Dean Roscoe Pound of the Law School returned yesterday from service on the Board of Arbitration of British-American Affairs, and will permanently resume his duties in Cambridge.
Dean Pound has been actively engaged in Washington ever since his appointment by President Coolidge in October, and has only spent a brief time in Cambridge, during the Christmas vacation period. He returned to Washington on January 10, and has since been considering a very important case which came up before the Board.
Senator Nerinx Neutral Arbitrator
Serving on the tribunal with Dean Pound were Senator Albert Nerinx, Professor of Law at Louvain, and Senator of the Kingdom of Belgium, and the Right Honorable Sir Charles Fitzpatrick, who represented the English. During the session before Christmas many important points of controversy were settled, and since then the Board has been chiefly concerned with a peculiar claim set forth by the British in behalf of the Cayuga Indians.
In 1789 the United States made a treaty with the Cayuga Indians, agreeing to pay the "Cayuga Nation" $500 a year for land which had previously been purchased. By the treaty a reservation was provided for them near Cayuga Lake in New York State. The Indians claimed that they had been represented by "women and boys" in the diplomatic action which took place. Two more treaties were formulated in 1790 and 1795. By the second treaty the Government agreed to pay the Indians $2300 a year "forever."
War Divided Cayuga Tribe
On the eve of the War of 1812 the Cayuga Nation divided, half of them fighting on each side in the war. Since half the Indians fought against the United States, they could not come over and claim their share of the annual payments.
By the Treaty of Ghent in 1814 the United States agreed to restore to the Indians all the rights which they had enjoyed in 1811. Great Britain claimed that the Canadian Cayugas had kept up the tribal organization, and were entitled to the whole amount since 1810 and in the future. They claimed $1,000,000 with interest. The United States claimed that it was for New York to determine what the "Cayuga Nation" was, and that the Treaty of Ghent did not enter into the case.
Tribunal Gives Indians $100,000
The Tribunal finally decided to award the Canadian Cayugas the sum of $100,000, a tenth of what they had asked. This sum is to be held by the Canadian and British governments. It was held that the Treaty of Ghent promised to put them where they were before the war of 1812, when they received their share, but that the payments made by New York in good faith from 1810 to 1842, before the claim was brought before the New York Legislature should stand.
Among the list of witnesses in the records of the case appear the names of several Indians who took part in the arguments. "The Cow's Rib," "He Who Puts His Foot in it," "He Who Has to fall," and "Ged Almighty" were only a few of the names which appear, followed by "his mark."
Reads Title Page of his Own Book
The chief thing which startled me on arriving back in Cambridge," said Dean Pound to a CRIMSON reporter, "was that my book the "Spirit of Common Law" had been translated into Japanese, and two copies had been sent to me. I have spent quite some time trying to decipher my name, and have at last succeeded." He showed a copy of the new translation with its hieroglyphic heading, and said that he had failed to peruse it further.