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UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY
WASHINGTON
NOY - 3 1942
:
MEMORANDUM for the Commissioner of Indian Affairs,
Your attached ietter to yr, Bo. i. Wilson, President of the unesota
Chippewa Tribe, prepared for my Signature, is returned to you for revision
......
in accordance with the following explanations:
Tae letter deals with Resolution No. 4 enbodying rules governing the cusl-
ificetions for enrollment in the Minnesota Chipnew: Tribe. Thet resolution was
acopted by the Tribal Executive Committee of the Minmesota Chiopere Indiens on
Jaly 26, 1941, and wes retified on the same date by the Tribal Delegetes.
Your letter disapproves thet resolution. I agree with thet conclusion.
I believe, however, that the reasons for thet disapproval should nct te BOULHE
in departmental rules and reguletions and in a Giscussion of the so-e-lled
nahaffle and Patterson opinions, bit rather in the mistaken belie’s us to ler
=
and excected congressional action vrich underlay the resolution,
‘
fhe Indien Reorgenization Act by providing for the orgenization of Indien
tribas on the besis of self-government hcs delegated to those tribes the richt
to determins their ow membership wherever constitutions such as thet of the
liimnesote Chinpewa Tribe heave been promileated sursusnt to thet ect and en-
bodying provisions governing tribal membership. Those »rovisions are elone
governing and all prior departmental regulations become thereby ineffective.
In tre case of the Binnesote Chipvera Indians’ thet means thet tribel menbsrship
is henceforth ruled by the provisions contained in article II of the constitution
of thet tribe and by reguletions adopted by the tribe with the approvel of the
‘Seeretary. ”
. L
wa
In view of this legal situation, the tribe is, therefore, no Longer bound
by departmental rules end regulation and decisions such as the so~called Meheffie
end Patterson opinions. For thet reason, while the tribs is in no way bound to
recognize 211 descendants of Himesota Chipoeva Indians as entitled to maxbership
in the tribe, it has a perfect right to recognize them, if it so desires and if
the Sccretery approves it.
However,’ section 2 of the resolution, rhich relies on the act of 1559 in
orasr to provide for such a general right of enrollment, seems to be based on
' error of Law. Theat act did not require thet all descendants of ancestors
en
listed on the 1689 roll be recognized as members of the tribe. It is clenr,
however, from several remarks made by tribal members who spoke during the
meetings at which Resolution No. 4 was discussed and adopted, that they did


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tt,
*
Ne believe they were legally bound to accept as nevhere ell descendants of
oh
bkinnesots Chippora Indians.
ee le reason From for the remarks or the during tribe to admit meetings I have seer all. thet of <b °
} menberchip alll descendants
of Mimnesota Chippers Indians ves the belief thet such an enoruous
a
:
: in trite mevbershic ana in the nwaber of Inciens whereby entitlea to shares
-
': dn tribel benefits would not result in a depletion of tribel assets now evail—
eble. The belief was expressed. thet Congress woule ‘- ap & ropriste lerge
en suns of money in order to satisfy the claims of these new tribal nenbers, so
a on: anid ~ thet they would not in the share of essets nov eveilable for
tet esch present member of the Minnesote Chinpewa Tribe.
i
,
NRE It should be made clesr to the tribe thet any expectation of such con—
aR
€ressional approprietions is without eny besis in fact. If the Hinnesote
Chip »ewa Indians desire to share their property with a lerge number of persons
tO woo are Indiens neither by name, residence, or attechment but merely by the
PT accident of a small portion of indian blood, in order to extend such benefits
a5 mney be available to Minnesota Chippewa Indians to the lergest possible nur—
ber of persons, thet does not constitute any reason for Congress to incresse
those tribal assets in order to safeguard the share which present members of
~
tthe tribe mey now expect./] In time of war financie] demends on Congress for
_
, milstery expenditure ere so large thet Congress cennot be justifiably expected
to meke lerge appropriations in order to distribute meerned benefits to num
erous Americans sbose Indian character has been all but lost. The Linnesota
Chipveva Tribe mist, therefore, realize that every new name which they add to
the membership roll till by that much decreese the shere every member now en-
2 we eee
Tolied has in the lisitec assets of the Minnesota Chinpewa Tribe.
_
I believe that once they are informed ef the foregoing lege! and factwel
Ssituetion, they may themselves want to reconsider the provisions embodied in
Resolution No. 4.
‘I mast add thet those rules are fundamentally oppesed to the policy enun-
|. gated agein ané again by Congress and followed by this Department. It is tre
besie policy of the Indian Reorganization Actto enable tribal orgenisations .
to meintein their identity and to follow a natural development unhampered as ©
far as possible by outside influences. Section 19 of that act provided thet:
.
ee
"The term tIndien' as used in this act shall include all persons
of Indien descent who are members of any recognized Indian tribe f
now under Federal jurisdiction and all persons who are descendants
of euch members rho were on Jume 1, 1934, residing within the
presept boundaries of any Indisn reservation, and shall further
include gl) otver persons of one-half or more Indien blood.”
(Underscoring supplied.)
Tnie provigion makes “44 quite clear that nonresident persons of Less than one-
relf Indien blood are not even included in the basic enumeration of grouys


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believe they were legally bound to accept as members all descendants of
Minnesota Chippewa Indians.
From other remarks made during those meetings I have seen that part of the
reason for the readiness of the tribe to admit to membership all descendants
of Minnesota Chippewa Indians was the belief that such an enormous increase
in tribal membership and in the number of Indians thereby entitled to share
in tribal benefits would not result in a depletion of tribal assets now available.
The belief was expressed that Congress would readily appropriate large
sums of money in order to satisfy the claims of these new tribal members, so
that they would not result in decreasing the share of assets now available for
each present member of the Minnesota Chippewa Tribe.
It should be made clear to the tribe that any expectation of such con-
gressional appropriations is without any basis in fact. If the Minnesota
Chippewa Indians desire to share their property with a large number of persons
who are Indians neither by name, residence, or attachment but merely by the
accident of a small portion of Indian blood, in order to extend such benefits
as may be available to Minnesota Chippewa Indians to the largest possible number of persons, that does not constitute any reason for Congress to increase
those tribal assets in order to safeguard the share which present members of
military expenditure are so large that Congress cannot be justifiably expected
to make large appropriations in order to distribute unearned benefits to numerous Americans whose Indian character has been all but lost. The Minnesota
Chippewa Tribe must, therefore, realize that every new name which they add to
the membership roll will by that much decrease the share every member now enrolled has in the limited assets of the Minnesota Chippewa Tribe.
I believe that once they are informed of the foregoing legal and factual
situation, they may themselves want to reconsider the provisions embodied in
Resolution No. 4.
I must add that those rules are fundamentally opposed to the policy enunciated again and again by Congress and followed by this Department. It is the
basic policy of the Indian Reorganization Act to enable tribal organizations
to maintain their identity and to follow a natural development unhampared as
far as possible by outside influences. Section 19 of that act provided that:
"The term 'Indian' as used in this act shall include all persons
of Indian descent who are members of any recognized Indian tribe
now under Federal jurisdiction and all persons who are descendants
of such members who were on June 1, 1934, residing within the
present boundaries of any Indian reservation, and shall further
include all other persons of one-half or more Indian blood."
(Underscoring supplied.)
This provision makes it quite clear that nonresident persons of less than one-half Indian blood are not even included in the basic enumeration of groups


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Sota considered Chipveva Indian Tribe by hes the boon very act uncer which the constiirtion of the “inne
Sinileriy, the recent apsroorlation ects srovide thet edueation:1 beng--
PLUS may bo aveileble only to persons of oat least one-fourth Incian blood,
The same restriction applies to lozns to be made from revolving credit funds
‘set up under the enmial appropriation acts of this Department. Generally
Sneaking, s2 ever increasing number of Indian tribes are incorporating in
their constitutions provisions limiting mexbership to persons having a mini-
mum guentua of Indian blood. This is in entire accord with the noliey of
Consress and this Department. The purpose of the Indian Reorganization Act
and the system established thereunder could never be realized if the orderly
enc well-organized life of Indian tribes based on a close~imit meubership
in the tradition and usage of their tribe were to be disrupted by the
large scale admission of persons whose only contact with the Indian tribe is 4
“negligible quantum of Indian blood and the desire to reap financial benefits
from such membership.
; this Department is charged with the responsibility of protecting the
indian tribes in their identity and their property, end of securing to them *
the benefits of the system of orderly tribal self-government established by
“the Indian Act. This responsibility hes been implemented by
giving this Department the risht to approve or disapprove certain tribsl reso~
intions, and especizily those dealing rith aamission to membership. I believe
het Resolution 4 would heve tndesirable consequences which were not made
manifest in the consideration given to that resolution by the Council, and thet
in Gisapcroving thet resolution the Department will grotect the tribe and its
future generations from the demage to their oroperty and to their tribal organ-
ization which that resolution might cause.
I em confident that once the errors of law and fact on which thet resolu-
tion wes clesrly based are fully realized by the tribe, they will wish to modify
these trovisions end to limit tribal membership to those persons who by their
degree of Indien blood, their residence within the Indian reServation, or other
evidence of their intimate and continuous connection with, end interest in, the
efcire of the Einnesota Chippewa Tribe give promise of beipf loyal and respon-
sible renbers of the tribe. «
‘Secretary.
Feelozure 2927017.