Primary links

Charles J. Kappler Collection

Accession Number
3719941
Donor Name
Julia Kappler
Processor
Jon Ille
Access Restrictions on Use
Due to the fragility of the collection, the Archivist must approve all use prior to allowing a patron to make copies, scan, or photographs.
Preferred Citation of Materials
Charles J. Kappler Collection, Little Big Horn College Library and Archives, Crow Agency, MT, Series, Box, File

Physical Description

Linear Feet
12
Comprehensive Dates
1906-1968- Copies of older treaties and historical documents exist within the collection.
Materials Included
Correspondence, Congressional Legislation, Congressional Testimony, Tribal Council Minutes, Memorandum, Petitions to Congress and Federal Courts, Treaty Records, Federal Court Decisions, Tribal Histories as related to Legal Issues, and maps.
Organization of Materials
The collection is organized into series by Native Nation, personal material of Charles J. Kappler, or other court cases Charles J. Kappler served as counsel. Each series is organized chronologically while generally maintaining original order.

Provenance

The Charles J. Kappler Collection details the lawyer’s career over a forty year span 1906-1946. After Kappler’s death in 1946, the material resided with his son Charles T. Kappler in Washington DC. The Little Big Horn College Archives acquired the collection from his widow Julia in 1994.

Scope and Content

The collection covers the period from 1906 to 1946 and represents Kappler’s legal career in a wide range of cases. There is a small portion of material from after Kappler’s death in the collection. The collection includes materials produced working as a lawyer for a wide range of indigenous people including the Shoshone, Flathead, Blackfeet, Osage, Omaha, Wichita, Three Affiliated Tribes (North Dakota), Uintah Ouray (Ute), Ojibwe (Chippewa), Iowa, Potawatomi and Crow. Kappler also served as the lead lawyer in a claim by the state of California against the federal government regarding debt the state incurred during the Civil War. Finally, the collection also includes personal correspondence with friends and family. The overwhelming majority of the contents held is correspondence and related to restitution for land loss (claims) filed in the United States Court of Claims.

Biographical and/or Historical note

Charles J. Kappler was born in 1868 to Anton and Suzanna Kappler in Washington DC. He attended the local public schools in Washington DC and subsequently studied stenography and typing. He eventually gained employment as secretary for Senator William M. Stewart (R-Nevada). Stewart served as Chairman of the Senate Indian Affairs Committee, which brought Kappler into contact with issues facing Native communities for the first time.

During his tenure working for Senator Stewart, Kappler attended Georgetown University where he graduated with a LLB (Bachelors of Law) in 1896 and an LLM (Masters of Law) in 1897. Kappler gained admittance to the Washington DC Bar Association in 1896, although he continued to work for Stewart until 1903. In 1901 the Commissioner of Indian Affairs William A. Jones requested a compilation of laws, treaties, and executive orders. Stewart placed Kappler in charge of this endeavor, which culminated in the first volume of Kappler’s Indian Laws and Treaties in 1907. Kappler completed four more volumes while in private legal practice with the fifth volume published in 1938. After his death, two more volumes were published.

Once Kappler entered private practice in 1903, he entered into a partnership with Charles Merillat who already had experience working as counsel for Native communities. Kappler and Merrilat dissolved their partnership in 1913 and the two developed an at times acrimonious relationship, particularly in relation to the adjudication of Indian claims cases.

Kappler primarily worked in Indian law, but he also specialized in mining, oil, and land law. Over the course of his career, Kappler argued ninety one cases before federal courts. As a recognition for his service, the Crows adopted him in 1931. In a letter to Anthropologist Robert Lowie, James Carpenter Chairman of the Crow Tribal Business Committee noted that between one hundred and two hundred people attended the adoption ceremony in Hardin, Montana (Lowie, The Crow Indians, 1935, p.212.) Kappler continued to practice law until his death in 1946. He was survived by his wife Katherine and his children Charles T. and Suzanne.

Preservation and Processing Note

The Charles J. Kappler Collection is in an extremely fragile state due to the environmental conditions it was stored in for nearly fifty years. The collection is brittle due to humidity and most pieces of paper are very dirty due to the method of storage. The archivist has noted mold on many sheets of paper. During the initial processing of the collection, the archivist attempted to humidify the paper. However, this caused the dirt and mold to deteriorate the paper to an even greater extent. Due to the desire to allow patrons to use the collection, the archivist and librarian decided to process the collection in its current state with strict protocols surrounding access.

During the processing of the collection, the archivist took care to maintain original order as closely as possible to replicate the activities of Charles Kappler in his legal practice. Therefore, correspondence may not run in a strict chronological order as Kappler grouped letters in relation to a particular legal activity. For example, Crow material related to irrigation may have letters over the course of several months and they will be grouped together to reflect that activity. Therefore, series are grouped by year followed by the file number for that year.

  1. Series One: Personal Correspondence, Family Records, Books and Scrapbooks
    • This series includes Kappler’s correspondence not related to his legal practice primarily with family and acquaintances. The correspondence also emphasizes business transactions not related to his legal practice. There is also a will the he wrote for his sister and itemized list of her possessions. The series also has scrapbooks that document Charles J. and Charles T. activities including the elder Kappler’s adoption into the Crow Tribe in 1931 along with a personal copy of Kappler’s Indian Laws and Treaties, Vol. 5.
    • Box 1A
      1. Dissolution of Kappler and Merillat Legal Partnership, 1913
      2. Documents, Estate of Anne Kappler
      3. Scrapbook
      4. Scrapbook (Article on Kappler’s Adoption into the Crow Nation included)
      5. Grades, Charles J. Kappler, St. Albans School, Washington, DC
      6. WWII, U.S and Japan War Money
      7. Correspondence, 1919
      8. Correspondence, 1924-1926
      9. Correspondence, 1927
    • Box 1B
      1. Correspondence, 1930
      2. Correspondence, 1932
      3. Correspondence, Estate of Frances LaFleche, 1932-1934
      4. Traffic Case
      5. WWII, War Currency
      6. Personal Copy, Kappler’s Indian Laws and Treaties, Vol. 5
  2. Series Two: California Civil War Debt Claim
    • During the Civil War, California incurred a debt due to the California Militia going into New Mexico Territory in order to engage a group of Confederates who left Texas and threatened settlers in the Rio Grande Valley. The lack of federal troops in California necessitated increased use of the militia. California never received compensation and over time the state claimed that with interest the federal government owed them nine million dollars. Kappler worked as a lawyer for California on this case and actively lobbied members of congress to award the state compensation to no avail. Eventually, California’s claim made its way through the federal courts, but the Supreme Court rejected the claim in 1953. This series includes correspondence, House and Senate resolutions, and newspaper articles from the 1930s and 1940s.
    • Box 2A
      1. California Files, 1927
      2. California, Files, 1929
      3. California Files, Jan – May, 1930
      4. California Files, June, 1930
      5. California Files, July – Aug, 1930
      6. California Files, Sept. – Dec, 1930
      7. California Files, Jan. 1931
      8. California Files, Feb, 1931
      9. California Files, March, 1931
      10. California Files, April – Dec. 1931
    • Box 2B
      1. California Files, Jan. 1932
      2. California Files, March – May, 1932
      3. California Files, June – Dec. 1932
      4. California Files, Jan – Feb. 1933
      5. California Files, Mar. – Dec. 1933
      6. California Files, Jan – Feb. 1934
      7. California Files, Mar – April, 1934
      8. California Files, May, 1934
      9. California Files, June – Dec. 1934
    • Box 2C
      1. California Files, Jan – June, 1935
      2. California Files, July – Dec. 1935
      3. California Files, 1936
      4. California Files, 1937
      5. California Files, 1938
      6. California Files, 1942 – 1943
      7. Exhibits, California Claim, 1934
      8. Legislation Related to California Civil War Debt, 1901-1934
      9. Research, California Claim, 1
      10. Research, California Claim, 2
  3. Series Three: Crow
    • The Crow Nation hired Charles Kappler and Charles Merrilat as their attorneys in 1911. After the dissolution of their partnership, Kappler remained as the attorney for the Crows. The bulk of the material in the series consists of correspondence, legislation, memorandum, petitions and several maps. There is a great deal of historical research separated from the files to allow researchers access. The series includes material related to land claims, irrigation, and cattle.
    • Box 3A
      1. Crow Files, 1907-1909
      2. Crow Files, 1910
      3. Crow Files, Feb. – July, 1911
      4. Crow Files, Oct. – Dec., 1911
      5. Crow Files, Jan. – Feb., 1912
      6. Crow Files, 1914
      7. Crow Files, 1921
      8. Crow Files, 1926
      9. Crow Files, Jan. – April., 1927
      10. Crow Files, May – Dec., 1927
      11. Crow Files, Jan. – Aug., 1928
      12. Crow Files, Sept. – Dec., 1928
      13. Crow Files, 1929
    • Box 3B
      1. Crow Files, Jan. – June, 1930
      2. Crow Files, July – Oct., 1930
      3. Crow Files, Nov. – Dec., 1930
      4. Crow Files, Jan., 1931
      5. Crow Files, Feb., 1931
      6. Crow Files, Mar., 1931
      7. Crow Files, April 1931
      8. Crow Files, May 1931
      9. Crow Files, June 1931
      10. Crow Files, July 1931
      11. Crow Files, Aug., 1931
      12. Crow Files, Sept., 1931
      13. Crow Files, Oct., 1931
      14. Crow Files, Nov., 1931
      15. Crow Files, Dec., 1931
      16. Crow Files, Jan. – Feb., 1932
      17. Crow Files, Mar. – Dec., 1932
      18. Crow Files, Jan. – June 1933
      19. Crow Files, Aug. – Dec, 1933
    • Box 3C
      1. Crow Files, 1934
      2. Crow Files, May, 1935
      3. Crow Files, June – Dec, 1935
      4. Crow Files, 1936
      5. Crow Files, 1937
      6. Crow, Irrigation, Oct., 1931
      7. Crow, Irrigation, Nov., 1931
      8. Crow, Court of Claims Documents, 1931, 1
      9. Crow, Court of Claims Documents, 1931, 2
      10. Crow, Court of Claims Documents, 1931, 3
      11. Crow, Court of Claims Documents, 1931, 4
    • Box 3D
      1. Research, Court of Claims, 1
      2. Research, Court of Claims, 2
      3. Research, Court of Claims, 3
      4. Research, Court of Claims, 4
      5. Research, Court of Claims, 5
      6. Research, Court of Claims, 6
      7. Research, Court of Claims, 7
      8. Research, Court of Claims, 8
    • Box 3E
      1. Research, Court of Claims, 9
      2. Research, Court of Claims, 10
      3. Research, Court of Claims, 11
  4. Series Four: Flathead
    • This series includes a variety of information related to Kappler’s tenure working as an attorney with the communities on the Confederated Tribes of the Salish and Kootenai Tribes of the Flathead Reservation. The series is primarily correspondence but also includes legislation, petitions and council minutes. The series includes material produced after Kappler’s death in 1946 that dealt with payments for past legal work.
    • Box 4A
      1. Statement of Services Rendered, 1941-1943
      2. Files, Flathead, 1942
      3. Files, Flathead, Jan – Mar., 1943
      4. Files, Flathead, April – May, 1943
      5. Files, Flathead, June – July, 1943
      6. Files, Flathead, Aug. – Sept., 1943
      7. Files, Flathead, Oct. – Dec., 1943
      8. Files, Flathead, Jan. – March, 1944
      9. Files, Flathead, April – Dec., 1944
      10. Files, Flathead, 1945-1946
      11. Court of Claims, Attorney Fees, 1956-1957
      12. Court of Claims, Attorney Fees, 1966
      13. Court of Claims, Attorney Fees
  5. Series Five: Fort Berthold
    • This series includes correspondence and related materials to Kappler’s work as attorney for the Mandan, Hidatsa, and Arikara at the Fort Berthold Reservation. Included in the series is material related to a successful land claim filed against the federal government in 1930. There is also material related to irrigation and land use after the land claim.
    • Box 5A
      1. Files, Fort Berthold, 1917
      2. Files, Fort Berthold, 1919
      3. Files, Fort Berthold, 1920
      4. Files, Fort Berthold, 1921
      5. Files, Fort Berthold, 1922
      6. Files, Fort Berthold, 1923
      7. Files, Fort Berthold, Jan. – June, 1924
      8. Files, Fort Berthold, July – Dec. 1924
      9. Files, Fort Berthold, 1925
      10. Files, Fort Berthold, 1926
      11. Files, Fort Berthold, 1927
      12. Files, Fort Berthold. 1928
      13. Files, Fort Berthold, 1929
    • Box 5B
      1. Files, Fort Berthold, Jan. – June, 1930
      2. Files, Fort Berthold, July – Dec. 1930
      3. Files, Fort Berthold, Jan. – Feb. 1931
      4. Files, Fort Berthold, Mar. – May, 1931
      5. Files, Fort Berthold, June – Dec. 1931
      6. Files, Fort Berthold, 1932
      7. Files, Fort Berthold, 1933
      8. Files, Fort Berthold, 1934
      9. Files, Fort Berthold, 1935
      10. Files, Fort Berthold, 1936
      11. Files, Fort Berthold, 1937
      12. Files, Fort Berthold, 1938
    • Box 5C
      1. Files, Fort Berthold, 1939
      2. Files, Fort Berthold, 1940
      3. Files, Fort Berthold, 1941
      4. Files, Fort Berthold, 1942
      5. Files, Fort Berthold, Court of Claims
  6. Series Six: Shoshone
    • This series deals with a land claim filed jointly by the Shoshone on the Wind River Reservation along with the Northwestern Band of Shoshone whose reservation is located along the Utah and Idaho border in 1943. The series includes correspondence, claims, and legislation along with council minutes. There are also Arapaho council minutes included in the series.
    • Box 6A
      1. Files, Shoshone, 1926
      2. Files, Shoshone, 1927
      3. Files, Shoshone, 1928
      4. Files, Shoshone, 1929
      5. Files, Shoshone, 1930
      6. Files, Shoshone, Jan.-June, 1931
      7. Files, Shoshone, July- Dec., 1931
      8. Files, Shoshone, 1932
      9. Files, Shoshone, 1933
      10. Files, Shoshone, 1934
      11. Files, Shoshone, 1935-1936
      12. Files, Shoshone, Jan- June, 1938
      13. Files, Shoshone, July- Dec, 1938
      14. Files, Shoshone, 1939, 1
    • Box 6B
      1. Files, Shoshone, 1939, 2
      2. Files, Shoshone, 1939, 3
      3. Files, Shoshone, 1939, 4
      4. Files, Shoshone, 1939, 5
      5. Files, Shoshone, 1940
      6. Files, Shoshone, Jan.-June, 1941
      7. Files, Shoshone, July-Dec., 1941
      8. Files, Shoshone, Jan.-June, 1942
    • Box 6C
      1. Files, Shoshone, July-Oct., 1942
      2. Files, Shoshone, Nov. - Dec, 1942
      3. Files, Shoshone, 1943
      4. Files, Shoshone, 1945
      5. Files, Shoshone, Court of Claims, 1
      6. Files, Shoshone, Court of Claims, 2
    • Box 6D
      1. Minutes, Wind River, Shoshone Business Council, 1940-1941
      2. Minutes, Wind River, Joint Council, 1940-1941
      3. Minutes, Arapaho Business Council, 1940-1941
  7. Series Seven: Wichita
    • This series deals with the Wichita Nation land claim cases, along with correspondence it also holds a great deal of cultural and historical materials related to the claim. Much of the cultural material is included with correspondence produced by Omaha historian Charles Pratt. The series contains acrimonious correspondence between Kappler and his former partner Charles Merrilat over the direction of the case from 1933.
    • Box 7A
      1. Files, Wichita, 1915-1921
      2. Files, Wichita, 1923
      3. Files, Wichita, Jan. – March, 1924
      4. Files, Wichita, Mar. – May, 1924
      5. Files, Wichita, May- Dec., 1924
      6. Files, Wichita, 1925
      7. Files, Wichita, 1926
      8. Files, Wichita, 1927
      9. Files, Wichita, 1928
      10. Files, Wichita, 1929
      11. Files, Wichita, 1930
    • Box 7B
      1. Files, Wichita, 1931
      2. Files, Wichita, 1932-1934, 1
      3. Files, Wichita, 1932-1934, 2
      4. Files, Wichita, 1932-1934, 3
      5. Files, Wichita, 1934
      6. Files, Wichita, 1935
      7. Files, Wichita, 1936
      8. Files, Wichita, 1937
      9. Files, Wichita, Jan. – Mar., 1938
      10. Files, Wichita, April – May, 1938
    • Box 7C
      1. Files, Wichita, June – Dec., 1938
      2. Files, Wichita, Jan. – June, 1939
      3. Files, Wichita, July – Dec., 1939
      4. Files, Wichita, 1940
      5. Court of Claims Petitions, Wichita
      6. Research, Court of Claims, 1
      7. Research, Court of Claims, 2
      8. Research, Court of Claims, 3
      9. Research, Court of Claims, 4
      10. Research, Court of Claims, 5
      11. Research, Court of Claims, 6
  8. Series Eight: Osage
    • Kappler served as the attorney for the Osage Nation in Oklahoma from 1906-1946 and dealt with a wide range of issues including land, oil, and problems with the Osage Civilization fund. This series primarily includes correspondence with Osage community members and Oklahoma politicians. The series includes correspondence and a contract produced shortly before Kappler’s death.
    • Box 8A
      1. Files, Osage, 1906
      2. Files, Osage, 1907
      3. Files, Osage, 1908
      4. Files, Osage, 1909
      5. Files, Osage, 1910
      6. Files, Osage, 1911
      7. Files, Osage, 1912
      8. Files, Osage, 1917
      9. Files, Osage, 1918
      10. Files, Osage, 1919
      11. Files, Osage, 1920
      12. Files, Osage, 1921
      13. Files, Osage, 1922
      14. Files, Osage, 1923
      15. Files, Osage, 1924
      16. Files, Osage, 1925
      17. Files, Osage, 1926
      18. Files, Osage, 1927
      19. Files, Osage, 1928
      20. Files, Osage, 1929
    • Box 8B
      1. Files, Osage 1930
      2. Files, Osage, 1931
      3. Files, Osage, 1932-1933
      4. Files, Osage, 1934
      5. Files, Osage, 1935
      6. Files, Osage, 1946
      7. Documents, Court of Claims, 1
      8. Documents, Court of Claims, 2
      9. Documents, Court of Claims, 3
      10. Documents, Court of Claims, 4
      11. Osage Civilization Fund Legislation
    • Box 8C
      1. Research, Court of Claims, 1
      2. Research, Court of Claims, 2
      3. Research, Court of Claims, 3
  9. Series Nine: Omaha
    • This small series includes correspondence related to a land claim case filed in 1926 and includes correspondence, legislation and council minutes.
    • Box 9A
      1. Files, Omaha, 1916
      2. Files, Omaha, 1918
      3. Files, Omaha, Jan. – June, 1919
      4. Files, Omaha, July – Dec. 1919
      5. Files, Omaha, 1920
      6. Files, Omaha, Jan. – June, 1926
      7. Files, Omaha, June – Dec. 1926
  10. Series Ten: Miscellaneous
    • This series includes smaller cases that Kappler worked and did not generate enough material to warrant an individual series, but still provides useful documents. The series includes work he performed for the following Native peoples: Chippewa, Uintah Ouray, Iowa, and Potawatomi.
    • The series also includes Kappler’s work with Metis Fred Demarce who unwittingly turned over land scrip that he inherited from the Red River Cree settlements in the 1850s. Demarce held on to the scrip until land speculators told him he could apply for land and use the scrip to acquire land in Florida, which was experiencing a land boom in the 1920s. Demarce signed his scrip over to the speculators and never received land or compensation for the scrip. Kappler was able to get Demarce an eighteen hundred dollar judgement.
    • Box 10A
      1. Files, Turtle Mountain Chippewa, 1935-1941
      2. Files, Iowa, 1913-1915
      3. Files, Iowa, 1916
      4. Files, Iowa, 1917
      5. Files, Iowa, 1919-1920
      6. Files, Uintah Ouray, 1927-1928
      7. Files, Uintah Ouray, Dec. 1930-1931
      8. Material Related to Uintah Ouray Claims Case
      9. Files, Potawatomi, 1932-1939
      10. Frank DeMarce Case, 1927-1929
      11. Frank DeMarce Case, 1930