Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-03-20
CROW CREEK.

A Decision in support Of the Procla-
nation Mr.. Pettigrew Gives q
sketch of the Case.
Washington, March l7-Assistant A.
torney General McCammon has prepared
an opinion on the Winnebago reserva-
tion order of President Arthur, which
will be made public by Wednesday. It
decides adversely to Commissioner
Prices request that the order be sus.
pended until Senator Dawes resolution
can be answered. The gist Of the opin-
ion is that the lands in question were not
set apart by treaty, but by executive
order, and 30 can be restored by the same
authority.
Fargo, March 1.-THE Argus this
morning prints an interview with ex-
Delegate Pettigrew, of Sioux Falls, in
regard to the WinnebaRo and Crow
Creek reservations. MIR. Pettigrew
states:
In 1868 Col. Clark Thompson located
the Winnebago and Santee Indians on
these lands, and very soon after the Win
nebsgos were located on these lands they
became dissatisfied and wanted to leave,
and most of them took canoes and float.
ed down the Missouri to the Omaha
reservation IN Nebraska. In 1864 they
made treaty with the government in
which they released this reservation in
Dakota and took lands instead ad-
joining the Omaha in Nebraska,
where they have since remained; !;
SO whatever claim they might have
had to this reservation was released
to the government. The Sioux remained
until 1865, when they too removed to
Nebraska, where they were allotted q
reservation by executive order opposite
Springfield, ID. IT, consisting of four
townships, 80 this Dakota reservation,
which never had any legal existence any
way. was entirely abandoned by the
Indians. The supposed Indian title to
these lands rises from the fact that in
the treaty of 1868, with the Sioux
nations, the boundary Of the great reser.
walton west of the Missouri river was
snpposed, erroneously however, to ems
brace this reservation, when in reality it
only included the Yankton reservation
in Charles Mix county, d. 4. After.
ward some of the Yanktonsis Sioux In.
dians came in from the plains, located
at this point, began to receive rations
and had an agent appolnted in 1869. The
buildings we're repaired and they occu.
pied portion Of the lands embraced in
both the Winnebago and Sioux reserva-
tions at Fort Thompson, being simply
occupied without any treaty, title or act
of congress, on the public do
main of the United States. In 1875
President Grant issued an executive
order extending the Sioux reservation
east of the Missouri river over . very
large area of country, and this is the
first act of the government which made
this country an Indian reservation.
President Hayes revoked President
Grants order to all of the country ex.
cept the tract of land whose boundaries
had been designated by Thompson as
the Winnebago and Santee Sioux reser-
vation at Fort Thompson. The whole
of the reservation, therefore, could have
been opened to settlement by President
Arthur, instead ofs portion of 1t, if it
we're not for the fact the commission
appointed by the president's treaty
with the Sioux for portion of the great
reservation west Of the Missouri river
in 1888 had not also been authorized to
treat with these Indians. They made
q treaty with the Yanktonais
Sioux by which it was agreed that
they should have portion Of the lands
at Grow Greek % . permanent residence,
and the balance of tho old WinnebsRo
and Sioux reservation to be open to
settlement. Pursuant to an agreement
made by the special Indian commission
OF 1883, Of which ex-Gov. Edmunds and
Secretary of the Interior Teller were
parties, . portion Of the reservation Wa
Il ~ T.