The weekly Minnesotian., 1853-01-01


living among them beyond the memory of the
present generaticn--in no respects more provi-
dent or less cxtravagant than other Indians
and without annuitcs for fifteen years longer
time than their brother Medaywakantoaus--is
it strange we say. that those two bands should
have large debts to pay, or strange that those
debts should be provided for by the express
terms of their Treaty: Fifteen years ago, the
Mcdayw akantoans cleared off debts to the
amount Of 100000 The two upper bands
numbering over 1000 souls, have now paid in
the same manner aud for the same purposes,
$4,000, or sl05,o0o each-hut thousand
year for the Is years interval between their
own treaty and that of their lower brethren!
1t being shown, therefore, that all Indian
tribes accumulate heavy debts, and ordinarily
liqudatc them when they make treaties with
government there is no occasion for holy hor-
ror that these Indians should have made heavy
debts in long series of years. nor anything
surprising that by stipulation they should be
cancelled.
But did the Indians understand that the sum
set apart in the LIST clause of the 4th article
to wit the S275, ,000-was mainly for the pur-
pose of ,riping out their debts ? most unqucs-
tonably! The Rev. S. r. Riggs, and AleXan-
der Farribault, Esq, who on that occasion were
Interpreters for government, will both bear
witness to this. The intent to pay their debts
being borne on the face Of the treaty, it was
clearly so explained by these gentlemen and
that the Indians comprehendcd this, fully, will
lkwisc appear from an examination of the de-
bates between the Chiefs and Commissioners,
as reported in Mr.. lie Duc's Year Book But
We need not dwell on this point However the
validity OF other documents may have been
questioned, no one has yet assailed the treaty.
as not fairly made, nor that any provision in
it W3- not explained to the Indians in the most
! satisfactory manner.
4 That being proved. therefore, which is also
prima facie,-that both Indians and L. s. Com
missioners hno"ingiy set aside this money for
certain purpose explained in the treaty-does
t it not inevitably follow. that neither had any
power over it, to wrcst it from being applied to
that purposcs Congress even could not pre-
, vent its being so applied for along with the
; Constitution treaty is the supreme law of
the land :" and any laws of Congress conflicting
with its intent and meaning, must fall before
it. The "intent and meaning" of the lst clause
OF the 4th article Of this treaty was. that the
present just engagements of the Indians
should be met, or in other words that their then
just debts should be paid; and we accordingly
have taken the broad position, the Indians had
no right tohaterer to enjoy or receire any bene-
fit from this money, except only in the way
designated by the terms of the treaty.
1t is true, that ito the chiefs in open council
hereafter is reserved a limited directory pow
er as to the manner in which the money shall
he paid, so as best to carry out the purpose for
which it was appropriated. But beyond this it
is evident the Indians had no rights in it any
more than they would have to insist upon the
$4,000 annual School Fund being diverted to
buy guns, or that the Sl2 900 Civilization Fund
should be handed over to honest and veracous
: NJ. Sweetser, 'during the term of his natural
life" The words of the law, in all these in
stances. control the distribution of the respect
i've funds.
reserved - to the chiefs" &c. Have they ever
, exercised it! Have they in open council made
, a request as to the manner in which the fund
: should be applied in liquidation of their debts
We answer they have twice done so-and have
: consequently exhausted all their limited rights
in the premises.
First on the same day the treaty was signed
| tI,oo
edged that their people owed certain traders
: who are named, debts to q large amount. and
Y they 'request' that $4,000 shall be paid to
their creditors in several specified proportions
that their halfbrecds should receive $4,000
c and that $4,000 should be reserved for theil
n removal and subsistence for one year.
!, Second, az if to cover all defects which idle
l. clamor and designing rogucry had alleged tt
exist in this first 'request," the chiefs again il
n September last, in open council at St. Paul, a
d Mr.. Rice's store, in the presence of Agent NJ
Lean, Henry N. Rice, and two interpreters
o sign and seal an instrument Of writing in which
e after rcciting the language of the treaty, they
n express their entire confidence in Alex Ram
y scy, and empower him to go on to Washington
, and receive and receipt for their money, par
y ticularly for the s275, 900 fund and the docu
d mcnt then proceeds as follows:
: "And we also authorize, empower and re-
o quest him, (the said Alexander Ramsey.) to do
y or cause to be done. all the acts contaminated
, by the said 4th article for and by us to be done
l. to appropriate the said money in accordonc,
&c NTH, and for the purpose of carrying om Mt
n equitable and t'ue intent thereof; all such act:
. when done to be final and binding upon us. and
= to have the same force and effect as if done by
c us.
S ''And VIC do hereby revoke and annul all for
t n!cr or other Po,ccrs Of Attorney executed OF
given by us with reference TO the recent or COL
lection Of the said sum of money or any par.
: thereof
The foregoing document, the validity OF
which is undisputed and indisputable, is not
merely power of attorncy-it is great deal