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The 1863 Pembina Old Crossing Treaty

Historical Context and Significance

The 1863 Pembina Old Crossing Treaty extended the failed 1851 Pembina Treaty. The US aimed to acquire 11 million acres in Northern Minnesota, owned by the Little Shell Chippewa, Red Bear Pembina Chippewa, and Red Lake Chippewa.

Red Bear was assured a reservation, which has yet to be granted. This treaty is crucial for understanding historical land rights and promises to the Chippewa tribes.

Review the negotiations and the final treaty with the 1864 addendum for full understanding. The discussions highlight the complexities during the negotiations.

The 1864 addendum clarifies aspects not fully addressed initially. Examining both documents is essential to grasp the commitments and expectations.

Understanding these treaties sheds light on persistent land rights issues and promises to the Chippewa tribes. Efforts to secure Red Bear's promised reservation reflect the broader struggle for justice faced by indigenous communities.

The 1863 Pembina Old Crossing Treaty and its 1864 addendum are pivotal in US-Native American relations, reminding us of the need for continued advocacy to honor commitments to the Chippewa tribes.

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Tribal Governance

Statement of Qualified Authority and Heritage

The Red Bear Band of the Pembina Chippewa Tribe holds qualified authority under the 1971 Act of Congress Bill H.R. 6072, Report No. 142-92, as signatory heirs. The Pembina Descendants Committee has identified the Red Bear Chieftain Bloodline families as follows:

At Red Lake Reservation: Rosebear, Cobenais, Waybenais, Kingbird, Cloud, Wind, Desjarlais

At Turtle Mountain Reservation: Montrieul, Caribou, Grandbois, Bushie, Nadeau, Frederick, Brunelle, Decoteau, Bottineau, Desjarlais, Grant

Current leadership of the Red Bear Band are the merged lines of the Montrieul, Caribou, Brunelle, Decoteau, Bottineau, Desjarlais, and Grant families, forming the principal line of the Red Bear family and Doodem Adik.

The Hereditary Council is composed of descendants of the Meeks, Brunelle, Lambert, Barker and Taylor families, the principal line of the Pembina band.

The Tribal Governance operates through a Hereditary Council that oversees executive, legislative, and judicial related matters. This council ensures the continuation of traditional governance and decision-making processes.

The council members are chosen based on their lineage and adherence to the customs and traditions of the Red Bear Band. They are responsible for maintaining the cultural heritage and ensuring the rights of the tribe are upheld.

A reservation made to Red Bear, Chief of the Chippewas, by provision of ninth article of the treaty of October 2, 1863.

Read the Direction From the Secretary of the Interior not followed by the Bureau of Indian Affairs

another record of an American Treaty commitment not kept

Commentary:
In August 2023, the District Court of Washington D.C. issued a judgment concerning the Pembina Band's request for a temporary restraining order (TRO) against the Turtle Mountain Band's land sale under the 1892 McCumber Agreement. This agreement was to be settled through the Pembina Judgment Settlement, which combined provisions from the 1863 and 1892 treaties. The TRO was filed by Chief Dennis Lambert (Ogimaa Ma'lingaan) and Chief David Taylor (Ogimaa Midegah Ogichidaa) to seek an official declaration on whether the sale of Turtle Mountain land infringed upon the rights of the Red Bear Pembina Band, whose rights were established in 1863 within the bounds of the 1892 land sale.

The District Court ruled that the land sale did not infringe upon the rights of the Red Bear Pembina families. It affirmed their right to pursue civil action, thereby validating the endurance of their rights. Consequently, the court released funds to the Turtle Mountain Band for the sale of an astonishing 9.5 million acres at the price of 10 cents per acre, a transaction they pursued even in the modern era, thereby giving away their inheritance for pennies.

---Reservation to Red Bear, Chief of the Chippewas---

A reservation was designated for Red Bear, Chief of the Chippewas, under the provisions of the ninth article of the treaty dated October 2, 1863. This matter was addressed in a letter from the Secretary of the Interior, dated March 7, 1872, which was subsequently referred to the Committee on Indian Affairs and ordered to be printed.

---Details of the Reservation---

The reservation was initially intended to be located on the north side of the Pembina River. However, the Commissioner of Indian Affairs recommended an amendment allowing Red Bear to select his reservation on both sides of the river, as indicated by the accompanying plat.

---Challenges Faced by Descendants---

Despite the clear designation of a separate reservation, descendants of Chief Red Bear have been compelled to enroll in the Red Lake and Turtle Mountain Reservations. As a minority within these communities, they have faced significant hardships while awaiting the fulfillment of their distinct treaty rights. This situation underscores the ongoing struggle for recognition and the realization of their unique entitlements.

Furthermore, the separate reservation location, distinct from Red Lake or Turtle Mountain, was ordered and outlined under two treaties—the 1863 Old Crossing and the 1892 McCumber Agreement. These treaties serve as proof that the Pembina Band of Red Bear is separate and distinct in award from Turtle Mountain and Red Lake. This distinction was upheld by the United States Court of Claims and the Indian Claims Commission between 1964 and 1970, further confirmed by a Congressional Resolution in 1971, and reinforced by a separate Pembina Band roll conducted by the Bureau of Indian Affairs in 1971.

---Congressional Action---

The Secretary of the Interior, C. Delano, transmitted the recommendation to Congress, urging favorable consideration of the proposed bill. This bill would authorize Red Bear to make his selection in accordance with the outlined provisions.

---Historical Context---

The United States Congress, Supreme Court, Indian Claims Commission, and the United States Court of Claims have recognized the Pembina Band of Red Bear, Little Shell Band, Red Lake Band, and Turtle Mountain Band as distinct and separate entities with respect to Congressional Treaty Rights. As stated in the landmark cases Peoria Tribe of Indians v. United States, 169 Ct. Cl. 1009 (1965) and Thompson v. United States, 122 Ct. Cl. 348, 357-58, 359-61 (1952), cert. denied, 344 U.S. 856: "A group of descendants of a once-organized tribe or band is a proper identifiable group."

While the Congressional recognition and requirements are not fully implemented by the Executive Branch, these required commitments are not forgotten. The legacy and authority of the Red Bear Chieftainship continue to endure, even as their descendants persevere through adversity.

Read the Secretary of the Interiors direction at the request of the Speaker of the U.S. House of Representatives

Federal Recognition

recognized by the U.S. Congress, U.S. Supreme Court, ICC and CFC

Federal recognition of the Pembina Band of Red Bear comes from various branches of the U.S. Government:

Congressional Recognition:

1863 Old Crossing Treaty (Article 9): A reservation for Chief Red Bear.
1892 McCumber Agreement (Article 8): A reservation for Chief Red Bear, separate from the Turtle Mountain Chippewa.
1971 Act of Congress Bill H.R. 6072 Report No. 142-92: Identified the Authorized Red Bear Chieftain families.

Judicial Recognition:

1964/65 United States Court of Claims: [Red Lake v. United States, 164 Ct. Cl. 389] and Red Lake and Pembina Bands v. Turtle Mountain Band of Chippewa Indians, 173 Ct. Cl. 928.

Supreme Court Ruling:

Turtle Mountain Band of Chippewa Indians v. United States, 490 F.2d 935, 953-54, 203 Ct.Cl. 426, 456-59 (1974): The Turtle Mountain Chippewa do not represent other groups.

General Declaration:

The United States Congress, Supreme Court, Indian Claims Commission, and the United States Court of Claims have declared the Pembina Band, Little Shell Band, Red Lake Band, and Turtle Mountain Band as separate and recognized entities in relation to Congressional Treaty Rights, stating: "A group of descendants of a once-organized tribe or band is a proper identifiable group." Peoria Tribe of Indians v. United States, 169 Ct. Cl. 1009 (1965) Thompson v. United States, 122 Ct. Cl. 348, 357-58, 359-61 (1952), cert. den., 344 U.S. 856

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Honoring the Legacy of Ogimaa Ma'lingaan (1943-2024)

remembering the legacy of Albert Dennis Lambert

In Memory of Chief Albert Dennis Lambert (1943-2024)

Chief Albert Dennis Lambert's life was marked by distinguished service and unwavering leadership across multiple domains.

Military Service

Chief Lambert honorably served as a Vietnam Veteran in the United States Marine Corps, where he earned the Purple Heart for his bravery and sacrifice.

Tribal Leadership

As the Patriarch of the Red Bear Pembina Chippewa Chieftain family, Chief Lambert was the eldest Pembina Band treaty signatory representative. He played a pivotal role in representing the 1863 Treaty of Old Crossing under congressional law (1971 Res. 6072 Report 142-92). He was an enrolled member at the Turtle Mountain Reservation and a staunch advocate for treaty rights, including the fulfillment of reservation for the Red Bear Family as outlined in Article 9 of the 1863 Treaty of Old Crossing and Article 8 of the 1892 McCumber Agreement. It is the lack of this fulfillment that resulted in the Red Bear family waiting at the Red Lake and Turtle Mountain Reservations for their promised treaty rights.

Education and Entrepreneurship

Chief Lambert graduated from Chaminade University of Hawaii and became renowned as one of the most successful American Indian entrepreneurs in the Energy and Oil industries. He served as the Group Chairman at the International Reserve Depository Institute, Inc., and IRDB Hong Kong Ltd. His professional and personal motivation was always dedicated to the betterment of all Indigenous people.

Leadership and Advocacy

As a national and international leader, Chief Lambert was influential in Indigenous economic and business development. He was a passionate advocate for Indigenous sovereignty, emphasizing the restoration of traditional governance within tribal communities and encouraging the next generation to assume leadership roles.

Political Involvement

Chief Lambert was once considered for the position of Under Secretary of the Department of the Interior. He was quickly dismissed from consideration after advocating for the dismantling of the Bureau of Indian Affairs during his interview, naming it his first priority if selected.

Retirement

In 2024, Chief Lambert concluded his illustrious career as the Group Chairman of the International Reserve Depository Institute, Inc.
Chief Lambert's contributions to his community and country are remembered with great respect and admiration.

His legacy continues to inspire and guide future generations.