Treaty with The Sioux
June 19, 1858
Articles of agreement and convention made and concluded at
the city of Washington on the nineteenth day of June, one thousand
eight hundred and fifty-eight, by Charles E. Mix, commissioner
on the part of the United States, and the following-named chiefs
and head-men of the Sisseeton and Wahpaton bands of the Dakota
or Sioux tribe of Indians, viz: Maz-zah-shaw, Wamdupidutah,
Ojupi, and Hahutanai, on the part of the Sisseetons, and Maz-zomanee,
Muz-zakoote-manee, Upiyahideyaw, Umpedutokechaw, and Tachandupahotanka,
on the part of the Wahpatons, they being duly authorized and
empowered to act for said bands.
Article 1.
It is hereby agreed and stipulated that as soon as practicable
after the ratification of this agreement, so much of that
part of the reservation or tract of land now held and possessed
by the Sisseeton and Wahpaton bands of the Dakota or Sioux
Indians, and which is described in the third article of the
treaty made with them on the twenty-third day of July, one
thousand eight hundred and fifty-one, which lies south or
south west wardly of the Minnesota River, shall constitute
a reservation for said bands, and shall be surveyed, and eighty
acres thereof, as near as may be in conformity with the public
surveys, be allotted in severalty to each head of a family
or single person over the age of twenty-one years, in said
bands of Indians; said allotments to be so made as to include
a proper proportion of timbered land, if the same be practicable,
in each of said allotments. The residue of said part of said
reservation not so allotted shall be held by said bands in
common, and as other Indian lands are held: Provided, however,
That eighty acres thereof, as near as may be, shall in like
manner, as above provided for, be allotted to each of the
minors of said bands on his or her attaining their majority,
or on becoming heads of families, by contracting marriage,
if neither of the parties shall have previously received land.
All the necessary expenses of the surveys and allotments thus
provided for shall be defrayed out of the funds of said bands
of Indians in the hands of the Government of the United States.
As the members of said bands become capable of managing their
business and affairs, the President of the United States may
at his discretion, cause patents to be issued to them for
the tracts of lands allotted to them respectively, in conformity
with this article; said tracts to be exempt from levy, taxation,
sale, or forfeiture, until otherwise provided for by the legislature
of the State in which they are situated, with the assent of
Congress; nor shall they be sold or alienated in fee, or be
in any other manner disposed of, except to the United States
or to members of said bands.
Article 2.
Whereas, by the treaty with the Sisseeton and Wahpaton bands
of Sioux Indians, concluded at Traverse des Sioux on the twenty-third
day of July, one thousand eight hundred and fifty-one, said
bands retained for their "future occupancy and home," "to
be held by them as Indian lands are held, all that tract of
country on the Minnesota River, from the western boundary"
of the cession therein made "east to the Tcha-tam-ba River
on the north, and to the Yellow Medicine River on the south
side, to extend on each side a distance of not less than ten
miles from the general course of said Minnesota River;"
And whereas the Senate of the United States so amended said
treaty as to strike therefrom the provision setting apart
the said land as a home for said bands, and made provision
for the payment to said bands, "at the rate of ten cents per
acre for the land included in the said tract so retained and
set apart for the occupancy and home" of said bands, and also
provided, in addition thereto, that there should be "set apart
by appropriate landmarks and boundaries such tracts of country
without the limits of the cession made by the first article
of the said treaty as shall be satisfactory for their future
occupancy and home;" said Senate amendment providing also
"that the President may, with the consent of these Indians,
vary the conditions aforesaid, if deemed expedient;" all of
which provisions in said amendment were assented to by said
Indians;
And whereas the President so far varied the conditions of
said Senate amendment as to permit said bands to locate for
the time being upon the tract originally reserved by said
bands for a home, and "no tract of country, without the limits
of the cession" made in the said treaty, has ever been provided
for or offered to said bands:
And whereas, by the act making appropriations for the current
and contingent expenses of the Indian Department, and for
fulfilling treaty stipulations with various Indian tribes,
approved July 31, 1854, the President was authorized "to confirm
to the Sioux of Minnesota, forever the reserve on the Minnesota
River now occupied by them, upon such conditions as he may
deem just;"
And whereas, although the President has not directly confirmed
said reserve to said Indians, they claim that, as they were
entitled to receive "such tracts of country" as should "be
satisfactory for their future occupancy and home," and as
no other country than this reservation was ever provided for
or offered to them, and as valuable improvements have been
made on said reservation with the moneys belonging to said
bands, it is agreed and stipulated that the question shall
be submitted to the Senate for decision whether they have
such title, and if they have, what compensation shall be made
to them for that part of said reservation or tract of land
lying on the north side of the Minnesota River; whether they
shall be allowed a specific sum of money therefore, and if
so, how much; or whether the same shall be sold for their
benefit, they to receive the proceeds of such sale, deducting
the necessary expenses incident thereto. Such sale, if decided
in favor of by the Senate, shall be made under and according
to regulations to be prescribed by the Secretary of the Interior,
and in such manner as will secure to them the largest sum
it may be practicable to obtain for said land.
Article 3.
It is also agreed that if the Senate shall authorize the
land designated in article two of this agreement to be sold
for the benefit of the said Sisseeton and Wahpaton bands,
or shall prescribe an amount to be paid to said bands for
their interest in said tract, provision shall be made by which
the chiefs and head-men of said bands may, in their discretion,
in open council, authorize to be paid out of the proceeds
of said tract such sum or sums as may be found necessary and
proper, not exceeding seventy thousand dollars, to satisfy
their just debts and obligations, and to provide goods to
be taken by said chiefs and head-men to the said bands on
their return: Provided, however, That their said determinations
shall be approved by the superintendent of Indian affairs
for the northern superintendency for the time being, and the
said payments be authorized by the Secretary of the Interior.
Article 4.
The lands retained and to be held by the members of the Sisseeton
and Wahpaton bands of Dakota or Sioux Indians, under and by
virtue of the first article of this agreement, shall, to all
intents and purposes whatever be deemed and held to be an
Indian reservation, and the laws which have been or may hereafter
be enacted by Congress to regulate trade and intercourse with
the Indian tribes, shall have full force and effect over and
within the limits of the same; and no person other than the
members of said bands, to be ascertained and defined under
such regulations as the Secretary of the Interior shall prescribe - unless
such as may be duly licensed to trade with said bands, or
employed for their benefit, or members of the family of such
persons - shall be permitted to reside or make any settlement
upon any part of said reservation; and the timbered land allotted
to individuals, and also that reserved for subsequent distribution,
as provided in the first article of this agreement, shall
be free from all trespass, use or occupation, except as hereinafter
provided.
Article 5.
The United States shall have the right to establish and maintain
upon said reservation such military posts, agencies, schools,
mills, shops, roads, and agricultural or mechanical improvements
as may be deemed necessary; but no greater quantity of land
or timber shall be taken and used for said purposes than shall
be actually requisite therefor. And if in the establishment
or maintenance of such posts, agencies, roads, or other improvements,
the timber or other property of any individual Indian shall
be taken, injured, or destroyed, just and adequate compensation
shall be made therefor by the United States. Roads or highways
authorized by competent authority other than the United States,
the lines of which shall lie through said reservation, shall
have the right of way through the same upon the fair and just
value of such right being paid to the said Sisseeton and Wahpaton
bands by the party or parties authorizing or interested in
the same, to be assessed and determined in such manner as
the Secretary of the Interior shall direct.
Article 6.
The Sisseeton and Wahpaton bands of Dakota or Sioux Indians
acknowledge their dependence on the Government of the United
States, and do hereby pledge and bind themselves to preserve
friendly relations with the citizens thereof, and to commit
no injuries or depredations on their persons or property,
nor on those of the members of any other tribe; but in case
of any such injury or depredation, full compensation shall,
as far as practicable, be made therefor out of their moneys
in the hands of the United States, the amount in all cases
to be determined by the Secretary of the Interior. They further
pledge themselves not to engage in hostilities with the Indians
of any other tribe, unless in self-defence, but to submit,
through their agent, all matters of dispute and difficulty
between themselves and other Indians for the decision of the
President of the United States, and to acquiesce in and abide
thereby. They also agree to deliver to the proper officers
all persons belonging to their said bands who may become offenders
against the treaties, laws, or regulation of the United States,
or the laws of the State of Minnesota, and to assist in discovering,
pursuing, and capturing all such offenders whenever required
so to do by such officers, through the agent or other proper
officer of the Indian Department.
Article 7.
To aid in preventing the evils of intemperance, it is hereby
stipulated that if any of the members of the said Sisseeton
and Wahpaton bands of Sioux Indians shall drink or procure
for others intoxicating liquors, their proportion of the annuities
of said bands shall, at the discretion of the Secretary of
the Interior, be withheld from them for the period of at least
one year; and for a violation of any of the stipulations of
this agreement on the part of any member of said bands, the
persons so offending shall be liable to have their annuities
withheld, and to be subject to such other punishment as the
Secretary of the Interior may prescribe.
Article 8.
Any members of said Sisseeton and Wahpaton bands who may
be desirous of dissolving their tribal connection and obligations,
and of locating beyond the limits of the reservation provided
for said bands, shall have the privilege of so doing, by notifying
the United States agent of such intention, and making an actual
settlement beyond the limits of said reservation; shall be
vested with all the rights, privileges, and immunities, and
be subject to all the laws, obligations, and duties, of citizens
of the United States; but such procedure shall work no forfeiture
on their part of the right to share in the annuities of said
bands.
Article 9.
Such of the stipulations of the former treaties as provide
for the payment of particular sums of money to the said Sisseeton
and Wahpaton bands, or for the application or expenditure
of specific amounts for particular objects or purposes, shall
be, and hereby are, so amended and changed as to invest the
Secretary of the Interior with discretionary power in regard
to the manner and objects of the annual expenditure of all
such sums or amounts which have accrued and are now due to
said bands, together with the amount the said bands shall
become annually entitled to under and by virtue of the provisions
of this agreement: Provided, The said sums or amounts shall
be expended for the benefit of said bands at such time or
times and in such manner as the said Secretary shall deem
best calculated to promote their interests, welfare, and advance
in civilization. And it is further agreed that such change
may be made in the stipulations of former treaties, which
provide for the payment of particular sums for specified purposes,
as to permit the chiefs and braves of said bands, or any of
the subdivisions of said bands, with the sanction of the Secretary
of the Interior, to authorize such payment or expenditure
of their annuities, or any portion thereof, which are to become
due hereafter, as may be deemed best for the general interests
and welfare of the said bands or subdivisions thereof.
Article 10.
The expenses attending the negotiation of this agreement
shall be defrayed by the United States.
In testimony whereof, the said Charles E. Mix, Commissioner,
as aforesaid, and the undersigned chiefs and headmen of the
said Sisseeton and Wahpaton bands, have hereunto set their
hands and seals at the place and on the day first above written.
- Charles E. Mix, Commissioner. [SEAL.]
- Muz-zah-shaw, (Red Iron,) his x mark. [SEAL.]
- Wam-du-pi-du-tah, (War Eagle's Scarlet Tail.) his x mark. [SEAL.]
- Ojupi, (The Planter,) his x mark. [SEAL.]
- Ha-hu-ta-nai, (The Stumpy Horn,) his x mark. [SEAL.]
- Maz-zo-ma-nee, (Walking Iron,) his x mark. [SEAL.]
- Maz-za-koote-manee, (Shoots Iron as he Walks,) his x mark. [SEAL.]
- Upi-ya-hi-de-yaw, (Chief of Lac qui Parle,) his x mark. [SEAL.]
- Umpe-du-to-ke-chaw, (Other Day,) his x mark. [SEAL.]
- Ta-chan-du-pa-ho-tan-ka, (His Pipe with Strong Voice,) his x mark. [SEAL.]
Signed, sealed and delivered in presence of -
- Joseph R. Brown, Sioux agent.
- A. J. Campbell, interpreter.
- A. Robertson.
- John Dowling.
- N. R. Brown.
- Friedrich Schmidt.
- M. Smitser.
- B. D. Hyam.
- P. F. Wood.
- Charles Crawford.
- James R. Roche.
RESOLUTION OF THE SENATE OF THE UNITED STATES.
June 27, 1860
Right and title of certain bands of Sioux Indians, to the
lands embraced in reservation on the Minnesota River.
IN THE SENATE OF THE UNITED STATES,
June 27th, 1860.
Whereas by the second articles of the treaties of June 19,
1858, with the Med-a-wa-kanton and Wah-pa-koo-ta, and the
Sisseeton and Wah-pa-ton bands of the Dacotah or Sioux Indians,
it is submitted to the Senate to decide as to the right or
title of said bands of Indians to the lands embraced in the
reservation occupied by them on the Minnesota River, in the
State of Minnesota, and what compensation shall be made to
them for those portions of said reservation lying on the north
side of that river, which they agreed by said treaties to
surrender and relinquish to the United States; "whether they
shall be allowed a specified sum in money therefor, and if
so, how much, or whether the same shall be sold for their
benefit, they to receive the proceeds of such sale, deducting
the necessary expenses incident thereto;" and whereas said
Indians were permitted to retain and occupy said reservations
in lieu of other lands which they were entitled to under the
amendments of the Senate to the treaties made with them in
the year 1851, and large amounts of the money of said Indians
have been expended by the government in improvements and otherwise
upon the lands contained in said reservations; and whereas
by act of Congress of July 31, 1854, said reservations were
authorized to be confirmed to those Indians:
Resolved, That said Indians possessed a just and valid right
and title to said reservations, and that they be allowed the
sum of thirty cents per acre for the lands contained in that
portion thereof lying on the north side of the Minnesota River,
exclusive of the cost of survey and sale, or any contingent
expense that may accrue whatever, which by the treaties of
June, 1858, they have relinquished and given up to the United
States, -
Resolved, further, That all persons who have in good faith
settled and made improvements upon any of the lands contained
in said reservations, believing the same to be government
lands, shall have the right of preemption to one hundred and
sixty acres thereof, to include their improvements, on paying
the sum of one dollar and twenty-five cents per acre therefor:
Provided, That when such settlements have been made on the
lands of the Indians on the south side of the Minnesota River,
the assent of the Indians shall first be obtained, in such
a manner as the Secretary of the Interior shall prescribe,
and that the amount which shall be so paid for their lands,
shall be paid into the treasury of the United States.
Don't forget to check out our American Indian Jewelry and Native American Books.
|
Native American Legends A-B