===== page 1 =====

.?).
6 ae EES Seni) Mode wees aro ¢ “" .
REFER
es es
IN
REPLY TO THE FOLLOWING: COMMISSIONER OF INDIA I
AFFAIRS
Land pivision
Claims UNITED STATES
37276-41 DEPARTMENT OF THE INTERIOR
vm.
OFFICE OF INDIAN AFFAIRS
WASHINGTON
\ MAR 31 1942
MEMORANDUM for Mr. Flanery: .
y
I am returning for reconsideration a draft of a proposed
letter to the President of the Minnesota Chippewa Tribe disapprov-
ing resolution No. 4, concerning tribal enrollment.
Your memorandum of January 14 expresses disagreement with the
first paragraph on page six of the letter, which interprets Section
3, Article II of the tribal constitution to mean that the rules
which the tribal governing body is thereby authorized to enact
should govern both (1) adoption of members, and (2) enrollment of Rane
individuals entitled as a matter of right to yet the
memorandum indicates with the next, and last, paragraph
of the letter, which logically follows with the suggestion that os 1
.
&bove. We do not understand in what particular way the letter is
consideration be given to sets of rules to govern (1) and (2), {
”
incorrect.
That the tribal authorities fully appreciate the far-reaching
scope of their proposed action is, we believe, conclusively shown
by the following excerpts from the minutes of meetings of the Tribal -
Executive Committee of May 15-18, and July 25-26, 1941. Apparently
these minutes had not been brought to your attention when the meme-
of January 14, was prepared.
The following excerpts are taken from the minutes of the meet~
tng of May 15-18, 1941, at the page number indicated:
Page 19, No. 16 was presented. Mr. Rogers explained
<%3
that last spoke the queation and from the notes he yo G
year everyone on io
took at that time he found the concensus of opinion was that every-
one who was entitled to enrollment under the Treaty of 1889, regard- 4 They
less of blood degree, place of residence, etc. shonld be approved.
“
of
"according to the Resolution No. 16 just read, the first thing ges aes
would be to approve the rolls as they are at the present time. The er,
ad
second thing would be to provide that all issue of members of the
Tribe who are entitled to enrollment under the treaty of 1889 should ee
be enrolled, provided that they are descended from enrolled members. =
Pa
a
-+
-
bee


===== page 2 =====

,
“He explained thet the Tribel gouncil would first have to
approve the Resolution, then the delegates would approve it ang
finally it would go to the Washineton Office for approvel.
. “ir. Fairbanks brourht up the question as to wh ether people
enrolled at this time as the result of this Resolution micht not
seek back payments made during the years they were not on the rolls.
"Nr. Rogers said they would not ve entitled Xo such back payments.
-_— . . om - . + 07 mm met + - ° - . _ ew ey . - . . . . ~~ « ~ -° o- °
"Mir, Connor asked if the wisconsin deleration would be here and
Mr. Wilson advised him he did not believe so. itr. Connor spoke of
the 600 “Yisconsin names taken out of the rolls on lottery and the
effort being made now to put them back on the rolls. He mentioned
the amount of research work necessary to dig things out.
"wr. wilson pointed out that the money comes from gratuity and
not Trical funds and the ones entitled to any claim «ill be investi-
gated and the lands valued according to the valuatior of lands in that
area and that the Department was investigating thet now. As soon as
it was completed a bill would be introduced to take care of the ones
entitled to this money.
"vr, Rogers pointed out that under the regulations suggested any
degree of blood would count...could be one-hundredth...just so a
descendent. And they would be born anywhere, either on or off the
Reservation.
"Wr, Connors suggested that in his oninion they might lose rather
than gain members on such a scheme.
"Nr, Xahdub advised that he has seen told the Treaty of 1689 is
not a treaty at all.
"Mr. Sanders replied that it is recognized as a treaty but it
bas some limitations in regard to funds.
"Nr. Savage questioned whether or not there might not be a lot
of law suits on back payments.
"Nr. Rogers agreed it was easy to get into law suits but didn't
believe they could cet far with one. Particularly since they were
approving the rolls as they are now and will be adding more names.”
Page 28. "Rogers: Mr. President and Delezates - A year ago you
elected me President of your council. We were meeting over in the


===== page 3 =====

court rooms here and this question was broucht u didn't roti t
appointed an enroliment committee. This
didn't function,
This question of enrollment has been up for discussion
This enrollment. question have Nothing enrollment number done of been with up the for in the until the we office mak fi so -
Mr. rules Sanders and I got Since the and enrollment the committee that aid we not now have in but
your hands, They are not perfect and they can be chanred et any them time you
it will give you something to talk about and if you don't like
ean take them of or the leave oririnal them. These who rules were throw entitled to wide open Any
the treaty or azreement of 1889 are entitled to enrollment.
"These rules provide that any descendent, no matter whet degree of
blood he possesses or where he lives, or where he is born, so long as he
can prove that te is a descendent or issue of one of the original families
is entitled to enrollment under these regulations. That is the idea. “le
want to enroll everybody who is entitled to enrollment. ‘ie didn't con-
sider the quantum of Indian blood, nor we didn't consider the place where
they were born or where they lived. You may live or mirht have been born
in any part of the world and still be entitled to enrollment under these
rules we have given out.
"The present policy of the Department is to enroll only those who
vere born or are born in the Indian country. We felt there are a great
number of members of the tribe who are rightfully entitled to enrollment
that are not on the rolls because they were born just outside the reser-
vation. If they happened to be born outside of the Indian country they
.
were not enrolled. That seemed to be the sentiment of the delegates a t
year ago and when this matter was discussed I made some notes of what the
owe
different sneakers said.”
5 :
Page 30. "Now we have the approved rolls. Then we have a lot of
descendents who are not on the rolls and your provision No. 2 takes
care of that. Your section 2 reads - 'That all issue of members of the
Minnesota Chippewa Tribe, pursuant to the Act of January 14, 1889 (25
Stat. 642) are hereby declared eligible for enrollment in said tribe.‘
oe
cf e :
"You will recall that the Treaty of 1889 uses the word ‘issue’
en
and your constitution uses the word ‘decendent', and issue and
STE
decendent are one and the same, so section No. 2 takes care of all the
cme
dg
new-bvorns and those who have been stricken from the rolls. If they are
entitled to enrollment they have to prove they are decendents and issue
eee
of the original members that would be entitled to enrollment under these
yay
rules. Your Sec. No. 3 provides e manner in which these applicants
Tee
shall prove how they are entitled to enrollment; that is, they must file
a birth certificate and other supporting evidence so that it will be
possible for the tribe and the azency to definitely establish the fact
that they are rightfully entitled to enrollment. In other words, they
have to prove to you and to the agency that they are issue or decedents
et
some
of of the original members of the tribe. If they can prove that,
yee
under these rules, they are added to the rolls."
Page 34. "Im. Anywaush: (In Chippewa - interpreted by Shingobe)
3
os
1
r


===== page 4 =====

ersenes Sha
Indian and and so Relatives This ~The reason I that say is being discussed noo etre
discussed now isa
very danrerous one. It has been ebout six years thet I have come from
way boys we at Earth could white and take we care have of gone our over this and is to have status. line Some seid of the the -on onl old _ :
one-fourth. I went to work and presented 2 dill to them end told them *
thet they must consider the zrandchildren and different things thet
might interfere with this bill. There was never in the past any men-
tion made of drawing any line; relationship was the only thing that was
ree
considered in the past. ven though the child hed very little Indien
~ dlood, in considering relationship, he-was still an Indian. - One thine
that these old folks over there urged me to do was to heave merey on ny
Indian people. Don't ever, es long as you live, discriminate acainst
your fellow Indians. Since I heve been active in council work I have
heard that some have come in on your rolls through the courts - hired
lawyers so as they could get on the rolls. I understood there was a
coumittee apvointed to draw up a bill and t-at at such time as they
arafted the bill they “ere going to send it to each reservation where
our Indians reside so they would have the privilege of discussing this
question and so every individual Indian would knor and understand and
have thorough knovledze of the proposition. In this way, when it was
finally acted upon and passed, nobody could come up and say he didn't
know anything about it or didn’t understand it."
Page 47. “Lawrence Connor: Mr. Chairman and Fellow Delezates -
We said quite a lot yesterday and, summarizing all that has been said,
it comes to my mind that we should go into further detail in studying
the matter. If we accept the rules as they are, or the bill as has teen
drafted, to take on those who have veen scratched off for some reason
and just put them back on the rolls - if we accept one we will be doing
injustice to the one following if we reject him. Tribal funds are about
exrausted. We rould be doing injustice to the full-blood Indian to have
a large tribe of mixed-bloods. Yhen these half-breeds appear before the
law-making vodies in the interest of the needs of the Indian they will
say they are white men. Burdick says he is part Indian, that there is
some Indian blood in him but he doesn't take advantage of it. My fellow
delegates, if we want to do justice to the man who needs the help - the
Indian - I think we will be doing an injustice if we accept the bill as
it is and thereby make a wholesale tribe of the Minnesota Chippewes. On
the other side, the half-breed would be very glad to be taken into the
Chippewe Tribe. He would feel honored to be recornized as an Indian but
are we doing full justice to the original American Indian?"
Pare 52. Mr. Northrup. "I appreciate the position taken by our
friend, Mr. Connor, from Nett Lake, when he is trying to protect the
trioal funds tut the government has lots of money. It zives monies to
people and nations across the weter who have no right rhatever to this
money. And we, eas a nation, have claim on this money because they
haven't paid what they bouent fror us. So ve needn't fear we are going,
to ute uy this tribel money, if we eccert the rightful heirs to this
estete wile you, my friends, mentioned a while ago. There will be ample
provision mede when the time comes to settle. That will be about ell I
4


===== page 5 =====

would 9
have have the to . say authority this for other question officers this your time There present I thet plenty ve of cn we thenk mane not *0 the
The following excerpts are taken from the minutes of the meet ine
of July 25-26, 1941, at the page number indicated:
Page 4. “Mr. Anywaush, hoxever, spoke on the various phases of
the enrollment question which had already been discussed before his
” arrival and he was so informed. He earnestly requested the delegates,
however, to seriously, carefully and fully consider the matter before |
them considering its seriousness to them and their children, not to be
hasty in anything they did concerning it. He stated the White Zarth
~
people felt that the Indian people would be endangered unless extreme
care were exercised in passing these rules." .
Page 14. "Mr. Anywash admonished the delegates to look into the
f resolution thoroughly, as he believed they would find something there
and made the statement ‘This is not a small matter'. He asain urged
each and every member to be careful, to understand the question
~
* thoroughly because of those who had sent them there, that all due
_ eaution should be taken for the sake of the children who rould live
after the delegates. He stated that whoever had Indian blood in
' their veins and was on the rolls was an Indian but that he also had
-
: grandchildren who were not on the rolls. He stated there were some
go-called Indians who ‘got enough money out of their enrollment to
» start a shop to sell that which we are not allowed to have', so that
e
the only time they professed to be ‘Indians' was when they wanted
* to be enrolled to get this that they have forgotten they
money, now
are supposed to be Indians and claim to be something else. He begged
the delegates to be careful that they did not tie a knot which their
.
oor children and grandchildren could not untie.*®
¢
a.
Page 17. ‘Rogers: I have been interested in your organization
'gince it was started, and I have before me here your Constitution and
' By-laws. They were approved July 24, 1936, that is five years ago day
ee before yesterday. I have attended your meetings and listened to your
discussions and every year this enrollment question came up. ‘*e
would spend a lot of time at each meeting talking over this matter.
oN
These rolls you are discussing today should have been made out five
fenuerce years ago. I notice in the audience here your first president, John
Broker, and I notice another past president, John Pemberton, and I am
a past president, too. Your present president here was a president
vefore he got the Chair this year. Last year I made you a promise
when you elected me president, thet ‘before the year was up I would
v have a set of rules and regulations for enrollment’ and I have kept
“ my promise. You have your rules and regulations thet you are now
discussing. If these are bad, I will take all the blame because I
drew them up. I had Tom Sanders of the Indian Office to help me,
' wut these are my ideas. ‘there did I eet them? For five years I


===== page 6 =====

|
Lies
listened to you deleretes talk on the enrol dows vote” Saece in these
ee tried in the best way that I could to set
att rules and regulations. The way I have set them down is the way you
nest have talked for the last five years. Now you may talk one way and
dete ie vote another have this is the of way the you Rice have Treaty talked and for you the wanted to five
aati abide by the treaty and these rules and regulations take you rirht
te back to the Rice Treaty. Maybe you don't want these rule 3. Probably
icin you are satisfied the way thin=s are now. I don't know whether you
Raat are or not. If you are, I would be glad to draw up @ set of rules
and regulations along those lines, Now a lot has been said about
ete the time taken to draw up these rules and regulations but these
down your wishes in these rules and regulations. Now they may not be
ee are the result of five years of delioeration and I have tried to set
perfect. Nothing is perfect. They may look alrizht to some of you
ede now, they my look alright to me, but after we try them out for a
'
year there may be a lot of things wrong with them and you have the
| mittee I think is a very good idea and if there is any changes to be
- made, then this cormittee can suggest them. If there are to be any
| power to change it. The suggestion of the chairman to appoint a com-
amendments to be made or suggestions it is to go back to the Executive
é Committee and if they are satisfied they may make the required amend-
| ments and send them back to you. This is a deep subject. ‘What you do
ae today will affect the lives of a lot of people. If you adopt these
ne rules you are going to open the rolls wide open. That is, the children.
of children's children of the signers of the treaty of 1889 are going
on the rolls no matter where they are born. They may be born right here
a in Cass Lake, or they may be born in China or Africa, if they are a
. descendent of the signers of the treaty they would be entitled to en-
| rollment. That is what your rolls provide. Now if you are not satis-
& fied with that arrangement, don't pass these rules. I am not going
to try to influence you one way or the other, that is not my business.
7
i I want to do what you want done and your Executive Committee wants to
|
do the same thing. You have elected them to represent you and they
| want to represent you. So if the committee that is appointed wants
t to change these rolls, why, I am sure that the Executive Committee
will azree to that. If there is anything wrong with these rules
:
f that they will so state and chance them according to their satis-
’ faction. I agreed with some of these other delegates here that
ey this is not a lieht subject. It is a subject that you have to give
= a lot of thoucht to and I want to say this: That the Indian Office has
nothing to do with these rules. These are yours and the Committee's
Or rules. If the office had anything to do with them they vould want
oe rules to jibe with those rules that they have now. But the office
'
48 leaving this entirely to you. You are the one to decide and you
o>
are the ones who are goine to be affected. Even if you have to give
6


===== page 7 =====

ee
Peer
Ce.
,
back action feel the the enrollment matter
ee
ee
pay meeting you important!" upon congres- that Chippewa
if it not the
to
io.
so take do effect therefore,
a
money proposed without that
time We all-inclusive
another days, that far-reaching Minnesota them
have that
enough the
Commissioner
is
two
proper. to
it that the
to by motion
only any entirely
foinre money because believe in suggested, if such
in
is
have a set that suggest
Congress. ‘
we are more cover thoucht we is such be It and for to
b]
you some to resolution well
(4
understand foregoing, have should written
of . ALSIST
demands
but you would be
today have year's approval. their probably
of
for
Tribe as
I deep the the
will and
Chippewa in
for which approved
subject
thought. we too another of machinery knowledge would
and view
delegates it
the
be it
is disapproving persist
some May it give In
letter Indians
made
that Minnesota sional
be
the next feel and
it in rules,