Treaty with The Sioux - Sisseton and Wahpeton Bands
February 19, 1867
Whereas it is understood that a portion of the Sissiton and
Warpeton bands of Santee Sioux Indians, numbering from twelve
hundred to fifteen hundred persons, not only preserved their
obligations to the Government of the United States, during
and since the outbreak of the Medewakantons and other bands
of Sioux in 1862, but freely perilled their lives during that
outbreak to rescue the residents on the Sioux reservation,
and to obtain possession of white women and children made
captives by the hostile bands; and that another portion of
said Sissiton and Warpeton bands, numbering from one thousand
to twelve hundred persons, who did not participate in the
massacre of the whites in 1862, fearing the indiscriminate
vengeance of the whites, fled to the great prairies of the
Northwest, where they still remain; and
Whereas Congress, in confiscating the Sioux annuities and
reservations, made no provision for the support of these,
the friendly portion of the Sissiton and Warpeton bands, and
it is believed [that] they have been suffered to remain homeless
wanderers, frequently subject to intense sufferings from want
of subsistence and clothing to protect them from the rigors
of a high northern latitude, although at all times prompt
in rendering service when called upon to repel hostile raids
and to punish depredations committed by hostile Indians upon
the persons and property of the whites; and
Whereas the several subdivisions of the friendly Sissitons
and Warpeton bands ask, through their representatives, that
their adherence to their former obligations of friendship
to the Government and people of the United States be recognized,
and that provision be made to enable them to return to an
agricultural life and be relieved from a dependence upon the
chase for a precarious subsistence: Therefore,
A treaty has been made and entered into, at Washington City,
District of Columbia, this nineteenth day of February, A.
D. 1867, by and between Lewis V. Bogy, Commissioner of Indian
Affairs, and William H. Watson, commissioners, on the part
of the United States, and the undersigned chiefs and head-men
of the Sissiton and Warpeton bands of Dakota or Sioux Indians,
as follows, to wit:
The Sissiton and Warpeton bands of Dakota Sioux Indians,
represented in council, will continue their friendly relations
with the Government and people of the United States, and bind
themselves individually and collectively to use their influence
to the extent of their ability to prevent other bands of Dakota
or other adjacent tribes from making hostile demonstrations
against the Government or people of the United States.
The said bands hereby cede to the United States the right
to construct wagon-roads, railroads, mail stations, telegraph
lines, and such other public improvements as the interest
of the Government may require, over and across the lands claimed
by said bands, (including their reservation as hereinafter
designated) over any route or routes that that may be selected
by the authority of the Government, said lands so claimed
being bounded on the south and east by the treaty-line of
1851, and the Red River of the North to the mouth of Goose
River; on the north by the Goose River and a line running
from the source thereof by the most westerly point of Devil's
Lake to the Chief's Bluff at the head of James River,
and on the west by the James River to the mouth of Mocasin
River, and thence to Kampeska Lake.
For and in consideration of the cession above mentioned,
and in consideration of the faithful and important services
said to have been rendered by the friendly bands of Sissitons
and Warpetons Sioux here represented, and also in consideration
of the confiscation of all their annuities, reservations,
and improvements, it is agreed that there shall be set apart
for the members of said bands who have heretofore surrendered
to the authorities of the Government, and were not sent to
the Crow Creek reservation, and for the members of said bands
who were released from prison in 1866, the following-described
lands as a permanent reservation, viz:
Beginning at the head of Lake Travers[e], and thence along
the treaty-line of the treaty of 1851 to Kampeska Lake; thence
in a direct line to Reipan or the northeast point of the Coteau
des Prairie[s], and thence passing north of Skunk Lake, on
the most direct line to the foot of Lake Traverse, and thence
along the treaty-line of 1851 to the place of beginning.
It is further agreed that a reservation be set apart for
all other members of said bands who were not sent to the Crow
Creek reservation, and also for the Cut-Head bands of Yanktonais
Sioux, a reservation bounded as follows, viz:
Beginning at the most easterly point of Devil's Lake;
thence along the waters of said lake to the most westerly
point of the same; thence on a direct line to the nearest
point on the Cheyenne River; thence down said river to a point
opposite the lower end of Aspen Island, and thence on a direct
line to the place of beginning.
The said reservations shall be apportioned in tracts of (160)
one hundred and sixty acres to each head of a family or single
person over the age of (21) twenty-one years, belonging to
said bands and entitled to locate thereon, who may desire
to locate permanently and cultivate the soil as a means of
subsistence: each (160) one hundred and sixty acres so allotted
to be made to conform to the legal subdivisions of the Government
surveys when such surveys shall have been made; and every
person to whom lands may be allotted under the provisions
of this article, who shall occupy and cultivate a portion
thereof for five consecutive years shall thereafter be entitled
to receive a patent for the same so soon as he shall have
fifty acres of said tract fenced, ploughed, and in crop: Provided,
[That] said patent shall not authorize any transfer of said
lands, or portions thereof, except to the United States, but
said lands and the improvements thereon shall descend to the
proper heirs of the persons obtaining a patent.
And, further, in consideration of the destitution of said
bands of Sissiton and Warpeton Sioux, parties hereto, resulting
from the confiscation of their annuities and improvements,
it is agreed that Congress will, in its own discretion, from
time to time make such appropriations as may be deemed requisite
to enable said Indians to return to an agricultural life under
the system in operation on the Sioux reservation in 1862;
including, if thought advisable, the establishment and support
of local and manual-labor schools; the employment of agricultural,
mechanical, and other teachers; the opening and improvement
of individual farms; and generally such objects as Congress
in its wisdom shall deem necessary to promote the agricultural
improvement and civilization of said bands.
An agent shall be appointed for said bands, who shall be
located at Lake Traverse; and whenever there shall be five
hundred (500) persons of said bands permanently located upon
the Devil's Lake reservation there shall be an agent
or other competent person appointed to superintend at that
place the agricultural, educational, and mechanical interests
of said bands.
All expenditures under the provisions of this treaty shall
be made for the agricultural improvement and civilization
of the members of said bands authorized to locate upon the
respective reservations, as hereinbefore specified, in such
manner as may be directed by law; but no goods, provisions,
groceries, or other articles - except materials for the
erection of houses and articles to facilitate the operations
of agriculture - shall be issued to Indians or mixed-bloods
on either reservation unless it be in payment for labor performed
or for produce delivered: Provided, That when persons located
on either reservation, by reason of age, sickness, or deformity,
are unable to labor, the agent may issue clothing and subsistence
to such persons from such supplies as may be provided for
The withdrawal of the Indians from all dependence upon the
chase as a means of subsistence being necessary to the adoption
of civilized habits among them, it is desirable that no encouragement
be afforded them to continue their hunting operations as means
of support, and, therefore, it is agreed that no person will
be authorized to trade for furs or peltries within the limits
of the land claimed by said bands, as specified in the second
article of this treaty, it being contemplated that the Indians
will rely solely upon agricultural and mechanical labor for
subsistence, and that the agent will supply the Indians and
mixed-bloods on the respective reservations with clothing,
provisions, as set forth in article eight, so soon as the
same shall be provided for that purpose. And it is further
agreed that no person not a member of said bands, parties
hereto whether white, mixed-blood, or Indian, except persons
in the employ of the Government or located under its authority,
shall be permitted to locate upon said lands, either for hunting,
trapping, or agricultural purposes.
The chiefs and head-men located upon either of the reservations
set apart for said bands are authorized to adopt such rules,
regulations, or laws for the security of life and property,
the advancement of civilization, and the agricultural prosperity
of the members of said bands upon the respective reservations,
and shall have authority, under the direction of the agent,
and without expense to the Government, to organize a force
sufficient to carry out all such rules, regulations, or laws,
and all rules and regulations for the government of said Indians,
as may be prescribed by the Interior Department: Provided,
That all rules, regulations, or laws adopted or amended by
the chiefs and head-men on either reservation shall receive
the sanction of the agent.
In testimony whereof, we, the commissioners representing
the United States, and the delegates representing the Sissiton
and Warpeton bands of Sioux Indians, have hereunto set our
hands and seals, at the place and on the day and year above
- Lewis V. Bogy, Commissioner of Indian Affairs.
- W. H. Watson.
Signed in the presence of-
- Charles E. Mix.
- Gabriel Renville, head chief Siss(i)ton and Wa(r)peton bands.
- Wamdiupiduta, his x mark, head Siss(i)ton chief.
- Tacandupahotanka, his x mark, head Wa(r)peton chief.
- Oyehduze, his x mark, chief Sissiton.
- Umpehtutokca, his x mark, chief Wahpeton.
- John Otherday.
- Akicitananjin, his x mark, Sissiton soldier.
- Waxicunmaza, his x mark, Sissiton soldier.
- Wasukiye, his x mark, Sissiton soldier.
- Wamdiduta, his x mark, Sissiton soldier.
- Hokxidanwaxte, his x mark, Sissiton soldier.
- Wakanto, his x mark, Sissiton soldier.
- Ecanajinke, his x mark, Sissiton soldier.
- Canteiyapa, his x mark, Sissiton soldier.
- Tihdonica, his x mark, Sissiton soldier.
- Tawapahamaza, his x mark, Sissiton soldier.
- Wandiiyeza, his x mark, Sissiton soldier.
- Tacunrpipeta, his x mark, Sissiton soldier.
- Wicumrpinumpa, his x mark, Wa(r)peton soldier.
- Xupehiyu, his x mark, Wa(r)peton soldier.
- Ecetukiye, his x mark, Wa(r)peton soldier.
- Kangiduta, his x mark, Wa(r)peton soldier.
Witnesses to signatures of above chiefs and soldiers:
- Charles E. Mix.
- Benj'n Thompson.
- J. R. Brown.
- Anexus M. A. Brown, Interpreter.
- Chas. Crawford.
- Thos. E. McGraw.
- J. H. Leavenworth.
- A. B. Norton.
- Geo. B. Jonas.
- Frank S. Mix.
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