Agreement with the Yankton Sioux, 1899

ORIGINAL SIGNATORIES

SUCCESSOR IN INTEREST (TRIBES)

KEY PROVISIONS

HISTORICAL NOTES

Agreement with the Yankton Sioux, 1899

October 2, 1899

This agreement, made and entered into on the second day of October, eighteen hundred and ninety-nine, by and between United States Indian Inspector James McLaughlin, representing the United States, and the Yankton Sioux Indians, of the State of South Dakota, witnesseth:

ARTICLE I.

The said Yankton Sioux Indians, for the consideration hereinafter named, do hereby cede, surrender, grant, and convey to the United States all the right, title, and interest which they have in and to a certain tract or parcel of land situated in the county of Pipestone, State of Minnesota, reserved for the use of said Indians by the provisions of Article VIII of the treaty entered into with that tribe on April nineteenth, eighteen hundred and fifty-eight, proclaimed by the President February twenty-sixth, eighteen hundred and fifty-nine, and mentioned in Article XVI of the agreement concluded with them December thirty-first, eighteen hundred and ninety-two, and ratified by Congress August fifteenth, eighteen hundred and ninety-four, said parcel of land being indicated on the township plats of the Government legal survey, approved August fifteenth, eighteen hundred and seventy-two, by the surveyor-general for the State of Minnesota as lying in sections 1 and 2 of township 106 north, range 46 west, and sections 35 and 36 of township 107 north, range 46 west of the 5th principal meridian, containing six hundred and forty-eight and two-tenths (648.2) acres, more or less, and embracing the red pipestone quarries, famous in Indian legend and in American literature and history.

ARTICLE II.

It is hereby agreed, however, on the part of the United States that the Yankton Sioux Indians, and they alone, shall be permitted, as has been their custom for unnumbered generations, to go upon that portion of the tract of land hereby ceded upon which the pipestone quarries are situated, under such regulations and conditions as may be prescribed by the Secretary of the Interior, for the purpose of procuring and removing pipestone for their use, at such times and in such quantities as they may desire. The tract to which this privilege applies shall not exceed forty (40) acres in area, and the limits thereof shall be indicated and suitably marked under the direction of the Secretary of the Interior; and it is further agreed that when the tract of land upon which the Yankton Indians may go to procure pipestone is indicated and marked as herein provided, a delegation of five (5) Yanktons, authorized by the tribe, are to be present and concur in the selection of the tract, and the designation of the tract is not to be confined to any one legal subdivision of forty acres, unless it be determined that the best quarry of pipestone is situated within the limits of such subdivision. The Yanktons are also to be permitted to camp and graze their teams upon the designated tract while visiting the quarry for the purpose of obtaining pipestone and while engaged in procuring and removing same.

ARTICLE III.

In consideration for the tract of land ceded by the Yankton Indians, as provided in Article I of this agreement, the United States agrees to pay to and expended for said Indians the sum of one hundred thousand dollars ($100,000.00) as follows, to wit: Twenty-five thousand dollars ($25,000.00) shall be expended by the Secretary of the Interior in the purchase of stock cattle, viz: Twenty-five (25) head to be graded Durham or Hereford bulls, two (2) years old, and the remainder good two-year-old heifers of Durham and Hereford blood, to be distributed as equally as possible among the members of the Yankton tribe as soon as practicable after the ratification of this agreement. The balance of seventy-five thousand dollars ($75,000.00) shall be paid in cash pro rata, share and share alike, to each man, woman, and child belonging to said Yankton tribe, and under the jurisdiction of the Yankton Indian Agency, within ninety days from and after the date of the ratification of this agreement.

ARTICLE IV.

It is understood and agreed that the United States will not sell or otherwise dispose of the lands hereby ceded by the Yankton Indians, but that the same shall be reserved and maintained as a national park or reservation, and that the superintendent or custodian of the reservation shall be required to protect the said pipestone quarry from vandalism, and prohibit all persons other than the Yankton Sioux Indians from procuring pipestone therefrom.

ARTICLE V.

It is agreed by the parties hereto that seven (7) certain claims of said Yankton Indians, a memorandum of which of even date herewith has been handed by the Yankton committee to said James McLaughling, U.S. Indian inspector, shall be transmitted with this agreement to the Secretary of the Interior for consideration and action by the Interior Department, that such Congressional legislation may be recommended in the premises as the Secretary of the Interior may deem just and equitable.

ARTICLE VI.

This agreement shall take effect and be in force when signed by U.S. Indian Inspector James McLaughlin and by a majority of the male adult Indians, parties thereto, and when accepted and ratified by Congress.

Dated and signed at the Yankton Indian Agency, South Dakota, on this second day of October, eighteen hundred and ninety-nine.

James McLaughlin, [SEAL.]
U.S. Indian Inspector.

[Note: Signatures of Yankton Sioux signers omitted]

I hereby certify that the foregoing agreement was explained by me to the Indians, and that it was fully understood by them before signing, and that I witnessed the signatures of the Indians thereto.

William T. Selwyn, Interpreter.

Yankton Agency, S. Dak., October 7, 1899.

We hereby certify that we witnessed the signatures of Indians Inspector James McLaughlin and the two hundred and fifty-four (254) male adult Indians to the foregoing agreement.

James Brown, Agency Farmer.
Peter St. Pierre, Additional Farmer.

Yankton Agency, S. Dak., October 7, 1899.

I certify that the total number of male adult Indians over eighteen (18) years of age, belonging to the Yankton Agency, South Dakota, is four hundred and eighty (480), of whom two hundred and fifty-four (254) have signed the foregoing agreement, which constitute a majority of the male adult Indians of Yankton Agency.

John W. Harding,
United States Indian Agent.

Yankton Agency, S. Dak., October 7, 1899.

I certify that the official record of the Yankton Indian Agency, South Dakota, show four hundred and eighty (480) male adult Indians over eighteen years of age belonging to the Yankton Agency, two hundred and fifty-four (254) of whom have duly signed the foregoing agreement, being fourteen (14) more than one-half of the male adult Indians of Yankton Agency.

James McLaughlin,
United States Indian Inspector.

Yankton Agency, S. Dak., October 7, 1899.

We, the undersigned members of the Yankton Sioux tribes of Indians, belonging to Yankton Agency, S. Dak., constituting a committee of said tribe in negotiations with James McLaughlin, United States Indian inspector, for cession by us to the United States of the Pipestone Reservation, in Pipestone County, State of Minnesota, do hereby certify that the agreement entered into by us, and dated October 2, 1899, was fully understood by us, and also by the Indians who signed said agreement, and that the signatures of the Indians to said agreement were of their own free will, without intimidation, promises of future reward, or any undue influence.

F.T. Brunot.
S.S. De Fond.
John Omaha.
David Simmons.
Peter St. Pierre.
William T. Selwyn.
C.H. Bonnin,

Yankton Agency, S. Dak., October 7, 1899.

Memorandum of certain claims of the Yankton Sioux Indians prepared by their committee and handed by said committee to James McLaughlin, United States Indian inspector, for transmittal by him with his report to the Secretary of the Interior, in his negotiations with said Yanktons for cession to the United States of the pipestone quarry, in the State of Minnesota.

Claim I.—Under section 3, chapter 240 (26 Statutes, 764), the United States erected on the Pipestone Reservation, then the property of the Yankton Sioux tribe of Indians, certain buildings for school purposes, in opposition to the protests and contrary to the wishes of said Indians, which reservation the United States has unlawfully occupied ever since, and more especially since the conclusion of an agreement with the said tribe on the 31st day of December, 1892, and ratified by Congress August 15, 1894, in which agreement the said reservation is conceded to be and to have been the exclusive property in fee simple of said tribe. The said tribe, therefor, claim to have been damaged and aggrieved to the extent of twenty-five thousand dollars ($25,000).

Claim II.— Reimbursement under Article IV of the treaty proclaimed February 24, 1831, by and between the United States and the confederated tribes of Sacs and Foxes, Medawakanton, Wahpekute, Wahpeton and Sisseton bands or tribes of Sioux and others, fifteen hundred dollars ($1,500) with interest at the rate of 5 per cent per annum from said date, viz, February 24, 1831.

Claim III.—We ask for a full and thorough investigation of our claims against the hostile bands of Santees, Medawakanton, Wahpekute, Sisseton and Wahpeton for horses and cattle stolen and killed by said Santees, and for the destruction of other property during the Minnesota Indian War, and that we be indemnified for same.

Claim IV.—For ponies and horses taken from us by the military authorities in 1876, also, as provided in the provisions of Article V of a treaty proclaimed February 6, 1826, to be reimbursed by the Government of cattle and horses stole from members of our tribe by citizens of the United States.

Claim V.—That the surviving members and their heirs, who received money, annuities, etc., under various treaties with the Minnesota Sioux prior to the Santee outbreak of 1862, and are now members of the Yankton tribe under existing treaties, receive their share of money from the bands to which they formerly belonged if such annuities, which were confiscated, should be restored.

Claim VI.—We respectfully pray that hereafter all money derived from leases that shall be made by the members of the Yankton Sioux tribe of Indians to be paid to them annually in advance by the United States Indian agent upon his approval of the lease, instead of the agent being required to deposit the money in a United States depository and await Department approval of lease before we receive our lease money, as at present.

Claim VII.—We request that hereafter members of the Yankton Sioux tribe of Indians shall not be charged for material furnished or work done for them at the agency shops, maintenance of same having been guaranteed to us by the Government under our treaty of 1858.

F.T. Brunot,
S.C. De Fond,
C.H. Bonnin,
Peter St. Pierre,
W.T. Selwyn,
John Omaha,
David Simmons,
John Feather,
Yankton Indian Committee.

Yankton Agency, S. Dak., October 2, 1899.