Sunday, January 21, 2018

On This Date in Minnesota History: January 21

January 21, 1909 – Minnesota won the final fight for approximately $6,000,000 worth of lands, in a hearing lasting less than half an hour before Secretary Garfield of the Interior Department, this morning in the historic swamp land cases, which have been in controversy for many years. The state was awarded immediate title  to 23,000 acres of land, valued at about $2,000,000 and a plan was agreed to that result in the award to the state of approximately 200,000 acres of land include in the various Indian reservations.

As a result of the hearings today, it is determined that the rights of the Indians to swamp lands in controversy are practically disposed of. The ownership of the lands, therefore, lies between the government and the state of Minnesota, with the Indians interested as wards of the United States and not as original owners.

Secretary Garfield decided today that the lands must all be re-examined to determine whether they are swamp. All lands that are found to be swamp will be patented to the state of Minnesota, and in line with this decision the secretary ordered that 23,000 acres that have already been examined should be turned over to the state at once.



James R. Garfield, son of President Garfield, served as President Roosevelt’s Secretary of the Interior from 1907-1909.1


In addition to this, the secretary decided also that the state is entitled to all swamp lands in the reservations, whether they were originally designated as swamp lands or not. As a result of this ruling, all lands in the reservations of the Chippewas, the Winnibagoshish and the White Earth Indians will be re-examined and as fast as the swamp lands are located they will be patented to the state.

Senators Nelson and Clapp, Attorney General Simpson and State Auditor Iverson appeared in behalf of Minnesota at the hearing. With Secretary Garfield were Assistant Secretary Pierce, Assistant Attorney General Woodruff and Commissioner Bennett of the land office.



Senator Moses Clapp2


Senator Nelson made the principal argument for the state and Senator Clapp presented the request for the immediate patenting of the lands.



Senator Knute Nelson3


 “We consider it a great victory for Minnesota,” said Mr. Iverson. “The state’s original contention that the swamp lands should be determined by the field notes of the original of survey was not upheld because of the interest which the Indians may have in the lands. We obtained, however, an equal chance to secure swamp lands which had previously been awarded to the Indians as dry lands, but which may prove to be swamp when examined. We secured also immediate title to the lands as fast as they are examined.”


“The state has been rendered inestimable service in the entire proceeding by Senators Clapp and Nelson,” said Attorney General Simpson.

The Minneapolis Tribune; “Swamp Land Is Given to State. $6,000,000 Award Is Made by Secretary Garfield at Washington. Indians Interested Only as Wards of United States. 177,000 Acres Will First Have to Be Examined.”; Jan. 22, 1909; p. 1.
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It was not until June 2, 1924, that Congress granted citizenship to all Native Americans born in the U.S.

However, even after the Indian Citizenship Act, some Native Americans weren't allowed to vote because the right to vote was governed by state law. Until 1957, some states barred Native Americans from voting.
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1
https://pbs.twimg.com/media/DGvm11vXUAA57Ci.jpg

2https://en.wikipedia.org/wiki/Moses_E._Clapp#/media/File:MosesClapp.jpg

3https://en.wikipedia.org/wiki/Knute_Nelson#/media/File:Knute_Nelson_cph.3a45938.jpg

4http://www.americaslibrary.gov/jb/jazz/jb_jazz_citizens_1.html
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