Aniibiminani-ziibiwininiwag "The people of the high-bush cranberry river"
The 1863 Pembina Old Crossing Treaty
Historical Context and Significance
The 1863 Pembina Old Crossing Treaty represents a major turning point in the nation-to-nation relationship between the United States and the Pembina Chippewa and related Chippewa communities. Building on earlier efforts, the U.S. sought to acquire roughly 11 million acres in Northern Minnesota—homelands long held and used by Chippewa peoples, including the Pembina leadership associated with Chief Red Bear Misko-Mukwuh. During these negotiations, Red Bear was assured a reservation, a commitment that became central to later land-rights advocacy because it reflected explicit promises tied to the land cession. To fully understand what the U.S. committed to—and what the Chippewa expected in return—this treaty must be read alongside the 1864 addendum, which clarified key terms not fully addressed at first. Today, the treaty’s legacy underscores enduring Pembina Chippewa claims for the recognition and fulfillment of historic obligations, and it remains a crucial record of both the tribe’s sovereignty and the promises that must be honored.
PEMBINA CHIPPEWA BAND SENIOR CHIEF
OGIMAAKWE NIBWASKAA AH-KI' OJIBWEKWE OGICHIDAA
Ah-Dik Songab Do-Daun Ogimaakwe
Reindeer Clan Traditional Chief
2/10/18 - Turtle Mountain Lodge, ND
Pembina Midē´wigân Lodge Wâbĕnō´
Senior Midē´wiwin High Priest
03/21/20 - Turtle Mountain Lodge, ND
1863 Treaty of Pembina at Old Crossing
Acting Treaty Chief
03/21/20 - Turtle Mountain Lodge, ND
FEDERAL RECOGNITION
Recognized by U.S. Congress, U.S. Supreme Court, ICC and CFC
The Pembina Band’s federal recognition and “identifiable group” status is reflected across multiple parts of the U.S. Government record, including treaty text, Acts of Congress, Indian Claims Commission proceedings, and federal court decisions.
1. Treaty and Congressional Recognition
(Federal Statutes and Treaty Commitments)
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1863 Old Crossing Treaty (Article IX): The treaty text provides that, “upon the urgent request of the Indians,” the United States would “set apart” a 640-acre reservation for Chief “Red Bear” on the north side of the Pembina River (alongside a 640-acre reservation for Chief “Moose Dung” near the mouth of Thief River).
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1971 Act of Congress (H.R. 6072, Public Law 92-59; 85 Stat. 158): Congress enacted a distribution law for judgment funds tied to Indian Claims Commission dockets (18-A, 113, and 191). The statute directed the Secretary of the Interior to prepare a roll of living lineal descendants of the Pembina Band as constituted in 1863 and to distribute/apportion judgment funds under that framework.
2. Indian Claims Commission (ICC) and Federal Claims Process
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Indian Claims Commission proceedings recognized and processed claims involving the Pembina Band/descendants as a distinct “identifiable group” for claims purposes, with subsequent federal court review of representation and distribution disputes.
3. Judicial Recognition
(U.S. Court of Claims and Related Federal Decisions)
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Red Lake, Pembina & White Earth Bands v. United States, 164 Ct. Cl. 389 (1964): The Court of Claims upheld the judgment and addressed issues connected to the ICC award and related administration of the claim.
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Red Lake & Pembina Bands v. Turtle Mountain Band of Chippewa Indians, 173 Ct. Cl. 928; 355 F.2d 936 (1965): The Court of Claims addressed disputes about who could represent the Pembina descendants in the consolidated ICC matters and affirmed recognition of the Pembina descendants as an “identifiable group,” rejecting attempts by organized tribal entities to exclude them from participation.
4. “Representation” Principle
(No Single Group Automatically Speaks for All)
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Turtle Mountain Band of Chippewa Indians v. United States, 490 F.2d 935 (Ct. Cl. 1974): This Court of Claims decision (not U.S. Supreme Court) is part of the federal case law addressing Chippewa claims and reinforces that representation and entitlement in these matters is determined by the legal record and the specific claimant group(s), not by assumption that one organized tribe represents every related community.
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General “Identifiable Group” Rule in Federal Claims Law
Federal claims decisions recognize that “a group of
descendants of a once-organized tribe or band” can be
treated as a proper, identifiable claimant group in Indian
claims matters, depending on the record and the specific
claim.
MIDĒ´WIWIN WâbĒnō´MESSAGE
Gichi-Ogimaakwe Nibwaskaa Ah-Ki' Ojibwekwe Ogichidaa
TRIBAL GOVERNANCE
HEREDITARY LEADERSHIP
JIISAKIWININI DENNIS LAMBERT
November 1943 - October 14, 2024
The High Priest of the Midē´wiwin and LINEAL grandchief of the Pembina Chippewa Band. Named Nibwâskââ and called her as successor Ogimaakwe of his sister Patricia.
OGIMAAKWE PATRICIA BRUNELLE
February 10, 1939 - January 18, 2020
OGIMAAKWE of The Pembina Chippewa Band. Named Nibwâskââ as an Ogimaag of the Pembina Band, keeper
of the land and protector of history.
PEMBINA CHIPPEWA BAND LINEAL HISTORIC LEADERSHIP
OGIMAAKWE Succession
9. Nibwâskââ Ah-Ki' Ojibwekwe Ogichidââ
7. Mary Albina Brunelle (Dejarlais)
6. Julianne Brunelle (Montreuille)
5. Margaret Machequayaince Ah-Dik Songab Do-Daun
4. Marie Techomegood Ah-Dik Songab Do-Daun
3. Marguerite Utinawasis Ah-Dik Songab Do-Daun
2. Claire Équaywid Ah-Dik Songab Do-Daun
1. Tisanti Eshipequag Wáȟpe šá
OGIMAAG Succession
13. Wâbĕnō´ Nibwaskaa Ah-Ki' Ojibwekwe Ogichidaa
12. Jiisakiiwigaan Ogimaa Ma'Lingaan Dennis Lambert
11. Jiisakiiwigaan Elmer Patrice Brunelle
10. Jiisakiiwigaan Patrice Francis Brunelle
9. Jiisakiiwigaan John Baptiste Brunelle "Little Clam"
8. Jiisakiiwigaan Joseph Montreuil "Heir of Alexander"
7. Jĕs´sakkīd´ Pierre Decoteau Misko-Mukwuh Red Bear I
6. Jiisakiiwigaan Mamaangĕzide "Big Foot"
5. Jĕs´sakkīd´ Kaŋgidaŋ Mdokečiŋhaŋ, Little Raven I
4. Jĕs´sakkīd´ Red Cap Wáȟpe Šá I
3. Jĕs´sakkīd´ Delonaise Atetaŋkawamduška Wáȟpe Šá
2. Jĕs´sakkīd´ Wakaŋtoŋpi Wáȟpe Šá Snow Mountain
1. Jĕs´sakkīd´ Wa'psha Du'ta Red War Bonnet Wáȟpe Šá
Ah-Dik Do-Daun: Record of the Reindeer Dynasty and
The Book of Ma'Lingaan together form a paired tribal record—one preserving ancestral governance, lineage, and the long arc of the Reindeer Dynasty, and the other offering a modern sacred witness of Indigenous memory, spiritual endurance, and identity. Presented in the style of traditional records, these works safeguard names, teachings, and responsibilities carried through generations, affirming the continuity of the people through trade, diplomacy, prayer, and survival under colonial pressure. As a cultural archive and spiritual testimony, they invite descendants and readers to understand where the people come from, what was endured, and what duties remain: to protect truth, honor the ancestors, reclaim voice and language, and carry forward the living responsibilities of the tribe.
RESERVATION TO RED BEAR
Reservation Promised to Pembina Chippewa Band
Under Article IX of the October 2, 1863 Old Crossing Treaty, the United States committed to “set apart” a reservation for Chief Red Bear on the north side of the Pembina River. This treaty promise later appeared again in federal records, including a March 7, 1872 communication from the Secretary of the Interior that was referred to the Committee on Indian Affairs and ordered printed—another example of a documented treaty commitment acknowledged in Washington, yet left unresolved in practice.
Direction from the Secretary of the Interior not followed by the Bureau of Indian Affairs
Federal correspondence and agency recommendations show that the reservation’s location and implementation were actively discussed within the federal system. While the original reservation was intended for the north side of the Pembina River, the Commissioner of Indian Affairs recommended an amendment that would allow Chief Red Bear to select the reservation on both sides of the river, as reflected by an accompanying plat. These administrative steps demonstrate that the reservation was not merely symbolic; it was treated as a real, locatable obligation requiring federal action.
Another Record of an American Treaty Commitment Not Kept
Despite clear treaty language and subsequent federal acknowledgment, descendants of Chief Red Bear have often been compelled—by circumstance and by administrative reality—to enroll within other reservation systems while awaiting fulfillment of their distinct treaty-based entitlement. As a smaller community within larger reservation populations, families have endured persistent hardship and delays while maintaining that the original promise remains part of the United States’ obligations. The continued gap between written commitments and real-world delivery underscores a broader pattern in treaty history: promises recorded in law are too often postponed, redirected, or left incomplete.
Recognition of Separate Identity in Federal Claims and Distribution
Federal claims proceedings and later federal actions have repeatedly treated descendant communities of historic bands as identifiable groups for purposes of claims, representation, and distribution—especially where the record supports distinct community continuity and treaty-era identity. Congressional action related to Pembina descendants—including the creation of a separate roll for eligible descendants in connection with judgment distributions—further reflects that Pembina descendants were addressed in federal processes as a definable group tied to historic treaty and band identity.
A Continuing Duty to Honor What Was Written
The treaty promise to Chief Red Bear and the subsequent federal records documenting proposed implementation are not simply historical artifacts—they are evidence of a responsibility the United States put into writing. While the requirements of Congress and the conclusions reflected in claims-era processes have not always been fully implemented through executive administration, the underlying commitments have not disappeared. The legacy of the Red Bear chieftainship and the endurance of its descendant families remain rooted in the documentary record, and the call for fulfillment remains a matter of law, honor, and historical justice.