The Kansas herald of freedom., 1858-07-31
Diseell ellapeous.
Important Decision.

GllPortdHl OeCISfon.
By THE SECRETARY OF THE INTERIOR
SITE OF SUPERIOR CITY, wIs.-PRE. EMP
TI0S OF TOWN SITES.
Tle decision which we give below, is
one OF the most important, in reference to
pre-emption claims, which have ever been
made. 1t involves the interests of many
thousands of persons who have participat-
ed in the Superior City speculation. Ii
will be seen that the Secretary of the In
terror decides that neither the "half.
bloods," who claimed to have been the
flrst settlers, nor the present proprietors,' y
who selected the town site and placed i'm
Iroyements thereon, are entitled to the
land upon which Superior City now stands.
By this decision, the land is subject to the
ordinary mode of pre-emption
DEPARTMENT OF THE INTERIoR,)
June 26, 1858.
SIR:-l hereby return the papers which
we're submitted to this department by voul
letter of the 18th of February last, per-
tanning to the case involving the conflict
ing pre-emption claims of the alleged pro-
prietors of Superior City, claiming the
right to enter fractional section 13 and
portion of fractional section "a, town
ship 49, north of range II west, in Fond
du Lac (Wisconsin) district, under the
act of the 23l of MAY, 1914, which is con-
tested by Charles Brisset, Antoine War
ren, Besil Dennis and Vincent Rov, ir.,
within whose entries under the act of Sep
tember 4, 1S41. the said land is included.
The said parties-Brisset, Warren, Den
Ms and ROy-are persons of the class or
description known as mixed blOods of the
Chippewa Indians, of Lake Superior. By
article fourth, of the treaty with the Chip
pewa Indians, dated August 9, 1917, it
Is stipulated that "the half or mixed
eloods of the Chippewas residing with
them, shall be considered Chippewa Indi-
ans, and shall. as such, be allowed to par
ueip'te IN all the annuities hereafter paid
tothe Ghippewas of Mississippi and Lake
Superior, due them by this treaty, and by
treaties heretofore made and ratified
BY the seventh clause of the second ar
te.e of the treaty with the Chippewa In
dams of Lake Superior, dated on the 30th
Of September, 1854, it is stipulated that
each head of family or single person
over twenty one years of age at the pres.
ent time, of the mixed bloods belonging
to the Chippewas of Lake Superior, shall
be entitled to eighty acres of land. to be
Seleered by them under the direction OF
the President, and which shall be secured
to them by patent in the usual FORM"
That these claimants, under the act of
lS4l, are of the class comprehended with
the terms of said last-quoted clause, is OBJ,
vious and indisputable.
In addition TO the testimony of wit
heSSes with regard to the facts that the
names of the claimants are on the pay
Nli OF the Indians. and tat they receive
@analties at the time different payments
aaa distributions are made, it appears by
the certificates of the Second Auditor of
the Treasurer filed in this case, that their
names were on the half breed list follow
ing the annuity list of the Chippewa In
a'ans OF Lake Superior, and the payments
- them are attested by witnesses who GER
tuF' Under date of the 18th of Septem-
yer 1ooo, that the signatures or marks of
'ae several Indians and mixed bloods, were
afiAed to the receipt roll in the presence
Vi said witnesses.
me name of each of said pre-emption
s,ansnlS, appears in the list of persons
.Isi'ed to claim land under the seventh
ISa Issuse OF article. second in the treaty of
1 received in the General Land Office
MN the Commissioner of Indian Affairs.
1,p pel''s thus entitled, by reason of their
n-a n-aiah Character, to certain rights and
P,neses .s conferred to them by treaty,
- a"'lng to some extent derived the
,ba'Au 's and advantages secured to them
10y, 10y, am disposed to regard the claim
e.. they now assert TO the right of pre-
,Paoh, -. as citizens of the United States,
RI. u any any special favor or consideration
sbon t,ese parties have entirely failed to
nrOv.S Sua' they have settled upon and i'm
fai,b 'G 'he land claimed by them in good
f.c.a ,o' tnelr own use and benefit. The
ind;. uiSciosed by the evidence on file,
tbsn beyond reasonable doubt, that
wss. were the employees of others, under
'nsy were acting.
tba view OF the facts hereinbefnre stated,
CT rl'eInptlon entries of the said parties,
De- nr,sset, Antoine Warren, Basil
ansI sII's. aud Vincent Roy, jr., are invalid,
eelioi hereby direct that the same be can
AN rae act of 2Sd of May, 1874, entitled
an, as' q Ter the relief of citizens OF towns
a.. Sou 'ne lands Of the United States. un-
the ssain .'ain circumstances" provides fol
mK,;a ,;n',y OF any portion of the surveyed
ss,,io, nc land which has been or may be
IT, Tsa upon and occupied as a town site
y '.'ie, as well as the werds EMPLOYED