Amended Agreement with Certain Sioux Indians
May 2, 1873
Ratified by acts of Feb. 14, 1873 (17 Stat., 456), and
June 24, 1874 (18 Stat., 167). | Indian office, Sisseton
S. 128, and I. 355 (1873)
the Sisseton and Wahpeton Bands of Dakota or Sioux Indians,
on the 20th day of September A. D. 1872 made and entered
into an agreement in writing, signed on one part by the
Chiefs and headmen of said bands, with the assent and
approval of the members of [said] bands, and upon the
other part by Moses N. Adams, James Smith, jr., and William
H. Forbes, commissioners on the part of the United States;
which said agreement is as follows, to wit:
“Whereas, the Sisseton and Wahpeton bands of Dakota
or Sioux Indians made and concluded a treaty with the
United States, at the city
of Washington, D. C., on the 19th day of February, A.
D. 1867, which was ratified, with certain amendments,
by the Senate of the United States on the 15th day of
April, 1867, and finally promulgated by the President
of the United States on the 2d day of May, in the year
aforesaid, by which the Sisseton and Wahpeton bands of
Sioux Indians ceded to the United States certain privileges
and rights supposed to belong to said bands in the territory
described in article II of said treaty, and
“Whereas, it is desirable that all said territory,
except the portion thereof comprised in what is termed
the permanent reservations, particularly described in
articles III and IV of said treaty, shall be ceded absolutely
to the United States, upon such consideration as in justice
and equity should be paid therefor by the United States;
“Whereas, said territory, now proposed to be ceded,
is no longer available to said Indians for the purposes
of the chase, and such value or consideration is essentially
necessary in order to enable said bands interested therein
to cultivate portions of said permanent reservations,
and become wholly self-supporting by the cultivation of
the soil and other pursuits of husbandry; therefore, the
said bands, represented in said treaty, and parties thereto,
by their chiefs and head-men, now assembled in council,
do propose to M. N. Adams, William H. Forbes, and James
Smith, jr., commissioners on behalf of the United States,
“First. To cede, sell, and relinquish to the United
States all their right, title, and interest in and to
all lands and territory, particularly described in article
II of said treaty, as well as all lands in the Territory
of Dakota to which they have title or interest, excepting
the said tracts particularly described and bounded in
articles III and IV of said treaty, which last named tracts
and territory are expressly reserved as permanent reservations
for occupancy and cultivation, as contemplated by articles
VIII, IX, and X of said treaty.
“Second. That, in consideration of said cession
and relinquishment, the United States shall advance and
pay, annually, for the term of ten years from and after
the acceptance by the United States of the proposition
herein submitted, eighty thousand (80,000) dollars, to
be expended under the direction of the President of the
United States, on the plan and in accordance with the
provisions of the treaty aforesaid, dated February 19,
1867, for goods and provisions, for the erection of manual-labor
and public school-houses, and for the support of manual-labor
and public schools, and in the erection of mills, blacksmith-shops,
and other work-shops, and to aid in opening farms, breaking
land, and fencing the same, and in furnishing agricultural
implements, oxen, and milch-cows, and such other beneficial
objects as may be deemed most conducive to the prosperity
and happiness of the Sisseton and Wahpeton bands of Dakota
or Sioux Indians entitled thereto according to the said
treaty of February 19, 1867. Such annual appropriation
or consideration to be apportioned to the Sisseton and
Devil’s Lake agencies, in proportion to the number
of Indians of the said bands located upon the Lake Traverse
and Devil’s Lake reservations respectively. Such
apportionment to be made upon the basis of the annual
reports or returns of the agents in charge. Said consideration,
amounting, in the aggregate, to eight hundred thousand
(800,000) dollars, payable as aforesaid, without interest.
“Third. As soon as may be, the said territory embraced
within said reservation described in article IV, (Devil’s
Lake reservation,) shall be surveyed, as Government lands
are surveyed, for the purpose of enabling the Indians
entitled to acquire permanent rights in the soil, as contemplated
by article V of said treaty.
“Fourth. We respectfully request that, in case the
foregoing propositions are favorably entertained by the
United States, the sale of
spirituous liquors upon the territory ceded may be wholly
prohibited by the United States Government.
“Fifth. The provisions of article V of the treaty
of February 19, 1867, to be modified as follows: An occupancy
and cultivation of five acres, upon any particular location,
for a term of five consecutive years, shall entitle the
party to a patent for forty acres; a like occupancy and
cultivation of ten acres, to entitle the party to eighty
acres; and a like occupancy and cultivation of any tract,
to the extent of twenty acres, shall entitle the party
so occupying and cultivating to a patent for 160 acres
of land. Parties who have already selected farms and cultivated
the same, may be entitled to the benefit of this modification.
Patents so issued, (as hereinbefore set forth) shall authorize
a transfer or alienation of such lands situate within
the Sisseton agency, after the expiration of ten years
from this date, and within the Devil’s Lake reservation
after the expiration of fifteen years, but not sooner.
“Fifth (sixth). The consideration to be paid, as
hereinbefore proposed, is in addition to the provisions
of Article VI of the treaty of February 19, 1867, under
which Congress shall appropriate from time to time, such
an amount as may be required to meet the necessities of
said Indians to enable them to become civilized.
“Sixth (seventh). Sections sixteen and thirty-six
within the reservations shall be set apart for educational
purposes, and all children of a suitable age within either
reservation shall be compelled to attend school at the
discretion of the agents.
“Seventh (eighth). At the expiration of ten years
from this date, all members of said bands, under the age
of twenty-one years shall receibe forty acres of land
from said permanent reservations in fee simple.
“Eighth (ninth). At the expiration of ten years,
the President of the United States shall sell or dispose
of all the remaining or unoccupied lands in the lake Traverse
reservation, (excepting that which may hereafter be set
apart for school purposes;) the proceeds of the sale of
such lands to be expended for the benefit of the members
of said bands located on said Lake Traverse; and, at the
expiration of fifteen years, the President shall sell
or dispose of all the remaining unoccupied lands (excepting
that which may hereafter be set apart for school purposes)
in the Devil’s Lake reservation; the proceeds of
the sales of such lands shall be expended for the benefit
of all members of said bands who may be located on the
said Devil’s Lake reservation.
“Executed at Sisseton Agency, Dakota Territory,
Lake Traverse reservation, this 20th day of September,
A. D. 1872.
And whereas, the Congress of the United States, upon consideration
of the provisions of said agreement hereinbefore recited,
did, by the act making appropriations for the current
and contingent expenses of the Indian department, and
for fulfilling treaty stipulations with various Indian
tribes, for the year ending June thirtieth, eighteen hundred
and seventy-four, and for other purposes, approved February
14th, 1873, provide as follows, to wit: “For this
amount, being the first of ten installments of the sum
of eight hundred thousand dollars named in a certain agreement
made by the commissioners appointed by the Secretary of
the Interior, under the provisions of the act of June
seventh, eighteen hundred and seventy-two, with the Sisseton
and Wahpeton bands of Sioux Indians for the relinquishment
by said Indians of their claim to, or interest in, the
lands described in the second article of the treaty made
with them February nineteenth, eighteen hundred and sixty-seven:
the same to be expended under the direction of the President,
for the benefit of said Indians, in the manner prescribed
in said treaty of eighteen hundred and sixty-seven, as
amended by the Senate, eighty thousand dollars. And the
is hereby confirmed, excepting so much thereof as is included
in paragraphs numbered respectively, third, fourth, fifth,
sixth, seventh, eight, and ninth: Provided, That no part
of this amount shall be expended until after the ratification,
by said Indians, of said agreement as hereby amended.”
And whereas, the said Bands of Dakota or Sioux Indians
have been duly assembled in council, and therein represented
by the chiefs and head-men, and the provisions of said
act of Congress, and amendments thereby made to the said
above recited agreement, having been fully explained by
the commissioners on the part of the United States, and
the said agreement as amended having been fully interpreted,
and now being understood, we the said chiefs and head-men
of the said Sisseton and Wahpeton Bands, duly authorized
by our people so to do, do hereby accept, assent to, confirm,
ratify and agree to the said amendments, and to the said
agreement as amended, and declare that the same is, and
shall hereafter be binding upon us and the members of
Witness our hands and seals at the Lac Traverse agency,
Dakota Territory, this second day of May, A. D. 1873.
Wamdienpiduta, his x mark.
Tacandupahotanka, his x mark.
Hokxidannaxte, his x mark.
Wakanto, his x mark.
Wamdiduta, his x mark.
Waxicunmaza, his x mark.
Wasukiye, his x mark.
Tacaurpipeta, his x mark.
Akicitanajin, his x mark.
Xupehiyu, his x mark.
Magaiyahe, his x mark.
Tamniyage, his x mark.
Itojanjan, his x mark.
Inihan, his x mark.
Ixakiye, his x mark.
Paul Mazawakutemani, his x mark.
Kampeska, his x mark.
Simon Anawagmani, his x mark.
John R. Renvill.
Taokiyeota, his x mark.
John Waniyarpeya, his x mark.
Alex. La Framboise.
We certify, on honor, that we were present and witnessed
the signatures of the Indians as above.
G. H. HAWES.
H. T. LOVETT.
JNO. L. HODGMAN.
CHARLES P. LA GRANGE.
I hereby certify, on honor, that I have fully explained
to the Indians in council, the above instrument, and that
the Indians acknowledged the same to be well understood
THOS. A. ROBERTSON,
Executed at Sisseton agency, Lake Traverse Reservation,
D. T., this second day of May, 1873.
MOSES N. ADAMS,
JAMES SMITH, JR.,
Devil’s Lake Reservation, Fort Totten agency, D.
T., May 19, 1873.
Wah-na-ta, his x mark.
Tee-oh-wash-tag, his x mark.
Mah-pee-ah-keo-den, his x mark.
E-chah-na-gee-kah, his x mark.
Mat-te-o-he-chat-kah, his x mark.
Ou-s(e)-pe-ka-ge, his x mark.
Chan-te-ma-za, his x mark.
Ma-ka-i-de-ya, his x mark.
Xip-to, his x mark.
Wa-ka-no-ki-ta, his x mark.
Ta-te-o-pax-im-a-ni, his x mark.
Ru-pahn-wa-kam-a, his x mark.
A-ki-ci-ta-du-ta, his x mark.
Ta-wa-cin-ha, his x mark.
Ru-pahu-wax-te, his x mark.
Ri-o-in-yan-i-yan-ke, his x mark.
Ran-in-wan-ke, his x mark.
A-ki-ci-tam-a-ne, his x mark.
Wam-di-hi-ye-ya, his x mark.
Wi-cer-pi-wa-kan-na, his x mark.
Wax-i-em-u-nape-wu-az-u-za, his x mark.
Ca-do-ze, his x mark.
Wa-kin-yan-ro-ta, his x mark.
I-car-ta-ke, his x mark.
In-im-u-sa-pa, his x mark.
Mu-i-ya-to-ho-nax-te, his x mark.
Ton-wau-non-pa, his x mark.
Ha-oih-da, his x mark.
Wam-di-o-ki-ga, his x mark.
Wa-kan-hoi-ma-za, his x mark.
He-wa-kan-na, his x mark.
I-han-gi, his x mark.
Ma-koi-ya-te, his x mark.
Ta-rin-ca-sin-te, his x mark.
Na-gi-wa-kan, his x mark.
We-ci-ni-han, his x mark.
Ca-je-wan-i-ca, his x mark.
Wan-di-cax-kpi, his x mark.
Tate, his x mark.
U-jin-pi, his x mark.
Hint-ka-ro-ta, his x mark.
Hin-han-xo-na, his x mark.
Witnesses to signatures of above chiefs and soldiers,
LEWIS CASS HUNT,
Lieut. Col. 20th Infantry.
JAMES B. FERGUSON,
Act. Asst. Surgeon, U. S. A.
I hereby certify, upon honor, that I have fully explained
to the Indians the above instrument and that the Indians
acknowledge the same to be well understood by them.
GEORGE H. FARIBAULT,
Executed at the Fort Totten agency, “Devil’s
Lake”reservation, this 19th day of May, 1873, in
open council, by the Sisseton and Wahpeton and “Cut-Head”bands
of Sioux not included in the Sisseton and Wahpeton bands
of Sioux of “Lac Travers”reservation, who
signed this, on the 2nd of May, 1873, as above written.
JAMES SMITH, JR.,
WM. H. FORBES,
MOSES N. ADAMS,
Affairs: Laws and Treaties. Vol. II (Treaties). Compiled
and edited by Charles J. Kappler. Washington: Government
Printing Office, 1904.