Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-17
CLAIM TO MILLIONS
Indians Interested in a Bill Before
Congress.
RIGHT 10 UNCEDED LANDS INVOLVED
Ground Now Occupied by the City
Of Chicago.
ACTION OF DEPARTMENTS

Bills 'to quiet title are not an unusual
form of congressional legislation, and are
frequently found upon the calendar if not
often acted upon, but recent measure of
this character is unique in many ways.
Its title is Granting jurisdiction and
thority to the Court of Claims in the claim
of the Pottawatomie tribe of Indians in and
to unceded lands in Illinois and elsewhere.
and also to hunting, camping and fishing
privileges reserved to said Indians under
treaty stipulations."
The meat in this bill is that the "unced-
ed" lands referred to take in the whole shore
line of Lake Michigan now occupied by
the city of Chicago and covered with build
ings and vast industries. This "unceded
territory also includes some one-time is
lands in Lake Michigan but now a part of
the mainland through accretions and de-
posts of soil. The War Department. first
appealed to to clear the lands, through he
Secretary, says that until all other meth
DDS are exhausted he cannot order out
the militia to dispossess the residents of
the territory in dispute.
The Secretary of the Interior has wres-
tied with the question ard declares that his
department has no jurisdiction over the
matter, for the reason that If the Indian
title has never been extinEuished the land
is not public land. and the land office
would have no jurisdiction over the same.
If, on the other hand, the land has been
treated public land and disposed Of this
Office would have no further jurisdiction
over the same, and suggests reference of
the matter to the Indian department The
commissioner of Indian affairs says that
the matter IS one for the courts to ad-
judicate, and acknowledges that these In
dams have not had all their rights The
matter has at last been laid before the
which is considering the bill with the prob
ability that the matter will be sent to the
Court of Claims for final settlement.
Romantic Story.
The story of how this territory comes to
be claimed by the Pottawatomies is as ro-
mantle as one of Coopers tales, and not
shade less interesting. Two subjects of
Great Britain, Miss Chapman and Mr.
Freeman Lane, are interested in the lands,
and they have a right to invoke the aid
of the United States courts. and in thor
claims will be aided, to such extent as
necessary to protect British subjects, by
Lord Pauncefote
The Indians claiming title to the lands
referred to are members Of Po-ka-gon's
band OF the Pottawatomes. with the Chip
peWas and OttdWas united under the gen.
eral head of the "Pottawatomie nation'
The Indian tribes of North America origi-
nally claimed title as sovereign and abso-
lutte proprietors of the land of the North
American continent Their possession was
recognized to some extent by the early set
tiers and the government, though the gov
eminent deemed 1t right belonging ex-
clusively to it in it's sovereign capacity to
extlnguish Indian title and to perfect Its
own dominion over the soil and dispose of
1t as 1t saw fit. The Indians were permit
ted to possess present right Of occupancy
or use in the soil, with a legal as well as a
Just claim to retain possession of 1t. and TO
use it according to their own discretion
permitted exercise ilrhf of
sovereignty over it. They might sell or
transfer 1t to the government but they
We're denied authority to dispose Of IT to
any other person.
Notwithstanding this right of occupancy
the original discoveries claimed and exer-
cised the right to grant the soil while vet
In the possession of the natives, subject
however, to their right of occupancy and
the title so granted was admitted to convey
a sufficient title.
The First LeSfsIntion
The first Indian legislation began when
the Articles of Confederation declared that
the states could combine for mutual well
fare and protection, to assist each other
against all force offered to or attacks made
upon them on any account whatever This
article is the foundation for all laws Great
ing the Indian department, and there was
a commissioner of Indian affairs as early
as 1775, who literally had his hands full,
one of his duties was to prepare all the
titaticS with tHe lHuldnS. lie was Kent
busy, for the principal amusement of the
day seems to have been to break these
treaties, neither the Indians nor their white
brethren placing much confidence in them
The continual outbreaks and massacres
finally forced the United States to submit
to a compromise and to define boundaries
of lands or reservations for the Indians,
and to secure free passage by land and
water through this Indian country and to
establish military posts to keep the red ma
tons in subsection.
In 1885 the Indians met in tribes at Green
vile and relnquished to the United States
all claim to the lands they had hitherto
held toward the east for lands further
west. In return the United States agreed
that, ITO prevent any misunderstanding
about the Indian lands relinqushed by the
United States, it is now explicitly declared
that the meaning of that REIMBURSEMENT
is this: The Indian tribes which have
right to those lands are quietly to enioy
them hunting, fishing. planting and dwell
ing thereon as long they please without
molestation from the United States. But
when these tribes or any of them shall he
disposed to sell their lands or any part of
them, they to be sold only to the
United states, and until such sale the
United States will protect all the said In
dian tribes in the quiet enjoyment of their
lands against all citizens of the United
States, and against all other white per
sons who intrude upon the same. and the
said Indian tribes again acknowledge them
selves to be under the protection of the
United States and under no other power"
Claims ReIinquished.
In consideration Of the treaty made with
the Indians at that time, the United States
relinquished claim ito all other Indian lands
northward of the Ohio river and eastward
of the Mississippi and westward and south
ward of the Great lakes and the waters
uniting them, according to the boundary
line agreed upon by the United States and
the King of Great Britain In the treaty of
peace made between them in 1888"
n no wa Of bio II,
was, Pottawatomies and some of the Wy
andottes were associated with Great Brit
ain against the United States, but In the
treaty Of 1915 these Indians were restored
to all their rights and privileges enjoyed by
them In 1871, before they went Off with
Great Britain. and to these three tribes
named. the United States ceded a LOT NJ
land which is described by metes and
bounds, and includes the territory on which
Chicago now stands. as well as the waters
of the lakes, and provided that the said
tribes shall be permitted to hunt and fish
within the limits Of the land hereby reIin
frpttc had and lad