TREATY MADE AND CONCLUDED THE ELEVENTH DAY OF JUNE, EIGHTEEN HUNDRED AND
FIFTY-FIVE, BY AND BETWEEN ISAAC I. STEVENS, GOVERNOR AND SUPERINTENDENT OF
INDIAN AFFAIRS FOR THE TERRITORY OF WASHINGTON, AND JOEL PALMER, SUPERINTENDENT
OF INDIAN AFFAIRS FOR OREGON TERRITORY, ON THE PART OF THE UNITED STATES, AND
THE CHIEFS, HEADMEN, AND DELEGATES OF THE NEZ PERCE TRIBE OF INDIANS, OCCUPYING
LANDS LYING PARTLY IN WASHINGTON AND PARTLY IN OREGON TERRITORIES, BETWEEN THE
CASCADE AND BITTER ROOT MOUNTAINS.
------
August, 1856. - Read the first time and referred, with the message of
the President and the accompanying documents, to the Committee on Indian
Affairs, and ordered to be printed in confidence for the use of the Senate.
------
Articles of agreement and convention made and concluded at the treaty ground,
Camp Stevens, in the Walla-Walla valley, this eleventh day of June, in the year
one thousand eight hundred and fifty-five, by and between Isaac I. Stevens,
governor and superintendent of Indian affairs for the Territory of Washington,
and Joel Palmer, superintendent of Indian affairs for Oregon Territory, on the
part of the United States, and the undersigned, chiefs, headmen, and delegates
of the Nez Perce tribe of Indians, occupying lands lying partly in Oregon and
partly in Washington Territories, between the Cascade and Bitter Root mountains,
on behalf of, and acting for, said tribe, and being duly authorized thereto by
them; it being understood that Superintendent Isaac I. Stevens assumes to treat
only with those of the above named tribe of Indians residing within the
Territory of Washington, and Superintendent Palmer with those residing
exclusively in Oregon Territory.
Article I.
The said Nez Perce tribe of Indians hereby cede, relinquish and convey to the
United States all their right, title and interest in and to the country occupied
or claimed by them, bounded and described as follows, to wit: commencing at the
source of the Wo-na-ne-she or southern tributary of the Palouse river; thence
down that river to the main Palouse; thence in a southerly direction to the
Snake river at the mouth of the Tucanon river; thence up the Tucanon to its
source in the Blue mountains; thence southerly along the ridge of the Blue
mountains; thence to a point on Grand Ronde river, midway between Grand Ronde
and the mouth of the Woll-low-how river; thence along the divide between the
waters of the Woll-low-how and Powder river; thence to the crossing of Snake
river at the mouth of Powder river; thence to the Salmon river, fifty miles
above the place known as the "crossing of the Salmon river;" thence
due north to the summit of the Bitter Root mountains; thence along the crest of
the Bitter Root mountains to the place of beginning.
Article II.
There is, however, reserved from the lands above ceded for the use and
occupation of the said tribe, and as a general reservation for other friendly
tribes and bands of Indians in Washington Territory, not to exceed the present
numbers of the Spokane, Walla-Walla, Cayuse and Umatilla tribes and bands of
Indians, the tract of land included within the following boundaries, to wit:
commencing where the Moh-ha-na-she or southern tributary of the Palouse river
flows from the spurs of the Bitter Root mountains; thence down said tributary to
the mouth of the Ti-nat-pan-up creek, thence southerly to the crossing of the
Snake river ten miles below the mouth of the Al-po-wa-wi river; thence to the
source of the Al-po-wa-wi river in the Blue mountains; thence along the crest of
the Blue mountains; thence to the crossing of the Grand Ronde river, midway
between the Grand Ronde and the mouth of the Woll-low-how river; thence along
the divide between the waters of the Woll-low-how and Powder rivers; thence to
the crossing of the Snake river fifteen miles below the mouth of the Powder
river; thence to the Salmon river above the crossing; thence by the spurs of the
Bitter Root mountains to the place of beginning.
All which tract shall be set apart, and, so far as necessary, surveyed and
marked out for the exclusive use and benefit of said tribe as an Indian
reservation; nor shall any white man, excepting those in the employment of the
Indian department, be permitted to reside upon the said reservation without
permission of the tribe and the superintendent and agent; and the said tribe
agrees to remove to and settle upon the same within one year after the
ratification of this treaty. In the meantime it shall be lawful for them to
reside upon any ground not in the actual claim and occupation of citizens of the
United States, and upon any ground claimed or occupied, if with the permission
of the owner or claimant, guarantying, however, the right to all citizens of the
United States to enter upon and occupy as settlers any lands not actually
occupied and cultivated by said Indians at this time, and not included in the
reservation above named. And provided that any substantial improvement
heretofore made by any Indian, such as fields enclosed and cultivated, and
houses erected upon the lands hereby ceded, and which he may be compelled to
abandon in consequence of this treaty, shall be valued under the direction of
the President of the United States, and payment made therefor in money, or
improvements of an equal value be made for said Indian upon the reservation, and
no Indian will be required to abandon the improvements aforesaid, now occupied
by him, until their value in money or improvements of equal value shall be
furnished him as aforesaid.
Article III.
And provided that, if necessary for the public convenience, roads may be run
through the said reservation, and, on the other hand, the right of free way with
free access from the same to the nearest public highway is secured to them, as
also the right, in common with citizens of the United States, to travel upon all
public highways. The use of the clear water and other streams flowing through
the reservation is also secured to citizens of the United States for rafting
purposes, and as public highways.
The exclusive right of taking fish in all the streams where running through
or bordering said reservation is further secured to said Indians; as also the
right of taking fish at all usual and accustomed places in common with citizens
of the Territory; and of erecting temporary buildings for curing, together with
the privilege of hunting, gathering roots and berries, and pasturing their
horses and cattle upon open and unclaimed land.
Article IV.
In consideration of the above cession, the United States agree to pay to the
said tribe, in addition to the goods and provisions distributed to them at the
time of signing this treaty, the sum of two hundred thousand dollars, in the
following manner, that is to say: sixty thousand dollars, to be expended under
the direction of the President of the United States, the first year after the
ratification of this treaty, in providing for their removal to the reserve,
breaking up and fencing farms, building houses, supplying them with provisions
and a suitable outfit, and for such other objects as he may deem necessary, and
the remainder in annuities, as follows: for the first five years after the
ratification of this treaty, ten thousand dollars each year, commencing
September 1, 1856; for the next five years, eight thousand dollars each year;
for the next five years, six thousand dollars each year, and for the next five
years, four thousand dollars each year.
All which said sums of money shall be applied to the use and benefit of the
said Indians, under the direction of the President of the United States, who may
from time to time determine, at his discretion, upon what beneficial objects to
expend the same for them. And the superintendent of Indian affairs, or other
proper officer, shall each year inform the President of the wishes of the
Indians in relation thereto.
Article V.
The United States further agree to establish, at suitable points within said
reservation, within one year after the ratification hereof, two schools,
erecting the necessary buildings, keeping the same in repair, and providing them
with furniture, books, and stationery, one of which shall be an agricultural and
industrial school, to be located at <<11>> the agency, and to be
free to the children of said tribe, and to employ one superintendent of teaching
and two teachers; to build two blacksmith's shops, to one of which shall be
attached a tin shop, and to the other a gunsmith's shop; one carpenter's shop,
one wagon and ploughmaker's shop, and to keep the same in repair, and furnished
with the necessary tools; to employ one superintendent of farming and two
farmers, two blacksmiths, one tinner, one gunsmith, one carpenter, one waggon
and ploughmaker, for the instruction of the Indians in trades, and to assist
them in the same; to erect one saw mill and one flouting mill, keeping the same
in repair, and furnished with the necessary tools and fixtures, and to employ
two millers; to erect a hospital, keeping the same in repair, and provided with
the necessary medicines and furniture, and to employ a physician; and to erect,
keep in repair, and provide with the necessary furniture the buildings required
for the accommodation of the said employes. The said buildings and
establishments to be maintained and kept in repair as aforesaid, and the
employes to be kept in service for the period of twenty years.
And in view of the fact that the head chief of the tribe is expected, and
will be called upon, to perform many services of a public character, occupying
much of his time, the United States further agree to pay to the Nez Perce tribe
five hundred dollars per year for the term of twenty years, after the
ratification hereof, as a salary for such person as the tribe may select to be
its head chief. To build for him, at a suitable point on the reservation, a
comfortable house, and properly furnish the same, and to plough and fence for
his use ten acres of land. The said salary to be paid to, and the said house to
be occupied by, such head chief so long as he may be elected to that position by
his tribe, and no longer.
And all the expenditures and expenses contemplated in this fifth article of
this treaty shall be defrayed by the United States, and shall not be deducted
from the annuities agreed to be paid to said tribe, nor shall the cost of
transporting the goods for the annuity payments be a charge upon the annuities,
but shall be defrayed by the United States.
Article VI.
The President may from time to time, at his discretion, cause the whole, or
such portions of such reservation as he may think proper, to be surveyed into
lots, and assign the same to such individuals or families of said tribe as are
willing to avail themselves of the privilege, and will locate on the same as a
permanent home, on the same terms and subject to the same regulations as are
provided in the sixth article of the treaty with the Omahas in the year 1854, so
far as the same may be applicable.
Article VII.
The annuities of the aforesaid tribe shall not be taken to pay the debts of
individuals.
Article VIII.
The aforesaid tribe acknowledge their dependence upon the government of the
United States, and promise to be friendly with all citizens thereof, and pledge
themselves to commit no depredations on the property of such citizens; and
should any one or more of them violate this pledge, and the fact be
satisfactorily proved before the agent, the property taken shall be returned, or
in default thereof, or if injured or destroyed, compensation may be made by the
government out of the annuities. Nor will they make war on any other tribe
except in self-defence, but will submit all matters of difference between them
and other Indians to the government of the United States, or its agent, for
decision, and abide thereby; and if any of the said Indians commit any
depredations on any other Indians within the Territory of Washington, the same
rule shall prevail as that prescribed in this article in cases of depredations
against citizens. And the said tribe agrees not to shelter or conceal offenders
against the laws of the United States, but to deliver them up to the authorities
for trial.
Article IX.
The Nez Perces desire to exclude from their reservation the use of ardent
spirits, and to prevent their people from drinking the same; and therefore it is
provided that any Indian belonging to said tribe who is guilty of bringing
liquor into said reservation, or who drinks liquor, may have his or her
proportion of the annuites withheld from him or her for such time as the
President may determine.
Article X.
The Nez Perce Indians having expressed in council a desire that William Craig
should contine to live with them, he having uniformly shown himself their
friend, it is further agreed that the tract of land now occupied by him, and
described in his notice to the register and receiver of the land office of the
Territory of Washington on the fourth day of June last, shall not be considered
a part of the reservation provided for in this treaty, except that it shall be
subject in common with the lands of the reservation to the operations of the
intercourse act.
Article XI.
This treaty shall be obligatory upon the contracting parties as soon as the
same shall be ratified by the President and Senate of the United States.
In testimony whereof, the said Isaac I. Stevens, governor and superintendent
of Indian affairs for the Territory of Washington, and Joel Palmer,
superintendent of Indian affairs for Oregon Territory, and the chiefs, headmen,
and delegates of the aforesaid Nez Perce tribe of Indians, have hereunto set
their hands and seals at the place, and on the day and year hereinbefore
written.
- ISAAC I. STEVENS, [l. s.]
- Governor and Superintendent for Washington Territory.
JOEL PALMER, [l. s.]
- Superintendent Indian Affairs for Oregon
Territory.
- Aleiya, or Lawyer, [l. s.] Head-chief of the Nez Perces.
- Appushwah-hite, or Looking Glass, his x mark, [l. s.]
- Joseph, his x mark, [l. s.]
- James, his x mark, [l. s.]
- Red Wolf, his x mark, [l. s.]
- Timothy, his x mark, [l. s.]
- Wate-sin-male-cun, his x mark, [l. s.]
- Spotted Eage, his x mark, [l. s.]
- Stoop-toop-nin or Cut-Hair, his x mark, [l. s.]
- Tah-moh-moh-kin, his x mark, [l. s.]
- Tippelanecbupooh, his x mark, [l. s.]
- Hah-hah-stilpilp, his x mark, [l. s.]
- Cool-cool-shua-nin, his x mark, [l. s.]
- Silish, his x mark, [l. s.]
- Toh-toh-molewit, his x mark, [l. s.]
- Tuky-in-lik-it, his x mark, [l. s.]
- Te-hole-hole-soot, his x mark, [l. s.]
- Ish-coh-tim, his x mark, [l. s.]
- Wee-as-cus, his x mark, [l. s.]
- Hah-hah-stoore-tee, his x mark, [l. s.]
- Eee-maht-sin-pooh, his x mark, [l. s.]
- Tow-wish-au-il-pilp, his x mark, [l. s.]
- Kay-kay-mass, his x mark, [l. s.]
- Speaking Eagle, his x mark, [l. s.]
- Wat-ti-wat-ti-wah-hi, his x mark, [l. s.]
- Howh-no-tah-kun, his x mark, [l. s.]
- Tow-wish-wane, his x mark, [l. s.]
- Wahpt-tah-shooshe, his x mark, [l. s.]
- Bead Necklace, his x mark, [l. s.]
- Koos-koos-tas-kut, his x mark, [l. s.]
- Levi, his x mark, [l. s.]
- Pee-oo-pe-whi-hi, his x mark, [l. s.]
- Pee-oo-pee-iecteim, his x mark, [l. s.]
- Pee-poome-kah, his x mark, [l. s.]
- Hah-hah-stlil-at-me, his x mark, [l. s.]
- Wee-yoke-sin-ate, his x mark, [l. s.]
- Wee-ah-ki, his x mark, [l. s.]
- Neealahtsin, his x mark, [l. s.]
- Suck-on-tie, his x mark, [l. s.]
- Ip-nat-tam-moose, his x mark, [l. s.]
- Jason, his x mark, [l. s.]
- Kole-kole-til-ky, his x mark, [l. s.]
- In-mat-tute-kah-ky, his x mark, [l. s.]
- Moh-see-chee, his x mark, [l. s.]
- George, his x mark, [l. s.]
- Nicke-el-it-may-ho, his x mark, [l. s.]
- Say-i-ee-ouse, his x mark, [l. s.]
- Wis-tasse-cut, his x mark, [l. s.]
- Ky-ky-soo-te-lum, his x mark, [l. s.]
- Ko-ko-whay-nee, his x mark, [l. s.]
- Kwin-to-kow, his x mark, [l. s.]
- Pee-wee-au-ap-tah, his x mark, [l. s.]
- Wee-at-tenat-il-pilp, his x mark, [l. s.]
- Pee-oo-pee-u-il-pilp, his x mark, [l. s.]
- Wah-tass-tum-mannee, his x mark, [l. s.]
- Tu-wee-si-ce, his x mark, [l. s.]
- Lu-ee-sin-kah-koose-sin, his x mark, [l. s.]
- Hah-tal-ee-kin, his x mark, [l. s.]
Signed and sealed in presence of us:
- James Doty, Sec. of Treaties, W. T.
- Wm. C. McKay, Sec. of Treaties, O.T.
- W. H. Tappan, Indian Sub-Agent.
- William Craig, Interpreter.
- A. D. Pamburn, Interpreter.
- Wm. McBean,
- Geo. C. Bomford,
- C. Chirouse, O. M. T.
- Mie. Cles. Pandosy,
- Lawrence Kip,
- W. H. Pearson.
© Nez Perce Tribe 2002
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