by this article: And provided further, That they, the said Indians, shall and will at all times, and without delay, report to the commander of the nearest military post the presence in or approach to said country of any hostile band or bands of Indians whatever.

Proviso.

United States may build roads through and tablish military posts.

-S.)

ARTICLE 4. It is further agreed by the parties hereto that the United States may lay off and build through the reservation, provided reservation for by Article 2 of this treaty, roads or highways as may be deemed necessary, and may also establish such military posts within the same as may be found necessary, in order to preserve peace among the Indians, and in order to enforce such laws, rules, and regulations as are now or may from time to time be prescribed by the President and Congress of the United States for the protection of the rights of persons and property among the Indians residing upon said reservation, and further, that in time of war such other military posts as may be considered essential to the general interests of the United States may be established: Provided, however, That upon the building Damages therefor to of such roads, or establishment of such military posts, the amount of paid. injury sustained by reason thereof by the Indians inhabiting said reservation shall be ascertained under direction of the President of the United States, and thereupon such compensation shall be made to said Indians as, in the judgment of the Congress of the United States. may be deemed just and proper.

be ascertained and

Annuities. See post, Art. 10. treaty of Oct.

ARTICLE 5. The United States agree that they will expend annually, during the period of forty years, from and after the ratification of this 21, 1867. treaty, for the benefit of the Indians who are parties hereto, and of such others as may unite with them in pursuance of the terms hereof, in such manner and for such purposes as, in the judgment of the Secretary of the Interior for the time being, will best subserve their wants and interests as a people, the following amounts, that is to say, until such time as said Indians shall be removed to their reservations, as provided for by article two of this treaty, an amount which shall be equal to ten dollars per capita for each person entiled to participate in the beneficial provisions of this treaty; and from and after the time when such removal shall have been accomplished, an amount which shall be equal to fifteen dollars per capita for each person entitled as aforesaid. Such proportion of the expenditure provided for by this article as may be considered expedient to distribute in the form of annuities shall be delivered to said Indians as follows, viz: One-third thereof during the spring, and two-thirds thereof during the autumn of each year.

ties.

For the purpose of determining from time to time the aggregate Payment of annuiamount to be expended under the provisions of this article, it is agreed that the number entitled to its beneficial provisions the coming year is four thousand, and that an accurate census of the Indians entitled shall be taken at the time of the annuity payment in the spring of each year by their agent or other person designated by the Secretary of the Interior, which census shall be the basis on which the amount to be expended the next ensuing year shall be determined.

Other portions of

ARTICLE 6. The Indians parties to this treaty expressly covenant tribes to be urged to and agree that they will use their utmost endeavors to induce that join in this treaty. portion of the respective tribes not now present to unite with them. and accede to the provisions of this treaty, which union and accession shall be evidenced and made binding on all parties whenever such absentees shall have participated in the beneficial provisions of this treaty.

Oct. 19, 1865.

14 Stats.. 723. Ratified,

with

amendments, Mar. 5,

1866.

Proclamation, Mar. 17, 1866.

Authorityand jurisdiction of the United

TREATY WITH SIOUX-TWO-KETTLE BAND, 1865.

Articles 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. II. 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 Two-Kettles band of Dakota or Sioux Indians.

ARTICLE 1. The Two-Kettles band of Dakota or Sioux Indians repStates acknowledged. resented 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 or Sioux, or other adjacent tribes, from making hostile demonstrations against the Government of the United States, or its people.

Persons and property of other tribes not to be first attacked.

Controversies to be

submitted to the arbit

dent.

ARTICLE 2. 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 TwoKettles band of Dakota or Sioux, represented in council, anxious to respect the wishes of the Government, hereby agree and bind themselves to discontinue, for the future, all attacks upon the persons or property of other tribes, unless first assailed by them, and to use their influence to promote peace everywhere in the region occupied or frequented by them.

ARTICLE 3. All controversies or differences arising between the Tworament of the Presi- Kettles band of Dakota or Sioux, represented in council, and other tribes of Indians, involving the question of peace or war, shall be submitted for the arbitrament 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.

Indians to

routes.

with

ARTICLE 4. The said band, represented in council, shall withdraw draw from overland from the routes overland already established, or hereafter to be established, through their country; and, in consideration thereof, the Government of the United States agree to pay to the said band the sum of six thousand dollars annually, for twenty years, in such articles as the Secretary of the Interior may direct: Provided, That the said band so represented in council shall faithfully conform to the requirements of this treaty.

Individual Indians locating upon lands to be protected.

ARTICLE 5. Should any individual or individuals, or portion of the band of the Two-Kettles band of Dakota and Sioux Indians, represented in council, desire hereafter to locate permanently upon any part of the land claimed by the said band, for the purpose of agricultural or other pursuits, it is hereby agreed by the parties to this treaty that such individual or individuals shall be protected in such location against any annoyance or molestation on the part of whites or Indians; and where twenty lodges or families of the Two-Kettles band shall have located on lands for agricultural purposes, and signified the same Payments for agri- to their agent or superintendent, they as well as other families so cultural, etc., imple- 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 Farmer and black- agricultural pursuits, they shall be entitled to a farmer and blacksmith, at the expense of the Government, also teachers, at the option of the Secretary of the Interior, when deemed necessary.

ments.

smith.

Teachers.

Indemnity to kill

ing a chief.

ARTICLE 6. Soldiers in the United States service having killed Ishtah-chah-ne-aha, (Puffing Eyes,) a friendly chief of the Two-Kettles

band of Dakota or Sioux Indians, it is hereby agreed that the Government of the United States shall cause to be paid to the surviving widow of the deceased and his children, seventeen in number, the sum of five hundred dollars; and to the said tribe or band, in common, as indemnity for killing said chief, the sum of five hundred dollars, said payment to be made under the direction of the Secretary of the Interior.

ARTICLE 7. 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 said band.

TREATY WITH THE BLACKFOOT SIOUX, 1865.

Amendments to be

binding.

Oct. 19, 1865.

Ratified, with amendment, Mar. 5,

Articles of a treaty made and concluded at Fort Sully, in the Territory of Dakota, by and between Newton Edmunds, governor and ex-officio 14 Stat. 727. superintendent of Indian affairs, of Dakota Territory, Edward B. Taylor, superintendent of Indian affairs for the northern superin- 1866. tendency, Major-General S. R. Curtis, Brigadier-General I. II.Proclamation Mar. 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 headmen of the Blackfeet band of Dakota or Sioux Indians.

17, 1866.

Jurisdiction of au

etc.

ARTICLE 1. The Blackfeet band of Dakota or Sioux Indians, repre- thority of the United sented in council, hereby acknowledge themselves to be subject to the States acknowledged, 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 or Sioux, or other adjacent tribes from making hostile demonstrations against the Government of the United States, or its people.

Persons and prop

be first

not to

at

ARTICLE 2. Inasmuch as the Government of the United States is desirous to arrest the effusion of blood between the Indian tribes erty of other tribes within its jurisdiction hitherto a[t] war with each other, the Blackfeet tacked. band of Dakota or Sioux, represented in council, anxious to respect the wishes of the Government, hereby agree and bind themselves to discontinue for the future all attacks upon the persons or property of other tribes, unless first assailed by them, and to use their influence to promote peace everywhere in the region occupied or frequented by them.

rament of the Pres

ARTICLE 3. All controversies or differences arising between the Controversies to be Blackfeet band of Dakota or Sioux, represented in council, and other submitted to the arbittribes of Indians, involving the question of peace or war, shall be sub- ident. mitted for the arbitrament 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.

Indians to with

routes.

Payments.

ARTICLE 4. The said band, represented in council, shall withdraw from the routes overland already established or hereafter to be estab- draw from overland lished, through their country, and in consideration thereof, the Government of the United States agree to pay to the said band the sum of seven 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.

ARTICLE 5. 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 headmen of said nation.

Proviso.

Amendments to be

binding.

Oct. 20, 1865.

14 Stat., 731. Ratified,

with amendment, Mar. 5,

1866.

Proclamation, Mar.

17, 1866.

Authority and ju

risdiction of the Unit

edged.

TREATY WITH SIOUX-SANS ARCS BAND, 1865.

Articles 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 Sans Arcs band of Dakota or Sioux Indians.

ARTICLE 1. The Sans Ares band of Dakota or Sioux Indians, reped States acknowl-resented 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 requisite, physical force, to prevent other bands of Dakota Indians, or other adjacent tribes, from making hostile demonstrations against the Government or people of the United States.

Persons and property of other tribes not to be first attacked.

Controversies to be submitted to the ar

ident.

ARTICLE 2. 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 Sans Arcs 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.

ARTICLE 3. All controversies or differences arising between the bitrament of the Pres- Sans Arcs band of Dakota or Sioux Indians, involving the question of peace or war, shall be submitted for the arbitrament of the President. or such person or persons as may be designated by him, and the decision or award shall be faithfully observed by the said band represented in council.

Indians to withdraw from overland routes.

Payments.

Proviso.

Individual Indians locating upon the

ARTICLE 4. The said band represented in council shall withdraw from the route overland already established, or hereafter to be established, through their country; and in consideration thereof the Government of the United States agree to pay the said band the sum of thirty dollars for each lodge or family, 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.

ARTICLE 5. Should any individual or individuals or portion of the lands to be protected. band of the Sans Ares 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 such 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 Sans Ares band shall have located on land for agricultural purposes, and signified the same to their agent or superintendPayments for agri- ent, they, as well as other families so locating, shall receive the sum cultural, etc., imple- 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 Farmer and black 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.

ments.

smith. Teachers.

binding.

ARTICLE 6. Any amendment or modification of this treaty, by the Amendments to be 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 said band.

TREATY WITH SIOUX-HUNKPAPA BAND, 1865.

Oct. 20, 1865.

14 Stat., 739.

1866.

Articles of a treaty made and concluded at Fort Sully, in the Territory of Dakota, by and between Newton Edmunds, governor and ex-officio Ratified, with superintendent of Indian affairs of Dakota Territory, Edward B. amendment, Mar. 5, Taylor, superintendent of Indian Affairs for the northern superin-Proclamation, Mar. tendency, Major-General S. R. Curtis, Brigadier-General II. II. 17,1866. 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 Onkpahpah band of Dakota or Sioux Indians.

Jurisdiction and au

ARTICLE 1. The Onkpahpah band of Dakota or Sioux Indians, rep- thority of the United resented in council, hereby acknowledge themselves to be subject to States acknowledged. 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 requisite, physical force, to prevent other bands of Dakota Indians, or other adjacent tribes, from making hostile demonstrations against the Government or people of the United States.

ARTICLE 2. 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 Onkpahpah 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.

Persons and property of other tribes not

to be first attacked.

Controversies to be submitted to the arbit

dent.

ARTICLE 3. All controversies or differences arising between the Onkpahpah band of Dakota or Sioux Indians involving the question of rament of the Presi peace or war shall be submitted for the arbitrament of the President, or such person or persons as may be designated by him, and the decision or award shall be faithfully observed by the said band represented in council.

Indians to withdraw from overland routes.

Payments.

ARTICLE 4. 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 the Gov ernment of the United States agree to pay the said band the sum of thirty dollars for each lodge or family, annually, for twenty years, in such articles as the Secretary of the Interior may direct: Provided, Proviso, That said band so represented in council shall faithfully conform to the requirements of this treaty.

Individual Indians

ARTICLE 5. Should any individual or individuals, or portion of the locating on lands to band of the Onkpahpah band of Dakota or Sioux Indians, represented be protected. 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 such 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 Onkpahpah band shall have located on land for agricultural purposes, and signified the same to their agents or

S. Doc. 452