To the Senate and House of Representatives of the United States of America:

The undersigned, attorneys for that portion of the Sac and Fox Indians residing in the State of Iowa, employed as such attorneys, under a contract made and approved in accordance with existing law (section 2103 of the Revised Statutes), for the purpose of prosecuting the claims of said Indians, referred to in this memorial, respectfully represent:

That the tribe of Sac and Fox Indians of the Mississippi formerly resided upon land now within the State of Iowa; that by the treaty of 1842 “all the lands west of the Mississippi River to which they have any claim or title, or in which they have any interest whatever,” were ceded to the United States, they receiving, as part consideration for said cession, a reservation in what is now the State of Kansas, to which they removed. (7 Stat., 596)

The locality of the said new reservation in Kansas proving to be not so healthful, and becoming for this and other reasons dissatisfied with the change, a portion of the tribe returned to the State of Iowa prior to the year 1855. Having no reservation in the State of Iowa, they sought and secured the permission of the legislature of said State to remain and reside therein.

The first section of the act of the Iowa legislature (chap, 30, Indians), entitled “An act permitting certain Indians to reside within the State,” is as follows:

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the consent of the State is hereby given that the Indians now residing in Tama County known as a portion of the Sacs and Foxes, be permitted to remain and reside in said State, and that the Governor be requested to inform the Secretary of War thereof, and urge on said Department the propriety of paying said Indians their proportion of the annuities due or to become due to said tribe of Sac and Fox Indians. Approved July 15, 1856. (See Annual Report Commissioner of Indian Affairs, 1891, page 681.)

Having secured this humane and generous action by the State of Iowa the said Indians, to show their appreciation thereof, set to work to earn and save money with which to buy land for a home. They were receiving no support or aid of any kind from the United States, and no portion of the annuities of the tribe, though entitled to their proper proportionate share of said annuities under treaty stipulations.

On July 13, 1857, they purchased their first tract of 80 acres of land from a citizen of the United States, paying therefore $1,000 and taking a deed therefore in trust to the then governor of the State of Iowa. Since then they have, from time to time, purchased land with their own money, till now they have so held in trust for them 2,900 acres, for which they have paid $42,008.93.

No supervision over or care of these Indians were taken by the United States until 1866, when a special agent was placed in charge of them. He, in 1867, reported that he had made an actual counter census of them, and found that they numbered 264, as follows: 94 men, 91 women, and 87 children, or 125 males and 139 females; that they had resided and existed in the State of Iowa for a long time – probably twelve or fifteen years – without help or aid from the Government. (See Annual Report Commissioner of Indian Affairs, 1867, p. 34.)

The enrollment then made was for the purpose of paying to them a portion of the tribal annuity for 1867. That payment was made in January, 1867. After said payment the Indians were notified, by direction of the Secretary of the Interior, that they must remove to the tribal reservation in Kansas, and thereafter no portion of the tribal annuities would be paid to them, except upon the said tribal reservation. (ibid.,25.)

Congress interposed in their behalf, and by the act of March 2, 1867, Provided, That the band of Sacs and Foxes of the Mississippi, now in Tamar County, Iowa, shall be paid pro rata, according to their numbers, of the annuities, so long as they are peaceful and have the assent of the Government of Iowa to reside in the State. (14 Stat., 507)

About the same time the tribe sought, in negotiating the treaty of 1867, to deprive those members of the tribe residing in the State of Iowa of all participation in tribal funds unless they should rejoin the tribe and reside on the tribal reservation; but the Senate, opposing the unjust provision of said treaty for said purpose, amended it, and said amendment was subsequently assented to by the tribe. (See Art. XXI, treaty of 1867, 15 Stat., 504.)

The annuities of the Sac and Fox Indians of the Mississippi accrue under the following treaties:

Article 3, treaty of 1804 (7 Stat., 84), perpetual annuity …………….....$1,000
Aritcle 2, treaty of 1837 (7 Stat., 541), 5 per cent on $200,000……….10,000
Article 2, treaty of 1842 (7 Stat., 596), 5 per cent on $800,000……….40,000
Total tribal annuity……………………………………….....................51,000

From the time of the return to Iowa of that portion of the Sac and Fox Indians of the Mississippi, now residing in that State, “twelve or fifteen years” prior to 1867, they received no portion of the tribal annuities and no aid or support from the United States. They were not, during that time, have not since been, and are not now, supported by the United States, but support themselves, with the aid of the portion of tribal annuities received since the year 1867. Prior to 1867 those of the tribe residing in the State of Kansas received the whole of the tribal annuities. The aggregate of the payments made during that period, say from 1853 to 1866, both inclusive as shown by the report of the Commissioner of Indian Affairs, herewith, dated November 20, 1894, is $859,835.42.

The payment to the tribe in Kansas in 1852 shows that the tribe at that time numbered 2,124, and that number shared in the annuity payment of that year. In the year 1853 only 1,748 were present in Kansas to share in the annuity payment of that year. In the year 1853 only 1,748 were present in Kansas to share in the annuity payment of that year; the difference is 376. As those returning to Iowa left the reservation about that time, it may be assumed that they numbered in 1853 about what they numbered in 1867, viz, 264, by actual count.

Taking the year 1853 as the time when the separation and return to Iowa occurred, and 264 as the average numbers of those so returning for the periods from 1853 to 1866, both inclusive, the following results are reached form the statements furnished us by the Commissioner of Indian Affairs, accompanying his letter of November 20, 1894, above Referred to.

Aggregate amount of tribal annuities paid to that portion of the tribe in the State of Kansas, from 1853 to 1866, $818,915.42. The number of annuitants to whom this large sum was paid is given for each payment, being for 1853, 1,748, and for 1866, 791; the average of the numbers for that period is 1,240. Placing the average of those in Iowa for the same period at 264, we have the average of the whole tribe for that period as 1,504 entitles to share in the annuity payment. On this basis those in Kansas should have received only 1240/1504 of $818,9115.42, equal to $675,169.62; and those in Iowa should have received 264/1504 of $818,915.42, which is equal to $143,745.80; total, $818,915.42.

In this letter to counsel of November 20, 1894, furnishing information on this subject, the Commissioner of Indian Affairs says:

I have to state that the records of this office fail to show that any annuities were paid to the Sacs and Foxes in Iowa prior to 1867.

Those members of the tribe residing in the State of Iowa, having received no portion of the tribal annuities for that period, form 1853 to 1866, both inclusive, they claim that they have been grievously wronged and unjustly treated, and that their claim for their proportionate share of the tribal annuities and other funds for that period should be adjusted, and payment of what is due to them of said annuities, with interest thereon, be made to them form the funds of the tribe. There is therefore due the Sacs and Foxes of Iowa on this account said sum of $143,745.80.