In the Senate of the United States. Letter from the Secretary of The

University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 1-16-1894 In the Senate of the United States. Letter from the Secretary of the Interior, transmitting letter from Indian Commissioner concerning treaties with Yankton and Dakota or Sioux Indians, and other papers. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indian and Aboriginal Law Commons Recommended Citation S. Exec. Doc. No. 27, 53rd Cong., 2nd Sess. (1894) This Senate Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. 53D CONGRESS,} SENATE. Ex. Doc. 2d Session. { No.27. IN THE SENATE OF THE UNITED STATES. LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING Letter from Indictn 001nmissioner concerning treaties with Yankton and Dakota or Sioitx Indicms, and other papers. JANUARY 18, 1894.-Referred to the Committee on Indian Affairs and ordered to be printed. DEPARTMENT OF THE INTERIOR, . Washington, January 16, 1894. SIR: I have the honor to submit herewith an agreement made by the commission appointed to treat with the Yankton tribe of Dakota or Sioux Indians, aud said Indians, of date December 31, 1892. This agreement, together with the report of said commission and accompanying papers, was transmitted to this Department by the Commissioner of Indian Affail's, with his letter of December 9, 1893, which letter contains a full statement of the facts in relation to said a.greement. The Commissioner of Indian Affairs also submits a draft of a bill to ratify said agreement and to carry its provisions into effect. The matter was submitted to the Commissioner of the General Land Office for his consideration of and report upon that part of the proposed bill relating to the disposition of the surplus lands. In his report he suggests certain changes, which have been incorporated in the draft herewith submitted. · I have the honor to be, very respectfully, . HOKE SMI'l'H, Secretary. The PRESIDENT UNITED STA.TES SEN.A.TE. DEPAR'l'MENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, December 9, 1893. SIR: Under date of July 8, 1893, the Acting Secretary transmitted to this office the report of the Yankton Indian Commission, dated March 31, 1893, submitting an agreement made by it with the Yankton tribe of Dakota or Sioux Indians, in South Dakota, of date December 31, 2 YANKTON A.ND DAKOTA. OR SIOUX INDIA.NS. 1892, for the cession of their surplus lands in said State, with directions that I give the matter my consideration and make report thereon to the Department. Allegations having· reached this office that fraud and undue pressure bad been used in securing this agreement, I recommended, under date of September 19, 1893, that an inspector of the Department be sent to the Yankton Reservation to investigate the manner in which the nego tiations wit.h said Indians had been conducted, and whether the agree ment represented the wishes of a majority of the tribe, and under date of September 21, 1893, you directed that the necessary instructions be prepared for the guidance of Inspector John W. Cadman iu such inves tiga,tion, which instructions were prepared and submitted to the Depart ment September 22, 1893. I am now in receipt, by reference from the Department, of Inspector· Cadman's report, dated November 13, 1893, in which he concludes that the agreement is gaining friends every day, and, so far as he finds (except possibly in one case), that no undue pressure was used or im proper methods resorted to by the commissioners or any other persons, last winter, to secure signers. The commission was appointed under the authority contained in the appropriation of $11,500, made by the act of July 13, 1892 (27 Stats., 137), "To enable the Secretary of the Interior to negotiate with any Indians for the surrender of any portions of their reservation,'' etc. By the first article of the agreement the said IndianH cede, sell, relinquish, and convey to the UnitQd States, all their claim, right, title, and interest, in and to all the unallotted lands within the limits of their reservation in South Dakota. In consideration of this cession, it is agreed by Article II that the United States will pay to the Yankton tribe of Sioux Indians the sum of 600,000, as thereinafter stipulated. By the third article it is agreed that sixty days after the ratifica tion of the agreement by Congress, or at. the time of the first interest payment, the United States will pay to the said Iudians, out of the said principal sum of $600,000, the sum of $100,000, to be divided among the members of the tribe per capita, no interest to be paid by the United States on this amount. By the second section of said Article III, it is agreed that the remainder of the said principal sum of $600,000 shall constitute a fund for the benefit of said tribe, to be placed in the Treasury of tlle United State , bearing interest at the rate of 5 per cent per annum from J anu ary 1, 1 93. By Article IV it is agreed that the fund of $500,000, shall be payable at the pleasure of the United States after twenty-five years, and that during thi time the United States may pay, if the necessities of the Indi3:ns require it, ucb part of said sum as the Secretary of the Interior may recommend, not exceeding $20,000 in any one year, inter e t to cea e on the amount so paid. ticle v provides that "Out of the interest due to the Yankton trib of Sioux Indians by the stipulations of Article III the United State may et a ide and use for the benefit of the tribe, in such man ner a the Secretary of the Interior shall determine, as follows:" For the care and maintenance of such orphans, aged, infirm, and other helple s persons of said tribe as may be unable to take care of them selve ; for chool and educational purposes for said tribe; for courts of justice and other local institutions for the benefit of the tribe, "such sum of money annually as may be necessary for these purposes, YANKTON .AND DAKOTA OR SIOUX INDIANS. 3 with the help of Congress herein stipulated, which sum sh:ill not ex ceed $6,000 in any one year: Provided, 'l:hat Congress shall appropri ate for the same purposes and during the same time, out of any money not belonging to the Yankton Indians; an amount equal to or greater than the sum set aside from the . interest due to the said Indians as ' above provided for." Section 2 of said Article v provides that when the Yankton tribe shall have received from the United States a complete title to their allotted lands, and shall have assumed all the duties and responsibili ties of citizenship, so that the fund provided for in section 1 of this article shall be no longer needed for the purposes therein stated, a11y balance on hand shall be disposed of for the benefit of the tribe as the Secretary of the Interior may deterrnhte. Article VI provides that the remainder of the interest accruing on the fund of $506,0UO shall be paid to the Yankton Indians per capita semi annually, one-half on the 30th of June and one-half on the 31st of Jan- uary iu each year. · Art-icle vu provides that upon ratification of the agreement the United States shall pay to each member of the tribe whose name is signed to the agreement, and each other male member 18 years or older at the date of the agreement, $20 in- one double eagle, struck in the year 1892, as a memorial of the agreement. If coins of said date are not in the '11reasury, another date may be substituted. This payment shall not apply upon the principal sum nor upon the interest thereof. By Article VIII it is stipulated that such part of the lands ceded as were then occupied by the United States for agency, schools, and other purposes shall be reserved from sale until no longer needed for such purposes, but that all other lands included in the cession shall, imme diately after the ratification of the agreement, be offered for sale through the proper land office, to be disposed of under the existing land 'laws of the United States to actual and bona fide settlers only. Article IX provides that during the trust period of twenty-five years such part of the lands allotted to members of the tribe as the owner thereof can not cultivate or otherwise use advantageously may be leased for one or more years at a time, such leasing to be subject to the approval of the Yankton Indian agent and with the consent of the Com missioner of Indian Affairs: Provided, That such leasing shall not in any case interfere with the cultivation of the allotted lands by the owner thereof to the full extent of his ability. The intent of this provision is to compel every owner of allotted lands to culti vate the same to the full extent of his ability to do so before he shall have the privilege of leasing any part thereof, and th,:n he shall have the right to lease on1..y such surplus of his holdings as he is wholly unable to cultivate or use advan tageously.

Load more