2nd Endorsement
Hd. Qrs. of the Army
Washington. June 16. 74
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Respectfully referred to the Lieutenant General Commanding Military Division of the Missouri for remark.
By terms of Gen. Sherman
Wm D Whipple
Asst. Adjt. General

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3rd. Endorsement
Headquarters Military Division of the Missouri
Chicago, June 18th, 1874
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Respectfully referred to the Commanding General Department of Dakota by Command of Lieut. Gen. Sheridan.
R.C. Drum
Assistant Adjuons General
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4th Endorsement
Headquarters of Dept. of Dakota,
Saint Paul, Minn., July 24, 1874
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Respectfully returned to Headquarters Military Division of the Missouri.

I am unable to see that any just offense is given to the Indians by the expedition to the Black Hills. I cannot see that any of their rights, either those which they have possessed from the beginning or those which are secured to them by treaty, are invaded. From the earliest times the government exercised the right of sending exploring psrties into the unceded Indian Territory-exploring parties of a military character, and this expedition is nothing more. It is a large party, it is true: but that it should be large is made necessary by the fact that certain bauds of the Sioux are always ready to attack small parties either of civilians on troops. It was made large for the purpose of preventing hostilities. The march of the expedition will be partly within and partly without the reservation established by the treaty of April 29, 1868; and it has been said that to send troops into or across the reservation is a violation of that treaty.
To support this prection reliance is placed upon the second article of the treaty, in which the United States "agree that no persons except those herein designated and authorized is to do and except each officers, agents, and employees of the government as may be authorized to enter upon the Indian reservations in diselarge of duties ensured by law, shall even be permitted to pass over, settle upon, or reside in the territory described in this article, or in each territory as may be added to this reservation for the use of said Indians, and henceforth. they will and do hereby relinguish all claims on right in and to any portion of the United States on territiories, except such as is embraced within the limits aforesaid, and except are hereinafter provided."
That this provision was intended to exclude from the reservation the millitary forces of the government., I cannot believe. As one of the commissioners who made the treaty, I feel sure that it was not so understood by them. Neither does it appear to one that the language of the section supports this construction. There are two classes excepted from the prohibition of residence, settlement, and passage. 1st persons who are designated in and authorized by the treaty itself to reside, re. 2nd such officers, agents remployes of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoinedby law. In subsequent sections the residence of an agent, a physician, a carpenter, blacksmith, farmer, engineer, miller, and school-teacher - that is to say all the employes of the Government who are usually found on Indian reservations and who reside there for the benefit of the Indians - is specifically provided for. So that it is difficult to see what officers, agents, on employees are intended by the second exception, unless it be the officials and men of the army. So far as practice under the treaty can settle the construction to be given to it, the construction which I contend for has been settled; for since April 1869. Hence military posts have been established within the reservation - nescessarily estavlished for the protedtion of the Indian agents and other employees of the Indian Bureau. And at its last session Congress appropriated thirty thousand dollars for the building of two more such posts. The construction placed upon the treaty by the Bureau of Indian Affairs, I think, must be the same as mine; for within a few days past it has asked for an escort of troops to accompany Bishop Hare into the heart of the reservation.
Again, by the eleventh article of the treaty the Indians stipulated that "they will not in the future object to the construction of railroads, wagon roads, mail stations, or other works of utility or necessity which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of the reservation, the Government will pay the tribe whatever amount of damage may be assessed".
It seems to one that the right to construct roads necessarily carries with it the right to make the surveys, reconnaissances and explorations which are the pre-requisites of their construction.
Aside from all this, can it be supposed that it was the intent of the treaty to set apart in the heart of the national territory, a district nearly as great as the largest state east of the Mississippi river; twothirds as large as the combined area of the six New England states, without which the Government should be forbidden to exercise the power, which it everywhere else possesses, of sending its military forces where they may be required! A district which so far as military movements are concerned should be foreign territory!
The object of the expedition seems to be misunderstood both by Bishop Hare and by others. Bishop Hare in his telegrams to the Secretary of the Interior says: "We are the marauders in this case". I trust that I shall not be considered in the wanting in the respect which I know to be due to Bishop Hare, and which none would pay more cheerfully than I, when I say that I think that the term marauders is not happily chosen. A marauder is one who roves in quest of booty or plunder. Plunder is not the objectof the expedition. Neither is it sent out for the purpose of ascertaining the mineral or agricultural resources of the B;ack Hills. It seek neither gold, timber, nor arable land. It does seek routes of communication between the posts on the Missouri and those in the Department of the Platte which are west of the Black Hills and north of the Platte River. Should serious trouble arise, either with hostile bands of Sioux or with the many semi-hostile Indians who spend a portion of the year on the reservation and trouble so serious that the combined action of the garrisons in the Department of the Platte and those on the Missouri would be necessary is far from impossible - it will be very important that practicable routes through the Black Hills be known. It is the object of the expedition to find them.
With the exception of the two geologists, a few two???, I think - correspondents of the newspapers, no persons, except employee's of the Government have been permitted to accompany the troops. The geologists were permitted to go at the reqest of Professor March of Yale College. It is understood that their special object is the Paleontology of the region in questios.
Alfred H. Terry
Brigadier General
Commanding
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5th Endorsement
Headquarters Military Division of the Missouri
Chicago, July 3oth, 1874

Respectfully returned to the Headqurters of the Army, inviting attention to Brig. General Terry's endorsement hereon.
P. H. Sheridan
Lieutenant General Commanding
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Hd. Qrs. of the Army
Washington, Aug3. 1874

Respectfully returned to the Secretary of War. I also, was one of the of the Commission of the Treaty of 1868. And again with General Terry that it was not intended to exclude him.