Commissioners were accordingly sent to treat with the Indians owning these desired lands. In the instructions given to these commissioners there are some notable sentences: "Though the proposed purchase is estimated to contain some twenty millions of acres, and some of it no doubt of excellent quality," there are "sound reasons why it is comparatively valueless to the Indians, and a large price should not be paid for it." Alive to the apparent absurdity of the statement that lands which are "absolutely necessary" for white farmers are "comparatively valueless" to Indians whom the Government is theoretically making every effort to train into farmers, and who have for the last ten years made appreciable progress in that direction, the commissioner adds, "With respect to its being valuable to the United States, it is more so for the purpose of making room for our emigrating citizens than for any other; and only a small part of it is now actually necessary for that object. *** The extent of the proposed cession should be no criterion of the amount that should be paid for it. On a full consideration of the whole matter, it is the opinion of this office that from two to two and a half cents an acre would be an ample equivalent for it." Some discretion is left to the commissioners as to giving more than this if the Indians are "not satisfied;" but any such increase of price must be "based on such evidence and information as shall fully satisfy the President and Senate."[[22]]
Reading farther on in these instructions, we come at last to the real secret of this apparent niggardliness on the part of the Government. It is not selfishness at all; it is the purest of philanthropy. The Government has all along been suffering in mind from two conflicting desires—"the desire to give these Indians an equivalent for their possessions," and, on the other hand, "the well-ascertained fact that no greater curse can be inflicted on a tribe so little civilized as the Sioux than to have large sums of money coming to them as annuities." *** On the whole, the commissioner says that we are called on, "as a matter of humanity and duty toward this helpless race, to make every exertion in our power not to place much money at their discretion." The Government is beginning very well in this direction, it must be admitted, when it proposes to pay for Mississippi Valley lands in Minnesota only two and a half cents per acre. "Humanity and duty" allied could hardly do more at one stroke than that.
We cannot ascribe to the same philanthropy, however, the withholding from 1837 to 1850 the $3000 a year which the treaty of 1837 provided should be expended "annually" as the President might direct, and which was not expended at all, because President after President directed that it should be applied to educational purposes; and there being no evident and easy way of expending it in that manner, it was allowed to accumulate, until in 1850 it amounted, according to the report of Governor Ramsey, of Minnesota, to $50,000. The governor also thinks better than the United States Government does of the country to be relinquished this year by the Sioux. He says that it will be "settled with great rapidity, possessing as it does from its situation considerable prospective commercial as well as agricultural advantages." It was evidently very cheap at two and a half cents an acre.
In this same code of instructions by the Indian Bureau there is a record of another instance of the Government's disregard of treaty stipulations. At the time of the treaty of Prairie du Chien, in 1850, the Sioux chiefs had requested that a certain tract be set apart and bestowed upon the half-breeds of their nation. This was provided for in the ninth Article of that treaty; but the Government refused to give to the half-breeds any title to this land, except "in the same manner as other Indian titles are held." It was agreed, however, that the President might "assign to any of said half-breeds, to be held by him or them in fee-simple, any portion of said tract not exceeding a section of six hundred and forty acres to an individual." This tract of land was known as the "Half-breed Reservation on Lake Tepin."
The half-breeds had made almost unintermitting efforts to have these assignments made, but the Government had as constantly refused to do it. The Indian Bureau now assigns two reasons why this treaty stipulation was never fulfilled: 1st, that "the half-breeds, or most of them, would be speculated upon by designing persons, and cheated out of their reservations;" 2d, that, "on account of the quality of the lands, some would necessarily have much better reservations than others, which would engender dissatisfaction and heart-burning among themselves as well as against the United States." The Bureau felicitates itself that "the only title they now have to this land, therefore, is that by which other Indians hold their lands, viz., the occupant or usufruct right, and this they enjoy by the permission of the United States." Such being the case, and as the Government would probably never find it expedient and advisable to make the assignment referred to, this tract, whatever may be the character of the land, must be and would continue comparatively worthless to them.
Nevertheless, it appears that in 1841 one of the three treaties made with the Sioux, but not ratified, was with these very half-breeds for this same "valueless" tract of 384,000 acres of land; that they were to be paid $200,000 for it, and also to be paid for all the improvements they had made on it; and that the treaty commissioners are still instructed "to allow them for it now whatever sum the commissioners deem it to be" fairly worth; "under no circumstances," however, "to exceed the sum stipulated in 1841." Putting this all into plain English, it simply means that in 1830 the Government promised to let a band of men take out tracts of land in fee-simple, and settle down like other men on their homesteads; that for ten years the men begged to do so, and were refused; that at the end of ten years, thinking there was no hope of anything better, they agreed to sell the whole tract back to the Government for $200,000; that this bargain, also, the Government did not fulfil (the treaties never being ratified), and nine years later was found congratulating itself on the fact that, by reason of all these unfulfilled agreements, the land was still "held only in the same manner as other Indian titles are held"—i.e., not "held" at all—only used on sufferance of the Government, and could be taken possession of at any time at the Government's pleasure. (This matter was supposed to be finally settled in 1854 by a law of Congress; but in 1856 the thing appears to have been still unsettled. A commission had been sent out to investigate it, and the report was that "the subject has been one of some difficulty and intricacy; but the final report of the commissioners has just been received, and steps will be taken at once to cause the scrip to issue to the parties entitled thereto.")
A little farther on in this same notable document is a mention of another tract, of which it is now "desirable to extinguish the title." This was set apart by the tenth Article of that same old treaty for the half-breeds of the Omahas, Otoes, Iowas, and Yankton and Santee Sioux. This contains about 143,000 acres, but is "supposed to be of much less value than that on Lake Tepin much less value than 'valueless;'" but the "amount to be paid for it is left to the discretion" of the commissioners.
At this time the bands of the Medewakanton Sioux were occupying a tract of over two hundred miles along the west shore of the Mississippi, reaching also some twenty-five miles up the St. Peter's. The Yanktons, Santees, and other bands lived high up the St. Peter's, reaching over into the lands west of the Missouri, out of reach of ordinary facilities of intercourse. These bands were often in great distress for food, owing to the failure of the buffalo. They never lost an occasion to send imploring messages to the Great Father, urging him to help them. They particularly ask for hoes, that they may plant corn. In his report for 1850 the superintendent of the territory embracing these Indians says: "The views of most of those who have lived the longest among the Indians agree in one respect—that is, that no great or beneficial change can take place in their condition until the General Government has made them amenable to local laws—laws which will punish the evil-disposed, and secure the industrious in their property and individual rights."
Superintendents, agents, commissioners, secretaries, all reiteratedly recommending this one simple and necessary step toward civilization—the Indians themselves by hundreds imploring for titles to their farms, or at least "hoes"—why did the United States Government keep on and on in its obstinate way, feeding the Indian in gross and reckless improvidence with one hand, plundering him with the other, and holding him steadily down at the level of his own barbarism? Nay, forcing him below it by the newly added vices of gambling and drunkenness, and yet all the while boasting of its desire to enlighten, instruct, and civilize him. It is as inexplicable as it is infamous: a phenomenal thing in the history of the world.
In the summer of 1851 the desired treaties were made, the upper and lower bands of Sioux being treated with separately at Traverse de Sioux and at Mendota. The upper bands were soon disposed of, though "some few of them, having been taught to read," had become impressed with the idea that their country was of immense value, and at first demanded six million dollars for the lands to be ceded. The treaty with the lower bands—the Medawakantons and Wahpacootas—was "exceedingly difficult of attainment" on account of, firstly, "their proximity to the flourishing settlements on the east side of the Mississippi producing necessarily frequent contact with the whites, whose ideas of the great value of the country had been imparted to these Indians; secondly, their great experience in Indian diplomacy, being in the enjoyment already of liberal annuities under former stipulations"—all these things rendered them as "indifferent to the making of another treaty at present as the whites on their borders were anxious that their lands should be acquired." In consequence of this indomitable common-sense on the part of the Indians the sessions of the commissioners were tedious and long; not until a month had passed did they prevail on these Indians to sign away the coveted lands, "the garden-spot of the Mississippi Valley," and they were obliged to more than treble the number of cents per acre which they had been instructed to pay. For thirty-five millions of acres of land they agreed to pay nominally $3,075,000, which would be between eight and nine cents an acre. But as $2,500,000 was to be held in trust, and only the interest at five per cent, to be paid to the Indians, and this only for the term of fifty years, at which time the principal was to revert to the Government, it will be easily reckoned that the Indians would receive, all told, only about six and one-quarter cents an acre. And taking into account the great value of the relinquished lands, and the price the Government would undoubtedly obtain for them, it will be readily conceded that Governor Ramsey was not too sanguine when he stated, in his report to the Interior Department, that the "actual cost to the Government of this magnificent purchase is only the sum paid in hand" ($575,000).