Introduction

Documents for review: 1863 1864 1872

Original Treaty of 1863 signed and stamped by President Abraham Lincoln.

The treaty rights of the Red Bear Pembina Chippewa Indians are protected under federal law and remain in full force.

Under United States law, treaty rights are vested property rights that may only be extinguished by a clear and explicit act of Congress. No such act has ever terminated the rights of the Red Bear Pembina family.

Accordingly, these rights remain legally valid and enforceable.

Treaty Foundation

The Red Bear Pembina Chippewa treaty rights originate in binding federal agreements, including:

  • 1789 Treaty of Fort Harmar
  • 1863 Treaty of Old Crossing (ratified 1864)
  • 1864 Supplemental Articles

These treaties established:

  • Recognition of the Pembina Band as a sovereign party
  • Land cession in exchange for compensation and protections
  • Ongoing federal obligations to identifiable bands and families

These treaties remain part of the supreme law of the United States.

3. The 1892 McCumber Agreement

In 1892, the United States negotiated an agreement with the Turtle Mountain Band involving the cession of large areas of land.

However:

  • The Red Bear family did not sign or consent to this agreement and they were offered first due to their rights west of the Red River established in 1863.
  • Their rights were therefore not ceded or extinguished
  • Provisions preserved rights associated with the prior reservation from the applying article of the 1863 Treaty.

Because consent was not given, this agreement does not apply to or extinguish Red Bear Pembina rights.

4. Judicial Determination (1964–1965)

The United States Court of Claims addressed Pembina-related claims in decisions issued in 1964 and 1965.

These rulings established that:

  • Red Lake, White Earth, Turtle Mountain, Little Shell Pembina, and Red Bear Pembina consisted of distinct, identifiable groups
  • Descendant groups remain valid legal claimants
  • Rights may persist through lineage independent of later federal recognition

The Court confirmed that a group of descendants of a once-organized tribe or band constitutes a proper identifiable claimant group.

This directly supports the standing of the Red Bear lineage.

5. Congressional and Legal Clarifications

Subsequent federal actions addressed questions of succession and competing claims:

  • The 1971 Congressional appropriation process confirmed limits on claimants
  • 1974 litigation involving Turtle Mountain, Pembina, and Red Lake reaffirmed separation of claims and that no one group speaks for the other groups as they have separate treaties, Turtle Mountain in 1892, Red Lake in 1889, White Earth in 1867, Little Shell in 1863 and Red Bear in 1863.
  • These actions confirmed that treaty rights tied to specific lineages cannot be assumed by other groups

No federal action has authorized transfer or reassignment of Red Bear family rights.

6. Status of Red Bear Pembina Rights

Based on treaty law, federal court decisions, and congressional action:

  • The rights were not extinguished by treaty or agreement
  • The rights were not terminated by Congress
  • The rights are specific to an identifiable lineage

7. Conclusion

The legal position is clear:

The Red Bear Pembina treaty rights remain intact, unextinguished, and protected under federal law.

They continue to exist unless and until Congress expressly terminates them.nnected to their rich legacy.

Historical Records

1863 Old Crossing Treaty

  • Date: October 2, 1863
  • Key Provisions:
    • Perpetual peace and friendship
    • Land cession and annuity payments
    • Reservation allocations for chiefs

1864 Supplementary Articles

  • Date: April 12, 1864
  • Key Provisions:
    • Adjusted annuity payments
    • Provision of supplies and personnel for 15 years
    • Issuance of scrip to mixed-blood individuals

1872 Correspondence on Red Bear’s Reservation

  • Date: March 8, 1872
  • Key Points:
    • Challenges in securing a contiguous reservation for Red Bear
    • Recommendation for legislative authorization to select land on both sides of the Pembina River

These records are essential components of the Pembina Chippewa Band’s historical narrative, documenting the commitments and challenges faced over the years. They serve as a testament to the band’s enduring sovereignty and cultural resilience.