INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


Home | Disclaimer & Usage | Table of Contents | Index

ACTS OF FIFTY-FIFTH CONGRESS—THIRD SESSION, 1899.
CHAP. 65 | CHAP. 88 | CHAP. 129 | CHAP. 153 | CHAP. 178 | CHAP. 193 | CHAP. 219 | CHAP. 222 | CHAP. 225 | CHAP. 226 | CHAP. 316 | CHAP. 324 | CHAP. 380 | CHAP. 424 | CHAP. 450 | CHAP. 453 | J. R. 40

Page Images


Chapter 450
Sections 2 | 3

Margin Notes
Chap. 450 Agreement with Indians of Lower Brule and Rosebud reservations.
Chap. 450 Lands relinquished.
Chap. 450 Reallotment.
Chap. 450 Provisos. Children born prior to reallotment.
    Ante, p. 328.
Chap. 450 Division of allotment between husband and wife.
Chap. 450 School.
Chap. 450 Ratification necessary.
Chap. 450 Signatures.
Chap. 450 Agreement with Indians on the Rosebud Reservation, S. Dak.
Chap. 450 —consent of to allotment, etc., to Lower Brule Indians.
    Ante, p. 330.
Chap. 450 Consideration.
Chap. 450 Rights of Lower Brule Indians settled on Rosebud Reservation.
Chap. 450 Proviso.
—to have no further interest in Lower Brule Reservation.
Chap. 450 Allotments to children.
    Ante, p. 330.
Chap. 450 Provisos.
—division of allotment between husband and wife.
Chap. 450 Revision of provisions of allotment.
Chap. 450 Completion of allotments, etc.
    Ante, p. 331.
Chap. 450 Ratification necessary.
Chap. 450 Ratification.
—Lower Brule Indians.
Sec. 2 —Rosebud Indians.
Sec. 3 Appropriation.
Sec. 3 Proviso. To be in full.

{Page 688}

Chapter 450
    Mar. 3, 1899. | 30 Stat., 1362.
Page Images

An act to ratify agreements with the Indians of the Lower Brule and Rosebud reservations in South Dakota, and making an appropriation to carry the same into effect.

Whereas James McLaughlin, United States Indian inspector, did on the first day of March, eighteen hundred and ninety-eight, make and conclude an agreement with the male adult Indians of the Lower Brule band of the Sioux tribe, occupying or belonging on the Lower Brule Reservation in South Dakota, which said agreement is as follows:

AGREEMENT.

This Agreement made and entered into on the first day of March, eighteen hundred and ninety-eight, by and between James McLaughlin, U.S. Indian Inspector, on the part of the United States, and the Lower Brule band of the Sioux tribe of Indians occupying or belonging on the Lower Brule reservation, in South Dokota, witnesseth:

ARTICLE 1.    The said Indians belonging on the Lower Brule Reservation hereby consent and agree that those of their tribe now south of the White River on the Rosebud Indian Reservation, South Dakota, may remain thereon; that they may take with them and have converted into the permanent fund of the Indians belonging upon the Rosebud Reservation their proportional or pro rata share of the funds now in the Treasury of the United States to the credit of the Indians belonging upon the Lower Brule Reservation; and that the Lower Brule Indians who have so removed may become and are hereafter to be considered Indians of the Rosebud Reservation.

ARTICLE 2.    In consideration of the lands upon the Lower Brule Reservation abandoned by the Indians who have removed to the Rosebud Reservation, and in order that the United States may reimburse itself for the lands purchased for the Indians last mentioned upon the Rosebud Reservation, the said Indians of the Lower Brule Reservation do hereby cede and relinquish to the United States a tract of territory constituting a portion of the Lower Brule Reservation, and estimated to contain about one hundred and twenty thousand (120,000) acres, described as follows:

Townships 107, 108 and 109, N. Range 79 W. of the 5th Principal Meridian; also Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34, and west half of Sections 2, 11, 14, 23, 26 and 35, in Township 109 N. Range 78 W. of 5th Prin. Mer.; also Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34, in Township 108 N. Range 78 W. of 5th Prin. Mer.; also Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34, in Township 107 N. Range 78 W. of 5th Prin. Mer.; also north ½ of Sections 3, 4, 5 and 6 of Township 106 N. Range 79 W. of 5th Prin. Mer. The same being the western portion of the Lower Brule Indian Reservation from its northern boundary to its southern boundary as herein described.

ARTICLE 3.    It is hereby further agreed that a re-allotment shall be made by the United States to the Indians remaining upon the Lower Brule reservation within the diminished portion thereof: Provided, That all children born prior to the time of making such re-allotment shall receive allotment of land in manner and quantity as provided in Section eight of the Act of Congress, approved March second, eighteen hundred and eighty-nine: And Provided Further, That instead of giving an allotment of 320 acres of agricultural or double that quantity of grazing land to the head of a family as provided in said section eight, one-half of that quantity shall be allotted to the husband and

{Page 689}

one-half to the wife, where both are living and otherwise entitled to the benefits accruing to Indians belonging upon said reservation.

ARTICLE 4.    The United States hereby agrees to maintain and continue the Lower Brule Agency and Agency Boarding School as at present for those Indians who remain upon the Lower Brule Reservation.

ARTICLE 5.    This agreement shall not take effect and be in force until ratified by Act of Congress of the United States.

Dated and signed at the Lower Brule Agency, South Dakota, on the first day of March, eighteen hundred and ninety-eight.

JAMES MCLAUGHLIN,  (SEAL)
U.S. Indian Inspector.

1. BIG MANE (his x mark) (SEAL)
2. BLACK ELK (his x mark) (SEAL)
3. CHAS DE SHEUQUETTE (his x mark) (SEAL)
(and two hundred and forty (240) others)

I hereby certify that at the request of Indian Inspector McLaughlin, I read the foregoing Agreement in open council to the Indians of the Lower Brule Agency, parties thereto, and that it was explained to them through the interpreters, paragraph by paragraph.

B. C. ASH,
U. S. Indian Agent

LOWER BRULE AGENCY, S.D.
      March 1st, 1898.

We hereby certify that the foregoing Articles of Agreement were fully explained in open council to the Indians of Lower Brule Agency, parties hereto, and were thoroughly understood by them before signing the same, and that the Agreement was duly executed and signed by said Indians.

ALEX. RENCOUNTRE,
Official Interpreter.
GEORGE ESTES,
Special Interpreter.

LOWER BRULE AGENCY, S. D.
      March 1st, 1898.

Witnesses to the foregoing Agreement, signatures of Inspector and the 243 Indians whose names appear as parties thereto.

B. C. ASH,
U. S. Indian Agent.
GEORGE S. STONE,
Agency Clerk.
J. R. COLLARD,
Agency Physician.

LOWER BRULE AGENCY, S. D.
      March 1st, 1898.

I certify that the total number of male Indians over eighteen (18) years of age belonging on this reservation, is two hundred and sixtyeight (268), of whom two hundred and forty-three (243) have signed the foregoing Agreement.

B. C. ASH,
U. S. Indian Agent.

LOWER BRULE AGENCY, S. D.
      March 1st, 1898.

I certify that the official records of the Lower Brule Agency show two hundred and sixty-eight (268) male adult Indians over eighteen (18) years of age, residing on or belonging to the Lower Brule Reservation,

{Page 690}

two hundred and forty-three (243) of whom have duly signed the foregoing Agreement.

JAMES MCLAUGHLIN,
U. S. Indian Inspector.

LOWER BRULE AGENCY, S. D.
      March 1st, 1898.

And
Whereas James McLaughlin, United States Indian inspector, did on the tenth day of March, eighteen hundred and ninety-eight, make and conclude an agreement with the male adult Indians of the Sioux tribe, on or belonging on the Rosebud Indian Reservation in the State of South Dakota, which said agreement is as follows:

AGREEMENT.

This Agreement made and entered into on the tenth day of March, eighteen hundred and ninety-eight, by and between James McLaughlin, U. S. Indian Inspector, on the part of the United States, and the Sioux tribe of Indians belonging on the Rosebud Indian Reservation, in South Dakota, witnesseth:

ARTICLE 1.   The Indians of the Rosebud Indian Reservation hereby give their permission and consent for the Indians of the Lower Brule Reservation, in South Dakota, who have left the same and settled upon the Rosebud Reservation, to remain thereon and take allotments of lands in severalty as provided in Section eight of the Act of Congress, approved March two, eighteen hundred and eighty-nine modified as hereinafter provided.

ARTICLE 2.   In consideration for the permission and consent aforesaid it is hereby agreed that the United States shall pay the Indians of the Rosebud Reservation, as now constituted, excluding the said Indians who have removed to the Rosebud reservation from the Lower Brule Reservation, pro rata, in cash, at the rate of one dollar and twenty-five cents ($1.25) per acre for the lands allotted to the Indians of the Lower Brule Reservation, as provided in Article 1 of this agreement; and it is understood and agreed that the Indians of the Rosebud Reservation shall not be dependent upon the funds of the Lower Brule Indians for such payment, but the same shall be made to them directly by the Government of the United States.

ARTICLE 3.   It is further provided and agreed that the Lower Brule Indians who have permanently located upon the Rosebud reservation shall have their pro rata or proportional share of the tribal funds, now in the Treasury of the United States, belonging to the Indians of the Lower Brule Reservation, transferred to and consolidated with the funds of the Indians belonging on the Rosebud Reservation, and that hereafter they shall be regarded in all essential respects as Indians of the Rosebud Reservation, and their annuities and other benefits from the Government, whether derived from treaty provisions, or otherwise, shall be distributed to them at the Rosebud Agency, or a sub-agency connected therewith; Provided, That the Lower Brule Indians who have so located upon the Rosebud Reservation shall have no further interest in the Lower Brule Reservation, or the lands comprising the same, after their interest in the tribal funds has been transferred to the Rosebud funds as above stipulated.

ARTICLE 4.   It is hereby agreed on the part of the United States that allotments in severalty shall be made to all children born prior to the date of the ratification of this agreement, then living, in manner and quantity as provided in Section eight of said Act of march two, eighteen hundred and eighty-nine; Provided, That in future allotments upon the Rosebud Reservation, instead of allotting 320 acres of agricultural or double that quantity of grazing land to the head of a fam-

{Page 691}

ily, as provided in said Section eight, one half of said quantity shall be allotted to the husband and one half to the wife, where both are living and otherwise entitled to the benefits accruing to the Indians belonging upon said reservation; Provided Further, that the allotments heretofore made on the Rosebud Reservation shall be revised in conformity with the preceding proviso. And Provided Further, That where any Indians to whom allotments in severalty have been made in the field, have since died, such allotments shall be duly completed and approved, and the lands shall descend to the heirs of such decedents in accordance with the provisions of section eleven of said Act last above mentioned.

ARTICLE 5.   This agreement shall not take effect and be in force until ratified by Act of the Congress of the United States.

Dated and signed at the Rosebud Agency, South Dakota, on the tenth day of March, eighteen hundred and ninety-eight.

JAMES MCLAUGHLIN,   (SEAL)
U. S. Indian Inspector.

1. CHARLES C. TACKETT, (SEAL)
2. I. P. BETTELYOUN, (SEAL)
3. CLEMENT WHIRLWIND SOLDIER, (SEAL)
(and one thousand and twenty others).

I hereby certify that at the request of Indian Inspector McLaughlin I read the foregoing agreement in open council to the Indians of the Rosebud Agency, S. D., parties thereto, and that it was explained to them through the interpreters paragraph by paragraph.

CHAS. E. MCCHESNEY,
U. S. Indian Agent.

ROSEBUD AGENCY, S. D.,
      March 10, 1898.

We hereby certify that the foregoing agreement was fully explained by us in open council to the Indians of the Rosebud Agency, S. D.; that it was fully understood by them before signing, and that we witnessed the signatures of the Indians thereto; and we further certify that the foregoing names though similar in some cases represent different individuals in every instance.

LOUIS ROULIDEAU,
Official Interpreter.
THOMAS FLOOD,
Special Interpreter.

ROSEBUD AGENCY, S. D.,
      March 10, 1898.

We certify that we witnessed the signatures of Indian Inspector McLaughlin and Indians to the foregoing agreement, parties thereto.

FRANK MULLIN,
Agency Clerk.
H. B. COX,
Assistant Clerk.
J. FRANKLIN HOUSE,
Day School Inspector.
H. J. CATON,
Farmer Cut Meat Creek District.
JOHN SULLIVAN,
Farmer Black Pipe Creek District.
FRANK SYPAL,
Farmer Butte Creek District.

ROSEBUD AGENCY, S. D.,
      March 10, 1898.

{Page 692}

I certify that the total number of male Indians over eighteen years of age belonging on this reservation is eleven hundred and sixty (1160), of whom ten hundred and twenty-three (1023) have signed the foregoing agreement.

CHAS. E. MCCHESNEY,
U. S. Indian Agent.

ROSEBUD AGENCY, S. D.
       March 10, 1898.

I certify that the official records of Rosebud Agency, S. D., show eleven hundred and sixty adult male Indians over eighteen years of age belonging on the Rosebud Reservation, ten hundred and twenty-three of whom have signed the foregoing agreement, being one hundred and fifty-three (153) more than the three-fourths majority of the adult male Indians of Rosebud Agency.

JAMES MCLAUGHLIN,
U. S. Indian Inspector.

ROSEBUD AGENCY, S. D.
      March 10, 1898.

Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the agreement made and entered into on the first day of March, eighteen hundred and ninety-eight, by and between James McLaughlin, United States Indian inspector, on the part of the United States, and the Lower Brule band of the Sioux tribe of Indians in South Dakota, be, and the same hereby is, accepted, ratified, and confirmed.

SEC. 2

That the agreement made and entered into on the tenth day of March, eighteen hundred and ninety-eight, by and between James McLaughlin, United States Indian inspector, on the part of the United States and the Sioux tribe of Indians belonging to the Rosebud Indian Reservation in South Dakota, be, and the same is hereby, ratified and confirmed.

SEC. 3

That for the purpose of making the payment to the Indians of the Rosebud Reservation stipulated for in article two of the foregoing agreement, the sum of one hundred and forty-eight thousand six hundred dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated: Provided, That the said payment is to be in full for all lands required by the said Lower Brule Indians for allotments in accordance with the provisions of article one of the aforesaid agreement.

Approved, March 3, 1899.


Search | OSU Library Digitization Center

Produced by the Oklahoma State University Library
Generous support provided by The Coca-Cola Foundation, Atlanta, GA
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu