History and Opinion
By Phil Roberts
PRIMARY DOCUMENTS FOR CHAPTER 3
Extracts from Capt. Howard Stansbury, report to Col. John James Abert, Chief, Corps of Topographical Engineers, March 10, 1852, and submitted to the U. S. Senate on April 19, 1852.
Capt. Stansbury received orders on April 11, 1849, from the Department of War, to explore possible routes to and from the Great Salt Lake. During the summer and early fall of 1849, he traveled west with 18 soldiers, five wagons, and 46 horses and mules. His westward trip followed the already well-used Oregon Trail. In fact, a civilian party of six people, led by "Mr. Sackett," traveling with a wagon and a carriage and with 15 animals, went with the Stansbury party all the way to Salt Lake. On his return trip, Stansbury explored a new route that the transcontinental railroad roughly followed almost two decades later. Some of his recommendations influenced choosing the route for a railroad, including the reports on the presence of coal in what is now southwestern Wyoming. Early in the report made to Congress three years after his trip, Stansbury acknowledged help from Lt. J. W. Gunnison, of the Corps of Topographical Engineers. "To high professional skill, he added energy, judgment, and an untiring devotion to the interests of the expedition, which very materially contributed to its success." (introduction, p. 6). At least one woman traveled with the Sackett-Stansbury group. Stansbury wrote: "We thereby secured the society of an excellent and intelligent lady, who not only, by her cheerfulness and vivacity, beguiled the tedium of many a monotonous and wearisome hour, but, by her fortitude and patience endurance of exposure and fatigue, set an example worthy the imitation of many of the ruder sex." (p. 14)
"[A]lthough the route taken by the party has been travelled by thousands of people, both before and since we passed over it, I have thought that some brief extracts from the daily journals of the expedition might not be without interest; for, although noting very new may perhaps be elicited, still it is not improbably that they will convey, to such as peruse them, a more correct idea of what the thousands have had to encounter who have braved this long journey in search either of a new home in Oregon, or of that more alluring object--the glittering treasure of California...." (p. 25)
"Before leaving Salt Lake Valley, it had been determined not to return by the beaten track, but to endeavor to ascertain the practicability of some more direct route than that now travelled to the waters of the Atlantic. If it should prove to be practicable to carry a road across the north fork of the Platte, near the Medicine Bow Butte and, skirting the southern limit of the Laramie Plains, to cross the Black Hills in the vicinity of the heads of Lodge-pole Creek, and to descend that stream to its junction with the South Fork of the Platte, nearly a straight line would thus be accomplished from Fort Bridger, and the detour through the South Pass and valley of the Sweetwater as has all the ruggedness of the Black Hills, upon that line, be entirely avoided. The country through which the proposed line would pass was represented as entirely practicable and as affording every probability of success...." (p. 229)
"At a point thirteen miles from the mouth of Bitter Creek, we found a bed of bituminous coal cropping out of the north bluff of the valley, with every indication of its being quite abundant. For the first seven or eight miles after entering the valley, the formation was similar to that of Rabbit Hollow and Green River, and the strata horizontal; they then began to dip gradually to the west and north-west, until at this point, the elevation had reached 30 degrees. The coal was of the same character as found on Sulphur Creek, near the crossing of Bear River, alternated in beds of various thickness, form a few inches to several feet, with yellowish and light-gray sandstones. Major Bridger informed me that, about a mile from the mouth of the creek, a large bed existed, which, from his description, resembled lignite, but which, owing to other occupations, I had passed without observing. One of the men reported to me that he had noticed it, and had seen a piece of coal lying in the bed of the creek as long and as thick as a man's body. This had apparently fallen from an outcrop in the south bank, which was about four feet in thickness. Major Bridger also stated that a similar bed is to be found to the south of the mouth of Black's Fork, that he had used it for years, and that it burned freely, with a clear, white blaze, leaving little residuum, except a small white ash. ..."(Entry for Sept. 14, p. 234).
"Having now brought our reconnoissance for a new route from the waters of the Pacific to a point where its results can be at least approximately ascertained, it is very gratifying to be able to state that these results are, in a high degree, satisfactory; more so, indeed, than I had anticipated.
It has been ascertained that a practicable route exists through the chain of the Rocky Mountains, at a point 60 miles south of that now generally pursued, and in a course as much more direct as the chord of an arc is than the arc itself.
"A glance at the map, and a little attention to the table of latitudes, will show that from Great Salt Lake City to the head of Lodge-pole Creek, a distance of 484 miles, the difference of latitude is but 35' 42"; and that while the greatest northing made by the proposed line is but little more than 20' north of Lodge-pole Creek, the greatest deviation to the south is but little more than three miles; so that the entire route through that long distance varies but a trifle from a straight line. When extended to the junction of Lodge-pole with the South Fork of the Platte, it will appear to be the chord of an arc formed by the present course of emigration.
"The distance from Fort Bridger to Fort Laramie, by the present route, is 408 miles; while, by the new route from Fort Bridger to the eastern base of the Black Hills, (a point equidistant with Laramie from the forks of the Platte,) it is but 347 miles; so that a saving is effected, in the total distance, of just 61 miles. It must be kept in mind, too, that the distance thus ascertained was measured by an odometer, following all the undulations of the natural surface, in the course of a very rapid reconnoissance, without any minute knowledge of the localities, or any endeavor whatever to make even an approximate location for a road. When these localities come to be minutely examined, and the comparative advantages of different courses ascertained and duly weighed, there can be no doubt that even this large saving in distance may be still further increased, by shortening the route wherever it shall be found practicable.
"The examination of the country proved it [to] be more favourable than we had at first supposed. For even after so successfully crossing the summit dividing the Pacific from the Atlantic waters, serious fears were still entertained lest some formidable, if not insurmountable obstruction, should be encountered in the character of the ridge of the Black Hills, intervening as it does between the Laramie Plains on the west and the great slope to the Atlantic that commences at their eastern base. All apprehensions on this head were, however, set entirely at rest by the reconnoissance, whic fully demonstrated the existence of a route through these hills, not only practicable, but free from an obstructions involving in their removal great or unusual expenditure." (p. 261)
Document 2: Fort Laramie Treaty of 1851
As incidents between travelers and Native people increased in frequency and severity, the U. S. Government sought to placate Native people by negotiating treaties. In the summer of 1851, almost 10,000 Indians camped downriver from Fort Laramie while their leaders met with U. S. government treaty commissioners. The result was the first Fort Laramie treaty, known as the Fort Laramie Treaty of 1851.
In it, the federal government agreed to restrict travel across Native lands to the existing trails, only constructing forts along them for the convenience of travelers. In return, Native people agreed not to harm the travelers. Further, the government treaty-makers insisted that Native people select chiefs with whom the government could deal, even though some tribes had no traditions for such authority in a single leader. The government also expected the tribes to honor tribal boundary lines—the Shoshones, to stay in what is now western Wyoming, the Lakota to restrict their hunting to north of the North Platte River and east of the Powder River; the Crow, to stay west of the Powder River; and the Arapahoes and Cheyenne to stay south and east of the North Platte River. Such land borders were not part of Native understanding.. In exchange for honoring the terms of the treaty, the Federal government offered to pay the tribes annuities in the form of goods valued at $50,000 annually for 50 years. (Later, the Senate unilaterally changed the term to $50,000 per year for just 10 years).
FORT LARAMIE TREATY OF 1851
Articles of a treaty made and concluded at Fort Laramie, in the Indian Territory, between D. D. Mitchell, superintendent of Indian affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, headmen, and braves of the following Indian nations, residing south of the Missouri River, east of the Rocky Mountains, and north of the lines of Texas and New Mexico viz, the Sioux or Dahcotahs, Cheyennes, Arrapahoes, Crows, Assinaboines, Gros-Ventre Mandans, and Arrickaras, parties of the second part, on the seventeenth day of September, A. D. one thousand eight hundred and fifty-one.
ARTICLE 1. The aforesaid nations, parties to this treaty, having assembled for the purpose of establishing and confirming peaceful relations amongst themselves, do hereby covenant and agree to abstain in future from all hostilities whatever against each other, to maintain good faith and friendship in all their mutual intercourse, and to make an effective and lasting peace.
ARTICLE 2. The aforesaid nations do hereby recognize the right of the United States Government to establish roads, military and other posts, within their respective territories.
ARTICLE 3. In consideration of the rights and privileges acknowledged in the preceding article, the United States bind themselves to protect the aforesaid Indian nations against the commission of all depredations by the people of the said United States, after the ratification of this treaty.
ARTICLE 4. The aforesaid Indian nations do hereby agree and bind themselves to make restitution or satisfaction for any wrongs committed, after the ratification of this treaty, by any band or individual of their people, on the people of the United States, whilst lawfully residing in or passing through their respective territories.
ARTICLE 5. The aforesaid Indian nations do hereby recognize and acknowledge the following tracts of country, included within the metes and boundaries hereinafter designated, as their respective territories, viz:
The territory of the Sioux or Dahcotah Nation, commencing the mouth of the White Earth River, on the Missouri River; thence in a southwesterly direction to the forks of the Platte River, thence up the north fork of the Platte River to a point known as the Red Bute, or where the road leaves the river; thence along the range of mountains known as the Black Hills, to the head-waters of Heart River; thence down Heart River to its mouth; and thence down the Missouri River to the place of beginning.
The territory of the Gros Ventre, Mandans, and Arrickaras Nations, commencing at the mouth of Heart River; thence up the Missouri River to the mouth of the Yellowstone River; thence up the Yellowstone River to the mouth of Powder River in a southeasterly direction, to the head-waters of the Little Missouri River; thence along the Black Hills to the head of Heart River, and thence down Heart River to the place of beginning.
The territory of the Assinaboin Nation, commencing at the mouth of Yellowstone River; thence up the Missouri River to the mouth of the Muscle-shell River; thence from the mouth of the Muscle-shell River in a southeasterly direction until it strikes the head-waters of Big Dry Creek: thence down that creek to where it empties into the Yellowstone River, nearly opposite the mouth of Powder River, and thence down the Yellowstone River to the place of beginning.
The territory of the Blackfoot Nation, commencing at the mouth of Muscle-shell River; thence up the Missouri River to its source; thence along the main range of the Rocky Mountains, in a southerly direction, to the head-waters of the northern source of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-five Yard Creek; thence across to the headwaters of the Muscle-shell River, and thence down the Muscle-shell River to the place of beginning.
The territory of the Crow Nation, commencing at the mouth of Powder River on the Yellowstone; thence up Powder River to its source; thence along the main range of the Black Hills and Wind River Mountains to the head-waters of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-five Yard Creek; thence to the head waters of the Muscle-shell River; thence down the Muscle-shell River to its mouth; thence to the head-waters of Big Dry Creek, and thence to its mouth.
The territory of the Cheyennes and Arrapahoes, commencing at the Red Bute, or the place where the road leaves the north fork of the Platte River; thence up the north fork of the Platte River to its source; thence along the main range of the Rocky Mountains to the head-waters of the Arkansas River; thence down the Arkansas River to the crossing of the Santa Fe road; thence in a northwesterly direction to the forks of the Platte River, and thence up the Platte River to the place of beginning.
It is, however, understood that, in making this recognition and acknowledgement, the aforesaid Indian nations do not hereby abandon or prejudice tiny rights or claims they may have to other lands; and further, that they do not surrender the privilege of hunting, fishing, or passing over any of the tracts of country heretofore described.
ARTICLE 6. The parties to the second part of this treaty having selected principals or head-chiefs for their respective nations, through whom all national business will hereafter be conducted, do hereby bind themselves to sustain said chiefs and their successors during good behavior.
ARTICLE 7. In consideration of the treaty stipulations, and for the damages which have or may occur by reason thereof to the Indian nations, parties hereto, and for their maintenance and the improvement of their moral and social customs, the United States bind themselves to deliver to the said Indian nations the sum of fifty thousand dollars per annum for the term of ten years, with the right to continue the same at the discretion of the President of the United States for a period not exceeding five years thereafter, in provisions, merchandise, domestic animals, and agricultural implements, in such proportions as may be deemed best adapted to their condition by the President of the United States, to be distributed in proportion to the population of the aforesaid Indian nations.
ARTICLE 8. It is understood and agreed that should any of the Indian nations, parties to this treaty, violate any of the provisions thereof, the United States may withhold the whole or a portion of the annuities mentioned in the preceding article from the nation so offending, until in the opinion of the President of the US, proper satisfaction shall have been made.
In testimony whereof the said D. D. Mitchell and Thomas Fitzpatrick commissioners as aforesaid, and the chiefs, headmen, and braves, parties hereto, have set their hands and affixed their marks, on the day and at the place first above written.
D. D. Mitchell, Thomas Fitzpatrick
In the presence of
A. B. Chambers, secretary.
S. Cooper, colonel, U. S. Army.
R. H. Chilton, captain, First Drags.
Thos Duncan, capt., Mounted Riflemen.
Thos. G. Rhett, brevet captain R. M. R.
W. L. Elliott, first lieutenant R. M. R.
C. Campbell, interpreter for Sioux.
John S. Smith, interpreter for Cheyennes.
Robert Meldrum, interpreter for Crows.
Mandans and Gros Ventres:
H. Culbertson, interpreter for Assiniboines and Gros Ventres.
Francois L’Etalie, interpreter for Arickarees.
John Pizelle, interpreter for Arrapahoes.
B. Gratz Brown.
Edmond F. Chouteau.
Source: "Fort Laramie Treaty of 1851." In Indian Treaties, 1778–1883. Compiled by Charles J. Kappler. Washington, DC: 1904, pp. 594–596
Document 3: Fort Laramie Treaty of 1868
ARTICLES OF A TREATY
MADE AND CONCLUDED BY AND BETWEEN
Lieutenant General William T. Sherman, General William S. Harney, General Alfred H. Terry, General O. O. Augur, J. B. Henderson, Nathaniel G. Taylor, John G. Sanborn, and Samuel F. Tappan, duly appointed commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises.
From this day forward all war between the parties to this agreement shall for ever cease. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to maintain it.
If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person or property of nay one, white, black, or Indian, subject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, upon proof made to their agent, and notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws, and, in case they willfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities, or other moneys due or to become due to them under this or other treaties made with the United States; and the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper, but no one sustaining loss while violating the provisions of this treaty, or the laws of the United States, shall be reimbursed therefor.
The United States agrees that the following district of country, to wit, viz: commencing on the east bank of the Missouri river where the 46th parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of the State of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the 104th degree of longitude west from Greenwich, thence north on said meridian to a point where the 46th parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existing reservations of the east back of said river, shall be and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons, except those herein designated and authorized so to do, and except such officers, agents, and employees 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, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided.
If it should appear from actual survey or other satisfactory examination of said tract of
land that it contains less than 160 acres of tillable land for each person who, at the time, may be authorized to reside on it under the provisions of this treaty, and a very considerable number of such persons hsall be disposed to comence cultivating the soil as farmers, the United States agrees to set apart, for the use of said Indians, as herein provided, such additional quantity of arable land, adjoining to said reservation, or as near to the same as it can be obtained, as may be required to provide the necessary amount.
The United States agrees, at its own proper expense, to construct, at some place on the Missouri river, near the centre of said reservation where timber and water may be convenient, the following buildings, to wit, a warehouse, a store-room for the use of the agent in storing goods belonging to the Indians, to cost not less than $2,500; an agency building, for the residence of the agent, to cost not exceeding $3,000; a residence for the physician, to cost not more than $3,000; and five other buildings, for a carpenter, farmer, blacksmith, miller, and engineer-each to cost not exceeding $2,000; also, a school-house, or mission building, so soon as a sufficient number of children can be induced by the agent to attend school, which shall not cost exceeding $5,000.
The United States agrees further to cause to be erected on said reservation, near the other buildings herein authorized, a good steam circular saw-mill, with a grist-mill and shingle machine attached to the same, to cost not exceeding $8,000.
The United States agrees that the agent for said Indians shall in the future make his home at the agency building; that he shall reside among them, and keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint by and against the Indians as may be presented for investigation under the provisions of their treaty stipulations, as also for the faithful discharge of other duties enjoined on him by law. In all cases of depredation on person or property he shall cause the evidence to be taken in writing and forwarded, together with his findings, to the Commissioner of Indian Affairs, whose decision, subject to the revision of the Secretary of the Interior, shall be binding on the parties to this treaty.
If any individual belonging to said tribes of Indians, or legally incorporated with them, being the head of a family, shall desire to commence farming, he shall have the privilege to select, in the presence and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding three hundred and twenty acres in extent, which tract, when so selected, certified, and recorded in the "Land Book" as herein directed, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not being the head of a family, may in like manner select and cause to be certified to him or her, for purposes of cultivation, a quantity of land, not exceeding eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate, containing a description thereof and the name of the person selecting it, with a certificate endorsed thereon that the same has been recorded, shall be delivered to the party entitled to it, by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the "Sioux Land Book."
The President may, at any time, order a survey of the reservation, and, when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation and descent of property between the Indians and their descendants as may be thought proper. And it is further stipulated that any male Indians over eighteen years of age, of any band or tribe that is or shall hereafter become a party to this treaty, who now is or who shall hereafter become a resident or occupant of any reservation or territory not included in the tract of country designated and described in this treaty for the permanent home of the Indians, which is not mineral land, nor reserved by the United States for special purposes other than Indian occupation, and who shall have made improvements thereon of the value of two hundred dollars or more, and continuously occupied the same as a homestead for the term of three years, shall be entitled to receive from the United States a patent for one hundred and sixty acres of land including his said improvements, the same to be in the form of the legal subdivisions of the surveys of the public lands. Upon application in writing, sustained by the proof of two disinterested witnesses, made to the register of the local land office when the land sought to be entered is within a land district, and when the tract sought to be entered is not in any land district, then upon said application and proof being made to the Commissioner of the General Land Office, and the right of such Indian or Indians to enter such tract or tracts of land shall accrue and be perfect from the date of his first improvements thereon, and shall continue as long as be continues his residence and improvements and no longer. And any Indian or Indians receiving a patent for land under the foregoing provisions shall thereby and from thenceforth become and be a citizen of the United States and be entitled to all the privileges and immunities of such citizens, and shall, at the same time, retain all his rights to benefits accruing to Indians under this treaty.
In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as are or may be settled on said agricultural reservations, and they, therefore, pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school, and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that for every thirty children between said ages, who can be induced or compelled to attend school, a house shall be provided, and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than twenty years.
When the head of a family or lodge shall have selected lands and received his certificate as above directed, and the agent shall be satisfied that he intends in good faith to commence cultivating the soil for a living, he shall be entitled to receive seeds and agricultural implements for the first year, not exceeding in value one hundred dollars, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seeds and implements as aforesaid, not exceeding in value twenty-five dollars. And it is further stipulated that such persons as commence farming shall receive instruction from the farmer herein provided for, and whenever more than one hundred persons shall enter upon the cultivation of the soil, a second blacksmith shall be provided, with such iron, steel, and other material as may be needed.
At any time after ten years fro the making of this treaty, the United States shall have the privilege of withdrawing the physician, farmer, blacksmith, carpenter, engineer, and miller herein provided for, but in case of such withdrawal, an additional sum thereafter of ten thousand dollars per annum shall be devoted to the education of said Indians, and the Commissioner of Indian Affairs shall, upon careful inquiry into their condition, make such rules and regulations for the expenditure of said sums as will best promote the education and moral improvement of said tribes.
In lieu of all sums of money or other annuities provided to be paid to the Indians herein
named under any treaty or treaties heretofore made, the United States agrees to deliver at the agency house on the reservation herein named, on or before the first day of August of each year, for thirty years, the following articles, to wit:
For each male person over 14 years of age, a suit of good substantial woollen clothing, consisting of coat, pantaloons, flannel shirt, hat, and a pair of home-made socks.
For each female over 12 years of age, a flannel shirt, or the goods necessary to make it, a pair of woollen hose, 12 yards of calico, and 12 yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as may be needed to make each a suit as aforesaid, together with a pair of woollen hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate properly for the articles herein named, it shall be the duty of the agent each year to forward to him a full and exact census of the Indians, on which the estimate from year to year can be based.
And in addition to the clothing herein named, the sum of $10 for each person entitled to the beneficial effects of this treaty shall be annually appropriated for a period of 30 years, while such persons roam and hunt, and $20 for each person who engages in farming, to be used by the Secretary of the Interior in the purchase of such articles as from time to time the condition and necessities of the Indians may indicate to be proper. And if within the 30 years, at any time, it shall appear that the amount of money needed for clothing, under this article, can be appropriated to better uses for the Indians named herein, Congress may, by law, change the appropriation to other purposes, but in no event shall the amount of the appropriation be withdrawn or discontinued for the period named. And the President shall annually detail an officer of the army to be present and attest the delivery of all the goods herein named, to the Indians, and he shall inspect and report on the quantity and quality of the goods and the manner of their delivery. And it is hereby expressly stipulated that each Indian over the age of four years, who shall have removed to and settled permanently upon said reservation, one pound of meat and one pound of flour per day, provided the Indians cannot furnish their own subsistence at an earlier date. And it is further stipulated that the United States will furnish and deliver to each lodge of Indians or family of persons legally incorporated with the, who shall remove to the reservation herein described and commence farming, one good American cow, and one good well-broken pair of American oxen within 60 days after such lodge or family shall have so settled upon said reservation.
In consideration of the advantages and benefits conferred by this treaty and the many pledges of friendship by the United States, the tribes who are parties to this agreement hereby stipulate that they will relinquish all right to occupy permanently the territory outside their reservations as herein defined, but yet reserve the right to hunt on any lands north of North Platte, and on the Republican Fork of the Smoky Hill river, so long as the buffalo may range thereon in such numbers as to justify the chase. And they, the said Indians, further expressly agree:
1st. That they will withdraw all opposition to the construction of the railroads now being built on the plains.
2d. That they will permit the peaceful construction of any railroad not passing over their reservation as herein defined.
3d. That they will not attack any persons at home, or travelling, nor molest or disturb any wagon trains, coaches, mules, or cattle belonging to the people of the United States, or to persons friendly therewith.
4th. They will never capture, or carry off from the settlements, white women or children.
5th. They will never kill or scalp white men, nor attempt to do them harm.
6th. They withdraw all pretence of opposition to the construction of the railroad now being built along the Platte river and westward to the Pacific ocean, and they will not in future object to the construction of railroads, wagon roads, mail stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the government will pay the tribe whatever amount of damage may be assessed by three disinterested commissioners to be appointed by the President for that purpose, one of the said commissioners to be a chief or headman of the tribe.
7th. They agree to withdraw all opposition to the military posts or roads now established south of the North Platte river, or that may be established, not in violation of treaties heretofore made or hereafter to be made with any of the Indian tribes.
No treaty for the cession of any portion or part of the reservation herein described which may be held in common, shall be of any validity or force as against the said Indians unless executed and signed by at least three-fourths of all the adult male Indians occupying or interested in the same, and no cession by the tribe shall be understood or construed in such manner as to deprive, without his consent, any individual member of the tribe of his rights to any tract of land selected by him as provided in Article VI of this treaty.
The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons.
It is agreed that the sum of five hundred dollars annually for three years from date shall be expended in presents to the ten persons of said tribe who in the judgment of the agent may grow the most valuable crops for the respective year.
The Indians herein named agree that when the agency house and other buildings shall be constructed on the reservation named, they will regard said reservation their permanent home, and they will make no permanent settlement elsewhere; but they shall have the right, subject to conditions and modifications of this treaty, to hunt, as stipulated in Art. XI hereof.
The United States hereby agrees and stipulates that the country north of the North Platte river and east of the summits of the Big Horn mountains shall be held and considered to be unceded. Indian territory, and also stipulates and agrees that no white person or persons shall be permitted to settle upon or occupy any portion of the same; or without the consent of the Indians, first had and obtained, to pass through the same; and it is further agreed by the United States, that within ninety days after the conclusion of peace with all the bands of the Sioux nation, the military posts now established in the territory in this article named shall be abandoned, and that the road leading to them and by them to the settlements in the Territory of Montana shall be closed.
It is hereby expressly understood and agreed by and between the respective parties to this treaty that the execution of this treaty and its ratification by the United States Senate shall have the effect, and shall be construed as abrogating and annulling all treaties and agreements heretofore entered into between the respective parties hereto, so far as such treaties and agreements obligate the United States to furnish and provide money, clothing, or other articles of property to such Indians and bands of Indians as become parties to this treaty, but no further.
In testimony of all which, we, the said commissioners, and we, the chiefs and headmen of the Brule band of the Sioux nation, have hereunto set our hands and seals at Fort Laramie, Dakota Territory, this 29th day of April, in the year 1868.
N. G. TAYLOR,, W. T. SHERMAN, Lieutenant General, WM. S. HARNEY, Brevet Major General U.S.A., JOHN B. SANBORN,
S. F. TAPPAN, C. C. AUGUR, Brevet Major General, ALFRED H. TERRY, Brevet Major General U.S.A.
Attest: A. S. H. WHITE, Secretary.
Executed on the part of the Brule band of Sioux by the chiefs and headman whose names are hereto annexed, they being thereunto duly authorized, at Fort Laramie, D. T., the twenty-ninth day of April, in the year A. D. 1868.
MA-ZA-PON-KASKA, his X mark, Iron Shell, WAH-PAT-SHAH, his X mark, Red Leaf, HAH-SAH-PAH, his X mark, Black Horn, ZIN-TAH-GAH-LAT-WAH, his X mark, Spotted Tail, ZIN-TAH-GKAH, his X mark, White Tail, ME-WAH-TAH-NE-HO-SKAH, his X mark, Tall Man, SHE-CHA-CHAT-KAH, his X mark, Bad Left Hand, NO-MAH-NO-PAH, his X mark, Two and Two.
TAH-TONKA-SKAH, White Bull.
CON-RA-WASHTA,, Pretty Coon.
HA-CAH-CAH-SHE-CHAH, Bad Elk.
WA-HA-KA-ZAH-ISH-TAH, Eye Lance.
MA-TO-HA-KE-TAH, Bear that looks behind.
BELLA-TONKA-TONKA, Big Partisan.
MAH-TO-HO-HONKA, Swift Bear.
TO-WIS-NE, Cold Place.
ISH-TAH-SKAH, White Eye.
MA-TA-LOO-ZAH, Fast Bear.
AS-HAH-HAH-NAH-SHE, Standing Elk.
CAN-TE-TE-KI-YA,The Brave Heart.
SHUNKA-SHATON, Day Hawk.
TATANKA-WAKON,, Sacred Bull.
MAPIA SHATON, Hawk Cloud.
MA-SHA-A-OW, Stands and Comes.
Attest: ASHTON S. H. WHITE, Secretary of Commission, GEORGE B. WITHS, Phonographer to Commission, GEO. H. HOLTZMAN, JOHN D. HOWLAND, JAMES C. O’CONNOR
CHAR. E. GUERN, Interpreter.
LEON T. PALLARDY, Interpreter.
NICHOLAS JANIS, Interpreter.
Executed on the part of the Ogallalla band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized, at Fort Laramie, the 25th day of May, in the year A. D. 1868.
SHA-TON-SKAH, White Hawk.
SHA-TON-SAPAH, Black Hawk.
EGA-MON-TON-KA-SAPAH, Black Tiger
OH-WAH-SHE-CHA, Bad Wound.
WAH-NON SAH-CHE-GEH, Ghost Heart.
OH-HE-TE-KAH, The Brave.
TAH-TON-KAH-HE-YO-TA-KAH, Sitting Bull.
SHON-KA-OH-WAH-MEN-YE, Whirlwind Dog.
HA-KAH-KAH-TAH-MIECH, Poor Elk.
WAM-BU-LEE-WAH-KON,, Medicine Eagle.
CHON-GAH-MA-HE-TO-HANS-KA, High Wolf.
WAH-SECHUN-TA-SHUN-KAH, American Horse.
MAH-KAH-MAH-HA-MAK-NEAR, Man that walks under the ground.
MAH-TO-TOW-PAH, Four Bears.
MA-TO-WEE-SHA-KTA, One that kills the bear.
OH-TAH-KEE-TOKA-WEE-CHAKTA, One that kills in a hard place.
TAH-TON-KAH-TA-MIECH, The Poor Bull.
OH-HUNS-EE-GA-NON-SKEN, Mad Shade.
SHAH-TON-OH-NAH-OM-MINNE-NE-OH-MINNE, Whirling hawk.
MAH-TO-CHUN-KA-OH, Bear’s Back.
CHE-TON-WEE-KOH, Fool Hawk.
EH-TON-KAH, Big Mouth.
MA-PAH-CHE-TAH, Bad Hand.
WAH-KE-YUN-SHAH, Red Thunder.
WAK-SAH, One that Cuts Off.
CHAH-NOM-QUI-YAH, One that Presents the Pipe.
WAH-KE-KE-YAN-PUH-TAH, Fire Thunder.
MAH-TO-NONK-PAH-ZE, Bear with Yellow Ears.
CON-REE-TEH-KA, The Little Crow.
HE-HUP-PAH-TOH, The Blue War Club.
SHON-KEE-TOH, The Blue Horse.
WAM-BALLA-OH-CONQUO, Quick Eagle.
TA-TONKA-SUPPA,, Black Bull.
MOH-TOH-HA-SHE-NA, The Bear Hide.
Attest: S. E. WARD, JAS. C. O’CONNOR, J. M. SHERWOOD, W. C. SLICER, SAM DEON, H. M. MATHEWS, JOSEPH BISS Interpreter: NICHOLAS JANIS, LEFROY JOTT, ANTOINE JANIS.
Executed on the part of the Minneconjou band of Sioux by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.
HEH-WON-GE-CHAT, his + mark, One Horn.
OH-PON-AH-TAH-E-MANNE, The Elk that Bellows Walking.
HEH-HO-LAH-ZEH-CHA-SKAH, Young White Bull.
WAH-CHAH-CHUM-KAH-COH-KEEPAH, One that is Afraid of Shield.
HE-HON-NE-SHAKTA, The Old Owl.
MOC-PE-A-TOH, Blue Cloud.
OH-PONG-GE-LE-SKAH, Spotted Elk.
TAH-TONK-KA-HON-KE-SCHUE, Slow Bull.
SHONK-A-NEE-SHAH-SHAH-ATAH-PE, The Dog Chief.
MA-TO-TAH-TA-TONK-KA k, Bull Bear.
WOM-BEH-LE-TON-KAH, The Big Eagle.
MATOH, EH-SCHNE-LAH, The Lone Bear.
MA-TOH-OH-HE-TO-KEH, The Brave Bear.
EH-CHE-MA-KEH, The Runner.
TI-KI-YA, The Hard.
HE-MA-ZA, Iron Horn.
Attest: JAS. C O’CONNOR, WM. D. BROWN, NICHOLAS JANIS, ANTOINE JANIS, Interpreters.
Executed on the part of the Yanctonais band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized:
MAH-TO-NON-PAH, Two Bears.
MA-TO-HNA-SKIN-YA, Mad Bear.
AH-KE-CHE-TAH-CHE-KA-DAN, Little Soldier.
MAH-TO-E-TAN-CHAN, Chief Bear.
CU-WI-TO-WIA, Rotten Stomach.
SKUN-KA-WE-TKO, Fool Dog.
ISH-TA-SAP-PAH, Black Eye.
IH-TAN-CHAN, The Chief.
I-A-WI-CA-KA, The One who Tells the Truth.
AH-KE-CHE-TAH, The Soldier.
TA-SHI-NA-GI, Yellow Robe.
NAH-PE-TON-KA, Big Hand.
CHAN-TEE-WE-KTO, Fool Heart.
HOH-GAN-SAH-PA, Black Catfish.
MAH-TO-WAH-KAN, Medicine Bear.
SHUN-KA-KAN-SHA, Red Horse.
WAN-RODE, The Eagle.
CAN-HPI-SA-PA, Black Tomahawk.
WAR-HE-LE-RE, Yellow Eagle.
CHA-TON-CHE-CA, Small Hawk, or Long Fare.
SHU-GER-MON-E-TOO-HA-SKA, Fall Wolf.
MA-TO-U-TAH-KAH, Sitting Bear.
HI-HA-CAH-GE-NA-SKENE, Mad Elk.
LITTLE CHIEF, TALL BEAR, TOP MAN, NEVA, THE WOUNDED BEAR, WHIRLWIND, THE FOX, THE DOG BIG MOUTH, SPOTTED WOLF, SORREL HORSE, BLACK COAL, BIG WOLF, KNOCK-KNEE, BLACK CROW, THE LONE OLD MAN, PAUL, BLACK BULL, BIG TRACK, THE FOOT, BLACK WHITE, YELLOW HAIR, LITTLE SHIELD, BLACK BEAR, WOLF MOCASSIN, BIG ROBE, WOLF CHIEF,
ROBERT P. MCKIBBIN, Captain 4th Infantry, and Bvt. Lieut. Col. U. S. A., Commanding Fort Laramie, WM. H. POWELL, Brevet Major, Captain 4th Infantry, HENRY W. PATTERSON, Captain 4th Infantry, THEO E. TRUE, Second Lieutenant 4th Infantry, W. G. BULLOCK. FORT LARAMIE, WYOMING TERRITORY, November 6, 1868.
MAH-PI-AH-LU-TAH, Red Cloud.
WA-KI-AH-WE-CHA-SHAH, Thunder Man.
MA-ZAH-ZAH-GEH, k, Iron Cane.
WA-UMBLE-WHY-WA-KA-TUYAH, High Eagle.
KO-KE-PAH, Man Afraid.
WA-KI-AH-WA-KOU-AH, Thunder Flying Running.
W. MCE. DYE, Brevet Colonel U. S. Army, Commanding.
A. B. CAIN, Captain 4th Infantry, Brevet Major U. S. Army.
ROBT. P. MCKIBBIN, Capt 4th Infantry, Bvt. Lieut. Col. U. S. Army.
JNO. MILLER, Captain 4th Infantry.
G. L. LUHN, First Lieutenant 4th Infantry, Bvt. Capt. U. S. Army.
H. C. SLOAN, Second Lieutenant 4th Infantry
Document 4: Transcontinental Telegraph Authorized (1860)
An Act To Facilitate Communication Between the Atlantic and Pacific States by Electric Telegraph
Passed by the Senate and House of Representatives of the United States and Approved by the President, June 16, 1860
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury, under the direction of the President of the United States, is hereby authorized and directed to advertise for sealed proposals, to be received for sixty days after the passage of this act, (and the fulfillment of which shall be guaranteed by responsible parties, as in the case of bids for mail contracts,) for the use by the government of a line or lines of magnetic telegraph, to be constructed within two years from the thirty-first day of July, eighteen hundred and sixty, from some point or points on the west line of the State of Missouri, by any route or routes which the said contractors may select, (connecting at such point or points by telegraph with the cities of Washington, New Orleans, New York, Charleston, Philadelphia, Boston, and other cities in the Atlantic, Southern, and Western States, to the city of San Francisco, in the State of California, for a period of ten years, and shall award the contract to the lowest responsible bidder or bidders, provided such proffer does not require a larger amount per year from the United States than forty thousand dollars ; and permission is hereby granted to the said parties to whom said contract may be awarded, or a majority of them, and their assigns, to use until the end of said term, such unoccupied public lands of the United States as may be necessary for the right of way and for the purpose of establishing stations for repairs along said line, not exceeding at any station one-quarter section of land, such stations not to exceed one in fifteen miles on an average of the whole distance, unless said lands shall be required by the government of the United States for railroad or other purposes, and provided that no right to preempt any of said lands under the laws of the United States shall inure to said company, their agents or servants, or to any other person or persons whatsoever : Provided, That no such contract shall be made until the said line shall be in actual operation, and payments thereunder shall cease whenever the contractors fail to comply with their contract ; that the government shall at all times be entitled to priority in the use of the line or lines, and shall have the privilege, when authorized by law, of connecting said line or lines by telegraph with any military posts of the United States, and to use the same for government purposes : And provided, also, That said line or lines, except such as may be constructed by the government to connect said line or lines with the military posts of the United States, shall be open to the use of all citizens of the United States during the term of said contract, on payment of the regular charges for transmission of dispatches : And provided, also, That such charges shall not exceed three dollars for a single dispatch of ten words, with the usual proportionate reductions upon dispatches of greater length, provided that nothing herein contained shall confer upon the said parties any exclusive right to construct a telegraph to the Pacific., or debar the government of the United States from granting from time to time, similar franchises and privileges to other parties.
Sec. 2. And be it further enacted, That the said contractors, or their assigns, shall have the right to construct and maintain, through any of the territories of the United States, a branch line, so as to connect their said line or lines with Oregon ; and that they shall have the permanent right of way for said line or lines, under, or over, any unappropriated public lands and waters in the said territories, by any route or routes which the said contractors may select, with the free use during the said term of such lands as may be necessary for the purpose of establishing stations for repairs along said line or lines, not exceeding, at any station, one quarter-section of land, such stations not to exceed one in fifteen miles or an average of the whole distance ; but should any of said quarter-sections be deemed essential by the government, or any company acting under its authority, for railroad purposes, the said contractors shall relinquish the occupancy of so much as may be necessary for the railroad, receiving an equal amount of land for like use in its stead.
Sec. 3. And be it further enacted, That if, in any year during the continuance of the said contract, the business done for the government, as hereinbefore mentioned, by such contractors or their assigns, shall, at the ordinary rate of charges for private messages, exceed the price contracted to be paid as aforesaid, the Secretary of the Treasury shall, upon said accounts being duly authenticated, certify the amount of such excess to Congress : Provided, That the use of the line be given, at any time, free of cost, to the Coast Survey, the Smithsonian Institution, and the National Observatory, for scientific purposes : And Provided further, That messages received from any individual, company, or corporation, or from any telegraph lines connecting with this line at either of its termini, shall be impartially transmitted in the order of their reception, excepting that the dispatches of the government shall have priority : And provided further, That Congress shall at any time have the right to alter or amend this act.
Approved, June 16, 1860.
36 Cong., 1 Sess., Chapter 137.
Primary Document 5: Treaty With the Eastern Shoshoni, 1863*
*Signed July 2, 1863; Ratified by the U. S. Senate, Mar. 7, 1864; Proclaimed by President U. S. Grant, June 7, 1869. 18 Stats., 685.
Articles of Agreement made at Fort Bridger, in Utah Territory, this second day of July, A. D. one thousand eight hundred and sixty-three, by and between the United States of America, represented by its Commissioners, and the Shoshone nation of Indians, represented by its Chiefs and Principal Men And Warriors of the Eastern Bands, as follows:
Friendly and amicable relations are hereby re-established between the bands of the Shoshonee nation, parties hereto, and the United States; and it is declared that a firm and perpetual peace shall be henceforth maintained between the Shoshonee nation and the United States.
The several routes of travel through the Shoshonee country, now or hereafter used by white men, shall be and remain forever free and safe for the use of the government of the United States, and of all emigrants and travellers under its authority and Protection, without molestation or injury from any of the people of the said nation. And if depredations should at any time be committed by bad men of their nation, the offenders shall be immediately seized and delivered up to the proper officers of the United States, to be punished as their offences shall deserve; and the safety of all travellers passing peaceably over said routes is hereby guaranteed by said nation. Military agricultural settlements and military posts may be established by the President of the United States along said routes; ferries may be maintained over the rivers wherever they may be required; and houses erected and settlements formed at such points as may be necessary for the comfort and convenience of travellers.
The telegraph and overland stage lines having been established and operated through a part of the Shoshonee country, it is expressly agreed that the same may be continued without hindrance, molestation, or injury from the people of said nation; and that their property, and the lives of passengers in the stages, and of the employes of the respective companies, shall be protected by them.
And further, it being understood that provision has been made by the Government of the United States for the construction of a railway from the plains west to the Pacific ocean, it is stipulated by said nation that said railway, or its branches, may be located, constructed, and operated, without molestation from them, through any portion of the country claimed by them.
It is understood the boundaries of the Shoshonee country, as defined and described by said nation, is as follows: On the north, by the mountains on the north side of the valley of Shoshonee or Snake River; on the east, by the Wind River mountains, Peenahpah river, the north fork of Platte or Koo-chin-agah, and the north Park or Buffalo House; and on the south, by Yampah river and the Uintah mountains. The western boundary is left undefined, there being no Shoshonees from that district of country present; but the bands now present claim that their own country is bounded on the west by Salt Lake.
The United States being aware of the inconvenience resulting to the Indians in consequence of the driving away and destruction of game along the routes travelled by whites, and by the formation of agricultural and mining settlements, are willing to fairly compensate them for the same; therefore, and in consideration of the preceding stipulations, the United States promise and agree to pay to the bands of the Shoshonee nation, parties hereto, annually for the term of twenty years, the sum of ten thousand dollars, in such articles as the President of the United States may deem suitable to their wants and condition, either as hunters or herdsmen. And the said bands of the Shoshonee nation hereby acknowledge the reception of the said stipulated annuities, as a full compensation and equivalent for the loss of game, and the rights and privileges hereby conceded.
Nothing herein contained shall be construed or taken to admit any other or greater title or interest in the lands embraced within the territories described in said Treaty with said tribes or bands of Indians than existed in them upon the acquisition of said territories from Mexico by the laws thereof.
Done at Fort Bridger the day and year above written.
James Duane Doty,
Luther Mann, jr.,
Washakee, his x mark.
Wanapitz, his x mark.
Toopsa+owet, his x mark.
Pantoshiga, his x mark.
Ninabitzee, his x mark.
Narkawk, his x mark.
Taboonshea, his x mark.
Weerango, his x mark.
Tootsahp, his x mark.
Weeahyukee, his x mark.
Bazile, his x mark.
In the presence of—
Jack Robertson, interpreter.
From: Indian Affairs: Laws and Treaties. Vol. II, Treaties. Compiled and edited by Charles J. Kappler. (Washington: Government Printing Office, 1904), pp. 848-50.