History of Dakota Territory, volume I, Part 130

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1198

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The United States Government at this time had a large number of army officers for whom little important military duty could be found. The disband- ment of the volunteer forces, following the termination of the Civil war, had left a surplus of regular army officers who had hekl commands in the organizations that had been disbanded, so that considered in the light of immediate economy. their employment in the Indian service could be justified, as it would save the large expense which the employment of civilians made necessary.

The Dakota Indian delegation reached their destination and were cordially greeted by the Hon. Win. P. Dole, who was then commissioner of Indian affairs and who received and provided for them at Washington. The position the Dakota Indians had taken was very gratifying to the interior department, and no effort was spared to strengthen their hostility to the proposed transfer. \ num- ber of grand councils were held, and the Indians in a body called on the Presi- dent, who listened to their remarks with much interest. The outcome of the contest was that no action was taken by Congress, and the Indian bureau was not disturbed : nevertheless some understanding was had that permitted the em- ployment of army officers as Indian agents, temporarily.

Gen. Alfred Sully, accompanied by General Parker, of General Grant's staff. and Colonel Colborn, an army officer, visited the Missouri Valley country in Dakota in May, 1867. They had been out investigating the Fort Phil Kearney massacre, had returned by way of Omaha, and were going up the river to have a council with some of the restless and troublesome savages. General Parker was a full-blooded Indian of the "six nations" of New York, and held the rank of general during the War of the Rebellion. It was expected that Parker, owing to his Indian blood and intelligence could exercise a favorable influence over the recalcitrant Sioux. The result of the mission, however, did not justify the hopes of its projectors. Parker seems to have done but little more than excite the curiosity of his less civilized brothers, who were led to wonder how he conkl have so completely mastered the white man's manners and language. When he counseled peace and industry, and pointed out to them what his own tribe bad accomplished they seemed to regard him suspicionsly as more of a friend to the whites than to his own race and they grunted angrily and refused to be mollified Their great grievance was the crossing of their hunting grounds by so many hundreds of emigrants. If General Parker could stop that there would be in further trouble. Except to ascertain the disposition of the untamed Sions and to learn their grievances, the mission was fruitless. Parker's Indian blood created

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a prejudice in the minds of the Indians, instead of securing their confidence. They could not see how he could be their friend and advocate the cause of their oppressors, the white people.

A much more formidable and important military peace commission visited the Sioux tribes and many others, later in the season of 1867, which was made up of Gen. William T. Sherman, Gen. Wm. Harney, General Tappan, General Sanborn, General Pierson, General Taylor, who was president of the board. Gov. Andrew J. Faulk, of Dakota, and A. S. H. White, secretary, and Colonel Merrill of Sherman's staff. Gen. Alfred Terry was one of the board and preceded this party. Accompanying the commission were Jack Howland, an artist, and Geo. B. Phillis, photographer : H. J. Budd, of the Cincinnati Gazette ; S. J. Bulk- ley. New York Herald; W. Fayel, St. Louis Republic: United States Senator. Henderson, of Missouri; Gen. C. T. Campbell, special Indian agent. This party had chartered the steamboat Saint Johns and reached the capital of Dakota about the 20th of Aniguist where they were joined by Governor Faulk, who succeeded Governor Edmunds in the fall of 1866, and proceeded on their mission to the Indian country. As peace treaties had already been concluded with practically all the wild Indians, the object of this commission was to further the interests of peace by inducing the Indians to consent to an arrangement under which all of their people north of the Platte River in Nebraska, and all in Dakota, should be given a large reservation west of the Missouri River in Dakota, where they would have ample facilities for farming and stock raising, and would be sup- plied by the Government with subsistence and encouraged by substantial assist- ance to become a civilized people. A number of large delegations from the various Sioux tribes met the commission at Fort Sully, where councils were held and the proposed plan and policy thoroughly discussed : nothing definite, however, was arrived at; but the Indians had been apprised of the intention of the "Great Father," and it was understood that they were inclined to favor the arrangement.

The commission then proceeded to Fort Laramie, where a council was held with large delegations of the Ogalallas, Brules, and others, whose domain was north of the Platte in Nebraska. These Indians evinced decided opposition to the big reservation plan, and desired to retain the country they then inhabited, and demanded as a condition precedent to any negotiations that all work on the Union Pacific Railroad through that country be abandoned. General Sherman told them that could be done no more than the sun and moon could be stopped. The Indians appeared surprised at this declaration, and finally began to realize the hopelessness of their "condition precedent," asked for further time to con- sider the matter, which was given, and it was agreed to meet them again on the 8th of October, at Fort Harker, Kan. The Fort Harker council was not at all encouraging, and it would seem that the large reservation plan was losing strength among its white supporters owing to some impracticable features with which it was burdened.

While the result of these several councils had not fulfilled the expectations of the Government, a great deal of value had been accomplished and the way opened for an arrangement that would embody the most valuable features of the plan, which was to bring the Sioux Indians together on one reservation, and require them to reside upon it. This would result in freeing a large portion of the frontier from strolling bands, put a stop to many small depredations. and give opportunity for the introduction of the arts of civilization among them. This policy was thereafter consistently pursued, and the Great Sioux reservation in Southwestern Dakota became the abode of practically the entire Sioux nation.

The unfriendliness that had been manifested by the Sioux along the Upper Missouri had ceased, and peace had brooded over that country for many moons, so that General Sherman, on returning to headquarters at St. Louis in Novem- ber. 1867. isstied a congratulatory proclamation in which he officially declared that Indian trotibles in the Northwest were ended, and the signs then indicated

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a long respite from border difficulties. This encouraging view was no doubt justified by the attitude of the Indians the general had met, who seemed to have reached an intelligent comprehension of their.situation, which was one of help- lessness and poverty unless guided, assisted and governed by the "Great Father" of the white people.

THE ARMY SEEKS CONTROL OF INDIAN AFFAIRS

While the advocates of army control of the Indians did not cease their efforts to secure a transfer of the Indian bureau to the war department, for several years, the sentiment of Congress as well as that of the country generally, was dominated by the "peace element," and even President Grant, who was possessed of strong predilections favoring the army in most matters, was wholly at variance with its ambition to secure the control of the Indians; and the peace policy, so-called, was familiarly termed "Grant's Peace Policy" before the second term of his presidency was concluded.

Since the official close of the Indian war in 1864, as declared by General Pope, there had been a growing sentiment, especially in army circles, for the transfer of the Indian bureaut from the interior department of the Government to the war department. The military authorities held, and were supported by valid argument, that the country relied upon its military arm to suppress In- cian hostilities, protect the frontiers from invasion, and protect emigration across the great plains, and that it coukl do this with greater efficiency, more economic- ally, and much more satisfactorily, if the entire management and control of the Indians were entrusted to its authority.

Opposed to this was a strong and growing sentiment among religious bodies, led by the Quakers of Pennsylvania, and the Indian Rights Association, who favored a policy that ignored, practically, all danger of Indian hostilities if their peace policy could be adopted and the Indians brought to believe that the Govern- ment and the white people were their friends, willing and anxious to promote their welfare, and opposed to fighting them or controlling them by force of arms. These contended for a policy that would bring the Indians into communities where they could be educated and taught mechanical trades and encouraged in agricultural and pastoral employments ; supervised directly by officers recom- mended by religious bodies. This contest grew to be a national issue in 1867, and each party was making every effort to induce Congress to its support. If the military people won, it would relegate the civilian agents to private life, hence the religious bodies were strongly supported by those then connected with the Indian service and the class of influential politicians who did not approve of being deprived of the large patronage which the Indian bureau controlled, while through this influence and because of prejudice against soldiers, many of the leading Indian chieftains and headmen were influenced to throw the weight of their uncompromising opposition against the army.

It should not be understood that military control of Indian affairs meant war or difficulties of any kind with the savages, for the military people were as zeal- ous for peace as the civilians, but demanded that the Indians should be required to make their peace treaties with that department of the Government which had subdued their hostility and brought them to a peace seeking humor. Noth- ing unreasonable in that. They demanded control of the Indians in peace as well as in war, as a matter of good policy.

AAs a matter of fact peace was the sincere desire of all, including the Indians. As a rule the army men were friendly to the red man, anxious to promote his welfare, and the Indians understood this, but they also understood that the army people insisted on peaceful behavior, and the observance of treaty obligations. It was the indifference to treaty obligations on the part of the civil authorities. and of the Government and the Indians both that brought upon the country the occasional Indian troubles. Vol. 1-48

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The official relations of the Indians and their experience with the army had not been of that pleasurable nature which would foster a predilection in the Indian's breast for that branch of the public service ; and when they were made to understand the meaning of the movement which had sent such an unusual number of military chieftains as well as noted civilians to council with them they arrayed themselves in their best apparel, bearing on their bosoms the medals which they or their ancestors had received from their "Great Father in times past" testifying to their exemplary character and faithfulness, and as many as could get permission, made the journey to Washington to protest before Congress against the transfer ; and their opposition had its effect.

It was generally believed, however, among those whites who had given the subject an unprejudiced study, that army control would be more economical for the Government, and the Indians would receive all the material aid which the Government provided for them-something it was alleged they did not have under the less scrupulous system then in vogue under the interior department ; but it was seriously and with good faith questioned whether the army, from its spirit, training and purposes, was equipped for promoting the civilization of the Indian, and his instruction in agriculture and the mechanical arts, which under the new peace policy were regarded as of the first importance. For the time had come when the Indian must forever cease his roaming and aimless life as viewed from the standpoint of civilization, and learn to work and thus pro- vide himself with the necessities and comforts of life, or go hungry and naked- become pauperized-starve and freeze-for there was no longer a field vacant that could supply him with hunting grounds; and the Great Father in his wis- dom had proclaimed that he would not support him longer in idleness while so many of his white children were suffering for the want of sufficient food, raiment and shelter, which the Government was powerless to lawfully relieve. There- fore, in making a choice as to which department should have charge of his tutelage, the civil power was largely preferred by those who had taken the most unselfish and intelligent interest in the welfare of the red race, and did not regard the Indian as solely responsible for the misfortunes that had fallen .upon his people.

The supporters of the claims of the war department in this matter were designated as favoring a war policy, while their opponents were called the advo- cates of a peace policy ; though each faction was zealous and earnest for peace, and in fact the Indians who could comprehend their situation were as zealous and earnest for peace as was the Government, and willing to make any reason- able sacrifice to preserve it. Their wars had stripped thousands of them of their food supplies, their clothing, their camp equipments, their arms, and even their tepees, leaving them in a most pitiable and destitute condition, which demanded immediate relief which the Government only was in a situation to furnish. The great mass of the Indians who had been engaged in the wars were clamorous for peace, and decidedly averse to being transferred to the control of the department of war, and for this reason large delegations from the different tribes were taken on to Washington in order that their influence might be used to stay the threat- ened transfer of the bureau from the interior department.

The only incorrigible elements existing at that time among the Indians, con- sisted of a heterogeneous mass made up of lawless individuals representing nearly every tribe, many of whom had been outlawed and driven off by their tribal associates, and who had been banded together under a new leader, Sitting Bull, an incorrigible enemy of the Government, and an able and wary chief and medicine man, who refused all peace overtures and indignantly spurned the as- sistance of the Government. It was these people mainly who were responsible for the Custer massacre and who for many years following that atrocity found an asylum on British American territory under the protection of the British flag. They disdained all proffers of the Government-would sign no treaties, and held to the doctrine that the Indians were the lawful and rightful owners of the soil,

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and the Government had obtained no title by its treaties unless every individual Indian interested gave his and her consent.

SANTRES AT NIOBRAR.\

The Santee Indians, who had been established on a reservation at Crow Creek in 1863 were removed in 1866, to a reservation selected for them near the mouth of the Niobrara River, in L'Eau Qui Court County, Neb. The Santees at this time had no rights that the Government was bound by treaty to respect, having forfeited their treaty privileges and annuities by their outbreak and mas- sacres under Little Crow, in 1862. At the time of this removal, about ninety members of the tribe, who had been confined in Government prisons for three years for their participation in that war, were released and sent by the steamboat Dora, to the new reservation. Their proximity to the settlements of Dakota, was the occasion of some alarm and general indignation. They were regarded as a hostile, treacherous and blood-thirsty people, who would be a constant annoy- ance to the settlers in Dakota, and a serious hindrance to immigration. Efforts were fruitlessly made to induce the Government to place them at some point more remote from the settlements. The governor and the Legislature of 1866-67 enlisted in this work : but the Santees were not disturbed, and as time passed and the Indians exhibited no indications of a hostile disposition, the alarm and indignation subsided. The Indians, however, were not allowed to roam about the country, but required to remain on their reservation unless provided with a special permit : with this written testimonial as to good character and industry, a number of the squaws and occasionally an aged warrior, found their way to the settlements, where the women found employment in washing and other domestic work for the pioneers. They had learned these rudiments of housekeeping before their removal from Minnesota, where they were accustomed to mingle freely with the whites. Later, this matter of the removal of the Santees was taken up by Congress, who, by resolution, directed the secretary of the interior to furnish the House of Representatives with a statement of his authority and reasons that had led to the removal of the tribe from Crow Creck without congressional sanc- tion : what land had been taken for an Indian reservation ; and whether the land had been purchased of private persons, and all other information in possession of said secretary. There appears to have been a suspicion that certain officers of the Federal Government had procured the removal of these Indians for per- sonal reasons and for private gain, and Congress determined to sift the matter.

It was explained that no permanent reservation had been taken at Niobrara. and the removal was for the benefit of the Indians who were partially civilized. and who would have gone back to their savage condition if compelled to asso- ciate with the wild tribes that frequented the Crow Creek region ; and further that the department was engaged in selecting an advantageous location where the Santees would be placed in charge of the Quakers.

Three years later, 1869, a large tract of land was secured much nearer the set- tlements, at a point in Nebraska opposite Springfield. Dakota, and here the tribe was located and has since remained.

We now come to the time and occasion when the Government endeavored by treaty to define the boundaries of the Sioux Indian Territory, whereon they were to be required to reside and beyond which they were forbidden to roam, and to mark out a plan that it was hoped would even totally result in disenthrall- ing the Sioux from the dominion of barbarism, idleness and ignorance, and direct his way to become civilized and instructed in the arts of civilization, and a par- taker in its employments, comforts and advantages.

In the spring of 1868 the military peace commission, commonly known as the Sherman Peace Commission, which is described and named in a council held at Fort Sully during the previous fall, convened at Fort Laramie, then in D kota Territory, for the purpose of making a treaty with the Indians of the Sioux nation

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that would embody the plans set forth in its councils with the various tribes at different places during the year 1867.

As this treaty contained the most definite proposition to the Indians to abandon their wild and nomadic life and adopt the customs and industries of the white people, a fair understanding of its provisions will serve to stimulate interest in the future career of the race as they emerge from their condition of barbar- ism into a higher sphere. It was the forerunner of the important step taken in 1876, when the Black Hills were ceded, and a system, practically compulsory, was then adopted, requiring the Indians to adopt an industrial life and to edu- cate their children. The treaty is here inserted :

THE FAMOUS SHERMAN TREATY OF 1868

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 the Territory of Wyoming), on the 20th day of April, and afterwards, in the year of Our Lord 1868, by and between Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, S. F. Tappan, C. C. Auger and Alfred H. Terry, commissioners on the part of the United States; and Ma-za-pon-kaska, Tah-shun-ke-co-qui-pah, Heh-won- ge-chat, Mah-to-non-pah, Little Chief, Mokh-pi-ah-in-tah, Co-cam-i-yah-yah, Con-te-pe-tah. Ma-wa-tau-ni-hav-aka, He-na-pin-wa-ni-ca, Wah-pah-shaw. and other chiefs and headmen 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 :

Article 1. 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 being made to then agent and forwarded to the commnis- sioner 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 reimburse 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 anyone, 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 being 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 reimbursed for his loss from the annu- ities or other inoneys 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 reimbursed therefor.

Article 2. Boundaries, etc. The United States agrees that the following district of country, to-wit, viz .: "Commencing on the east bank of the Missouri River, where the 46th parallel of north latitude crosses the same; thence along low water mark down said east bank to a point 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 104th degree of longitude west from Greenwich; thence north on said meridian to a point where the 46th parallel of north latitude intercepts the same; thence due east along the said parallel to the place of beginning: and in addition thereto all existing reservations on the east bank of said river, shall be, and the same are. set apart for the absolute and undisturbed use 'and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing. with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons except those herein designated, and authorized so to do, and except such officers, agents and employees 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 henceforth they will and do relinquish all claims or right in and to any portion of the United States and 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 commence culti- vating 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.

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History of Dakota Territory, volume I, Part 130

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920 Publication date: 1915 Publisher: Chicago, Ill. : S.J. Clarke Publishing Company Number of Pages: 1198

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1198