Amended Agreement with certain Sioux Indians
May 2, 1873
Margin Notes:
WHEREAS, the Sisseton and Wahpeton Bands of Dakota or Sioux Indians,
on the 20th day of September A. D. 1872 made and entered into an
agreement in writing, signed on one part by the Chiefs and headmen
of said bands, with the assent and approval of the members of [said]
bands, and upon the other part by Moses N. Adams, James Smith, jr.,
and William H. Forbes, commissioners on the part of the United States;
which said agreement is as follows, to wit:
"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, 1867, 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
II 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 III and IV of said treaty, shall
be ceded absolutely to the United States, upon such consideration
as in justice and equity should be paid therefor 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 II 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 III
and IV of said treaty, which last named tracts and territory are
expressly reserved as permanent reservations for occupancy and cultivation,
as contemplated by articles VIII, IX, and X 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 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, blacksmith-shops, and other work-shops, 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 IV, (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 V 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 V of the treaty of February 19,
1867, to be modified as follows: An occupancy and cultivation of
five acres, upon any particular location, for a term of five consecutive
years, shall entitle the party to a patent for forty acres; a like
occupancy and cultivation of ten acres, to entitle the party 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
years from this date, and within the Devil's Lake reservation after
the expiration of fifteen years, but not sooner.
Fifth (sixth).
"The consideration to be paid, as hereinbefore proposed, is
in addition to the provisions of Article VI 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.
Sixth (seventh).
"Sections sixteen and thirty-six 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.
Seventh (eighth).
"At the expiration of ten years from this date, all members
of said bands, under the age of twenty-one years shall receibe forty
acres of land from said permanent reservations in fee simple.
Eighth (ninth).
"At the expiration of ten 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; and, at the expiration
of fifteen years, the President shall sell or dispose of all the
remaining unoccupied lands (excepting that which may hereafter be
set apart for school purposes) in the Devil's Lake reservation;
the proceeds of the sales of such lands 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.
And whereas, the
Congress of the United States, upon consideration of the provisions
of said agreement hereinbefore recited, did, by the act making appropriations
for the current and contingent expenses of the Indian department,
and for fulfilling treaty stipulations with various Indian tribes,
for the year ending June thirtieth, eighteen hundred and seventy-four,
and for other purposes, approved February 14th, 1873, provide as
follows, to wit: "For this amount, being the first of ten installments
of the sum of eight hundred thousand dollars named in a certain
agreement made by the commissioners appointed by the Secretary of
the Interior, under the provisions of the act of June seventh, eighteen
hundred and seventy-two, with the Sisseton and Wahpeton bands of
Sioux Indians for the relinquishment by said Indians of their claim
to, or interest in, the lands described in the second article of
the treaty made with them February nineteenth, eighteen hundred
and sixty-seven: the same to be expended under the direction of
the President, for the benefit of said Indians, in the manner prescribed
in said treaty of eighteen hundred and sixty-seven, as amended by
the Senate, eighty thousand dollars. And the said agreement is hereby
confirmed, excepting so much thereof as is included in paragraphs
numbered respectively, third, fourth, fifth, sixth, seventh, eight,
and ninth: Provided, That no part of this amount shall be expended
until after the ratification, by said Indians, of said agreement
as hereby amended."
And whereas, the said Bands
of Dakota or Sioux Indians have been duly assembled in council,
and therein represented by the chiefs and head-men, and the provisions
of said act of Congress, and amendments thereby made to the said
above recited agreement, having been fully explained by the commissioners
on the part of the United States, and the said agreement as amended
having been fully interpreted, and now being understood, we the
said chiefs and head-men of the said Sisseton and Wahpeton Bands,
duly authorized by our people so to do, do hereby accept, assent
to, confirm, ratify and agree to the said amendments, and to the
said agreement as amended, and declare that the same is, and shall
hereafter be binding upon us and the members of said Bands.
Witness our hands and seals at the Lac Traverse agency, Dakota
Territory, this second day of May, A. D. 1873.
- Gabriell Renville.
- Wamdienpiduta, his x mark.
- Tacandupahotanka, his x mark.
- Wicanspinupa.
- Eutinkiya.
- Hokxidannaxte, his x mark.
- Wakanto, his x mark.
- Wamdiduta, his x mark.
- Waxicunmaza, his x mark.
- Wasukiye, his x mark.
- Tacaurpipeta, his x mark.
- Akicitanajin, his x mark.
- Xupehiyu, his x mark.
- Magaiyahe, his x mark.
- Peter Tapetatonka.
- Tamniyage, his x mark.
- Itojanjan, his x mark.
- Inihan, his x mark.
- Michel Renvill.
- Ixakiye, his x mark.
- Paul Mazawakutemani, his x mark.
- Elias Oranwayakapi.
- Kampeska, his x mark.
- Simon Anawagmani, his x mark.
- John R. Renvill.
- Daniel Renville.
- Taokiyeota, his x mark.
- Mechael Paul.
- John Waniyarpeya, his x mark.
- Robert Hopkins.
- Alex. La Framboise.
We certify, on honor, that we were present
and witnessed the signatures of the Indians as above.
- G. H. Hawes.
- H. T. Lovett.
- Jno. L. Hodgman.
- Charles P. La Grange.
I hereby certify, on honor, that I have fully explained to the
Indians in council, the above instrument, and that the Indians acknowledged
the same to be well understood by them.
Thos. A. Robertson,
Interpreter.
Executed at Sisseton agency, Lake Traverse Reservation, D. T.,
this second day of May, 1873.
- Moses N. Adams,
- James Smith, jr., Commissioners.
Devil's Lake Reservation, Fort Totten agency, D. T., May 19, 1873.
- Wah-na-ta, his x mark.
- Tee-oh-wash-tag, his x mark.
- Mah-pee-ah-keo-den, his x mark.
- E-chah-na-gee-kah, his x mark.
- Mat-te-o-he-chat-kah, his x mark.
- Ou-s(e)-pe-ka-ge, his x mark.
- Chan-te-ma-za, his x mark.
- Ma-ka-na-hu-hu-za.
- Ma-ka-i-de-ya, his x mark.
- Xip-to, his x mark.
- Wa-ka-no-ki-ta, his x mark.
- Ta-te-o-pax-im-a-ni, his x mark.
- Ru-pahn-wa-kam-a, his x mark.
- A-ki-ci-ta-du-ta, his x mark.
- Ta-wa-cin-ha, his x mark.
- Ru-pahu-wax-te, his x mark.
- Ri-o-in-yan-i-yan-ke, his x mark.
- Ran-in-wan-ke, his x mark.
- A-ki-ci-tam-a-ne, his x mark.
- Maza-ka-hom-ni.
- Wam-di-hi-ye-ya, his x mark.
- Wi-cer-pi-wa-kan-na, his x mark.
- Wax-i-em-u-nape-wu-az-u-za, his x mark.
- Ca-do-ze, his x mark.
- Wa-kin-yan-ro-ta, his x mark.
- I-car-ta-ke, his x mark.
- In-im-u-sa-pa, his x mark.
- Mu-i-ya-to-ho-nax-te, his x mark.
- Ton-wau-non-pa, his x mark.
- We-i-za-ka-ma-za.
- Ha-oih-da, his x mark.
- Wam-di-o-ki-ga, his x mark.
- Wa-kan-hoi-ma-za, his x mark.
- He-wa-kan-na, his x mark.
- I-han-gi, his x mark.
- Ma-koi-ya-te, his x mark.
- Ta-rin-ca-sin-te, his x mark.
- Na-gi-wa-kan, his x mark.
- We-ci-ni-han, his x mark.
- Ca-je-wan-i-ca, his x mark.
- Wan-di-cax-kpi, his x mark.
- Tate, his x mark.
- U-jin-pi, his x mark.
- Hint-ka-ro-ta, his x mark.
- Hin-han-xo-na, his x mark.
Witnesses to signatures of above chiefs
and soldiers,
- Lewis Cass Hunt,
- Lieut. Col. 20th Infantry.
- James B. Ferguson,
- Act. Asst. Surgeon, U. S. A.
I hereby certify, upon honor, that I have fully explained to the
Indians the above instrument and that the Indians acknowledge the
same to be well understood by them.
George H. Faribault,
Interpreter.
Executed at the Fort Totten agency, "Devil's Lake" reservation,
this 19th day of May, 1873, in open council, by the Sisseton and
Wahpeton and "Cut-Head" bands of Sioux not included in the Sisseton
and Wahpeton bands of Sioux of "Lac Travers" reservation, who signed
this, on the 2nd of May, 1873, as above written.
- James Smith, jr.,
- WM. H. Forbes,
- Moses N. Adams, Commissioners.
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