Sioux Treaty of 1868- Excerpts

Sioux Treaty

Date Created:

Year Created: 1868

Description: This war was brought upon us by the children of the Great Father who came to take our land from us without price."

--Spotted Tail

The report and journal of proceedings of the commission appointed to obtain certain concessions from the Sioux Indians, December 26, 1876

The history of Native Americans in North America dates back thousands of years. Exploration and settlement of the western United States by Americans and Europeans wreaked havoc on the Indian peoples living there. In the 19th century the American drive for expansion clashed violently with the Native American resolve to preserve their lands, sovereignty, and ways of life. The struggle over land has defined relations between the U.S. government and Native Americans and is well documented in the holdings of the National Archives. (From the American Originals exhibit script.)

From the 1860s through the 1870s the American frontier was filled with Indian wars and skirmishes. In 1865 a congressional committee began a study of the Indian uprisings and wars in the West, resulting in a Report on the Condition of the Indian Tribes , which was released in 1867. This study and report by the congressional committee led to an act to establish an Indian Peace Commission to end the wars and prevent future Indian conflicts. The United States government set out to establish a series of Indian treaties that would force the Indians to give up their lands and move further west onto reservations.

In the spring of 1868 a conference was held at Fort Laramie, in present day Wyoming, that resulted in a treaty with the Sioux. This treaty was to bring peace between the whites and the Sioux who agreed to settle within the Black Hills reservation in the Dakota Territory.

The Black Hills of Dakota are sacred to the Sioux Indians. In the 1868 treaty, signed at Fort Laramie and other military posts in Sioux country, the United States recognized the Black Hills as part of the Great Sioux Reservation, set aside for exclusive use by the Sioux people. In 1874, however, General George A. Custer led an expedition into the Black Hills accompanied by miners who were seeking gold. Once gold was found in the Black Hills, miners were soon moving into the Sioux hunting grounds and demanding protection from the United States Army. Soon, the Army was ordered to move against wandering bands of Sioux hunting on the range in accordance with their treaty rights. In 1876, Custer, leading an army detachment, encountered the encampment of Sioux and Cheyenne at the Little Bighorn River. Custer's detachment was annihilated, but the United States would continue its battle against the Sioux in the Black Hills until the government confiscated the land in 1877. To this day, ownership of the Black Hills remains the subject of a legal dispute between the U.S. government and the Sioux.

This article was written by Linda Darus Clark, a teacher at Padua Franciscan High School, in Parma, OH.

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Transcript of Treaty of Fort Laramie (1868) (excerpts)

 

ARTICLES OF A TREATY MADE AND CONCLUDED BY AND BETWEEN

 

Lieutenant General William T. Sherman, General William S. Harney, General Alfred H. Terry, General O. O. Augur, J. B. Henderson, Nathaniel G. Taylor, John G. Sanborn, and Samuel F. Tappan, duly appointed commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises.

 

ARTICLE I.
From this day forward all war between the parties to this agreement shall for ever cease. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to maintain it.

If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.

If bad men among the Indians shall commit a wrong or depredation upon the person or property of nay one, white, black, or Indian, subject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, upon proof made to their agent, and notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws, and, in case they willfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities, or other moneys due or to become due to them under this or other treaties made with the United States; and the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper, but no one sustaining loss while violating the provisions of this treaty, or the laws of the United States, shall be reimbursed therefor.

 

ARTICLE II.
The United States agrees that the following district of country, to wit, viz: commencing on the east bank of the Missouri river where the 46th parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of the State of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the 104th degree of longitude west from Greenwich, thence north on said meridian to a point where the 46th parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existing reservations of the east back of said river, shall be and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons, except those herein designated and authorized so to do, and except such officers, agents, and employees of the government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided.

 

ARTICLE VII.
In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as are or may be settled on said agricultural reservations, and they, therefore, pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school, and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that for every thirty children between said ages, who can be induced or compelled to attend school, a house shall be provided, and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than twenty years.

 

Citation: National Archives and Records Administration
General Records of the United States Government
Record Group 11
National Archives Identifier: 299803

Clark, Linda Darus. “Sioux Treaty of 1868.” National Archives and Records Administration, National Archives and Records Administration, 23 Sept. 2016, www.archives.gov/education/lessons/sioux-treaty#documents.