Now, therefore, the commissioner on behalf of the United States, and the chiefs of the Tabequache, Mauche, Capote, Weeminuche, Yampa, Grand River, and Uintah confederated bands of the Ute Nation, do enter into the following agreement:

The confederated band[s] of the Ute Nation hereby relinquish to the United States the following-described portion of the reservation heretofore conveyed to them by the United States, viz: Beginning at a point on the eastern boundary of said reservation 15 miles due north of the southern boundary of the Territory of Colorado, running thence west on a line parallel to the said southern boundary to a point on said line 20 miles due east of the western boundary of Colorado Territory; thence north by a line parallel with the western boundary to a point 10 miles north of the point where said line intersects the thirty-eighth parallel of north latitude; thence east to the eastern boundary of the Ute Reservation; thence along said boundary to place of beginning: Provided, That if any part of the Uncompahgre Park shall be found to extend south of the north line of said described country, the same is not intended to be included therein, and is hereby reserved and retained as a portion of the Ute Reservation. (Art. 1.)

The United States shall permit the Ute Indians to hunt upon said land as long as game lasts and the Indians are at peace with the white people. (Art. 2.)

The United States agrees to set apart and hold as a perpetual trust for the Ute Indians a sum of money, or its equivalent, in bonds sufficient to produce the sum of $25,000 per annum, which sum shall be disbursed or invested at the discretion of the President, for the use and benefit of the Ute tribe of Indians, annually forever. (Art. 3.)

The United States agrees, as soon as the President may deem it necessary, to establish an agency at some suitable point to be selected in the southern part of the Ute Reservation. (Art. 4.)

The provisions of the treaty of 1868 not altered by this agreement shall continue in force, and the following words from Art. 2 of said treaty, viz: "The United States now solemnly agrees that no persons except those herein authorized to do so, and except such officers, agents, and employés of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, except as herein otherwise provided," are expressly reaffirmed, except so far as they apply to the country herein relinquished. (Art. 5.)

Ouray, head chief of the Ute Nation, shall receive a salary of $1,000 per annum for the term of ten years, or so long as he shall remain head chief of the Utes and at peace with the United States.1

By Executive order of November 22, 1875, it was ordered that the tract of country in the Territory of Colorado lying within the following described boundaries, viz: Commencing at the northeast corner of the present Ute Indian Reservation, as defined in the treaty of March 2, 1868, thence running north on the one hundred and seventh degree of longitude to the first standard parallel north; thence west on said first standard parallel to the boundary line between Colorado and Utah; thence south with said boundary to the northwest corner of the Ute Indian Reservation; thence east with the north boundary of the said reservation to the place of beginning, was withdrawn from sale and set apart for the use of the several tribes of Ute Indians as an addition to the present reservation in said Territory.2

By Executive order of August 17, 1876, all that portion of country in the State of Colorado lying within the following-described boundaries and forming a part of the Uncompahgre Park, viz: Commencing at the 53d mile-post on the north line of the survey of the boundaries of the Ute cession, executed by James W. Miller in 1875; thence south 4 miles; thence east 4 miles; thence north 4 miles to the said north line; thence west to the place of beginning, was withdrawn from the public domain and set apart United States Statutes at Large, Vol. XVIII, p. 36. 2 Report of Commissioner of Indian Affairs, 1882, p. 259.

as a part of the Ute Reservation, in accordance with the first article of an agreement made with said Indians and ratified by Congress, April 29. 1874.1

By Executive order of February 7, 1879, the following-described tract of country in the State of Colorado, to wit, commencing at the intersection of the thirty-seventh parallel of north latitude with the one hundred and seventh degree of west longitude; thence east along said parallel to the ridge described in Hayden's Geographical and Geological Survey of said State as the "National Divide" of the San Juan Mountains; thence following said divide in a general northerly and northwesterly direction to longitude 107° 23' west; thence due south to latitude 37° 17′ north; thence due east to the one hundred and seventh meridian of west longitude; thence south with said meridian to the place of beginning, was withdrawn from sale and settlement and set apart as a reservation for the Muache, Capote, and Weeminuche bands of Ute Indians.1

By Executive order of August 4, 1882, the lands set apart by the Executive orders of November 22, 1875, and February 7, 1879, were restored to the public domain.1 An act to accept and ratify the agreement submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State and for other purposes, and to make the necessary appropriations for carrying out the same, approved June 15, 1880.

The chiefs and head-men of the confederated bands of Utes promise and agree to procure the surrender to the United States for trial and punishment, if found guilty, members of their nation implicated in the murder of Agent Meeker, and until such apprehension or proof of the guilty parties being dead or beyond the limits of the United States the moneys hereinafter provided coming to the White River Utes, excopt such for their removal and settlement, shall not be paid.

The Utes cede to the United States all their present reservation in Colorado, except as herein provided for.

The Southern Utes shall remove to the unoccupied lands on the La Plata River or its vicinity. If there is not land enough there in Colorado, then upon lands on the La Plata River or its vicinity in New Mexico.

The Uncompahgre Utes are to remove to Grand River, near the mouth of Gunnison River, in Colorado. If there is not land enough there, then upon other unoccupied lands in that vicinity in Utah.

The White River Utes are to remove to the Uintah Reservation, in Utah.

The United States shall cause the land so set apart to be properly surveyed and divided among the said Indians in severalty, and shall issue patents in fee-simple therefor so soon as the necessary laws are passed by Congress. The land shall be inalienable and not subject to taxation for twenty-five years, and until such time thereafter as the President may see fit to remove the restriction. The land shall be allotted as follows:

To the head of a family one-fourth of a section, and grazing land not exceeding one-fourth of a section. To a single person over eighteen years of age, one-eighth of a section, and grazing land not exceeding one-eighth of a section. To an orphan child under eighteen years, one-eighth of a section, and grazing land not exceeding one-eighth of a section. All other persons under eighteen years, or born prior to said allotments, one-eighth of a section, and a like quantity of grazing laud.

The confederated bands of Utes promise not to interfere with travel upon any of the highways now open or hereafter to be opened with lawful authority upon their reservation.

The $60,000 of annuity now due and provided for, and so much more as Congress may appropriate for that purpose, shall be distributed among the Utes, and a commission shall be sent to superintend their removal and settlement. They shall be furnished with houses, wagons, agricultural implements, and stock cattle sufficient

Report of Indian Commissioner, 1882, p. 259.

for their reasonable needs, also saw and grist mills; and the money appropriated for this purpose shall be apportioned as follows: One-third to those on the La Plata River and vicinity, one-half to those on the Grand River and vicinity, and one-sixth to those on the Uintah Reservation.

In addition to annuities and sums and clothing provided for in existing treaties and laws, the United States sets apart as a perpetual trust for said Ute Indians a sum of money sufficient to produce $50,000 per annum; this whole sum to be distributed per capita to them forever: Provided, That the President may appropriate an amount not exceeding $10,000 for the education in schools of youths of both sexes, and that out of the money coming to the White River Utes the United States shall pay annually for twenty years, or so long as the parties may live, $3,500, to be divided among ten specified persons, sufferers from the White River disaster. Article 3 of the act of March, 1874, is expressly re-affirmed. This sum, together with the annuity of $50,000 herein before provided, may, at the discretion of Congress, at the end of twenty-five years be capitalized and the sum be paid to said Indians per capita in lieu of said annuities.

Until such time as the Utes are able to support themselves the United States will establish and maintain schools in the settlements of the Utes, and make all necessary provision for the education of their children.

The commissioners above mentioned shall ascertain what improvements have been made upon any part of the relinquished lands, and payment in cash shall be made to the individuals owning such improvements, upon a fair and liberal valuation of the same, and nothing in this treaty shall be so construed as to compel any Ute Indian to remove from any lands that he or she may claim in severalty.'

By act of Congress of July 28, 1882, all that portion of the Ute Indian Reservation lately occupied by the Uncompahgre and White River Utes was declared to be public land of the United States, and subject to disposal from the passage of said act. In accordance with the restrictions and limitations of section 3, act of June 15, 1880, (section 1), the boundary line to be established between land described in section 1 and that now occupied by Southern Utes (section 2).2

By act of Congress of March 1, 1883, the commission appointed under the act of Congress of June 15, 1880, known as the "Ute Commission," was abolished. And the Secretary of the Interior, with the consent of the Ute Indians, may, instead of paying to the said Indians the $50,000 in cash per capita, per agreement June 15, 1880, pay the same in stock or such other property as the Secretary and the Indians shall agree upon.3

United States Statutes at Large, Vol. XXI, pp. 199-205. 2 Regulations concerning entries on land, section 3; United States Statutes, Vol. XXII, p. 178. 3 United States Statutes, Vol. XXII, p. 449.

CHAPTER X.

INDIAN RESERVATIONS OF DAKOTA TERRITORY.

The Territory covered by Dakota was a part of the Louisiana purchase of 1803. In 1804 the recently acquired province was divided into two parts, that south of the thirty-third degree, north latitude, being called Orleans, and the residue bearing the name of Louisiana. 2 In 1812 the name of the Territory was changed to Missouri.3 The State of that name was cut off in 1820. In 1836 that portion of Dakota which lies east of the White Earth and Missouri Rivers was included in the Ter ritory of Wisconsin; 5 in 1838 it was transferred to the Territory of Iowa, and to Minnesota Territory in 1849; the eastern boundary was finally settled in 1857, when Minnesota became a State. That portion of Dakota lying west of the Missouri and White Earth Rivers was in 1854 made a part of Nebraska Territory. In 1862, when the Territory of Dakota was organized, its western limits were fixed on the summit of the Rocky Mountains, the boundary line of what was then Washington Territory.10 The organization of Idaho Territory in 1863 defined the present western line of Dakota to be the twenty-seventh degree of longitude west of Washington."1

The act of March 2, 1863, organizing the Territory of Dakota, containing the proviso is given in another part of this work.

The tribes living within Dakota at the time when its present limits were fixed, were the same as those living therein to-day, viz: the Arickarees, Chippewas, Dakota or Sioux, Gros Ventres, and Mandans.

The Arickarees, Gros Ventres, and Mandans inhabit the Upper Mis souri, and the Yellowstone near its mouth; their territory is defined in the treaty of 1851, made at Fort Laramie. Neither this treaty nor the agreement of 1866 were ever ratified by Congress. Article 10 of the agreement is noteworthy as to the duty imposed upon the Indians, and the corresponding obligation not yet assumed by the Government, and also article 1 of the addenda.

The Chippewas inhabit the region in the vicinity of the Turtle Mountains. They have never ceded their country or received compensation for the 9,000,000 acres thrown open to settlement in 1882.

United States Statutes at Large, Vol. II, p. 245. 2 Ibid., p. 283. 5 Ibid., Vol. V, p. 10.

p. 743.

4 lbid., Vol. III, pp. 545, 645.

3 Ibid., 6 Ibid., p. 235. Ibid., Vol. IV, p. 403. 8 Ibid., Vol. XI, p. 166. 9 Ibid., Vol. X, p. 277. 10 Ibid.. Vol. XII, p. 239.

11 Ibid., p. 803.

The Dakota or Sioux Indians formerly occupied lands extending east to the Mississippi and beyond. (See article 2 and article 5 of treaty August 19, 1825.) Their lands east of the Red River and Lake Traverse with the exception of a few small reservations were ceded prior to 1860. Owing to the hostilities of 1862 all previous treaties were abrogated, and in 1863 the Sioux were removed "beyond the limits of any State." During 1865 and 1866, treaties of peace were made and reservations established. In 1868 they ceded all their claims to lands except the tract then set apart for their use. (See article 2.) In 1876 they ceded their hunting privileges outside their reservation and also the Black Hills: The Sioux have received for their ceded lands, in round numbers, as follows: For the territory embraced in Minnesota and Iowa, $2,000,000; for their claims in Dakota, about $40,000,000, making a total of $42,000,000, exclusive of agency expenses and the cost of wars connected with the taking of the Black Hills.

The various tribes are gathered upon nine reservations, having a total area of 26,847,105 acres.

The number of Indians in Dakota under agency control is 30,651; not under agencies, 400. Total Indian population, 31,051. These statistics are for 1884.

Agencies: Cheyenne River, having in charge a portion of Sioux Reservation; Crow Creek and Lower Broulé Agencies, a portion of Sioux Reservation, and old Winnebago; Devil's Lake Agency, Devil's Lake Reservation, and Turtle Mountain Reservation; Fort Berthold Agency, Fort Berthold Reservation; Pine Ridge Agency, a portion of Sioux Reservation; Rose Bud Agency, a portion of Sioux Reservation; Sisseton Agency, Lake Traverse Reservation; Standing Rock Agency, a portion of Sioux Reservation; Yankton Agency, Yankton Reservation.

FORT BERTHOLD AGENCY.1

[Post-office address: Fort Berthold Agency, Stevens County, Dak.]

FORT BERTHOLD RESERVATION.

How established.-Unratified agreement of September 17, 1851, and July 27, 1866; Executive orders, April 12, 1870, and July 13, 1880. Area and survey.-Contains 2,912,000 acres, of which 50,000 are classed as tillable. Not surveyed.

Acres cultivated.-The Indians have under cultivation 1,300 acres.3 Tribes and population.—The tribes living here are the Arickaree, Gros Ventre, and Mandan. Total population was 1,322 in 1886.* Location. The topographical and other characteristics of the reservation have been thus described:

Fort Berthold is located on the right bank of the Missouri River. The "lower agency," containing the houses of the employés, office, tool house, carpenter 1 In the following pages the agencies are not arranged alphabetically, as it is more convenient for reference to the treaties to group the Sioux tribes together. 2 Report of Indian Commissioner, 1884, p. 306. 3 Ibid., 1886, p. 426. 4 Ibid., 1886, p. 396.

3