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October 10, 1865, Governor Edmunds, of Dakota, concluded a treaty at Fort Sully with the Minneconjous, with a view of protecting the settlements in Dakota. Edward B. Taylor, Maj. Gen. S. R. Curtis, H. H. Sibley, Henry W. Reed and Orrin Gurnse acted with Governor Edmunds. This treaty provided for an overland route through the great Sioux reservation for which the Indians were to receive $10,000 annually for twenty years. The same parties negotiated a treaty at the same time with the Lower Brule band, the Sansarc, Uncpapa, Yanktonais and other Sioux bands for the same purpose. February 19, 1867, the Wahpetons and Sissetons ceded the right to construct wagon roads, telegraph lines, etc.

After the treaty of 1868, made with General Sherman and associates, that of 1876 made by George W. Manypenny, Rt. Rev. Henry B. Whipple, Jared W. Daniels, Albert G. Boone, Henry W. Bullis, Newton Edmunds and Augustine S. Gaylord was next in importance. It was the good fortune of the writer of these pages to have been present at this treaty, to have heard the bitter complaints of the Indians and their pleas for justice, and to have witnessed their utter hopelessness, excepting as they had faith in Bishop Whipple and Newton Edmunds, their tried and true friends. Here was an attempt in good faith to benefit the Indians.

September 20, 1872, Moses N. Adams, William H. Forbes and James Smith, Jr., negotiated with Gabrielle Renville, head chief of the Sissetons, and others, for all of their lands in Dakota excepting certain restricted reservations at Lake Traverse and Devils Lake. This was amended May 2, 1873, and under that amended treaty all question was removed as to the title to certain lands in the Red River Valley, and the lands about Fargo became free public lands.

In October, 1882, Hon. Newton Edmunds, Judge Peter C. Shannon and James H. Teller, negotiated a treaty with the Sioux at their various agencies in which they agreed to divide up their reservation and looking to the allotment of land in severalty. They were also to be provided with a farmer to instruct them, and with schools and other advantages.

By the act of March 2, 1889, there were further changes made in the Sioux reservation, opening a small portion of the reservation in North Dakota, and confirming by law other portions. Allotments were provided for and citizenship, when they should take lands in severalty, and Indians were given preference for employment on reservation.

The Turtle Mountain reservation was created by executive order of December 21, 1882. Two years later it was limited by executive order to the two townships now occupied by them. July 13, 1892, a commission was provided for by act of Congress to treat with the Turtle Mountain band for their removal, and the extinguishment of the Indian title to lands claimed by them. The commission created under this act is known as the McCumber commission, and resulted in the payment of a large sum for their alleged rights to other lands. The two townships reserved for them by executive order, was wholly allotted to them, and other members of the tribe were provided for on other public lands, some of them settling in Montana, and others in the Missouri River region in North Dakota.

In 1886, J. V. Wright, Jared W. Daniels and Charles F. Larabee, negotiated a treaty with the Berthold Indians, who relinquished a considerable portion of

their reservation, and defining that remaining, providing for the allotment of lands, for rewards for industry, etc. This agreement was confirmed by act of Congress, March 3, 1891 (20 Stat. 1032).

Wise and wholesome laws have been enacted for the government of the Indians, for protection of their persons and property; for the education of their children; and in every possible way to uplift them. Lands claimed by them are protected from the encroachments of the whites, if they have any improvements on them of any value whatever, and the Government will incur any necessary expense in defending them. They are wards of the Nation. The act of February 8, 1887, provides for their becoming citizens when they shall have selected land in severalty, throwing around them all of the guards pertaining to citizenship, and giving them all of its rights, while protecting their homes from alienation for a period of twenty-five years.

From the adoption of the Articles of Confederation it became the fixed policy of the United States to protect the Indians in their rights to the land occupied or claimed by them. By clause IX of the articles it was agreed that the United States, in Congress assembled, should have the sole and exclusive right and power of regulating the trade, and managing all affairs with the Indians, not members of any of the states, provided that the legislative rights of the state within its own limits be not infringed or violated.

By the proclamation of September 22, 1783, all persons were prohibited from making settlement on lands inhabited or claimed by the Indians, without the limits or jurisdiction of any particular state, and from receiving any gift or cession of such lands or claims, without the express authority and direction of the United States. The Constitution of the United States provided for the regulation of commerce with the Indians and for their care through its general provisions.

The Indians were dealt with by treaty until the act of March 3, 1871, which provided that no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe or power, with whom the United States may contract by treaty, thus changing the policy which had prevailed since the treaty with the Delawares September 17, 1778.

The only excepion to this rule was in the treatment of the Sioux after the Indian outbreak of 1862. The treaty with them was held to be void, their annuities were refused, but they were later provided for through the Great Sioux and other reservations. The United States claimed their lands by right of conquest.

Some twelve hundred to fifteen hundred of the Wahpeton and Sisseton Sioux, who aided the whites during the outbreak, jeopardizing their lives to protect the whites, and to obtain possession of the white women and children made captives by the hostile bands, and another group of one thousand to twelve hundred, who fled to the plains, fearing the indiscriminate vengeance of the whites, were granted the fairest and best portion of North Dakota by the treaty of February 19, 1867, the land so granted extending from Goose Creek to Watertown, S. D., conflicting, however, with the Chippewa cession extending to the Sheyenne. There were included in this grant the specific reservations of Lake Traverse and Devils Lake. By recent legislation that portion of the reservation not occupied by Indians has been opened to settlement, the settlers paying their appraised

value, the money so paid being set aside by the Government for the benefit of the Indians.

In the early cessions of lands by the Indians, covering the fertile regions of Iowa, South Dakota and Minnesota, 10 cents an acre was regarded a fair price to pay for the lands, but under the treaty of 1876, the Sioux were allowed $1.25, 75 and 50 cents per acre, depending upon the time of entry; the Wahpeton and Sisseton Indians were allowed $2.50 per acre for the Lake Traverse reservation and the Devils Lake Indians as high as $4.50 per acre for their lands. The Fort Berthold Indians were allowed $1.50 per acre for that part of their reservation surrendered, and have reason to expect a much larger sum for the portion they are now asked to give up. The Yankton Sioux received $3.75 per acre for their reservation. Some of the Fort Berthold lands have sold at $6 per acre.

The following recapitulation may be found of interest: The lands in North. Dakota along the Red River were ceded by the Red Lake and Pembina bands. of Chippewa Indians on October 2, 1863 (13 Stat., 667), and on September 20, 1872 (Rev. Stat., 1050), the Wahpeton and Sisseton Sioux ceded the remainder of the Red River Valley, and the country extending west to the James River and Devils Lake.

By executive order of July 13, 1880, the country north of the Heart and south and west of the Missouri to a point about twelve miles west of Dickinson was restored to the public domain. A further portion of the Fort Berthold reservation was opened to settlement March 3, 1891 (26 Stat., 1032). The Lake Traverse reservation was opened to settlement March 3, 1891 (26 Stat., 1038); the Devils Lake reservation was restored by the President's proclamation of June 2, 1904, under the act of April 27, 1904. The Standing Rock reservation was opened to settlement under the President's proclamation of August 19, 1909. The Great Sioux reservation, not included in special reservations, was disposed of under the act of March 2, 1889 (25 Stat., 888).

The Fort Rice military reservation was turned over to the Interior Department by the War Department on July 22, 1884; the Fort Abraham Lincoln reservation was turned over to the Interior Department March 19, 1896; the Fort Stevenson reservation was turned over to the Interior Department February 12, 1895, and the lands were sold at public sale October 2, 1901, under the act of July 5, 1884. The Fort Buford reservation was turned over to the Interior Department October 25, 1895, and disposed of under the act of May 19, 1900 (31) Stat., 180). The Fort Pembina military reservation was turned over to the Interior Department November 27, 1895, and sold at public sale April 2, 1902, under the act of July 5, 1884, some of the lands bringing as high as $20 per acre. Fort Abercrombie reservation was opened to settlement by act of Congress July 15, 1882, and Fort Seward reservation by act of Congress June 10, 1880.

CHAPTER XXII

TRANSPORTATION DEVELOPMENT

THE NORTHERN PACIFIC RAILROAD, ITS HISTORY, PROMOTERS AND CONSTRUCTION —BEGINNING OF AGRICULTURAL DEVELOPMENT-EXTENSIONS, BISMARCK AND OTHER TOWNSITES-FORT ABRAHAM LINCOLN ESTABLISHED THE GREAT NORTHERN RAILROAD CONDITIONS CONTRASTED JAMES J. HILL'S HISTORY OF THE GREAT NORTHERN ENTERPRISE-JAMES J. HILL-THE EARLY TRANSPORTATION INTERESTS OF THE RED RIVER VALLEY.

March 3, 1853, Jefferson Davis, then secretary of war, and later president of the southern confederacy, procured the passage of a resolution by Congress authorizing him, as secretary of war, to make such explorations as he deemed advisable to ascertain the most practicable route for a railroad from the Mississippi River to the Pacific Ocean. Under this resolution three expeditions were organized, one to survey a southern, one a central, and the other a northern route. The eastern end of the northern route was placed in charge of Maj. Isaac I. Stevens, and the western in charge of Lieut. George B. McClellan, afterwards a distinguished Union officer during the War of the Rebellion, and in 1864 the democratic candidate for President of the United States. At the time of his appointment Major Stevens was chairman of the national democratic committee and prejudiced against the northern route.

Isaac Ingalls Stevens, a native of Andover, Mass., was a graduate of West Point, class of 1839. He was an adjutant on the staff of General Winfield Scott during the war with Mexico, 1847-48, and was severely wounded in the attack on the City of Mexico. When placed in charge of this route he had resigned from the army, and was appointed governor of Washington territory. He was delegate to Congress from that territory from 1857 to 1861, and at the outbreak of the War for the preservation of the Union re-entered the military service as a volunteer, and was commissioned colonel of the Seventy-ninth New York Highlanders. He accompanied General William Tecumseh Sherman on the Port Royal Expedition of 1862, was promoted major-general July 4th of that year, and-dying at the age of 44-on the 1st September following fell at the battle of Chantilly, waving the flag at the head of his division.

A southern route to the Pacific had long been a favorite scheme of the leading men of the south with a view to strengthening the predominating influence of that section in the National Government against possible northern development. Edwin F. Johnson, a distinguished engineer, who, as early as 1836, had projected the Erie Railroad from New York to the lakes, and who had been connected with the construction of the Erie Canal, had accumulated much data from

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