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The McCumber Agreement

Agreement Between the Turtle Mountain Indians and the Commission


Appointed under the provisions of the Indian appropriation act of July, 1892, to negotiate with the Turtle Mountain band of hippewa Indians in !orth "a#ota, for the cession and relin$uish%ent to the &nited 'tates of whatever right or interest they have in and to any and all land in said 'tate to which they clai% title(

APPENDIX No. I
Articles of agreement and stipulations made and concluded at Belcourt, in the county of Rolette and the state of North Dakota, by and between Porter J. c!umber, John ". "ilson, and ". "ood#ille $leming, commissioners on the part of the %nited &tates, on the twenty'second day of (ctober, one thousand eight hundred and ninety'two, and )a'ki'ne'wash, )anik, )a'ish'pah, !onie, !aws'ta'we'nin, (*a'ah'we'ki*ik, John Baptist "ilkie, Augustine "ilkie &r., John Baptisst +andall, Joseph Rolette, Jerome . Rolette, &t. athew Jerome, and artin Jerome, and others whose names are hereto subscribed, being a ma,ority of the whole number of male adults belonging to and comprising the -urtle ountain Band of !hippewa .ndians in North Dakota, on the part and behalf of the -urtle ountain Band of !hippewa .ndians.

Article I
-he friendly relations heretofore e/isting between the -urtle ountain Band of !hippewa .ndians and the %nited &tates shall be fore#er maintained.

Article II
-he -urtle ountain Band of !hippewa .ndians, in consideration of the con#enants and stipulations hereinafter contained, do hereby cede, alien, and con#ey to the %nited &tates all the claims, estate, right, title and interest of the -urtle ountain Band of !hippewa .ndians or any of them as members of said band of .ndians, in and to all lands, tenements, and hereditaments, situate lying and being in the state of North Dakota. 0/cepting and reser#ing from this con#eyance that tract of land particularly mentioned and set apart by an e/ecuti#e order of the President of the %nited states, bearing date the third day of June, A.D. eighteen hundred and eighty'four, to which reference is hereby made for more particular description, the said reser#e being twel#e miles in length and si/ miles in breadth, and now occupied as a reser#ation by the -urtle ountain Band of !hippewa .ndians. .t being e/pressly stipulated that the land now occupied and used for school, church, and 1o#ernment purposes shall be held at the pleasure of the %nited &tates, and may, with the appro#al of the &ecretary of the .nterior of the %nited &tates, be patented when the interest of the %nited &tates, the .ndians thereon, or the efficient school conduct re2uires3 the &ecretary of the interior may, as occasion re2uires, set apart other land in said reser#e for school and other public uses.

Article III
-he land, woods, and waters abo#e reser#ed for the -urtle ountain Band of !hippewa .ndians, sub,ect to the stipulations contained in article .. of this treaty and agreement, shall be held as common property of the -urtle ountain Band of !hippewa .ndians, and it is agreed that the %nited &tates shall, as soon as it can con#eniently be done, cause the land hereby reser#ed and held for the use of the -urtle ountain Band of !hippewa .ndians to be sur#eyed as public lands are sur#eyed, for the purpose of enabling such .ndians as desire to take homesteads, and the selections shall be so made as to include in each case, as far as possible the residence and impro#ements of the .ndian making the selection gi#ing to each an e2uitable proportion of natural ad#antages, and when it is not practicable to so apportion the entire homestead of land in one body, it may be set apart in separate tracts, not less than forty acres in any one tract, unless the same shall abut upon a lake4but all assignment of land in se#eralty shall conform to the go#ernment sur#ey. -he sur#ey of this land shall be made as 1o#ernment sur#eys and at no e/pense to the .ndians.

Article IV
.n consideration of the premises and the foregoing cession, the %nited &tates agrees to pay to the said -urtle ountain Band of !hippewa .ndians the sum of one million dollars, of which sum there shall be paid annually the sum of fifty thousand dollars for the period of twenty years, which sums shall be in#ested annually in food, clothing, bed clothing, houses, cattle, horses, all kinds of agricultural implements, and farm machinery and products, for seed for husbandry, and such things as may be appro#ed by the &ecretary of the .nterior, who shall ha#e the authority to direct such e/penditures, and at such times in the building, impro#ing, and repairing of houses as the needs of the .ndians on the abo#e reser#e may re2uire, e/cept as hereinafter agreed.

Article V
-he schools now located upon the abo#e'named reser#e are to be maintained in efficiency as at present and increased as necessity may re2uire.

Article VI
All members of the -urtle ountain Band of !hippewas who may be unable to secure land upon the reser#ation abo#e ceded may take homesteads upon any #acant land belonging to the %nited &tates without charge, and shall continue to hold and be entitled to such share in all tribal funds, annuities, or other property, the same as if located on the reser#ations.

Article VII
&o long as the %nited states retains and holds title to any land in the use or occupation of any member of the -urtle ountain Band of !hippewa .ndians or the title to other property in the possession of any .ndian of said band, which it may do for twenty years, there shall be no ta/ or other duty le#ied or assessed upon the property the title to which is held or retained by the %nited &tates.

Article VIII

And in further consideration of the foregoing cession and stipulations, it is further stipulated that the si/ hundred and forty acres of land heretofore reser#ed to 5 Red Bear6 a !hippewa .ndian, by the treaty between the %nited &tates and the Red 7ake and Pembina Bands of !hippewa .ndian, concluded in innesota, (ctober 8, amended arch 9, 9:;<, proclaimed ay =, 9:;<, be patented to red Bear, a member of the -urtle ountain Band of !hippewa, who is the only son and heir of the 5Red Bear6 named in the eighth article of the treaty abo#e referred to and mentioned.

Article IX
.t is further con#eyed and agreed that under no circumstances the -urtle ountain Band of !hippewa .ndians nor any members of said band of .ndians shall take up arms against or resist the established authorities of the %nited &tates3 e#ery person so #iolating this stipulation shall in the discretion of the %nited &tates be fore#er barred from the benefits of this agreement, and all rights of such person and persons hereunder shall be forfeited to the %nited &tates.

Article X
-his agreement to be of no binding force or effect until ratified by the !ongress of the %nited &tates.

Article XI .t is mutually agreed that the sum of fi#e thousand dollars of the fifty thousand dollars abo#e stipulated be annually paid to the -urtle ountain Band of .ndians, in cash, and that said sum be distributed per capita.
.n testimony whereof the said Porter J. c!umber, John ". "ilson,and ". "ood#ille $lemming, commissioners, as aforesaid, and the members of the -urtle ountain Band of !hippewa .ndians, ha#e hereunto set their hands and affi/ed their official marks on the day and at the place abo#e written. 0/ecuted at Belcourt Agency, North Dakota, this 88nd Day of (ctober, A.D. 9:>8. P.J. McCumber (seal) John W. Wilson (seal) W. Woodville Flemming (seal) Commissioners "e, the undersigned, separately and se#erally certify on honor that we ha#e fully e/plained to the .ndians whose names are hereto signed the abo#e instrument, and that they acknowledge the same to be well understood by them. John Baptiste 7edeault Joseph Rolette ?&igned by )a'kin'e'wash and o#er 8@@ others.A 0/. Doc. 88>, =8nd !ongress, 8nd &ession.

Appendi No. !
Amendments to an original agreement between the %nited &tates and the -urtle ountain Band of !hippewa .ndians made on (ctober 88, 9:>8B

Article IV
Article .+ as originally written is stricken, and the following is inserted to replace itB .n consideration of the premises and the foregoing cession, the %nited &tates agrees to pay to the said -urtle ountain Band of !hippewa .ndians the sum of one million dollars, such amount to be paid in cash in yearly installments, whiche#er the &ecretary of the .nterior deems best for the tribe. PR(+.D0DB if payment is made in yearly installments, the &ecretary of the .nterior is authori*ed to spend the prorate share of each .ndian as his need may re2uire in building, repairing and impro#ing the houses off the .ndian people e/cept as hereinafter agreed.

Article V
Article + is amended to readB -he schools now located upon the reser#e are to be maintained at the present le#el, so long as the &ecretary of the .nterior feels it necessary but no longer than twenty years.

Article VIII
Article +... as originally written is remo#ed from the agreement and not replaced.

Article XI
Article C. as originally written is remo#ed from the agreement and not replaced. (Senate document No. 471 (1904) pp. 2-6) )a'kin'ewash, his / mark DsealE. !awi'ta we nin, his / mark DsealE. )i,i )aak'ke'ni,a'wit, his / mark DsealE. )etakiwapetong, his / mark DsealE. Amayatt $rancais, his / mark DsealE. J.B. "ilkie, his / mark DsealE. Antoine Brien, his / mark DsealE. Ale/ander Aiken, his / mark DsealE. 1ourneau, 7ouis, his / mark DsealE. Peter !harbennan, his / mark DsealE. 1rant, Joseph, his / mark DsealE. 1abriel "ilkie, his / mark DsealE. Ambrose "allet, his / mark DsealE. Fachary Poitra, his / mark DsealE. 7ouis 1oddon, his / mark DsealE. Ale/ander artel, his / mark DsealE.

)nakomika, his / mark DsealE. Aki chita, his / mark DsealE. !ha kasung, his / mark DsealE. John Baptiste Dandall, his / mark DsealE. ('*a'was'kush, his / mark DsealE. Andre Allery, sr., his / mark DsealE. Nottin, his / mark DsealE. 1ourneau, Joseph, ,r., his / mark DsealE. 1ourneau, Ale/ander, his / mark DsealE. .J. Rolette, his / mark DsealE. Albert "ilkie, his / mark DsealE. Ale/ander 7ucier, his / mark DsealE. Joseph Poitra, his / mark DsealE. &t. athew Jerome, his / mark DsealE. Ale/ander Germon, his / mark DsealE. 0ugene Pepin, his / mark DsealE. Antoine Goule, sr., his / mark DsealE. !harles Goule, his / mark DsealE. oses Dionne, his / mark DsealE. Piere Peltier, his / mark DsealE. Jospeh 7afrombois, his / mark DsealE. Joseph "ilkie, his / mark DsealE. Nepate )e,ik, his / mark DsealE. John Baptiste Da#is, ,r., his / mark DsealE. Piere !harett, his / mark DsealE. Piere A*ure, his / mark DsealE. -heodore Belgarde, sr., his / mark DsealE. 1abriel Poitra, &r., his / mark DsealE. 1abriel Poitra, Jr., his / mark DsealE. Andre A*ure, his / mark DsealE. Joseph A*ure, his / mark DsealE. )anik, , his / mark DsealE. !onic, his / mark DsealE. &kasitoness, his / mark DsealE. ishkomakwa, his / mark DsealE. kao*awake*ik, his / mark DsealE. Joseph 7anger, his / mark DsealE. Ale/ander "ilkie, his / mark DsealE. Joseph 1ourneau, sr., his / mark DsealE. 1ourneau, Batrice, his / mark DsealE. 1rant Riese, his / mark DsealE. "illian 1rant, his / mark DsealE. Baptise )line, his / mark DsealE. !harles Poitra, his / mark DsealE. 7ouis Arnyott, ,r., his / mark DsealE. 1abries Banchimen, his / mark DsealE. )aishpa, his / mark DsealE. "ahna )i#et, his / mark DsealE. (*awikonaya, his / mark DsealE.

)a'kepiness, his / mark DsealE. ekwam, his / mark DsealE. Roger Jerome, his / mark DsealE. Archibald Aiken, his / mark DsealE. John Aiken, his / mark DsealE. 1ourneau, 7eon, his / mark DsealE. 1arbiel A*ure, his / mark DsealE. Joseph Rolette, his / mark DsealE. Jenor Biren, his / mark DsealE. Ale/ander 7atraille, his / mark DsealE. odest Poitra, his / mark DsealE. Phillip 1oddon, his / mark DsealE. &olomon Pepin, his / mark DsealE. 0dward German, his / mark DsealE. Antoine Goule, ,r., his / mark DsealE. Joseph -homas, Joseph &mith, ,r., his / mark DsealE. Baptiste Peltier, his / mark DsealE. -hheodore Brien, his / mark DsealE. John Baptiste "ilkie, his / mark DsealE. Daniel -urcott, his / mark DsealE. .sadore 1ramboise, his / mark DsealE. oses !harett, his / mark DsealE. Genry (ncept, his / mark DsealE. 7ouie Belgarde, his / mark DsealE. "illiam Poitra, his / mark DsealE. Antoine "ilkie, his / mark DsealE. $rancois 7anger, his / mark DsealE. $rancis A*ure, his / mark DsealE. oses "allet, his / mark DsealE. Napoleon Goule, his / mark DsealE. "illiam -homas, his / mark DsealE. .srael &mith, sr., his / mark DsealE. oses 7apier, his / mark DsealE. Augustine "ilkie, &r., his / mark DsealE. Joseph Decouteau, his / mark DsealE. "illiam Da#is, Jr., his / mark DsealE. Baptiste !harrett, his / mark DsealE. -homas !luthier, his / mark DsealE. Jerome A*ure, his / mark DsealE. Joseph Belgarde, his / mark DsealE. !harles Poitra, 8nd, his / mark DsealE. John Baptist A*ure, his / mark DsealE. Joseph $rederic, his / mark DsealE. .sadore A*ure, his / mark DsealE. athais 7afromboi/e, his / mark DsealE. 1regory artell, his / mark DsealE. Joseph artell, his / mark DsealE. 0dmond Rolette, his / mark DsealE. Bacile Belgard, his / mark DsealE. 1ilbert Belgarde, his / mark DsealE.

Benard Delorme, his / mark DsealE. $rancios +i#ier, 8nd, his / mark DsealE. Da#id 7a#adure, his / mark DsealE. a*ime arion, his / mark DsealE. Abraham Boyer, his / mark DsealE. Ale/ander Jerome, his / mark DsealE. ichael 1ladue, his / mark DsealE. Napoleon Allery, his / mark DsealE. 7ouis Amyott, &r., his / mark DsealE. Ben,amin A*ure, his / mark DsealE. $. C. Des,arlais, his / mark DsealE. John B. artell, his / mark DsealE. 7ouis -homas, his / mark DsealE. $rancios ontrail, his / mark DsealE. !harles Du?HAney, his / mark DsealE. Joseph Nadeau, his / mark DsealE. Andre orin, his / mark DsealE. Andre orin, his / mark DsealE. Ale/ander ontriel, his / mark DsealE. &t. Pierre 7a#adure, his / mark DsealE. 7oius arion, his / mark DsealE. !harles 1ladue, &r., his / mark DsealE. a/ime arion, Jr., his / mark DsealE. Daniel Jerome, &r., his / mark DsealE. Daneil Jerome, Jr., his / mark DsealE. Antoine A*ure, his / mark DsealE. !. 7afontaine, his / mark DsealE. Joseph 0. arion, his / mark DsealE. &kamistik, his / mark DsealE. Pakena'ke'wap, his / mark DsealE. Pat'wa'wi'nin, his / mark DsealE. &he'she'we'ko'nip', his / mark DsealE. Nepasish, his / mark DsealE. Joseph 1ourneau, his / mark DsealE. Behard Goule, his / mark DsealE. Joseph &mith, &r., his / mark DsealE. Paul Peltier, his / mark DsealE. 1abriel 7afromboise, his / mark DsealE. Augustine "ilkie, Jr., his / mark DsealE. J. B. -urcott, his / mark DsealE. 7eonidas Da#is, his / mark DsealE. $rancios !harrett, his / mark DsealE. Peter Ducept, his / mark DsealE. -heodore Belgarde, ,r., his / mark DsealE. Nobert Poitra, his / mark DsealE. (cta#e 7afontaine, his / mark DsealE. John Baptist 1rant, his / mark DsealE. Ale/ander A*ure, his / mark DsealE. Piere 7acert, his / mark DsealE.

John Baptist De,arlais, his / mark DsealE. Patrice 7afromboise, his / mark DsealE. John Baptist &t. Antona, his / mark DsealE. Joseph 7aframboise, his / mark DsealE. Antoine 1elgard, his / mark DsealE. odes !aplett, his / mark DsealE. Jac2ues Peltier, his / mark DsealE. Da#id 7a#erdure, his / mark DsealE. Napoleon 7a#adure, his / mark DsealE. Amrase +i#ier, his / mark DsealE. Joseph 1ladue, his / mark DsealE. Julian Jerome, his / mark DsealE. Andre Allery, his / mark DsealE. aartin Jerome, his / mark DsealE. John Baptist 7afromboise, his / mark DsealE. Narciss 7afrombois, his / mark DsealE. !harles A*ure, &r., his / mark DsealE. -homas -homas, his / mark DsealE. ichael 7afromboise, his / mark DsealE. Batrice Delorme, his / mark DsealE. (cta#e Ren#ille, his / mark DsealE. &t. Piers 1ladue, his / mark DsealE. James A*ure, his / mark DsealE. Joseph 7a#adure, his / mark DsealE. "illiam 7a#adure, his / mark DsealE. !harles Page, his / mark DsealE. !harles 1ladue, Jr., his / mark DsealE. J.B. arion, his / mark DsealE. Baptiste Allery, his / mark DsealE. John Baptiste Ducept, his / mark DsealE. 0*ear 7afountaine, his / mark DsealE. J.B. 7edeault, his / mark DsealE. John Baptiste 7anger, his / mark DsealE. (skino, No. 9, his / mark DsealE. )at'we'hu'ta'wat, his / mark DsealE. )ekanowenet, his / mark DsealE. Nepis, his / mark DsealE. Amicens, his / mark DsealE. akatemakwah, his / mark DsealE. Akash, his / mark DsealE. Piere 7a#alle, his / mark DsealE. Joseph )ipling, his / mark DsealE. Piere c!loud, his / mark DsealE. oses Decauteau, his / mark DsealE. (ni*im Goule, his / mark DsealE. Genry !oitra, his / mark DsealE. Piere 7afontaine, his / mark DsealE. Andre De,arlais, his / mark DsealE. Antoine !harboneau, his / mark DsealE. &akanako'skung, his / mark DsealE.

"isheka, his / mark DsealE. Puyat, his / mark DsealE. Nwenapi, his / mark DsealE. Renaseekapa,iekot, his / mark DsealE. "apisketatik, his / mark DsealE. Napashish, No. 9, his / mark DsealE. Ambrose 0hattrand, his / mark DsealE. a/ime 7andry, his / mark DsealE. 1eorge Baker, his / mark DsealE. $rancois +i#ier, ,r., his / mark DsealE. -episkoke,ikkaneepawit, his / mark DsealE. Joseph Bottineau, his / mark DsealE. 0*ear 7afontaine, his / mark DsealE. $red, ". &chindler, his / mark DsealE. John Ga#es, his / mark DsealE. Piere 7essott, his / mark DsealE. 0/os, his / mark DsealE. etonask, his / mark DsealE. Ale/ander Goule, his / mark DsealE. Napoleon 7andry, his / mark DsealE. onchan'a'te'sis, 7ouis alaterre, , his / mark DsealE. !emewetung, his / mark DsealE. Joseph 7yemouane, his / mark DsealE. Akewensie, his / mark DsealE. John De,arlais, his / mark DsealE. (*ah'we'ki,ik, his / mark DsealE. Nachaiwe, his / mark DsealE. )e'pesa'see, his / mark DsealE. iskwangkay, his / mark DsealE. edomoyaah, his / mark DsealE. )amana'towe'to'kuah, his / mark DsealE. Patwewetung, his / mark DsealE. J.B. Jollibois, his / mark DsealE. 1ilbert )ipling, his / mark DsealE. Norbert 7andry, his / mark DsealE. Piere 7akat, his / mark DsealE. John B. artelle, ,r., his / mark DsealE. (*awipi,ikens, his / mark DsealE. Joseph Allery, his / mark DsealE. "e'nakowikapo, his / mark DsealE. Joseph 7andeer, his / mark DsealE. John B. 7aterregrass, his / mark DsealE. "e certify on honor that we were present and witnessed the signatures to this instrument by the .ndians abo#e. 0rnest "illiam Brenner "ellington &alt

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