On July 13, 1892, the United States Congress established a commission consisting of Indian Commissioner Porter McCumber, John W. Wilson, and W.W. Flemming. Working with United States Indian Agent John Waugh they sought to negotiate with the Pembina Chippewa Chief Little Shell III and his Grand Council for the cession and relinquishment of their lands claimed in the Dakota area which were protected under the 1863 Old Crossing Treaty. This was done hastily as the U.S. had unlawfully created reservations on unceded Pembina land, were selling unpurchased Pembina lands to American Settlers and had included them as well in the State of North Dakota in 1889, without U.S. holding title to the land. Following the refusal of Chief Little Shell III to accept the agreements that the U.S. commissions of 1889, 1891 and 1892 had presented, the U.S. unlawfully used a created Council of 32, of non-Pembina Chippewa members to sign the McCumber document illegally, while 1863 Old Crossing Treaty signatories were still alive, which Congress would not ratify until 1904, after the death of Chief Little Shell III in 1903.
Read the Rebuttal of Little Shell III