Executive Order: Fort Berthold Reserve

Executive Order: Fort Berthold Reserve

Fort Berthold Reserve

[Occupied by Arickaree, Grosventre, and Mandans. Area, 1,382 square miles; established by unratified agreement of September 17, 1851 and July 27, 1866. Not yet in March 3, 1891.]

September 25, 1869

Headquarters, Fort Stevenson

SIR: I have the honor to report that I have consulted the best guides and obtained all available information in addition to my own observation, as far as it was practicable, in regard to a reservation for the Arickaree, Gros Ventre, and Mandan Indians.

I had an interview with the chiefs of the three tribes, and read the communication from the Commissioner of Indian Affairs, forwarded to me from the commanding general of the department, with which they seemed much pleased. I proposed to them the following reservation, with which they seemed much pleased. I proposed to them: From a point on the Missouri River 4 miles below the Indian village (Berthold), in a northeast direction 3 miles (so as to include the wood and grazing around the village); from this point a line running so as to strike the Missouri River at the junction of Little Knife River with it; thence along the left bank of the Missouri River to the mouth of the Yellowstone River, along the south bank of the Yellowstone River to the Powder River, up the Powder River to where the Little Powder River unites with it; thence in a direct line across to starting point 4 miles below Berthold. The Indians desired that the reservation should extend to the Mouse River, but in view of a railroad passing over that country I did not accede to their wish. They seemed to comprehend my reason for not doing so, and were satisfied. I have endeavored in this proposed reservation to give them land enough to cultivate and for hunting and grazing purposes. I inclose a sketch of the proposed reservation.

Very respectfully, sir,

S. A. Wainwright, 
Captain Twenty-second Infantry, Commanding Post


April 2, 1870

Bvt. Brig. Gen. O. D. Greene
Adj. Gen. Dept. of Dakota, St. Paul, Minn.
Department of the Interior
Office of Indian Affairs
Washington, D. C.

SIR: I have the honor to transmit herewith a letter of Capt. S. A. Wainwright, Twenty-second United States Infantry, commanding post at Fort Stevenson, Dak., dated September 25 last, indorsed respectively by the commanding officer of the Department of Dakota and headquarters Military Division of the Missouri, received at the Missouri, and forwarded by the Adjutant General of the United States Army to this office, relative to settlers at or near Fort Berthold as to Arickaree, Gros Ventre, and Mandan Indians.

This has been the subject of correspondence before between Maj. Gen. W. S. Hancock, commanding Department of Dakota, and this office.

General Hancock, in a letter dated near Fort Rice, Dak., July 21, 1869, addressed to Bvt. Maj. Gen. George L. Hartsuff, assistant adjutant-general, Military Division of the Missouri (copy of which has been furnished by direction of Lieutenant-General Sheridan to this office), states that the Arickarees, Gros Ventre, and Mandan Indians, among others, complain "that whites came on their land at Berthold and cut wood for sale to steam-boats. They want this stopped. They are willing that boats should go and cut all they want, but do not want strangers to come and take their wood while they are starving; they want to cut and sell it themselves."

General Hancock further states, in the letter above referred to, that arrangements will be made for the protection and preservation and that he has instructed the commanding officer at Fort Stevenson to examine the country about Berthold and to recommend what limits should be set off for them.

By letter dated August 16 last General Hancock was informed by this office that the bill introduced at Fort Laramie, October 17, 1851, which was not ratified, but was amended by the Senate, and the stipulations as amended ratified by the Government, the following are given as the boundaries of a reservation for the Gros Ventres, Arickarees, and Mandans, viz: Commencing at the mouth of Heart River up the Missouri to the mouth of the Yellowstone River; thence up the Yellowstone to the mouth of Powder River; thence southeast to the headwaters of the Little Missouri River; thence along the Black Hills to the head of Heart River, and down said river to the place of beginning.

A subsequent treaty was concluded with these Indians at Fort Berthold July 27, 1866. This makes no provision in regard to a reservation. The Indians, parties to the same, grant the United States the right to lay out and construct roads, highways, and telegraphs through their country, and they cede to the United States "their right and title to the following lands, situated on the northeast side of the Missouri River, to wit: Beginning on the Missouri River, at the mouth of Snake River, about 30 miles below Fort Berthold; thence up Snake River in a northeast direction 25 miles; thence southwardly, parallel to the Missouri River, to a point opposite and 25 miles east of old Fort Clarke; thence west to a point on the Missouri River opposite the old Fort Clarke; thence up the Missouri River to the place of beginning."

This treaty has never been ratified, but appropriations have been made by Congress in accordance with its provisions. There are no treaty stipulations with these Indians relative to a reservation for them which have been ratified.

It is proper here to state that the reservation as proposed by Captain Wainwright is a part of the country belonging to the Arickaree, Gros Ventre, and Mandan Indians, according to the agreement of Fort Laramie, with the addition of a strip of land east of the Missouri River from Fort Berthold Indian village to the mouth of Little Knife River, as shown by the inclosed diagram; and I therefore respectfully recommend that an order of the Executive may be invoked, directing the setting apart of a reservation for said Indians as proposed.

Very respectfully, your obedient servant,

E. S. Parker, Commissioner


April 12, 1870

Hon. J. D. Cox, Secretary of the Interior
Department of the Interior
Washington D. C.

Sir: I have the honor herewith to lay before you a communication dated the 2d instant, from the Commissioner of Indian Affairs, together with the accompanying papers, reporting the selection by Captain Wainwright. Twenty-second Infantry, of a reservation for the Arickaree, Gros Ventre, and Mandan Indians, and respectfully recommend that the lands included within the boundary lines of said reserve be set apart for those Indians by Executive order, as indicated in the inclosed diagram of the same.

I have the honor to be, sir, your obedient servant,

J. D. Cox, Secretary.


April 12, 1870

The President
Washington, D. C.

Let the lands indicated in the accompanying diagram be set apart as a reservation for the Arickaree, Gros Ventre, and Mandan Indians, as recommended in the letter of Secretary of the Interior of the 12th instant. 

U. S. Grant