Violation

Sandy Lake (1850): removal order and annuity relocation in breach of Ojibwe treaties

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

In 1850 an executive order and a payment moved to Sandy Lake left thousands of Ojibwe stranded in winter; about 400 died, MNopedia says.

Treaty
Treaty with the Chippewa (1837, 7 Stat. 536); 1842 treaty
Nations
Ojibwe (Anishinaabe), Lake Superior and Mississippi bands
When
1850
Land affected
Lives; security of residence in ceded territory; leverage that was converted into the 1854 reservation system.
Acreage
n/a
Legal aftermath
The 1850 order's treaty-rights revocation was held ineffective in Mille Lacs (1999), see V014. No compensation for the Sandy Lake deaths located.

What happened

In the Treaty of St. Peters (July 29, 1837; 7 Stat. 536), the Chippewa ceded a large tract. Article 5 guaranteed "the privilege of hunting, fishing, and gathering the wild rice" on the ceded lands "during the pleasure of the President." The 1842 treaty (La Pointe) let the Indians hunt on the ceded land "until required to remove by the President." Annuities under both treaties had been paid at La Pointe, Wisconsin.

MNopedia, from the Minnesota Historical Society, explains that on February 6, 1850, President Zachary Taylor signed an executive order cancelling the Lake Superior Ojibwe's land use rights and ordering them to leave Wisconsin and Michigan. They refused, citing promises at the 1842 treaty. Minnesota Territorial Governor Alexander Ramsey and sub-agent John Watrous then agreed to say the annuity would be paid only at Sandy Lake, and to delay it until waterways froze. The Ojibwe were told to expect payment on October 25, but Watrous did not arrive until November 24. Rations were spoiled, and the payment came in mid-December.

MNopedia reports about 400 died of starvation, disease and exposure: 167 at the camp by December 23, and by Ojibwe leaders' estimates another 230 on the walk home. It says Ramsey and Watrous "violated federal law" and received no punishment. Removal efforts ended in 1853. A new treaty at La Pointe in 1854 promised permanent reservations.

The Supreme Court looked at the 1850 order in 1999. It wrote that President Taylor's order "was ineffective to terminate Chippewa usufructuary rights," and that the State "has pointed to no statutory or constitutional authority for the President's removal order."

Good to know. The figure of about 400 deaths adds 167 counted at the camp to an Ojibwe leaders' estimate of 230 more on the walk home.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. Taylor signed an executive order cancelling the land usage rights of the Lake Superior Ojibwe.Sandy Lake Tragedy, MNopedia (Minnesota Historical Society)
  2. The privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory cededTreaty with the Chippewa, 1837 (St. Peters), 7 Stat. 536, Tribal Treaties Database
  3. The Indians stipulate for the right of hunting on the ceded territory, with the other usual privileges of occupancyTreaty with the Chippewa, 1842 (La Pointe), Tribal Treaties Database
  4. The State has pointed to no statutory or constitutional authority for the President’s removal orderMinnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999), Cornell LII

Research notes. Input named Ewing, Brown, "nearly 3,000 men," Chief Buffalo lobbying President Fillmore, and "12%" of the people; none were in the sources opened, so they are omitted. The 400 total is the sum of 167 and an Ojibwe leaders' estimate of 230, as MNopedia states; the input said 150 and 200-230. Note Watrous estimated as many as 150 dead on Dec. 10. Ojibwe bands (Mille Lacs, Bad River, Red Cliff, Lac Courte Oreilles, Lac du Flambeau, Fond du Lac and others) hold the history; their accounts were not consulted. The 1854 treaty text was not opened.

Treaty or agreementShapes from the 1899 federal record: approximate, not legal boundaries.

Who is doing the work

This history belongs to living nations. Start with them:

Working with these nations

Land return and Native-led work nearby

Native legal and land defense, nationally

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Connections

These links were matched automatically by name or date and have not yet been reviewed by a person.

Nations named 2

Located in 2

Concerns the instrument 2

Taken to court in 1

Policy era 1

Sources

  1. supreme.justia.com/cases/federal/us/526/172/legal text copy
  2. en.wikipedia.org/wiki/Sandy_Lake_Tragedypointer
  3. govinfo.gov/content/pkg/STATUTE-7/pdf/STATUTE-7-Pg536.pdfprimary record
  4. govinfo.gov/content/pkg/STATUTE-10/pdf/STATUTE-10-Pg1109.pdfprimary record
The record’s fields
What happened
Sandy Lake (1850): removal order and annuity relocation in breach of Ojibwe treaties -- Taylor-administration and Minnesota Territory officials (Ewing, Brown, Ramsey, Watrous) sought to move several Ojibwe bands west of the Mississippi. The fall annuity payment was moved from La Pointe, Wisconsin, to Sandy Lake, Minnesota, to strand the bands through winter. Nearly 3,000 men waited weeks; only part of the payment arrived and much food had spoiled. About 150 died at Sandy Lake and 200 to 230 more on the way home; about 400 total (roughly 12% of the people per one source). Chief Buffalo of La Pointe lobbied President Fillmore to cancel the order, leading to the 1854 treaty and permanent reservations. Article 5 of the 1837 treaty protected hunting, fishing and wild-rice gathering 'during the pleasure of the President'.
Kind
Violation
Confidence
Medium
Nation review
Not yet reviewed by this nation

Correct this record