Articles of negotiation between Charles E. Pearce, A. R. Appleman, and George H. Harries, commissioners on the part of the United States, duly appointed by Hon. John W. Noble, Secretary of the Interior, under act of Congress approved March 3, 1891, and certain Indians of the Sioux Nation, for the adjustment of all differences between the Indians on the Pine Ridge and Rosebud Reservations, South Dakota. Concluded in the month of July, 1891.
PART I.
Whereas by act of Congress approved March 2, 1891, the boundary line between the Rosebud and Pine Ridge Sioux Indian Reservations was established so as to begin at the mouth of Black Pipe Creek on White River and to run thence due south to the north line of the State of Nebraska; and
Whereas by said establishment of said boundary line the locations of the homes of various Indians (Brules) and their families were made to be within the limits of the Pine Ridge Reservation, which said locations had before said act been within the limits of said Rosebud Reservation; and
Whereas many of said Indians (Brules), the locations of whose homes were by said act affected as aforesaid, are desirous of residing permanently within the limits of said Pine Ridge Reservation as now existing, and are also desirous of drawing their rations and annuities to which they are respectively entitled under all existing treaties, laws, and contracts, at the agency of said Pine Ridge Reservation, instead of at the agency of the said Rosebud Reservation, and of exchanging all their respective rights, titles, and interests in said Rosebud Reservation for similar and corresponding rights, titles, and interests in said Pine Ridge Reservation, three-fourths of all the adult male Indians, that is to say, three fourths of all the male Indians of and above the age of 18 years, now at this present occupying or interested in said Pine Ridge Reservation, consenting thereto in writing executed by their hands, respectively, and sealed by their seals, respectively; and
Whereas there are various other Indians who are at this present within the limits of said Pine Ridge Reservation and who are enrolled at the agencies of the Rosebud Reservation, and of the Cheyenne River Reservation, and of the Standing Rock Reservation, and of the Lower Brule Reservation, respectively, and who nevertheless are desirous of residing permanently within the limits of the said Pine Ridge Reservation and of drawing their rations and annuities to which they are respectively entitled under all existing treaties, laws, and contracts at the agency of said Pine Ridge Reservation, instead of at the respective agencies of the reservations to which they, the Indians, at this present respectively belong, and who are also respectively desirous of exchanging all their respective rights, titles, and interests in said reservations to which they at this present respectively belong for similar and corresponding rights, titles, and interests in said Pine Ridge Reservation, three-fourths of all the adult male Indians, that is to say, three fourths of all the male Indians of and above the age of 18 years consenting thereto in writing, executed by their hands respectively, and sealed by their seals respectively:
Now, therefore, these presents witnesseth that the said Indians (Brules), the locations of whose homes were as aforesaid by said act of Congress made to be within the limits of said Pine Ridge Reservation, and who desire as aforesaid to reside permanently within the said Pine Ridge Reservation, and to become a part thereof and subject to all laws appertaining thereto, do hereby by their signatures and seals respectively hereto, signify for themselves respectively and for their families respectively their desire as aforesaid.
And the said Indians (Brules), the locations of whose homes were as aforesaid by said act of Congress made to be within the limits of said Pine Ridge Reservation, having as aforesaid by their hands and seals hereto signified their desire to reside permanently within the said Pine Ridge Reservation and to become a part thereof, with all the rights and obligations incident thereto, do also hereby respectively agree that if their said desire shall be granted and shall be consented to by three-fourths of all the adult male Indians now occupying or interested in the said Pine Ridge Reservation and Agency, so that the said Indians (Brules), the locations of whose homes were as aforesaid by said act of Congress affected, and whose names are hereunto subscribed, shall be entitled to reside thereafter together with their respective families, on said Pine Ridge Reservation, and to draw their respective rations and annuities to which they are entitled under existing laws and treaties at the agency of said Pine Ridge Reservation, and to have and enjoy all similar and corresponding rights, titles, and interests in said Pine Ridge Reservation and the Agency thereof, the same and to the same extent as they now have and are entitled to have and enjoy in said Rosebud Reservation, they the said Indians (Brules) will then and thereupon each for himself and his family and herself and her family relinquish absolutely all their respective rights, titles, and interests whatsoever in said Rosebud Reservation and to all rations and annuities connected therewith. It is, however, expressly understood and stipulated by the said Indians (Brules) whose homes were as aforesaid by said act of Congress affected, and whose names are hereto subscribed, and this convention is made upon the condition, that if any of the said Indians (Brules) whose homes were as aforesaid affected and whose names are hereto subscribed shall not be permitted to reside permanently on said Pine Ridge Reservation and to have and enjoy the rights, titles, and interests hereinbefore mentioned, then and in such case this instrument, in so far as it relates to or concerns such Indian or Indians who may not be permitted as aforesaid, shall be absolutely void and of no effect.
And the said Indians (Brules) do also declare that the provisions of this instrument have been fully explained to them, and that they understand the same.
PART II.
Whereas by act of Congress approved March 2, 1889, the boundary line between the Rosebud and Pine Ridge Sioux Indian Reservations was established so as to begin at the mouth of Black Pipe Creek, on White River, and run thence due south to the north line of the State of Nebraska; and
Whereas there are various Indians (Brules) and their families who are enrolled at the agency of said Rosebud Reservation, and who have their homes upon the territory lying west of said boundary line, and between said line and a line drawn parallel there to southward from the mouth of Pass Creek of said White River; and Whereas there are various other Indians who have formerly lived within said Rosebud Reservation, and also others who have formerly lived in the Standing Rock Reservation, and also others who have formerly lived in the Cheyenne River Reservation, and also others who have formerly lived within the Lower Brule Reservation, who are closely related by ties of blood with the Indians now occupying or interested in said Pine Ridge Reservation; and
Whereas many of said Indians (Brules) whose homes prior to said act were in the Rosebud Reservation and who were by said act brought within the limits of Pine Ridge Reservation, as now existing, are desirous of residing permanently upon said Pine Ridge Reservation and of drawing their rations and annuities to which they are entitled under existing treaties, laws, and contracts, at the agency of said Pine Ridge Reservation instead of at the agency of said Rosebud Reservation, and of exchanging all their rights, titles, and interests, to which they are respectively entitled under existing laws and treaties in said Rosebud Reservation for similar and corresponding rights, titles, and interests in said Pine Ridge Reservation; and
Whereas the said various other Indians who have formerly lived within said Rosebud Reservation and said other Indians who have formerly lived within said Standing Rock Reservation and said other Indians who have formerly lived within said Cheyenne River Reservation and said other Indians who have formerly lived within said Lower Brule Reservation are also desirous of residing permanently upon said Pine Ridge Reservation and of drawing their rations and annuities to which they are entitled under existing treaties, laws, and contracts, at the agency of said Pine Ridge Reservation instead of at the agencies of said other reservations respectively, and of exchanging all their rights, titles, and interests to which they are respectively entitled under existing laws and treaties in said other reservations respectively, for similar and corresponding rights, titles, and interests in said Pine Ridge Reservation:
Now, therefore, these presents witnesseth that the Indians (other than said Brules, and other than said Rosebud and Standing Rock and Cheyenne River and Lower Brule Indians) now at this present occupying or interested in said Pine Ridge Reservation, three-fourths of all the male adults of said Indians aforesaid occupying or interested in said Pine Ridge Reservation consenting, which said consent is evidenced by their respective signatures and seals hereto, do hereby consent and grant that the said Brule Indians, who at this time have their homes upon said Pine Ridge Reservation, may continue to reside permanently thereon and be enrolled at the agency of said Pine Ridge Reservation and draw their rations and annuities thereat and have and enjoy all respective rights and interests which by reason of said consent and grant they, the said Brule Indians, have relinquished and shall relinquish in said Rosebud Reservation.
And said Indians occupying or interested in said Pine Ridge Reservation do further, as aforesaid, consent and grant that said other Brules or Rosebud Indians and said Standing Rock Indians and said Cheyenne River Indians and said Lower Brule Indians who have formally expressed their desire to reside permanently upon said Pine Ridge Reservation by signing the rolls annexed to said formal declaration of desire made and dated at Pine Ridge Agency, South Dakota, in the months of June and July, 1891, before the Indian Commission, of which Charles E. Pearce, A. R. Appleman, and George H. Harries are members, may reside permanently upon said Pine Ridge Reservation and be enrolled at the agency thereof and draw their rations and annuities thereat and have and enjoy all respective rights and interests which by reason of this consent and grant they, the said Indians, have relinquished and shall relinquish in said Rosebud Reservation and said Standing Rock Reservation and said Cheyenne River Reservation and said Lower Brule Reservation, respectively.
And it is expressly understood, stipulated, and agreed, and the consent and grant herein made and set forth is upon the sole condition that the rights of all Indians (other than said consentees and said grantees hereinbefore mentioned) now occupying or interested in the said Pine Ridge Reservation, in all rations, annuities, and interests in the principal and interest on the permanent fund to which they, the said Indians, are respectively entitled under existing laws and treaties, shall remain and be per capita the same as they are at this present, and it is further understood and stipulated that in case said rights last aforesaid mentioned, or any of them, shall not remain per capita as at this present, and in accordance with present and existing laws and treaties, but shall be in any way modified or diminished by reason of the consent and grant herein given and made, then and in such case this instrument and all the provisions thereof shall be and become absolutely void and of no effect.
And we do also declare that this instrument has been fully explained to us and that we understand the same.
Witness our hands and seals hereto freely subscribed and affixed in the months of June and July 1891.
PART III.
Whereas, by act of Congress approved March 3, 1891, the Secretary of the Interior was authorized to adjust by negotiation "all differences between the Indians on the Pine Ridge and Rosebud Reservations in South Dakota in reference to the boundary lines of said reservations, their rations, annuities, and interest in the principal and interest of the permanent fund;" and
Whereas Charles E. Pearce, A. R. Appleman, and George H. Harries, commissioners, appointed to conduct said negotiations have ascertained that by the act of Congress approved March 2, 1889, changing the boundary line between the Pine Ridge and Rosebud Reservations various Brule Indians who had belonged to said Rosebud Reservation were thrown into the Pine Ridge Reservation by reason of the fact that they were residing west of a line running due south from the mouth of Black Pine Creek, and have ascertained that said Indians (Brules) so affected by said act are desirous of residing permanently in said Pine Ridge Reservation and of exchanging their rights, titles, and interests respectively in said Rosebud Reservation for similar and corresponding rights, titles, and interests in said Pine Ridge Reservation and have ascertained that various other Indians who have formerly lived and who belong respectively to the Rosebud Reservation, and the Cheyenne River Reservation, and the Standing Rock Reservation, and the Lower Brule Reservation, and who are now within the Pine Ridge Reservation are desirous of residing permanently upon said Pine Ridge Reservation and of exchanging their respective rights, titles, and interests in said Reservations above named for similar and corresponding rights, titles, and interests in said Pine Ridge Reservation; and Whereas said commissioners have further ascertained that more than three-fourths of all the adult male Indians (other than the Indians above named) occupying or interested in said Pine Ridge Reservation have consented and agreed and do consent and agree that said Indians (Brules) who were as aforesaid by said act of Congress of March 2, 1889, thrown into the Pine Ridge Reservation may hereafter reside on said reservation and become a part thereof and draw their rations and annuities at the agency thereof and have and enjoy all other rights and interests in said Pine Ridge Reservation, which they the said Indians (Brules) had or were entitled to have in said Rosebud Reservation, and have further consented and agreed that said other Indians who have formerly lived within said Rosebud and said Cheyenne River and said Standing Rock and said Lower Brule Reservations, respectively, and whose names are subscribed to these presents may hereafter reside on said Pine Ridge Reservation and become a part thereof and together with their respective families may draw their rations and annuities at the agency thereof and have and enjoy all other rights, titles, and interests in said Pine Ridge Reservation which they the said Indians had or were entitled to have in said reservations, respectively, all which desires, consents, and agreements are expressed, declared, and made manifest by the hands and seals, respectively, of all the Indians herein concerned.
Now, therefore, the said commissioners on the part of the United States do consent and agree as follows, to wit:
First. That the Indians (Brules) who were by the operation of said act of Congress of March 2, 1889, thrown into the Pine Ridge Reservation by reason of the fact that they, the said Indians, were residing west of the line running due south from the mouth of Black Pipe Creek, may with their respective families continue hereafter to reside on said Pine Ridge Reservation and become a part thereof, and draw their rations and annuities and their interests in the principal and interest of the permanent fund at the agency thereof, and have and enjoy all rights, titles, and interests therein, which they, the said Indians, have heretofore had and enjoyed in said Rosebud Reservation, and that all rations and annuities to which said Indians are respectively entitled at said Rosebud Reservation, and which have not been duly issued, shall be transferred to the agency of the Pine Ridge Reservation for issue to said Indians respectively in accordance with the laws and treaties at this present in force.
Second. That the Indians (other than the above mentioned) who have heretofore resided within the Rosebud, the Cheyenne River, the Standing Rock, and the Lower Brule Reservations, respectively, and whose names appear duly subscribed to these presents, may with their respective families continue hereafter to reside on said Pine Ridge Reservation and become a part thereof, and draw their rations and annuities and their respective interests in the principal and interest of the permanent fund at the agency thereof, and have and enjoy all rights, titles, and interests therein which they the said Indians have heretofore had and enjoyed in the reservations to which they have heretofore belonged, and that all rations and annuities to which said Indians are respectively entitled at said reservations and which have not been duly issued, shall be transferred to the agency of the Pine Ridge Reservation for issue to the said Indians respectively, in accordance with the laws and treaties at this present in force, the consent and agreement of this second provision being however wholly ineffective unless approved by the Secretary of the Interior to whom is reserved the right of approval in whole or in part, and the commissioners recommend that the said second provision be carried into effect.
EXHIBIT F.
[NOTE: Includes names of those desiring to live on Pine Ridge Reservation. Please see "document scan" source for the full list.]
EXHIBIT G.
[NOTE: Includes names of those noted on the Roll of Ogallala signers. Please see "document scan" source for the full list.]
I hereby certify that I am the Acting United States Indian agent at the Pine Ridge Agency, South Dakota; that the number of adult male Indians (inclusive of the Northern Cheyennes removed to Fort Keogh, Montana) belonging to said agency according to the latest enumeration is thirteen hundred and fifty-six (1,356). Given under my hand at said agency this 14th day of July, 1891.
Chas. G. Penney,
Captain Sixth Infantry, Actg. U.S. Indian Agent.
United States Indian Service,
Pine Ridge Agency, July 15, 1891.
I, Frank White, having been employed as interpreter at Pine Ridge Agency, South Dakota, by the Indian Commission, of which Charles E. Pearce, A. R. Appleman, and George H. Harries are members, do hereby certify that the foregoing agreements were by me fully explained to the Indians whose names appear therein and subscribed thereto.
Frank White.
Pine Ridge Agency, July 15, 1891.
We hereby certify that we were present and witnessed the signatures of the above Indians to the foregoing agreements.
Frank White.
Harry N. Price.
Fort Keogh, Mont., August 9, 1891.
We the undersigned members of the Sioux Indian Commission and clerk of said Commission do hereby certify that on the 15th day of July, 1891, while en route from the Pine Ridge Agency to the city of Rushville, Nebr., the satchel containing the original roll of the signatures of Pine Ridge Indians (Ogalallas), amounting in the aggregate to one thousand and fifty was either lost or stolen from the possession of the Commission, and the same has not yet been recovered.
And we do further certify that the names of Pine Ridge Indians, or Ogalallas, contained in the list herewith annexed, is a correct copy of the names contained in said original list from Nos. 1 to 958 inclusive, and that the said names were kept in the unofficial record of the Commission, and that the persons, Indians, whose names appear in said duplicate roll as aforesaid, signed the agreements hereto annexed in execution thereof.
That the names appearing in the attached lists and numbered from 984 to 1050, inclusive, are original signatures.
Witness our hands this 9th day of August, 1891.
Chas. E. Pearce,
A. R. Appleman,
Geo. H. Harries,
Commissioners.
Harry N. Price,
Clerk.