The Minnesota Sioux comprised four of the seven tribes of the nation, and were themselves geographically divided into “upper” and “lower” Sioux. The two upper tribes were the Sissetons and Wahpétons. The former had their villages on lakes Big Stone and Traverse, the latter on the upper reaches of the Minnesota River, with some sandwiching of bands. The lower Sioux were the Medawakantons and the Wah-pé-ku-tes: the villages of the former were strung along the west bank of the Mississippi from Winona to Fort Snelling and on up the Minnesota to Belle Plaine. The Wah-pé-ku-tes dwelt on the headwaters of the Cannon River, in what Nicollet called his “Undine region.” As they were averse, like all barbarians, to having their numbers counted, the Indian Bureau up to the time when all became “annuity Indians” could only guess at the population. Eight thousand was the general estimate at the middle of the century. Each tribe was subdivided into bands of unequal numbers, each under its own chief. The bands of each tribe recognized one of the older and most capable chiefs as their head chief. Wabashaw was head chief of the Medawakantons. The instructions of 1849, already mentioned, charged the commissioners to make but one treaty, advised them to promise no money payments, and forbade them to provide for debts due by Indians to the traders. The reader can surmise why no Indians came to treat.
The new commissioner of Indian affairs did not of course have to instruct himself, and he appears to have relaxed the conditions imposed by his predecessor. At any rate, he soon found out that if he wished to make a treaty it would be necessary for him to pay some money, and to arrange for the payment of traders’ claims. Because of a diversity of these claims against the upper and the lower Sioux it was desired that separate treaties be made. This was conceded. Because the upper tribes were thought to be less opposed to a treaty and a cession, it was decided to begin with them; and those Indians were summoned to council on July 1 at Traverse des Sioux. The commissioners and their party found on their arrival none but those there resident. It was not till the 18th that enough of the upper bands had come in to warrant negotiation. Meantime the disinclination of the Indians had been mitigated by the rations of pork, beef, and flour dispensed by the commissary, and presents to reluctant chiefs. On July 23 the treaty was signed in duplicate. As the chiefs left the table they were “pulled by the blanket” and steered to another, where they touched the pen to a third document, which later became notorious under the name of “the traders’ paper.” The upper Sioux by this treaty sold to the United States all their lands in Minnesota for $1,665,000, except a reservation twenty miles wide straddling the Minnesota River, from Lake Traverse down to the Yellow Medicine River. The principal consideration was an annual payment of $68,000 for fifty years, of which $40,000 was to be cash. The United States also engaged to expend $30,000 for schools, mills, blacksmith shops, and like beneficial purposes, to remove the Indians to their new homes, and to provide them with subsistence for one year. A residue of $210,000 was to be paid to the chiefs in such manner as they should thereafter in open council request, to enable them “to settle their affairs and comply with their present engagements”; in plain English, to pay the claims of the traders. The traders’ paper amounted to an assignment in blank of this whole sum. The schedule of claims was not attached to the paper till the next day. On the question whether the chiefs who signed knew what they were doing, the evidence is conflicting. On August 5 a second treaty, ceding the same lands, was signed at Mendota. The reservation for the lower bands was also on the Minnesota River, extending from the upper reserve down to the neighborhood of New Ulm. Each of the two tribes agreed to pay traders’ claims to the amount of $90,000. The lower Sioux were encouraged to conclude the bargain by a promise that $30,000 out of a $50,000 “education” fund provided for in the treaty of 1837 and never paid, but allowed to accumulate, should be distributed, so soon as the treaty should be signed. The money was paid, and within a week it was in the hands of St. Paul merchants and whiskey sellers; $10,000 or thereabout went for horses. The commissioners congratulated themselves and the country on this magnificent purchase of a region larger than New York, at a cost of the “sum paid in hand.” The annual payments promised would, they figured, be equaled by the interest from the lands.