Transcribed and Contributed by Sue Simonich

C L A I M A N T S 

OF THE SAC AND FOX HALF BREED RESERVATION.

 
Gentlemen:

     In attempting to address you on this occasion, it may be well to take at least a cursory view of the principal mooted points, which have contributed to the disquiet the titles, to the Sac and Fox Half Breed Lands; and which still remain to be settled by the operation of law, or by the action of the parties themselves.  In order, therefore, to a thorough understanding of the subject, we will first examine the treaty between the United States and the Sac and Fox tribes of Indians, concluded at Washington city on the 4^th day of August 1824; and secondly, the Act of Congress relinquishing the reversionary interest of the United States in said lands, to said Half Breeds.

      First.  In the last clause of the first article in the treaty above referred to, we fine the following provisions, to wit “It being understood, that the small tract of land lying between the rivers Des Moines and Mississippi, and the section of the above line between the Mississippi and the Des Moines in intended for the use of the half breeds belonging to the Sac and Fox nations, they holding it, however, by the same title, and the same manner, that other Indian titles are held.”  Ratified, 18^th January 1825.  It would seem that the above provision must necessarily be regarded as the foundation and origin of all title which ever can be obtained to this property.  The Congress of the United States have recognized it as the origin of the tenure by which those land must ever be held, as will be seen by the following act, to wit:

     “An Act to relinquish the reversionary interest of the United States in a certain Indian reservation lying between the rivers Mississippi and Des Moines.

      Sec. 1^st  By it enacted by the Senate and House of representative of the United States of America in Congress assembled.  That all the right, title, and interest, which might accrue or revert to the United State to the reservation of land lying between the rivers Des Moines and Mississippi, which was reserved for the use of the half breeds belonging to the Sac s and Fox nations, now used by them, of some of them, under a treaty made and concluded between the  United States, and the Sacs and Fox tribes, or nations of Indians at Washington, on the Fourth day of August, in the year one thousand eight hundred and twenty four, be and the same are hereby relinquished and vested in the said half breeds of the Sacs and fox tribes or nations of Indians, who at the passage of this act, are under the reservation in the said treaty entitled by the Indian title to the same; with full power and authority to transfer their portions thereof, by sale, devise, or descent, according to the laws of the State of Missouri.

                                                                                    June 30 1834  Approved”

      Having now before us the only authoritative documents, which are entitled to our regard, in determining our opinions upon the several questions, which have hitherto distracted the public mind in reference to the rightful ownership of this estate, we will now proceed to examine some of those mooted points, in relevance to the treaty and law, already recited.  And

      First.  The assumption “that this reservation was intended for the exclusive benefit of that class of half breeds who reside among the white people, and who are necessarily precluded any participation in the annuities arising from the sales of other portions of the natural territory; and therefore, that this tract was act apart to them, in lieu of their portion of those annuities,”  has contributed much towards fixing an opinion favorable to the exclusive claims of civilized Half Breeds, as well as extravagant notions in relation to the speculation to be made, by the purchase of those claims.  But should it be admitted, that the above position is in accordance with the original intention of the Sac and Fox deputation at the time of making said treaty, does it follow that this mental design or intention, which is not even hinted, in the remotest manner, in the treaty can be assumed as of sufficient authority to determine this point?  I will here, however, advert to a circumstance which seems to be the issue in point of fact, on this question, viz: several of the identical individuals who composed the Indian deputation at Washington city on the 4^th of August 1824, have, in repeated instances, sworn to and subscribed affidavits, declaring the right of uncivilized half breed to share in this reservation.  Who can convict them of mental equivocation?  And if ever that could be done, can parol testimony to admitted to prove, that both the treaty and act of Congress do not mean what they say?  As the exclusive claims of civilization have been entirely lost sight of, by the framers of the documents now before us we shall be compelled to take this matter as it is, and not as we might with to have it. 

     Secondly.  The next question  which seem to present itself to our consideration _____- other by the treat and act of Congress, those persons among the Sac and fox Indians, who are literally “Half breeds belong to said tribes or nations of Indians,”  but whose composition does not partake of the white man, are entitled to participate in this reservation?

      The treat expressly declares that this property was “intended for the use of the half breeds belonging to the Sac and fox nations,” without any other qualification, as to birth or blood; but under the following expressed condition, to wit: They holding it, however by the same title, and in the same manner that other Indian titles are held.” In accordance with this condition of the treaty, the act of Congress seems to restrict the grant to a certain description of half breeds, not of cast, class, birth or blood, but “Half Breeds, who, at the passage of this act, are under the reservation in the said treaty entitled by the Indian title to the same,” &c.  From this description of the persons to whom Congress relinquished this land, it appears that the essential prerequisite is not that the individuals should be one half white, or that they should be civilized or uncivilized, or that they should be clothed in a blanket, or broad cloth, calico or linen, buffalo or deer skins; but they shall not only be Half Breeds belonging to the Sac and Fox nations, but they shall likewise “at the passage of this act” be “entitled by the Indians title to the same.” Hence those Half Breed who used or occupied this tract in the usual Indian mode of occupying land at the date of the passage of the aforesaid act, would seem to have some claim to priority.  Having now before us three classes of half Breeds, the Sac and fox Indians, some of whom, out of each class were, and some were not, holding this land “in the same manner that other Indian titles are held,” at the passage of the act of Congress aforesaid; the questions therefore, is not whether she was clad in a scarlet blanket, a silk gown or a gingham frock, nor whether he wore boots, shoes or moccasins; but where did he or she reside?

      And did he or she hold any part of this tract in actual or constructive possession, as required by the Treaty at the date of the relinquishment by Congress?

      The Treat not only defines the character of the tenure by which this land should be held, but also the manner of holding it.  Nearly ten years had elapsed, between the date of the treaty and the act of Congress, affording people time to all individuals concerned, to take at least an Indian like possession of this property, it would seem, therefore, that those Half Breeds who did not hold this tract of land “in the same manner that other Indian titles are held” on the 30^th day of June 1834, could not be “entitled by the Indian title to the same.”

       Thirdly.  Many persons whose pinions are entitled to the highest respect, are under a firm conviction, that these Half Breeds of whatever class they may be, who died prior to the relinquishment by Congress while the land was held by Indian tenure, could vest in their heirs, or legal representatives, no estate or interest, by descent, but that such estate passed to the survivors.  There are many other debatable points, which have been, or may hereafter be raised, such for the instance as the following, to wit: 

1^st.  Does not the act of Congress relinquishing these land, contemplate that the Half Breed for whose use it was intended, had taken possession thereof, and were using the same “under the reservation in the said treat?”

2d. Was this tract intended for civilized Half Breeds exclusively?

3d. Was it intended for the use of the uncivilized half breeds exclusively, as they were to hold “it by the same title, and in the same manner that other” uncivilized “Indian titles are held?”

4^th Whether should the civilized or uncivilized Half Breed be regarded as most correctly “belonging to the Sac and Fox nations?”

5^th Was not this reservation intended for the use of all the half breeds of the Sac and Fox nations, independent of all other circumstances?

Impressed with the opinion that this reservation was vested exclusively in the civilized Half breeds, and aware that there were only about forty persons of this class the first purchases were made, in many instances at high prices, and all cases with a view to extensive speculation.  But at it became a matter of increasing interest, it was also subjected to closer examination; which resulted in the present general opinion, that neither the Treaty or the law of Congress have given any preference to civilized Half Breed above others.  Influenced by this view of the subject, the “Blanket claims” (as they have been styled.) have also be brought into market, and purchased up, though generally at reduced prices in the first instance.   Among this class of Half Breed here denominated “blanket claimants,” we have a third cast, viz. such persons as have already been referred to as not partaking of the ways of white men, but being descended from parents of whom only one was Sac or Fox, the other being Ottoway, Pottowattamie, Winnebago, & c. & c.  These are, therefore, half breed belonging to the Sac and Fox nations; and the Chiefs and head men had swore, that they also, are entitled to share in this reservation.  And under a conviction, that there is nothing in the treaty or law of Congress, which precludes them from a participation in this property, their portions or shares have also been purchased, and are now matters of record.  By this process the secret is disclosed, how, and in what manner the original forty claimants have been multiplied, first, to about a hundred, and last to more than ONE HUNDRED AND SIXTY PERSONS.  It is by no means strange that men should adopt those views, which appear most favorable to the pretensions, of that particular class of Half Breeds under whom they claim.  And whilst they regard themselves as the fortunate few, who are to acquire by this enterprise an immense fortune, they have often deemed it necessary to invalidate and decry the pretensions of others.  

     Fourthly.  We will now examine the present condition of this estate, in relation to its present and future prospects.  For the last ten years, the timber upon this tract has been esteemed as common booty, and within that time, more that Fifty thousand dollars damage has been sustained by the owners of the property, in the loss of its most valuable timber; and it is to be regretted, that this system of plunder is still increasing – if the present state of things continue, a few years more, this beautiful tract of country will be stripped of all its valuable timber. The ineffectual efforts already made to quiet the titles to this property, has only confirmed public opinion in the absolute uncertainty of ever accomplishing this object.  And distrust among the claimants themselves, has excited a public apprehension, that a compromise will never be effected, and the consequent uncertainty of title, has, both repelled emigrants, and invited trespassers. 

     It has already been suggested, that the difficulties in relation to the ownership of this property, still remain to be settled by the operation of law, or by the section of the action of the parties themselves.  And first, of the operations of law, it would seem that we have had more than enough, already. 

     Many had turned all their hopes of success to the late Act of Wisconsin legislature, believing that if the provisions of that law could be carried into effect, the numerous vexed questions which had long disturbed the titles to this estate, would be fairly and finally settled.  The valid claimants ascertained, and the land partitioned amongst them or sold, and the proceeds divided under the direction of the district Court.  But how disappointed have been the expectations, of even the warmest friends to this measure.  Every step that was taken, to carry out the provisions of that law, was obstructed by accumulating obstacles.  It was urged that the legislature had no right to interfere – That the Judiciary of the Territory had exclusive, and sole jurisdiction of not only making up a judgment upon all those points of controversy, but likewise the exclusive right of superintending the progress of every minutiae, in the course of these investigations.  Together with many other objections, which it is useless to enumerate.  This law therefore being unavailing not from any real defect therein, but from the squeamishness of some, who were charged with its administration, it was thought best to repeal it, which has been done accordingly, by the late legislative assembly of Iowa Territory.  We are now told that the late legislature of Iowa, have enacted another law, under the title of a general partition law, which is intended to afford the desired relief.  So far as I am capable of judging, it is infinitely inferior, to the one repealed, and possesses no adaptation whatever to the case in question, unless the presumption can be established; that the owners of the Half Breed Lands, are Infants, idiots, and Lunatics, and in that event the law is a good one, provided the friends of the non-compas,* are pleased with the judge of the District Court, in his super-added relation as Guardian. 

     I am fully persuaded that if any law not existing in the Territory, or any law hereafter to be enacted, with every possible fitness to the subject, was attempted, to enforce the adjustment of the present difficulties it would result in consuming more than the whole estate is worth, in Court charges, Attorney’s fees,  &c. &c.  Many who had commenced their legal career, with the strongest probabilities of success, would be disappointed; while others, who were almost despairing at the outset, would find themselves to be the successful party, but not until they have paid well, the second time, for their property, or being unable so to do; those who had fought the battle, must take the spoils. 

     We might advert to the lawless character of that extraordinary tax sale, in December last, as evidence, that the existing authorities in this Territory, do not desire, an adjustment of this matter, advantageous to the present proprietors, but would rather lay the foundation for a new enterprise, in the form of tax-titles.  And if we may be permitted to infer, from the extraordinary character of their recent legislation in other matters; we should not be disappointed if the next legislative assembly, should declare the fee simple to be duly vested, in such tax claimant. 

     It is true that the tax sale alluded to, is unconstitutional, and unlawful, in reference to the very law under which it was pretended to be sold.  But if we are not robbed, It is not because an effort for that purpose has been wanting.  Another cloud is thrown over this, already abstruse affair; and the projectors of this new scheme of speculation, doubtless contemplate security in the density of the cloud, to which this pretended sale is designed to contribute.  And now, after two years legislating what has been accomplished?  Instead of relief from our former troubles; our embarrassments have been increased, and our property rendered almost worthless.  Shall we suffer ourselves any longer to be thus inveigled, by the fallacious protections of those, who, while they affect to assist us, will ride our pockets, and run away with the spoils? Or shall we abandon those golden notions which were conceived at an early period in the history of this operation; and acting generously towards each other, make such reasonable concessions to one another, as may at least afford an indemnity to all?  When we reflect on the almost endless appeals which, inevitably, will be taken from one court to another; and the reversed decisions which may be anticipated with certainty: who that wishes to realize even a dollar, from his investments in this property, can, for a moment hesitate, between, the operations of law and the compromising action of the parties themselves?  Should we however, continue, to entertain such overweening notions of our own exclusive pretensions, as to reject the proposed compromise, we must not be disappointed if we should entail to our posterity, a fruitful source, of law suits and ruin.  In conclusion, we will next enquire what the parties can do for themselves. 

     Fifthly.  Surrounded as this affair has been, with each a mass of accumulated embarrassments, I should long since, have abandoned it, as a hopeless case, but I have always been accustomed to confide in the people themselves: and I still believe that they will act prudently and wisely, as soon as they can act understandingly.  The first step necessarily to be taken, in order to affect a union, and concert of action among the whole body of claimants; will be for those who have hitherto regarded themselves, as exclusive owners of this property to pare down, their extravagant expectations; and abandoning these golden dreams, act justly and generously, toward those claimants, whose pretensions they have been disposed to disallow. A union upon equitable terms, to all the parties interested may be regarded as advantageous, as much to one class of claimants as to another.  But it is urged by some, that by this plan, of admitting the claims of all who have a fair appearance of title, upon the public records, we shall greatly diminish the quantity of land, to which each individual will be entitled. This is true; but it is an easy matter to determine, who are the losers?  If we can readily ascertain this point, our object is already attained, we need proceed no further.   This question would again involve, the reconsideration of the entire subject; and leave us where we began.  If indeed, the quantity of land to which each individual may be entitled, should be hereby diminished; it is equally true that this disadvantage will be more than counterbalanced, by the increased value of the property, arising from the security of the titles and the severalty of the ownership.  This property has never been esteemed as valuable, at any other period of its history as it was in the summer of 1837; when an effort, similar in its general character to the one now contemplated was attempted, and might have succeeded, had it been incumbered with fewer heads and less jealousy.  I hope to be excused, for saying, that I have always attributed the failure of that effort, in a great measure, to the circumstance of having committed the management of these affairs, to persons unacquainted with the local difficulties, which incumbered the subject.  And those gentlemen with whom I endeavored to act, at that time, will do me the justice, to say, that it was with extreme reluctance, that I relinquished the scheme of a compromise, for a resort to legislation.  This property has been rapidly depreciating in value, during the last two years; hence the interests of all the parties concerned, as well as the peace of society, and prosperity of that valuable section of the Territory, require that these causes of disquietude should be speedily and efficiently removed.  And to this end, a respectable proportion of the persons interested, have already agreed to associate themselves; and through the agency, of one or more, general grantees, to effect a partition, but sale or otherwise, of  so much of the land as the parties so united, may seem, from the public records, to be entitled; assuming that there are one hundred and sixty original claimants, to one hundred and nineteen thousand acres of land, to be equally divided, quantity and quality, relatively considered.  All persons therefore, claiming interest in this property are respectfully invited to call at the office of the subscriber in Montrose, Lee County, I. T. at as early a day as may be convenient, for the purpose of adopting such measures, as may be thought most advisable to secure the interest of all the parties concerned. 

                                                                        I am gentlemen, very respectfully &c.

                                                                                                I. GALLAND 

*Non compos mentis – law – Not of sound mind and hence not legally responsible.

The foregoing was transcribed by Sue Simonich from a digital copy online at the

Library of Congress web site titled –  
An American Time Capsule – Three Centuries of Broadsides and Other Printed Ephemera

Catalogued under: Claimants of the Sac and Fox half breed reservation.
[Montrose, Iowa Territory 184-?].  Galland, I.  CREATED/PUBLISHED Montrose, 1840.

NOTES
Public lands.; Imprint 2.

Printed Ephemera Collection; Portfolio 19, Folder 36.

SUBJECTS
Leaflets--Iowa--Montrose
United States--Iowa--Montrose.

MEDIUM
2 p.; 24.5 x 20 cm.

CALL NUMBER
Portfolio 19, Folder 36

PART OF
Broadsides, leaflets, and pamphlets from America and Europe

DIGITAL ID
rbpe 01903600 http://hdl.loc.gov/loc.rbc/rbpe.01903600