The matter awaited the intervention of Delegate Rice, whose knowledge and skill in Indian affairs had obtained him influence in Congress. On July 17, 1854, a bill which had been introduced by him, providing for the survey of the Wabashaw reservation in Minnesota, “and for other purposes,” was approved. The “other purpose” was to give the President authority to issue certificates or scrip to individual Sioux half-breeds, under a _pro rata_ division of the tract. These certificates might be located on any lands of the United States, not reserved, unsurveyed lands included. In express terms the law forbade the transfer or conveyance of the scrip. The tract was surveyed, and in the course of two years 640 individual breeds were assigned 480 acres each. Later 37 persons obtained each 360 acres; in all 320,880 acres were disposed of. Very few of the beneficiaries settled on the reservation. In many cases the scrip went to pay traders’ debts, and in many others the beneficiaries got “dogs and cats” for it. White men who had taken half-breed wives profited most. The size of some families is remarkable.
The provision of law that no scrip could be transferred was evaded by the same means as those employed in handling Chippeway half-breed scrip. Two powers of attorney with the necessary affidavits worked a transfer, which the courts sustained. Sioux half-breed scrip which could be located on unsurveyed lands was soon in request, and served the purposes of the well-informed. A batch of it went to California to be located on forest and mineral lands. A moiety was used for the acquisition of town sites in Minnesota in advance of surveys. Another use involving some elasticity of conscience was the acquisition of pine timber without the inconvenience of taking the lands with it. A plan of “floating” scrip was worked out and prosecuted so habitually by men of good report that no dishonor attached to it. The holder of scrip under power of attorney would locate a piece, cut off the pine, and then discover that he had not dealt wisely for his half-breed principal. He would then obtain a cancellation of his location, place his scrip on another piece, and repeat the process until the surveys were made. As late as 1872 the commissioner of public lands issued a circular condemning this practice in vigorous terms.