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Establishing the Territory
Minnesota became a state in 1858. The organic law (the law that allowed the people of Minnesota to organize a state government) by which Congress created the state and its boundaries placed the state’s western edge along the Red River and roughly south along that line. The lands west of the Missouri River were made part of Nebraska Territory. The space between the Red River and the Missouri River was “unorganized.” It was neither territory nor state.
The few residents who lived in this region were perplexed. There were two population centers, 450 miles apart, at Yankton and Pembina. Without consulting the residents of Pembina, the residents of Yankton gathered at Bramble’s store on November 8, 1859 to write a petition to Congress asking to be organized as a territory. Without a government of some kind, there was no possibility for the citizens to vote, to create laws, to hire a sheriff, or to build a jail. There were no taxes, so there were no public schools or roads. Because the region was not a territory, there were no federal officers. The only source of law and order was the U.S. Army at Fort Randall on the Missouri River, and troops at Fort Abercrombie on the Red River. Congress ignored the petition; the residents were disappointed.
On January 15, 1861, not long after South Carolina seceded from the Union, but before the inauguration of Abraham Lincoln, Yankton residents sent a second petition to Congress. Congress responded quickly and sent an Organic Act creating Dakota Territory to President James Buchanan. The Act was signed on March 2, 1861. Eleven days later, the news reached Yankton. The new territorial citizens responded with a wild celebration.
President Lincoln appointed his old friend, neighbor, and fellow Republican, Dr. William Jayne (1861-1863) to be the first territorial governor. (All higher offices of the territory including Governor, Attorney General, and Marshals were appointed by the President.) Jayne arrived in the territory in May and set up housekeeping with the Attorney General in a log cabin. He studied the geography and population of the territory. With that information he organized electoral districts and called for the first territorial election to be held on September 16, 1861. The voters in Dakota Territory, just as in the rest of the United States, consisted of citizens who were male, over the age of 21, and “white.” White was understood to mean more than skin-color; it also meant that the person was of European heritage and English-speaking. Women, of course, did not have voting rights in the United States or the territories at that time. The voters chose members of the two houses of the territorial legislature and a non-voting delegate to Congress. The first legislature met on March 17, 1862. The legislature completed the work of writing a body of laws by mid-May.
The work of the territorial governor and the legislature was important to creating a functioning government, but very soon, the military crisis of the Civil War era would force officials to consider how to contribute to the effort to preserve the Union and to protect the growing population of Dakota Territory during the U.S.-Dakota War of 1862.
In August 1862, citizens volunteered for the first regiment of Dakota Cavalry (a second regiment organized in 1863). The soldiers prepared to defend their communities, especially Sioux Falls and Vermillion near the Minnesota state line. Though the expected attacks on the towns did not take place, the cavalry served with General Sully in 1863 at Whitestone Hill. The territorial government, with no income and no funds in the treasury, sent a gently worded “memorial,” or letter, to Congress asking for funds to pay the citizen-soldiers and other costs of the military action.
In 1863, the second territorial governor, Newton Edmunds, (1863-1866) followed the lead of President Lincoln in declaring October 26 a day of Thanksgiving. The holiday was not a nationally observed event until that year. Edmunds noted in his Proclamation that residents of Dakota Territory should give thanks for their many advantages.
Little by little, the territory of Dakota created a government and an orderly society. The territory depended financially upon the U.S. government, but the residents also participated in traditions and cultural events that drew them close to their national heritage.
* Organic laws were passed by Congress to create, or organize, new territories. An Organic Law establishes a government. In that way, a constitution is a type of organic law. The term comes from the French term reglement organique. The French used the term to refer to the rules for organizing a government.
Council Bill No. 41.
To Congress asking for an appropriation to defray the military expense incurred in the territory in 1862.
To the Honorable the Senate and House of Representatives of the United States in Congress assembled:
Your memorialists, the legislative Assembly of the Territory of Dakota, do represent, that, whereas, the governor of this Territory did, on the 30th day of August, A.D. 1862, issues a proclamation calling out the militia forces of the Territory, for the purpose of protection against expected attacks of hostile Sioux Indians, and whereas, our citizens liable to military duty, did respond promptly and faithfully to the call and commands of the governor, which valuable services rendered, have thus far been without payment or reward, as well as the other expenses incurred in furnishing provision for said military forces and in erecting fortifications, all of which more fully appears by the Territorial Auditor’s report herewith accompanying.
Therefore, your memorialists conscious of the justness of asking the general government to defray the expenses enumerated in the accompanying Auditor’s Report, do herby pray your honorable body to appropriate to the Territory of Dakota the sum of twenty-eight thousand one hundred and thirty-seven dollars and seventeen cents. Being the amount sufficient to meet the indebtedness incurred during the Indian hostilities of the fall of 1862.
Your memorialists ask the attention of Congress to the fact, that our territory is yet in its infancy, and has been retarded in the development of her resources by Indian troubles, and that it appears to your memorialists that it would be unjust to ask our citizens - by taxation – to meet the expense above referred to, especially when it is considered that at the commencement of our Indian troubles we were without adequate protection from the general government.
Your memorialists trust that your honorable body will not be unmindful of the important fact, that the amount asked for is comparatively small to the amounts claimed by other territories for similar services and under no more trying circumstances; and further, your memorialists do aver that the several amounts audited and allowed by the commissioner, appointed by the Legislative Assembly for such purposes, are reasonable in the extreme, and it is earnestly hope that the valuable services of our citizen soldiers will not be permitted by Congress to go unrequited in so small a degree when, by their untiring watchfulness, and hardships endured by them in the fields, protection was not only afforded to our own settlements, but to the settlements of northern Nebraska, northwestern Iowa, and western Minnesota.
His Excellency the Governor of this Territory, is hereby requested to forward a certified copy of this memorial to Hon. William Jayne, our delegate in Congress, together with the Territorial Auditor’s Report and also to forward copies of the same to the honorable Senate and House of Representatives of the United States.
Source: SHSND archives. Series 76 Box 1 File 3. Official Papers of the Governor
Thanksgiving Proclamation by the Governor of Dakota Territory
In accordance with the proclamation of the President of the United States, and a time honored usage of this Country, I Newton Edmunds Governor of Dakota Territory, do herby appoint the last Thursday of November next as a day of Thanksgiving to Almighty God for his great mercies and many blessings the past year, in that he has preserved our lives, blessed us with health and grain as an abundant harvest, in that he has protected us from the hands of the cruel and relentless savages and kept us from all harm.
Let us thank God for the immortal triumphs of our arms in this great struggle for our National preservation and let us thank Him also for the bravery, indomitable energy, and perseverance of our citizen soldiers.
Let us thank God for the preservation of our free institutions won by the fortitude, bravery and blood of our fathers, and handed down to us with their blessing.
Let us acknowledge before God, our manifold and grievous sins as a nation, and with a firm reliance on the great Ruler of the Universe commit our cause to Him in whose hands are the destinies of Nations.
In testimony whereof I have hereunto set my hand and caused the great seal of the Territory to be affixed. Done at the city of Yankton Dakota Territory this 26th day of October AD 1863.
Transcription of Thanksgiving Proclamation by Newton Edmunds October 26th, 1863 (SHSND Series NO. 76, file 11)
The governor of Dakota Territory had the responsibility of representing the federal government as Superintendent of Indian Affairs in the territory. Governor Newton Edmunds took a strong interest in peace treaties.
Governor Edmunds (1863-1866) served during a time of unrest. The Dakotas, or Sioux, tried to defend their homes and families by driving the European-American newcomers out. Dakotas attacked Fort Rice and Fort Berthold in the northern part of the territory. They attacked settlers near Yankton and Elk Point in the southern part of the territory. Many settlers felt they were not safe and asked the government to provide protection.
Edmunds believed that people who disagreed could discuss their problems and come to a solution. He thought negotiations and treaties were better than war. In 1863, he arranged for the Santee Dakotas (a part of the Great Sioux Nation) who had been imprisoned at Crow Creek after the U.S.-Dakota War of 1862 to be moved to a reservation along the Niobrara River and the Nebraska border. While this was not ideal for the Santees who wanted to return to their homelands, it did give them a somewhat better situation than they had at Crow Creek. The treaty pleased settlers in Dakota Territory who wanted fewer Indians along the Missouri River.
Before he could negotiate treaties, Edmunds had to convince General John Pope that treaties would bring peace to Dakota Territory. Pope, who was in charge of all military operations in Dakota, believed that only military force was effective against Indians. Edmunds finally convinced the Secretary of the Interior, James Harlan, to overrule General Pope and allow him to start negotiations.
Edmunds offered annuities (yearly payments of cash, food, and goods) in exchange for land and peaceful relationships between Dakota tribes and the European-American settlers. He believed that this was a fair exchange and that the Dakotas would have to accept the fact that settlers were moving into the territory and wanted Indians to cede, or give up, their treaty lands. The Dakotas did not trust Edmunds, but some members of Dakota bands signed the treaties in 1865 and 1866.
The treaties of 1866 did not bring peace. The law required that treaties had to be signed by three-fourths of all adult males of the tribes. Edmunds’ treaties were signed by three-fourths of all the adult males present at the negotiations. Most of those present were already inclined toward peace. Several important leaders, including Sitting Bull and Crazy Horse and their followers, did not attend the peace negotiations, so they were not committed to the peace treaties.
The treaties of 1865 and 1866 were not very complete. Two years later, these treaties were set aside by the Treaty of Fort Laramie of 1868 which was signed by many more important leaders. Though Edmunds failed to bring peace to Dakota Territory, these treaties did make steamboat traffic on the Missouri River safer and brought some security to the settlers’ villages. Edmunds also established some Indian agencies along the Missouri River where the tribes that signed the treaties could go for supplies or to talk to federal agents.
Treaty with the Blackfeet Sioux, 1865
Oct. 19, 1865 | 14 Stat., 727 | Ratified Mar. 5, 1866 | Proclaimed Mar. 17, 1866
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 headmen of the Blackfeet band of Dakota or Sioux Indians.
The Blackfeet 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 or Sioux, or other adjacent tribes from making hostile demonstrations against the Government of the United States, or its people.
Inasmuch as the Government of the United States is desirous to arrest the effusion of blood between the Indian tribes within its jurisdiction hitherto a[t] war with each other, the Blackfeet band of Dakota or Sioux, represented in council, anxious to respect the wishes of the Government, hereby agree and bind themselves to discontinue for the future all attacks upon the persons or property of other tribes, unless first assailed 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 Blackfeet band of Dakota or Sioux, represented in council, and other tribes of Indians, involving the question of peace or war, shall be submitted for the arbitrament 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, the Government of the United States agree to pay to the said band the sum of seven 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.
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 headmen of said nation.
In testimony whereof the commissioners on the part of the United States, and the chiefs and headmen of the said Blackfeet band of the Dakota or Sioux, have hereunto set their hands, this nineteenth day of October, one thousand eight hundred and sixty-five, after the contents had previously been read, interpreted, and explained to the said chiefs and headmen.
Edward B. Taylor,
S. R. Curtis, major-general,
H. H. Sibley, brigadier-general,
Henry W. Reed,
Wah-hah-chunk-i-ah-pee, The One that is used as a Shield, his x mark
Wah-mun-dee-wak-kon-o, The War Eagle in the Air, his x mark
Braves or Soldiers:
Mah-to-ko-ke-pah, He that Fears the Bear, his x mark
A-hack-ah-sap-pah, The Black Stag, his x mark
A-hack-ah-we-chash-tah, The Stag Man, his x mark
Mah-to-wash-tay, The Good Bear, his x mark
Tah-ton-kah-ho-wash-tay, The Buffalo with a Fine Voice, his x mark
Oya-hin-di-a-man-nee, The Track that Rings as it Walks, his x mark
Shon-kah-hon-skah, The Long Dog, his x mark
Shon-kah-wah-mun-dee, The Dog War Eagle, his x mark
Wah-mun-dee-you-hah, He that has the War Eagle, his x mark
Muz-zah-to-yah, The Blue Iron, his x mark
Chief Chan-ta-pa-ta, Fire Heart, his x mark
Chief Chan-ta-non-pas, Two Hearts, his x mark
Signed by the Commissioners on the part of the United States, and by the chiefs and headmen after the treaty had been fully read, interpreted, and explained, in our presence:
A. W. Hubbard, M. C. Sixth District Iowa
E. F. Ruth, secretary to Commission
O. D. Barrett, special agent Indian Affairs
S. S. Curtis, major, Second Colorado Cavalry
R. R. Hitt, reporter of the Commission
Zephier Recontre, his x mark
Charles Degres, his x mark
Ce-ha-pa-chi-ke-la, Little Blackfoot, his x mark
Chan-ta-pe-a, Strong Heart, his x mark
Non-pa-ge-gu-mugama, Round Hand, his x mark
Source: Oklahoma State University Electronic Publishing Center
Treaty of Fort Laramie (1868)
ARTICLES OF A TREATY MADE AND CONCLUDED BY AND BETWEEN
Lieutenant General William T. Sherman, General William S. Harney, General Alfred H. Terry, General O. O. Augur, J. B. Henderson, Nathaniel G. Taylor, John G. Sanborn, and Samuel F. Tappan, duly appointed commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises.
From this day forward all war between the parties to this agreement shall for ever cease. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to maintain it.
If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person or property of nay one, white, black, or Indian, subject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, upon proof made to their agent, and notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws, and, in case they willfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities, or other moneys due or to become due to them under this or other treaties made with the United States; and the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper, but no one sustaining loss while violating the provisions of this treaty, or the laws of the United States, shall be reimbursed therefor.
The United States agrees that the following district of country, to wit, viz: commencing on the east bank of the Missouri river where the 46th parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of the State of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the 104th degree of longitude west from Greenwich, thence north on said meridian to a point where the 46th parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existing reservations of the east back of said river, shall be and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons, except those herein designated and authorized so to do, and except such officers, agents, and employees of the government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided.
If it should appear from actual survey or other satisfactory examination of said tract of land that it contains less than 160 acres of tillable land for each person who, at the time, may be authorized to reside on it under the provisions of this treaty, and a very considerable number of such persons hsall be disposed to comence cultivating the soil as farmers, the United States agrees to set apart, for the use of said Indians, as herein provided, such additional quantity of arable land, adjoining to said reservation, or as near to the same as it can be obtained, as may be required to provide the necessary amount.
The United States agrees, at its own proper expense, to construct, at some place on the Missouri river, near the centre of said reservation where timber and water may be convenient, the following buildings, to wit, a warehouse, a store-room for the use of the agent in storing goods belonging to the Indians, to cost not less than $2,500; an agency building, for the residence of the agent, to cost not exceeding $3,000; a residence for the physician, to cost not more than $3,000; and five other buildings, for a carpenter, farmer, blacksmith, miller, and engineer-each to cost not exceeding $2,000; also, a school-house, or mission building, so soon as a sufficient number of children can be induced by the agent to attend school, which shall not cost exceeding $5,000.
The United States agrees further to cause to be erected on said reservation, near the other buildings herein authorized, a good steam circular saw-mill, with a grist-mill and shingle machine attached to the same, to cost not exceeding $8,000.
The United States agrees that the agent for said Indians shall in the future make his home at the agency building; that he shall reside among them, and keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint by and against the Indians as may be presented for investigation under the provisions of their treaty stipulations, as also for the faithful discharge of other duties enjoined on him by law. In all cases of depredation on person or property he shall cause the evidence to be taken in writing and forwarded, together with his findings, to the Commissioner of Indian Affairs, whose decision, subject to the revision of the Secretary of the Interior, shall be binding on the parties to this treaty.
If any individual belonging to said tribes of Indians, or legally incorporated with them, being the head of a family, shall desire to commence farming, he shall have the privilege to select, in the presence and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding three hundred and twenty acres in extent, which tract, when so selected, certified, and recorded in the 'Land Book' as herein directed, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not being the head of a family, may in like manner select and cause to be certified to him or her, for purposes of cultivation, a quantity of land, not exceeding eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate, containing a description thereof and the name of the person selecting it, with a certificate endorsed thereon that the same has been recorded, shall be delivered to the party entitled to it, by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the 'Sioux Land Book.'
The President may, at any time, order a survey of the reservation, and, when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation and descent of property between the Indians and their descendants as may be thought proper. And it is further stipulated that any male Indians over eighteen years of age, of any band or tribe that is or shall hereafter become a party to this treaty, who now is or who shall hereafter become a resident or occupant of any reservation or territory not included in the tract of country designated and described in this treaty for the permanent home of the Indians, which is not mineral land, nor reserved by the United States for special purposes other than Indian occupation, and who shall have made improvements thereon of the value of two hundred dollars or more, and continuously occupied the same as a homestead for the term of three years, shall be entitled to receive from the United States a patent for one hundred and sixty acres of land including his said improvements, the same to be in the form of the legal subdivisions of the surveys of the public lands. Upon application in writing, sustained by the proof of two disinterested witnesses, made to the register of the local land office when the land sought to be entered is within a land district, and when the tract sought to be entered is not in any land district, then upon said application and proof being made to the Commissioner of the General Land Office, and the right of such Indian or Indians to enter such tract or tracts of land shall accrue and be perfect from the date of his first improvements thereon, and shall continue as long as be continues his residence and improvements and no longer. And any Indian or Indians receiving a patent for land under the foregoing provisions shall thereby and from thenceforth become and be a citizen of the United States and be entitled to all the privileges and immunities of such citizens, and shall, at the same time, retain all his rights to benefits accruing to Indians under this treaty.
In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as are or may be settled on said agricultural reservations, and they, therefore, pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school, and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that for every thirty children between said ages, who can be induced or compelled to attend school, a house shall be provided, and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than twenty years.
When the head of a family or lodge shall have selected lands and received his certificate as above directed, and the agent shall be satisfied that he intends in good faith to commence cultivating the soil for a living, he shall be entitled to receive seeds and agricultural implements for the first year, not exceeding in value one hundred dollars, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seeds and implements as aforesaid, not exceeding in value twenty-five dollars. And it is further stipulated that such persons as commence farming shall receive instruction from the farmer herein provided for, and whenever more than one hundred persons shall enter upon the cultivation of the soil, a second blacksmith shall be provided, with such iron, steel, and other material as may be needed.
At any time after ten years fro the making of this treaty, the United States shall have the privilege of withdrawing the physician, farmer, blacksmith, carpenter, engineer, and miller herein provided for, but in case of such withdrawal, an additional sum thereafter of ten thousand dollars per annum shall be devoted to the education of said Indians, and the Commissioner of Indian Affairs shall, upon careful inquiry into their condition, make such rules and regulations for the expenditure of said sums as will best promote the education and moral improvement of said tribes.
In lieu of all sums of money or other annuities provided to be paid to the Indians herein named under any treaty or treaties heretofore made, the United States agrees to deliver at the agency house on the reservation herein named, on or before the first day of August of each year, for thirty years, the following articles, to wit:
For each male person over 14 years of age, a suit of good substantial woollen clothing, consisting of coat, pantaloons, flannel shirt, hat, and a pair of home-made socks.
For each female over 12 years of age, a flannel shirt, or the goods necessary to make it, a pair of woollen hose, 12 yards of calico, and 12 yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as may be needed to make each a suit as aforesaid, together with a pair of woollen hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate properly for the articles herein named, it shall be the duty of the agent each year to forward to him a full and exact census of the Indians, on which the estimate from year to year can be based.
And in addition to the clothing herein named, the sum of $10 for each person entitled to the beneficial effects of this treaty shall be annually appropriated for a period of 30 years, while such persons roam and hunt, and $20 for each person who engages in farming, to be used by the Secretary of the Interior in the purchase of such articles as from time to time the condition and necessities of the Indians may indicate to be proper. And if within the 30 years, at any time, it shall appear that the amount of money needed for clothing, under this article, can be appropriated to better uses for the Indians named herein, Congress may, by law, change the appropriation to other purposes, but in no event shall the amount of the appropriation be withdrawn or discontinued for the period named. And the President shall annually detail an officer of the army to be present and attest the delivery of all the goods herein named, to the Indians, and he shall inspect and report on the quantity and quality of the goods and the manner of their delivery. And it is hereby expressly stipulated that each Indian over the age of four years, who shall have removed to and settled permanently upon said reservation, one pound of meat and one pound of flour per day, provided the Indians cannot furnish their own subsistence at an earlier date. And it is further stipulated that the United States will furnish and deliver to each lodge of Indians or family of persons legally incorporated with the, who shall remove to the reservation herein described and commence farming, one good American cow, and one good well-broken pair of American oxen within 60 days after such lodge or family shall have so settled upon said reservation.
In consideration of the advantages and benefits conferred by this treaty and the many pledges of friendship by the United States, the tribes who are parties to this agreement hereby stipulate that they will relinquish all right to occupy permanently the territory outside their reservations as herein defined, but yet reserve the right to hunt on any lands north of North Platte, and on the Republican Fork of the Smoky Hill river, so long as the buffalo may range thereon in such numbers as to justify the chase. And they, the said Indians, further expressly agree:
1st. That they will withdraw all opposition to the construction of the railroads now being built on the plains.
2d. That they will permit the peaceful construction of any railroad not passing over their reservation as herein defined.
3d. That they will not attack any persons at home, or travelling, nor molest or disturb any wagon trains, coaches, mules, or cattle belonging to the people of the United States, or to persons friendly therewith.
4th. They will never capture, or carry off from the settlements, white women or children.
5th. They will never kill or scalp white men, nor attempt to do them harm.
6th. They withdraw all pretence of opposition to the construction of the railroad now being built along the Platte river and westward to the Pacific ocean, and they will not in future object to the construction of railroads, wagon roads, mail stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the government will pay the tribe whatever amount of damage may be assessed by three disinterested commissioners to be appointed by the President for that purpose, one of the said commissioners to be a chief or headman of the tribe.
7th. They agree to withdraw all opposition to the military posts or roads now established south of the North Platte river, or that may be established, not in violation of treaties heretofore made or hereafter to be made with any of the Indian tribes.
No treaty for the cession of any portion or part of the reservation herein described which may be held in common, shall be of any validity or force as against the said Indians unless executed and signed by at least three-fourths of all the adult male Indians occupying or interested in the same, and no cession by the tribe shall be understood or construed in such manner as to deprive, without his consent, any individual member of the tribe of his rights to any tract of land selected by him as provided in Article VI of this treaty.
The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons.
It is agreed that the sum of five hundred dollars annually for three years from date shall be expended in presents to the ten persons of said tribe who in the judgment of the agent may grow the most valuable crops for the respective year.
The Indians herein named agree that when the agency house and other buildings shall be constructed on the reservation named, they will regard said reservation their permanent home, and they will make no permanent settlement elsewhere; but they shall have the right, subject to the conditions and modifications of this treaty, to hunt, as stipulated in Article XI hereof.
The United States hereby agrees and stipulates that the country north of the North Platte river and east of the summits of the Big Horn mountains shall be held and considered to be unceded. Indian territory, and also stipulates and agrees that no white person or persons shall be permitted to settle upon or occupy any portion of the same; or without the consent of the Indians, first had and obtained, to pass through the same; and it is further agreed by the United States, that within ninety days after the conclusion of peace with all the bands of the Sioux nation, the military posts now established in the territory in this article named shall be abandoned, and that the road leading to them and by them to the settlements in the Territory of Montana shall be closed.
It is hereby expressly understood and agreed by and between the respective parties to this treaty that the execution of this treaty and its ratification by the United States Senate shall have the effect, and shall be construed as abrogating and annulling all treaties and agreements heretofore entered into between the respective parties hereto, so far as such treaties and agreements obligate the United States to furnish and provide money, clothing, or other articles of property to such Indians and bands of Indians as become parties to this treaty, but no further.
In testimony of all which, we, the said commissioners, and we, the chiefs and headmen of the Brule band of the Sioux nation, have hereunto set our hands and seals at Fort Laramie, Dakota Territory, this twenty-ninth day of April, in the year one thousand eight hundred and sixty-eight.
N. G. TAYLOR,
W. T. SHERMAN,
WM. S. HARNEY,
JOHN B. SANBORN,
S. F. TAPPAN,
C. C. AUGUR,
ALFRED H. TERRY,
Brevet Major General
A. S. H. WHITE,
Executed on the part of the Brule band of Sioux by the chiefs and headman whose names are hereto annexed, they being thereunto duly authorized, at Fort Laramie, D. T., the twenty-ninth day of April, in the year A. D. 1868.
MA-ZA-PON-KASKA, his X mark, Iron Shell.
WAH-PAT-SHAH, his X mark, Red Leaf.
HAH-SAH-PAH, his X mark, Black Horn.
ZIN-TAH-GAH-LAT-WAH, his X mark, Spotted Tail.
ZIN-TAH-GKAH, his X mark, White Tail.
ME-WAH-TAH-NE-HO-SKAH, his X mark, Tall Man.
SHE-CHA-CHAT-KAH, his X mark, Bad Left Hand.
NO-MAH-NO-PAH, his X mark, Two and Two.
TAH-TONKA-SKAH, his X mark, White Bull.
CON-RA-WASHTA, his X mark, Pretty Coon.
HA-CAH-CAH-SHE-CHAH, his X mark, Bad Elk.
WA-HA-KA-ZAH-ISH-TAH, his X mark, Eye Lance.
MA-TO-HA-KE-TAH, his X mark, Bear that looks behind.
BELLA-TONKA-TONKA, his X mark, Big Partisan.
MAH-TO-HO-HONKA, his X mark, Swift Bear.
TO-WIS-NE, his X mark, Cold Place.
ISH-TAH-SKAH, his X mark, White Eye.
MA-TA-LOO-ZAH, his X mark, Fast Bear.
AS-HAH-HAH-NAH-SHE, his X mark, Standing Elk.
CAN-TE-TE-KI-YA, his X mark, The Brave Heart.
SHUNKA-SHATON, his X mark, Day Hawk.
TATANKA-WAKON, his X mark, Sacred Bull.
MAPIA SHATON, his X mark, Hawk Cloud.
MA-SHA-A-OW, his X mark, Stands and Comes.
SHON-KA-TON-KA, his X mark, Big Dog.
ASHTON S. H. WHITE,
Secretary of Commission.
GEORGE B. WITHS,
Phonographer to Commission.
GEO. H. HOLTZMAN.
JOHN D. HOWLAND.
JAMES C. O'CONNOR.
CHAR. E. GUERN,
LEON T. PALLARDY,
Executed on the part of the Ogallalla band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized, at Fort Laramie, the 25th day of May, in the year A. D. 1868.
TAH-SHUN-KA-CO-QUI-PAH, his mark, Man-afraid-of-his-horses.
SHA-TON-SKAH, his X mark, White Hawk.
SHA-TON-SAPAH, his X mark, Black Hawk.
EGA-MON-TON-KA-SAPAH, his X mark, Black Tiger
OH-WAH-SHE-CHA, his X mark, Bad Wound.
PAH-GEE, his X mark, Grass.
WAH-NON SAH-CHE-GEH, his X mark, Ghost Heart.
COMECH, his X mark, Crow.
OH-HE-TE-KAH, his X mark, The Brave.
TAH-TON-KAH-HE-YO-TA-KAH, his X mark, Sitting Bull.
SHON-KA-OH-WAH-MEN-YE, his X mark, Whirlwind Dog.
HA-KAH-KAH-TAH-MIECH, his X mark, Poor Elk.
WAM-BU-LEE-WAH-KON, his X mark, Medicine Eagle
CHON-GAH-MA-HE-TO-HANS-KA, his X mark, High Wolf.
WAH-SECHUN-TA-SHUN-KAH, his X mark, American Horse.
MAH-KAH-MAH-HA-MAK-NEAR, his X mark, Man that walks under the ground.
MAH-TO-TOW-PAH, his X mark, Four Bears.
MA-TO-WEE-SHA-KTA, his X mark, One that kills the bear.
OH-TAH-KEE-TOKA-WEE-CHAKTA, his X mark, One that kills in a hard place.
TAH-TON-KAH-TA-MIECH, his X mark, The Poor Bull.
OH-HUNS-EE-GA-NON-SKEN, his X mark, Mad Shade.
SHAH-TON-OH-NAH-OM-MINNE-NE-OH-MINNE, his X mark, Whirling hawk.
MAH-TO-CHUN-KA-OH, his X mark, Bear's Back.
CHE-TON-WEE-KOH, his X mark, Fool Hawk.
WAH-HOH-KE-ZA-AH-HAH, his X mark,
EH-TON-KAH, his X mark, Big Mouth.
MA-PAH-CHE-TAH, his X mark, Bad Hand.
WAH-KE-YUN-SHAH, his X mark, Red Thunder.
WAK-SAH, his X mark, One that Cuts Off.
CHAH-NOM-QUI-YAH, his X mark, One that Presents the Pipe.
WAH-KE-KE-YAN-PUH-TAH, his X mark, Fire Thunder.
MAH-TO-NONK-PAH-ZE, his X mark, Bear with Yellow Ears.
CON-REE-TEH-KA, his X mark, The Little Crow.
HE-HUP-PAH-TOH, his X mark, The Blue War Club.
SHON-KEE-TOH, his X mark, The Blue Horse.
WAM-BALLA-OH-CONQUO, his X mark, Quick Eagle.
TA-TONKA-SUPPA, his X mark, Black Bull.
MOH-TOH-HA-SHE-NA, his X mark, The Bear Hide.
S. E. WARD.
JAS. C. O'CONNOR.
J. M. SHERWOOD.
W. C. SLICER.
H. M. MATHEWS.
Executed on the part of the Minneconjou band of Sioux by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.
HEH-WON-GE-CHAT, his X mark, One Horn.
OH-PON-AH-TAH-E-MANNE, his X mark, The Elk that Bellows Walking.
HEH-HO-LAH-ZEH-CHA-SKAH, his X mark, Young White Bull.
WAH-CHAH-CHUM-KAH-COH-KEEPAH, his X mark, One that is Afraid of Shield.
HE-HON-NE-SHAKTA, his X mark, The Old Owl.
MOC-PE-A-TOH, his X mark, Blue Cloud.
OH-PONG-GE-LE-SKAH, his X mark, Spotted Elk.
TAH-TONK-KA-HON-KE-SCHUE, his X mark, Slow bull.
SHONK-A-NEE-SHAH-SHAH-ATAH-PE, his X mark, The Dog Chief.
MA-TO-TAH-TA-TONK-KA, his X mark, Bull Bear.
WOM-BEH-LE-TON-KAH, his X mark, The Big Eagle.
MATOH, EH-SCHNE-LAH, his X mark, The Lone Bear.
MA-TOH-OH-HE-TO-KEH, his X mark, The Brave Bear.
EH-CHE-MA-KEH, his X mark, The Runner.
TI-KI-YA, his X mark, The Hard.
HE-MA-ZA, his X mark, Iron Horn.
JAS. C O'CONNOR,
WM. D. BROWN,
Executed on the part of the Yanctonais band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized:
MAH-TO-NON-PAH, his X mark, Two Bears.
MA-TO-HNA-SKIN-YA, his X mark, Mad Bear.
HE-O-PU-ZA, his X mark, Louzy.
AH-KE-CHE-TAH-CHE-KA-DAN, his X mark, Little Soldier.
MAH-TO-E-TAN-CHAN, his X mark, Chief Bear.
CU-WI-TO-WIA, his X mark, Rotten Stomach.
SKUN-KA-WE-TKO, his X mark, Fool Dog.
ISH-TA-SAP-PAH, his X mark, Black Eye.
IH-TAN-CHAN, his X mark, The Chief.
I-A-WI-CA-KA, his X mark, The One who Tells the Truth.
AH-KE-CHE-TAH, his X mark, The Soldier.
TA-SHI-NA-GI, his X mark, Yellow Robe.
NAH-PE-TON-KA, his X mark, Big Hand.
CHAN-TEE-WE-KTO, his X mark, Fool Heart.
HOH-GAN-SAH-PA, his X mark, Black Catfish.
MAH-TO-WAH-KAN, his X mark, Medicine Bear.
SHUN-KA-KAN-SHA, his X mark, Red Horse.
WAN-RODE, his X mark, The Eagle.
CAN-HPI-SA-PA, his X mark, Black Tomahawk.
WAR-HE-LE-RE, his X mark, Yellow Eagle.
CHA-TON-CHE-CA, his X mark, Small Hawk, or Long Fare.
SHU-GER-MON-E-TOO-HA-SKA, his X mark, Fall Wolf.
MA-TO-U-TAH-KAH, his X mark, Sitting Bear.
HI-HA-CAH-GE-NA-SKENE, his X mark, Mad Elk.
LITTLE CHIEF, his X mark.
TALL BEAR, his X mark.
TOP MAN, his X mark.
NEVA, his X mark.
THE WOUNDED BEAR, his X mark.
WHIRLWIND, his X mark.
THE FOX, his X mark.
THE DOG BIG MOUTH, his X mark.
SPOTTED WOLF, his X mark.
SORREL HORSE, his X mark.
BLACK COAL, his X mark.
BIG WOLF, his X mark.
KNOCK-KNEE, his X mark.
BLACK CROW, his X mark.
THE LONE OLD MAN, his X mark.
PAUL, his X mark.
BLACK BULL, his X mark.
BIG TRACK, his X mark.
THE FOOT, his X mark.
BLACK WHITE, his X mark.
YELLOW HAIR, his X mark.
LITTLE SHIELD, his X mark.
BLACK BEAR, his X mark.
WOLF MOCASSIN, his X mark.
BIG ROBE, his X mark.
WOLF CHIEF, his X mark.
ROBERT P. MCKIBBIN,
Captain 4th Infantry, and Bvt. Lieut. Col. U.S.A.,
Commanding Fort Laramie.
WM. H. POWELL,
Brevet Major, Captain 4th Infantry.
HENRY W. PATTERSON,
Captain 4th Infantry.
THEO E. TRUE,
Second Lieutenant 4th Infantry.
W. G. BULLOCK.
FORT LARAMIE, WYOMING TERRITORY, November 6, 1868.
MAH-PI-AH-LU-TAH, his X mark, Red Cloud.
WA-KI-AH-WE-CHA-SHAH, his X mark, Thunder Man.
MA-ZAH-ZAH-GEH, his X mark, Iron Cane.
WA-UMBLE-WHY-WA-KA-TUYAH, his X mark, High Eagle.
KO-KE-PAH, his X mark, Man Afraid.
WA-KI-AH-WA-KOU-AH, his X mark, Thunder Flying Running.
W. MCE. DYE,
Brevet Colonel U.S. Army,
ROBT. P. MCKIBBIN,
Captain 4th Infantry, Bvt. Lieut. Col. U.S. Army.
A. B. CAIN,
Captain 4th Infantry, Brevet Major U.S. Army.
Captain 4th Infantry.
G. L. LUHN,
First Lieutenant 4th Infantry, Bvt. Capt. U.S. Army.
H. C. SLOAN,
Second Lieutenant 4th Infantry.
Source: Read More About the Fort Laramie Treaty of 1851