Peronto And The Theft of Fargo
The City of Fargo, North Dakota was initially settled in 1871, in conjunction with the construction of a railroad crossing over the Red River of the North.
Before settlers were given broad legal permission to settle the Northern Plains, large portions of Dakota Territory were used as indian reservations. The land that the city of Fargo now occupies was within the Sisseton, Wahpeton, Sioux, and Bannock Indian Reservation. The reservation was still present at the time of initial settlement of the lands now occupied by the City of Fargo, but an 1873 treaty released the land to settlers. According to the original 1872-drafted agreement, indians interested in cultivating the land rather than moving to Devils lake could homestead, with similar rules as the white settlers, and get up to 160 acres of land if they cultivate at least 1/8 of the land "upon any particular location" for five years.[1] On 14 February 1873, however, the US Government struck out the portions of the treaty which allowed land grants for homesteading. The first of ten $800,000 payments was allocated, but could not be spent until the tribes ratified the amended version. The tribes accepted the amended version on 19 May 1873, and the amended treaty was confirmed by act of Congress on 22 June 1874.[2]
The land that Peronto claims was due to him were the north half of the northeast quarter and the northwest quarter of the northwest quarter of section 7, township 139, range 48. This land is roughly a seigneurial system long-lot-style river plot, approximately outlined by NP Avenue on the north, 10th Street on the west, 3rd Avenue South, and 2nd street on the east.[3]
Peronto was not, however, a member of the tribe whose land he settled upon, although he had obtained the tribe's permission to settle there. Peronto claimed he was given permission to own the land and that the tribe intended to give him title to the land once the treaty converted the tribal property to public lands.
Peronto passed away in early September, 1883, at the Cass County hospital. At this time, Peronto's case was being heard by the territory's supreme court. Peronto was survived by a daughter who, if the case was won, would inherit the disputed part of Fargo.[4]
After Peronto's death, the appeal continued through the courts, being heard by the US Supreme Court as Buttz v the Northern Pacific Railway Company. Buttz was Peronto's lawyer and executor.[5]
References
- ↑ http://digital.library.okstate.edu/kappler/Vol2/treaties/sio1059.htm, "AMENDED AGREEMENT WITH CERTAIN SIOUX INDIANS, 1873."
- ↑ http://digital.library.okstate.edu/icc/v36/iccv36p484.pdf 36 Ind Cl Comm 472, September 25, 1975 (and other sources)
- ↑ Note that the legal description above only contains 120 acres. If Peronto's land were extended to the river, as usual in signeurial land allotment, to include a portion of the northwest quarter of the northwest quarter of section 8 as well, the land would be closer to 160 acres, but still short by twenty or so acres.
- ↑ "Millions In It", Janesville Daily Gazette, Janesville WI, 3 Sept 1883.
- ↑ See http://openjurist.org/119/us/55 .
