Agreement with the Rosebud, 1903

ORIGINAL SIGNATORIES

SUCCESSOR IN INTEREST (TRIBES)

KEY PROVISIONS

HISTORICAL NOTES

Agreement with the Rosebud, 1903

This Agreement made and entered into on the tenth day of August, nineteen hundred and three, by and between James McLaughlin, United States Indian Inspector, on the part of the United States, and the Sioux tribe of Indians belonging on the Rosebud Reservation, in the State of South Dakota, WITNESSETH:

ARTICLE I.

The said Indians belonging on the Rosebud Reservation, South Dakota, for the consideration hereinafter named, do hereby cede, surrender, grant, and convey to the United States all their claim, right, title, and interest in and to all that part of the Rosebud Reservation now remaining unallotted, situated within the boundaries of Gregory County, South Dakota, described more particularly as follows: Commencing in the middle of the main channel of the MIssouri River at the intersection of the South line of Brule County: thence down said middle of the main channel of said river to the intersection of the ninety-ninth degree of west longitude from Greenwich; thence due south to the forty-third parallel of the latitude; thence west along said parallel of latitude to its intersection with the tenth guide meridian; thence north along said guide meridian to its intersection with the township line between townships one-hundred and one-hundred and one, north; thence east along said township line to the point of beginning, the unallotted land hereby ceded approximating four hundred and fifteen thousand, one hundred and eight one (415,181) acres, lying and being within the boundaries of Gregory County, South Dakota, as said county is at present defined and organzied.

ARTICLE II.

In consideration of the land ceded, relinquished, and coveted by Article I of this agreement of the United States stipulated and agrees to dispose of the said land to settlers under the provisions of the homestead and town-site laws, except Sections sixteen and thirty-six, or an equivalent of two sections in each township, to be reserved for the use of the common schools of the State of South Dakota, and not exceeding one hundred and ninety-eight and sixty-seven one-hundredths acres, for one Catholic Mission, and two Congregational Missions, at not less than two dollars and seventy-five cents ($2.75) per acre, and to pay to said Indians the proceeds derived from the sale of said lands as provided in this agreement. And the United States stipulates and agrees to pay for Sections sixteen and thirty-six, or an equivalent of two sections in each township, to be reserved for the use of the common schools of the State of South Dakota, also for not exceeding one hundred and ninety-eight and sixty-seven one-hundredths acres, for one Catholic Mission and two Congregational Missions, two dollars and fifty cents ($2.50) per acre within four months after the ratification of this agreement, or within such time as will place this payment in the first disbursement to be made under the provisions of this agreement.

ARTICLE III.

It is agreed that of the amount to be derived from the sale of said lands to be paid to said Indians, as stipulated in Article II of this agreement, the sum of two hundred and fifty thousand dollars ($250,000.00) shall be expended in the purchase of stock cattle, of native range of graded Texas two-year-old heifers, and graded Durham or Hereford two-year-old bulls, for issue to said Indians, to be distributed as equally as possible among men, women, and children as soon as practicable after the ratification of this agreement, but not more than one-half of the money received in any one year shall be so expended, and the other half shall be paid to said Indians per capita in cash, and an accounting, settlement, and payment shall be made in the month of November in each year until the lands are fully paid for and the funds distributed in accordance with the provisions of this agreement.

ARTICLE IV.

It is further agreed that the landed ceded to the United States by Article I of this agreement, shall be disposed of under the general provisions of the homestead and town-site laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which the said lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; That the price of said lands, except Sections sixteen and thirty-six or an equivalent of two sections in each township, to be reserved for the use of the common schools of the State of South Dakota, and not exceeding one hundred and ninety-eight and sixty-seven one-hundreths acres, for one Catholic Mission and two Congregational Missions, shall be two dollars and seventy-five cents (2.75) per acre, to be paid as follows: Seventy-five cents per acre when entry is made; forth cents per acre at the expiration of one year after entry; forty cents per acre at the expiration of two years after entry; forty cents per acre at the expiration of three years after entry; forty cents per acre at the expiration of four years after entry; and forty cents per acre within six months after the expiration of five years from date of entry; Provided, That in case any entryman fails to make such payment or any of them within the time stated, all rights in and to the land covered by his or her entry shall at once cease, and any payment theretofore made shall be forfeited, and the entry shall be forfeited and held for cancellation, unless the Secretary of the Interior shall in his discretion, and for good cause, excuse, for not exceeding six months, the said failure, application for which must be made by the settler on or before the date of payment, which would bring him or her in default. And provided further, That all lands ceded and relinquished to the United States by Article I of this agreement, remaining undisposed of at the expiration of four years from the ratification of this agreement, shall be sold and disposed of at public auction to the highest bidder for cash, in tracts of not exceeding one hundred and sixty acres, without restriction as to the number of such tracts such highest bidder may purchase under rules and regulations to be prescribed by the Secretary of the Interior.

ARTICLE V.

It is further agreed that the proceeds received from the sale of lands, in conformity with the provisions of this agreement, shall be paid into the Treasury of the United States and paid to the Rosebud Indians or expended on their account only as provided in Articles II and III of this agreement.

ARTICLE VI.

It is understood that nothing in this agreement contained shall in any manner bund the United States to purchase any portion of the land herein described, except Sections sixteen and thirty-six, or the equivalent in each township, to be reserved for the use of the common schools of the State of South Dakota, and not exceeding one hundred and ninety-eight and sixty-seven one-hundredths acres, for one Catholic Mission and two Congregational Missions, or to dispose of said lands except as provided herein; or to guarantee to find purchasers for said lands or any portion thereof, the United States simply acting as trustee for said Indians to dispose of said lands and to expended for said Indians and pay over to them the proceeds received from the sale thereof only as received, as herein provided. And it is further understood, That in case either of said Sections sixteen and thirty-six, or parts thereof, in each township, of the land hereby ceded in said Gregory County is lost to said State of South Dakota by reason of allotments thereof to any Indian, or Indians, now holding the same, other lands, not occupied, may be located in lieu thereof within the tract hereby ceded, which shall be paid for by the United States as herein provided, in quantity equal to the loss, such selections to be made by the proper officials prior to the opening to settlement of the lands embraced in this cession.

ARTICLE VII.

It is further agreed that all persons of the Rosebud Indian Reservation, South Dakota, who have been allotted lands and who are now recognized as members of the tribe belonging on said reservation, including mixedbloods, whether their white blood comes from the paternal or maternal side, and the children born to them, shall enjoy the undisturbed and peaceable possession of their allotted lands, and shall be entitled to all the rights and privileges of the tribe enjoyed by fullblood Indians upon the reservation; and that white men heretofore lawfully intermarried into the tribe and now living with their families upon said reservation shall have the right of residence thereon, not inconsistent with existing statutes. And it is hereby provided, That the Secretary of the Interior may, in his discretion, issue patents in fee simple, and remove all restrictions as to sale, incumbrance and taxation, to such allottees of the Rosebud Reservation, South Dakota, as may be competent to manage their own affairs, and to settle with them in full, for their respective shares of all monies which they may entitled to under existing treaties or agreements with the United States, under such rules and regulations as the Secretary of the Interior may prescribe.

ARTICLE VIII.

It is understood that nothing in this agreement shall be construed to deprive the said Indians of the Rosebud Reservation, South Dakota, of any benefits to which they are entitled under existing treaties or agreements, not inconsistent with the provisions of this agreement.

ARTICLE IX.

This agreement shall take effect and be in force when signed by U.S. Indian Inspector James McLaughlin and by three-fourths of the male adult Indians parties hereto, and when accepted and ratified by the Congress of the United States.

In witness whereof the said James McLaughlin, U.S. Indian Inspector, on the part of the United States, and the male adult Indians belonging on the Rosebud Reservation, South Dakota, have hereunto set their hands and seals at Rosebud Indian Agency, South Dakota, this tenth day of August, A. D. nineteen hundred and three.

James McLaughlin,
U. S. Indian Inspector.

[Note: Signers omitted.]

We, the undersigned, hereby certify that the foregoing agreement was fully explained by us in open council to the Indians of Rosebud Agency, South Dakota; that it was fully understood by them before signing, and that the foregoing signatures, though names are similar in some cases, represent different individuals in each instance, as indicated by their respective ages.

Louis Bordeaux,
Hernor L. Wood,
Louis Roubideux,
Interpreters.

Rosebud Agency, S. Dakota,
August 27, 1903.

We, the undersigned, do hereby certify that we witnessed the signatures of James McLaughlin, United States Indian Inspector, and the 737 Indians of the Rosebud Agency, South Dakota, to the foregoing Agreement.

Frank Mullen, Agency Clerk.
Arthur E. McFatridge, Day School Inspector.
C.H. Bennett, Farmer, Cut Meat District.
Frank Robinson, Farmer, Little White River District.
Isaac P. Bettelyoun, Farmer, Butte Creek District.
Frank Sypal, Farmer, Big White River District.
Kranth H. Cressman, Teacher, Ponca Creek District.

I certify that the total number of male adult Indians over 18 years of age belonging on the Rosebud Reservation, South Dakota, is 1,377, of whom 737 have signed the foregoing agreement, being 296 less than three-fourths of the male adult Indians of the Rosebud Reservation, South Dakota.

Chas. E. W. Chesney,
U. S. Indian Agent.

Rosebud Agency, South Dakota,
August 27, 1903.