Treaties

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First. That all that part of the country hereby ceded (or so much thereof as may be deemed to be necessary by the government of the United States) as lies north of latitude forty three degrees and thirty minutes, shall be set apart as an Indian Territory, and allotted to people of the Indian blood, for agricultural purposes, and within which no white man shall be allowed to settle or remain except by the permission of the President.

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Second. That whenever the chiefs of any band, or persons of the Indian blood shall desire to have a settlement made for agricultural purposes the President shall cause a sufficient portion of the land which shall have been allotted to such tribe or persons to be surveyed into lots of one hundred acres each (as near as may be) and one quarter of a mile in width in front if the said lot shall be located on a river or a lake:

Third. That all persons within the said Territory shall be subject to such government, rules and regulations as shall be established by the Government of the United States therein; and a Governor or Superintendent shall be appointed therefor:

Fourth. That all such persons who shall become inhabitants of the said Territory and occupy and cultivate for two years such tract as may be allotted to them, shall be entitled to receive a patent from the President of the United States therefor, and shall hold the said tract in fee simple, but shall be incapable of selling, transferring, leasing or otherwise disposing of such tract to any person other than a person of the Indian blood and to such person only with the assent of the Governor or Superintendent of the said Territory. And the estates of all persons who shall decease within the said Territory (and until other provision shall be made) shall descend according to the rule of the civil law.

Fifth. That every person who shall become a settler and cultivator, as aforesaid on the terms aforesaid, and who in the opinion of the said Governor is civilized, shall be entitled to have his or her name, by making personal application therefor, recorded in a register to be kept by said officer, and on such record being so made, shall become a citizen of the United States:

Sixth. That there shall be allotted to the Lower Seeseeahto Band a tract of one hundred thousand acres of land, on the east bank of Minnesota river at Eminnezhadah, twenty four miles in front on said river and six miles in depth;

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To the Upper Seeseeahto Band two hundred thousand acres on the east bank of Eahtonkah and Hindahkea Lakes, forty miles in front on said lakes, and eight miles in depth, for themselves and for such Wofpato and other Indians as choose to settle with them with their assent;

To the Upper Wofpato Band one hundred thousand acres on the east bank of Minnesota river and Eadah Lake, and adjoining the last mentioned tract;

To the Lower Wofpato Band fifty thousand acres on the west bank of the Minnesota river, commencing at the boundary line of the cession made by this treaty, and running up the said river to a point four miles above Eahchaahkah or Little rapids;

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And to the Wofpakoota Band seventy thousand acres on the west bank of Minnesota river, at Oeyoowarha, having a front on two sides on said river and bounded in rear by a line commencing at Mahyahshkadah or White Rock, and running thence ten miles west and thence south to Minnesota river.

Seventh. That settlements shall be commenced at the following places, to wit: at Eahchaahkah, or Little rapids; at Oeyooworha, or Traverse des Sioux; at Mukahto, or the mouth of Blue Earth river; at Wauhahozhoo or the mouth of Cottonwood river; at Eminnezhadah, or Petit Rocher; at Eadah or Lac qui parle; and at Eahtonkah or Big Stone Lake. There shall be reserved at the mouth of Mukahto river a tract of land on either bank for the use and residence of the Governor or Superintendent. Grist and saw-mills, and such other machinery for manufacturing as shall be necessary, shall be erected at the expense of the United States at each of the said places as they shall be required, or at such places nearest to those named where sufficient water power can be obtained for the purposes of said mills, provided the cost of said mills and the dams shall not exceed the sum of thirty thousand dollars:

Eighth. The United States shall cause to be fenced and ploughed ten acres of land (if required) for every person who shall settle at either of the places above named, and furnish to each family such farming utensils, spinning wheels and looms as may be necessary, and seed wheat, corn, potatoes and garden seeds the first two years; and shall also furnish to each settler one yoke of oxen, one cow, five sheep and two swine and build a house, on the tract occupied by the settler, for his use, the cost of which shall not exceed one hundred dollars. And if any Indian shall kill or destroy any of said animals belonging to another person, the value thereof shall be deducted from his annuity and the agent shall purchase another like animal therewith and deliver the same to the person whose animal was destroyed.

Nineth. The United States shall also establish schools at each of the said places in which the children of the inhabitants of the said Territory shall be admitted when in the opinion of the Superintendent (and at the request of the chiefs) schools shall be required; and the sum of twenty thousand dollars shall be set apart for said purpose and invested in stock until it shall be so required, and the interest accruing thereon shall be reinvested annually. And the Superintendent (or Governor) shall appoint teachers for the said schools, and employ millers to tend the mills when erected, and the farmers and mechanics and workmen at each of said places to teach the said Indians how to cultivate the earth, and also the most useful mechanic arts. Female teachers

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shall likewise be employed at each of said stations, to teach the Indian women the arts of domestic life; and to each of said persons an adequate compensation for their services shall be paid by the United States not exceeding five hundred dollars to each person per annum, but the sum of one thousand dollars per annum may be allowed to the male and female Superintendents whenever they shall become necessary. A blacksmiths house and shop shall be built at each of said places and a blacksmith employed for each, and supplied with iron and steel, and the whole cost at each place shall not exceed one thousand dollars annually. And five thousand dollars shall be annually expended by the United States in the purchase of medicines and the support of physicians at each of said settlements if required.

Tenth. An agent for the Upper Seeseeahto band shall be appointed to reside at Eatonkah, who shall receive an annual salary of twelve hundred dollars and hold his office during good behavior and be removable by the President; and one at Eminnezhadah for the Lower Seeseeahto band; one at Eahchaahkah for the lower Wofpato band, one at Eadah for the Upper Wofpato band and one at Mukahto for the Wofpakoota band, with like salaries; and the said agents shall be the Interpreters for the said bands. It shall be the duty of said agents to take charge of the affairs and interests of the said bands as well as those of the government, and to see that the stipulations of this treaty are fulfilled by each of the parties thereto; and shall also perform such other duties as may be required of them by the government of the United States and said agents shall be in all respects under the orders and directions of the Governor of the said Territory. And all payments to be made by the United States to the said Bands shall be made at the said places last named. Houses shall be built for the said agents, the cost of which shall not exceed eight hundred dollars each. The Half breeds or persons of the Indian or mixed blood may settle at either of the above named places. The preceding stipulations for the employment of farmers, millers, mechanics, blacksmiths, teachers and agents shall continue in force for the term of twenty years.

Eleventh. The Superintendent or Governor of the said Territory shall appoint a trader for each band, for the term of four years (unless sooner removed by the President, for cause) who shall give such security as shall be required of him by the Governor that he will comply with all the laws for the regulation of trade with the Indians and for the government of said Territory, and will furnish to the said band such goods as shall be required of him by the chiefs and their agent, and keep a

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sufficient supply constantly on hand. And whenever a family or band shall require any article of merchandise, and desire to purchase it of the said trader, they shall first obtain the permission of their agent who shall keep an account of the articles he allows each person to purchase and his name. The trader shall also keep a similar account in which he shall also charge the price of the article; and such trader shall be allowed to sell to two thirds of the amount of the annuity due to each Indian and the same shall be paid to him by the agent at the time of the payment of the annuity if the Indian shall have traded to that amount with him, and the remaining third and the balance of the annuity if any which may be due to him shall be paid in specie to each Indian. The said trade shall only be permitted by the agent at such periods of the year when he shall be satisfied that the articles applied for by the Indians will be most useful to them; and the books of the trader shall be subject to the inspection of the Governor and agent or either of them. The trader and the agent shall annually in the month of December make an invoice of the goods which they shall deem necessary for the supply of the band the ensuing year, and the trader shall without delay take the proper steps to purchase them and have them at the establishment on or before the first day of July in each year. The said trader shall present his invoice of purchases to the Governor who shall fix the prices, at a reasonable rate per centum on the cost and charges, at which the goods shall be sold to the Indians, being first satisfied that the goods have been purchased at the usual rates. And the said trader shall sell the said goods to the Indians at such prices as shall be established by the Governor and receive his payment accordingly from the annuity.

The trader for the Lower Wofpato Band shall reside at Eahchaahkah (Little Rapids) on the Minnesota river; for the Upper Wofpato Band at Eadah (Lac qui parle); for the Wofpakoota Band at Oeyooworha (Traverse des Sioux); for the lower Seeseeahto Band at Eminnezhadah (Petit Rocher) and for the Upper Seeseeahto Band at such point as may be selected by the Governor on Eahtonkah Lake. The intent of this provision for traders is, to secure the goods, which the Indians require, at reasonable rates, and at those periods of the year when they are in the greatest need of them.

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Twelfth. To prevent disturbances and to preserve peace among the nations to be settled in the said Territory, the United States agree to erect forts and garrison them so long as they may be necessary on Eahtonkah Lake and on the bank of the Minnesota river directly opposite the mouth of Mukahto river. The United States shall also

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construct a good wagon road from Mindota (or the mouth [of] St. Peters River) to the several places herein selected for the agricultural settlements; provided the said road shall not cost more than thirty thousand dollars; and shall also expend thirty thousand dollars in removing the obstructions to the navigation of the said Minnesota river.

Thirteenth. The United States shall invest the sum of one million of dollars in some safe stock and pay to the said Indian Bands on the first Monday in July annually forever an income of not less than five per cent thereon in specie; and the President is hereby authorized to reserve one third of the said income in any year, and as often as it shall be required, as a contingent fund to be expended for the benefit of the said Bands equally, if in his judgment such reservation shall be necessary; and the amount so reserved shall be expended accordingly or otherwise be paid to the said Bands in specie at the next annual payment; said annuity to be paid in equal proportions to each of said three Bands of Wofpatos, Wofpakootas, and Seeseeahtos, that is to say the one third of said annuity to each band annually.

Fourteenth. That the United States shall deliver to the said Bands for the term of ten years, by the said agents and at such seasons as the said agents shall deem most useful to them, one hundred and fifty barrels of pork, three hundred barrels of flour, four thousand pounds of tobacco, and and [sic] on the conclusion of this treaty there shall be delivered to the chiefs of the said bands at Oeyooworha to the amount of ten thousand dollars, in goods and provisions including those provisions which have been distributed at the making of this treaty. But the President may, whenever he shall be satisfied the said bands do not require the said pork and flour or at the request of the chiefs of said Bands discontinue the delivery of the same, and pay the value thereof to the said bands in specie as a part of their annuity. And five thousand dollars shall be expended by the United States in the purchase of horses to be delivered to the chiefs and principal men of the said bands within one year from the date of this Treaty as a present to them. And the United States will pay the said Bands eight thousand dollars in horses annually for ten years being in lieu of provisions which it was at first agreed should be delivered to the said Bands.

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ART. III. Several claims of settlers and traders which are believed to be just having been presented to the Commissioner against the said Bands, at the special request of the said Bands it is agreed that all debts and claims against the said Bands shall be referred to the Governor of the Territory of Iowa, the Superintendent of Indian Affairs of Michigan

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and the said Commissioner, who are hereby authorized to adjudicate thereon, and such sum or sums, not exceeding one hundred and fifty thousand dollars, as shall be found by a majority of them to be equitably and justly due to the said claimants shall be paid by the United States as a part of the consideration of the cession aforesaid.

ART. IV. If either of the preceding articles or stipulations shall be rejected by the Senate of the United States, the whole of this treaty shall be null and void.

Done at Oeyooworha this thirty first day of July A. D. one thousand eight hundred and forty one.

[Signatures omitted.]

Letter from Doty to the Secretary of War

Mindota (St. Peters) August 4, 1841

The Hon. John Bell Sec'y of War

SIR

I have the honour to transmit herewith a Treaty which was concluded on the 31st. July at Oeyoowora, with the chiefs and principal warriors of the Wofpakoota, Wofpato and Seeseeahto Bands of the Dakota nation, and which has also the signature of one of the Eyankto chiefs whose village is at Hindakeah Lake

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Maps are also enclosed, which present an imperfect sketch of the country, but which are the most accurate I could obtain after receiving your instructions. On the map of the Minnesota river, I have marked the tracts selected for the permanent occupation of these Bands of Agriculturalists. Two of the Bands were found divided into separate villages, far apart, and they could not be reunited at present. They were not pressed much upon this point, as settlements of other Indians must be made at the same places, on the opposite side of the river, and adjoining them, who will require the services of the agents who are to be appointed there. It will be perceived that they are all upon the north bank of the river, and the greatest number on the northern and least valuable part of the cession.

The Dakota nation occupies the entire territory which lies between the Mississippi & the Missouri rivers, north of the cession made to the United States in the year 1830. The nation is divided into five bands which occupy distinct portions of the territory, as much so as though they

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were independent tribes. Their names are Mindawaukanto, Wofpakoota, Wofpato, Seeseeahto & Eyankto. I do not find that the bands ever meet in general council as a nation, though they are regarded as one nation in all the wars which are prosecuted with them. They are now at war on their eastern border with the Chippeways, on their western with the Omahaws, and on their southern with the Saukees, Foxes & Pootowotomees. There is therefore no part of their country in which they can feel secure against an enemy.

[mdenney]

This Treaty conveys to the United States about thirty millions of acres, of which less than one third is waste land. The consideration to be paid is a little less than thirteen hundred thousand dollars. A larger tract was treated for than was suggested in your instructions; but a tract of five millions of acres only, which should be of so good a quality that each one hundred acres would possess a sufficient quantity of prairie and timber, and an adequate supply of water for a farm, is not to be found in this region.

After a particular examination of that part of the Dakota country which lies upon, and in the vicinity of the Minnesota river, no doubt was entertained that the settlements to be made by the Indians, must be confined for many years to the borders of the streams. On leaving the banks of this river, the prairies north and west are extensive, & without running water. The "lakes" in its vicinity I find are generally ponds, filled with rushes and maynomin, and at this season of the year (altho it is said to be quite unusual) many of them are dry, so that there is great difficulty in obtaining water to drink. But the soil is every where rich, and the higher the prairie, the better the land seems to be-with the exception of the bottoms of the rivers, which are not surpassed for depth of soil or fertility, by any streams in the western states. This will certainly be a very good country for those tribes which have made little or no advance in husbandry, and who must have an opportunity to hunt occasionally. The Dakotas have many large fields of corn on the banks of the Minnesota, from its mouth to its source. I am informed that it is a perfectly safe crop, & that at Eadah Lake (or Lac qui parle) the yield is seldom less than fifty bushels to the acre. At Oeyoowora I found it was large enough to eat on the 13th of July--and it is now too hard to be eaten boiled.

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The valley or bottoms of the Minnesota, are from one to three miles in width, and there is generally a prairie on one side of the stream, and timber on the opposite bank. Above the rapids (which are fifty miles from its mouth, & to which point the river may be navigated by steam

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boats) there is a district about twenty five miles long, which is known as the Free Wood district. The timber is cotton wood (very large) elm, ash, maple, black walnut, cherry & butternut, and the banks are cover'd with sumach, sweet elder & grape vines on which there are many clusters of grapes now ripe. In the beds of the small streams which enter the river in this district, I found several excellent specimens of coal, and in such quantities as to leave no doubt that the hills by which the valley is bounded in this distance [district], are filled with this mineral which will possess a great value in this country. From the hills on the margin above this district, I also obtained good specimens of copper & or iron ore; & there is no doubt that copper is abundant on Mukahto river. All of these specimens will be forwarded to the Department by first opportunity.

The country on the south of the Minnesota, as far as the boundary of the cession made by these Bands in 1830, from the mouth of Mukahto (Blue Earth) river, & extending east to the margin of the Mississippi is exceedingly rich and fertile, well watered by lakes & small streams, and with proportionate quantities of prairie & timber. Every mile square of it is good. I endeavoured to obtain a cession of a portion of this, with the western part of the Minnesota valley, but difficulties were interposed by other Bands which were insurmountable, & I found it was easier to obtain the whole, by treating with all of the Bands, than a small portion. And these were the only terms upon which they would consent to settle as agriculturalists north of the Minnesota, for as long as they retained any country south, they would remain there. They have been so well informed, & of late so well instructed by the advantages which other neighbouring Indians have derived from their treating with the United States, that to obtain any portion of their land, liberal provisions were unavoidable. It therefore became necessary, in my opinion, to compensate the govt. for these provisions by the cession of the whole country, that after having placed the various bands in the north west in situations which will be acceptable to them--and without being cramped for territory in doing so--it may sell a portion of it to remunerate itself for the purchase. Besides, in treating with the Indians who are to settle there, the tract which is allotted to them may be made a part of the consideration which is given for the lands from which they are to remove. Also, many of the provisions of this Treaty are of such a nature that the government will be relieved from the necessity of making similar ones with other tribes on their removal to this country, but which would otherwise be required. They are of general benefit to all

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who may settle, and as much for the advantage of emigrants as that of these bands. And they are indispensable to the formation and prosperity of the settlement.

From the observations which I have made since my arrival here, I am satisfied that the best interests of the settlement will be promoted, by erecting in the first instance the whole of the country between the Mississippi & Missouri rivers, and north of latitude 43‹ 30Œ to latitude 46 into an Indian Territory, but confining the settlements to the centre of the territory as far as practicable. This will prevent the Indians from having daily intercourse with the whiskey traders--a distinct class from the regular traders of the country. I now find them spread along the eastern bank of the Mississippi engaged in this trafic [sic] & buying the goods, corn, and other provisions which have been delivered to the Mississippi bands by the United States. At least four barrels of whiskey were bought of these traders & brought to the treaty ground at Oeyoowora by Indians the use of which was with the greatest difficulty restrained pending the negotiation. It seems that these men have enjoyed this illicit trafic so long, that it no longer attracts the attention of the agents of government in this quarter. I would therefore place the Indians so far from the borders of these rivers as practicable, and also from any land belonging to the United States upon which these people can squat.

This treaty provides for a radical change in the policy of the United States towards the Indians, & which I presume will mark the policy of this Administration hereafter.

It provides a mode by which persons of the Indian blood can become citizens of the United States. It is the fulfilment of the promise which the white man made the Indian, when he landed on this continent. It has often been renewed, with the assurance that so soon as the Indian became civilized he should be entitled to the civil and political privileges of our own citizens. This provision leaves it for the Indian to determine whether he will avail himself of this privilege or not.

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It provides a mode by which an Indian may become the individual owner of the land he occupies, & hold it by patent from the President. This establishes the object of property in the soil in individuals, & with the assent of the Indian, establishes the law of descent.

It provides for a radical change in the system of Indian Trade, so far at least as that trade is dependent on the annuities. The Govt. will now be able to regulate and controul the trade, having the privilege to appoint and remove the trader and to fix his prices, without the danger

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which now exists from the competition of rival Traders, who are in no respect dependent upon the Government.

It provides for a change in the mode & place of payment of annuities, which by the present system are the bane of the Indians. They are not required to leave their villages to receive their goods or money, and are not therefore, at that period which is most dangerous, to their morals at least, brought into the white settlements. The whole amount is not to be paid to them at once, but they may receive to two thirds of the amount of their annuity of their trader, at such periods of the year, and in such articles, as in the opinion of their agent their circumstances demand. They will thus receive their annuity when it will be most useful to them.

In consequence of the failure of government to pay to Indians their annuities at the time appointed by the treaties with them, and at the seasons of the year when these necessities require, the supplies which they can only obtain on a credit from their traders, or with their annuities, the system of credits has been continued, and indeed been absolutely necessary in many instances to save the Indian from suffering. Nothing but punctuality on the part of Govt. can establish the relations which ought to exist between the Indians and the Govt.--that is, the Indians should feel dependent on the Government, and not on the Trader. Unless this dependence is established, it is in vain for the Govt. to attempt to exercise any influence over them, except that of force.

[mdenney]

The provision in favour of an examination of the Traders claims was made, from the obligation which the Indians of this country acknowledge themselves to be under for the credits which they have given them for goods when they were in need, and the various benefits which they have bestow'd upon them at their establishments. The justice and validity of these claims they admitted, and desired that an allowance should be made, and also a stipulation for their immediate payment. This could not be done, because time would not permit, and because of the assurance which was felt that the Department would prefer to have the subject under its controul. One of the commissioners at least is intimately acquainted with the extent and character of the trade with these Bands for more than twenty year, & to this I may add my own knowledge of the persons engaged in the trade for about the same period. My own opinion is, that the just claims cannot exceed fifty thousand dollars.

This Treaty also provides a permanent home for the Half-Breeds, or persons of the Indian Blood, of the north west, who number about two

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thousand, and who are now floating between savage & civilized life, without being attached to either. In other Treaties, provision in money has been made for them, but this has been of no real advantage to them, as the money has either been immediately squandered, or given into the hands of white men who have been unable to return it.

Experience has shown that this class must be used in any attempt to civilize the Indians. They are the connecting link between the savage & civilized man, & ought to be employed by government as its agents, interpreters & teachers, where they possess, as they frequently do, the requisite qualifications. An opportunity will thus be given them to establish a character for themselves, to obtain a place in civilized life, I might say among human beings, for Indian Blood, and it will be for their interest to be faithful and give their best efforts in aid of the purposes of government--many of them are well educated, & the example of those who are farmers, and mechanics, as well as their teaching, will be most beneficial to the Indians.

I have the honour to be, with great respect

[mdenney]

Your most obedient servant

J. D. DOTY

Articles of a Treaty made and concluded at Mindota, in the Territory of Iowa, between James Duane Doty, Commissioner on the part of the United States, and the Minda Waukanto Bands of the Dakota Nation.

ARTICLE I. The chiefs and warriors of the said bands do hereby cede to the United States all of the right, title and claim of the said Bands to the country West of the Mississippi river.

ARTICLE II. The preceding cession is made and accepted upon the conditions contained in the first five and the eighth and eleventh sections or clauses of the second article of the Treaty concluded between the United States and the Wofpato, Wofpakoota and Seeseeahto Bands of the Dakota nation on the thirty-first day of July A.D. one thousand eight hundred and forty-one at Oeyoowora.

And the said Bands parties hereto, agree to remove to the north side of Minnesota river, at their own expense, and occupy as agriculturists such tracts as shall be allotted to them, allowing one hundred acres to each soul. The said Bands shall be at liberty to choose their places of residence either at Eachaahkah, opposite Mukahto, or below the Wofpakoota reservation; and the agents residing nearest to the places at which they

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shall become settled, shall perform the duties of agents for the said Bands.

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ARTICLE III. The United States agree to invest in some safe stock the sum of sixty thousand dollars, for the benefit of the Shahkopa Band, and to pay to the said Band annually forever an interest thereof of not less than five per centum in the month of June, commencing with the month of June 1842. Also the sum of sixty-six thousand dollars for the benefit of the Waukea Tonka Band and to pay to the said Band annually forever an interest thereon of not less than five per centum. And also the sum of eighty thousand dollars for the benefit of the Waumunde Tonka, Mukapa Wichasta and Tahchunkah Washta Bands and to pay to the said Bands together annually forever an interest thereon of not less than five per centum.

And the United States agree to deliver to the said Bands, twenty-five hundred and twelve dollars worth of goods and provisions, the receipt of which the said Bands do hereby acknowledge to have received of the said Commissioner.

It is also agreed that the Shahkopee Band may settle next above the Wofpato Band at Eachaahkah; and the Waukea Tonka Band next below the Wofpakoota Band at Mahyashkadah.

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ARTICLE IV. The United States agree to appoint three traders for the said Bands, according to the provisions of the said eleventh section of the said Treaty; and all payment to the said Bands either in money or goods shall be made at the three villages which may be established by them as aforesaid. And the United States also agree that all of the conditions and stipulations of the Treaty with the said Minda Waukanto Bands, concluded on the 29th day of September A.D. 1837, shall be and remain valid, and shall be executed and performed on its part, at the said villages; and the whole amount of the income provided for in the second article of the said Treaty, shall be paid to the said bands as aforesaid, in proportion to their numbers.

Done at Mindota, this eleventh day of August A.D. one thousand eight hundred and forty-one.

[No signatures on manuscript.]

From NARS, RG 75, LR, St. Peter's Agency, Roll 759 ( 1840-1844). The first treaty is also found in Thomas Hughes, Old Traverse Des Sioux ( St. Peter, Minn.: Herald Publishing Co., 1929), pp. 166-170.

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