Agreement with The Sisseton and Wahpeton Bands of Sioux Indians
September 20, 1872
Margin Notes:
Whereas, the Sisseton and Wahpeton bands of Dakota or Sioux Indians
made and concluded a treaty with the United States, at the city
of Washington, D. C., on the 19th day of February, A. D. 1867, which
was ratified, with certain amendments, by the Senate of the United
States on the 15th day of April, 1868, and finally promulgated by
the President of the United States on the 2d day of May, in the
year aforesaid, by which the Sisseton and Wahpeton bands of Sioux
Indians ceded to the United States certain privileges and rights
supposed to belong to said bands in the territory described in article
two (2) of said treaty, and
Whereas, it is desirable that all said territory, except the portion
thereof comprised in what is termed the permanent reservations,
particularly described in articles three (3) and four (4) of said
treaty, shall be ceded absolutely to the United States, upon such
consideration as in justice and equity should be paid therefore
by the United States; and,
Whereas, said territory, now proposed to be ceded, is no longer
available to said Indians for the purposes of the chase, and such
value or consideration is essentially necessary in order to enable
said bands interested therein to cultivate portions of said permanent
reservations, and become wholly self-supporting by the cultivation
of the soil and other pursuits of husbandry: therefore, the said
bands, represented in said treaty, and parties thereto, by their
chiefs and head-men, now assembled in council, do propose to M.
N. Adams, William H. Forbes, and James Smith, jr., commissioners
on behalf of the United States, as follows:
First.
To cede, sell, and relinquish to the United States all their right,
title, and interest in and to all lands and territory, particularly
described in article two (2) of said treaty, as well as all lands
in the Territory of Dakota to which they have title or interest,
excepting the said tracts particularly described and bounded in
articles three (3) and four (4) of said treaty, which last-named
tracts and territory are expressly reserved as permanent reservations
for occupancy and cultivation, as contemplated by articles eight,
(8,) nine, (9,) and ten (10) of said treaty.
Second.
That, in consideration of said cession and relinquishment, the
United States shall advance and pay, annually, for the term of ten
(10) years from and after the acceptance by the United States of
the proposition herein submitted, eighty thousand (80,000) dollars,
to be expended under the direction of the President of the United
States, on the plan and in accordance with the provisions of the
treaty aforesaid, dated February 19, 1867, for goods and provisions,
for the erection of manual-labor and public school-houses, and for
the support of manual-labor and public schools, and in the erection
of mills, blacksmiths-shops, and other workshops, and to aid in
opening farms, breaking land, and fencing the same, and in furnishing
agricultural implements, oxen, and milch-cows, and such other beneficial
objects as may be deemed most conducive to the prosperity and happiness
of the Sisseton and Wahpeton bands of Dakota or Sioux Indians entitled
thereto according to the said treaty of February 19, 1867. Such
annual appropriation or consideration to be apportioned to the Sisseton
and Devil's Lake agencies, in proportion to the number of Indians
of the said bands located upon the Lake Traverse and Devil's Lake
reservations respectively. Such apportionment to be made upon the
basis of the annual reports or returns of the agents in charge.
Said consideration, amounting, in the aggregate, to eight hundred
thousand (800,000) dollars, payable as aforesaid, without interest.
Third.
As soon as may be, the said territory embraced within said reservation
described in article four, (4,) (Devil's Lake reservation,) shall
be surveyed, as Government lands are surveyed, for the purpose of
enabling the Indians entitled to acquire permanent rights in the
soil, as contemplated by article five (5) of said treaty.
Fourth.
We respectfully request that, in case the foregoing propositions
are favorably entertained by the United States, the sale of spirituous
liquors upon the territory ceded may be wholly prohibited by the
United States Government.
Fifth.
The provisions of article five (5) of the treaty of February 19,
1867, to be modified as follows: An occupancy and cultivation of
five (5) acres, upon any particular location, for a term of (5)
consecutive years shall entitle the party to a patent for forty
acres; a like occupancy and cultivation of ten (10) acres, to entitle
the party to a patent to eighty acres; and a like occupancy and
cultivation of any tract, to the extent of twenty acres, shall entitle
the party so occupying and cultivating to a patent for 160 acres
of land. Parties who have already selected farms and cultivated
the same may be entitled to the benefit of this modification. Patents
so issued (as hereinbefore set forth) shall authorize a transfer
or alienation of such lands situate within the Sisseton agency,
after the expiration of ten (10) years from this date, and within
the Devil's lake reservation after the expiration of fifteen (15)
years, but not sooner.
Sixth.
The consideration to be paid, as hereinbefore proposed, is in
addition to the provision of article 6 (6) of the treaty of February
19, 1867, under which Congress shall appropriate, from time to time,
such an amount as may be required to meet the necessities of said
Indians, to enable them to become civilized.
Seventh.
Sections-sixteen (16) and thirty-six (36) within the reservations
shall be set apart for educational purposes, and all children of
a suitable age within either reservation shall be compelled to attend
school at the discretion of the agents.
Eighth.
At the expiration of ten (10) years, from this date, all members
of said bands under the age of twenty-one years shall receive forty
acres of land from said permanent reservations in fee simple.
Ninth.
At the expiration of ten (10) years, the President of the United
States shall sell or dispose of all the remaining or unoccupied
lands in the lake Traverse reservation, (excepting that which may
hereafter be set apart for school purposes;) the proceeds of the
sale of such lands to be expended for the benefit of the members
of said bands located on said lake Traverse reservation; and, at
the expiration of fifteen (15) years, the President shall sell or
dispose of all the remaining unoccupied lands (excepting that which
may be hereafter set apart for school purposes) in the Devil's Lake
reservation; the proceeds of the sale of such land shall be expended
for the benefit of all members of said bands who may be located
on the said Devil's Lake reservation.
Executed at Sisseton agency, Dakota territory, Lake Traverse reservation,
this 20th day of September, A. D. 1872.
- Moses N. Adams,
- WM. H. Forbes,
- James Smith, jr., Commissioners.
- Gabriel Renville, head chief of Sissetons
and Wahpetons.
- Wicanipinonpa, chief councilor Wahpetons and Sissetons.
- Wasuiciyapi, chief Sisseton band Swantain, his x mark.
- Magaiyahe, chief councilor, a soldier, Sissetons, his x mark.
- Waxicunmaza, chief councilor Sissetons, his x mark.
- Wakanto, chief councilor or soldier, his x mark.
- Ecetukiye.
- Ampetuxa, Wahpeton councilor, his x mark.
- Rupacokamaza, Wahpeton soldier, his x mark.
- Itojanjan, Sisseton soldier, his x mark.
- Inihan, Sisseton soldier, his x mark.
- Michael Renville, chief councilor or soldier.
- Ixakiya, Sesseton soldier, his x mark.
- Paul Mazakutemani, chief councilor.
- Edwin Phelps, chief councilor.
- Elias Oranwayakapi, chief councilor.
- Aojanjanna, second soldier and councilor, his x mark.
- Wasincaga, second soldier and councilor, his x mark.
- Kampeska, chief soldier Wahpeton, his x mark.
- Marpiyakudan, chief Sissetons, his x mark.
- Matocatka, Wahpeton soldier, his x mark.
- Wamdiokiya, Wahpeton soldier, his x mark.
- Tanwannonpa, Wahpeton soldier, his x mark.
- Hinhanxunna, Sisseton soldier, his x mark.
- Tamazakanna, Sisseton soldier, his x mark.
- Akacitamane, Sisseton soldier, his x mark.
- Wamdiupiduta, chief Sissetons, his x mark.
- Hokxidanwaxte, chief councilor Sissetons, his x mark.
- Wasukiye, chief councilor Sissetons, his x mark.
- Peter Tapatatonka, hereditary chief Wahpetons.
- Tacandupahotanka, chief Wahpetons, his x mark.
- Tacaurpipeta, soldier or councilor, his x mark.
- Tamniyage, head chief Sissetons, his x mark.
- Wamdiduta, chief soldier Sissetons, his x mark.
- Canteryapa, soldier Sissetons, his x mark.
- Xupehiyu, Wahpeton soldier, his x mark.
- Chadoze, Sisseton soldier, his x mark.
- Wakinyanrota, Sisseton soldier, his x mark.
- Cantemaza, Wahpeton chief.
- Ecanaginka, Sisseton soldier, his x mark.
- Inimusapa, Sisseton soldier, his x mark.
- Icartaka, Sisseton soldier, his x
mark.
- Ximto, Sisseton soldier, his x mark.
- Rdohinhda, Sisseton soldier, his x mark.
- Wicastawakan, Sisseton soldier, his x mark.
- Makaideya, Sisseton soldier, his x mark.
- Mniyatohonaxte, Sisseton soldier, his x mark.
- Akicitaduta, Sisseton soldier, his x mark.
- Cagewanica, Sisseton soldier, his x mark.
- Wanaita, hereditary chief of Sissetons and Cut-Heads, his x
mark.
- Towaxte, head chief Sissetons, his x mark.
- Makanahuza, Sisseton soldier, his x mark.
- Mazakahomni, Sisseton soldier, his x mark.
- Ousepekaga, Sisseton soldier, his x mark.
- Tate, Sisseton soldier, his x mark.
- Cokahdi, Sisseton soldier, his x mark.
- Rupaicasna, Sisseton soldier, his x mark.
- Ixkiya, chief soldier, Wahpetons, his x mark.
Witnesses to signatures of above chiefs and soldiers:
- H. T. Lovett.
- G. H. Hawes.
- T. A. Robertson.
- G. H. Faribault.
- C. P. La Grange.
We hereby certify, on honor, that we have fully explained to the
Indians the above instrument, and that the Indians acknowledge the
same to be well understood by them.
- T. A. Robertson,
- G. H. Faribault, Interpreters.
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