Old Crossing Treaty Commemorated

Red Lake Remembers 150 Year-Old Treaty with US

Michael Meuers | Nov 22, 20130

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"The state has a history, we and Pembina do as well. Red Lake wants to tell the story from our perspective."

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U of M Professor and Red Lake member Brenda Child was the key note speaker.

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Land ceded in the 1863 treaty at Old Crossing

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Pembina Band Flag

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A good crowd stood for a drum song

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Students would not be counted absent if the attended

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Marking at Old Crossing Treaty Park

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Fall colors were brilliant

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The commemoration was well-attended

"The state has a history, we and Pembina do as well. Red Lake wants to tell the story from our perspective. We need to raise the level of discourse on this subject. We want to educate our people but also the citizens of Minnesota and the United States on what we gave." ~Floyd Jourdain, Jr., Chairman, Red Lake Nation

Parking spots were in short supply at the Red Lake Humanities Center on Wednesday, October 2, 2013. Here, Red Lake members, students, and friends from neighboring tribes and non-Indian communities, gathered in commemoration of the 150th Anniversary of the Treaty at Old Crossing.

A ceremony featuring special guests, and a feast began at 11 a.m. Later, many of those assembled would travel to the site of the Old Crossing treaty near Huot, MN, where the commemoration would continue at approximately 4 p.m.

The Center was near capacity as all tribal employees who would participate could take leave with pay, and school children were allowed to participate without being counted absent.

Council Declares Old Crossing Treaty Day

The Red Lake tribal council voted unanimously on September 10,2013, to establish a Red Lake Nation tribal holiday, "Old Crossing Treaty Day," to commemorate the only treaty between the United States and Red Lake Nation. The treaty was signed 150 years ago on October 2, 1863.

The holiday will not only recognize the contributions of the Red Lake Band of Chippewa Indians to the United States, but will also promote awareness of the history of Red Lake Nation. One of the critical aspects of Resolution No. 140-13 is to create an awareness of the history of the Red Lake People (to include the Old Crossing Treaty of 1863, the 1889 agreement and the 1902 agreement) each year on October 2. The Nation's educational institutions will be encouraged to participate in activities of their own choice.

The Resolution States:

"Therefore be it resolved, the Red Lake Tribal Council hereby proclaim that October 2nd will be a Red Lake Nation holiday 'Old Crossing Treaty Day' recognizing our contributions to the United States of America and honoring our leaders for their courage and sacrifices for the people of the Red Lake Nation."

At the Humanities Center, Red Lake, MN

Red Lake Chairman Floyd Jourdain, Jr., made welcome all those gathered after an invocation by Spiritual Advisor Eugene Stillday and a drum song. Miskwaanakwad (Stillday) thanked Mother Earth, and reminded all "we are not protecting her like we should." He expressed gratefulness for "the sun and all the stars, and critters of the earth."

"One hundred fifty years ago on October 2, 1863, the Pembina and Red Lake Bands of Ojibwe signed a treaty with the United States contributing 11 million acres of pristine agriculture land and forests to the United States," began Jourdain. "We don't understand pressure in the same way as our ancestors did negotiating the treaty at Old Crossing. Look what we gifted! Yet it seems that some want more, they want to fish our lake and share in our gaming. Haven't we given enough?"

Today, Red Lake Nation would pay tribute to their chiefs and leaders, who under great duress, negotiated Red Lake's only treaty with the United States. "We must keep in our hearts and in our minds that we come from good people," Jourdain declared.

Jourdain then acknowledged Fabian Strong...among many other contributing members and chiefs...as "the spark" for the tribal council proclaiming the new tribal holiday. Strong did not want the upcoming sesquicentennial to go unnoticed. Jourdain said Strong brought up the topic repeatedly, until a resolution established October 2, 2013, as the first Old Crossing Treaty Day. Strong was presented with a quilt in honor of his perseverance and determination.

Brenda Child

Professor of American Studies at the University of Minnesota and Red Lake member Brenda Child took the stage. She gave a historic overview of the 1863 treaty and a brief history of Red Lake Nation. Child teaches American Indian history, multiculturalism, and native culture.

"Up until about 1830 Dakota and Ojibwe were the largest political and social body in the Great Lakes region," began Child. "They were so numerous the French referred to them as 'An Infinity of Nations.'"

Child noted that between 1830 and 1860 there was a huge demographic shift. "In 1850 the country conducted it's first census but they did not count Indians who may have made up 85% of the population," said Child. "In 1863 Minnesota was the fastest growing region in the US. In just a few short years, Indians were outnumbered in their own land."

The time of treaties was one of terrible violence

"In 1862 things were not going well for Minnesota's Dakota who were not receiving commodities as promised," said Child. "This situation escalated to the now infamous Dakota Conflict which led to 300 Dakota men being sentenced to die by military tribunals. All but 38 were eventually pardoned by President Lincoln, but the 38 were executed at Mankato the day after Christmas in 1862, only nine months before the Old Crossing Treaty."

"This is just some of the stressful conditions that confronted the Red Lake and Pembina Bands that led to 11 million acres being ceded by those bands," said Child. "This was prime agricultural land, it was a great gift to the United States. Eventually a treaty would be signed and the US agreed to a per capita payment over twenty years." Alexander Ramsey, Governor, Indian Agent and US Senator was the main US negotiator.

Treaties are still legally binding

Child, quoting Vine Deloria, famous American Indian author and historian, said, "Indians are different from any other group, our status is different, no other group had treaties, so we are distinguished from other minority groups. We were trading with Europeans long before there was an America, with Spain, France, Netherlands, and England."

"The settlers flowing into Red Lake lands were of a new and foreign culture uninterested in the culture of the land and it's Indigenous peoples," said Child. "This was much different from the French who essentially assimilated with First Nation peoples. The French recognized that all Indigenous peoples have something in common, and that is...we owned the North American Continent."

The Site At Old Crossing

Following a great feast, many traveled to Huot, Minnesota, (near Red Lake Falls) the site of Old Crossing Treaty Memorial Park. At this historic treaty signing site, the commemoration continued.

Driving into the well maintained park, many were surprised to see scores of people gathered, their vehicles spread out much like the Red Lake village may have been 150 years before. A ceremonial drum was placed near a gnarled tree bursting with fall color.

On this good day, perhaps unnoticed by many, was the "crashing" of the event by L'Association Des Francais Du Nord, (The Association of the French of the North) some conceivably descendants of Metis and French Canadians present at the treaty signing. Group members served coffee, cookies and friendship under a small tent to the rear.

Closer to the Red Lake River, a caldron filled with "bullets" cooked slowly over an open fire. "Bullets," I was told, is a Metis dish consisting of big meatballs and half potatoes. A smiling and pleasant Marjorie LaCorssiere insisted that all comers try a bowl. (More on this group in another story)

Locals spoke of a huge Cottonwood tree that stood tall at the site in 1863. It was known as "the letter tree." Travelers would drop letters and/or pick up if they were headed in the direction of the addressee. It survived until just a few years ago when it was damaged by a storm.

Old Crossing got its name from the many Oxcarts that crossed the river here. As many as 1500 ox carts a year loaded down with as much as 500 pounds of goods.

Here, 150 years later, Red Lake tribal councilors, chiefs and members (along with other tribal and local officials, and many local non-Indians) gathered to raise the Red Lake Nation flag. Representatives from Pembina, Spirit Lake and Turtle Mountain joined in the commemoration.

Peppered among the crowd were cameras and notebooks, the event attracting many media outlets including newspapers from Grand Forks, Bemidji, Public TV, and a crew filming for a documentary on treaties.

The Program

At about 4:15 p.m., Chairman Jourdain took the microphone. After introducing the Red Lake Honor Guard, the Red Lake Colors were solemnly raised to the beat of a flag song.

"One hundred fifty years ago today, the Pembina and Red Lake Bands of Ojibwe signed a treaty ceding 11 million acres of land to the federal government," said Jourdain. "It's a bitter pill to swallow, looking back at our own history, but it is also a healing process. We not only want to educate our people, but also the citizens of Minnesota and the United States on what we contributed."

Jourdain was followed with words from John Lerohl, Red Lake County commissioner; Joe Vene, Beltrami County Commissioner, Russell McDonald, Spirit Lake Tribal Chairman, Jesse Peltier representing the Pembina Band, JoAnn Zutz, from Congressman Peterson office, and Randy Kingbird, Ponemah Representative to the Tribal Council

Jourdain took the mic again, requesting a veterans song accompany the lowering of Red Lake Nation's flag. After folding the banner and placing it in the capable hands of Fabian Strong, veterans Earl Fairbanks, John Barrett, Alexander Gillespie, Jim Loud and Eugene StandingCloud danced while Fabian Strong stood silently. His 82-year-old legs wouldn't allow it.

The commemoration ended, the veterans moved into the crowd shaking hands. Soon all had joined in, in friendship and smiles, many straggling, taking time to visit with old and new friends.

Michael Meuers Personal Afterward. "I do not know the full impact of this day, or what the future may hold, but in my view a powerful healing took place at Old Crossing that day."

Treaty of Old Crossing 1863 and 1864 Supplementary

Introduction

By the Treaty of Old Crossing (1863) and the Treaty of Old Crossing (1864), the Pembina and Red Lake bands of the Ojibwe, then known as Chippewa Indians, purportedly ceded to the United States all of their rights to the Red River Valley. The total land area, roughly 127 miles (204 km) wide east to west and 188 miles (303 km) long north to south, consisted of nearly 11,000,000 acres (45,000 km2) of rich prairie land and forests.

These land cessions are known as the Old Crossing Treaty because the primary site of negotiations was the "Old Crossing" of the Red Lake River, now known as Huot, located about 10 miles southwest of Red Lake Falls. This was a river ford and layover resting site normally used by Red River ox carts using the "Pembina" or "Woods" trail,

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INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

Treaty With The Chippewa—Red Lake and Pembina Bands, 1863

Oct. 2, 1863. | 13 Stats., 667.| Ratified Mar. 1, 1864.| Proclaimed May 5, 1864.

Articles of a treaty made and concluded at the Old Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their commissioners, Alexander Ramsey and Ashley C. Morrill, agent for the Chippewa Indians, and the Red Lake and Pembina bands of Chippewas; by their chiefs, head-men, and warriors.

ARTICLE I.

The peace and friendship now existing between the United States and the Red Lake and Pembina bands of Chippewa Indians shall be perpetual.

ARTICLE II.

The said Red Lake and Pembina bands of Chippewa Indians do hereby cede, sell, and convey to the United States all their right, title, and interest in and to all the lands now owned and claimed by them in the State of Minnesota and in the Territory of Dakota within the following described boundaries, to wit: Beginning at the point where the international boundary between the United States and the British possessions intersects the shore of the Lake of the Woods; thence in a direct line southwesterly to the head of Thief River; thence down the main channel of said Thief River to its mouth on the Red Lake River; thence in a southeasterly direction, in a direct line toward the head of Wild Rice River, to the point where such line would intersect the northwestern boundary of a tract ceded to the United States by a treaty concluded at Washington on the 22d day of February, in the year eighteen hundred and fifty-five, with the Mississippi, Pillager, and Lake Winnebigoshish bands of Chippewa Indians; thence along the said boundary-line of the said cession to the mouth of Wild Rice River; thence up the main channel of the Red River to the mouth of the Shayenne; thence up the main channel of the Shayenne River to Poplar Grove; thence in a direct line to the Place of Stumps, otherwise called Lake Chicot; thence in a direct line to the head of the main branch of Salt River; thence in a direct line due north to the point where such line would intersect the international boundary aforesaid; thence eastwardly along said boundary to the place of beginning.

ARTICLE III.

In consideration of the foregoing cession, the United States agree to pay to the said Red Lake and Pembina bands of Chippewa Indians the following sums, to wit: Twenty thousand dollars per annum for twenty years; the said sum to be distributed among the Chippewa Indians of the said bands in equal amounts per capita, and for this purpose an accurate enumeration and enrollment of the members of the respective bands and families shall be made by the officers of the United States: Provided, That so much of this sum as the President of the United States shall direct, not exceeding five thousand dollars per year, may be reserved from the above sum, and applied to agriculture, education, the purchase of goods, powder, lead, &c., for their use, and to such other beneficial purposes, calculated to promote the prosperity and happiness of the said Chippewa Indians, as he may prescribe.

ARTICLE IV.

And in further consideration of the foregoing cession, and of their promise to abstain from such acts in future, the United States agree that the said Red Lake and Pembina bands of Chippewa Indians shall not be held liable to punishment for past offences. And in order to make compensation to the injured parties for the depredations committed by the said Indians on the goods of certain British and American traders at the mouth of Red Lake River, and for exactions forcibly levied by them on the proprietors of the steamboat plying on the Red River, and to enable them to pay their just debts, the United States agree to appropriate the sum of one hundred thousand dollars, it being understood and agreed that the claims of individuals for damages or debt under this article shall be ascertained and audited, in consultation with the chiefs of said bands, by a commissioner or commissioners appointed by the President of the United States; furthermore, the sum of two thousand dollars shall be expended for powder, lead, twine, or such other beneficial purposes as the chiefs may request, to be equitably distributed among the said bands at the first payment: Provided, That no part of the sum of one hundred thousand dollars shall be appropriated or paid to make compensation for damages or for the payment of any debts owing from said Indians until the said commissioner or commissioners shall report each case, with the proofs thereof, to the Secretary of the Interior, to be submitted to Congress, with his opinion thereon, for its action; and that, after such damages and debts shall have been paid, the residue of said sum shall be added to the annuity funds of said Indians, to be divided equally upon said annuities.

ARTICLE V.

To encourage and aid the chiefs of said bands in preserving order and inducing, by their example and advice, the members of their respective bands to adopt the habits and pursuits of civilized life, there shall be paid to each of the said chiefs annually, out of the annuities of the said bands, a sum not exceeding one hundred and fifty dollars, to be determined by their agents according to their respective merits. And for the better promotion of the above objects, a further sum of five hundred dollars shall be paid at the first payment to each of the said chiefs to enable him to build for himself a house. Also, the sum of five thousand dollars shall be appropriated by the United States for cutting out a road from Leach Lake to Red Lake.

ARTICLE VI.

The President shall appoint a board of visitors, to consist of not less than two nor more than three persons, to be selected from such Christian denominations as he may designate, whose duty it shall be to attend at all annuity payments of the said Chippewa Indians, to inspect their field and other improvements, and to report annually thereon on or before the first day of November, and also as to the qualifications and moral deportment of all persons residing upon the reservation under the authority of law; and they shall receive for their services five dollars a day for the time actually employed, and ten cents per mile for travelling expenses: Provided, That no one shall be paid in any one year for more than twenty days' service or for more than three hundred miles' travel.

ARTICLE VII.

The laws of the United States now in force, or that may hereafter be enacted, prohibiting the introduction and sale of spirituous

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liquors in the Indian country, shall be in full force and effect throughout the country hereby ceded, until otherwise directed by Congress or the President of the United States.

ARTICLE VIII.

In further consideration of the foregoing cession, it is hereby agreed that the United States shall grant to each male adult half-breed or mixed-blood who is related by blood to the said Chippewas of the said Red Lake or Pembina bands who has adopted the habits and customs of civilized life, and who is a citizen of the United States, a homestead of one hundred and sixty acres of land, to be selected at his option, within the limits of the tract of country hereby ceded to the United States, on any land not previously occupied by actual settlers or covered by prior grants, the boundaries thereof to be adjusted in conformity with the lines of the official surveys when the same shall be made, and with the laws and regulations of the United States affecting the location and entry of the same: Provided, That no scrip shall be issued under the provisions of this article, and no assignments shall be made of any right, title, or interest at law or in equity until a patent shall issue, and no patent shall be issued until due proof of five years' actual residence and cultivation, as required by the act entitled “An act to secure homesteads on the public domain.”

ARTICLE IX.

Upon the urgent request of the Indians, parties to this treaty, there shall be set apart from the tract hereby ceded a reservation of (640) six hundred and forty acres near the mouth of Thief River for the chief “Moose Dung,” and a like reservation of (640) six hundred and forty acres for the chief “Red Bear,” on the north side of Pembina River.

In witness whereof, the said Alexander Ramsey and Ashley C. Morrill, commissioners on the part of the United States, and the chiefs, headmen, and warriors of the Red Lake and Pembina bands of Chippewa Indians, have hereunto set their hands, at the Old Crossing of Red Lake River, in the State of Minnesota, this second day of October, in the year of our Lord one thousand eight hundred and sixty-three.

Alex. Ramsey,

Ashley C. Morrill,

Commissioners.

Mons-o-mo, his x mark, Moose Dung, Chief of Red Lake.

Kaw-wash-ke-ne-kay, his x mark, Crooked Arm, Chief of Red Lake.

Ase-e-ne-wub, his x mark, Little Rock, Chief of Red Lak(e).

Mis-co-muk-quoh, his x mark, Red Bear, Chief of Pembina.

Ase-anse, his x mark, Little Shell, Chief of Pembina.

Mis-co-co-noy-a, his x mark, Red Rob, Warrior of Red Lake.

Ka-che-un-ish-e-naw-bay, his x mark, The Big Indian, Warrior of Red Lake.

Neo-ki-zhick, his x mark, Four Skies, Warrior of Red Lake.

Nebene-quin-gwa-hawegaw, his x mark, Summer Wolverine, Warrior of Pembina.

Joseph Gornon, his x mark, Warrior of Pembina.

Joseph Montreuil, his x mark, Warrior of Pembina.

Teb-ish-ke-ke-shig, his x mark, Warrior of Pembina.

May-shue-e-yaush, his x mark, Dropping Wind, Head Warrior of Red Lake.

Min-du-wah-wing, his x mark, Berry Hunter, Warrior of Red Lake.

Naw-gaun-e-gwan-abe, his x mark, Leading Feather, Chief of Red Lake.

Signed in presence of—

Paul H. Beaulieu, special interpreter.

Peter Roy,

T. A. Warren, United States interpreter.

J. A. Wheelock, secretary.

Reuben Ottman, secretary.

George A. Camp, major Eighth Regiment Minnesota Volunteers.

William T. Rockwood, Captain Company K, Eighth Regiment Minnesota Volunteers.

P. B. Davy, Captain Company L, First Regiment Minnesota Mounted Rangers.

G. M. Dwelle, Second Lieutenant Third Minnesota Battery.

F. Rieger, Surgeon Eighth Regiment Minnesota Volunteers.

L. S. Kidder, First Lieutenant Company L, First Minnesota Mounted Rangers.

Sam. B. Abbe.

C. A. Kuffer.

Pierre x Bottineau.

1864 Supplementary to the Treaty of 1863

INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

TREATY WITH THE CHIPPEWA—RED LAKE AND PEMBINA BANDS, 1864.

Apr. 12, 1864. | 13 Stat., 689. | Ratified Apr. 21, 1864. | Proclaimed Apr. 25, 1864.

Articles supplementary to the treaty made and concluded at the Old Crossing of Red Lake River, in the State of Minnesota, on the second day of October, in the year eighteen hundred and sixty-three, between the United States of America, by their commissioners, Clark W. Thompson and Ashley C. Morrill, and the Red Lake and Pembina bands of Chippewa Indians, by their chiefs, head-men, and warriors, concluded at the city of Washington, District of Columbia, on the twelfth day of April, in the year eighteen hundred and sixty-four, between the United States, by the said commissioners, of the one part, and the said bands of the Chippewa Indians, by their chiefs, head-men, and warriors, of the other part.

ARTICLE I.

The said Red Lake and Pembina bands of Chippewa Indians do hereby agree and assent to the provisions of the said treaty, concluded at the Old Crossing of Red Lake River, as amended by the Senate of the United States by resolution bearing date the first of March, in the year eighteen hundred and sixty-four.

ARTICLE II.

In consideration of the cession made by said treaty, concluded at the Old Crossing of Red Lake River, and in lieu of the annuity payment provided for by the third article of said last-mentioned treaty, the United States will pay annually, during the pleasure of the President of the United States, to the Red Lake band of Chippewas the sum of ten thousand dollars, and to the Pembina band of Chippewas the sum of five thousand dollars, which said sums shall be distributed to the members of said bands, respectively, in equal amounts per capita, for which purpose an accurate enumeration and enrollment of the members of the respective bands shall be made by the officers of the United States.

ARTICLE III.

The United States will also expend annually, for the period of fifteen years, for the Red Lake band of Chippewas, for the purpose of supplying them with gilling-twine, cotton mater, calico, linsey, blankets, sheeting, flannels, provisions, farming-tools, and for such other useful articles, and for such other useful purposes as may be deemed for their best interests, the sum of eight thousand dollars: and will expend in like manner, and for a like period, and for like purposes, for the Pembina band of Chippewas, the sum of four thousand dollars.

ARTICLE IV.

The United States also agree to furnish said bands of Indians, for the period of fifteen years, one blacksmith, one physician, one miller, and one farmer; and will also furnish them annually, during the same period, with fifteen hundred dollars' worth of iron, steel, and other articles for blacksmithing purposes, and one thousand dollars for carpentering, and other purposes.

ARTICLE V.

The United States also agree to furnish for said Indians at some suitable point, to be determined by the Secretary of the Interior, a saw-mill with a run of millstones attached.

ARTICLE VI.

It is further agreed, by and between the parties hereto, that article four of the said treaty, concluded at the Old Crossing of Red Lake River, and the amendment to said article, shall be modified as follows: that is to say, twenty-five thousand dollars of the amount thereby stipulated shall be paid to the chiefs of said bands, through their agent, upon the ratification of these articles, or so soon thereafter as practicable, to enable them to purchase provisions and clothing, presents to be distributed to their people upon their return to their homes; of which amount five thousand dollars shall be expended for the benefit of their chief, May-dwa-gwa-no-nind; and that from the remaining seventy-five thousand dollars the claims of injured parties for depredations committed by said Indians on the goods of certain British and American traders at the mouth of Red Lake River, and for exactions forcibly levied by them on the proprietors of the steam-boat plying on the Red River, shall have priority of payment, and be paid in full, and the remainder thereof shall be paid pro rata upon the debts of said tribe incurred since the first day of January, in the year eighteen hundred and fifty-nine, to be ascertained by their agent in connection with the chiefs, in lieu of the commissioner or commissioners provided for in the fourth article of said treaty concluded at the Old Crossing of Red Lake River.

ARTICLE VII.

It is further agreed by the parties hereto, that, in lieu of the lands provided for the mixed-bloods by article eight of said treaty, concluded at the Old Crossing of Red Lake River, scrip shall be issued to such of said mixed-bloods as shall so elect, which shall entitle the holder to a like amount of land, and may be located upon any of the lands ceded by said treaty, but not elsewhere, and shall be accepted by said mixed-bloods in lieu of all future claims for annuities.

In testimony whereof, the said commissioners, on behalf of the United States, and the said chiefs, headmen, and war[r]iors, on behalf of the Red Lake and Pembina bands of Chippewa Indians, have hereunto affixed their hands and seals this twelfth day of April, in the year eighteen hundred and sixty-four.

Clark W. Thompson, [SEAL.]

Ashley C. Morrill, [SEAL.]

Commissioners.

Principal Red Lake chief, May-dwa-gua-no-nind (He that is spoken to), his x mark, [SEAL.]

Red Lake chief, Mons-o-mo (Moose-dung), his x mark, [SEAL.]

Red Lake chief, Ase-e-ne-wub (Little Rock), his x mark, [SEAL.]

Principal Pembina chief, Mis-co-muk-quah (Red Bear), his x mark, [SEAL.]

Red Lake headman, Naw-gon-e-gwo-nabe (Leading Feather), his x mark, [SEAL.]

Red Lake war[r]ior, Que-we-zance (The Boy), his x mark, [SEAL.]

Red Lake headman, May-zha-ke-osh (Dropping Wind), his x mark, [SEAL.]

Red Lake headman, Bwa-ness (Little Shoe), his x mark, [SEAL.]

Red Lake headman, Wa-bon-e-qua-osh (White Hair), his x mark, [SEAL.]