2d Session. EXCHANGE OF LANDS WITH INDIANS. JANUARY 17, 1837. Printed by order of the House of Representatives. WASHINGTON, January 2, 1837. SIR: I have the honor to enclose a resolution, adopted by the House of Representatives on the 23d ult., and request that you will furnish me with such information, for the use of the Committee on Indian Affairs, as the department may have, that will aid the Committee on Indian Affairs in deciding upon the expediency of holding treaties with the tribes named in the resolution. It is desirable to know the number of each, the quantity of land held by each, and every circumstance in their condition and prospects connected with the proposed measure. I will thank you to add an expression of your views respecting them, J. GARLAND. Hon. BENJAMIN F. BUTLER, WAR DEPARTMENT, January 9, 1837. SIR: I have the honor to return the resolution of the House of Representatives of the 23d ultimo, transmitted in your letter of the 2d instant, accompanied by a report of the Commissioner of Indian Affairs; and to express my concurrence in the views and recommendations contained in it. Very, &c., B. F. BUTLER, Secretary of War ad interim. Hon. JAMES GARLAND, Committee on Indian Affairs, H. of Reps. WAR DEPARTMENT, Office of Indian Affairs, January 9, 1837. SIR: In compliance with your direction to report on the subjects embraced in the resolution of the House of Representatives of the 23d Blair & Riwes, printers. ultimo, and the letter of the honorable Mr. Garland, of the Committee on Indian Affairs, transmitting it, I respectfully submit the following remarks: The resolution directs an inquiry into the expediency of appropriating money for holding treaties with, and the purchase of lands belonging to, the Sac, Fox, Sioux, and Winnebago Indians, in Wisconsin Territory, and to provide for their removal west of the Mississippi river." i. The Sacs and Foxes are one nation, and, jointly with the Ioways, claim an interest in the lands north of the State of Missouri, embraced within the lines described on Tanner's map of the United States, published in 1836, as belonging to them, estimated to contain eleven millions of acres. The claim of the loways to a portion of this tract was admitted by the Sacs and Foxes, in the third article of the treaty with them and other tribes, of the 19th of August, 1825. The "division of their respective claims," provided for in the same article, has not been made, and it is not known upon what authority a part is represented on the map as having been set apart for the Ioways. In point of fact, they have not occupied it, but have lived on the Little Platte, fifteen miles west of the line of the State of Missouri. Under an arrangement recently made with them, which is now before the Senate, they will remove south of the Missouri, where 400 sections have been assigned for them and the little band of the Sacs of Missouri, between the great Nemahaw and the northern boundary of the Kickapoos. The loways, however, must be a party to any negotiation for the extinguishment of the title to the lands described for them and the Sacs and Foxes on the map. It is understood that the Sacs and Foxes, having, in a treaty now before the Senate, ceded and consented to remove from the reservation on the loway river, contemplate establishing new villages immediately west of it. If any new treaty is to be made with them, it is obviously desirable that it should be done before this design is carried into effect. The country yet claimed by them, says the Governor of Wisconsin, “is not surpassed by any lands in the United States or Territory, and contains upwards of ten millions of acres. I have no doubt it is the policy of the Government to extinguish the Indian title to this country as soon as possible. The proximity of the white settlements to the boundary line between the United States and these Indians, and the tide of emigration, being so great to this country, that the sooner the country is purchased, and the Sac and Fox Indians removed south of the Missouri river, the better." The chiefs and principal men of these nations are under the belief that their country is to become immensely valuable; and I have no doubt, their traders were the means of preventing their selling more of their country, at the treaty I made with thein. It is inconvenient for traders to follow the Indians south of the Missouri. The members of the American Fur Company find it much more profitable to keep the Sac and Fox Indians located near them." These remarks indicate the expediency of acquiring possession of the lands of these Indians, and the obstacles to a successful effort. The prot ability, suggested by Governor Dodge, that more could have been obtained froni then at the late treaty, is confirmed by a verbal statement of one of their traders that if a delegation is permitted to cone to this place, they would cede the lands west of the cession of 1832, to a line drawn due north from its southwest corner. A glance at the map will show that this would em race the most valuable of the lands bordering on the rivers; which would, no doubt, be as quickly settled as the tract ceded in 1832, which now contains 40,000 persons. The removal of these Indians south of the Missouri would put an end to the collisions and bloody encounters between them and the Sioux; while, when the line of military posts is established, as provided for by Congress at its last session, the aggressions of the latter upon our own settlements would be prevented. 2. A council was held with the Winnebagoes in October last, by Governor Dodge, at which a proposition was made to them to relinquish their country, and remove south of the Missouri river. To this proposition they did not accede. "I have no doubt," says the Governor in his report, "had the Indians been left to the exercise of their own judgment, they would have consented to have sold their country east of the Mississippi river. Their traders were opposed to their removal south of the Missouri river, and, I have no doubt, dictated the course taken by them at the late treaty held with them." He proceeds to express the opinion, that they would agree to cede their lands, if the whole of the neutral ground, west of the Mississippi, a portion of which was given to them in the treaty of September, 1832, were assigned to them. The policy of this arrangement is more than doubtful, could it be effected, which is very uncertain. The Winnebagoes, as stated in my annual report, are averse to residing on this tract, from their apprehension of the Sioux. They could not long remain there, as the white settlements would rapidly multiply around them. It would seem to be a wiser measure, looking merely at their own interests, to establish them permanently south of the Missouri, in the vicinity of the Ioways, Otoes, and Missourias, who speak dialects closely connected with their own. The country owned by them north of the Wisconsin they cannot subsist on; and their condition in that ceded by them in 1832, upon which they have until recently remained, has been most wretched, notwithstanding the liberal provision then made for them. To a special agent, who visited them in 1835, they described their situation as "most deplorable." He stated that they were dispersed over the country, driven by the whites from place to place, and that some of their young men had been recently whipped. Later accounts from the commanding officer at Fort Winnebago indicate the existence among them of the same degree of misery. It cannot be doubted that they would possess more advantages, and be in a state of greater security, tranquillity, and comfort, if they were settled south of the Missouri river. 3. The Governor of Wisconsin Territory has recommended the purchase of all the pine lands owned by the Sioux and Chippewas east of the Mississippi river. These may be described as lying west and south of a line drawn from the upper rapids of the Wisconsin to the junction of Muddy and Pine rivers, and reaching to the Mississippi; but it may be expedient that the purchase should be extended, to include the timbered lands south and west of that river. The following extract from a letter of Governor Dodge shows his views upon this subject: "I think, however, the proper policy would be, to purchase of the Chippewa and Sioux Indians all their pine country east of the Mississippi river, as early next season as these Indians could be convened. The country belonging to both the Sioux and Chippewas abounds in pine, is barren of game, and unfit for cultivation, and valuable alone for its lumber materials. That being the case, it would not be difficult to effect a purchase of that whole pine region of country. The Chippewa Indians are poor and in want; and, in justice to them, as well as the proper policy, I think, to be observed towards the Indians generally on our borders, the sooner the pine country can be purchased, the better both for the Indians and the citizens of this Territory." It may be added, that privileges to erect mills for cutting this timber have been obtained from the chiefs for, it is believed, very inadequate considerations; the payment of which has been made directly to the Indians by the persons holding the privileges, without the intervention or supervision of any agent of the Government. The sanction of the department has of late years been refused to these grants of the chiefs; but, by a radical defect in the intercourse law, it has no authority to prevent any one from entering the Indian country, either with or without the assent of the chiefs, and cutting and carrying off the timber, although such practice is certainly at variance with its spirit and intent. The value of these privileges may be gathered from the statement of Governor Dodge, that "the amount which should be paid for each saw mill of one saw, I would estimate at five hundred (500) dollars per annum ;" "and for each additional saw in operation, the same amount should be paid." It would seem to be obviously better for the Indians, to purchase the whole pine country at once, and to give them a liberal compensation, to be applied for their benefit, under the direction of the President. Having presented these views respecting the expediency of negotiating. with the Indian tribes named in the resolution before me, I proceed, in accordance with the wish expressed by Mr. Garland, to submit some remarks connected with the general subject of removal and settlement south of the Missouri river. It may be proper for me to state here, in general terms, that if treaties, concluded during the past year with the Menomonie Indians, and the New York Indians interested in the lands at Green Bay, and which are now before the Senate, be ratified, their title will be extinguished to all the country north of Wolf river, and west of Fox river and Green Bay, with the exception of a reserve for a band of the latter of fifty thousand (50,000) acres, and one township for the Stockbridges and Munsees, which is conditionally retained by them. The white settlements will be immediately extended to the new boundaries, and the extinction of the title of the Menomonies to the country still held by them will be a measure necessary to their comfort and quiet. Their ultimate removal south of the Missouri may be confidently anticipated., Their connexion with the Winnebagoes suggests the propriety of locating them near to each other, when the removal of both tribes is accomplished. It was mentioned in my annual report, that the Ottowas and Chippewas had transmitted a memorial, in which they requested that a negotiation might be opened with the Chippewas west of Lake Superior and north of Rum river, to obtain from them a part of their country for a permanent home. I enclose a copy of this memorial, (marked A,) that the subject may receive the consideration of the committee. These Indians, it would seem, do not contemplate a removal before the expiration of the five years in which they are secured in the possession of the reservations provided for them in the treaty of March last. It is desirable, however, that their ulti mate destination should be determined upon as early as practicable. I they cannot go west of Lake Superior, they must go to the country south of the Missouri; and it is questionable whether a suitable tract, of sufficient extent, can be provided for them there. They are accustomed to subsist upon fish and wild rice, taken and gathered from the numerous lakes and streams in their present country, and of this they would be deprived in the region south of Missouri. The scarcity of timber and game there, is also a serious objection. If the proposed arrangement could be effected with their brethren, they would probably be willing to emigrate long within the time specified. The measures to be adopted for carrying into effect the stipulations in the late treaty, for farming and mechanical establishments, and for education, would be influenced materially by the action of the Government upon this memorial, and by the result of that action. Treaties with the bands of Potawatamies in Indiana, for whom reservations were provided in 1832, are now before the Senate, which stipulate for their removal west of the Mississippi; and with a part of the Indians in New York, for the same object. If these be ratified, and the negotiations herein indicated, and with the Miamies, prescribed by a resolution of the Senate at its last session, be successful, there will be, north of the Missouri or east of the Mississippi, the Ottawas, Chippewas, and Potawatamies of Illinois, the Chippewas of Swan creek and Black river, and the Chippewas of Saginaw, in Michigan; the Wyandots, in Ohio; and a portion of the Six Nations in New York and at Green Bay. An appropriation will be required to effect the arrangement contemplated by a resolution of the Senate at the last session, by which the assent of the first to take lands south of the Missouri for those north of it, given to them by the treaty of Chicago, may be procured. It is believed they will readily consent to this measure. The second are under treaty stipulations to remove west of the Mississippi, or north of St. Anthony's falls. A treaty will probably be made with the third this winter, and with the others at no distant day. I submit a tabular statement, (marked B,) showing the names of the tribes south of the river and west of the State of Missouri, the population of each, the quantity of land assigned to each, the number of acres for each individual, and the tenure by which it is held; and the same facts in relation to the tribes mentioned in the resolution. There are, besides, two large tracts in that region yet unoccupied. "The first district of nappropriated lands," (I quote from the report of the commissioners in 1834) is between the north line of the Osages, and the lands of the Weas, Shawnees, and Kanzas, and is estimated to contain 20,252 square miles, or 12,965,120 acres." "The second district of land, not yet granted to any tribe, is situated north of the country of the Delawares and Kickapoos, to the sources of the Platte, and containing about 15,625 square miles, or 10,000,000 acres." The commissioners suggested suitable locations for all the Indians then east of the Mississippi; but they embraced in their calculation the lands acquired by the treaty of Prairie du Chien of 1830, containing about 16,120 square miles, or 10,312,000 acres. Of these, 500,000 acres, between the State of Missouri and the Missouri river, will be annexed to that State, under a law of the last session, as soon as the title of the Sioux of the Mississippi is relinquished by them, and the treaties made with the tribes interested in it are ratified. Of the residue, 5,000,000 acres were assigned to the Ottawas, Chippewas, and Potawata |