Minnesota, the North Star StateFolwell, William Watts
History
Minnesota, the North Star State
Folwell, William Watts
Minnesota -- History
The provision of law that no scrip could be transferred was evaded by
the same means as those employed in handling Chippeway half-breed
scrip. Two powers of attorney with the necessary affidavits worked a
transfer, which the courts sustained. Sioux half-breed scrip which
could be located on unsurveyed lands was soon in request, and served
the purposes of the well-informed. A batch of it went to California to
be located on forest and mineral lands. A moiety was used for the
acquisition of town sites in Minnesota in advance of surveys. Another
use involving some elasticity of conscience was the acquisition of pine
timber without the inconvenience of taking the lands with it. A plan of
“floating” scrip was worked out and prosecuted so habitually by men of
good report that no dishonor attached to it. The holder of scrip under
power of attorney would locate a piece, cut off the pine, and then
discover that he had not dealt wisely for his half-breed principal. He
would then obtain a cancellation of his location, place his scrip on
another piece, and repeat the process until the surveys were made. As
late as 1872 the commissioner of public lands issued a circular
condemning this practice in vigorous terms.
Soon after the unexampled development of the iron mines in the
“triangle” in the middle of the eighties, Sioux half-breed scrip was
used to obtain title to lands still unsurveyed in that region, likely
to be found iron-bearing. Mr. Vilas, Secretary of the Interior, and his
successor decided, in cases referred to them, that this scrip could not
pass title, the powers of attorney being but a means to evade the law
declaring the scrip to be non-transferable. A long series of
litigations followed, concluded by the Supreme Court decision of 1902
(183 U. S. 619), holding those powers of attorney to work a valid
conveyance. The title to many millions worth of mining property was
thus quieted.
It may here be noted that in 1855 the Winnebagoes, discontented with
their homes in the Long Prairie reservation, were glad to exchange it
for one of eighteen miles square, south and east of Mankato, whither
they removed in the same year. The new reservation being less than one
fourth the area of the old, a large addition was made to white man’s
country.
* * * * *
Of all the developments in the time of Governor Gorman none equaled in
importance the phenomenal increase of population. The census of 1850
showed a total of 6077 souls in the nine counties of the territory,
4577 of them in three counties. Pending the negotiation, amendment, and
ratification of the Sioux treaties of 1851 the accessions were small.
Public-domain text, read in full here on John Shaqi.
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