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Treaty between the United States of America and different
tribes of Sioux Indians, concluded April 29 ,1868; {Ft. Laramie, Wyoming
Territory}
SIOUX-DIFFERENT TRIBES, BRULE S, O'GULLALAS, ETC.Treaty between
the United States of America and different tribes of Sioux Indians,
concluded April 29 et seq.,1868; ratification advised February 16, 1869.ANDREW
JOHNSON, President of the United States of America, to all and singular
to whom these presents shall come, greeting:
Whereas a treaty was made and concluded at Fort Laramie, in the Territory
of Dakota, [now in the Territory of Wyoming,] on the twenty-ninth day
of April, and afterwards, in the year of our Lord one thousand eight
hundred and sixty-eight, by and between Nathaniel G.Taylor, William
T. Sherman, William S. Harney, John B. Sanborn, S.F. Tappan, C. C. Augur,
and Alfred H. Terry, commissioners on the part of the United States,
and Ma-za-pon-kaska, Tah-shun-ka-co-qui-pah, Heh-won-ge-chat, Mah-to-non-pah,
Little Chief, Makh-pi-ah-lu-tah, Co-cam-i-ya-ya, Con-te-pe-ta, Ma-wa-tau-ni-hav-ska,
He-na-pin-wa-ni-ca, Wah-pah-shaw, and other chiefs and head-men of different
tribes of Sioux Indians, on the part of said Indians, and duly authorized
thereto by them, which treaty is in the words and figures following,
to wit:
Articles of a treaty made and concluded by and between Lieutenant-General
William T. Sherman, General William S. Harney, General Alfred H. Terry,
General C. C. Augur, J. B. Henderson, Nathaniel G. Taylor, John B. 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 head-men, whose names are hereto subscribed, they
being duly authorized to act in the premises.
ARTICLE 1. From this day forward all war between the parties to this
agreement shall forever 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 re-imburse 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 any 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 wrong-doer to the United States,
to be tried and punished according to its laws; and in case they wilfully
refuse so to do, the person injured shall be re-imbursed 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 re-imbursed therefor.
ARTICLE 2. The United States agrees that the following district of country,
to wit, viz: commencing on the east bank of the Missouri River where
the forty-sixth 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 one
hundred and fourth degree of longitude west from Greenwich; thence north
on said meridian to a point where the forty-sixth parallel of north
latitude intercepts the same; thence due east said parallel to the place
of beginning; and, in addition thereto, all existing reservations on
the east bank of said river shall be same is, set apart for the absolute
and undisturbed use and occupation of the Indians herein named, and
for such other tribes or individual Indians as from time to they may
be willing, with the consent of the United States, to admit amongst
them; and the United States now solemnly agprees that no persons except
those herein designated and authorized so to do, and except such officers,
agents, and employes 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 hence forth 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.
ARTICLE 3. If it should appear from actual survey or other satisfactory
examination of said tract of land that it contains less than one hundred
and sixty 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 shall be disposed to cornmence
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.
ARTICLE 4. 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 twenty-five hundred
dollars; an agency-building for the residence of the agent, to cost
not exceeding three thousand dollars; a residence for the physician,
to cost not more than three thousand dollars; and five other buildings,
for a carpenter, farmer, blacksmith, miller, and engineer, each to cost
not exceeding two thousand dollars; 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 five thousand dollars.
The United States agrees further to cause to be erecte 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 exceding eight thousand dollars.
ARTICLE 5. 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.
ARTICLE 6. 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, certifled, 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 res ervation,
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 he 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.
ARTICLE 7. 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.
ARTICLE 8. 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.
ARTICLE 9. At any time after ten years from 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 sum as will best promote the educational and moral
improvement of said tribes.
ARTICLE 10. 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 fourteen years of age, a suit of good substantial
woolen clothing, consisting of coat, pantaloons, flannel shirt, hat,
and a pair of home-made socks.
For each female over twelve years of age, a flannel skirt, or the goods
necessary to make it, a pair of woolen hose, twelve yards of calico,
and twelve 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 woolen 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 ten dollars
for each person entitled to the beneficial effects of this treaty shall
be annually appropriated for a period of thirty years, while such persons
roam and hunt, and twenty dollars 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 thirty 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 this 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
and complied with the stipulations of this treaty, shall be entitled
to receive from the United States for the period of four years after
he shall have settled 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 them, 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 sixty days after such
lodge or family shall have so settled upon said reservation.
ARTICLE 11. 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 reservation 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 waggon-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 said commissioners
to be a chief or head-man 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.
ARTICLE 12. 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
and 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 6 of this treaty.
ARTICLE 13. 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 estimates of the Secretary of
the Interior, as will be sufficient to employ such persons.
ARTICLE 14. 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.
ARTICLE 15. The Indians herein named agree that when the ageney-house
or other buildings shall be constructed on the reservation named, they
will regard the 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 11 hereof.
ARTICLE 16. 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.
ARTICLE 17. 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.
Proclaimed February 24, 1869.
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