Metis (Half-Breeds) Attached to the 1863 Treaty at the Old Crossing, MInnesota

---

Under authority of an act of Congress approved June 19, 1860 (12 Stat. 44, 59), a means was set forth providing for negotiations with the Red Lake and Red River (Pembina) Bands of Ojibwe for the extinguishment of their title to lands in the Red River valley. As a result, territorial governor Alexander Ramsey arranged for a treaty between the United States and the Red Lake and Pembina Bands of Chippewa Indians. The treaty (aka “the Old Crossing Treaty”) was concluded on October 2, 1863, and was ratified with amendments on March 1, 1863. This treaty was subsequently altered to arrange various monetary issues and to warrant the issuance of scrip (in certain cases) on April 12, 1864. It was finally ratified on April 21, 1864, and proclaimed by Congress on April 25, 1864, and signed by the President on May 6, 1864 (13 Stat. 667 and 13 Stat. 689).    

Under the cession terms of the treaty, the Pembina and Red Lake bands ceded much of the Red River Valley. The total land area ceded included roughly 127 miles (204 km) east to west and 188 miles (303 km) north to south; comprising nearly 11,000,000 acres (45,000 km2) of rich prairie lands and forests. On the Minnesota side, the ceded territory included all lands lying west of a line running generally southwest from the Lake of the Woods to Thief Lake, then angling southeast to the headwaters of the Wild Rice River. On the North Dakota side, the ceded territory included all of the Red River Valley north of the Sheyenne River to Stump Lake, to the headwaters of the Salt River to the US/Canadian border.

In addition to various allowances for annuities and other compensation, Article 8 of the treaty made a provision for the half-breed members of the bands, allowing them to take 160 acre “homesteads” within the ceded area. 

Article 8 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.”  

On March 1, 1864, during an executive session of the Senate, Article 8 was amended to add a provision that stated that no scrip, or patent, would issue until such 160 acre selections were “proved up” with residence and cultivation of the land: 

“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.”  

On April 21, 1864, this article was again amended to allow for the issuance of scrip in certain cases. It was established under Article 7 as follows:

“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 total, over 400 patents were perfected and issued to mixed-blood Pembina and Red Lake Chippewa members. These lands were selected in seven (7) Counties in North Dakota and seven (7) Counties in Minnesota, mostly along several major travel and hunting routes such as the Red Lake River, Maple River, Pembina River, and the Red River itself. Land tended to be concentrated in 5 specific areas: the Pembina River area of North Dakota, the Red River (both Minnesota and North Dakota), the Red Lake River (Minnesota), and the Grandin and Cassleton areas of North Dakota, with some isolated selections (or small groupings of selections) elsewhere in the ceded area.

A list of those half-breeds who received patents and scrip under the 1863/64 Old Crossing Treaty are provided below.

---