State of Minnesota to submit their claims to the Court of Claims.

There is inclosed herewith a memorandum by the Commissioner of Indian Affairs setting forth the facts in connection with the claims of these Indians.

The matter has been considered by the Bureau of the Budget, and we have been informed that the expenditures contemplated by the proposed legislation would not be in accord with the financial program of the President.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, April 15, 1930.

Memorandum for the Secretary.

The accompanying communication of April 2, 1930, from Hon. Lynn J. Frazier, chairman of the Senate Committee on Indian Affairs, transmits for report a copy of S. 4051, authorizing the Pillager Band of Chippewa Indians of Minnesota to submit their claims against the Government to the Court of Claims.

The claims referred to in the bill relate to the treaty of August 21, 1847 (9 Stat. L. 908), whereby these Indians ceded to the United States a tract of land containing approximately 700,000 acres for a certain consideration recited in the treaty. This claim is what is known as the Long Prairie claim of the Indians mentioned.

Although the treaty does not so state, it appears that the Pillager Band of Chippewas ceded the land recited in the treaty of 1847 to the United States, believing that the Menominee Indians of Wisconsin would be located thereon. It was desired by the Pillagers that the Menominees be placed on the ceded tract in order that a friendly band could be interposed between them and their enemies, the Sioux, whose land adjoined the tract ceded by the treaty of 1847.

By the treaty with the Menominees of October 18, 1848 (9 Stat. L. 952), the lands were assigned to the Menominee for a reservation but they never removed thereto, and by subsequent treaty of May 12, 1854 (10 Stat. L. 1064), they ceded the land to the United States.

The facts in relation to the claims of the Pillagers are printed in Senate Executive Document No. 137, Fifty-first Congress, first session, to which reference is made. Attention is also invited to report of May 26, 1916, contained in Senate Report No. 545, Sixty-fourth Congress, first session.

It should be pointed out that the treaty of August 21, 1847, upon which the claim is based, recites that the "cession was complete and the consideration fully agreed upon and paid."

The record shows that the tract in question contained nearly 700,000 acres and was sold to the Government for about $15,000; that the United States subsequently ceded these lands to the Menominees in exchange for all their lands in the State of Wisconsin; that subsequently the Menominees manifested a great unwillingness to remove west of the Mississippi, and receded the lands in question to the United States in exchange for a part of their old home in Wisconsin and the sum of $242,686.

The Pillagers have never ceased to complain of the transaction and have maintained that they were overreached by the Government.

If the committee should conclude, upon investigation, that there is any merit in the claim of these Indians, it would seem that it would be unnecessary to refer it to the Court of Claims, as the Congress can determine what would be a proper amount to compensate these Indians and to make an appropriation in full settlement thereof. C. J. RHOADS, Commissioner.

O

FLOOD CONTROL ON TRIBUTARIES AND OUTLETS OF

MISSISSIPPI RIVER

MAY 29, 1930.-Ordered to be printed

Mr. JOHNSON, from the Committee on Commerce, submitted the

following

REPORT

[To accompany H. R. 8479]

The Committee on Commerce, to whom was referred the bill (H. R. 8479) to amend section 7 of Public Act No. 391, Seventieth Congress, approved May 15, 1928, having considered the same, reports favorably thereon with the recommendation that the bill do pass with the following amendments:

Page 2, line 1, after the word "expenditures", insert the words "heretofore incurred or made".

Page 2, line 3, after the word "destroyed", strike out the word "by" and insert the words "by the flood of 1927 or subsequent". Page 2, line 8, after the word "tributaries", insert the words "or outlets".

This bill was first introduced by Senator Robinson of Arkansas as S. 271, Seventy-first Congress, first session, April 18, 1929, and the identical measure was introduced in the House on January 11, 1930, as H. R. 8479, Seventy-first Congress, second session. It was amended by the House in some particulars, but the spirit and intention of the original bill were retained, and the measure passed the House on the 23d of May, 1930.

Report No. 1548 of the House Committee on Flood Control on this bill is attached and made a part of this report.

[House Report No. 1548, Seventy-first Congress, second session]

The Committee on Flood Control, to which was referred the bill (H. R. 8479) to amend section 7 of Public Act No. 391, Seventieth Congress, approved May 15, 1928, having considered the same, report it to the House with the following amendments with the recommendation that it do pass:

Page 2, line 1, after the word "tributaries", insert the words "or outlets".

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