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
