October 9, 1849
Articles of a treaty made and concluded at Mendota, mouth of the Minnesota river, in the Territory of Minnesota, on the ninth day of October, in the year one thousand eight hundred and forty-nine, by John Chambers, of Kentucky, and Alexander Ramsey, governor of said Territory, commissioners duly appointed by the government of the United States, of the one part, and the half-breeds of the Sioux nation of Indians, by themselves and the Honorable Henry H. Sibley, duly authorized and empowered by the said half-breeds to represent them in the negotiation and execution of the said treaty.
Whereas, by a treaty between the said United States, and the Sacs and Foxes, the Mendawakanton, Wahpacoota, Wahpeton, and Sisseston bands or tribes of the Sioux nation of Indians, the Omahas, Iowas, Ottoes and Missourias, of the other part, it was stipulated and agreed, at the request of the said Sioux bands in council, that a tract of land with the following limits, to wit: beginning at a place called the Barn, below and near the village of the Red Wing chief, and running back fifteen miles; thence on a parallel line with Lake Pepin and the Mississippi river, about thirty-two miles, to a point opposite Beef or O'Boeuf river; thence fifteen miles to the grand encampment opposite the river aforesaid, was set apart and reserved to the same half-breeds, which were permitted to occupy, holding by the same title and in the same manner as other Indian lands are held; and the government of the United States wishing to extinguish the title and claim of the said half-breeds to the said tract of land, and the said half-breeds being anxious to sell and relinquish their claim and title to said lands:—it is now stipulated and agreed by the said parties, as follows, viz:
The said half-breeds hereby cede and convey to the United States the same tract of land above described, with all their title and claim to the same.
In consideration of the said cession the United States agrees to pay to the said half-breeds, on the ratification of this treaty, the sum of two hundred thousand dollars.
The President of the United States shall appoint one or more commissioners to ascertain who are entitled to the benefits of this treaty, and to whom the money stipulated to be paid in the second article thereof is to be distributed.
In witness whereof, the said parties have hereto subscribed their names, at Mendota, this ninth day of October, in the year one thousand eight hundred and forty-nine.
HENRY H. SIBLEY,
For and on behalf of the half-breeds.
F. Labath, himself and nine children.
S. Campbell, for self and seven children.
Augustin Rock, his x mark.
P. Prescott, in behalf of ten half-breed children.
J. Wells, in behalf of wife and seven children.
H. Mooers, in behalf of wife and two children.
Alex. Faribault, and wife and seven children.
Henry Belland, his x mark, for wife and four children.
Joseph Buisson, his x mark, for wife and seven children.
Oliver Cratte, his x mark, for wife and seven children.
Oliver Faribault, for self, wife, and five children.
François Lapointe, his x mark, for wife and five children.
Charles St. Antoine, his x mark, for wife and four children.
Joseph J. Frazer, his x mark.
Thomas Provencalle, his x mark, self and two children.
Baptiste Desmarais, his x mark, for wife.
Hypolite Dupuis, for wife and four children.
Wm. Sardlaus, for eleven children, seven grandchildren.
A. Robertson, for wife and six children.
Louis Martin, his x mark, for eight children and one grandchild.
Louis Bourcier, his x mark.
Frederick Faribault, for self and wife.
A. Graham, for self and one child.
Joseph Laframboise, jr., his x mark.
Peter Felix, his x mark, for himself and six children.
Vital Boyee, his x mark, for two children.
Signed in presence of—
S. Loomis, Lieut. Col. sixth infantry.
R.G. Murphy, Indian Sub-agent.
P. Prescott, Interpreter.
JNO. S. FORMAN,
Secretary of the Commissioners.
The undersigned, half-breeds and mixed bloods of the Mendawakanton, Wahpacoota, Wahpeton, and Sisseton bands of Sioux, having joined in or agreed to the execution of a letter of attorney to Henry H. Sibley, dated the 7th day of November, A.D. 1848, and being desirous of leaving the whole question of the disposal of the half-breed tract at Lake Pepin to the United States in his hands, do by these presents confirm, ratify and allow all and singular the powers and authority granted and given to said Henry H. Sibley in said letter of attorney, now, or at any time hereafter, to make sale of the said land to the United States for such sums or sums of money as he may deem expedient and proper. And we desire our said attorney, Henry H. Sibley, whenever he shall negotiate with the government of the United States for the sale of our said lands, to cause to be specified and recognised as just claimants to the proceeds of said lands only the half and quarter-bloods of white and said Sioux bands; that is to say, all such as have not less than one-quarter of Indian blood, of said bands; it being understood, however, that the half and quarter-bloods, white, and Sioux of said bands, who were living at the time of the making of the treaty, when the cession of said land was made to the half-breeds, in 1830, and who shall have died since that period, shall have the claim or portion which they would have been entitled to if living, equitably divided among their heirs or descendants, or less than one-quarter Sioux and white blood.
Witness our hands and seals at Mendota, in the Territory of Minnesota, this eighth day of October, A.D. 1849.
Wm. Henry Forbes, for Agnes Forbes and one child.
Alexis Bailly, for Lucy Bailly.
Joseph R. Brown, for his wife and six children.
P. Prescott, for ten children.
B.W. Brisbois, for his wife Therese.
Hague Mooers, for his wife and one child.
Joseph Bisson, for his wife and six children, his x mark.
François LaPoint, for his wife and five children, his x mark.
Françoise Gamelle, for three children, his x mark.
Charles Mousseau, for one child, his x mark.
Thomas Provencall, for himself and two children, his x mark.
Charles St. Antoine, for his wife and three children, his x mark.
Scott Campbell, himself and seven children.
Collier Campbell, two children.
Nancy Bourk, one child.
A.J. Campbell, himself and two children.
Oliver Raccicott, for his wife and five children, his x mark.
Peirre Rouilliard, for three children, his x mark.
Vital Boyer, for two children, his x mark.
Andrew Godfroy, for his wife and two children, his x mark.
Wm. Laidlaus, eighteen children.
Peirre Felix, for his wife and five children, his x mark.
J. Monjean, his x mark.
H. Belland, for his wife and four children, his x mark.
Oliver Faribault and Harriet, his wife, and four children.
Frederick Faribault and Margaret, his wife.
Ursule Langevain, her x mark.
Hypolite Dupuis, for wife and four children.
Jos. Renville, and wife and four children.
Louis Martin, for eight children, his x mark.
John Mooers, for wife, himself, and one child, his x mark.
Oliver Cratte, for wife and seven children, his x mark.
John. W. Brown, for wife.
Alex. Faribault, and wife and five children.
George Faribault, alone.
Jack Frazier, his x mark.
Joseph Robbinette, for one child, his x mark.
Joseph Coursolle, his x mark.
Angellie Coursolle, her x mark.
James Wells, on behalf of wife and seven children.
Antoine Rinville and three children.
Jean Bt. Rinville.
D. Campbell, and wife and two children.
M. McLeod, for wife and three children.
Henry F. Ortely and son.
François Roi and three children.
Louis Martin, jr. and wife and one child, his x mark.
Benj. Q. Yance, for wife and child, his x mark.
Louis La Croix, for wife and two children, his x mark.
Gabriel Renville, and two children.
Louis La Bell, for three children.
Françoise Dumarce, for five children.
Levi Bird, for his son.
Augustine Rock, his x mark, and Pauline Rock.
Baptiste Rock, his x mark.
Joseph Rock, and wife and three children, his x mark.
Louis Rock, and wife and two children, his x mark.
Peter Hurtibose and three children.
H.L. Dousman, guard., three children.
Xaiver Fresnier, for self and three children.
Jos. Laframboise, jr, his x mark.
Jos. Laframboise, for his wife and three children, his x mark.
William Campbell, for himself, six brothers and sisters.
James R, Clement, for his two children.
Geo. Cournayer, for his wife and one child, his x mark.
Richd. Edward, for his wife, his x mark.
Ann Frazier, his x mark.
François Lobathe and nine children, his x mark.
Joseph R. Brower,
Secretary of the meeting.
Wm. H. Nates.
Whereas, by treaty made and concluded at Prairie du Chien on the 15th day of July, A.D. 1830, by and between the government of the United States, by and through their commissioners Willaim Clark and Willoughby Morgan, of the one part, and certain tribes of Indians, including the Medawakanton, Wahpacoota, Wahpeton, and Sisseston bands of Sioux, which said treaty was ratified the 24th day of February, A.D. 1831, the said bands of Sioux ceded to their half-breeds the tract of land within the following limits, to wit “Beginning at a place called the Barn, below and near the village of the Red Wing chief, and running back fifteen miles; thence in a parallel line with Lake Pepin and the Mississippi, about thirty-two miles to a point opposite Beef or O'Boeuf river; thence fifteen miles to the grand encampment opposite the river aforesaid:”
And whereas it is provided in the tenth article of the aforesaid treaty that the President of the United States “may hereafter assign to any of the said half-breeds, to be held by him or them in fee simple, any portion of said tract not exceeding a section of six hundred and forty acres to each individual:” Now therefore,
Know all men by these presents, That we the undersigned, mixed-blood of the said bands of Sioux Indians, have made, constituted, and appointed, and by these presents do make, constitute, and appoint Henry H. Sibley, of Mendota, in the Territory of Iowa, our true and lawful attorney for us, and in our name, place and stead, to grant, bargain, sell, make over, and convey unto the United States for such sum or sums of money as he may deem proper and expedient, all our right, title, claim, interest, and estate in and to said tract or parcel of land so above described as having been ceded with the consent of the government of the United States to the half-breeds or mixed-bloods of the said bands of Sioux, and also for us, and in our name, place, and stead, and as our proper act and deed, to sign, seal, deliver, and acknowledge all such deed or deeds, or other instruments of writing or conveyance, as may or shall be necessary for the absolute granting and assuring of the premises unto the United States, giving and granting unto our said attorney by these presents our whole and full strength, power, and authority in and about the premises to have, use, and take all lawful means and ways in our names for the purpsoes aforesaid, and generally all and every act or acts, thing or things, in the law, whatsoever, needful and necessary to be done in and about the premises for us, and in our name to do, execute, and perform as fully and amply to all intents and purposes as we might or could so if personally present, hereby ratifying and conforming all and whatsoever our said attorney shall lawfully do in the premises by virtue hereof: Provided, nevertheless, and this letter of attorney is given with the express condition, that if our said attorney shall effect a sale of the said tract or parcel of land above described, the purchase money contracted to be paid by the government of the United States shall remain in the possession of the government until the appointment of commissioners to determine the proper claimants to the same, which shall be done with as little delay as practicable after the consummation of said sale to the government, when a fair and equitable division of said purchase money shall be made by the government, or its authorized officers, among said proper claimants: And provided, also, That if our said attorney shall fail to effect a sale of the said tract or parcel of land to the government of the United States, then and in such case he is hereby further empowered and authorized at his discretion, for us and in our name, to petition the President of the United States to make division of said lands among the just claimants, as provided for in said tenth article of the treaty aforesaid.
In witness whereof, we have hereunto set our hands and seals this seventh day of November, A.D. 1848.
Signed, sealed, and delivered in the presence of—(the words "unto the United States, giving and granting unto out," in the 32d and 33d lines of the first page, being written over an erasure before execution)—
Wm. N. Forbes.
Witness: David Lambert.
Pum La Chapelle, for himself and five children.
Theophilus La Chapelle.
Wm. Mitchell, in behalf of his wife and four children.
Therese Brisbois, for herself and five children.
Ira B. Brunson, in behalf of his five children.
Ant. La Chapelle.
Joseph Godfrois, for his behalf, wife, and one child.
Pauline La Chapelle—herself and child.
Pelagie La Chapelle, for F. La Chapelle, administrator.
Bernard La Chapelle.
Archange Grignon—self and daughter.
Frederick La Chapelle.
J.B. Beauchemin, for his wife "Susan."
G. Henry Faribe.
James R. Clewet.
James X Thompson, in right of his children, Sarah and George
Thompson, and his ward Lucy Welch.
Alexis Bailly, on behalf of his wife Lucy and his children.
F. Labath, for himself and children.
Thomas Odell, on behalf of his wife Elizabeth.
Oftis Wrigt, Mary Tallaferer, my wife, Warren Woodbury.
S. Campbell, sr.
Joseph R. Brown, in behalf of his wife Susan and children.
Benj. A. Dyorme, and in behalf of wife and child.
Harry Agnes, for wife and children.
Henry Beland, for wife and four children.
Thomas Jeffress, and two children.
Charles St. Antoine, for his wife Marguerite Provencalle and four children.
James Wells, in behalf of wife and seven children.
Augustin Rock, in behalf of himself and two children.
Joseph Rock—four in family.
Lewis Rock—four in family.
Thomas Robinson and wife.
Francis La Point—six in family.
Duncan Campbell—eight in family.
Joseph Beson—eight in family.
Joseph Frayzer—one child.
Madam La Morsh.
Alexis P. Bailly.
Henry G. Bailly.
Oliver Cratt, in behalf of his family, eight in number.
Scott Campbell, jr.
A.Q. Campbell, for himself and two children.
Wm. Henry Fates, in behalf of his two children.
Gabriel Renville and child, by Joseph R. Brown.
Wenuna Crawford and children by Joseph R. Brown.
Pierre X Rouilliard, for his three children.
Louis Anger, in behalf of his six children.
Joseph Montour, for wife and four children.
P. Prescott, in behalf of three children and one apprentice,
François Chevalier, for his child Magdeline.
Alexander D. Campbell, for his three children.
Alex. Faribault, and wife and five children.
Alex. Graham, by Alex. Faribault.
Joseph Laframbois's wife and children.
Hypolite Dupuis, on behalf of his wife and four children.
Joseph Rinville, and wife and five children.
Ant. Rinville and three children.
Louis Martin, and wife and one child.
Martin McLeod, on behalf of three children and wife.
Jean Bt. Lord.