Treaty with The Sioux - Upper Yanktonai Band
October 28, 1865
Articles of a treaty made and concluded at Fort Sully,
in the Territory of Dakota, by and between Newton Edmunds,
governor and ex-officio superintendent of Indian affairs of
Dakota Territory, Edward B. Taylor, superintendent of Indian
affairs for the northern superintendency, Major-General S.
R. Curtis, Brigadier-General H. H. Sibley, Henry W. Reed,
and Orrin Guernsey, commissioners on the part of the United
States, duly appointed by the President, and the undersigned
chiefs and head-men of the Upper Yanktonais band of Dakota
or Sioux Indians.
The Upper Yanktonais band of Dakota or Sioux Indians, represented
in council, hereby acknowledge themselves to be subject to
the exclusive jurisdiction and authority of the United States,
and hereby obligate and bind themselves, individually and
collectively, not only to cease all hostilities against the
persons and property of its citizens, but to use their influence,
and, if necessary, physical force, to prevent other bands
of the Dakota Indians, or other adjacent tribes, from making
hostile demonstrations against the Government or people of
the United States.
Inasmuch as the Government of the United States is desirous
to arrest the effusion of blood between the Indian tribes
within its jurisdiction hitherto at war with each other, the
Upper Yanktonais band of Dakota or Sioux Indians, represented
in council, anxious to respect the wishes of the Government,
hereby agree to discontinue for the future all attacks upon
the persons or property of other tribes, unless first attacked
by them, and to use their influence to promote peace everywhere
in the region occupied or frequented by them.
All controversies or differences arising between the Upper
Yanktonais band of Dakota or Sioux Indians, represented in
council, and other tribes of Indians, involving the question
of peace or war, shall be submitted for the abitrament of
the President, or such person or persons as may be designated
by him, and the decision or award faithfully observed by the
said band represented in council.
The said band represented in council shall withdraw from
the routes overland already established, or hereafter to be
established, through their country; and in consideration thereof,
and of their non-interference with the persons and property
of citizens of the United States travelling thereon, the Government
of the United States agree to pay the said band the sum of
ten thousand dollars, annually, for twenty years, in such
articles as the Secretary of the Interior may direct: Provided,
That said band so represented in council shall faithfully
conform to the requirements of this treaty.
Should any individual or individuals, or portion of the band
of the Upper Yanktonais band of Dakota or Sioux Indians, represented
in council, desire hereafter to locate permanently upon any
land claimed by said band for the purposes of agricultural
or other similar pursuits, it is hereby agreed by the parties
to this treaty that said individuals shall be protected in
such location against any annoyance or molestation on the
part of whites or Indians, and whenever twenty lodges or families
of the Upper Yanktonais band shall have located on land for
agricultural purposes, and signified the same to their agent
or superintendent, they, as well as other families so locating,
shall receive the sum of twenty-five dollars annually for
five years, for each family, in agricultural implements and
improvements; and when one hundred lodges or families shall
have so engaged in agricultural pursuits they shall be entitled
to a farmer and blacksmith at the expense of the Government,
as also teachers, at the option of the Secretary of the Interior,
whenever deemed necessary.
Any amendment or modification of this treaty by the Senate
of the United States shall be considered final and binding
upon the said band, represented in council, as a part of this
treaty, in the same manner as if it had been subsequently
presented and agreed to by the chiefs and head-men of said
In testimony whereof, the Commissioners on the part of the
United States, and the chiefs and headmen of the said Upper
Yanktonais band of Dakota or Sioux Indians, have hereunto
set their hands this twenty-eighth day of October, eighteen
hundred and sixty-five, after the contents had previously
been read, interpreted, and explained to the chiefs and headmen.
- Newton Edmunds,
- Edward B. Taylor,
- S. R. Curtis, major-general,
- H. H. Sibley, brigadier-general,
- Henry W. Reed,
- Orrin Guernsey.
The above signatures were made in our presence: -
- Geo. D. Hill.
- S. L. Spink.
- A. W. Hubbard.
- G. C. Moody.
- Chief: Big Head, Na-su-la-tan-ka, his x mark.
- Soldier: Big Hand, Na-pa-tan-ka, his x mark.
- Soldier: Left-handed Bear, Ma-to-chat-ka, his x mark.
- Soldier: The Fine Dressed Man, Wa-ich-co-ya-ka, his x mark.
- The Man Covered with Lice, Ha-o-poo-za, his x mark.
- Little Soldier, A-kich-it-a-chi-ki-la, his x mark.
- The Spread Horn, Ha-ka-ti-na, his x mark.
- Black Tiger, Ego-mo-sa-pa, his x mark.
- The Man Afraid of his War-club, Cham-pi-co-qui-pa, his x mark.
- The Big Shaved Head, Cosh-la-ton-ca, his x mark.
- Lazy Bear, Ma-to-chick-pa-ne, his x mark.
- The Man.
- Rock Man, Ton-ka-wi-cha-sa, his x mark.
- Chief: Black Catfish, O-wa-sa-pa, his x mark.
- Chief: The Curley-headed Goose, Ma-ga-bo-ma-do, his x mark.
The above signatures in this handwriting (that of Gen'l
Curtis) were made in presence of the undersigned, on the 28th
and 29th Oct., 1865, at Fort Sully.
- Maj. A. P. Shreve, Paymaster U. S. Army.
- John Pattee, Lieutenant-Colonel Seventh Iowa Cavalry.
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