1865 Treaty with the Sioux - Upper Yanktonai Band
Oct. 28, 1865 14 Stats., 743.
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 Upper Yanktonais
band of Dakota or Sioux Indians.
The Upper Yanktonais band of Dakota or Sioux Indians,
represented in council, hereby acknowledge themselves
to be subject to the exclusive jurisdiction and authority
of the United States, and hereby obligate and bind themselves,
individually and collectively, not only to cease all hostilities
against the persons and property of its citizens, but
to use their influence, and, if necessary, physical force,
to prevent other bands of the Dakota Indians, or other
adjacent tribes, from making hostile demonstrations against
the Government or people of the United States.
Inasmuch as the Government of the United States is desirous
to arrest the effusion of blood between the Indian tribes
within its jurisdiction hitherto at war with each other,
the Upper Yanktonais band of Dakota or Sioux Indians,
represented in council, anxious to respect the wishes
of the Government, hereby agree to discontinue for the
future all attacks upon the persons or property of other
tribes, unless first attacked by them, and to use their
influence to promote peace everywhere in the region occupied
or frequented by them.
All controversies or differences arising between the Upper
Yanktonais band of Dakota or Sioux Indians, represented
in council, and other tribes of Indians, involving the
question of peace or war, shall be submitted for the abitrament
of the President, or such person or persons as may be
designated by him, and the decision or award faithfully
observed by the said band represented in council.
The said band represented in council shall withdraw from
the routes overland already established, or hereafter
to be established, through their country; and in consideration
thereof, and of their non-interference with the persons
and property of citizens of the United States travelling
thereon, the Government of the United States agree to
pay the said band the sum of ten thousand dollars, annually,
for twenty years, in such articles as the Secretary of
the Interior may direct: Provided, That said band so represented
in council shall faithfully conform to the requirements
of this treaty.
Should any individual or individuals, or portion of the
band of the Upper Yanktonais band of Dakota or Sioux Indians,
represented in council, desire hereafter to locate permanently
upon any land claimed by said band for the purposes of
agricultural or other similar pursuits, it is hereby agreed
by the parties to this treaty that said individuals shall
be protected in such location against any annoyance or
molestation on the part of whites or Indians, and whenever
twenty lodges or families of the Upper Yanktonais band
shall have located on land for agricultural purposes,
and signified the same to their agent or superintendent,
they, as well as other families so locating, shall receive
the sum of twenty-five dollars annually for five years,
for each family, in agricultural implements and improvements;
and when one hundred lodges or families shall have so
engaged in agricultural pursuits they shall be entitled
to a farmer and blacksmith at the expense of the Government,
as also teachers, at the option of the Secretary of the
Interior, whenever deemed necessary.
Any amendment or modification of this treaty by the Senate
of the United States shall be considered final and binding
upon the said band, represented in council, as a part
of this treaty, in the same manner as if it had been subsequently
presented and agreed to by the chiefs and head-men of
In testimony whereof, the Commissioners on the part of
the United States, and the chiefs and headmen of the said
Upper Yanktonais band of Dakota or Sioux Indians, have
hereunto set their hands this twenty-eighth day of October,
eighteen hundred and sixty-five, after the contents had
previously been read, interpreted, and explained to the
chiefs and headmen.
Edward B. Taylor,
S. R. Curtis, major-general,
H. H. Sibley, brigadier-general,
Henry W. Reed,
above signatures were made in our presence:—
S. L. Spink.
A. W. Hubbard.
G. C. Moody.
Chief: Big Head, Na-su-la-tan-ka, his x mark.
Soldier: Big Hand, Na-pa-tan-ka, his x mark.
Soldier: Left-handed Bear, Ma-to-chat-ka, his x mark.
Soldier: The Fine Dressed Man, Wa-ich-co-ya-ka, his x
The Man Covered with Lice, Ha-o-poo-za, his x mark.
Little Soldier, A-kich-it-a-chi-ki-la, his x mark.
The Spread Horn, Ha-ka-ti-na, his x mark.
Black Tiger, Ego-mo-sa-pa, his x mark.
The Man Afraid of his War-club, Cham-pi-co-qui-pa, his
The Big Shaved Head, Cosh-la-ton-ca, his x mark.
Lazy Bear, Ma-to-chick-pa-ne, his x mark.
Rock Man, Ton-ka-wi-cha-sa, his x mark.
Chief: Black Catfish, O-wa-sa-pa, his x mark.
Chief: The Curley-headed Goose, Ma-ga-bo-ma-do, his x
above signatures in this handwriting (that of Gen’l
Curtis) were made in presence of the undersigned, on the
28th and 29th Oct., 1865, at Fort Sully.
Maj. A. P. Shreve, Paymaster U. S. Army.
John Pattee, Lieutenant-Colonel Seventh Iowa Cavalry.
Affairs: Laws and Treaties. Vol. II (Treaties). Compiled
and edited by Charles J. Kappler. Washington: Government
Printing Office, 1904.