History of Dakota Territory, volume I, Part 132

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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Fort Laramie, Wyoming Territory, November 6, 1868.

Makh-pi-ah-lu-tah, His X Mark, Red Cloud. ( Seal.)

Wah-ki-ah-we-cha-shah, His X Mark, Thunder Man. (Seal.)

Maza-e-ah-geh, His X Mark, Iron Cane. ( Seal. )

Waum-ble-why-wa-ka-tu-yah, His X Mark, High Eagle. (Seal.) Ko-ke-palı, His X Mark, Man Afraid. ( Seal. ) Wa-kiah-wa-kou-ah, His X Mark, Thunder Flying Running. (Seal. )

Witnesses : WV. McE. Dye, Brevet Colonel, U. S. A., Commanding; A. B. Caine, Captain Fourth Infantry, U. S. A .; Robert P. McKibbin, Captain Fourth Infantry, Brevet Lieutenant Colonel, U. S. A .; Jno. Miller, Captain Fourth Infantry; G. L. Luhn, First Lieutenant Fourth Infantry, Brevet Captain, U. S. A .; H. C. Sloan, Second Lieutenant Fourth Infantry; Whittingham Cox, First Lieu- tenant Fourth Infantry; A. W. Vydges, First Lieutenant Fourth Infantry : Butler D. Price, Second Lieutenant Fourth Infantry.

Headquarters, Fort Laramie, November 6, 1868. Executed by the above on this date.

All of the Indians are Ogalallahs excepting Thunder Man and Thunder Flying Running, who are Brules.

Attest : William MeE. Dye, Major Fourth Infantry, Brevet Colonel, U. S. A., Commanding : James C. O'Connor; Nicholas Janis, Interpreter; Frerc. La Fromboise, Inter- preter ; P. J. DeSmet, S. J., Missionary Among the Indians; Samuel D. Hinman, B. D. Missionary.

Executed on the part of the Uncpapa band of Sioux, by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.

Co-ca-mi-ya-ya, His X Mark, The Man That Goes In The Middle. (Seal.) Ma-to-ca-wa-wek-sa, His X Mark, Bear's Rib. ( Seal.)

Ta-to-ka-in-yan-kee, His X Mark, Running Antelope. (Seal.).

Kan-gi-wa-ki-ta, His X Mark, Looking Crow. (Seal.)

A-ti-ci-ta-hans-ki, His X Mark, Long Soldier. ( Seal.)

Wa-ku-te-ma-ni, His X Mark, The One Who Shoots Walking. (Seal.)

Unk-cah-i-ka, His X Mark, The Magpie. (Scal.)

Kan-gi-o-ta, His X Mark, Plenty Crow. (Seal.)

He-ma-zi, His X Mark, Iron Horn. (Seal. )

Shun-ka-in-a-pin, His X Mark, Wolf Necklace. ( Seal. )

1-we-hi-yu, His X Mark. The Man Who Blazed From The Mouth. (Seal.) He-ha-ka-pa, His X Mark, Elk Head. ( Seal.) I-zu-za, His X Mark, Grind Stone. ( Seal.)

Shun-kah-wit-ko, His X Mark, Fool Dog. ( Seal.)

Mak-ply-a-po, His X Mark, Blue Cloud. (Seal.)

WVa-min-pi-lu-tah, His X Mark. Red Eagle. ( Scal.) Ma-to-can-sce, His X Mark, Bear's Heart. ( Seal.)

A-ki-ci-tai-tau-kan, His X Mark, Chief Soldier. ( Seal.)

Attest : Jas. C. O'Connor ; Nicholas Janis, Interpreter ; Frane. La Fromboise, Interpreter ; P. J. DeSmet, S. J., Missionary Among the Indians; Samuel D. Hinman, Mis- sionary.

Executed on the part of the Blackfeet band of Sioux, by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.

Can-te-pe-ta, His X Mark, Fire Heart. (Seal.)

WVan-ni-dik-te, His X Mark, The One Who Kills Eagle. ( Seal.)

Shota, Ilis X Mark, Smoke. (Seal. )

Wan-ni-di-man-ni, His X Mark, Walking Eagle. ( Seal.)

Wash-i-can-ya-ta-pi, His X Mark, Chief White Man. ( Seal.) Kan-gli-you-tan-ke, His X Mark, Sitting Crow. ( Seal. )

Pe-ji, Ilis X Mark, The Grass. ( Seal. ) K-da-ma-ni, His X Mark. The One That Rattles As He Walks. ( Seal.)

Wah-han-ka-sa-pa, His X Mark, Black Shield. ( Seal. )

Can-te-non-pa, His X Mark, Two Hearts. ( Seal. )

Attest : Jas. C. O'Connor ; Nicholas Janis, Interpreter ; Franc. La Fromboise, Interpreter ; P. J. DeSmet, S. J., Missionary Among the Indians; Sammel D. Hinman, Mis- sionary.

Executed on the part of the Cutheads band of the Sioux by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.

Te-ta-in-yan-ka, His X Mark, The One Who Goes Ahead Running. (Seal.) Ta-tan-ka-wa-kin-yan, His X Mark, Thunder Bull. ( Seal.)

Sin-tom-in-sa-pa, His X Mark, All Over Black. (Seal.)

Ca-ni-ca, His X Mark, The One Who Took The Stick. (Seal.)

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HISTORY OF DAKOTA TERRITORY

Pa-tan-ka, His X Mark, Big Head. (Seal.)

Attest : O'Connor and the same names as above.

Executed on the part of the Two Kettle band of Sioux by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.

Ma-wah-tan-ni-han-ska. His X Mark, Long Mandan. ( Seal. )

Can-k-pe-du-ta, His X Mark, Red War Club. (Seal. )

Can-ka-ga, His X Mark, The Log. ( Scal. )

Attest : Same names as above.

Executed on the part of the Sans Arch band of Sioux by the chiefs and headmen whose names are hereunto annexed, they being thereunto duly authorized.

Ci-tan-gi, His X Mark, Yellow Hawk. ( Seal. )

He-na-pin-wa-ni-ca, Ilis X Mark, The One That Has Neither Horn. (Seal.)

Wa-in-lu-pi-lu-ta, His X Mark, Red Plume. ( Scal. )

He-kah-pin-wa-ni-ca, His X Mark. No Horn. (Seal.)

Attest : Same names as above, O'Connor, etc.,

Executed on the part of the Santee band of the Sioux by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.

Wa-pah-shaw, His X Mark. Red Ensign. ( Seal.)

Wah-koo-tay, His X Mark, Shooter. ( Seal.)

Hoo-sha-ah-shah, His X Mark, Red Legs. ( Scal.)

O-wan-cha-du-ta, His X Mark. Scarlet All Over. (Seal.)

Wau-ma-co-ton-ka, His X Mark, Big Eagle. (Seal.)

Cho-kan-tae-na-pi, His X Mark, Flute-Player. (Scal. ) Ta-shun-ka-mo-za, His X Mark, His Iron Dog. ( Seal.)

And, whereas, the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the 16th day of February, 1869, advise and consent to the ratification of the same, by a resolution in the words and figures following, to-wit :

In Executive Session, Senate of the United States. February 16th, 1809.

Resolved (two-thirds of the senators present concurring), that the Senate advise and consent to the ratification of the treaty between the United States and the different bands of the Sioux Nation of Indians, made and concluded the 19th of April, 1868.

Attest : George C. Gorman, Secretary.

Now, therefore, be it known, that I, Andrew Johnson, President of the United States of America, do. in pursuance of the advice and consent of the Senate, as expressed in its resolution of the 16th of February, 1860, accept, ratify and confirm the said treaty.

In testimony whereof I have hereunto signed my name and caused the seal of the United States to be hereunto affixed.

Done at the City of Washington, this 24th day of February, in the year of our Lord One Thousand Eight Hundred and Sixty-nine, and of the Independence of the United States of America, the Ninety-third. By the President :

WILLIAM H. SEWARD, Secretary of State.

ANDREW JOHNSON.

It will be observed that this treaty was made on the part of the Government by representatives of the war department, a concession probably to the demand of that strong arm whose valor had subdued the hostile and warlike spirit, and brought about the conditions favorable for an amicable agreement.

The administration of President Johnson, it will be recalled, was seriously disturbed by his unfortunate differences with Congress over the problem of re- construction, which continued throughout his term, causing much perplexity and delay in other important matters of national concern.

During all this time the Government had given comparatively little attention to any systematic or well considered effort to prepare the Indian for a more use- ful life as a factor in such civilized industries as he was capable of comprehending and performing : but had been engrossed with the concerns of its own people of the white race, leaving the Indian problem to work out largely under the moral and religious influences of the missionaries supplied voluntarily by our various religious bodies, who had no authority even if so inclined. to enlighten them in the mechanical crafts or agricultural arts; but occupied themselves with incule. t- ing the precepts of the Christian religion, a work that was fraught with much benefit and advantage to the benighted race; and extended its amelior ting influence in scores of instances to the care and succor of hapless whites, women and children, whom the misfortune of war had made captives among them.

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HISTORY OF DAKOTA TERRITORY

In the meantime the plan of the industrial system as a means of redeeming the savage and giving him a place among the useful factors of the country's industrial system, was gaining strength and enlisting new advocates-the progress which had been made by the friendly Santees and Yanktons-both Sioux tribes-demonstrating that the Sioux Indian was capable of perform- ing intelligent manual labor, and willing to work when freed from the allure- ments of the chase and the old free wild life : given a substantial reward for his labor, and aided by the incentive of further reward should he persist in his well doing.

The year 1869 witnessed the inauguration of President Grant and the further extension of the peace policy, so-called, in the administration of its Indian affairs. No section of the United States had a more direct interest in this matter than the Territory of Dakota and its white inhabitants ; the hostile and warlike tribes of the great Sioux nation, all being inhabitants of the territory, and occupying that portion west of the Missouri River, an area embracing approximately one- fourth of the territory. There was at this time a general change, not only in the persons who had in charge the administration of Indian affairs, but in the system and methods of administration for the purpose of conforming them inore closely to the new policy which had been rather tentatively on trial during the preceding administration of Mr. Johnson. The religious denominations now step into the places of authority as typifying more clearly the policy to be hence- forth pursued in Dakota.

Among the early official acts of President Grant's administration was the assignment of army officers to the temporary discharge of the duties of agents at the various Indian agencies in Dakota Territory. During the Civil war there had been an increase in the number of subordinate officers in the regular army who had been employed in command of the volunteer troops; that arm now being disbanded left a surplus of military officers on the rolls of the regular army for whom there was no proper employment in the military activities of the country. It was therefore suggested in army official circles that the control of the Indians be taken from the civil authorities under the interior department and trans- ferred to the war department. There were many sound arguments advanced in favor of the change; one having considerable force. being the necessity that existed of maintaining the army in the Indian country to keep the Indians in subjection and subdue their hostilities ; also that the army men understood the Indians more thoroughly than did the civilians; could manage them with less friction and complaint ; and finally that the army could supply competent officers to act as superintendents and agents, without entailing any extra expense on the Government for their employment, as they were under salary in the military de- partment whether employed or idle.

These assignments of military people were not satisfactory to that element in the country who favored the compulsory education of the Indian people in agricultural and mechanical arts. This element was led by a very reputable and influential association called the Indian Humanitarian Association, of Philadel- phia. of which William Welch, a prominent Episcopalian was president. The assignments of military people, however, were not designed to be permanent but were made in order to rid the Indian service of some possibly objectionable element, preparatory to entering upon the new proposed plan which gave to the religious denominations of the country the privilege of recommending suitable persons for employment as agents, and in the fall of 1870 or early in 1871 this change was made. In Dakota Territory, on the recommendation of Mr. Welch, Samuel Webster, of California, was appointed agent of the Yankton Indians; James M. Washburn, of Indiana, but more recently of Dakota, agent of the Brule Indians at Whetstone Agency : Henry E. Gregory, of Dakota, agent of the Poncas: Dr. Il. F. Livingston, of Yankton, at the time surgeon at Crow Creek, agent of the Crow Creek Agency: Dr. J. F. Cravens at Cheyenne; and Major ITughes ( Catholic), at Standing Rock. These agents represented the Episcopal

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HISTORY OF DAKOTA TERRITORY

denomination except at Standing Rock. Samuel E. Jenney, Quaker, had been some time earlier placed in charge of the Santees in Nebraska.

In his message to Congress, December. 1871, President Grant said :

The peace policy pursued toward the Indian has resulted favorably so far as can be judged from the limited time during which it has been in operation, Through the exer- tions of the various societies of Christians, to whom has been entrusted the execution of the policy, and the board of commissioners authorized by the law of Aprit roth, 1800. many tribes of Indians have been indneed to settle upon reservations, to cultivate the soil and perform productive labor of various kinds, and to partially accept civilization They are being cared for in such a way, it is hoped, as to induce those still pursuing their old habits of life to embrace the only opportunity which is left them to avoid extermination. 1 recom- mend fiberał appropriations to carry out the Indian peace policy, not only because it is humane, Christianlike and economical, but because it is right.

I recommend to your favorable consideration also, the policy of granting a territorial government to Indians in the Indian Territory, west of Arkansas and Missouri and south of Kansas. In doing so, every right guaranteed to the Indians by treaty should be secured Such a course might be the means of collecting most of the Indians now on the Missouri River and the Pacific coast, and south of the British possessions, into one state or territory.

The sentiment of the country, influenced largely by the agitation of the peace policy, had been gradually working towards a denial of the claims of the Indian to original ownership of large tracts of the public domain. The past uni- form policy of the Government had been in recognition of this ownership, but as the necessity for more complete control by the Government grew under the aggressive advance of immigration and public improvements, it was evident that the Indians, prompted probably by a class of white people who had become in- corporated with them were more and more inclined to assert their rights as pro- prietors of the soil. and every forward movement in the progress of developing and opening up the vast domain of the Northwest was met and disputed, the Indians claiming that being the owners of the land they had a lawful right to forbid all trespassers, and were also justified in refusing to negotiate for its sale and transfer. There was probably sufficient ground for this claim in the treaties heretofore made between the Government and various Indian tribes, in which the ownership of the Indians was virtually acknowledged. Confronted by the obstinancy and hostility of a portion of the tribes of the Northwest, which. during the period when the Union Pacific Railroad was under construction, mani- fested their sovereign authority by open warfare against the extension of rail- roads through their country. Representative John Taffe, a Nebraska congress- man, in February, 1870, introduced in the House of Representatives, a joint resolution to disencumber the public domain of the so-called Indian title.

The resolution declared :

That after the expiration of one year from the passage of this resolution, the public domain of the United States shaft be held to be and shall be treated in all respecte as discneumbered of the so-called Indian titles.

The resolution failed of enactment, but it aroused considerable attention throughout the country; was earnestly supported by the people of the North- west, and it was claimed would have had the approval of Congress but for a feeling that the Government had too often committed itself to an acknowledg- ment of the Indian title, and that a radical declaration in denial. might injuriously complicate the new policy which the Government had adopted in its control of the Indian tribes, and provoke a troublesome controversy with the Indian Rights Association, which also held that the Indians could not be diverted of their title without their consent. Notwithstanding the failure of the resolution, it- purport thereafter found expression in the acts of Congress and in the negotiations of the Government commissions having to do with Indian affairs.

Finally, in 1871, a law was enacted by Congress, which declared that

Hereafter no Indian nation of tribe within the territory of the United States be acknowledged or recognized as an independent nation, Inibe or power, with with the United States may contract by treaty.

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HISTORY OF DAKOTA TERRITORY

This law came three years later than the Sherman-Laramie Treaty of 1868, which inaugurated in written forin some of the features of the industrial peace policy, and marked out the Great Sioux reservation. The provisions of this treaty, while forming the basis of the Government's treatment and care of the friendly Sioux, during the few years until the time when it was superseded in 1876 by the Black Hills agreement, were not all put in practical operation. Con- gress, however, continued its appropriations, and the annuities agreed upon were delivered, always accompanied by complaints of fraud from the Indians; who also complained that they had been deceived in the treaty; that its provisions had not been properly interpreted. And the Government became convinced, by a closer examination and more intimate acquaintance with the provisions of the treaty, that the Indians had been given too much discretion in choosing whether they would become tillers of the soil, or continue their former career as follow- ers of the chase, to which the treaty seemed to invite them by allowing an im- mense territory for hunting grounds-a grant of discretion diametrically opposed to the theory and success of the industrial policy.

This reservation embraced all the country north of the southern boundary of the territory, west of the Missouri River including the Black Hills, and extend- ing north to the 46th parallel of latitude, and apparently was a serious blow to the growth, development and prosperity of the Dakota settlements. It effectually locked the door of the Black Hills, and put an end to all enterprise to open up overland routes through Western Dakota to the gold fields of Montana and Idaho. It probably had a deterrent effect upon the occupation of the Missouri River counties west of Bon Homme, there being an apprehension that it would not be safe to get so near the reconstructed savages as the distance across the Missouri River, for the red man was an adept in the building and plying canoes, and was expert in their management on the water. It was looked upon at the time as quite partial to the transportation interests of the Union Pacific Railroad, which would land the Montana and Idaho immigration at Cheyenne, from whence they had as long or much longer wagon road trip than they would have starting from various feasible Missouri river points.

The treaty provided that it should be in force when ratified by the Senate of the United States ; but the law of Congress which made the treaty commission, passed in 1867, provided that :

The district of lands set apart as a reservation for said Indians, when so selected and the selection approved by Congress, shall be and remain the permanent homes for said Indians.

Inasmuch as the treaty provided for the permanent disposal of the public domain, and contained other provisions making it necessary that it be sanctioned by the law-making power of the Government, and not of the Senate alone, and Congress never having acted on the treaty, the courts held the treaty invalid when it came to be tested later during the pell-mell rush of emigrants to the Black Hills gold fields during the two or three years preceding the lawful opening of that region.

The people of Dakota were in accord with all peace movements, which were also supported in good faith by the legislatures of the territory and by the governors of that day, both Governor Edmunds and Governor Faulk pronouncing for the policy in unequivocal terms. In fact one of the earliest criticisins of the war policy from an official source was contained in the annual message of Gov- ernor Edmunds submitted to the Legislature in 1865.

The treaty of 1868, unfortunately, left the door open through which the Indians could employ their time in the chase, and a vast country, including the Black Hills and Big Horn Region, surrendered to them as hunting grounds. While this treaty contained much that was commendable, it was plain from its practical workings, that so long as the discretion was left with the Indian to pursue his wild life, or undertake to live after the customs of civilized people. he

HISTORY OF DAKOTA TERRITORY

invariably chose the former, contending that the Government did not furnish sufficient subsistence to keep them from starvation. This contention was not well taken, though there are grounds for believing that the Indians did not receive all that the Government supplied for their use. But the fatal weakness in the treaties was the liberty given the Indian to follow the customs of his ancestors. It was conceded that a system of compulsory industry must be inaugurated if the barbarian was to be transformed into a civilized or semi-civilized being, and this was the position that confronted the Government when General Grant became President.

REMOVAL OF THE PONCAS

The Sherman Treaty with the Sioux Indians in 1868 gave the Sioux all the lands in the Territory of Dakota south of the Cannon Ball River and west of the Missouri ; this included the Ponca reservation, and necessitated the removal of the Poncas to save them from the deadly animosity hekl toward them by the Sioux. It was said that the Sherman commission was not informed that the Poncas had this reservation, and that including it in the Sioux Treaty was an oversight. The Ponca reserve included the land known as Todd County, which the Government subsequently gave to Nebraska in 1882. In 1876 Congress enacted that the Poncas should be removed to the Indian Territory. No treaty had been made with them for their Dakota reserve, but being a docile tribe and few in numbers, they consented to the removal and were located on the Quapaw reserva- tion in the Indian Territory. llere they suffered great hardship, and a number of them died from the effects of the climatic change, and other causes. They would have rejoiced had they been permitted to return to Dakota, but the law forbade, and to better their situation they were allowed to select a new reserva- tion at the junction of the Salt Fork and the Arkansas -- a finer reservation. Here they remained for a time contented, except in the case of a few old chiefs, who continued the agitation for return to Dakota, which culminated in enlisting the sympathy of the Indian Rights Association, which succeeded in having them brought north and located upon the Omaha and Winnebago reserve in Nebraska, where they found a congenial home. Finally by the Crook Treaty of 1889, they were given allotments on their old reservation in Dakota.

THE HOSTILE INDIANS

Gen. D. S. Stanley, in command of the military district of Dakota, head- quarters at Fort Sully, was, at a later day, requested by the war department to ascertain and report regarding the tribal relations of the irreconcilable hostile and turbulent people, under Sitting Bull, and under date of July 1, 18;t, in responding, states :

The Indians in the hostile camps were fragments of the Santee and Yanktonnais tribes. but have no intercourse whatever with the friendly Santees. The Yanktonnais, however. communicate with the agency Yanktonnais at Grand River Agency. The Santees are a portion of that tribe who have remained hostile and wild since the Indian war of 183. They are in three bands under Head Chiefs Inkpaduta. White Hat, and Standing Buffalo. 300 lodges in all. Standing Buffalo's band is quite friendly; the others are not. They number 300 lodges and are mostly armed with bows and arrows, but have some firearms which they obtain from British traders. The Yanktonnais are 500 lodges strong, and pre tend to be friendly. The chiefs are "Medicine Bear." "The Man Who Fears The Bear." "Little Black lives," and "Skin of the Hearts." There is also a band of Sistetons, about fifty lodges, under "Thundering Bull," that stay most of the time in the Yanktonnais cump. I do not think it possible to induce these Indians to rejoin their own tribes Placing them upon the same footing as the Assiniboines as regards annuities, might pacify them as it has in a manner Red Cloud and his Ogallalas. The military could control them oth by a military post somewhere about Milk River, a measure which I hesitate to revet fut with the small number of troops at the disposal of the department

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History of Dakota Territory, volume I, Part 132

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