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Treaty of October 28, 1865 – Oglala Sioux

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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 O’Galla band of Dakota or Sioux Indians.

Article 1.The O’Gallala band of Dakota or Sioux Indians, represented 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 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 O’Gallala 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 O’Gallala band of Dakota or Sioux Indians, represented in council, and other tribes of Indians, involving the question of peace or war, shall be submitted shall be submitted for the arbitrament of 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.

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 Government of the United States agree to pay to the said band the sum of ten 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.Should any individual or individuals, or portion of the band of the [O'Gallala] 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 O’Gallala band shall have located on land for agricultural purposes, and signified the same to their agent or superintendent, they as well as other families so 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 agricultural pursuits they 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. Article VI.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.

In testimony whereof, the Commissioners on the part of the United States, and the chiefs and headmen of the said O’Gallala band of Dakota or Sioux Indians, have hereunto set their hands this twenty-sixth day of October, eighteen hundred and sixty-five after the contents had previously been read, interpreted, and explained to the chiefs and headmen.

Newton Edmunds
Edward B. Taylor
S. R. Curtis, Major-General
H. H. Sibley, Brigadier-General
Henry W. Reed
Orrin Guernsey

Signed on the part of the Commission, in our presence

S. L. Spink
Geo. D. Hill
A. W. Hubbard
G. C. Moody
Chief Long Bull, Tan-tan-ka-has-ka, his x mark
The Charging Bear, Ma-lo-wa-ta-khe, his x mark
The Man that Stands on a Hill, Pa-ha-to-na-je, his x mark

The foregoing signatures in this handwriting (that of General Curtis) were made in presence of the undersigned on the 28th and 29th Oct., 1865, at Fort Sully.
Maj. A. P. Shreve
Paymaster U. S. Army
John Pattee
Lieutenant-Colonel Seventh Iowa Cavalry


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