The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-09-12
MASSACRE OF 1862
INDIAN CLAIMS FOR An
NUITIES
WERE UPPER BANDS" IN IT?
WahpetOns and SissetOns Want
Three Millions Withheld by
GOvernmet Because of
Indian Uprising.

States marshal who bears the scars of
seven wounds received in twenty two
battles, told yesterday, in Minneapolis.
the exciting story of the Sioux massacre
of g.
He told it under OATH and every word
he uttered was recorded, for his state
ment is testimony for the United States
government in answer to the claims of
Sisseton and Wahpeton Indians against
the government aggregating about So, 000
coo.
The claim is for annuties withheld by
the government from the Indians for the
past thirty-eight years because of their
alleged participation in the Indian re-
volt and uprising of 1862.
The government is represented by
George NJ. Anderson, special attorney of
the department of justice, ana the In
dian claimants by George S. Chase The
testimony was taken before United States
Commissioner ]. F. Bishop, of st. l'aul,
who certifies it to the United States court
of claims at Washington.
The only witnesses examined yesterday
were Col Sheehan, who was in command
of Fort Ridgely at the time of the mas
sacre, and Capt. John Van der Hork, of
Minneapolis, who commanded the forces
at Fort Abercrombie, Dakota. during this
memorable summer.
TREATY OF 1851.
The claim of the Indians, as explained
by their counsel, Mr.. Chase, is founded
on the treaty of Traverse 3es Sioux, i'll
1851, whereby the United States govern
ment agreed to pay the Indians for some
II, 100000 acres of land il the garden of
Minnesota an annuity of $73.6O0 for a Pc
riod of fifty years. ----.--~
Twelve payments had been made when
the outbreak of 1862 occurred. In Feb
ruary, 1863, congress. passed a special
act, stopping the payment Of these an
nuities. Since then the Indians nave re-
ceiVed nothing.
The Indians whose cl4kns congress
has referred to the court of claims are
those who constitute the Upper Bands, -
or their descendants. These Upper
Bands consisted of the Sissetons and
Wahpetons living together as one band
and under separate treaty relations.
They declare that they did n)r partIci-
pate in the uprising, and therefore de-
mand the payment of the annuIties with
held by the government.
The lower bands, in whose territory
nearly if not all the fighting took place,
were the Recommendations, who lived to-
gether as one band, having separate
treaties with the United States.
TWO MAIN QUESTIONS.
The two questions to be decided by the
United States court of claims are:
First-As to the extent of the participa-
ton in the hostilities of the members
of the Upper Bands. -,
Second-As to the amount of money
he
are entitled to any.
Special interest attaches to this con-
trCversy between the Indians and the
United States government, not only be-
cause it is SO vitality connected with the
early history of Minnesota, but because
it is the only instance in the history of
the United States in which a forfeiture Of
this kind has been ever attempted by
congress on account of an Indian out
b: eak.
The Sisseton and Wahpeton Indians
deny that they participated in the up
risings of 60, or had anything to do with
the massacre of the whites
Their counsel also contends that the
act of congress FORGETTING their annuities
is in derogation of their treaty rights,
and would be so, even if they had par
ticipated in the outbreak, and that, there
fore, the act is unconstitutional and void
AS stated, the witnesses examined yes
terday were called by the government.
Special Attorney Anderson and Mr.. Chase
have been taking testimony on behalf of
the claimants for about six weeks at the
Sisseton agency and Devils Lake Spe-
cial Attorney Anderson said that as far
as he could tell the government had no
more witnesses to examine in Minneapo-
lis 1t is likely, however, that Mr.. Chase
may secure some testimony here. Judge
Charles E. Flandrau, of ST. Paul, who
was at New Ulm at the time of the
massacre, will probably be questioned to-
day.
SHEEHAN'S GRAPHIC STORY.
Col Sheehan was on the witness stand
for three hours and more yesterday. He
gave his direct testimony in the forenoon.
and was cross-examined by Mr.. Chase
from 1 p. m. to 2:30.