In 1849 the "needs" of the white settlers on the east side of the Mississippi made it imperative that the Sioux should be again removed from their lands. "The desirable portions of Minnesota east of the Mississippi were already so occupied by a white population as to seem to render it absolutely necessary to obtain without delay a cession from the Indians on the west side of the river, for the accommodation of our citizens emigrating to that quarter, a large portion of whom would probably be compelled to precipitate themselves on that side of the Mississippi."
Commissioners were accordingly sent to treat with the Indians owning these desired lands. In the instructions given to these commissioners there are some notable sentences: "Though the proposed purchase is estimated to contain some twenty millions of acres, and some of it no doubt of excellent quality," there are "sound reasons why it is comparatively valueless to the Indians, and a large price should not be paid for it." Alive to the apparent absurdity of the statement that lands which are "absolutely necessary" for white farmers are "comparatively valueless" to Indians whom the Government is theoretically making every effort to train into farmers, and who have for the last ten years made appreciable progress in that direction, the commissioner adds, "With respect to its being valuable to the United States, it is more so for the purpose of making room for our emigrating citizens than for any other; and only a small part of it is now actually necessary for that object. *** The extent of the proposed cession should be no criterion of the amount that should be paid for it. On a full consideration of the whole matter, it is the opinion of this office that from two to two and a half cents an acre would be an ample equivalent for it." Some discretion is left to the commissioners as to giving more than this if the Indians are "not satisfied;" but any such increase of price must be "based on such evidence and information as shall fully satisfy the President and Senate."[22]
"Chrysostom was of opinion, and not without reason, that, in contracts, as often as we strive earnestly to buy anything for less than it is worth, or to have more than our just measure or weight, there was in that fact a kind of theft."—GROTIUS _on Contracts_.