The Tomahawk., 1904-01-15
ture could not be anticipated or
enforced.

The act OF February 8, 1885,,
Sec. 1, authorizing allotments OF
100, 50 and 10 acres, expressly
says, s'That where the treaty or
act of Congress setting apart such
reservation provides for the al
letmcnt of lands in severalty in
quantities in excess of those here
in provided, the President, in maxi
ing allotments upon such reserva-
tion. shall alot the lands to each
Individual Indian belonging there
on, in quantity as specified in such
treaty or act which is cotirmatory
Iof the position taken by the Chip
pcwa Commission,
The Chippewas of the Missis-
sippi, at the time of the making OF
the treaty of 1867 understood that
not only each individual WAS
ENTITLED TO 100 ACRES in
SEVERALTY, but in the tribal
relations to whatever might re-
main of the thjrty-siX townships
which they had purchased from
The United States.
The treaty of 1867 and the act
uf 1887 were not affected by the
negotiations, contemplated by the
set of January, 1889, except Civ
Ing permission to other Indians,
having no interest heretofore IN
said reservation, to settle thereon.
During the negotiations the
Commission had no doubts as to
the correctness of the construction
by them given to the treaty of
1867 and the act of 1887 1889, and
with the approval of the President
they believed the case was closed.
There was no doubts as to the
payment Of the 800, 900, and as to
the clause Of the act of January
Il, 1889, providing for the pay
nent of The interest that may ac-
ct.ue on the permanent fund.
The Commission found it neces-
sary to give their construction as
Gd Che intent of the act in which
the Hon. Secretary of the Interior
conceded and the President ap-
proved. and as 10 the first, you
executed the law as interpreted
by the Commission. TO the Presi-
dent. by the act of January a.,
1889, was to be submitted the
proceedings appertalning to the
negotiations, which were submitted
through the Hon, Secretary OF the
interior in full, with the report
and recommendations Of the Com
mission, and after all had been
carefully examined and by the
Secretary indorsed, were approved
by the President, which, in the
minds of the Indians, was conclu-
sive.
The Acts of February 8, 1887
and January IA, 1889, in no way
curtailed the number of acres to
the individual parties, (Missis-
sippis') to the treaty of 1867, as
the quantity of land owned by
t h m was, beyond question,
largely in access of h G If
requirements; but, if h ere
remained not enough to give to
those admitted to participate, by
their acceptance of the act of Jan
uary IA, 1889, viz: 100, 80 and 40
acres each, they were to receive
pro-rata of what remained; but in
no event were the original owners
mississippi to pro-ratc with the
participants.
The promises made to the In
dams were based upon the provi-
sions of the treaty of 1887, upon
tie acts of February 8, 1887 and
of January IA, 1889, and as the
promises made and explanations
given could not have escaped the
attention of the President, after
his approval / supposed the con
struction given and promises made
| were binding, and now see no rea,
son to change the views then en-
tertained.
The Commission intended the.
Indians should understand, by the
representations made, exactly
what they said, viz: that those
party to the treaty of 1867 should
have in severa'ty 100 acres each
that those admitted as partici.
pants in the remaining part of the
reservation should have, under
the act of 1881, 160-s0 and Il
acres, provided there should be