1867 Treaty with the Sioux - Sisseton and Wahpeton
19, 1867 15 Stat., 505.
Ratified April 15, 1867
Proclaimed May 2, 1867
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
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:
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
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.
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,
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.
It is further agreed that a reservation be set apart for
all other members of said bands who were not sent to the
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.
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
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.
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.
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
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.
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
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
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.
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.
J. R. Brown.
Anexus M. A. Brown, Interpreter.
Thos. E. McGraw.
J. H. Leavenworth.
A. B. Norton.
Geo. B. Jonas.
Frank S. Mix.
Indian Affairs: Laws and Treaties. Vol. II (Treaties).
Compiled and edited by Charles J. Kappler. Washington:
Government Printing Office, 1904.