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Treaty with the Sioux, 1805

  • September 23, 1805
  • Ratified April 16, 1808.
  • Never proclaimed by the President.

Conference Between the United States of America and the Sioux Nation of Indians.*

Whereas, a conference held between the United States of America and the Sioux Nation of Indians, Lieut. Z. M. Pike, of the Army of the United States, and the chiefs and warriors of the said tribe, have agreed to the following articles, which when ratified and approved of by the proper authority, shall be binding on both parties:

ARTICLE 1

That the Sioux Nation grants unto the United States for the purpose of the establishment of military posts, nine miles square at the mouth of the river St. Croix, also from below the confluence of the Mississippi and St. Peters, up the Mississippi, to include the falls of St. Anthony, extending nine miles on each side of the river. That the Sioux Nation grants to the United States, the full sovereignty and power over said districts forever, without any let or hindrance whatsoever.

ARTICLE 2

That in consideration of the above grants the United States (shall, prior to taking possession thereof, pay to the Sioux two thousand dollars, or deliver the value thereof in such goods and merchandise as they shall choose).

ARTICLE 3

The United States promise on their part to permit the Sioux to pass, repass, hunt or make other uses of the said districts, as they have formerly done, without any other exception, but those specified in article first.

In testimony hereof, we, the undersigned, have hereunto set our hands and seals, at the mouth of the river St. Peters, on the 23rd day of September, one thousand eight hundred and five.

  • Z. M. Pike, [SEAL]
  • First Lieutenant and Agent at the above conference.
  • Le Petit Carbeau, his x mark. [SEAL.]
  • Way Aga Enogee, his x mark.[SEAL.]

*This treaty does not appear among those printed in the United States Statutes at Large. It was, however, submitted by the President to the Senate, March 29, 1808. The Senate committee reported favorably, on the 13th of April, with the following amendment to fill the blank in article 2, viz: "After the word States' in the second article insert the following words: shall, prior to taking possession thereof, pay to the Sioux two thousand dollars, or deliver the value thereof in such goods and merchandise as they shall choose.'" In this form the Senate, on the 16th of April, 1808, advised and consented to its ratification by a unanimous vote.

An examination of the records of the State Department fails to indicate any subsequent action by the President in proclaiming the ratification of this treaty; but more than twenty-five years subsequent to its approval by the Senate the correspondence of the War Department speaks of the cessions of land described therein as an accomplished fact.

Treaty with the Sioux — Sisseton and Wahpeton Bands, 1851

Articles of a treaty made and concluded at Traverse des Sioux, upon the Minnesota River, in the Territory of Minnesota, on the twenty-third day of July, eighteen hundred and fifty-one, between the United States of America, by Luke Lea, Commissioner of Indian Affairs, and Alexander Ramsey, governor and ex-officio superintendent of Indian affairs in said Territory, commissioners duly appointed for that purpose, and See-see-toan and Wah-pay-toan bands of Dakota or Sioux Indians.

ARTICLE 1

It is stipulated and solemnly agreed that the peace and friendship now so happily existing between the United States and the aforesaid bands of Indians, shall be perpetual.

ARTICLE 2

The said See-see-toan and Wah-pay-toan bands of Dakota or Sioux Indians, agree to cede, and do hereby cede, sell, and relinquish to the United States, all their lands in the State of Iowa; and, also all their lands in the Territory of Minnesota, lying east of the following line, to wit: Beginning at the junction of the Buffalo River with the Red River of the North; thence along the western bank of said Red River of the North, to the mouth of the Sioux Wood River; thence along the western bank of said Sioux Wood River to Lake Traverse; thence, along the western shore of said lake, to the southern extremity thereof; thence in a direct line, to the junction of Kampeska Lake with the Tchan-kas-an-data, or Sioux River; thence along the western bank of said river to its point of intersection with the northern line of the State of Iowa; including all the islands in said rivers and lake.

ARTICLE 3

[Stricken out.]

ARTICLE 4

In further and full consideration of said cession, the United States agree to pay to said Indians the sum of one million six hundred and sixty-five thousand dollars ($1,665,000,) at the several times, in the manner and for the purposes following, to wit:

1st. To the chiefs of the said bands, to enable them to settle their affairs and comply with their present just engagement; and in consideration of their removing themselves to the country set apart for them as above, which they agree to do within two years, or sooner, if required by the President, without further cost or expense to the United States, and in consideration of their subsisting themselves the first year after their removal, which they agree to do without further cost or expense on the part of the United States, the sum of two hundred and seventy-five thousand dollars, ($275,000):Provided, That said sum shall be paid to the chiefs in such manner as they, hereafter, in open council shall request, and as soon after the removal of said Indians to the home set apart for them, as the necessary appropriation therefore shall be made by Congress.

2d. To be laid out under the direction of the President for the establishment of manual-labor schools; the erection of mills and blacksmith shops, opening farms, fencing and breaking land, and for such other beneficial objects as may be deemed most conducive to the prosperity and happiness of said Indians, thirty thousand dollars, ($30,000.)

The balance of said sum of one million six hundred and sixty-five thousand dollars, ($1,665,000,) to wit: one million three hundred and sixty thousand dollars ($1,360,000) to remain in trust with the United States, and five per cent interest thereon to be paid, annually, to said Indians for the period of fifty years, commencing the first day of July, eighteen hundred and fifty-two (1852,) which shall be in full payment of said balance, principal and interest, the said payment to be applied under the direction of the President, as follows, to wit:

3d. For a general agricultural improvement and civilization fund, the sum of twelve thousand dollars, ($12,000.)

4th. For educational purposes, the sum of six thousand dollars, ($6,000.)

5th. For the purchase of goods and provisions, the sum of ten thousand dollars, ($10,000.)

6th. For money annuity, the sum of forty thousand dollars,($40,000.)

ARTICLE 5

The laws of the United States, prohibiting the introduction and sale of spirituous liquors in the Indian country shall be in full force and effect throughout the territory hereby ceded and lying in Minnesota until otherwise directed by Congress or the President of the United States.

ARTICLE 6

Rules and regulations to protect the rights of persons and property among the Indians, parties to this treaty, and adapted to their condition and wants, may be prescribed and enforced in such manner as the President or the Congress of the United States, from time to time, shall direct.

In testimony whereof, the said Commissioners, Luke Lea and Alexander Ramsey, and the undersigned Chiefs and Headmen of the aforesaid See-see-toan and Wah-pay-toan bands of Dakota or Sioux Indians, have hereunto subscribed their names and affixed their seals, in duplicate, at Traverse des Sioux, Territory of Minnesota, this twenty-third day of July, one thousand eight hundred and fifty-one.

  • L. Lea, [SEAL.]
  • Alex. Ramsey, [SEAL.]
  • Een-yang-ma-nee (Running Walker or “the Gun,”)
  • Wee-tchan-h' pee-ee-tay-toan, (the Star face or the “Orphan,”)
  • Ee-tay-wa-keen-yan, (“Limping Devil” or “Thunder Face,”)
  • Eesh-ta-hum-ba, (“Sleepy Eyes,”)
  • Oo-pee-ya-hen-day-a, (Extending his train,)
  • Hoak-shee-dan-wash-tay, (Good Boy,)
  • Ee-tay-tcho-ka, (Face in the midst,)
  • Hay-ha-hen-day-ma-za, (Metal Horn,)
  • Am-pay-too-sha, (Red Day,)
  • Eesh-ta-humba-koash-ka, (Sleepy Eyes young,)
  • A na-wang-ma-nee, (Who goes galloping on,)
  • Ma-h'pee-wee-tchash-ta, (Cloud man,)
  • Tan-pa-hee-da, (Sounding Moccasin,)
  • Eenk-pa, (the upper end,)
  • Wee-yoa-kee-yay, (Standard,)
  • Wa-kan-man-nee, (Walking Spirit,)
  • Ee-tay-sha, (the one that reddens his face,)
  • Ta-ka-ghay, (Elk maker,)
  • Wa-ma-ksoon-tay, (“Walnut,” or Blunt headed arrow,)
  • Ma-za-sh'a, (Metal Sounding,)
  • Ya-shoa-pee, (The wind instrument,)
  • Noan-pa keen-yan, (Twice Flying,)
  • Wash-tay-da, (Good, a little,)
  • Wa-keen-yan-ho-ta, (Grey Thunder,)
  • Wa-shee-tchoon-ma-za, (Iron French man,)
  • Ta-pe-ta-tan-ka, (His Big fire,)
  • Ma-h'pee-ya-h'na-shkan-shkan, (Moving Cloud,)
  • Wa-na-pay-a, (The pursuer,)
  • Ee-tcha-shkan-shkan-ma-nee, (Who walks shaking,)
  • Ta-wa-kan-he-day-ma-za, (His Metal Lighthing,)
  • Ee-tay doo-ta, (Red Face,)
  • Henok-marpi-yahdi-nape, (Reappearing Cloud,)
  • Tchan-hedaysh-ka-ho-toan-ma-nee, (the moving sounding Harp)
  • Ma-zaku-te-ma-ni, (Metal walks shooting,)
  • A-kee-tchee-ta, (Standing Soldier.)

Signed in presence of Thomas Foster, Secretary. Nathaniel McLean, Indian Agent. Alexander Faribault, Stephen R. Riggs, Interpreters. A. S. H. White; Thos. S. Williamson; W. C. Henderson; A. Jackson; James W. Boal; W. G. Le Duc; Alexis Bailly; H. L. Dousman; Hugh Tyler.

To the Indian names are subjoined marks.

SUPPLEMENTAL ARTICLE.

1st. The United States do hereby stipulate to pay the Sioux bands of Indians, parties to this treaty, at the rate of ten cents per acre, for the lands included in the reservation provided for in the third article of the treaty as originally agreed upon in the following words:

ARTICLE 3

In part consideration of the foregoing cession, the United States do hereby set apart for the future occupancy and home of the Dakota Indians, parties to this treaty, to be held by them as Indian lands are held, all that tract of country on either side of the Minnesota River, from the western boundary of the lands herein ceded, east, to the Tchay-tam-bay River on the north, and to 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 river; the boundaries of said tract to be marked out by as straight lines as practicable, whenever deemed expedient by the President, and in such manner as he shall direct:” which article has been stricken out of the treaty by the Senate, the said payment to be in lieu of said reservation: the amount when ascertained under instructions from the Department of the Interior, to be added to the trust-fund provided for in the fourth article.

2d. It is further stipulated, that the President be authorized, with the assent of the said band of Indians, parties to this treaty, and as soon after they shall have given their assent to the foregoing article, as may be convenient, to cause to be set apart by appropriate landmarks and boundaries, such tracts of country without the limits of the cession made by the first [2d] article of the treaty as may be satisfactory for their future occupancy and home: Provided, That the President may, by the consent of these Indians, vary the conditions aforesaid if deemed expedient.

Treaty with the Sioux — Sisseton and Wahpeton Bands, 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:

ARTICLE 1

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.

ARTICLE 2

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.

ARTICLE 3

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.

ARTICLE 4

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.

ARTICLE 5

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.

ARTICLE 6

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.

ARTICLE 7

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.

ARTICLE 8

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 said bands.

ARTICLE 9

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, &c., 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.

ARTICLE 10

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 written.

  • 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.

Mniwakan Oyate Flag Song

Made about 1946 by Mike Jackson, Mission District

  • hay Makawita kin he (that the country)
  • hay Tawiyokihena kin han wa tewadaka ca (I love the flag)
  • Wahacanka waye kin ohinniyan (always I use as a shield)
  • Miwakam ka bobog najin yedo (stand flapping above me)
    Free translation:
  • The Flag of the United States
  • I love, so:
  • I will always use it as a shield,
  • Standing flying above me.

Paul Yankton's Honor Song

  • Akicita kin he wanna aku yedo.
  • Wanju oh ipe ni yedo.
  • Koda ah ektana wanke do.
  • Hunkuota kun, he wanke yedo.
    Free Translation:
  • The soldiers are coming home.
  • One is not among them.
  • Friend, he lies over there.
  • Paul Yankton lies there.