Page:United States Statutes at Large Volume 12.djvu/1085

 TREATY WITH THE MENDAWAKANTON, &C. SIOUX. JUNE 19, 1858. 1033 scribed by the Secretary of the Interior, and in such manner as will seciére to them the largest sum it may be practicable to obtain for said lan. ARTICLE III. It is also agreed that if the Senate shall authorize the From proceeds land designated in article two of this agreement to be sold for the benedt g,l,:“£’0“°° °'§" of the said Mendawakanton and Wahpakoota bands, or shall prescribe sié chggigymg an amount to be paid said bands for their interest in said tract, pro·K<>*-*1***6**- vision shall be made by which the chiefs and headmen of said bands may, in their discretion, in open council authorize to be paid out of the proceeds of said tract, such sum or sums as may be found necessary and proper, not exceeding seventy thousand dollars, to satisfy their just debts and obligations, and to provide goods to be taken by said chiefs and headmen to the said bands upon their return : Provided, however, That their said Pmviso determinations shall be approved by the superintendent of Indian affairs for the northern superintendency for the time being, and the said pay- ments be authorized by the Secretary of the Interior. Anrrctn IV. The lands retained and to be held by the members of Lands retained the Mendawakanton and Wahpakoota bands of the Dakota or Sioux “¤‘}°' im 6,:* Indians, under and by virtue of the first article of this agreement, shall, g2g2d:),, 1:,;;. to all intents and purposes whatever, be deemed and held to be an Indian an reservation. reservation; and the laws which have been, or may hereafter be enacted by Congress, to regulate trade and intercourse with the Indian tribes, shall have full force and effect over and within the limits of the same ; and no person other than the members of the said bands, to be ascertained and defined under such regulations as the Secretary of the Interior shall prescribe, unless such as may be duly licensed to trade with said bands, or employed for their benefit, or members of the family of such persons, shall be permitted to reside or make any settlement upon any part of said reservation; and the timbered land allotted to individuals, and also that reserved for subseqhent distribution as provided in the first article of this agreement, shall be free from all trespass, use, or occupation, except as hereinafter provided. ARTICLE V. The United States shall have the right to establish and United stm, maintain upon said reservation such military posts, agencies, schools, mills, mai; ¤*¤i¤¤?¤ shops, roads, and agricultural or mechanical improvements, as may be Qgéxrkgjsfg deemed necessary, but no greater quantity of land or timber shall be reservation. taken and used for said purposes than shall be actually requisite therefor. _ And if in the establishment or maintenance of such posts, agencies, roads t0({)‘;m£;'3;“g‘lZ“ or other improvements the timber or other property of any individual damages caused Indian shall be taken, injured, or destroyed, just and adequate compen- thereby to any sattion shall be made therefor by the United States. Roads or highways 1”d“"“‘ authorized by competent authority other than the United States, the lines of which shall lie through said reservation, shall have the right of way through the same, upon the fair and just value of such right being paid to the said Mendawakanton and Wahpakoota bands by the party or parties authorizing or interested in the same, to be assessed and determined in such manner as the Secretary of the Interior shall direct. ARTICLE VI. The Mendawakanton and Wakpakoota bands of Dakota The bands to or Sioux Indians acknowledge their dependence on the government of the Eéfggi *22*dlY United States, and do hereby pledge and bind themselves to preserve ’ friendly relations with the citizens thereof, and to commit no injuries or depredations on their persons or property, nor on those of the members to my for of any other tribe; but in case of any such injury or depredatxon, full (Epmd5s3cm_ compensation shall, as far as practicable be made therefor out of their moneys in the hands of the United States; the amount in all cases to be determined by the Secretary of the Interior. They further pledge them- _ me to engage selves not to engage in hostilities with the Indians of any other tribe {253**22}****5 “**‘ unless in self-defence, but to submit, through their agent, all matters of ’