Treaty with the Sioux 1805
Sept. 23, 1805.
Ratified Apr. 16, 1808.
Never proclaimed by the President.
Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904.
Conference Between the United States of America and the Sioux Nation of Indians.
Whereas, a conference held between the United States of America and the Sioux Nation of Indians, Lieut. Z. M. Pike, of the Army of the United States, and the chiefs and warriors of the said tribe, have agreed to the following articles, which when ratified and approved of by the proper authority, shall be binding on both parties:
ARTICLE 1. That the Sioux Nation grants unto the United States for the purpose of the establishment of military posts, nine miles square at the mouth of the river St. Croix, also from below the confluence of the Mississippi and St. Peters, up the Mississippi, to include the falls of St. Anthony, extending nine miles on each side of the river. That the Sioux Nation grants to the United States, the full sovereignty and power over said districts forever, without any let or hindrance whatsoever.
ARTICLE 2. That in consideration of the above grants the United States (shall, prior to taking possession thereof, pay to the Sioux two thousand dollars, or deliver the value therof in such goods and merchandise as they shall choose).
ARTICLE 3. The United States promise on their part to permit the Sioux to pass, repass, hunt or make other uses of the said districts, as they have formerly done, without any other exception, but those specified in article first.
In testimony hereof, we, the undersigned, have hereunto set our hands and seals, at the mouth of the river St. Peters, on the 23rd day of September, one thousand eight hundred and five.
Z. M. Pike, [SEAL.]
First Lieutenant and Agent at the above conference.
Le Petit Carbeau, his x mark. [SEAL.]
Way Aga Enogee, his x mark. [SEAL.]
http://digital.library.okstate.edu/kappler/vol2/treaties/sio1031.htm gives these notes on the treaty:
This treaty does not appear among those printed in the United States Statutes at Large. It was, however, submitted by the President to the Senate, March 29, 1808. The Senate committee reported favorably, on the 13th of April, with the following amendment to fill the blank in article 2, viz: "After the word 'States' in the second article insert the following words: 'shall, prior to taking possession thereof, pay to the Sioux two thousand dollars, or deliver the value thereof in such goods and merchandise as they shall choose.'" In this form the Senate, on the 16th of April, 1808, advised and consented to its ratification by a unanimous vote.
An examination of the records of the State Department fails to indicate any subsequent action by the President in proclaiming the ratification of this treaty; but more than twenty-five years subsequent to its approval by the Senate the correspondence of the War Department speaks of the cessions of land described therein as an accomplished fact.
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