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REPORT

OF

THE COMMISSION APPOINTED BY DIRECTION OF THE PRESIDENT OF THE UNITED STATES, UNDER INSTRUCTIONS OF THE HONORABLES THE SECRETARY OF WAR AND THE SECRETARY OF THE INTERIOR, TO MEET THE SIOUX IN. DIAN CHIEF, SITTING BULL, WITH A VIEW TO AVERT HOSTILE INCURSIONS INTO THE TERRITORY OF THE UNITED STATES FROM THE DOMINION OF CANADA.

To the honorable Secretaries of War and of the Interior:

GENTLEMEN: The undersigned have the honor to report that they were directed by the President through the War and Interior Departments to form a commission to act according to the following instructions:

DEPARTMENT OF THE INTERIOR, Washington City, September 6, 1877. GENTLEMEN: The President desires you to proceed at your earliest convenience to Fort Benton, and thence to a point on our northern frontier, from which the present encampment of the Sioux chief, Sitting Bull on British territory, is most easily accessible. At the frontier you will be met by a detachment of mounted Canadian police, detailed by the Government of the Dominion of Canada for your protection.

It is the object of your mission, undertaken at the suggestion of the Government of the Dominion, to ascertain what danger there may be of hostile incursions on the part of Sitting Bull and the bands under his command upon the territory of the United States, and, if possible, to effect such arrangements, not unacceptable to the Government of the Dominion, as may be the best calculated to avert that danger. To this end you will put yourself in communication with Sitting Bull in such manner as, under existing circumstances, may seem to you most judicious.

In doing so you will keep the following facts in view:

In the month of February last, Sitting Bull and his bands engaged in armed hostilities against the United States, and pursued by our military forces, crossed the boundary line of the British possessions, for the purpose of escaping from that pursuit. At that time the fugitive Indians appeared to be well armed, but their ammunition was so nearly exhausted that they were no longer able to continue the struggle. Under such circumstances they took refuge on British soil, where the troops of the United States could not follow them without violating the territory of a friendly power. It is reported, and there is good reason for believing, that these hostile Indians have availed themselves of the protection and security thus enjoyed to replenish their stock of ammunition, and thus to enable themselves to resume their hostilities against the United States as soon as they may find it convenient to do so.

According to all recognized principles of international law, every government is bound to protect the territory of a neighboring friendly state against acts of armed hostility on the part of the refugees who, for their protection from pursuit, have crossed the frontier. While the Government of Great Britain will be most mindful of this obligation, the President recognizes the difficulties which, in dealing with a savage population, may attend to its fulfillment, and he is, therefore, willing to do all in his power to prevent any interruption of the relations of good neighborhood, and to avert a disturbance of the peace of the border, even to the extent of entering into communication with an Indian chief who occupies the position of a fugitive enemy and criminal.

You are, therefore, instructed, in the name of the President, to inform Sitting Bull and the other chiefs of the bands of Indians recently escaped into the British possessions, that they will be permitted peaceably to return to the United States and occupy such reservations as may be assigned to them, and that they will be treated in as friendly a spirit as were other hostile Indians who, after having been engaged with Sitting Bull and his followers in hostilities against the United States, surrendered to our military forces. This treatment, however, can be accorded only on condition that Sitting

Bull and all the members of the Indian bands who take advantage of this offer of pardon and protection, when crossing the line from British territory to that of the United States, surrender to our military forces stationed at the frontier all their firearms and ammunition, as well as all their horses and ponies, the military commander permitting them the temporary use of such animals as may be necessary for the transportation of the aged and infirm among the Indians who may be unable to march on foot to the reservations. You will insist upon this condition to its full extent, and not make any promises beyond that of a pardon for the act of hostility committed as stated above.

Should Sitting Bull and the other chiefs with him express their willingness to return to the United States on these terms you will notify the commander of the United States forces at of that fact, and instructions will be given for the reception of the Indians at the frontier. In case the Indians refuse to return to the United States upon such terms, you will then break off all communication with them, and the Government of Great Britain will, no doubt, take such measures as may be necessary to protect the territory of the United States against hostile invasion.

A copy of these instructions has been forwarded to General A. H. Terry, United States Army, who will act as the head of the commission.

Very respectfully, your obedient servant,

GEO. W. MCCRARY,

Secretary of War.
C. SCHURZ,
Secretary of the Interior.

To Brig. Gen. ALFRED H. TERRY, U. S. Army,
To General A. G. LAWRENCE, Washington.

The commission met and organized at Saint Paul, on the 11th of September, 1877.

There were present: Brig. Gen. Alfred H. Terry, United States Army; Hon. A. G. Lawrence, Rhode Island; H. C. Corbin, brevet lieutenantcolonel, United States Army, secretary.

It was decided that the commission should leave the city on the 14th instant for Fort Benton, Mont., via Omaha, Nebr., and Helena, Mont., this route having been determined the most expeditious as to time. The chairman notified the Hon. Secretary of War of the action of the commission.

[Copy of telegram.]

HEADQUARTERS DEPARTMENnt of Dakota,
Saint Paul, Minn., September 11, 1877.

To the honorable Secretary of War, Washington, D. C. :

The commission to meet Sitting Bull organized here to-day. It has determined, in order to save time, to go to Fort Benton via the Union Pacific road and the Montana stage-line. I am directed to request that the Dominion authorities be notified that the commission desire to meet the escort which they will furnish at the point where the usually traveled road from Fort Benton to Fort Walsh crosses the boundary. I am also directed to suggest that the Canadian authorities should be asked to induce Sitting Bull and his chiefs and headmen to come to Fort Walsh to meet the commission. The object of this last suggestion is to save time. It has been recently reported that the Indians are one hundred and twenty miles beyond Fort Walsh. If this be true, to reach their present camp would involve six hundred miles travel, going from and returning to Fort Benton, a march which would consume nearly twenty-five days. If the Indians should accept the terms offered them, it would be extremely desirable, on many accounts, to bring them in as early as possible. We shall expect to reach the boundary on the 29th or 30th.

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ALFRED H. TERRY,
Brigadier-General, Chairman.

Captain Twenty-fourth Infantry, Secretary.

SAINT PAUL, MINN., September 12, 1877.

The commission met. It was then determined to ask a modification of so much of the instructions to the commission as required that the Indians be dismounted at the boundary.

To honorable G. W. MCCRARY,

[Copy of telegram.]

HEADQUARTERS DEPARTMENT OF DAKOTA,
Saint Paul, Minn., September 12, 1877.

Secretary of War, Dayton, Ohio:

After examining their instructions, the commission think that it would be desirable to modify them in one particular. They require that all arms and all horses, except such as may be needed for the use of the infirm and sick, shall be surrendered at the boundary. The arms most certainly should be surrendered there; but we think that it would be very embarrassing to both the troops and the Indians if they should be dismounted before reaching their reservation. Deprived of their arms there would be no danger of their attempting to escape from their escort, even if they should have horses. We suppose that under the term, "as kind treatment as any of the hostiles have received," we may say to them that the horses will be sold for their benefit, as has been done in the case of other Indians.

An answer to this a week hence sent to Helena, Mont., will be in time.

A true copy.

H. C. CORBIN,

ALFRED H. TERRY, Brigadier-General and Chairman of Commission.

Captain Twenty-fourth Infantry, Secretary.

A copy of the answer thereto, as furnished by the telegraph operator at Ross Forks, Idaho.

Gort.

General A. H. TERRY, Helena, Mont. :

CINCINNATI, OHIO, September 16.

The President directs me to say that the instructions of the commission are modified, as suggested in your dispatch of the twelfth.

GEO. W. MCCRARY,
Secretary of War.

(Copy furnished at Ross Fork at request of General Terry.)

The commission decided to authorize the employment of a phonographic reporter and Indian interpreter, and Mr. Jay Stone, of Saint Paul, was appointed.

On the same day the following telegrams were received and answered:

General A. H. TERRY, Saint Paul:

WASHINGTON, D. C., September 12, 1877.

The request has been received through Department of State that you will telegraph to governor-general Dominion Canada, at Ottawa, before starting, the point on boundary where mounted escort to be furnished by that government should meet the commission.

E. D. TOWNSEND,
Adjutant-General.

HEADQUARTERS DEPARTMEnt of DakoTA,
Saint Paul, Minn., September 12, 1877.

To his excellency the governor-general of the Dominion of Canada, Ottawa, Canada:
By direction of the War Department of the United States, I have the honor to inform
your excellency that the commission appointed to meet Sitting Bull will proceed from
Fort Benton, Montana Territory, to the point where the usually traveled road from
that place to Fort Walsh crosses the boundary. The commission would be glad to meet
at that point the escort which it understands is to be furnished to it by the Dominion
Government. The commission will arrive at the point designated about the 29th
instant.

ALFRED H. TERRY, Brigadier-General, V. S. A., and Chairman of Commission.

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After making provision for very cold weather, the commission started from Saint Paul by rail on the evening of the 14th of September, and proceeded via Omaha, Ogden, Franklin, and Helena, arriving at Fort Shaw in advance of the mail on the 25th of September.

Before leaving Saint Paul, the commander of the Department of Dakota had directed General Miles, at Tongue River, to send three companies of the Second Cavalry to Fort Benton, to serve as an escort to the commission. It being foreseen, however, that these troops would be needed by General Miles in his pursuit of the Nes Percés, General Gibbon, at Fort Shaw, had taken measures to provide another escort, by calling up a company of the Seventh Cavalry from Fort Ellis. Awaiting the arri val of these last-named troops, the commission remained at Shaw until the 4th of October. On that day it started for Fort Benton, with one company of the Seventh Infantry and one of the Seventh Cavalry. It reached Fort Benton about noon of the 6th. At midnight of the same day news was received of the battle at Bear's Paw Mountain, accompanied by a call from General Miles for rations and forage. It was thereupon determined to remain at Benton and send forward supplies in such wagons as could be obtained, including the wagons provided for the commission, under the guard of its escort. On the night of the 8th, further dispatches were received from General Miles, announcing the final surrender of the Nes Percés, and informing the commission that the troops originally destined to be its escort would now be available for that purpose, and would in a day or two be put in march to meet it. The commission, therefore, moved out from Fort Benton on the 10th, met its escort on the evening of the 12th, and on the 13th again started for Fort Walsh. The boundary was reached in the afternoon of the 15th, when the commission was met by Lieut. Col. J. F. McLeod, commissioner of the Northwest Territory and commander of the Northwest Mounted Police, with a detachment of his command. Under this escort the commission proceeded to Fort Walsh, reaching it at 6 p. m. on the 16th.

FORT WALSH, October 17, 1877.

The commission met at 10 a. m., and the address to the Indians was determined upon.

Before being presented to them, Baptiste Shane, the interpreter of the commission, together with the official interpreter at Fort Walsh, also an interpreter, brought by Sitting Bull, were assembled, and the address read and its meaning fully explained, in order that they might be better able to make a proper and full interpretation.

FORT WALSH, October 17, 1877. The commission assembled at 3 o'clock p. m. in Major Walsh's quarters. Present: General Terry, General Lawrence, Capt. H. C. Corbin, and Mr. Jay Stone, a stenographer.

Lieutenant-Colonel McLeod, Major Walsh, and other officers of the mounted police were also present.

The Indian chiefs were then brought in and their names announced, as follows: Bear's Head, head chief of the Uncapapas; Sitting Bull, The Spotted Eagle, The Flying Bird, The Whirlwind Bear, The Medicine-turns-around, The Iron Dog, The-man-that-scatters-the-Bear, Little Knife, The Crow, and Yellow Dog.

The Indians were informed that Baptiste Shane was to interpret, and that Mr. Provost and Joe Lanaval were to listen and see that it was correctly done. General Terry then read to them the propositions.

We are sent a commission by the President of the United States, at the request of the Government of the Dominion of Canada, to meet you. The President has instructed us to say to you that he desires to make a lasting peace with you and your people; he desires that all hostilities shall cease, and that all the people of the United States shall live together in harmony. He wishes this not for the sake of the whites alone, but for your sake as well; and he has instructed us to say that if you will return to your country, and hereafter refrain from acts of hostility against its government and people, a full pardon will be given to you for all acts committed in the past; that no matter what those acts have been, no attempt will be made to punish you or any man among you; that what is past shall be forgotten, and that you shall be received in the friendly spirit in which the other Indians who have been engaged in hostilities against the United States and have surrendered to its military forces have been received.

We will now explain to you what the President intends to say when he promises that, in case you accept these terms, you will be treated in as friendly a spirit as the Indians who have surrendered.

Of all those bands which were at war with the United States a year ago, this band of yours, which has sought refuge in the British possessions, is the only one which has not surrendered; every other one has come into some of the agencies established for the Sioux nation. Of these bands, no single man has ever been punished for his hostile or criminal acts. Every man, every woman, and every child has been received as a friend. Every one has received sufficient food and clothing for his support. Every one has been treated in the same manner as those of your nation who, during all the past troubles, remained peaceably at their agencies.

It is true that these Indians have been required to give up their horses and arms, but these horses and arms have been partially sold, and all will be sold, and whatever has been or may be received for them has been or will be applied for the benefit of those from whom they were taken. One of us has already caused to be purchased and sent to the agencies on the Missouri River 650 cows for the use of the Indians there. This has been done in the belief that the best hope for the future welfare of your people and their children is in the abandonment of your present mode of life and the adoption of the occupation of breeders of cattle. These same terms are now offered to you. The President cannot and will not consent that you should return to your country armed, mounted, and prepared for war. He cannot consent that you should return prepared to inflict injuries similar to those which you have inflicted in the past, but he invites you to come to the boundary of his and your country, and there give up your arms and ammunition, and thence to go to the agencies to which he will assign you, and there give up your horses, excepting those which are required for peace purposes. Your arms and horses will then be sold, and with all the money obtained for them cows will be bought and sent to you.

From these cows you will be able to raise herds, which will support you and your children; which will support you and them long after the game upon which you now depend for subsistence shall have disappeared. And in the mean time you will receive the clothing and food which the other bands of your nation are now receiving.

We have come many hundred miles to bring you this message from the President, who, as we have told you before, desires to live in peace with all his people. Too much white and Indian blood has already been shed. It is time that bloodshed should cease. Of one thing, however,

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