Treaty with The Yankton Sioux
April 19, 1858
Articles of agreement and convention made and concluded
at the city of Washington, this nineteenth day of April, A.
D. 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 delegates of the Yancton tribe
of Sioux or Dacotah Indians, viz:
- Pa-la-ne-a-pa-pe, the man that was struck by the Ree.
- Ma-to-sa-be-che-a, the smutty bear.
- Charles F. Picotte, Eta-ke-cha.
- Ta-ton-ka-wete-co, the crazy bull.
- Pse-cha-wa-kea, the jumping thunder.
- Ma-ra-ha-ton, the iron horn.
- Mombe-kah-pah, one that knocks down two.
- Ta-ton-ka-e-yah-ka, the fast bull.
- A-ha-ka-ma-ne, the walking elk.
- A-ha-ka-na-zhe, the standing elk.
- A-ha-ka-ho-che-cha, the elk with a bad voice.
- Cha-ton-wo-ka-pa, the grabbing hawk.
- E-ha-we-cha-sha, the owl man.
- Pla-son-wa-kan-na-ge, the white medicine cow that stands.
- Ma-ga-scha-che-ka, the little white swan.
- Oke-che-la-wash-ta, the pretty boy.
(The three last names signed by their duly-authorized agent
and rep- resentative, Charles F. Picotte,) they being thereto
duly authorized and empowered by said tribe of Indians.
Article 1.
The said chiefs and delegates of said tribe of Indians do
hereby cede and relinquish to the United States all the lands
now owned, possessed, or claimed by them, wherever situated,
except four hundred thousand acres thereof, situated and described
as follows, to wit - Beginning at the mouth of the Naw-izi-wa-koo-pah
or Chouteau River and extending up the Missouri River thirty
miles: thence due north to a point; thence easterly to a point
on the said Chouteau River; thence down said river to the
place of beginning, so as to include the said quantity of
four hundred thousand acres. They, also, hereby relinquish
and abandon all claims and complaints about or growing out
of any and all treaties heretofore made by them or other Indians,
except their annuity rights under the treaty of Laramie, of
September 17, A. D. 1851.
Article 2.
The land so ceded and relinquished by the said chiefs and
delegates of the said tribe of Yanctons is and shall be known
and described as follows, to wit -
"Beginning at the mouth of the Tchan-kas-an-data or
Calumet or Big Sioux River; thence up the Missouri River to
the mouth of the Pa-hah-wa-kan or East Medicine Knoll River;
thence up said river to its head; thence in a direction to
the head of the main fork of the Wan-dush-kah-for or Snake
River; thence down said river to its junction with the Tchan-san-san
or Jaques or James River; thence in a direct line to the northern
point of Lake Kampeska; thence along the northern shore of
said lake and its outlet to the junction of said outlet with
the said Big Sioux River; thence down the Big Sioux River
to its junction with the Missouri River."
And they also cede and relinquish to the United States all
their right and title to and in all the islands of the Missouri
River, from the mouth of the Big Sioux to the mouth of the
Medicine Knoll River.
And the said chiefs and delegates hereby stipulate and agree
that all the lands embraced in said limits are their own,
and that they have full and exclusive right to cede and relinquish
the same to the United States.
Article 3.
The said chiefs and delegates hereby further stipulate and
agree that the United States may construct and use such roads
as may be hereafter necessary across their said reservation
by the consent and permission of the Secretary of the Interior,
and by first paying the said Indians all damages and the fair
value of the land so used for said road or roads, which said
damages and value shall be determined in such manner as the
Secretary of the Interior may direct. And the said Yanctons
hereby agree to remove and settle and reside on said reservation
within one year from this date, and, until they do so remove,
(if within said year,) the United States guarantee them in
the quiet and undisturbed possession of their present settlements.
Article 4.
In consideration of the foregoing cession, relinquishment,
and agreements, the United States do hereby agree and stipulate
as follows, to wit:
1st. To protect the said Yanctons in the quiet and peaceable
possession of the said tract of four hundred thousand acres
of land so reserved for their future home, and also their
persons and property thereon during good behavior on their
part.
2d. To pay to them, or expend for their benefit, the sum
of sixty- five thousand dollars per annum, for ten years,
commencing with the year in which they shall remove to, and
settle and reside upon, their said reservation - forty thousand
dollars per annum for and during ten years thereafter - twenty-five
thousand dollars per annum for and during ten years thereafter
- and fifteen thousand dollars per annum for and during twenty
years thereafter; making one million and six hundred thousand
dollars in annuities in the period of fifty years, of which
sums the President of the United States shall, from time to
time, determine what proportion shall be paid to said Indians,
in cash, and what proportion shall be expended for their benefit,
and, also, in what manner and for what objects such expenditure
shall be made, due regard being had in making such determination
to the best interests of said Indians. He shall likewise exercise
the power to make such provision out of said sums as he may
deem to be necessary and proper for the support and comfort
of the aged or infirm, and helpless orphans of the said Indians.
In case of any material decrease of said Indians, in number,
the said amounts may, in the discretion of the President of
the United States, be diminished and reduced in proportion
thereto - or they may, at the discretion of the President
of the United States, be discontinued entirely, should said
Indians fail to make reasonable and satisfactory efforts to
advance and improve their condition, in which case, such other
provisions shall be made for them as the President and Congress
may judge to be suitable and proper.
3d. In addition to the foregoing sum of one million and six
hundred thousand dollars as annuities, to be paid to or expended
for the benefit of said Indians, during the period of fifty
years, as before stated, the United States hereby stipulate
and agree to expend for their benefit the sum of fifty thousand
dollars more, as follows, to wit: Twenty-five thousand dollars
in maintaining and subsisting the said Indians during the
first year after their removal to and permanent settlement
upon their said reservation; in the purchase of stock, agricultural
implements, or other articles of a beneficial character, and
in breaking up and fencing land; in the erection of houses,
store-houses, or other needful buildings, or in making such
other improvements as may be necessary for their comfort and
welfare.
4th. To expend ten thousand dollars to build a school-house
or school-houses, and to establish and maintain one or more
normal-labor schools (so far as said sum will go) for the
education and training of the children of said Indians in
letters, agriculture, the mechanic arts, and housewifery,
which school or schools shall be managed and conducted in
such manner as the Secretary of the Interior shall direct.
The said Indians hereby stipulating to keep constantly thereat,
during at least nine months in the year, all their children
between the ages of seven and eighteen years; and if any of
the parents, or others having the care of children, shall
refuse or neglect to send them to school, such parts of their
annuities as the Secretary of the Interior may direct, shall
be withheld from them and applied as he may deem just and
proper; and such further sum, in addition to the said ten
thousand dollars, as shall be deemed necessary and proper
by the President of the United States, shall be reserved and
taken from their said annuities, and applied annually, during
the pleasure of the President to the support of said schools,
and to furnish said Indians with assistance and aid and instruction
in agricultural and mechanical pursuits, including the working
of the mills, hereafter mentioned, as the Secretary of the
Interior may consider necessary and advantageous for said
Indians; and all instruction in reading shall be in the English
language. And the said Indians hereby stipulate to furnish,
from amongst themselves, the number of young men that may
be required as apprentices and assistants in the mills and
mechanic shops, and at least three persons to work constantly
with each white laborer employed for them in agriculture and
mechanical pursuits, it being understood that such white laborers
and assistants as may be so employed are thus employed more
for the instruction of the said Indians than merely to work
for their benefit: and that the laborers so to be furnished
by the Indians may be allowed a fair and just compensation
for their services, to be fixed by the Secretary of the Interior,
and to be paid out of the shares of annuity of such Indians
as are able to work, but refuse or neglect to do so. And whenever
the President of the United States shall become satisfied
of a failure, on the part of said Indians, to full fill the
aforesaid stipulations, he may, at his discretion, discontinue
the allowance and expenditure of the sums so provided and
set apart for said school or schools, and assistance and instruction.
5th. To provide the said Indians with a mill suitable for
grinding grain and sawing timber; one or more mechanic shops,
with the necessary tools for the same; and dwelling-houses
for an interpreter, miller, engineer for the mill, (if one
be necessary,) a farmer, and the mechanics that may be employed
for their benefit, and to expend therefor aasum not exceeding
fifteen thousand dollars.
Article 5.
Said Indians further stipulate and bind themselves to prevent
any of the members of their tribe from destroying or injuring
the said houses, shops, mills, machinery, stock, farming-utensils,
or any other thing furnished them by the Government, and in
case of any such destruction or injury of any of the things
so furnished, or their being carried off by any member or
members of their tribe, the value of the same shall be deducted
from their general annuity; and whenever the Secretary of
the Interior shall be satisfied that said Indians have become
sufficiently confirmed in habits of industry and advanced
in the acquisition of a practical knowledge of agriculture
and the mechanic arts to provide for themselves, he may, at
his discretion, cause to be turned over to them all of the
said houses and other property furnished them by the United
States, and dispense with the services of any or all persons
herein before stipulated to be employed for their benefit,
assistance, and instruction.
Article 6.
It is hereby agreed and understood that the chiefs and head-men
of said tribe may, at their discretion, in open council, authorize
to be paid out of their said annuities such a sum or sums
as may be found to be necessary and proper, not exceeding
in the aggregate one hundred and fifty thousand dollars, to
satisfy their just debts and obligations, and to provide for
such of their half-breed relations as do not live with them,
or draw any part of the said annuities of said Indians: Provided,
however, That their said determinations shall be approved
by their agent for the time being, and the said payments authorized
by the Secretary of the Interior: Provided, also, That there
shall not be so paid out of their said annuities in any one
year, a sum exceeding fifteen thousand dollars.
Article 7.
On account of their valuable services and liberality to the
Yanctons, there shall be granted in fee to Charles F. Picotte
and Zephyr Rencontre, each, one section of six hundred and
forty acres of land, and to Paul Dorian one-half a section;
and to the half-breed Yancton, wife of Charles Reulo, and
her two sisters, the wives of Eli Bedaud and Augustus Traverse,
and to Louis Le Count, each, one-half a section. The said
grants shall be selected in said ceded territory, and shall
not be within said reservation, nor shall they interfere in
any way with the improvements of such persons as are on the
lands ceded above by authority of law; and all other persons
(other than Indians, or mixed-bloods) who are now residing
within said ceded country, by authority of law, shall have
the privilege of entering one hundred and sixty acres thereof,
to include each of their residences or improvements, at the
rate of one dollar and twenty-five cents per acre.
Article 8.
The said Yancton Indians shall be secured in the free and
unrestricted use of the red pipe-stone quarry, or so much
thereof as they have been accustomed to frequent and use for
the purpose of procuring stone for pipes; and the United States
hereby stipulate and agree to cause to be surveyed and marked
so much thereof as shall be necessary and proper for that
purpose, and retain the same and keep it open and free to
the Indians to visit and procure stone for pipes so long as
they shall desire.
Article 9.
The United States shall have the right to establish and maintain
such military posts, roads, and Indian agencies as may be
deemed necessary within the tract of country herein reserved
for the use of the Yanctons; but no greater quantity of land
or timber shall be used for said purposes than shall be actually
requisite; and if, in the establishment or maintenance of
such posts, roads, and agencies, the property of any Yancton
shall be taken, injured, or destroyed, just and adequate compensation
shall be made therefor by the United States.
Article 10.
No white person, unless in the employment of the United States,
or duly licensed to trade with the Yanctons, or members of
the families of such persons, shall be permitted to reside
or make any settlement upon any part of the tract herein reserved
for said Indians, nor shall said Indians alienate, sell, or
in any manner dispose of any portion thereof, except to the
United States. Whenever the Secretary of the Interior shall
direct, said tract shall be surveyed and divided as he shall
think proper among said Indians, so as to give to each head
of a family or single person a separate farm, with such rights
of possession or transfer to any other member of the tribe
or of descent to their heirs and representatives as he may
deem just.
Article 11.
The Yanctons acknowledge their dependence upon 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 members of any other tribe or
nation of of Indians; and in case of any such injuries or
depredations by said Yanctons, full compensation shall, as
far as possible, be made therefor out of their tribal annuities,
the amount in all cases to be determined by the Secretary
of the Interior. They further pledge themselves not to engage
in hostilities with any other tribe or nation, 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
officer of the United States all offenders against the treaties,
laws, or regulations of the United States, and to assist in
discovering, pursuing, and capturing all such offenders, who
may be within the limits of their reservation, whenever required
to do so by such officer.
Article 12.
To aid in preventing the evils of intemperance, it is hereby
stipulated that if any of the Yanctons shall drink, or procure
for others, intoxicating liquor, their proportion of the tribal
annuities shall be withheld from them for at least one year;
and for a violation of any of the stipulations of this agreement
on the part of the Yanctons they shall be liable to have their
annuities withheld, in whole or in part, and for such length
of time as the President of the United States shall direct.
Article 13.
No part of the annuities of the Yanctons shall be taken to
pay any debts, claims, or demands against them, except such
existing claims and demands as have been herein provided for,
and except such as may arise under this agreement, or under
the trade and inter-course laws of the United States.
Article 14.
The said Yanctons do hereby fully acquit and release the
United States from all demands against them on the part of
said tribe, or any individual thereof, except the beforementioned
right of the Yanctons to receive an annuity under said treaty
of Laramie, and except, also, such as are herein stipulated
and provided for.
Article 15.
For the special benefit of the Yanctons, parties to this
agreement, the United States agree to appoint an agent for
them, who shall reside on their said reservation, and shall
have set apart for his sole use and occupation, at such a
point as the Secretary of the Interior may direct, one hundred
and sixty acres of land.
Article 16.
All the expenses of the making of this agreement, and of
surveying the said Yancton reservation, and of surveying and
marking said pipe-stone quarry, shall be paid by the United
States.
Article 17.
This instrument shall take effect and be obligatory upon
the contracting parties whenever ratified by the Senate and
the President of the United States.
In testimony whereof, the said Charles E. Mix, commissioner,
as aforesaid, and the undersigned chiefs, delegates, and representatives
of the said tribe of Yancton Indians, have hereunto set their
hands and seals at the place and on the day first above written.
- Charles E. Mix, Commissioner. [L. S.]
- Pa-la-ne-apa-pe, or the Man that was struck by the Ree, his x mark. [L. S.]
- Ma-to-sa-be-che-a, or the Smutty Bear, his x mark. [L. S.]
- Charles F. Picotte, or Eta-ke-cha. [L. S.]
- Ta-ton-ka-wete-co, or the Crazy Bull, his x mark. [L. S.]
- Pse-cha-wa-kea, or the Jumping Thunder, his x mark. [L. S.]
- Ma-ra-ha-ton, or the Iron Horn, his x mark. [L. S.]
- Nombe-kah-pah, or One that knocks down two, his x mark. [L. S.]
- Ta-ton-ka-e-yah-ka, or the Fast Bull, his x mark. [L. S.]
- A-ha-ka Ma-ne, or the Walking Elk, his x mark. [L. S.]
- A-ha-ka-na-zhe, or the Standing Elk, his x mark. [L. S.]
- A-ha-ka-ho-che-cha, or the Elk with a bad voice, his x mark. [L. S.]
- Cha-ton-wo-ka-pa, or the Grabbing Hawk, his x mark. [L. S.]
- E-ha-we-cha-sha, or the Owl Man, his x mark. [L. S.]
- Pla-son-wa-kan-na-ge, or the White Medicine Cow that stands, by his duly authorized delegate and representative, Charles F. Picotte. [L. S.]
- Ma-ga-scha-che-ka, or the Little White Swan, by his duly authorized delegate and representative, Charles F. Picotte. [L. S.]
- O-ke-che-la-wash-ta, or the Pretty Boy, by his duly authorized delegate and representative, Chas. F. Picotte. [L. S.]
Executed in the presence of -
- A. H. Redfield, agent.
- J. B. S. Todd.
- Theophile Bruguier.
- John Dowling.
- Fr. Schmidt.
- John W. Wells.
- D. Walker.
- E. B. Grayson.
- S. J. Johnson.
- George P. Mapes.
- H. Bittinger.
- D. C. Davis.
- Zephier Roncontre, his x mark, United States interpreter.
Witness:
- J. B. S. Todd,
- Paul Dorain, his x mark.
- Charles Rulo, his x mark.
Witness:
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Native American Legends A-B