Treaty with the Sioux - Lower Brule Band
Oct. 14, 1865. | 14 Stats., 699
Ratified Mar. 5, 1866
Proclaimed Mar. 17, 1866
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 Lower Brulé
band of Dakota or Sioux Indians.
The Lower Brulé 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 at war with each other,
the Lower Brulé band of Dakotas 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 Lower
Brulé band of Dakotas 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 six 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
Lower Brulé band of Dakotas, or Sioux, represented
in council, desire hereafter to locate permanently upon
any part of the lands claimed by the said band, for the
purpose of agricultural or other pursuits, it is hereby
agreed by the parties to this treaty that such individual
or individuals shall be protected in such location against
any annoyance or molestation on the part of whites or
It is hereby agreed upon the part of the Government of
the United States that the said band of Lower Brulés
shall locate on a permanent reservation at or near the
mouth of the White River, to include Fort Lookout, twenty
miles in a straight line along the Missouri River, and
ten miles in depth; and that upon the actual occupation
of not less than fifty lodges or families of said reservation,
and their engaging permanently in agricultural and other
kindred pursuits, the Government of the United States
agree to furnish at its own cost the sum of twenty-five
dollars for each and every lodge or family so
engaged, as a common fund, to be expended in stock, agricultural
and other implements and general improvements as shall
be directed by the Secretary of the Interior; the said
sum to be furnished annually for five years. It being
understood that the said stock, agricultural and other
implements shall be and remain the property of the United
States, to be used and employed for the exclusive benefit
of the lodges or families so located, and in no case to
be sold or alienated by the said band or any member thereof;
and the United States further engage to employ at its
own cost a blacksmith and farmer for the benefit of the
said lodges or families.
The United States reserve the right to construct a road
or roads through the said reservation.
No white person, other than officers, agents or employés
of the United States, shall be permitted to go on or remain
on the said reservation, unless previously admitted as
a member of the said band according to their usages.
Whenever the Secretary of the Interior may so direct,
schools for the instruction of the said band may be opened
on the said reservation.
The undersigned chiefs of the Brulés, hereby further
agree that should the Two Kettles band of the Dakota or
Sioux Indians be located adjoining them, they will cheerfully
allow them to do so, and also agree that the employés
secured to the Brulés may be used also for the
joint benefit of the said Two Kettles, at the discretion
of the Government.
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
In testimony whereof, the Commissioners on the part of
the United States, and the chiefs and headmen of the said
Lower Brulé band of Dakota or Sioux, have hereunto
set their hands, this fourteenth day of October, one thousand
eight hundred and sixty-five, after the contents had previously
been read, interpreted, and explained to the said chiefs
Edward B. Taylor,
S. R. Curtis, major-general,
H. H. Sibley, brigadier-general,
Henry W. Reed,
Commissioners on the part of the United States.
Muz-zah-wy-ah-tay, The Iron Nation, his x mark.
Tah-ton-kah-wak-kon, Medicine Ball, his x mark.
Pta-son-we-chak-tay, The One who Killed the White Buffalo
Cow, his x mark.
She-o-tche-kah, Little Pheasant, his x mark.
Pta-san-man-nee, White Buffalo Cow that walks, his x mark.
Chon-tay-o-kit-e-kah, The Brave Heart, his x mark.
Tah-o-pee, The Wounded Man, his x mark.
Wag-ah-mo-ah-win, The Gourd Ear Rings his x mark.
E-chap-sin-ta-muz-zah, The Iron Whip, his x mark.
Ze-te-kah-dan-sap-pah, The Blackbird, his x mark.
Wah-hah-chunki-e-un-ka, The Shield that Runs, his x mark.
Muck-a-pee-e-chash-nah, The Cloud that Rattles, his x
Is-to-o-pee, The Wounded Arm, his x mark.
Min-do-ton-kah-che-kah, The Little Partisan, his x mark.
Wah-min-dee-shon-ton-kah, The War Eagle with Large Feathers,
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
A. W. Hubbard, M. C., Sixth district Iowa.
S. S. Curtis, major, Second Colorado Cavalry, brevet lieutenant-colonel.
W. S. Woods, surgeon, U. S. Volunteers.
E. F. Ruth, secretary to Commission.
R. R. Hitt, reporter of Commission.
Zephier Recontre, his x mark, interpreter.
Charles Degre, his x mark, interpreter.
Indian Affairs: Laws and Treaties. Vol. II (Treaties).
Compiled and edited by Charles J. Kappler. Washington:
Government Printing Office, 1904.