Amendments were made to this treaty in the senate, and it was not fully completed and proclaimed until Feb. 24, 1853.
Almost instantly after the execution of this treaty, and on Aug. 5, 1851, another treaty was negotiated by the same commissioners with two other bands of Sioux in Minnesota, the M'day-wa-kon-tons and Wak-pay-koo-tays. By this treaty these bands ceded to the United States all their lands in the Territory of Minnesota or State of Iowa, for which they were to be paid $1,410,000, very much in the same way that was provided in the last-named treaty with the Si-si-tons and Wak-pay-tons. This treaty, also, was amended by the senate, and not fully perfected until Feb. 24, 1853.
Both of these treaties contained the provision that "The laws of the United States, prohibiting the introduction and sale of spirituous liquors in the Indian country, shall be in full force and effect throughout the territory hereby ceded and lying in Minnesota until otherwise directed by congress or the president of the United States." I mention this feature of the treaty because it gave rise to much litigation as to whether the treaty making power had authority to legislate for settlers on the ceded lands of the United States. The power was sustained. These treaties practically obliterated the Indian title from the lands composing Minnesota, and its extinction brings us to the
TERRITORIAL PERIOD.
It must be kept in mind that, during the period which we have been attempting to review, the people who inhabited what is now Minnesota were subject to a great many different governmental jurisdictions. This, however, did not in any way concern them, as they did not, as a general thing, know or care anything about such matters; but as it may be interesting to the retrospective explorer to be informed on the subject, I will briefly present it. Minnesota has two sources of parentage. The part of it lying west of the Mississippi was part of the Louisiana purchase, made by President Jefferson from Napoleon Bonaparte in 1803, and the part east of that river was part of the Northwest Territory, ceded by Virginia, in 1784, to the United States. I will give the successive changes of political jurisdiction, beginning on the west side of the river.
First, it was part of New Spain, and Spanish. It was then purchased from Spain by France, and became French. On June 30, 1803, it became American, by purchase from France, and was part of the Province of Louisiana, and so remained until March 26, 1804, when an act was passed by congress, creating the Territory of Orleans, which included all of the Louisiana purchase south of the thirty-third degree of north latitude. This act gave the Territory of Louisiana a government, and called all the country north of it the District of Louisiana, which was to be governed by the Territory of Indiana, which had been created in 1800 out of the Northwest Territory, and had its seat of government at Vincennes, on the Wabash.
On June 4, 1812, the District of Louisiana was erected into the Territory of Missouri, where we remained until June 28, 1834, when all the public lands of the United States lying west of the Mississippi, north of the State of Missouri, and south of the British line, were, by act of congress, attached to the Territory of Michigan, under whose jurisdiction we remained until April 10, 1836, when the Territory of Wisconsin was created. This law went into effect July 3, 1836, and Wisconsin took in our territory lying west of the Mississippi, and there it remained until June 12, 1838, when the Territory of Iowa was created, taking us in and holding us until the State of Iowa was admitted into the Union, on March 3, 1845, which left us without any government west of the Mississippi.
The part of Minnesota lying east of the Mississippi was originally part of the Northwest Territory. On May 7, 1800, it became part of the Indiana Territory, and remained so until April 26, 1836, when it became part of the Wisconsin Territory; and so continued until May 29, 1848, when Wisconsin entered the Union as a state, with the St. Croix river for its western boundary. By this arrangement of the western boundary of Wisconsin all the territory west of the St. Croix and east of the Mississippi, like that west of the river, was left without any government at all.