INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties    

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


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TREATY WITH THE SIOUNE AND OGLALA TRIBES, 1825.

July 5, 1825. | 7 Stat., 252. | Proclamation, Feb. 6, 1826.

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Margin Notes
Supremacy of United States acknowledged.
United States receive them under their protection.
Places for trade to be designated by the President.
Regulation of trade among the Indians.
Course to be pursued in order to prevent injuries by individuals, etc.
Chiefs to exert themselves to recover stolen property.
No guns, etc., to be furnished by them to any tribe, etc., hostile to United States.

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For the purpose of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Sioune and Ogallala bands of the Sioux tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States' Army, and Major Benjamin O'Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Head-men, and Warriors, of the said Sioune and Ogallala bands of Sioux Indians, on behalf of their bands, of the other part, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate shall be binding on both parties,—to wit:

ARTICLE 1.

It is admitted by the Sioune and Ogallala bands of Sioux Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said bands also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

The United States agree to receive the Sioune and Ogallala bands of Sioux into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

All trade and intercourse with the Sioune and Ogallala bands shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said bands of Indians.

ARTICLE 4.

That the Sioune and Ogallala bands may be accommodated with such articles of merchandise, &c. as their necessities may demand, the United States agree to admit and license traders to hold intercourse with said bands, under mild and equitable regulations: in consideration of which, the Sioune and Ogallala bands bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their particular district of country. And the said Sioune and Ogallala bands further agree, that if any foreigner or other persons, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend

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such person or persons, and deliver him or them to some United States' superintendent, or agent of Indian affairs, or to the commandant of the nearest military post, to be dealt with according to law.—And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country; and to protect, in their persons and property, all agents or other persons sent by the United States to reside temporarily among them; nor will they, whilst on their distant excursions, molest or interrupt any American citizen or citizens who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5.

That the friendship, which is now established between the United States and the Sioune and Ogallala bands should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the injured party, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons, against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And, in like manner, if any robbery, violence or murder, shall be committed on any Indian or Indians belonging to the said bands, the person or persons so offending shall be tried, and if found guilty shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the chiefs of said Sioune and Ogallala bands shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said bands; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guaranty to any Indian or Indians of said bands, a full idemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, The property stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Sioune and Ogallala bands engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6.

And the Chiefs and Warriors, as aforesaid, promise and engage, that their bands will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

IDone at the mouth of the Teton river, this 5th day of July, A. D. 1825, and of the independence of the United States the fiftieth.
In testimony whereof, the said commissioners, Henry Atkinson and Benjamin O'Fallon, and the chiefs, head men, and warriors, of the Sioune and Ogallala bands, have hereunto set their hands, and affixed their seals.

H. Atkinson, Brigadier-General, U. S. Army. [L. S.]

Benj. O'Fallon, United States agent Indian Affairs. [L. S.]

    Siounes chiefs:

Wah-e-ne-ta, the Rushing Man, his x mark, [L. S.]

Cah-re-we-ca-ca, the Crow Feather, his x mark, [L. S.]

Ma-ra-sea, the White Swan, his x mark, [L. S.]

Chan-dee, the Tobacco, his x mark, [L. S.]

O-ke-ma, the Chief, his x mark, [L. S.]

Tow-cow-sa-no-pa, the Two Lance, his x mark, [L. S.]

    Warriors:

Chan-ta-wah-nee-cha, the No Heart, his x mark, [L. S.]

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He-hum-pee, the one that has a voice in his neck, his x mark, [L. S.]

Num-cah-pay, the one that knocks down two, his x mark, [L. S.]

    Ogallala chiefs:

Ta-tun-ca-nash-sha, the Standing Buffalo, his x mark, [L. S.]

He-a-long-ga, the Shoulder, his x mark, [L. S.]

Ma-to-weet-co, the Full White Bear, his x mark, [L. S.]

Wa-na-re-wag-she-go, the Ghost Boy, his x mark, [L. S.]

    Warriors:

Ek-hah-ka-sap-pa, the Black Elk, his x mark, [L. S.]

Tah-tong-ish-nan-na, the One Buffalo, his x mark, [L. S.]

Mah-to-ta-tong-ca, the Buffalo White Bear, his x mark, [L. S.]

Nah-ge-nish-ge-ah, the Mad Soul, his x mark, [L. S.]

Siounes of the Fire-hearts band, who sign at Camp Hidden Creek, on the 12th July, 1825:

    Chiefs:

Chan-ta-pa-ta, the Fire-heart, his x mark, [L. S.]

Wah-con-ta-mon-ee, the one that shoots as he walks, his x mark, [L. S.]

Ke-ah-ash-sha-pa, the one that makes a noise as he flies, his x mark, [L. S.]

    Warriors:

Mato-co-kee-pa, the one that is afraid of the White Bear, his x mark, [L. S.]

Warriors—Continued.

Ho-ton-co-kee-pa, the one that is afraid of his voice, his x mark, [L. S.]

Wom-dish-ki-a-ta, the Spotted War Eagle, his x mark, [L. S.]

Cha-lon-we-cha-ca-ta, the one that kills the buffalo, his x mark, [L. S.]

Ca-re-no-pa, the Two Crows, his x mark, [L. S.]

Ca-re-a-tun-ca, the Crow that sits down, his x mark, [L. S.]

To-ke-a-we-cha-ca-ta, the one that kills first, his x mark, [L. S.]

In the presence of—

P. Wilson, U. S. S. Indian agent,

John Gale, surgeon, U. S. Army,

D. Ketchum, major, U. S. Army,

Levi Nute, lieutenant, U. S. Army,

G. C. Spencer, captain, First Infantry,

M. W. Batman, lieutenant, Sixth Infantry,

Wm. Armstrong, captain, Sixth Regiment Infantry,

Jas. W. Kingsbury, lieutenant, First Regiment Infantry,

R. Holmes, lieutenant, Sixth Infantry,

R. M. Coleman, U. S. Army,

W. L. Harris, lieutenant, First Infantry,

H. Leavenworth, colonel, U. S. Army,

B. Riley, captain, Sixth Infantry,

S. Wragg, adjutant, First Regiment Infantry,

Wm. Day, lieutenant, U. S. Army,

C. Pentland, captain, Sixth Infantry,

G. H. Kennerly, U. S. S. Indian agent,

Thos. P. Gwynn, lieutenant, First Infantry.

Witnesses to the signatures of the Fire-hearts band, as executed on the 12th July, 1825:

A. L. Langham, secretary to the Commission,

G. H. Kennerly, U. S. S. Indian agent,

H. Leavenworth, colonel, U. S. Army,

S. W. Kearny, brevet major, First Infantry,

P. Wilson, U. S. S. Indian agent,

R. M. Coleman, U. S. Army,

Wm. Armstrong, captain, Sixth Regiment Infantry,

J. Gantt, captain, Sixth Infantry.


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