University of Oklahoma College of LawUniversity of Oklahoma College of Law Digital CommonsAmerican Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-18998-2-1892Stockbridge and Munsee IndiansFollow this and additional works at: https://digitalcommons.law.ou.edu/indianserialsetPart of the Indian and Aboriginal Law CommonsThis Senate Report is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted forinclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of Universityof Oklahoma College of Law Digital Commons. For more information, please contact darinfox@ou.edu.Recommended CitationS. Rep. No. 1108, 52nd Cong., 1st Sess. (1892)Calendar Nos. 1136 and 1137. 52D CoNGREss,} 1st Session. SENA'l'.ffi. { REPORT No. 1108. IN THE SENATE OF THE UNITED STATES. AUGUST 2, 1892.-0rdcred to be printed. Mr. JONEs, of Arkansas, from the Committee on Indian Affairs, sub-mitted the following REPORT: [To accompany H. R. 3594 and S. 2977.] The Committee on Indian Affairs, to whom was referred the bill ( S. 2977) for the relief of the Stockbridge tribe of Indians in the State of Wisconsin and the bill (H. R. 3594) for the relief of the Stockbridge and ~fun!'!ee tribe of Indians in the State of Wiseonsin, have considered the same and report them hack to the Senate with the recommendation that the House bill be passed and the Senate bill be indefinitely post-poned. The Indian appropriation bill approved March 3, 1855, page 699, (10 Stat. at Large) contains the following provision: For the purpose of enabling the President to treat with and arrange the difficul-ties existing among the Stockbridge and Munsee Indians of Lake Winnebago, in the ~tate of Wisconsin, arising out of the acts of Congress of third of March eighteen liundred nn,d been paid to them under the treaty by the State of New York had been squandered, the lands allotted to them had been sold, and all the Indians were poor and destitute. This condition of things led to the negotiation of another treaty with these Indians which was r concluded February 5, 1856. In the negotiation of tbis treaty all of the Indians were invited to participate, which they did, four-fifths of the entire population of the tribe signing the treaty. · This treaty, after reciting the several treaties and acts of Congress passed and bad prior thereto in relation to the Stockbridge andMunse~ tribes of Indians, the constant dissensions that in years past had existed among them, and the avowed object and intention thereof of relieving them from the complfcated difficulties by which they were surrounded and establishing comfortably together all such Stockbridges and Munsees wherever located-in Wisconsin, the State of New York, or west of the Mississippi-as were included in the treaty of September 3, 1839 (11 Stats., 557), and desired to remain under the paternal care of the Gov-ernment of the United States, provides in articles 1, 2, and 3, as follows: "ARTICLE I. The Stockbridge and Munsee tribes, who were included in the treaty of September third, one thousand eight hundred and thirty-nine, and all the individual members of said tribes, hereby jointly and severally cede and relin-quish to the United States all their remaining right arid title in the lands at the town of Stockbridge, State of Wisconsin, the seventy-two sections of land in Minnesota set aside for them by the amendment to the treaty of November twenty-fourth, one thousand eight hundred and forty-eight, the twenty thousand dollars stipulated to be paid to them by the said amendment, the sixteen thou-sand five hundred dollars invested by the United States in stocks for the benefit . of the Stockbridg-e tribe in conformit.v to Article IX of the said treaty, and all claims set up by and for the Stockbridge and Munsee tribes, or by and · for the B STOCKDRIDGE AND MUNSEE INDIAN!, Munsees s-:parately, or by and for any individuals of the Stockbridge tribe who claim to have been deprived of annuities since the year one thousand eight hun-dred and forty-three, and all such and other claims -set up by or for them or any of them are hereby abrogated, and the United States released and discharged thcm .:from. . '' AR'l'ICLE II. Inconsideration of such cession and relinquishment by said Stock-bridges and Munsees, the United States agree to select as soon as practicable, and to give them a tract of land in the State of Wisconsin, near the southern boundary of the Menomonee Reservation, of sufficient extent to provide for each head of a 'family and others lots of land cA eighty and forty acres as hereinafter provided; every such lot to contain at least one-half of arable land, and to pay, to be expended for improvements for the said Stockbridge and Munsees, as provided in Article IV, the sum of forty-one thousand one hundred dollars, and a further sum of twenty thousand five hundred and fifty dollars to enable them to remove. "ARTICLE III. As soon as practicable after the selection of the lands set aside for these Indians by the preceding article, the United States shall cause the same to be surveyed into sections, half and quarter sections, to correspond with the public surveys, and the coWlcil of the Stock bridges and Munsees shall, under the direction of the superintendent of Indian affairs for the northern superintend-ency, make a fair and just allotment among the individuals and families of their tribes. Each head of ·a family shall be entitled to eig}lty acres of laud, and in case his or her family consists of more than four members, if thought expedient by the said council, eighty acres more may be allotted to him or her; each single male person above eighteen years of age shall be entitled to eighty acres; and each female person above eighteen years of age, not belonging to any family, and each orphan child, to forty acres; and sufficient land shall be reserved for the ri:sing generation. '·A iter the said allotment is made, the persons entitled to land may take immedi-ate possession thereof, and the United States will thenceforth and until the issuing of L·hO patents as hereinafter provided hold the same in trust for such persons, and certificates shall be issued in a suitable form guaranteeing .and securing to the holders their possession and an ultimate title to the land; but such certifi-. cates shall not be assignable, and shall contain a clause expressly prohibiting the sale or transfer by the holder of the land describad therein. After the expira-tion of ten years, upon the application of the holder of such certificate, made with the c msent of the said Stockbridge and Munsee council, and when it shall ap-pear prudent and for his or her welfare, the President of the United States may direct that such restriction on the power· of sale shall be withdrawn and a patent issued in the usual form. "Should any of the heads of families die before the issuing of the certificates or patents herein provided for the same shall issue to their heirs; and if the holder of any such certificate shall die without heirs his or her land shall not revet·t to the United States, unless on petition of the Stockbridge and Munsee council for the issuing of a new certificate for the land of such deceased pers·)n to the holder of any other certificate for land, and on the surrendering to the United States of such other certificate by the holder thereof the President shall direct the issuing of a new certificatA for such land; and in like manner new cer-tificates may be given for lots of land, the prior certificates for which have baen surrendered by the h(')lders thereof.,. It will be observed that by the treaty all of the Stockbridges were recognized as having rights thm·eunder, and that the so-called Citizen party was recognized as being equally interested. with t_he so-called Indian party in the reservation to which they were removed, and o~ a part of which they are now located. It se3ms from the papers herew1th, that Stephen Gardner, whose name appears sie;ned to the treaty of Ul56, received an allotment under the third article of that treaty, the west half of the northeast quarter of section 26, township 28, range 14, 80 acres, and that this is the land upon which he is now located, but which was subsequently to its allotment to him .reallotted to Sterling Pet3rs under the act of 1871 (16 Stats., 404). On February 6, 1871, Congress passed an act to provide for the sale of a part of .the Stockbridge Reservation and a division of the trib3 into two parties, viz, those who desired to become citizens of the United States and those who desired to retain their status as Indians. Section 6 of that act is as foilows: "That, for the purpose of determining the persons who are members of said tribes and the future relation of each to the Government of the United States, there shall be prepared, under the direction of the Commissioner of Indian Af .. fairs, or such person. as may be selected by him to superintend the same, two STOCKBRIDGE AND MUNSEE INDIANS, 9 rolls, one to be denominated the Citizen roll, to embra~e the names of all such persons of full age, and their families, as signify their desire to separate their relations with said tribe, and to become citizens of the United States; the other to be denominated the Indian roll, and to embrace the names of all such as desire to retain their tribal character and continue under the care and guardianship of the United States; which said rolls shall be signed by the sachem and council-lors of said tribe, certified by the person superintending the same, and returned to the Commissioner of Indiana Affairs; but no person of full age shall be entered upon said Citizen roll without his ol" her full and free consent, personally given to the person superintending such enrollment; nor shall any person, or his or her decendants, be entered on either of said rolls who may have heretofore sep-arated from said tribe and· received allotment of lands under the act of Congress for the relief of the Stockbridge tribe of Indians, of March third, eighteen hun-dred and forty-three, and amendment of August six, eighteen hundred and forty-six, or under the treaty of February five, eighteen hundred and fifty-six, or who shall not be of Stockbridge or Munsee descent. After the said rolls shall be made and returned as herein provided, the same shall be held as a full surrender andre-linquishment on the part of the Citizen party, each and every one of them, of all claims to be thereafter known or considered as members of said tribe, or in any manner interested in any provision heretofore or hereafter to b'e made by any treaty of law of the United States for the benefit of said tribes, and they and their decendants shall thenceforth be admitted to all the rights and privileges of citizens of the United States." The rolls provided for in this act were prepared in accordance therewith by H. R. Wells, who was appointed a special commissioner for the purpose. The Citizen roll contained 138 names, while the Indian roll contained 112 names. There were about 140 of the Stockbridges and Munsees who were interested in the treaty of 1856, who were excluded from enrollment on either of said rolls, in ac-cordance with the provisions of the law. Of this number it seems that Stephen Gardner, in whose behalf the affidavits and brief, herewith, are submitted, was one. By letter of February 23, 1891, which was referred to this office for report, the President's private secretary transmitted, with other bills, for report as to whether any objections to its approval are known to exist, enrolled Senate bill 712, "An act for the relief of the Stockbridge tribe of Indians in the State of Wisconsin." This bill provided for allotments of lands to the Stockbridges and Munsees located on their reservation and entitled thereto under the act of 1871, for the patenting of the lands in fee simple to them, and the appraisal and sale of the remainder, but the rights of the party which is now known as the" Old Citizen party," in contradistinction to the Citizen party under the act of 1871, if they had any, were entirely ignored and no provision was made for the adjudi-cation of their claim to such rights. In office report of February 27, 1891, thereon the complications existing as to the affairs of the Stockbridge and Munsee tribe were briefly set out as above, and the following recapitulation of the situation was submitted: "(1) That if any member of the Stockbridge tribe became a citizen of the United States under the law of 1843, all of the members of that tribe becarue citi-zens of the United States. Under the statute the entire tribe must have becoiL.~ citizens, or none of the members of that tribe would have become citizens. "(2) That the act of 1846left the tribe in the same status that it was prior to the passage of the act; none of the Stock bridges accepting citizenship under the provisions of the act. "(3) That this being true the treaty of 1848 could not abrogate the rights of any member of the tribe. "(4} That the rights of the entire tribe were recognized in the treaty of 1856, and fou..:-fifths of the entire tribe signed said treaty. "(5) That as tl:e reservation on which the Indians are now located was given thPm by virtue of tlie treaty of 1856, each and every member of the tribe had an eqit.>.l undivided intero..,t i.n the same. '' (6) That the act of 1871 unjustly excluded from the benefits of the common property of the Stockbridge tribe certain members thereof." The bill referred to was not approved by the President, and so it did not be-come a law, and the further complication of this matter was prevented. What-ever relief, if any, the so-called Old Citizen party, the party to which Stephen Gardner belongs, may be entitled to, must come through the action of Congress. 'rhe executive department has not the power to interfere with the execution of the law of 1871, and therefore Congress must act in the premises before the wrong which appears to have been done can be righted. • 10 STOCKBRIDGE AND MUNBEE INDIANS. I am in receipt of a letter of January 27, 1892, from Ron. Thomas Lynch, in-closing a bill (H. R. 3594) entitled "A bill for the relief of the Stockbridge and Munsee tribe of Indians in the State of Wisconsin." This bill was introduced by Mr. Lynch, and has for its purpose the settlement of the controversies and dissensions existing between the different parties of the Stockbridge Indians as above set forth, and he asks for a report feom this office on the bill. It proposes to provide that all persons who were actual members of the said tribe of Indians at the time of the execution of the treaty of 1856, and their de-scendants, and all 'Persons who became members of the tribe under the provi-sions of article 6 of said treaty, and have not since separated themselves from tho tribe, are hereby declared members of said tribe and entitled to share in former tribal funds, and that all members who entered into possession of lands under the allotments of 1856 and 1871, and have resided on said lands continuously since, are hereby declared to be owners of such land in fee simple in severalty, and that the Government shall issue patents to them therefor. In section 2 H provides that the Secretary of the Interior, without unnecessary delay, shall cause to be taken an enrollment of the tribe on the basis of the provisions of this act, the enrollment to be filed, a copy in the Department of the Interior and a copy in the records of the tribe. In view of the foregoing statement of the condition of affairs among the Stock-bridge and Munsee Indians, and in view of the facts contained in the affidavits and brief herewith inclosed, as to the right of Stephen Gardner, whose case, as I have already said, is made a test case, to remain on the lands now occupied by him, and in view of the fact that Mr. Lynch has introduced a bill in Congress which contemplates confirming to the allottees under the treaty of 1856 all the land allotted and now occupied by them, I have the honor to submit the matter for your consideration and for instruction as to whether the suspension of the order for removal of August 31, 1891, shall b e made permanent. A report on Mr. Lynch's bill, H. R. 359-i, will b -; submitted to you at an early date. · The return of the accompanying papers to the files of this office is respectfully requested. Very respectfully, The SECRETARY OF THE INTERIOR. r. J. MORGAN, Oomrnissione1·. The Stockbridge and Munsee tribe of Indians in the State of Wisconsin, bene-ficiaries under the treaty concluded with the United States of America at Stockbridge, in the State of Wisconsin, February 5, 1856, vs. United States. PETITION. The petition of the Stockbridge and Munsee tribe of Indians in the State of Wisconsin respectfully represents: That they were parties to the treaty concluded with the United States on the 5th day of February, 1856, at Stockbridge, in the State of Wisconsin, and that they file this petition in accoraance with the request of the honorable Commis-sioner of Indian Affairs. (2) That on the 8th day of February, 1831, and by the Senate amendment to the treaty with the Menomonees (7 Stats., pp. 342, 406) two townships of land on the east side of Lake Winnebago, in Wisconsin, were S(cured by the United States for the use of the Stockbridge and Munsee tribe of Indians. (3) That on the 3d of September, 1839, the United States purchased by treaty the east half of the two townships of land, and a portion of the tribe oblig·ated itself to move west of the Mississippi (Stats., vol. 7! p. 580), and was paid theil' proportionate share "as a full compensation for aJl their interest in the lands held by the party who remains as well as in the lands hereby ceded to the United States." A few years afterwards a number of these Indians returned back to the tribe, and were told "that they could remain with the tribe until a treaty could be made, whereby provisions would be made to bring them back into the tribe again." (4) That dissension still continued to exist in the tribe; another party arose who were desirous of becoming "citizens of the United States," and, having their lands allotted, accordingly a petition was presented to Congress by a STOCKBRIDGE AND MUNSEE . INDIANS. 11 minority of the tribe, "praying that Congress might pass a law to make the Stockbridge Indians citizens of the United States." The advocates of this measure were called the" Citizen party," and those who opposed it were called the" Indian party." (5) That the prayer of the petition was granted, and on March 3, 1843, the Stockbridge Indians (but not Munsees) were declared citizens of the United States after the performances of certain formalities. (Stats., vol. 5, p. 645.) The first section of this act authorized the lands of the Stock bridges to be pat-ent~d and divided among the different individuals composing the tribe and the holding of these lands by them separately and severally in" fee simple." The second section provides that commissioners are to make a just and fair p:w-titiun and division of the lands among the merubers of the said tribe in accordance to the laws, customs, and regulations of the said tribe, in such manner as shall be consistent with equity and justice. The third section provides for the election of five commissioners from the in-dividuals of the tribe by a majority of the whole number of such voters then pres3nt. The fourth section provides for the allotment and division of the land; similar, indeed almost identical, provisions to the preceding sections for allotments of land. The fifth section provides for the return of the report of the commissioners, and in which appeals shall be received from the allotments. The sixth section provides for the return of copies of the raport of the com-missioners, and that the President of the United States shall cause patents to be issued to the several individuals named in the report of the lands so appor-tioned, and to hold the said lands" in fee simple to themselves, their heirs and assigns." The seventh section directs the return of the report and maps to the Presi-dent, and confers the right of citizenship on the Stockbridge Indians. And there is also a proviso" that nothing in this act contained shall be so construed to deprive them of their rights to any annuity now due them from the State of New York or the United States, but they shall be entitled to receive any such annuity in the same manner as though this act had not been passed." This act was fully complied with on part of the Stockbridge Indians, and the land was allotted. (Rep. Com. of Allotment, August 24, 1843, in Gen. Land Of-fice, Ex. Doc. No. 1, Thirtieth Congress, first session, pp. 742, 775, 778, 781, 789, 790, 797,798, 80-! to 810, inclusive; also, Rep. Com. 1854, pp. 38-9; also, H. R. Mis. Doc. No. 14, p. 2, Forty-sixth Congress, third session). But on the part of the Government it was not carried out; patents remained to be issued to the several persons to whom lands had been setoff in conformity with law (H. R. No. 447, pp. 3-15, Twenty-ninth Congress, first session). Much discontent arose on account of the passage and carrying out this act, a portion of the tribe utterly refusing to acknowledge obedience to its provisions and insisting upon the maintenance of their tribal government. It appeared that the majority of the tribe did not ask for the act, "and that it was forced upon them." Many of the older and influential men, who had praviously borne an important part in the management of their affairs, besought the Dapartment at Washington and succeeded in preventing the issue of patents, and in 1846 by their appeal to Congrass procured a total repeal of the act declaring them citi-zens of the United States (Stat., vol. 9, p. 55). (6) That the said Stockbridge tribe of Indians was restored to their ancient form of government with all powers, rights, and privileges held and exercised by them under their customs and usages as fully and completely as though the above act (18-!3) had not been passed. The spirit, letter, and intent of the committee who reported the bill "believe that the ends of justice would be subserved and the quiet and happiness of the Stockbridges secured, by a total1·epeal of the act of 1843, and a restoration of the tribe to their ancient form of government! and in order that those dissatis-fied spirits who wish to deEert their nation and beoome citizens of the United States may be left without ground of complaint, a provision is inserted in the bill, by which the governor of Wisconsin is authorized to enroll the names of those becoming citizens, so that if a division of the tribe becomes inevitable they may be so separated and divided, territorially, as not to interfere with each other." (Rep. 447, p. 4.) The first section of this act repealed the act of 1843 in toto. The second section provided for the enrollment of the names of such persons of the Stockbridge tribe of Indians as shall desire to become and remain citizens 12 STOCICBRIDGE AND ~fUN~EE INDIANS. of the United States, and the divisi'-·n of the land into two districts, viz: "In~ dian district" and "Citizen district." The lands in the "Indian district'' are to remain and to be held in common ; those in the '' Citizen district" are to he divided; and to each Indian who bEicomes a citizen the subagent shall assign his ratable proportion of land, and pa:ents may be issued to the individual re-servee who becomes a citizen, a title "in fee simple" shall vest in the patentee; "Provided, howevel', That those Indians who become citizens shall forfeit all rights to receive any portion of the annuity which may be or may become due the na-tion of the Stock bridges by virtue of any treaty heretofore entered into by this Government with said Stockbridges." The third section provides for the settlement of claims, and nothing in the act shall be so construed to impair any claim against the DelMvare Nation which the Stoekbridges may have. (7) That there is no evidence of record either in the General Land Office, or the Office of Indian Affairs, of this act ever being canied out, so no member of the tribe ever became a citizen under it; therefore forfeited no rights under said act. (Rep." F" o[ D0c. 23, 1846, Ex. Doc. No.1, pp. 770- '1, 773 - '9, TbietL~th Congress, first session., Rep. Com., 1854, p. 39, Rep. Com. Gen. Land Office of Apr. 18, 1855; also letter of July 17, 1882, marked D; also letter of Com. Ind. Aff 'rs, marked L 13008, 1882, H. R. Mis. Doc. No.14, p. 2, Forty-sixth Congress, third session.) It was found impracticable to carry this act into full effect, as it required an arbitrary division of the reservation into districtR, which would deprive m 1ny of their improvements and impos3 an absolute fod8iture of all annuiti "' S and other claims upon the Government, reswved to them by the form er act of 18-±3. Thm·efore~ in order to ralieve both parties from their embarrassments and to secure to each their just rights, it was claimed the treaty of Novambar 2-!, 18-!8, was made. (Stat., vol. 9, p. 955.) (8) That this treaty was maQ_e with what was called the "Indian party" is admitted in a memorial to Congress by the sachem and councillors of the Stockbridge and Munsee tribe of Indians, p. 3, 4, copy E with Inspector Kem-ble's report 12, November, 1877, Exhibit F to report proper, and their statement (A) accompanying the same. By the fourth article of the treaty it requires patent to issue to those "who become citizens of the United States," a list of whom is given, when in factnone had become "citizer1s," therefore no patents were to issue. But the acts of Con-gress and the treaty of 1848 attempted to accomplish a complete disintegration of the former tribe, and provided that none except such as were then enrolled as Indians should be afterwards recognized as members of the tribe or in any man-ner dealt with as such. (9) That while the claims of the "Indian party" wer3 fully adjusted by the treaty of 18-1-8, those of the "Citizen party" to former annuities were not and have not since been fully provided for. They also had a right to a proportionate remuneration for lands of which the tribe were deprived by treaties with the Miamy and Delawares and other lands in Wisconsin of which they were de-prived of by treaties with the Winnebagoes and Menomonees. No annuities have been paid them since 1843, nor have any other of their just demands been adjusted in any ~anner, except by the settlement in the treaty of 1856, in which the "Citizen party" participated, all of which is more fully set forth in the re-port of E. C. Kemble, of November 12, 1817. A careful examination of all the facts and circumstances connected with the treaty of 1848 wan n ts the conclusion that it was an attempted fraud upon both parties. · (10) That on the 3d March, 1855, the general Indian appropriation bill was passed (Stats., vol. 10, p. 699) "for the purpose of enabling the Presidenttotr~at with and arrange the difficulties among the Stockbridge and Munsee Indians, arising out of the acts of Congress of March 3, 1843, and August 6, 1846, and under the treaty of November 24! 1848." (11) That on June 1, 1855, a treaty was made with the Stockbridge and Munsee tribe of Indians, but was not a,pproved by the Dapartment, anu was raferred back to the Commissioner, who thereupon instructed the sup~rint 2ndent "that arrangements ought therefore to be made at once to provide them with a hom:J * ". * and it should b3 a. home alike for the Stock bridges, whether known as 'citizens' or 'Indians,' and the Munsees, parties to the treaty of September 3, 1839, wherever they may now be, or for·such of them as will remove to such n'3w home within the limited time." (See instruction of Commissioner to superin-tendent of January 7, 1856.} · STOCKBRIDGE AND MUNSEE INDIANS. 13 (12) That under these instructions a treaty was made on February 5, 1856 (11 Stats., p. 663), with the Stockbridge and Munseeindians. This treaty was made to settle the complicated difficulties" by which the tribe was surrounded," to establish comfortably together all such of the Stockbridges and Munsees wher-ever they may be located. By the first article, " the Stockbridge and Munsee tribes who were included in the treaty of September 3, 1839, and all the individual members of said tribes, hereby jointly and severally cede and relinquish to the United States all their remaining right and title in the lands at the town of Stockbridge and State of Wisconsin, the 72 sections of land in Minnesota, the $20,000, the $16,500 invested by the United States, and all claims set up by and for the Stockbridge and Mun-see tribes, or for the Muni3ees separately, or by any individual of the Stockbridge tribe who claims to have been deprived of annuities since the year 1843, and other claims, are he reby abrogated and the United States are hereby released or dis-charged therefrom.'' By the second article, in consideration of such cession and relinquishment of the Stockbridges and Munsees, the United States agrees to select as soon as practicable and to give them a tract of land in the State of Wisconsin near the southern. boundary of the Menomonee Reservation, of sufficient extent to provide for each head of a family, and other lots of land of 80 and 40 acres, and to pay, to be expended for improvements for t.he Stockbridge and Munsees, as provided for in article 4, the sum of $41,100, and the further sum of $20,550 to enable them to remove, and by amendment $18,000, $12,000 for the Stockbridges and $6,000 for the Munsees, to be expended in such manner as may be prescribed by the Secre-tary of the Interior, etc. The third article provides for the survey of such tract and the allotment therein provided, for immediate possession thereafter· by the allottee, and for issue of nonassignable certificates and the issue of patents after the expiration of ten years. Should any of the heads of the families die before the issuing of the certificate or patent the same shall issue to their heirs and land shall revert to the United States. Article 5 provides the persons to be included in the apportionment of the land and money to b e divided and expended under the provisions of this agree-ment shall be such only as ar~ctual members of the said Stockbridge and Munsee tribes, a roll or census of whom shall be taken and appended to 1his agreement, "their heirs and legal representatives, and hereafter the adcption of any indi-vidual amongst them shall be null and void, except it be first approved by the .Commissioner of Indian Affairs." By article 6 it provides those members of the Stockbridge tribe who emi-grated in 1839, the Stockhridges and Munsees agree to receive them as brothers, "Provided, That none of the said Stockbridges or Munsees shall b3 entitled to any of these lands or the money stipulated to be expended under these articles unless they remove to the new location within two years from the ratification hereof." By article 16 provides for the issue of patents to certain persons in full of all claims and demctnd whatsoever in lands, moneys, or annuities of the Stockbridge tribe of Indians. (13) 'l'hat by article 17 "so much of the treaties of S eptember 3, 1839, and of November 24, 1848, as is in contravention or in conflict with the stipulation of this agreement is hereby abrogated and annulled." By article 18 this instrtunent shall be binding upon the contracting parties whenever the same shall be ratified by the President and the Senate of the Unit.ed States. (H) That the treaty was accepted by the Stockbridge and Munsee tribes 8IS a settlement of former "difficulties," and was ratified by the Senate April 18, 185fi, and approved by the President of the United States September 8, 1856. (1!5) That on the 11th of February, 1856, a treaty was made with the Me-nomonees by the United States, two townships of land was purchased for the express purpose of locating thereon "the Stockhddge3 and :Munsee Indians" (11 Stats., p. G7!J). This treaty was proclaimed April :!.J., 1"5G. (16) That about 409 removed under the appropriation of the second article of the treaty to their new homes, and the guaranty of the third article of the treaty, to hold the same in trust for such persons, securing their possJssions and ultimate title to the land, has not been carried out. (17) That a treaty between the United States and the Stockbridge and Munsee tribe of Indians, was concluded in the city of Washington, D. C., on tbe 15th of 14 STOCKBRIDGE AND MUNSEE INDIANS. February, 1867, though not ratified. According to the rolls of said treaty the tribes numbered 392. (18) That on the 6th of February, 1871, an act of Congress was passed entitled "An act for the relief of the Stockbridge and Munsee tribes of Indians in the State of Wisconsin" (Stat., vol. 16, p. 404). By the first section provides for the appraisement of the land and the value of improvements, and the name and owners of such improvement. By the second section provides for the manner in which said lands should be advertised and sold on the reservation, of 18 sections, subject to allotment to members of Indian party. By the third section provides for the payment of expenses of appraisals and sale, the amount due to individuals for improvements, amount of debts, amount-ing to the sum of $11,000. By the fourth section provides a statement, exhibiting the gross amount of money realized from the sale of the two townships of land, after deducting there-from the sums appropriated by the preceding sections, the value of the land re-maining unsold, estimating it at 60 cents per acre; also the $6,000 held in trust by the Government, and shall constitute the entire amount due the tribe from the Government. . By 1he fifth section provides the sums of money shall be divided between the Citizens and Indian party, in proportion to the number of each, according to rolls ~ thereof made and returned in conformity with the provisions of this act to Com-missioner of Indian Affairs, the Citizens party shall be divided per capita, the Indian party's share shall be placed to their credit on the books of the Trea::mrer of the United States, and bear interest at 5 per cent per annum. By secticn 6 provides, for the purposes of determining who are members of the tribe, two rolls sha1l be made, one shall be called the" Citizen rolls," to embrace those who become citizens, the other" Indian roll," to embrace the names of such as desire to retain their tribal character and continue under the guardianship of the United States. "But no person of full age shall be entered upon said Citizen roll without his or her full and free consent, personally given to the person superintending such enrollment. Nor shall any person, or his or her descendants, be entered upon either of said rolls who may have heretofore separated from said tribe andre-ceived allotment of lands under the act of Cong~~ess for the relief of the Stock-bridge tribe of Indians of March 3, 1843, and amendment of August 6, 1846, or under the treaty ofFebruary5, 1856, or whoshall not be of Stockbridge orMun-see descent." By section 7 provides that" after the said rolls shall be made and returned, the said Indian party shall be known as the Stockbridge tribe of Indians." The remaining sections are devoted to provisions for allotments of the land, etc. (19) That on the 24th March, 1874,H.R. Wells wasappointedasa specialcom-missioner to complete the rolls provided by the act, and on the 8th of April made his report. The rolls submitted by him contained the names of 138 Stockbridge and Munsee Indians who wished to become Citizens and 112 who wished to re-tain their tribal relations, leaving about 142 to yet be enrolled in accordance with their previous enumeration, though there is an increase since then. (20) In violation of the provisions of the treaty of February 5, 1856, a large portion of the tribe are deprived of their rights. The land thereby granted to the Stockbridge and Munsee Indians have been sold by the United States, and the proceeds of the sale paid into the Treasury of the United States. (21) That for many years the Stockbridge and Munsee Indians have sought to obtain compensation for the lands thus illegally appropriated by the United St:ltes, but have failed to do so. (22) That the Stockbridge and Munsee tribes of Indians have several times applied to Congress of the United States for relief in the premises, notably to the Forty-fourth, Forty-seventh, Forty-eighth, and Fiftieth Congresses, and the executive branch of the Government upon the the subject, to whose various re-ports your petitioners beg leave to refer, and especially to report of the Hon. J. D. C. Atkins, Commissioner of Indians Affairs, in response to the call of the Senate Committee on Indian Affairs, under date of April 27, 1888, and the repo:rt of Edward Kemble, of November 12, 1877; also the repo t of RobertS. Gardn,:Jr, of November 16, 1886, and that of Special Agent William Parsons, of January 16, 1888. (23) It is claimed on behalf of the Stockbridge and Munsee Indians that their interest in the reservation was equal to those who were enrolled; therefore they STOCKBRIDGE AND MUNSEE INDIANS. 15. are entitled to be enrolled likewise, as they never separated from the tribe, but have continuously resided with the tribe ever since the making of the treaty of February 5, 1856, nor have they become citizens since the repeal of the act of March 3, 1843. (24) That these petitioners claim they had lands allotted to them by the treaty of l!""'ebruary 5, 1856, under the third article, and that the same is duly recorded in a book of allotments made at that time, and that they have continuously re-sided upon the same in peace until 1871, at which time an act of CongrEss was passed providing for the sale of the reservation and the enrollment of the tribes. (25) That they claim the enrollment made by H. R. Wells was unfair in the extr2me, and that it was not made in accordance with the act of 1871. (26) That they claim they were not enrolled under the act of February 6,1871, nor have they since been enrolled, nor have they received any allotment of land under said act. · (27) That they claim Stephen Gardner had land allotted to him under the treaty of 1856, more fully described in the affidavits herewith, and that the same was allotted to Sterling Peters under the act of 1871, and that 1he said Peters's father separated from tho tribe in accordance with the second article of the treaty of September 3, 1839, and received his full share of tribal property (Rev. Ind. Treat .. p. 940, line 41890); as to which stands before the tribe and is best entitled to c ::msideration it does not require much acumen to discover. (28) That these petitioners claim they are justly entitled to the amount claimed in this petition, after al-lowing all just credits and otl'sets, and in support of the equity of their claim beg leave to cite the following authorities: TREATIES. "All treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land." (Art. 6, Const.) ''No obligation of any treaty lawfully made and ratified shall be hereby in-validated or impaired." (Sec. 2079, R. S., p. 366.) "Congress has no constitutional right to interfere with rights under a treaty, except in cases purely political." (Holden vs. Joy, li Wall., 247; Wilson vs. Hull, 6 Wall., 89.) "If the title passed by the treaty of 1856 there were no restrictions upon it. "That a treaty after being exEcuted and ratified by the proper authorities be-comes the supreme law of the land, and the courts can not go back of it for the purpose of annulling it." (1 Cmnch, 103; 6 Pet., 735; 10 How., 442; 2 Pet., 307, 309, 314; Story Const. Law, p. 695.) · LAW. r_:_." No State shall pass any law impairing the obligation of contracts." (Art. 1, sec. 10, Const.) ''No ex post facto laws shall be passed." (Art.1, sec. 9, Const.) "Nor shall any person be deprived of life, liberty, or property, without due process of law." (5th Amend. Qon:st.) PROPERTY. "Nor shall private property be taken for public use without just compensa-tion." (5th Amend. Const.) RIGHTS. "The United States can rightfully make no treaty with a tribe of Indians which will deprive any member of such tribe of lawful right without just com-pensation." (11 0. A. G., 145-6 ) "There is no authority of law by which they can be dispossessed or deprived of their legal rights and interest;:; in the common estate of said tribe without their consent." (6 0. A. G., 148 and 663- 4; sec. 6, Const. of the U.S.) "Could the Government acquire any rights or interests in their lands without making them party to the treaty?" (1 Story's Equity Jurisprudence, sec. 222.) TITLE. "The nature of the Indian title to lands lying within the territorial limits of a State is entitled to be respected by all courts until it be legitimately extin-~uished." (6 Cranch, Rep. 87.) · "Jt is the duty of the Governm.ent to protect t4~ Indian in the possession of 16 STOCKBRIDGE AND MUNSEE INDIANS. their lands, but he is deemed incapable of transferring the title to any other than the sovereigns of the country." (1 Kent Com., No. 258,381, sub. 4; 9 Peters, U.S. Rep., 760.) "The Government can only extinguish the Indian title by purchaseanu con-quest." (1 Kent Com., No. 258.) "No title is valid which is not followed by occu-pation." (Vattel . Bio. 18, sec. 207, 208; Hartin Pixces, p. 3; Greenheu's His. Oregon, Cal., 4th ed., 202.) "The title which they might acquire by occupancy was a base, qualified, or de-terminable fee, with only the possibility of reversion and not the right of rever-sion in the United States, and therefore all the estate is in the Indians." (See de-cision of the United States district court for the western district of Arkansas. May term, 1879, United States vs. Reese, vol. 8, p. 453, Central Law Journal.) · Their lands have been sold by the Government in violation of the pledge of the treaty. These Indians are, in the language of the Supreme Court, the wards of the Government and as such they now appeal to their guardians to turn over to them the proceeds of their own estate. Law and equity alike demand that their appeal should now be heard, and the re-lief prayed for granted. J. C. ADAMS, In behalf of the Stockbridge and Munsee tribe of Indians. UNITED STATES INDIAN SERVICE, GREEN BAY AGENCY, WIS., Keshena, Ju,nuary 29, 1892. SIR: Herewith are forwarded certain affidavits relating to allotment rights on Stockbridge Reservation, together with statement of J. C. Adams, an attorney for some alleged Stockbridge Indians. Very respectfully, CHAS. s. KELSEY, United :States Indian Agent. Hon. COMMISSIONER OF INDIAN AFFAIRS, Washington, D. C. STATE OF WISCONSIN, County of Shawano, ss: Personally came before me Martin D. Aaron, who being duly sworn, deposes and says: That he is 35 years old, am a Stockbridge Indian, .and was enrolled under the act of Feb'y 6th, 1871, on the Indian roll. That I am well acquainted with Stephen Gardner and others who were not enrolled under the act of 1871, and that they were justly entitled to be enrolled as they were signers of the treaty of Feb'y 5, 1~56, and that the said Stephen Gardner had lands allotted to him under the said treaty (see Rev. Treat. p. 951) in accordance to article 3rd of said treaty, and that he has continuously resided upon the land ever since, and made improvements on the same to the amount of about 35 acres, and that he has no other homestead, and that he has always been recognized as a member of the tribe up to the passage of the act of 1871-drawing tribal funds, holding offices, a.nd voting at all tribal elections, and in every way being recognized as a mem-ber of the Stockbridge and Munsee tribe. MARTIN AARON. Sworn and subscribed before me this 12th day of Dec., 1891. (SEAL.] AUGUST G. SCHMIDT, Notary Public. (On file at Pension Dept., Washington, D. C.) STATE OF WISCONSIN, County of Sha1vano, ss: Personally appeared before me, John Yoccum, who, being first duly sworn, deposes and says: That I am 73 years old; am a Stockbridge Indian, and was en-rolled under the act of Feb'y 6, 1871; am well acquainted with St~phen Gardner, and know that his name appears upon the treaty of Feb'y 5, 1856; that he had lands allotted to him on the reservation of the Stockbridges in accordance to article 3rd of the treaty, to wit; w. t of NE. 1 of sec. 26, T. 28, R. 14; No. o~ STOCKBRIDGE AND MUNSEE INDIANS. 17 acres, 80; and that the same was entered October 28th, 1856, and the said Gard-ner has resided upon the land continuously ever sinc0 the making of the treaty, and that he has no other homestead; that he has made improvenient on the same to the amount of about thirt.y-fiva acres, and that he has always b 3en recognized as. a m3mbar of thG trib:J up to the passage of the act of 1871; that he has held offices in the tl'ib~, voted at their elections, dr.::w; tribal funds, and enjoyed aU t.he privileges of the tribe, and that he was entitled to be enrolled as a member of the said tribe, and at the enrollment made by Special Commissioner Wells in 1874 certain parties were enrolled who were not entitled to the same, as the law prohibited them, while others were not allowed to be enrolled, who had the same status as those enrolled, though their names appeared upon the rolls of the treaty of Feb'y 5, 1856, in conformity to article 5th, and they also had lands allotted to them under the 3rd article of said treaty; and further this deponent sayeth not. JOHN (his x mark) YOCCUM. Sworn and subscribed before me this 12 day of Dec., 1891. [SEAL.] AUGUST G. SCHMIDT, Notary Public. (On file at Pension Dept., Washington, D. C.) Witness to mark, MARTIN AARON. STA'l'E OF WISCONSIN, County of Slla'Wa.no, ss: Personally came before me, George T. Bennett, who deposes and says: That! am sixty-eight years old, and a Stockbridge Indian, and was one of the members of the tribe that moved from the State of New York, in the year 1829, with his. parents in connection with others of the Stockbddge Indians. and have in every instance participated in all the benefits accruing to the said tribe, both in money and land; that my rights were recognized by all parties in the treaty of Sept.' 3rd, 1839, in the division of the property of said tribe made by that treaty and my share retained in Calumet County, Wis., with the main portion of the above tribe, and that from the treaty of 1829 my rights has always been respected by the Government and the Stockbridge Indians until the Quinney or Indian party faction arose after the act of March 3rd, 1843, and 1846, and the treaty of No-: vember 24th, 1848, and notwithstanding the effort of these treaties to set my rights aside, I believe that I am a full member of the tribe, . which belief was confirmed by the treaty of settlement made by the Stockbridge and Munsee trib~ of Indians and the Government of the United States by the treaty of Feb'y 5, 1856. That in accordance with the stipulations of the treaty I received my allotment of land under this treaty, viz: E. t, NE. l of Sec. 28, township 28, range 15, 80 acres; W. t of NW. l, Sec. 35, T. 28, R.l4, 80 acres. Entered June 3rd, 1857, and March 5, 1858; that I built a good dwelling house on one of these lots and during my absence off to work, Samuel Miller tore down said house and moved the same away on a lot that he occupied (Miller) on the reservation. That I was one of the delegates sent to examine or explore the country of the new reservation un-der the treaty of 1856 and was also present when the reservation was purchased from the Menomonees Feb'y 11, 1856, and that I opposed it on account of its lo-cation and on account of the "Pine Ring'' and the rigors of the climate, and that I was present at the making of the enrollment of the tribe under the act of Feb'y 6, 1871, by Commissioner H. R. Wells, and that he refused to enroll all those persons who were not parties to the treaty of Nov. 24th, 1848, which treaty was abrogated by the 17th article of the treaty of Feb. 5, 1856, and was of noneffect. That Mr. Wells admitted to me" that the whole proceedings vy-ere unjust, and that the' headmen' were the greatest set of villains that ever went unhung.'' That I am well acquainted with Stephen Gardner, and that he had land allotted to him under the treaty of February 5, 1856, to wit: W. t NE. l, sec. 26, T. 28, R. 14, number of acres 80; and that the same was duly entered October 28, 1856, and is recorded in the book of allottments made under the treaty; that the said Gardner has 90ntinuously resided upon the land, except the time he was in the United States service as a soldier, and that he has made improvements upon the same to the amount of about 35 acres, and that he has a g·ood dwelling-ho}lse and other buildings on the place, and that he has no other homestead; that he occupies the same land' that he first entered. S. Rep.llOS-2 18 STOCKBRIDGE AND MUNSEE INDIANS. That the said Gardner's name appears upon the rolls in accordance to article 5th of said treaty, which says: "The persons to be included in the apportion-ment of the land and money to be divided and expended under the provisions of this agreement shall be such only as are actual members of the said Stockbridge and Munsee tribes (a roll or CeilSUS of whom shall be taken and appended to this agr0ement), and their heirs and legal representatives;" that after the expira-tion of ten years this deponent asked to have the patent to his allotment issued to him; but I was refused, having fulfilled the condition of the'treaty on my part, and it only remained for the Government to fulfill the condition of its contract, and think we should not be held liable for the neglect of the Government to issue the patents. Further this deponent sayeth not. GEORGE T. BENNET1.'. Sworn before me this 16 day of Dec., 1891. [SEAL.) AUGUST G. SCHMIDT, JYotatt·y Public for Shawano Co., Wis. (On file at Washington, D. C., at Pension Dept.} Witness: F. SEYMEN. STATE OF WISCONSIN, County of Shawano, ss: Personally appeared before me Stephen Gardner, who being duly sworn, de-poses and says: That I am 65 years old; am a Stockbridge Indian; am not en-rolled upon either of the rolls. Have always lived with the tribe, mingled and contributed my property with the tribe, thereby greatly enhancing its value, and that I have drawn provisions, tribal funds, voted at their election8, held of-fice in the tribe, and in ev~ry way being r ecognized as a member of the tribe. I am a signer of the treaty of Feby. 5th, 1856, and my name so appears upon the rolls. (Rev. Ind. Treat., p. 959, line 42720); that I have land allotted to me under the 3rd art. of the treaty, to wit: W. i NE. 1-, sec. 26, T. 28, R.l4~ recorded Oct. 28th, 1856, in the book of allotments made under the treaty of 1856; that T have resided continuously upon the place ever since it has been allotted to me, with the exception of my service in the U.S. A., that I was mustered in on the 9th day of Aug., 1862, and remained until I received an honorable discharge, the 12th day of June, 1865, and that I left my money with State Treasurer Samuel D. Hasting until I returned home, which I expended in making improvements upon the place, and that Ialsoexpended a portion of the money on the place, and that I received under the act of 1871 and from my improvement at Stockbridge, Calumet Co.,and thatihaveabout35 acres improvements on the place, besides a frame dwell-ing-house and a barn and other buildings, and that I have no other homestead, and that I never complied with the act of March 3rd, 1843, inasmuch as the act never was carried out; patents were never issued under this act (Rep. 447, H. R., 29th Cong., 1st sess., p. 15), but on Aug. 6,1846, this actwas repealed, and the restora-tion of the tribe to its ancient form of government (9 Stat., 55) was effected, and that I still occupy the same land I entered on the 28th day of October, 1856. That I was present at the enrollment made by Special Commissioner H. R. Wells, and was not allowed to enroll, and that I have not had the opportunity of enrolling since. Nor have I had the opportunity to apply for my allotment un-der the act of 1871. That the reason alleged for not enrolling me was that I had become a citizen under the act of March 3rd, 1843, and that I had received allot-ments of land under the act of 1843, which apply with equal force to those en-rolled, and that I verily believe the reason for not ·enrolling me was that I would not enter into a contract or a money consideration to have my name placed upon the rolls. (See my affidavit of Aug. 20,1887, before Wm. Parsons, U.S. Indian Special Agent on file in Dept. of Ind. Affairs.) Further this deponent sayeth not. STEPHEN GARDNER. Sworn before me this 16 day of December, 1891. [SEAL.] AUGUST G. SCHMIDT, Notm·y Pttblic, /::ihawano Co., Wis. (On file at Pension Dept., Washington, p. C.} Witness: F. SEYMEN. STOCKBRIDGE AND MUNSEE INDIANS. 19 STATE OF Wn::CONSIN, SHAWANO COUNTY, O,t}ice of the Cle1·k of the Oi1·cuit Court, ss: I, C. A. Raisler, Clerk of the Circuit Court of the county of ShawauJ, in the State of Wisconsin, the said court being a court of record, and having a seal. do hereby certify that Aug. G. Schmidt, esquire, whose name appears subscribed to the annexed instrument, was, at the date thereof, a notary public within and for said State, residing in said county, duly Pppointed and qualiiied, and em-powered by the laws of said State to administer oa1hs, 1ake acknowledgments of deeds, and perform such other duties as by 1 he law of nations or according to commercial usage may be perf1 rmed by no1 aries public; and that to his acts and attestations, as such full faith and credit are and ought to be given, in court and out. I fur·ther cer: ify that I verily believe said signature purporting to be his. is genuine: that the scal1 hereto at1 acbed is a correct impression of his offi- -cial seal: and that said fnstrument is executed and acknowledged according to the laws of said State. In witness whereof, I have hereunto set my hand and affixed the seal of said court, at the city of Shawano, in Raid county and State, on this 21st day of Decem-ber A. D. 1891. [SEAL.] C. A. RAISLER, Clerk of Circuit CoU'rt, as afoTesaid. I, Joseph Gauthier, United StatPs Indian interpreter for the Green Bay Agency, do hereby certify that I am acquainted with Stephen Gardner, of the Stockbridge and Munsee tribe of Indians, and that he had land allotted to him under the treaty of February 5, 1856, and that the same was duly recorded in a book of al-lotments also placed upon the map of the reservation, and this map was hung up on side of the wall in the offi.ce of the agency at Keshena, so that it could be re-ferred to when any one entered land who was a member of the said tribe, and, to my knowledge and belief, all the excluded party were at that time recognized as members of the said tribe, and those who were o~d enough or head of a family had land allotted to them in accordance to the sa1d treaty, and that they have ever since resided upon the said land, and made improvements upon the same. I have also been upon the said land to appraise the said improvements before they were paid for. I was interpreter at that time, and that they have no other home-stead except this land. JOSEPH GAN'l'HIER. KESHENA, WIS., Dec. 21, 1891. Personally appeared before m~, Joseph Gauthier, and acknowledged the above signature to be his free act. DEC. 21ST, 1891. STATE OF WISCONSIN, Lang lade Cmtnty, ss: CHAS. S. KELSEY, U.S. Ind. Agent. J. C. Adams, being first duly sworn, deposes and says: I have carefully examined the original town records of the allotment of land to the Stockbridge and Munsee Indians, and that page 11, hereunto attached, is a correct copy of line numb:wed one, two, three, four, and five, and line numbered twenty-seven on page eleven of said original town record, and that said attached copy was made by me from said original record. J. C. ADAMS. Subscribed and sworn to before me this 25th day of . Jan., A. D. 1892. [SEAL.] . F. J. FINUCANE, Notary Public in and for Lang1ade Co., Wis. STATE OF WISCONSIN, County of Lang,lade, ss: I, T. H. Ward, clerk of the circuit court of the county and State aforesaid, do hereby certify that F. J. Fincaneis, and was at the time of taking the within af~ fidavit, a notary public, duly appointed and qualified; and believe that his siglla-20 STOCKBRIDGE AND MUNSEE INDIANS. ture within written is genuine, and that he is authorized to administer oaths and take acknowledgments ofpaper according to the laws of Wisconsin. Given under my hand and the seal of said court, this 25th day of January, A. D.1892. (SEAL.] T. H. WARD, Clerk of Cfn'ttit Court in mndfor Langlade County, lVisconsin. "Record of lots ente1·ed by individuals of the Stockb1·idge and ~[unsee t1·ibes of In-dians in conj01·mity to article 3'rd, Treaty Febrna?y 5th, 1856." · ' Date. Names of persons. Desct·iption. Sec. r_r' R. No. acres. Remarks. ----1856. Oct. * '* * * * 26 28 14 80 Head of family. 28 Stephen Gardner_ W.tNE.L " " " .. " • VIEWS OF THE MINORITY. The subcommittee on Indian Affairs, having had under considera-tion the bill (H. R. 3594) entitled "A bill for the relief of the Stockbridge and Munsee tribe of Indians, in the State of Wisconsin," I submit the following minority report: To enact this bill into a law would, in effect, repeal the act of 1871, entitled "An act for the relief of the Stockbridge and Munsee tribe of Indians, in the State of Wisconsin'' (Stats., vol. 16, p. 404). The pro-visions and requirements of this latter act have been carrie4 into effect. Three-fourths of the Stockbridge and Munsee Reservation, as it existed when the act passed, have been sold and the proceeds distributed as required by the law. Who constituted the Indian party and who con-stituted the Citizen party was determined by the Indian Bureau, in pursuance of its terms. The Indian party, as thus legally determined, is the owner and in possession of the present little reservation, consist-ing of eighteen sections of land. The money resulting from the sale of the balance (fifty-four sections, or three-fourths of two townships), in addition to $6,000 trust funds. mentioned in the fourth section of the act of 1871, was distributed as follows: The pro rata share of those designated as the" Citizen party" was duly paid over to them indi-vidually, and the balance, which would be due the "Indian party," was paid into the Treasury of the United States and has since consti-tuted the trust fund on which an annuity has been paid to the said In-dian party. This law was enacted twenty-one years ago, and was seasonably car-ried out. The Indian party has been in possession of the reservation of eighteen sections, and there has been paid to them the small annuity above mentioned since that time. The enactment of the 1871law seems to have had the aid and sanction of the Representatives in Congress from Wisconsin, and was prayed for by the Indians themselves. The condition of things resulting from that act having now existed for up-ward of twenty years, should not be disturbed. But the bill under consideration proposes to wipe out, so far as it may be done, whatever has been effected by the law of 1871. It proposes to declare persons members of the Stockbridge tribe, and have them share in the reservation and tribal funds, whom the officials of the Indian Bureau, acting under the plain terms of the law of 1871, found not to be members of the tribe and not entitled to share with the Indian party in either the reservation or the funds. The bill not only proposes thus, but further proposes to make the alleged claim of these other persons retroactive in such way as to entitle them to a pro rata share of all annuities paid the tribe since 1871. It is evident that this would work a great wrong. It would disturb rights of long stand· ing which have been based upon a solemn statute. 21 22 STOCKBRIDGE AND MUNSEE INDIANS. I am satisfied from the proofs laid before the committee that the per-sons whom the bill thus proposes to have declared members of the present tribe had, previous to 1871, separated themselves from the tribe, declined to be members of it, declared themselves opposed to maintaining further tribal relations, and received their full share of the tribal property. To restore them now, as proposed, would require either to deplete and pay over to these persons the annuity fund of the pres-ent tribe, or require a large appropriation from the Government Trea~ury. The claim is not based upon equity and should not be anowed. If there are Indians who were formerly members of the Stockbridge tribe, and who previous to 1871 went out from the tribe and took their share of the tribal property with them, and who are now in destitution, the United States or the State of Wisconsin should provide for them in some proper way, but can not rightfully take the money and lands belonging to the present tribe and use it to that end. The whole question is fully discussed by the Commissioner of Indian Affairs in House Mis. Doc. No.14, Forty-sixth Congress, third session, which I print herewith as Appendix A. The position taken by the present tribe is also set out at length by the protest of its delegate, A. Miller (Senate Mis. Doc. No. 119, Forty-eighth Congress, first ses-sion), which is made Appendix B. F. B. STOCKBRIDGE, Minority of Subcommittee. APPENDIX A. [House Mis. Doc. No. 14, Forty-sixth Congress, third session.] LETTER FROM THE ACTING COMMISSIONER OF INDIA'N AF-FAIRS TO THE CHAIRMAN OF THE COMMITTEE ON INDIAN AFFAIRS OF THE HOUSE OF REPRESENTATIVES, IN RELA-1'10N TO THE BILL OF THE HOUSE OF REPRESENTA'l'IVES FOR THE RELIEF OF THE STOCKBRIDGE AND MUNSEE TRIBE OF INDIANS, IN THE STATE OF WISCONSIN. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, Feb1·ua?·'IJ 21, 1881. SIR: I am in receipt of a letter from A. H. Gallaway, clerk to the House Com-mittee on,Indian Affairs, dated the 18th ultimo, transmitting, by your direction, bill H. R. 367 8. Forty-sixth Congress, second session, "F'or the 1 elief of the Stockbridge and Munsee tribe of Indians, in the State of Wisconsin," and re-questing an expression of opinion from this office thereon. The preamble of the bill recites that a treaty was entered into on February 5, 18:)(), between the Government and the Stockbridge and Munsee Indians, in which the said Indians ceded certain lands to the United State3, and accepted, in con-sideration thereof, certain lands as a reservation, to which said Indians re-moved, and upon which they have ever since resided. It also recites that by the interpretation placed by Government officials on the act of February 6, 1871, an act for the relief of said Indians, a large rart of said Indians (and their de-scendants ) who signed said treaty of 1856, and have continued with said tribe from the making of said treaty to the present time, are excluded from participating in tribal funds and the right to occupy said reservation. The bill then proceeds to enact that all persons who ioined in the execution of the said treaty of February 5, 1856, and the descendants of such persons, and all persons who, being- members of said tribe, did not join in the said treaty, but have ::>inc 3 the making of the treaty come in under it and resided with said tribe upon its reservation, who did not in and by said treaty, and have not since its STOCKBRIDGE .AND MUNSEE INDIANS. 28 execution, separated from said tribe, are hereby declared members of said Stock-: bridge and Munsee tribe of Indians, and entitled to share in tribal funds and the occupancy of tribal lands. Section 2 of the bill enacts that it shall be the duty of the Secretary of the In-terior, without unnecessary delay, after the passage of the act, to cause to be taken an enrollment of said tribe on the basis of the provisions of the act, which enrollment shall be filed, a copy in the Department of the Interior and a copy in the records of said tribe. I have the honor to report thereon as follows: · By Senate amendment to the treaty with the Menomonees of February 8,1831 (7 Stat., 3-!7), two townships of land on the east side of Winnebago Lake, Terri-tory of Wiscom;in, were set aside for the use of the Stockbridge and Munsee tribes of Indians, all formerly of the State of New York, but a part of whom had then already removed to Wisconsin. The Indians took possession of these lands, but internal dissensions afterwards led to the treaty of September 3, 1839 (7 Stat., 580), by which the east half of said two townships, containing 23,040 acres of land, was r etroceded to the Unit :;d States, and in conformity to which a part of the Stock bridges and Munsees emi-grated west of the Mississippi. Dissensions still continuing to exist amongst them, an act of Congress, pur-porting to be an act for their relief, was passed March 3, 18-!3 (5 Stat., t:i-!5), by which provision was made for a division of the lands in their reservation amon . .J·st them in severalty, and for their becoming citizens. It appears by the records of this office that this law was in fact accepted by all the Indians in the exercise of some of the privileges conferred by it, particLilarly that of selling and conveying lands;. and had been fully carried out except as to the issuing of patents to the allottees. By an act of August 6, 1846 (\-J Stat., 55), the act of 1843 was 1;epealed, and the Steck bridges were restored to their position and customs as Indians, except such as preferr0d remaining citizens, and who should come forward and r egis tee their names with the subagent within three mont'tls. The reservation was then to be divided betwe _n the parties in proportion to numbers, one part to be called the citizen and the other the Indian district, and the lands in the fol·mer to be al-lotted in sev~ralty, as under the first law. The citizen party refused to come forward and enroll their names, alleging that they were already invested with citizenship and all its privileges, of which Congress had no power to deprive them, and they were unwilling to do anything that would lead to the assignment which had been made of the lands being disturbed, many of them having been sold to innocent purchasers for a valuable consideration. Thus there was no basis for a division of the reservation between the parties, and it became im-practicable to proceed further in the execution of the law according to its intent. To remedy these difficulties another treaty was entered into with the Stock-bridge Indians November 24, 1848 (9 Stat., 955), whereby nearly half of the lots r of land in the township were recommended to be patented to Indians of the citi-zen party and white men named in a schedule, and the remainder of the town-ship was sold to the Government to be brought into market at the appraised value, and the Stockbridges l.;elonging to the tribal organization stipulated to remove west of the Mississippi. This treaty was amended by the Senate, giving the Indian party seventy-two sections of land west of the Mississippi and &-25,000 for old claims which the Stockbridges and Munsees had for some time past been urging upon the Gov-ernment, and was carried out as to the payments due under said treaty at the time, but the removal of the Indians was delayed by the Government not suc-ceeding, until 1852, in purc~asing lands from the Sioux. When the lands in Minnesota were put at their disposal the Stockbridges set up a claim against the Government for not r 0moving them so:mer, refused to remove, and applied for the township cf Stockbridge to be ceded to them, which proposition was rejected, but a location offered to them in Wisconsin, near the Menmnonee and Oneida reservation, if they should prefer it to the location in Minnesota. In the mean time the Stockbridges. parties to the treaty of 1848, had squandered the moneys paid to them under that treaty and by the State of New York, and the others had sold almost all their lots of land and were poor and destitute. A white population of nearly three times the numberof Indians was living inters:reesed with them on lands bought from the Indians or on lands sold in 1848 to the Government, and many of the latter, after buying out the In-dians' right of tempor~ry occupancy, had. settled on the improved lots, expect-ing· to buy them when brought into market. The township was governed b_v 24 STOCKBRIDGE AND MUNSEE INDIANS. supervisors, justices of the peace, and other township officers, while the Indian ·organization had a sachem and councilors, and the Indians contended, whenever to their interest, that the courts and other authorities of the State had no juris-diction over them. Tax titles accrued on many lots, even on those held by the Government, for taxes levied under the authority of the Territory, and the con-fused state of affairs then existin2" was believed to be without a parallel any-where. By the general Indian appropriation bill of March 3, 1855 (10 Stat., 699), Con-gress appropriated the sum of $1,500 to enable the President to treat with and arrange the difficulties among the Stockbridge and Munsee Indians arising out of the said acts of Congress of March 3, 1843, and August 6,1846, and the treaty {)f November 24, 18-18, in such way as to do justice to the Indians, the settlers on ~he reserve, and the Government, and thus relieve the questions from the com-plications and embarrassments by which they were surrounded. By direction of the Secretary of the Interior, the then Commissioner of the General Land Office, John Wilson, esq., was instructed to proceei!. to Lake. Win-nebago and confer with the Superintendent of Indian Affairs at Lake Winne-bag·o, in order to a settlement of the various and delicate questions involved. Thereupon a settlement treaty was made with the Indians on the 1st of June, 1855, which was transmitted to this office by the superint.:mdent, with a notifica-tion that, in his opinion, it ought not to be submitted to the Senate. In there-port of Mr. Wilson, afterwards received, the same opinion was expressed, and by the honorable Secretary's direction the subject was refetTe:l back to the su-perintendent and the Indians. Subsequent negotiations between that officer (Mr. F. Huebschmann) and the Stockbridge and Munsee tribe of Indians assembled in general council, and such of the Munsees who were includ.:ld in the treaty of September 3, 1839, but were yet residing in the State of New York, represented by duly authoriz.ed delegates, resulted in the concluding of the treaty of Febru-ary 5, 1856 (11 Stat., p. 663). This treaty, after reciting the several treaties and acts of Congress thereto-fore had and passed, in relation to the Stockbridge and Munsee tribes of Indians, the constant dissensions then and for years past existing among them, and its avowed object and intention of relieving them from complicated difficulties by which they were surrounded, and establishing comfortably together all such Stock bridges and Munsees, wherever located-in Wisconsin, in .the State of New York, or west of the Mississippi-as were included in the treaty of September 3, 1839, and desired to remain, for the. present, under the paternal care of the United States Go ernment, and for the purpose of enabling such individuals of said tribes as were then qualified and desirous of managing their own affairs to ex-ercise the right and to perform the duties of the citizen, provides as follows: "AR'l'ICLE I. The Stockbridge and Munsee tribes, who were included in the treaty of September third, one thousand eight hundred and thirty-nine, and all the individual members of said tribes, hereby jointly and severally cede and relinquish to the United States all their remaining right and title in the lands it the town of Stockbridge, State of vVisconsin, the seventy-two sections of land an Minnesola set aside for them by the amendment of the treaty of November twenty-fourth, one thousandeight hundred and forty-eight, the twenty thousand dollars stipulated to be paid to them by the said amendment, the sixteen thou-sand five hundred dollars invested by the United States in stocks for the benefit of the Stockbridge tribe in conformity to ArtiCle IX of the said treaty, and all claims set up by and for the Stockbridge and Munsee tribes, or by and for the Munsees separately, or by and for any individuals of the Stockbridge tribe who claim to have been deprived of annuities since the year one thousand eight hundred and forty-three, and all such and other claims set up by or for them or .any of them are hereby abrogated, and the United States released and d~charged therefrom. "ART. II. ln consideration of such cession and relinquishment of said Stock-bddges and Munsees, the United States agrees to select, as soon as practicable, and to give them a tract of land in the State of Wisconsin, near the southern boundary of the Menomonee reservation, of sufficient extent to provide for each head of a family, and other lots of land of eighty and forty am·es, as hereinafter provided; every such lot to cont:::tin at least one-half of arable land, and to pay, to be exp.mded for improvements for the said Stockbridges and Munsees, as provided in Article IV, the sum of forty-one thousand one hundred dollars, and a further sum of twenty thousand five hundred and fifty dollars to enable them to remove. and (amendment) the further sum of eighteen thousand dollars (twelve thousand for the Stockbridges and six thousand for the Munsees), to be ex-STOCKBRIDGE AND MUNSEE INDIANS. 25 pended, at such time and in such manner as may be prescribed by the Secretary of the Interior, in the purchase of stock and necessaries, the discharge of the national or tribal debts, and to enable them to settle their affairs." Article III provides for the survey of such tract and allotment thereof in man-ner therein provided, for immediat ::l possession thereafter by the allot tees, for the issue of nonassignable certificates, and for the issue of patents in the usual form to the holder of such certitlcates after the expiration of ten yea:·s , with necessary provisions in case of the death of the persons entitled. Article IV provides for the manner in which the moneys set a11ide for improve-ments by the second article shall be expended, viz, one-fourth to the building-of roads, the erection of a Echoolhouse, and other public improvements, and the residue for improvements to be made by and for the different members and fam-ilies comprising said tribes according to a system to be adoptad by said council, under the direction of the superintendent, approved by the Commissioner of In-dian Affairs. Article v provides·-" The persons to be included in the appointment of the land and money to be divided and expended under the provisions of this agreement shall be st:ch only as are actual memters of the said Stockbridge and Munsee tribes (a roll or cen-sus of whom shall be taken and appenced to this agreement), their heirs and legal representatives, and hereafter the adoption of any individual amongst them shall be null and void, except it be :first approved by the Commissioner· of Indian Affairs." Article VI provides-" In case the United States desire to locate on the tract of land to be selected as herein provided, the Stockbridges and Munsees emigrated to the west of the Mississippi in conformity to the treaty of September thiL"d , one thousand e · g ht hundred and thirty-nine. the Stockbr dges and Munsees, parties to this t eaty, agree to receive them as brethren; provided that none of the said StockbL·idges and Munsees, whether now residing at Stockbridge, in the State of Wisconsin, in the Sta':e of New York, or west of the Mississippi, shall be entitled 1o any of these lands or the money stipulated to be expended by these articl"'s, unless they remove to the new location within two years from the ratification hereof.'' Article VII provides for the setting apart by the Stockbridges and Munsees for educational purposes exclusively of their portion of the annuities und .: r the treaties of Noveml:er 11, 1794, August 11, 1827, and September 3,1839. * * * _\.rticle XI reads as follows : · "The object of this instrument being to advance the welfare and improve-ment of said Indians, it is agreed, if it prove insufficient, from ca'lses which can not now be foreseen, to effect these ends, that the President of the United Stc.ttes may, by and with the consent of the Senate, adopt such policy in the manage-ment o£ their affairs as in his judgment may be most beneficial to them ; or Con-gl'ess muy, he'reajter, make such p?·ovision. by law as experience shall p'l"·ove to be neceJ-sa?·y." * * * * * * * Article XIII empowered the Secretary of the Interior, at his discretion, to examine into the sales of allotments under the act of March 3, 18-13, and for the setting aside or confirmation of such sales. The Secretary o£ the Interior was also authorized to cause patents to issue to such lots of land to such persons as should be found entitled to the same. Articles XIV and xv provide for the sale of the lots of land, the equitable title to which had not passed by valid sales from th) Stockbridge Indians to purcha-:;ers, and such lots a3 had by the treaty of Novembet· 24, 1 :548, been re-ceded to the United States; and for payment of the appr;:lised value of improve-ments on the lands ceded by the treaty under recital. AL·ticle XVI provides for the issue of patents to certain Stockbridg.J Indians for the lots of land described and set opposite their names in the schedule immedi-ately following, in full of all claims and dem ,, nds whatsoever to which they then were, or might thereafter be,· entitled in the lands, moneys, or annuities of the StoJkbridge tribe of Indians. Here follows a s::hedule of twenty-one perdon£, with des ;ription of the lots to be paten ted to them, respectively; also of lots, the privilege of entering which on the same terms of payment as prescribad for actualt.et :ler3 in Article XIV is granted. (Se.3 treaty, p. GC:i7.J By amendment (p. 076) the name of John vV. Abrams was added to said sched-ule. Mary Hendrick, Levy Konkapot, and (by said amendment) John W. Abrams (severally mentioned in said schedule) were to have the privilege of again join . ing· the Stockbridge.s a;.d Munse2s in their new location. 26 STOCKBRIDGE AND MUNSEE INDIANS. This treaty was signed by about four-fifths of the Stockblidge and Munsee tribe of Indians, and was believed to be generally acceptable to all parties inter-ested. About one-fifth of the Indians, headed by one Austin K Quinney, and mostly consisting of members of the Quinney family who had always exercised great power over the tribe, refused to sign the treaty, but withoat giving any sensible reason. The real objection, however, on the part of the Quinneys to the reorganization of the Stockbridges and Munsees appears to have been the threatened termination to their rule over the tribe by the J'atification of the treaty. (See Superintendent Huebschmann's lett3r to Commissioner Manypenny, of February 23, 1856, appended to the treaty.) The treaty was ratified by the Senate, with certain amendments, the substance of which has already been stated, April18, 1856, and approved by the President September 8, 1856. By treaty of the 11th of February, 1856 (11 Stat., 679), the Menomonee Indians ceded to the United States a tract of land, not exceeding two townships in ex-tent, to be selected in the western part of their reservation on its south line, for the purpose of locating thereon the Stockbridg·e and Munsee Indians, and such other of the New York Indians as the United States might desire tore-move to the said location within two years from the date thereof. At first the Stockbridges and Munsees manifested some dissatisfaction with the lands assigned to them hy the treaty of 1856, because, as they alleged, of their unfitness for agricultural purposes, and a portion of the trib ) refused to rerr.ove, in consequence of which the Department did not feel justified in pay-ing over their removal and improvement funds, not considerink them entitled thereto unless they all united in complying with the obligations of the treaty. Though not satisfied that their objections to their new country were well founded, the Department was willing to gratify them in a desire which they ex-pressed, to be located with the Oneidas on their reservation, if th3 arrangcJment could be made upon reasonable terms. The Oneidas, however, demanded so ex-orbitant a price for the lands necessary for the purpose that the rroject had to be abandoned, after which all of the Stockbridges and Munsees assented to the treaty, expressed their willingness to accept of its provisions, and removed to the location assigned them by said treaty and purchased from the M 3nomonees. From the per-iod of their removal to this reservation down to the year 1871, the Stockbdclges and Munsees appear to have been atllicted with the same chronic troubles and divisions. Indeed, the entire history of this tribe seems to have been marred by petty squabbles for place and powe:. The treaty made in 1856, and the census accompanying it, presented an aggregate popu-lation of both bodi ~s, numbering 409 soula. A removal and improvement fund was provided them, upon receipt of which the greater portion left the tribe, expended their money elsewhere, and in 1866 the number upon the reser-vation was reduced to 152. At the date of the annual report for 1867 those re-maining upon the reservat_ion numbE-red 147, the remainder having adopted the habits and customs of the whites and expressed a desire to become citizens. In February of that year a treaty was entered into by which they agreed to cede their reservation, the Government undertaking to provide those who wished to retain their tribal character with another, allotting land to them in severalty without power of alienation unless with sanction of the Interior Department, and to do various things for their benefit, whilst, with regarcl to those who wished to become citizens, it agreed to pay them their proporticnate share of the estimated value of the ceded land and of public inprovements thereon, and of moneys ilwested and held in trust for them, they relinquishing all claim to be thereafter considered as members of the tribe, or to share in the ben ~fits of any treaty stipulations. Thistreaty,however,was notratified bytheSenate. On the 6th of February, 1871, an act of Congress, entitled "An act fJr there-lief of the Stockbridge andMunsee tribe8of Indians in. the State of Wisconsin!" was pa3sed. (See 16 Stat., 40-±.) • This act (being the act referred to in the preamble of the bill now under con-sideration) provided for the appraisement, under the direction of the S _cretary of the Interior, in 80-acre lots, according to the public survey, of the two town-ships of land situated in the county of Shawano, and State of vVisconsin, set apart for the use of the Sto<;kbridge and Munsee tribes of Indians- such ap· praisement to include the value of the timber growing on each lot- estimating the pine tim b.3'l:-- at not less than $1 per thOLlSand and the value of all improve-ments, if any, macle thereon, with the name of the owner of such improvements, as c Jrtified by the sachem and councilors of said tribe. Section 2 of said act provided for the manner in which said lands should be STOCKBRIDGE AND MUNSEE INDIANS. 27 advertised and sold, with a proviso authorizing the Secretary of the Intedor to reserve from sale a quantity of said lands not exceeding eighteen contigLwus sections, embracing such as were then actually occupioo and improved and best adapted to agricultural purpos~s, subject to allotment to membero of the Indian party of said tribe as thereinafter provided. Section 3 provided for payment, out of the first proceeds of the sale of said lands, of the expenses of appraisal and sale, the amount due to individuals for improvements, as returned by the appraisers, and the amount of th) debts con-tracted by the sachem and councilors for the benefit of said tribes, amounting to the sum of $11,000, according to a schedule to be certified by them and returned to the Commissioner of Indian Affairs. Section 4 provided that immediately after the return to the General Land Office of the last public sale, a statement should be made up, under direction or the Secretary of the Interior, exhibiting the gross amount of moneys re.1lized from the sale of the said two townships of land, after deducting therefrom the sums appropriated by the preceding sections, to which amount should be added the value of the land remaining unsold of said two townships, estimating the same at 60 cents per acre ; also the sum of $6,00} held in trust by the Govern-ment of the United States for the use of tha Stockbridge and Munsee kibas of Indians, under the treaty of 1839; and that the total amount thereof should con-stitute the entire sum of money due from the Gover:c.mnent of the United States to the said Stockbridge and Munsee tribes of Indians, to be paid and appropriated for their benefit as thereinafter directed. Section 5 of said act provides as follows : "That the sum of money thus found due to the said tribes shall be divided be-tween the citizens and Indian parties of said tribes in proportion to the numbee of each, respectively, according to the rolls the:tteof made and returned in con-formity with the provisions of this act to the Commissioner of Indian Atl'airs: That portion of said sum belonging to the citizen party shall be equally divided among them per capita, and paid to the heads of families and adult memb 31'S of said party; that portion of said sum belonging to the Indian party shall be placed to their credit on the books of the Treasurer of the Unit3d States, and beat· in-terest at the rate of five per centum per annum, payable semiannually, and said interest shall be applied to the support of schools, the purchase of agricultural implements, or paid in such other manner as the President may dir2ct: Pco-vided, however, that a part of said sum due the Indian party, noJ exceeling thirty thousand dollars, may, on the request of the sachem and councilors of said tribe, be expended in securing a new location for said tdba, and in rem ')V-ing and aiding them to establish themselves in their new home, and in case of their procuring, and removal to such new location at any time, the said eighteen. sections of land reserved for their use by the second section of this act shall be sold in the manner therein provided, and the proceeds thereof be placed to th~ir credit as aforesaid." Section 6 provides-" That for the purpose of determining the persons who are members of said tribes, and the future relations of each to the Government of the United St~tes, there shall be prepared, under the direction of the Commissioner of Indian Af-fairs, or such person as may be selected by him to superintend the sa~ne, two rolls, one to be denominated the citizen roll, to embrace the names of all such persons of full age and their families as signify their desire to separate their re-lations with said tribe, and to become citizens of the United States; the other to be denominated the Indian roll, and to embrace the names of all such as desire to retain their tribal character, and continue un::ler the care and guat·dianship of the United States; which said rolls shall be signed by the s.whem and CJLm-cilors of said tribe, certified by the person superintending the same, and re-turned to the Commissioner of Indian Affairs; but no person of full age shall be enterJd upon said citizen roll with0ut his or h3r full and free consent, pet·-sonally given to the person superintending such enrollment; nor shall any pu-son, m· his 01· her descendants, be entered upon either of said rolls who may have he~·etofore sepamted !Tom said trr·ibe and receivecl allotment of lands ttnder the act of Congress fo1· the relief of the Stockb1·idge tribe of Indians of ~Icwch thi'rd, eighteen hundred andforty-three, and amendment of August s-ix, eighteen hunclred andfotty-six, or under the treaty of February five, eighteen htmd1·ed and fif'ty-s ,ix, or who shall not be of Stockb1·idge or Munsee descent. After the said rolls shall ba made and returned, as herein provided, the same shall be held as a full sure.:mdet• and re-linquishment on the part of the citizen pal'ty, each an::l every on) of th m, of all claims to be thereafter known or considered as members o£ said tribe, Ol' in any -28 STOCKBRIDGE ANIJ MUNSEE -INDIANS. manner interested in any provision heretofore or hereafter to be made by any treaty or law of the United States for the benefit of said ttibes, and they and their desc '- ndants shall thenceforth be admitted to all the rights and privileges of citizens of the United States." Section 7 provides-" That after the said roll shall have been made and returned the said Indian party shall thenceforth be known as the Stockbridge trib3 of Indians, and may be located upon lands reserved by the second section of this act, or such other reset·vation as may be procured for them, with the assent of the council of said tribe, and their adoption among them of any individual, not of Indian descent, shall be null and void." The remainjng sections of the act are devoled to provisions for allotments of the lands reserved in the second section or of such other suitable and permanent reservation as shall be obtained, and accepted by said tr-ibe. among the individ-uals and families coml:osing said tribe, in quantities sl_ecified; the land so al-lotted to be held inalienable, and in case of death to be inheritable by decedent's heirs, if members of said tribe; and in default of heirs capable of inheriting; to revel't to the tribe in common. An appropriation is also made of a lot not ex-ceeding 40 acres, to be held as common property, on which to erect a church, parsonage, schoolhouse, and other improvements necessary for the accommoda-tion of the t1 ibe, with a proviso that if any female shall marry out of said tribe she shall thereby forfeit all right to hold any of said lands as if deceased. It is further provided that the allotments shall be made and certified to the Com-missionerof Indian Affaira within one year after the reservation shall haYe been made and accepted by the tribe: and thereafter the title of the lands described therein shall be held by the United States in trust for individuals and tho:ir heirs to whom the same were allotted. The surplus lands embraced in such res-ervation after making such allotments to be held in like manner by the United Stat2s, subject to allotment to individuals of said tribe who may not have re-ceived any portion of said reservation, or to be disposed of for 1he common b;::mefit of said tribe, provided that no change or additjon shall be made in the allotment returned to the Commissioner of Indian Affairs, unless the same shall be approved by the Sect·etary of the Interior. ' In purs ~1ance of this act W. T. Richardson, esq., then agent for the Stock-bridge and Munsee Indians, was, on the 30th of August, 1871, designated by this office to make the enrollment contemplated by the sixth section; but owing to the factious opposition' manifested by the officers of the tribe, in unreasonable demands for the enrollment of certain persons who were excluded by the terms of the act, and the refusal of such officers to sign the rolls unless prepared in accordance with their views, the efforts of the Department to carry out the law were so embarrassed that it b::came necessary to suspend them from office rnd order a new election. In the mean time the enrollment was temporarily dis-continued. · . Afterwards, on the 24th of March, 1874, upon a representation of the circum-stances, and application of this office to the then honorable Secretary of the In-t3rior for the appointment of a special commissioner to complete the enrolhTent provided for by the act, H. R. WelLs, esq., of New Jersey, was appointed by Mr. Seer _ tary Delano as such commissioner. Mr. Wells was duly notified of his ap-pointment, and fully instructed as to his duties. On the ~th of April, 1874, Commissioner Wells made his report, accompanied by two rolls, duly signed and certi ·ied in manner prescribed by the act; one, contlining the names of those of the Stockbridge and Munsee Indians who had elected to become citizens of the United States; and the other, of those who had . elect ~d to retain their tribal relations. The report and a::Jcompanying rolls wera duly submitted to the honorable Secretary, and returned by him to this office, approved, on the 3d of June following. (See copies report of comm·issioner, A, and rolls, B, herewith.) Complaint having been mpel'ly taken into consideration does not appeal'), but it also invested Congress with the power to make such future provisions by law as experience should prove to be necessary. Then came the act of 1871, and the enrollment under that act, thepresentbone of contention. How and by what means that act was passed does not clearly ap-pear; it is sufficient to say that it was passed. It will be remembered that the act discl'iminates against the enrollment of certain persons, viz., those who had -theretof01e separated from the tribes and received allotment of lands under the act of March :3, 1843, and amendment of August 6, 1846, or under the treaty of February 5, 1856, or who should not be of Stockbridge or Munsee descent. This act was purely mandatory in its provisions as regarded enrollment, and this Department ·had no power but to execute the law as it found it. The commis~ sioner appointed in 1874 for that purpose appears to have executed the duties assigned to him under adveree circumstances, but with an honest desire to do so faithfully and well. Charges have been piade against him by the citizen par'ly of refusing to enroll certain of their p!embers, but under the terms of the act he could not do otherwise than exclude them. The rolls were evidently prepared with great care, conformably to the act, and signed by the sachem and .council-Q~S Qf t:p.e tribe, and in all cases where t:P,ere was any doubt existing as to the ~~ ~ep. 1108-3 34 STOCKBRIDGE AND MUNSEE INDIANS. rights of certain persons to be placed thereon testimony was taken and full ex-planations submitted. Errors may have crept into the rolls, but a careful com-parison of them with ::;chedules of the excepted parties, aR -disclosed by the records of this office, fails to disclose more than two or three names about whom there is any question, and it is quite possible that these are susceptible of ex-planation. It is also proper .to add that some of the so-called "old-citizen party," who are interested in the passage of this bill, received pay for their improvements under the third section of the act of 1871. With all due deference, I can not help thinking that this unfortunate tribe of India,ns has been overlegislated for, and that the constant discord and dissen-sions existing amongst them for the past forty years are mainly at~ributable thereto. It has been urged that whatever may have been the equities between the members of the tribe in regard to the lands occupied by it prior to the treaty of 1856, that treaty must be regarded as a settlement of all differences prior thereto, and that in virtue thereof every member of the tribe signing that treaty obtained an equal interest with every othe1· member in the lands acquired by it, and that the Government is bound to carry out in good faith the object sought to be accomplished by it. But assuming such a course to be desirable, this Department has no power to disregard subsequent legislation in order to fulfill a previous treaty. Whether such legislation be ill-advised or not, I submit that it must be taken to be al'e-peal of the treaty on the part of the United States so far as it conflicts with the same. It is quite possible that the citizen party, mainly interested in the passage of this bill, may have outstanding equities, but I am unwilling to recom..nond that the peace and welfare of the many, to whom the present re:;ervation is assigned, should be destroyed to subserve the purposes or to gratify the wish::s of the few, or that the legislation of 1871 should be in any manner disturbed. I should rather be disposed to favor some special enactment for the relief of the "old-citizen party," who have been excluded from enrollment, upon another basis, such as Congress in iM wisdom may decide. The bill (H. R. 3678) is herewith respectfully returned. Very respectfully, Hon. A. M. SCALES, Chairman Oommiteee on Indian Affairs, Bouse of Repnsentatives. A. THOS. M. NICHOL, Acting Commissioner. REPORT OF COMMISSIONER WELLS, APRIL 8, 1874. Hon. E. P. SMITH, Oornmi8sione'r· of Indian Affairs: • MY DEAR SIR: In making the enrollment of the Stockbridge and Munsee In-dians, pursuant to your instructions, and in conformity with the act of Congress of February 6. 1871. your commissjoner desires to 1 resent therewith the follow-ing history and statement, intLndjng therehy 1o briefly detail the reasons which controlled the sachem and councilors and your commissioner in placing upon or leaving off from the 1 olls the names cf ·certain Indians, in regard to the enroll-ment of whom, or their nonenrollment, there may appear to be some question. The act of Cong-ress of February (i. 1'<71, provides: ''Nor shall any person, or his or her descendants, be entered upcn either of said rolls who may have here-tofore separated from said tribo and received allotmentof landsunder theactof Congress for the relief of the Stcckbridge tribe of Indians of March 3, 1843, and amendment of August 6, 1846, or unde1· tbe treaty of February 5, 1856, or who shall not be of Stockbridge or Munsee descent." Peter D. Littleman (enrolled).-Had two lots patented to him, whicb he had sold previous to the treaty of 1848. Under the allotment of 1843, he had, in ad-dition to these two lots, 1\:) acres in lot No. 127, and lots No. 237, section 20, and 334, section 17, valued under the appraisement of the ~r, aty of 1848 at $3HG, which amount was paid into the tribal fund, and in consideration for which the tribe, STOCKBRIDGE AND MUNSEE INDIANS. 35 in general council assembled, received said Littleman into the nation. In view of the action of the tribe at tliat time, and of the equitable right which said Peter D. Li ttleman holds in the tribal property, your commissioner has placed his name upon the rolls on the request of the sachem and councilors. Diana Littleman (enrolled).-Received patent for lands under the sixteenth section of the treaty of 1856 as one of the heirs of Daniel Davids, thereby volun-tarily surrendering any rights she may have had subsequent to said treaty as one of the heirs of Daniel Davids. She, however, still retained her share in the tribal property which she had acquired under the act of 1843, and which was placed by her in the tribal fund under the treaty of 1848. John P. Quinney (eurolled ).-This is a case similar to that of Peter D. Little-man. He contributed 35± acres of land in lot No. 84 and lots L and P, appraised at $176.25. John Goccum (enrolled).-Same as Peter D. Littleman's case. He contributed lot No. 347, section 21, appraised at $150. Jonas Thompson (enrolled).-Same as Peter D. Littleman's case. He contrib-uted lots No. 246, section 1!), and 345, section 21, appraised at $300. Nicholas Palmer (enrolled).-Same as Peter D. Littleman's case. He contrib-uted lot No. 176, section 7, appraised at $150. Dennis T. Turkey (enrolled ).- He is the descendant of Aaron Turkey, whose case is like that of Peter D. Littleman. He contributed lots 66 (east end), 147, 148, 214, 285, and 343, appraised at $1,137.50. Benjamin Doxtater (enrolled). - This case is that of a minor under the act of 1843, who had allotted to him one lot, which he pawned to a Mr. Whitney, at that time Indian trader at Stockbridge; l.le joined the Indian party under the treaty of 1848, and came into the Stockbridge tribe to share their futu rights by in-vitation and agreement with the tribe in council assembled, same as did Peter D. Littleman. Adelaide Davids, Rebecca Gardner, Jemima Davids, Amelia Wanby, Carolina Chicks, Celinda Delany, Josephine Taylor, Jeannette Howe, Alice R. Moon, Hannah Moon, Mary E. C. Howe, Charlotte Moore, AJmira P. Dick, Algerina Jourdan, Elizabeth Gardner (all enrolled).-The above-named women married out of the tribe. By so doing they gave up and relinquished all share or claim they had in or to the property of the Stockbrid3;"e Indians. This is now, and has been for many years, the law of this tribe of Indians, and, so far as your com-missioner has been able to discover, the same law prevails among the different Indian nations. In consideration, however, of the fact that had they r emained with the tribe they would have been enrolled without question, and that they possessed an equitable right to share in the division of the property of this tribe, your commissioner, by and with the advice and consent of the sachem and coun-cilors, has placed their names on the enrollment, but left off therefrom the names of their children. John P. Hendricks (not enrolled).-Under the treaty of 1839, made with the· Stockbridge Indians, a portion of the tribe selected to move to Missouri, and lived on lands of the Delaware Indians there until they could make arrange-ments to locate upon lands known as the "New York Indian tract," in which tract the Stockbridge Indians had a right in common with the Six Nations. These Indians, under the treaty of 1839, received full pay for their interest in the Stockbridge lands in Wisconsin, and pay for all their improvements. In consideration of said payments they, by the express terms of the treaty, re-linquished all claim to the said Stockbridge lands in Wisconsin. John P. Hen-dricks was one of those who so went to Missouri. He was not known as a mem-ber of the tribe under either of the acts of 1843 or 1846, or under the treaty of 1848. His first participation with the tribe as a member after his removal to Missouri was under the treaty of 1856, to which he was a signer. Your com-missioner is of the opinion that said John P. Hendricks has no equitable right to a share in the div1sion of the Stockbridge property, and in this view is sup-ported by the sachem and councilors. In addition to the above it is proper to state that said Hendricks has removed from the tribe, and is now living with the Oneida tribe of Indians upon their reservation in the State of Wisconsin. Abagail Hendricks (not enrolled ).-Wife of John P. Hendricks. Drew a lot under the act of 18-!-:3, which was afterwards patented to her. Hannah Peters, Mary Miller, Sophrono Sophia Thompson, Sophia Pye, Harriet Turkey, Sarah Slingerland, white woman (notenrolled).-Inconnection with the foregoing-named persons, your commissioner would say that they are wives of the members of the Indian party. Their laws and customs make them members of the tribe, but the act of 1871 prevented their enrollment, for the reason they 36 STOCKBRIDGE AND MUNSEE INDIANS. ''were not of Stockbridge or Munsee descent," or had "received allotment of lands." Your commissioner desires to recommend. that their names be placed upon the rolls, and that they hereafter be known as members of ths Stockbr: future relations with the tribe. Your commissioner recommended that the sachem and councilors formally adopt into the tribe these women after the completion of the enrollment. The appended letter, marked Exhibit A, shows that such action has been taken. J-acob Jacobs (enrolled).-In regard to the enrollment of Jacob Jacobs and his family of three children, your commissioner desires to refer to the appended agreement, marked Exhibit B. A thorough search of the records in the General Land Office fails to discover that Jacob Jacobs, or anyone for him, has received allotment or patent for land. Moses Doxtater (enrolled ).-Moses Doxtater and' family were placed upon the Indian roll by your commissioner and the sachem and councilors; after this was done some questions arose as to which roll he desired to go on, and it was mutually agreed between the sachem and councilors and your commissioner that no cha·1ge should be made, unless Mr. Doxtater, on being notified upon which roll he h< d been placed, should indicate a wish to have his name on the citizen roll. The letter of his attprney is herewith appended (Exhibit H). In accordance with tl1e wish there ex essed, his name and thos6 of his family have been placed on the citizen roll. Appended hereto, and marked Exhibits K, L, and M, are the affidavits of cer-tain persons whose names were placed upon the citizen roll without their being present. Parties representing them were told it would be necessary for the af-fidavits of these persons-to be forwarded to your commissioner. Upon the subject of the complaint mude, that certain improvements have b .::en erroneously appraised to parties other than those to whom they rightfully be-long, your commissioner would report that the appraisers, acting under the first section of the act of 1871, in performing the duties therein imposed, placed the value of the improvements to the credit of such only as were members of the tribe, as provided by the act of 1871. The improvements made by those not recognized as members of the Stockbridge and Munsee Indians under the terms of the act were placed to the credit of the nation. Your commissioner is clearly of the opinion that this is wrong, and that the individuals who made the im-provements, and to whom they justly belong, should receive the pay therefor. The sachem and councilors admit this view of the matter to be proper and right, and agreed with your commissioner that the payment of the appraised value of said improvements should be made to the individuals. This matter will have to be arranged with the sachem and councilors when the improve-ment money is paid. The appraisement of improvements mad-e to the heirs of John N. Chicks, in regard to which Elizs.beth Bowman, formerly Elizabeth Chicks, asks a hearing before final action is taken (see Exhibits C and D ), involves the ascertainment of who are the legal heirs of John N. Chicks, and can readily be determined by the·officer making the payments. Mr. Bowman waR the wife of John N. Chicks, and has a legal right to her share in the disposition of his property. As to the claim made by the heirs of Austin E. Quinney for the improvement money said to be wrongfully appraised to Darius Charles (see Exhibit E), the affidavit of Mr. Charles is h erewith submitted (Exhibit F). Your commissioner is of opinion that the statements therein made are true, as similar statements were made to him personally by parties who were acquainted with the facts of the case. The affidavit of Benjamin Doxtater (Exhibit C) is also herewith inclosed. Your commissioner could learn but little about the case. Directions were given to all the interested parties that papers should be prepared and in readiness for the inspection of the officer making the payments, which would more fully ex-plain the case. . In submitting the foregoing and the accompanying papers, I have the honor to be, with respect, your obedient servant, HENRY R. WELLS, Specia~ Commissioner. STOCKBRIDGE AND MUNSEE INDIANS. 37 TESTIMONY ACCOMPANYING COMMISSIONER WELLS'S REPORT. EXHIBIT A. H. R. WELLS, Esq.: DEAR SIR: The undersigned drop you this to let you know that the women who married into the tribe on the side of the Indian party, and who were re-jected from the rolls, have been adopted, and are received as members of the tribe according to the agreement had between us while making the said rolls. Red Spring, Shawano County, Wis., April15, 1874. Respectfully yours, etc. EXHIBIT B. DARIUS CHARLES, Sachem. ZIBA T. PETERS, SAMUEL A. MILLER, ALBERT W. MILLER, JEREMIAH SLINGERLAND, CORNELIUS AARON, Councilors. RED SPRING, SHAWANO COUNTY, WIS., April8, 18'74. It is hereby mutually agreed by and between the sachem and councilors of the Stockbridge and Munsee tribe of Indians and Henry R. Wells, Uniteu Stat .:s special commissioner, that in the case of Jacob Jacobs and his children, the said Jacobs's name being now upon the enrollment made under the sixth section of the act of February 6, 1871, that the said commissioner is to investigate the maps and records on file in the Department of the Interior at vVashington, and if it shall appear therefrom or from any other evidence that s:1id Jacobs, or any-body for him, has received his full share of the division or allotment of lands under the act of 184:3 to which he was justly entitled, then and L1 that case the said Jacobs's name and that of his children shall be eras2d from sa.id. enroll-ment; and if it shall appear upon such investigation or other evidence that said Jacobs, or any one for him, has not received the said full share to which he was justly entitled, then in that event the name of said Jacobs and his chil-dren shall remain as now upon the enrollment. HENRY R. WELLS, United States Special Commissioner. APRIL 8, 187 4. EXHIBIT C. STATE OF WISCONSIN, Calumet County, ss: DARIUS CHARLES, Sachem. ZIBA T. PETERS, JEREMIAH SLINGERLAND, ALBERT MILLER, SAMUEL A. MILLER. CORNELIUS s. AARON' Councilors. Elizabeth Bowman, being duly sworn, deposes and says that she is a member of the Stockbridge tribe of Indians; that in the year 1856 the west half of the southeast quarter of section 36, township 28, t•ange 14, in Shawano County, in the State of Wisconsin, was allotted to her; that she r esided on said land from the year 1856 until 1860, and made all the improvem:mts that are now on said land; that under the law of 1871 the improvements aforesaid were wrongfully set to the heirs of one John N. Chicks: that this affiant petitions the Hon. Wil-liam T. Richardson, Indian agent, to allow her a heai'ing in the case before final action is taken. her ELIZABETH + BOWMAN. mark. Subscribed and sworn to before me this 19th day of Decemb::~r, A. D. 1873. CLARK P. SKIDMORE, Justice of the Peace. 38 STOCKBRIDGE AND MUNSEE INDIANS. EXHIBIT D. STATE OF WISCONSIN, Calumet County, ss: Elizabeth Chicks, being duly sworn, deposes and says that the west half of the southeast quarter of section ::36, township 28, range H, Red Spring Reserva-tion, Keshena, Wis., belongs to hJr; that she took up the same in th) .Ye L' 1857 and used the money she drew to make the improve .nents that are now on the place: that the said land and improvements arJ set to the heirs of John Chicks in the list made in 1871; that the said heirs have no rights in the premisas; that it belongs to her and no one else. The agent, Mr. T. Richardson, is hereby authorized and requested to correct the same on the list. her ELIZABETH+ CHICKS. mark. Sworn and subscribed to before me this 13th day of August, 1872. STATE OF WISCONSIN, Calumet County, ss: CLARK P. SKIDMORE, Justice of the Peace. Bartholomew Bowman and Job Bowman, being duly sworn, depose and say that they are the sons of Elizabeth Chicks, and that they know of their own knowledge that the foregoing statement made by her is ju3t and true. his BARTHOLOMEW+ BOWMAN. mark. JOB BOWMAN. Sworn and subscribed to before me this 19th day of August, 1872. EXHIBIT E. STATE OF WISCONSIN, County of Calumet, ss: CLARK P. SKIDMORE, Justice of the Peace. Personally appeared before me, the under3igned, justice of the peace in and for the said county of Calumet and Sta~e o~ Wisconsin, Jan3 A. Quinney, Wash-ington Quinney, and Joseph M. Quinney, who being duly sworn, depose and !::'ay: That the above-named Jane A. Quinney is the widow of the late Austin E. Quin-ney, who bought the improvements of Pa'Jl W. QuinneJ in the Stockbridge and Munsee Reservation, in Shawano County, in the State of Wisconsin, appeaised by the commissioners appointed by the Secretary of the Interior in 1)11, im-provements on the wast half of northeast quarter of section 26, township 28, range U, valued at $450; total, $550. That the said Jane E. Quinney is the rightful owner of the land and improve-ments of the above-described tract instead of Darius Charles, who is wrongfully certified to be the owner in the list of the said appraisers. - her JANE A. + QUINNEY. mark. WASHINGTON QUINNEY. JOSEPH M. QUINNEY. Sworn and subscribed to before me this 22d day of April, 1872. H. R. WELLS, Esq., Special Commissioner. EXHIBIT F. CLARK P. SKIDMORE, Justice of the Peaee .. SIR: In reply to the affidavit made by Jane Quinney, Washington Quinney, and Joseph M. Quinney, respecting the improvement upon lot on northeast quar-ter of section 26, to-.vnship '28, range 14, in which they affirm that said improve-ments rightfully belong to Jane A. Quinney instead of the undersigned, please admit the following statement. STOCKBRIDGE AND MUNSEE INDIANS. 39 Austin E.'uinney, the husband of said Jane A. Quinney, did purchase the im-provements of Paul Quinneyfor about$60, which improvements were a log house and about 2 acres of lap.dclearof logs and brush, while there were about~ acres more chopped down, but not logged. After the said Mr. Austin E. Quinney had remained a short time on the reserve with his family, his wife and children left and removed back to Calumet County, and left the old man alon2, when he told me to move into his house and occupy the property. I did so at once, and had the said Mr. Quinney living and boarding with me for about six months. After he had remained with me this long, he told me that as his family had removed away and would not in all probability ever return to live on the reserve again, I could continue to occupy the improvements, and make as much more as I chose, and if the tribe should ever make a treaty to sell out I might pay him back the $60 he paid for the original improvements and the rest whatever I had made, or whatever was over and above, I could claim and have the same paid to me. This was about fourteen years ago, during which time I have not only occupied the said improvements, but have chopped away and logged eleven acres, built two log barns, and an addition to the original house. Now, as the appraisers of the improvements found me occupying them, and had been so long upon the place, they deemed me to be the proper person to receive their value, and accordingly assigned tb.e said valuation to me. In having the appraisement attached to my name it is by no means my design to wrong Mrs. Quinney out the said $60 that Mr. Quinney originally paid, but will refund that amount and settle the matter with her just as I agreed. with the old man before his departure from this re-serve, and just as soon as the money comes into my hands. Respectfully yours, etc., DARIUS CHARLES. APRIL 3, 1874. STATE OF WISCONSIN, ss: Sworn to and subscribed before me this 4th day of April, 1874. Hon. S. R. WELLS, United States Oommissione?·: EXHIBIT G. M. L. MARTIN, Notary Public. StR: According to your directions I herewith submit the following statement in relation to the improvements set to me under the law of 1871. which are now cJaimed by Jessee M.. Jourdan as having made all of said improvements. · I have to say that I have purchased from said Jourdan all of the improvements he had made, some time in the year of 1864 or 1865 : he had some 4 acres of cleared land and a small log house on the lot at the time I bought it, and I have paid him the sum of $24 for the improvements he hai made, and all of the additional improvements thereto have been made by myself and at my expense. I have had possession and have lived in the house for the past fourteen years, and have kept what improved land Jo:.1rdan had made from going to ruin since that time, but which I claim I have purchased from him. In consideration of these facts the said improvements have been set to me by the appraisers in 1871, as certified by the sachem and councillors. The said im-provements being on the west half of the southeast quarter of section 24, town-ship 28, range H east, and not on section 25, as described by Jessee M. Jourdan. Very respectfully, , BENJAMIN DOXTATOR. RED SPRINGS, SHAWANO COUNTY, WIS., April 6, 187/r. STATE OF WISCONSIN, Shawano County, ss: I, Benjamin Doxtator, do swear that the foregoing statement of facts made by me are true, according to the best of my knowledge and belief. BENJAMIN DOXTATOR. Subscribed and sworn to before me this 7th day of April, A. D.1874. H. KLOSTERMAN, Cownty Judge. 40 STOCKBRIDGE AND MUNSEE INDIANS. EXHIBIT H. WASHINGTON, D. C., April ~1, 187ft. SIR: I am informed that my name, and that of Elizabeth, my wife, and those of my children, Cornelius L., Peter, Austin, Moses, Anderson, Phebe, Lucretia, Martha, Hannah, Sophia, Precillia, and Electa, were at the time the enrollment was made by you placed upon the Indian roll. If this is so, you will greatly oblige me by transferring my name and the names of my family, as above given,, upon the citizen roll, as I desire to separate from the tribe. Yours truly, H. R. WELLS, Esq., Special Commissioner, Washington, D. 0. EXHIBIT K. STATE OF WISCONSIN, Rock County, Town of Rock, ss: MOSES DOXTATER, By M. H. McCORD, His Att01·ney in Ji'act.'... Peter Bennett, sr., Abbagail Bennett, his wife, and Mary Bennett, t'lie daugliter' of said Peter and Abbagail Bennett, being each fo~ · himself and herself and sworn, upon oath depose and say that they and each of them belong to the Stockbridge tribe of Indians, and have an inter~s~ i;n the reservatrl.bn belonging to said tribe situate in the State of Wisconsin; 'tjhat as they arod eaeh 0f them are informed they are now enrolled upon the ]ndtan enr0llmen11, aneli all'e crassed as part of the said tribe of Stockbridge Indians; that it is their desire and wish and the desire and wish of each of said deponents, that their name, and the name of each of them, be taken from said enrollment as Indians of said tribe, and that they and each of them be enrolled as citizens; that they ancl each of them desire to sever their connection with !!laid tribe of Stockbridge Indians in all tribal relations, and they and each of them desire that all the annuities and sums due t.hem, or to become due them, from the United States Government, may be paid at once. his PETER + BENNETT. mark. her ABBAGAIL + BEN~~T'l'o-.. mark. Miss MARY BENNETT. Subscribed and sworn to before me this 9th day of April, 1874. STATE OF WISCONSIN, Fond dtt Lac County, ss: EXHIBIT L. PHILll;" J?':AJ:JMER, Justice Peace._ Susan Adams, being duly sworn, says she is the identical Susan Adams, widow of E.leazer Adams, of the Stockbridge Na.tion, and daughter of Henry Hendeicks, of the Stockbridge Nation. Deponent further says that she has been informed that her name has been placed upon the citizen roll of the enrollment, under act of Congress., by John Ad~ms, and that this aff!.davit is to testify that she ap-proves and ratifies such actwn, and that she desires her name to remain upon such roll. SUSAN ADAMS. Sworn a,.nd subscribed to before me this 9th day of April, 1874, after being read! tq. d,eponent by me. [SEAL.] GEO. W. CARTER, Notary Public .• STOCKBRIDGE AND MUNSEE INDIANS. STATE OF WISCONSIN, County oj Brown, ss: EXHIBIT M. 41 On this 8th day of April, 1874, before me, a notary public in and for said county of Brown, appeared personally Elizabeth Antone and Mary E. C. Howe, depose and say that they belong to the tribe of the Stockbrid~e Indians, and further that Tunis Howe has made on the 1st day of April, 1874, on the reservation of the Stockbridge Indian tribe, to the Commissioner of the Indian Affair.3. the proposition that the above-named Elizabeth Antone and Mary E. C. Howe may be put on the roll (citizen) of the Stockbridge Indian tribe, and on account that they above named, Elizabeth Antone and Mary E. C. Howe, could not be present to give their consent to such proposition; therefore the said Elizabeth Antony and Mary E. C. Howe say further that the said Tunis Howe was authorized be us to do so. her ELIZABETH + ANTONE •. mark. MARY E. C. How. Witness for Elizabeth Antone. L. SCHEURING. Subscribed and sworn to before me this 8th day of April, 1874. [SEAL.] LOUIS SCHEURING,. Notaru Publi.~ .. B. CITIZEN AND INDIAN ROLL ACCOMPANYING COMMISSIONER WELLS1S REPORT. Enrollment of the Stockbridge and Munsee tribe of Indians, made in pursuance of the sixth section of the act of February G, 1871, entitled "An act for the re-lief of the Stockbridge and Munsee tribe of Indians in the State of Wiscon-sin," by Henry B. Wells, United States special commissioner. CITIZEN ROLL. (Embracing the names of all such persons of full age and· their families who have signified their desire to separate their relations with said tribe and to become citizens of the United States.) Adams, John C Adams, Susan Adams, Augusta W Adams, Ida Mary Antone, Darius Antone, Elizabeth Bennett, Peter C Bennett, Mary Bennett, Abagatl Bennett, Peter, jr Bennett, Mary Bennett, William Bennett, Earnest Bennett, Delita Bennett, Marion Bennett, Lester Bennett, Polly Bennett, Sarah A Bennett, Jeremiah Bennett, Elizabeth Bennett, Catharine Bennett, Jasper Bennett, Henry W Bennett, Richard Bennett, Robert Charles, Eleanor Jacobs, Jacob Candy, Electa W Jacobs Chicks, Caroline Jacobs Davids, Adelaide Jacobs Davids, Jemima Jourdan, Algerina Delaney, Celinda Konkapot, Elias Dick, Almira P Konkapot, Hannah Doxtater, Moses Littleman, Peter D· Doxtater, Elizabeth Littleman, Diana Doxatater, Cornelia Littleman Henry Doxtater, Samuel L Littleman, John Doxtater, Peter Littleman, Andrew Doxtater, Austin [son Littleman, Jonas Doxtater, Moses Ander- Metoxen, Daniel P Doxtater, Phebe Metoxen, Mary Jane Doxtater, Lucretia Metoxen, John Doxtater, Martha Metoxen, Peter Doxtater, Hanner Miller, John S Doxtater, Sophia Mohawk, John Doxtater, Prescilla Mohawk, Aaron Doxtater, Electa Mohawk, Titus Gardner, Elizabnth Mohawk, John Gardner, Rebecca Mohawk, Emily Howe, Jeanette Mohawk, Isaac Howe, Mary E C Moon, Alice R 42 STOCKBRIDGE AND MUNSEE INDIANS. Moon, Hannah Quinney, Mary E Taylor, Josephine Moore, Charlotte Quinney, John P Wilber, Jedediah Palmer, Nicholas Quinney, Washington Wilbur, Samuel Palmer, Julia Quinney, Olive Wilbur, Annetta Palmer, Sophia Quinney, Alvin Wilber, Walter Weed Putnam, Barsheba Quinney, Esther Wilber, Alexander Pye, David Quinney, Charity Wilber Pye, Luther Quinney, Rosa Wilson, Joshua Pye, Myra Quinney, Henrietta Wilson, Lucy Pye, Rosalie Quinney, Alice Wilson, Elizabeth Quinney, Jane Quinney, Edwin Wilson, Orletta Quinney, Joseph Quinney, John W Wilson, Romona Quinney, Harriett Quinney, Amos L Wybro, Jesse Quinney, Henrietta Quinney, Emory N Wybro Quinney, Absalom N [ph us Quinney, Rachel M W y bro Quinney, Flavius Jose- Quinney, Gilbert M Darins, Charles, Sachem. Quinney, Olive P Quinney, Joseph · Jeremiah Slingerland, Quinney, Cynthia Quinney, William A Liba T. Peters, } Quinney, Simeon Slingerland, Mary E Albert Miller. Quinney, Adelaide Stevens, Samuel Samuel A. Miller, Quinney, Mary Jane Sheets, Rusella Cornelius S. Aaron, Quinney, Josephine Sheets, Lestina Matilda Councilors. Quinney, Emerson Sheets, Josiah HENRY R. WELLS, United States Special Commissioner. RED SPRING, SHAWANO COUNTY, WIS., A.p?·il8, 1871,. INDIAN ROLL. (Embracing the names of such as desire to retain their tribal character, and con· tinue under the care and guardianship of the United States.) Aaron, Cornelius, Aaron, Martin D Aaron, Iroy M Aaron, Lorin Aaron, Gutting Marsh Aaron, Vincent Aaron, Elizabeth Aaron, Betsey T Anthony, Ruth Anthony, Eb .:mezer Branch, Thomas Charles, Darius Charles Ida Charles Marion Charles, Bethena Charles, Levina Charles, Timothy · Charles, Isabella Doxtater, Dolly Doxtater, Hymenius Doxtater, Ambrosine Doxtater, Inez Doxtater, Nancy Doxtater, Benjamin Doxtater, Unice Doxtater, Mina Doxtater, Elvira Doxtater, Daniel Doxtater, Alvin Doxtater, Isabella Konkapot, Robert Konkopot, Franklin Konkopot, Rose Ann Konkapot, Rachel Konkopot, Aaron Konkopot, Prudence Lewis, Jackson Littleman, Oliver Metoxen, SimonS. Metoxen, Elizabeth Metoxen, Andrew Miller, Alfred Miller, Lucius Miller, Georgia Miller, Priscilla Miller, Albert Miller, Charles A very Miller, OrphaJane [ence Miller, Theresa Flor-Miller. Ed win Miller, Minerva Miller, Zachariah Miller, Hendrick Miller, William R Miller, Webb Miller, Miriam Miller, Samuel Miller, Warren Miller, Harriett Nathan. Cecilia Nathan, Emma Nathan William Palmer, Sherman Palmer, Elizabeth Palmer, Cornelia Palmer, James Peters, Ziba T Peters, Sterling Peters, Francis Henry Peter, Theodore Fre-linghuznen Peters, Lucy Peters,. Livingston Pve. Paul Pye; Abram Pye, William Pye, Adeline Pye, Elijah Pye, Lucy Pye, Catharine Pye, Maria Pye, Eugene Pye, Virginia Pye, Benjamin, 3d Pye, Hannah Pye, Benjamin, 4th Pye, Silas Pye, Ella Pye, Sarah A Pye-, Betsey Quinney, Osceola Quinney, Lucinda Quinney, Wallace Quinney, Jamison Skickett, Phebe Slingerland, Jeremiah Spragg, Clarissa Spragg, Henry Spragg, Jessie Spragg, Edward Thompson, Jonas Turkey, Dennis T STOCKBRIDGE AND MUNSEE INDIANS. 43 Williams, Eli T Williams, Andrew Williams, Austin Yoccum, Johiacum Yoccum, Emma Y occum, John ·Yoccum, Lillie Y occum, Clarissa Yoccum, Addison Yoccum, Benjamin Yoccum, Hannah Darius, Charles, Sachem. Liba T. Peters, l Jeremiah Slingerland, Albert Miller, J Samuel A. Miller, Cornelius S. Aaron, Councilo1·s. HENRY R. WELLS, United States Special Commissioner. RED SPRING, SHAWANO COUNTY, Wis., Aprils, 1874. c. REPORT OF COMMISSIONER WELLS ON APPRAISEMENT OF IMPROVEMENTS ON STOCKBRIDGE AND MUNSEE RESERVATION, JUNE 30, 1874. SHAWANO, WIS., June 30,18'74. DEAR SIR: I have the honor to submit herewith my report upon the appraise-ment of improvements of the Stockbridge and Munsee Indians, made unde 1· the first section of the act of February 6, 1871; this report being in the nature of a change from the appraisement made by Messrs. Wing, Martin, and McCord, United States special commissioners. There is no change in the amount ap-praised for improvements, but this indicates the names of the individuals to whom should be paid the several amounts, as certified by the Sachem and coun-cilors. , The improvements appraised as tribal property occupied by the heirs of J. N. Chicks should be paid as follows: To Elizabeth Chicks, wife of J. N. Chicks, one-third of $269, $89.66; to Martha Antone, formerly Martha Chicks, daughter of J. N. Chicks, one-third of $269, $89.67; to Mary Miller, formerly Mary Chicks, one-third of $269, $89.67. The improvements appraised as tribal property under the head of the National Meeting House, at the sum of $500, should be paid to Albert Miller. The improvements appraised as tribal property occupied by John Goccum, to the amount of $102, should be paid to him. The improvements appraised as tribal property occupied by John Hendricks, to the amount of $230, should be paid to him. The improvements appraised as tribal property occupied by William Gardner, to the amount of $394, should be paid to him. The improvements appraised as tribal property occupied by Benjamin Goccum, to the amount of $160, should be paid to him. The improvements appraised as tribal property occupied by the heirs of Jacob Davids, to the amount of $137, should be paid as follows: One-fifth thereof, $27.40, to Hannah Smith, daughter of Jacob Davids; one-fifth, $27.40, to Margaret Eo-lieu, daughter; one-fifth, $27.40, to Adams Davids, son; one-fifth, $27.40, to Sol-omon Davids, son; one-fifth, $27.40. to Jonas Davids, son. The improvements appraised as tribal property occupied by Jacob Jacobs, to the amount of $278, should be paid to him. The improvements appraised as tribal property occupied by Stephen Gardner, to the amount of $600, should be paid to him. The improvements appraised as tribal property occupied by Timothy Jourdan, to the amount of $252, should be paid as follows: To Joseph Doxtator, son of Margaret Jourdan, deceased wife of Timothy Jourdan, the sum of $28, being his one-third share of the one-third interest held by his mother in the property of Timothy Jourdan; to Benjamin Doxtator, also son as aforesaid, $28; the balance, amounting to $196, should be paid to Timothy Jourdan. The above and foregoing embrace all the improvements appraised to the nation as tribal property, and which the Sachem and councilors desire to certify should be paid to individuals bwing the same. The following list includes all disputed cases, and also such cases on the origi-nal appraisement as indicated that payment should be made "to the heirs" of persons; this report giving the names of the heirs and the amount due to each. The improvement appraised to Darius Charles, to the amount of $450, and claimed in part by the heirs of Austin E. Quinney, should be paid, as follows: To the heirs of Austin E. Quinney, namely, Jane Quinney, wife of Austin E. Quinney, $20; Washington Quinney, son, $8; Simeon Quinney, son, $8; Martha Moore, daughter, $8; Harriet Quinney, daughter, $8: Joseph Quinney, son, $8. The amount assigned to the Quinneys being the division of $60, found to be the 44 STOCKBRIDGE AND MUNSEE INDIANS. amount of a claim against the improvements appraised to Darius Charles, said sum appearing, upon investigation mada by the Sachem and councilors and your special commissioner, to be the entire amount oE any claim held against said Charles by the heirs of Austin E. Quinney. The balance, $390, should be paid to Darius Charles. The improvement appraised to the heirs of Polly Konkapot, amounting to $115, should be paid, as follows: Eli T. \Villiams son, $:~8.33; Aaeon Konkapot, son, $38.33; Hymenus Doxtater, ~TPndson. $6.39: Daniel Doxtater, grandson, $6.39; Mince Doxtater, granddaughter, $ti.39: Mina Doxtater, granddaughter, $6.39; Elvira Doxtater, granddaught"' r, $6.:39; and to Rosella Cheats, grand-daughter, $6.39. The six last named being the children. of Elizabeth Doxtater, daughter of Polly Konkapot. The improvement appraised to Benjamin Doxtater, to the amount of $213, and to which Jesse Jourdan lays claim, should be paid, as follows; B : njamin Doxta-ter, $106.50; Jesse Jourdan, $106.50. The ol'iginal improvements in this case were made by Jesse Jourdan, but at the time the appraisement was made the premises were occupied by Mr. Doxtater, who had made additional improve-ments that were taken into consideration by the appraiser;;. The evidence given by the two claimants contradicted each other, and as the outside evidence indicated that neither could be believed upon oath, the Sachem and councilors deemed the beo;t thing to do was to divide the improvement equally between them; this was also the judgment of your commissioner. The improvement appraised to Livingston Peters, to the amount of $223, should be paid as follows: To Hannah Peters, wife of Livingston Peters, $74.33; Ziba T. Peters, father of Livingston Peters, $148.67. The said Livingston PetePs having died since the appraisal was made, the heirs to his estate are as above given. The improvements appraised to Elijah Pye, to the amount of $335, should be paid as follows: To Serepta Johnson, for improvements made prior to Pye's com-ing in pos:;ession of the property. the sum of $35; to Elijah Pye, present owne£' of the rest of the improvements, the balance, $300. The improvement appraised to Peter B~nnett, jr., to the amount of $233, but which was claimed in part by Darius Charles, should be paid as follows: To Da-rius Charles, $33; the balance, $200, to Peter Bennett, jr. The nature of the claim of Mr. Charles was for improvements made by himself and father upon the land, and in satisfaction of a probable right to the land and improwment~. Mr. Bennett is opposed to such settlement; but the matter was investigated by the councilors, who recommend such settlement. The judgment of yom· com-missioner is that the above should give full satisfaction to Mr. Bennett, as he was unable to show that he possessed any right to the improvements appraised to him. In regard to the other improvements appraised to individuals of the Stock-bridge and Munsee Indians, the Sachem and councilors desire to CG)rtify they should be paid to the names as upon the orig-inal appraisement. As a matter of convenience in making the payments your commissioner has prepa.ed and af-fixed hereto a list containing the names of all entitled to improvement money, and the amount coming to each. HENRY R. WELLS, United States Special Commissioner. Ron. E. P. SMITH, Commissioner of Indian Affairs, Washington, D. C. We, the Sachem and councilors of the Stockb ,idge and Munsee Indians, do hereby certify that we have heard read to us this and the foregoing eleven pages, and that the charges herein made from the first apprai::;al of the Stock-bridge and Munsee improvements, as provided by the first section of the act of February 6, 1871, are made in compliance with our wishes, and according to what we believe to be just and right. DARIUS CHARLES, /Sachem,. ZIBA T. PETERS, ALBERT MILLER, JEREMIAH SLINGERLAND, SAMUEL A. MILLER, CORNELIUS S. AARON, Councilors. HENRY R. WELLS, United States Special Commissioner. STOThe treaty manifestly proceeded upon the idea that the mem-bers of this party, having renounced their Indian citizenship, and taken their share of the common country and abandoned the nation, they, for this reason, and in considef'ationof the:i:rrights and advantages under their acquired United States citizenship, had surrendered all right and interest to and in the property and affairs of the Stockbridge Nation. For the "Indian party" there was conservation of their Indian nationality and holding in common of their share of the country sold and of the seventy-two sections to be selected under the amendment, and a recognition that they con-stituted the Stockbridge Nation. The failure of the members of the "citizen party" to come forward and be .enrolled made most manifest their desire and intent not to be regarded as be-longjng to the nation. The treaty was carried out promptly by the United States as to the payments due under it at the time, and there only remained to be accomplished the se-lection of the seventy-two sections west of the Mississippi, the removal of the tribe thither, and the payment of the ten annual installments of $2,000 each, to be naid under the amendment after the removal. · The members of the tribe manifested a commendable zeal for the removal. (Report, 184:9-'50, p. 12; Rep., 1852, p. 5.) The first trouble that arose was the failure of the Government officials and the Indians to agree upon the selection, and matters dragged along most disad-vantageously for the Indians till1855, when Congress, by act of March 3 of that year (10 Stat., 699) appropriated $1,500 to enable the President to treat with and arrange the difficulties existing among the Stockbridge and Munsee In-dians of Lake Winnebago, in the State of Wisconsin, arising out of the acts of Congress of March 3, 1843, and August 6, 1846, and the treaty of :r;ovember 24, 1848, "in such manner as may be just to the Indians, and with their assent, and not .inconsistent with the legal rights of white persons who may reside on the Stockbridge reserve, of the claim of the United States under the treaty (1848)." This was the situation at that time. Those who had become citizens of the United States and taken their share in severalty had squandered it and were paupers. A large number of whites had settled upon lands bought in 18-!8 from the tribe, whilst those disappointed and dissatisfied with the .failure of the Gov- • 52 STOCKBRIDGE AND MUNSEE INDIANS. ernment to locate the seventy-two sections west of the Mississippi in conformity with their selection had become desirous of remaining at and having again the township on Lake Winnebago. The superintendent at that time was one Francis Huebschmann, an unmiti-gated scoundrel, as was subsequently proven in suits in Wisconsin brought against him by the Government, in which judgments were rendered against him. It was determined to work up a new treaty as a means for saddling back upon the tribe the pauper United States citizens, and this conscienceless man, Huebs-chmann, was selected as the commissioner on the part of the United States for the work. On May 3, 1885, the Commissioner of Indian Affairs wrote the Secretary of the Interior "that, for the purpose of bringing about a result so desirable as that of restoring to these people (Stockbridges) the township of land at Lake Winnebago," if practicable, the Commissioner of the General Land Office should be authorized to be present at the council to be held by Huebschmann with the Indians in order that his experience in the land system of the Government might be made available in the adjustment of some points that in his mind were not free from difficulty. On June 1, 1855, a treaty was made with the tribe, the Commissioner of the General Land Office being present. It was satisfactory to the Indians, as it re-stored to them the Lake Winnebago township, and was signed by them almost unanimously. But when Huebschmann transmitted it to the Department he sent with it a notification that, in his opinion, it ought not to be submitted to the Senate. It consequently was not submitted., and the matter was relegated to Huebscbmann for further proceedings. In January or February, 1856, just after the tribe had held its annual election for headmen or councilors (at that time the tribe was living under a written constitution and written laws of their own enactment) Huebschmann came to them and gave notice at a council called at his request that the Government wanted to make another and different treaty, and, instead of restoring the town-ship on Lake Winnebago or giving lands west of theMississippi, to give land on Wolf River among the Menomonees. The council knowing full well that the land there was poor, much more so than that on Lake Winnebago, and incapable of supporting a people who depended upon agriculture for subsistence, refused to entertain this and other propositions submitted by Huebschmann. He finding that the legally constituted sachem and council would not accede to his propositions, proceeded to harangue the people, and saying that he was authorized and instructed to depose the sachem and councilors in case of their refusing to accept his propositions, declared he did depose them, and thereupon ordered an election to fill their places. An election under his auspices was held. At it persons who never belonged to the Stockbridge tribe, as were those who had formerly become citizens of the United States, taken their share of the com-mon country, and abandoned the tribe, were permitted to vote. Only those were elected who were known to favor Huebschmann's plans and propositions. The draft of what is known as the treaty of February 5, 1856, between the United States and Stockbridge and Munsee tribes (11 Stat., 663) was presented to the so-elected sachem and council and approved by them. It was then submitted for signatures. Men, women, and boys were induced to sign it. Most of the men who signed it were not members of the tribe and some were beastly drunk at the time of d,oing so. A number of women signed against the wishes of their husbands. False statements and false promises were made in order to secure signatures, and bribery and forgery were resorted to by Huebschmann. The annuities due for three or four years previous to this had been withheld. Huebschmann brought this money with him, and used it as a bribe to attract and persuade the doubting. He promised $10 to each one who would come for-ward to take it and attach his signature. The ignorant had no suspicion this was their own money, but supposed it was a generous gift from their Great Father, and that it was so much in addition to what the so-called treaty prom-bed. Others, poor and destitute, were impelled to sign by the idea that if they did not do so they would not get their annuity money. Huebschmann most ex-plicitly promised $50 per head to those who would remove, to be paid before they left their homes, and before the ratification of the treaty if they so desired. He promised them they should have homes upon the lands lying directly south STOCKBRIDGE AND MUNSEE INDIANS. 53 of Lake Shawano. This was the principal inducement offered, as the Indians knew those lands were of good quality. There is the clearest demonstration that, notwithstanding the outrage and frauds perpetrated by Huebschmann, not one-half of those who constituted the Stockbridge tribe pursuant to the 1848 treaty signed the 1856 infamy. To see this, one has but to compare the roll or census taken and appended to the 1848 treaty under its second article with the signatures to the 185ti treaty, to see that of the 56 persons named, who in 1848 represented 177 souls, only 25 of them rep-resenting 76 souls in 1848 signed the 1856 treaty. Immediately after the signing of the paper Huebschmann proceeded with a. delegation to explore the country that the signers supposed had been promised them. Arrived there he told them they could not look at that land with the expectation of getting it, but that they must make such explorations as he directed. When told by the delegates what was their understanding of the treaty, he replied he was sorry they did not understand it when they signed it, that they had. to go where he told them. Then, for the first time, the Indians saw that they had been deceived and a gross fraud practiced upon them. Many became disheartened and. regretted they had ever seen Huebschmann and his treaty. The delegation readily discovered that the country it was intended they should take was vastly inferior as a farming country to that on Lake Winnebago, and could by no means come up to the treaty promised of being one-half arable. The treaty so obtained was rushed to Washington City, and ratified by the Senate Aprill8, 1856, before those whose rights had been so flagrantly violated and were opposed to the treaty were able to prepare and present their statement of the facts and objections to the treaty. The land selected by Heubschmann-two townships-was obtained from the Menomonees by treaty of February 11, 1856 (11 Stat., 679). To appreciate how great and utterly indefensible was the outrage perpetrated upon the tribe by Huebschmann in supplanting the constitutional authorities of the tribe through the form of an election with the voters thereat who were citizens of the United States and not possessed of the slighest right to a voice in the affairs of the tribe, one has but to read the admirable report of that superb lawyer, then Senator Matt. H. Carpenter, on the status of Indians under the fourteenth constitutional amendment. (S. Report268, Forty-first Congress, third session.) Great as was that wrong it was aggravated by the cruelty that was manifested in the miserable country selected for the Indians' new home. As to this there is the most ample testimony. The soil of the two townships is mostly yellow sand with little clay, bearing in the main groves of hemlock and pine, principally the latter. There are .swamps with cedar and tamarack inter-spersed with ridges of hard-timber land. The north half of the east and the en-tire west township were valuable only for the timber. Agent Bonsteel said in 1858 tReport Commissioner, 1858, pp. 29, 30), speaking of the complaints of the Indians, one of which was-" That th:; land allotted to them was unsuitable for farming purposes, and by no means such as they had a right to expect, both from the terms of the treaty and the promises of Superintendent Huebschmann. Without any disposition to censure the action of that officer, I consider it my duty to say that some portion of their complaints is founded in truth. "The country given to them is cold, by no means well fitted for farming pur-poses, and altogether inferior to the land conveyed by the Indians to the United States." He said in 1859 (Report 1859, p. 40): "The land, in point of fertility, not being at all what it was represented to be." Agent Davis said in 1862 (Report, p. 328): '"l'he country occupied by the Stockbridge Indians would very justly be con-sidered a hard country for white people to live in. It is mostly heavy timbered with hemlock, beech, birch, poplar, pine, tamarack, cedar, sugar maple, bass, etc. Pine is the principal timber of any value. "There is no disguising the fact that the condition, location, and future pros-pects of this tribe are unfortunate." The agent said in 1866 (Report, p. 287): ''If their location had been selected in a fertile region instead of the cold and bar-ren sand hills of their present home, their advancement in agriculture and the arts of civilized life would have been more satisfactory and far more beneficial to them. * * 7< But the forbidding character of their country, not enabling them tore· alize from it a meage1· subsistence without occasional supplies from the Govern-ment." 54: STOCKBRIDGE AND MUNSEE INDIANS. In 1870 the agent said (Report, p. 312) that the superintendent who located the tribe "selected a poor sand barren and obliged them to live on it." Notwithstanding their disa ppoin tmen t as to the character of the country prom-ised, those who had become citizens of the United States went at once to the new reservation bought from the Menomonees, they having in fact no other home to go to. They were accompanied thither by the major portion of those of the tribe (we speak of the tribe constituted under and recognized by the '48 treaty) who had signed the '56 treaty. -The remainder and major portion of the tribe, refusing to participate in or as-sent to the '56 treaty, remained at the old or Lake Winnebago Reservation. They presented their appeals to Dapartment and to Congress, and endeavored among other things to effect a purchase of a portion of the country of the Oneidas. (Report 1859, pp. 39, 40.) The attempted purchase came to nought. Their appeals failed to bring them relief. There was constant jarring, with collisions with the white settlers as to their respective rights to the possession and occupancy of the lands, and the Government officers withheld their improvement and removal funds. Forced by these and other causes to succumb, they, in the fall of 1859, unwill-ingly gave up their old homes and went to the new reservation. Speaking of this removal, the agent said (Report 1859, p. 40): "It is apprehended that the removal of these Indians to the new reserve will • not by any means cure the growing discontent as to the situation and location of this tribe ; their main object seems to be to effect a removal to some more genial climate and fertile lands; their desire and wish has been to effect the purchase of the Oneida lands." That the agent spoke not without reason, let after reports testify. The agent in 1862 said (Report 1862, p. 329): "This tribe are very anxious to treat with the Government for the purpose of locating· on better farming lands, but, in accordance with your instructions, I have informed them that, in the present disturbed state of the country, the Gov-ernment could hardly be expected to treat with them." In 1866 (Report 1866, p. 287) he said: -"There are in the tribe men of intelligence, good farmers, and skillful me-chanics. But the forbidding character of their country not enabling them to realize from it a meager subsistence without occasional supplie::; from the Gov-ernment has bred discontent among them, and they therefore earnestly desire a remodeling of their treaty stipulations, believing that any change must be an improvement uoon their nresent condition * * * and they seem to regard themselves as mere sojourners,· looking with anxiety to the future that awaits them." In 1870 (Report 1870, p. 312) he said: "The tribe is disgusted with their home and discouraged with farming." As shown above, the Stockbridge tribe-the anti 1856 treaty party-did not go to the new reservation gotten from the Menomonees till the fall of 1859, and it is gross error to say" the treaty (of 1856) was satisfactory to the tribe, and all the members accepted it as a settlement of former difficulties," etc. The official reports quoted from disprove it. Immediately after these went in 1859 to the new reservation, the improvement and removal funds that had been withheld from them all-those members of the tribe and those not members but citizens of the United States (Report 1859, p. 10)-were paid over. The reports of the commissioner and agent for 1860, being -so very meager, assist us not at all in this inquiry, but when we come to that of 1861, p. 193, we find the agent reporting that he found not one Munsee on the reservation, and abeut one-half the Stock bridges gone. In 1862 (Report 1862, p. 329) he reported: "In enumerating the members of this tribe I found 135 persons on the reser-vation and 214 off, principally scattered in the northeast counties in the State. The number of families on the reservation is thirty-six. Their dwellings are constructed of logs, and are substantially made. There is but one frame house, 25 by 40 feet, which is used for a church and also for a schoolhouse. The barns, ten in number, are also constructed of logs. I found twenty deserted houses, the proprietors of which could hardly be induced to return and occupy them. Indeed, nothing brings them back except they hear that subsistence or funds are to be distributed." In his report of 1866, p. 287, the agent says: ''The treaty made in that year (1856) with the Stockbridge and Munsee tribes, STOCKBRIDGE AND M:UNS:BE lNDIANS. 55 and the census accompanying it, pt>esent an aggregate population of both parties numbering 409 souls. A removal and improvement fund was provided them, '-upon the receipt of which the gTeater portion left the tribe, expended their money elsewhere, and their number now is reduced to about 152." What is to be particularly noted in this connection is that, with five or six exceptions, it was those who had become citizens of the United States under the '43 act that so left the new reservation upon receipt of their portion of the re-moval and improvement fund. It is these whose only concern about the tribe is, and has been distribution of funds or subsistence and whom only that bl'ing·s to the reservation. Those who remained upon this n <3W reservation, with the exceptions noted, were of the "Indian :party "- the "Stockbridge tribe," under the '48 treaty; those who went there unwillingly in 1859-those who, year after year, voiced their wrongs to Congress and earnestly besought red.·ess. The 1856 treaty substantially provided for anew formation of the Stockbridge tribe by making its component members to be, not alone those individuals who constituted it under the 1848 treaty, but these, together with those who had be-come citizens of the United State under the act of 1843 and all others of that blood, and Munsees, wherever living, whether in Wisconsin, New York, or west of the Mississippi River. In other word&, it contemplated bringing back as members of the tribe all who had taken their share of the common country owned at the time of the passage of the act of 1843 and abandoned the tribe, leaving it to its fate in order to have and receive a further share from what was left to, and preserved by, the others, and thereby have them receive an undue share of what was the common prop-e:t'ty. The treaty (article 5) provided for a roll or census of-" The persons to be included in the apportionment of the land and money to be divided and expended under the provisions of this agreement," they to "be such only as are actual members of the said Stockbridge and Munsee tribes, their heirs, and legal repr-esentatives." A roll or census was taken and appended to the treaty. It enumerated 58 Munsees in New York, and 351 Stockbridges in Wisconsin; total, 409 souls. The treaty of L848 gave the ''Indian party," the "Stockbridge tribe" of 177 souls, the two townshipS! to be located for them under the amendment of that treaty. It also provided, amendment and article 9, for a payment of $20,000 to them by ten annual installments, after theirremoval from the Lake Winnebago Reservation, and an in vestment of $16,500 '• for the purpose of making provision for the rising generation of said tribe;" total, $36,500. The 1856 treaty, article 1, called for a cession and relinquishment of these $36,500 to the United States, who gave in lieu thereof-by article 2-one im-provement and removal fund of $61,650 for 409 souls, viz, the 58 Munsees in New York and the 351 Stockbridges in Wisconsin; and, by the amendment, another fund of $12,000 for said 351 Stock bridges and a fund of $6,000 for the 58 Munsees. The 177 souls of the tribe under the 1848 treaty and their descendants could not and did not receive as much money under the 1856 treaty as the 1848 treaty secured to them. The figures given will aid in demonstrating this. By the 1856 treaty, articles 3 and 5j the two townships instead of belonging to the representatives of said 177 souls was to belong to 409 souls, the 58 Munsees and 351 Stockbridges, supra. It is easy to see how much less land the 1856 treaty gave to the representatives of the 177 souls than the 1848 treaty gave those 177. Now, taking into consideration the outrages perpetrated upon the tribe by . the deposition of their constitutional officers-by the imposition upon them of pauper citizens of the United States and by the carrying of an election against them by the votes of these f<>rcibly imposed paupers-the worthlessness of the two townships selected under the 185ti treaty, article 2, in comparison with the lands on Lake Winnebago sold to the United States under the 1848 treaty-the enforcement, or rather contemplated enforcement, of a division of these two townships among 409 souls instead of among the representatives of the 177 souls, and the further fact that the 1856 treaty did not give to said 177 representatives as much money as the 1848 treaty gave the 177; now, as we say, taking these things into consideration, it is impossible to see how the 1856 treaty was in any way a b =nefit to the representatives of the 177 souls, the "Stockbridge tribe," as recognized by the 1848 treaty. It is impossible not to see that it was a mon-strous wrong, a most positive injury in every way to them. Under such circumstances they had the right to appeal to Congress against it. STOCKBRIDGE AND MUNSEE INDIANS~ It is not to be wondered at or they to be condemned for having persistently voiced their great wrongs to Congress. Article 3 of the 1856 treaty provided for an allotment among t ~1e 409 persons of the two townships to be selected under article 2, it to be made "under the di-rection of the superintendent of Indian affairs for the northern superintendency." The House committee, led into error by misrepresentation, has incorrectly re-ported (Report 1054, Forty-eighth Congress, first session) that the two townships were so allotted to the Indians immediately after their removal to their new home, a.nd such allotments have ever since been occupied by the families to whom they were so assigned. Such was not the case. The abolition of the office of superintendent, northern superintendency, prevented the allotment being made, and none has ever been made pursuant to the treaty. We have already seen how individuals left the r-eservation. In 1871 Congress, giving ear to the appeals of those so wronged by the 1856 treaty, passed its act of February 6 of that year, Chap. XXXVIII (16 Stat., 404), for the relief of the Stockbridge and Munsee tribe of Indians, etc. This act - sections 1 and 2-provided for a examination and appraisal of the whole, and a sale of three-fourths of the two townships bought from the Menomo-nees under the 1856 treaty, and a reservation of the other one-fourth (18 sec· tions) to and for and" subject to allotment to members of the Indian party of said tribe; " that is to say, to and for such of those and the heirs of those 177 souls who constituted and were recognized as the Stockbridge tribe under the treaty of 1848, and those adopted and recognized by them as members of said tribe as were in said year (1871) desirous of continuing their Indian nation-ality and the holding of their land in common. N. B.-At this time a large number of those who had constituted the" Indian party," the "Stockbridge trib3," under and after the treaty of 1848, had become desirous of taking their interests in severalty from the tribe and acquiring United States citizenship. These were designated and known as the "New Citizens party" in contradistinction to the old'' Citizens party," whose members had acquired United States citizensh_ip and taken their share of the common country under the act of 1843. It was to gratify the desires of the members of this" New Citizens party" that the sale was provided by said act of i871. It is not necessary for this consideration that we notice in detail each of the nine sections of this act of 1871. It is sufficient to say that Congress, not attempting by this act to take back from the members of the old" Citizens party," or have them in any wise repay any part of the money received by them under the 1856 treaty, took into con-sideration these facts , namely, that the members of the old "Citizens party" had taken their share of the common country owned by the tribe in 1843, and disposed of it for their exclusive use and benefit .; that they had acquired United States citizenship under the act of 1843, and had abandoned the tribe, leaving it to its fate: that the tribe, being a nation under treaty relations with the United States, had the right to hold, and had held, these as having no longer · any interest in the property or affairs of the tribe; that these gave not the least consideration to the tribe for a right to share with its members the lands of the two townships bought from the Menomonees; that the United States had not the least right to impose upon the tribe by the 1856 treaty, without its free con-sent and upon just consideration, its pauper citizens of Indian birth-not one whit more right to impose these as citizens than to impose as such citizens a like number of its pauper white citizens; that those it then thereby attempted to enforce upon the tribe as citizens, upon getting their share of the money paid under the 1856 treaty, at once left the new reservation, and a second time abandoned the tl'ibe to its fate, and intended, so far as these United States citi-zens were concerned, a repeal of the 1856 treaty in so far as it enabled them to share in the proceeds of the sale of the three-fourths of the two townships directed by the first and second sections of this act, or in the 18 sections of land reserved from said sale by the proviso to the second section. This intent was made manifest by the exclusion of them from the rolls provided for by section 6. The act of 1871 was carried into e1fect. A sale of the three-fourths of the two townships was made. Two rolls were prepared pursuant to section 6, showing 138 souls to the '' New Citizens party" and 112 to the ';Indian party," those de-siring to retain their tribal relations. The proceeds of said sale were divided, and $75,804.46 being transferred to the credit of the Indian party on the books STOCKBRIDGE AND MUNSEE INDIANS. 57 of the United States Treasurer (section 5), the balance, $94,179.57, due this" New Citizens party," 138 in number, was paid to them pro rata. The reserved one-fourth (18 sections) was practically prepared for the sole oc-cupation of the member:s of the Indian party and such members of the new and old citizens parties as were i.n occupation of portions of these eighteen sections were, upon refusal to comply with notice to leave, declared trespassers by order of January 25, 1875, and the agent directed to remove them. (See H. Mis. Doc. 14, Forty-sixth Congress, third session, pp. 9-12). The members of the old "Citizens' party" some families of whom are on the reserved eighteen sections, the order for their removal upon one pretext or another not having been enforced, are clamorous for participation in the $75,-804.46 in the Treasury to the credit of the 112 members of the "Indian party," and it is in the interest of these calling themselves the "old Citizen party of 1843," as opposed to the " Indian party," that the passage of said House bill 2989 is sought, to operate as a repeal of the act of 1871 only as to the L12 members of the '' Indian party." These offer the following considerations in support of their opposition to said bill 2989: It was competent for Congress to tender by the act of 1843 United States citi-zenship and allotment of land in severalty to members of the Stockbridge tribe of Indians. All such Indians as have ceased their tr.ibal relations and been declared citi-zens of the United States by treaties or acts of Congress are citizens of the United States. (Wilson v. Waul, 6 Wall., 83.) Our attention has been called to several treaties by which Indians were made citizens, and to the act passed in relation to Texas. All this was done under the war and treaty-making powers of the Constitution and those which authorized the National Government to regulate the territJry and other property of the United Statfls and to admit new States into the Union. (United States v. Rhodes, 16 Am. L. R., 233; Am. Ins. Co. v. Canter, 1 Pet., 511; Cross v. Harrison, 16 How., 164.) Naturalization is the removal of disabilities of alieDage. The making of one not a citizen to be a citizen. (The State v. Manuel, 2 Dev. & Beatt., 25; The State v. Newcomb, 5 Iredell, 253.) Indians not being of domestic birth are under the disability of alienage. (Scott v. Sanford, 19 How., 417.) The power to naturalize is vested exclusively in Congress. (United States v. Rhodes.) It is quite certain those individuals who accepted the tender made by the act of 1843 and took land in severalty and terminated their tribal relations and acted and were recognized by all parties as United States citizens, did become such pleno vigore. Congress could not by subsequent act make them not to be citizens. Neither could this be done by treaty with them. We have no law to decitizenize a eitzen who has become such either by the natural process or the legal process of adoption. (Atty. Gen. Bates on citizen-ship, 10 Op., 382.) Can Congress by act make an Indian nation, i.e., all the members thereof, citi-zens of the United States, they not desiring or accepting the same? Can it do so, for example, to the Cherokee Nation? We opine not. If it can not be done to all, they not desiring it, does it not necessarily follow that it can be done only to those who desire and accept it? Those Stockbridges who became United States citizens under the act of 1843 are such citizens to this day. The Stockbridge tribe, a nation, and so recognized by the United States, had the plenary right in the exercise of the power to regulate its domestic affail·s, to treat those individuals who had accepted United States citizenship, taken their share of the common country in severalty, and dissevered their tribal re-lations, as having thereafter no interest in the property and affairs of the tribe. Senator Carpenter's report, sup1·a. Such surely would be the law of the United States to one or more of its citizens. The treaty of 1856 was an illegal interference by the United States in the in-terest of some of its pauper citizens with the possessions of the Stockbridge tribe. The protection of the Indians in their possessions is a political question over which Congress has jurisdiction. (Cherokee Nation v. Georgia, 5 Pet., 20.) 58 STOCKBRIDGE AND MUNSEE INDIANS. Congress can by act repeal a treaty. (Cherokee Tobacco Case 11 Wall., 619.) Consequently Congress, in1871, could, if then satisfied that a wrong was done the Stockbridge tribe of Indians in respect to .their possessions by the treaty of 1856, in the interest of some pauper citizens of the United States, rectify t.hat wrong in the exercise of its constitutional power to protect the Indians in their pos-sessions. We have shown conclusively that great wrong was done by the treaty of 1856. Congress realized this, and sought to remedy it hy its act of 1871, and that act should be allowed to stand, and Congress will do well to give heed to the recom-mendation in respect to its pauper citizens herein referred to, submitted by the Commissioner of Indian Affairs (H. of R. Mis. Doc. H, Forty-sixth Cong-ress, third session, p. 16), and be generous to them at its own expense. All which is respectfully submitted. WASHINGTON 1 D. C., June 301 1884. 0 A. MILLER, Delegate Stockbridge Nat ion.

Mary Woodbury and Elizabeth Odell

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Mary Woodbury and Elizabeth Odell

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