Treaty of Walla Walla
9th June 1855
Articles of agreement and convention made and concluded at the
treatyground, Camp Stevens, in the Walla-Walla Valley, this ninth
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, head-men, and
delegates of the Walla-Wallas, Cayuses, and Umatilla tribes, and
bands of Indians, occupying lands partly in Washington and partly
in Oregon Territories, and who, for the purposes of this treaty,
are to be regarded as one nation acting for and in behalf of their
respective bands and tribes, they being duly authorized thereto;
it being understood that Superintendent I. I. Stevens assumes to
treat with that portion of the above-named bands and tribes residing
within the Territory of Washington, and Superintendent Palmer with
those residing within Oregon.
Article 1
The above-named confederated bands of Indians cede to the United
States all their right, title, and claim to all and every part of
the country claimed by them included in the following boundaries,
to wit: Commencing at the mouth of the Tocannon River, in Washington
Territory, running thence up said river to its source; thence easterly
along the summit of the Blue Mountains, and on the southern boundaries
of the purchase made of the Nez Perces Indians, and easterly along
that boundary to the western limits of the country claimed by the
Shoshonees or Snake Indians; thence southerly along that boundary
(being the waters of Powder River) to the source of Powder River,
thence to the head-waters of Willow Creek, thence down Willow Creek
to the Columbia River, thence up the channel of the Columbia River
to the lower end of a large island below the mouth of Umatilla River,
thence northerly to a point on the Yakama River, called Tomah-luke,
thence to Le Lac, thence to the White Banks on the Columbia below
Priest's Rapids, thence down the Columbia River to the junction
of the Columbia and Snake Rivers, thence up the Snake River to the
place of beginning: Provided, however, That so much of the country
described above as is contained in the following boundaries shall
be set apart as a residence for said Indians, which tract for the
purposes contemplated shall be held and regarded as an Indian reservation;
to wit: Commencing in the middle of the channel of Umatilla River
opposite the mouth of Wild Horse Creek, thence up the middle of
the channel of said creek to its source, thence southerly to a point
in the Blue Mountains, known as Lee's Encampment, thence in a line
to the head-waters of Howtome Creek, thence west to the divide between
Howtome and Birch Creeks, thence northerly along said divide to
a point due west of the southwest corner of William C. McKay's land-claim,
thence east along his line to his southeast corner, thence in a
line to the place of beginning; all of which tract shall be set
apart and, so far as necessary, surveyed and marked out for their
exclusive use; nor shall any white person be permitted to reside
upon the same without permission of the agent and superintendent.
The said tribes and bands agree to remove to and settle upon the
same within one year after the ratification of this treaty, without
any additional expense to the Government other than is provided
by this treaty, and until the expiration of the time specified,
the said bands shall be permitted to occupy and reside upon the
tracts now possessed by them, guaranteeing to all citizen(s) of
the United States, the right to enter upon and occupy as settlers
any lands not actually enclosed by said Indians: Provided, also,
That the exclusive right of taking fish in the streams running through
and bordering said reservation is hereby secured to said Indians,
and at all other usual and accustomed stations in common with citizens
of the United States, and of erecting suitable buildings for curing
the same; the privilege of hunting, gathering roots and berries
and pasturing their stock on unclaimed lands in common with citizens,
is also secured to them. And provided, also, That if any band or
bands of Indians, residing in and claiming any portion or portions
of the country described in this article, shall not accede to the
terms of this treaty, then the bands becoming parties hereunto agree
to reserve such part of the several and other payments herein named,
as a consideration for the entire country described as aforesaid,
as shall be in the proportion that their aggregate number may have
to the whole number of Indians residing in and claiming the entire
country aforesaid, as consideration and payment in full for the
tracts in said country claimed by them. And provided, also, That
when substantial improvements have been made by any member of the
bands being parties to this treaty, who are compelled to abandon
them in consequence of said treaty, (they) shall be valued under
the direction of the President of the United States, and payment
made therefor.
Article 2
In consideration of and payment for the country hereby ceded, the
United States agree to pay the bands and tribes of Indians claiming
territory and residing in said country, and who remove to and reside
upon said reservation, the several sums of money following, to wit:
eight thousand dollars per annum for the term of five years, commencing
on the first day of September, 1856; six thousand dollars per annum
for the term of five years next succeeding the first five; four
thousand dollars per annum for the term of five years next succeeding
the second five, and two thousand dollars per annum for the term
of five years next succeeding the third five; all of which several
sums of money shall be expended for the use and benefit of the confederated
bands herein named, under the direction of the President of the
United States, who may from time to time at his discretion, determine
what proportion thereof shall be expended for such objects as in
his judgment will promote their well-being, and advance them in
civilization, for their moral improvement and education, for buildings,
opening and fencing farms, breaking, land, purchasing teams, wagons,
agricultural implements and seeds, for clothing, provision and tools,
for medical purposes, providing mechanics and farmers, and for arms
and ammunition.
Article 3
In addition to the articles advanced the Indians at the time of
signing this treaty, the United States agree to expend the sum of
fifty thousand dollars during the first and second years after its
ratification, for the erection of buildings on the reservation,
fencing and opening farms, for the purchase of teams, farming implements,
clothing, and provisions, for medicines and tools, for the payment
of employes, and for subsisting the Indians the first year after
their removal.
Article 4
In addition to the consideration above specified, the United States
agree to erect, at suitable points on the Reservation, one saw-mill,
and one flouring-mill, a building suitable for a hospital, two school-houses,
one blacksmith shop, one building for wagon and plough maker and
one carpenter and joiner shop, one dwelling for each, two millers,
one farmer, one superintendent of farming operations, two school-teachers,
one blacksmith, one wagon and plough maker, one carpenter and joiner,
to each of which the necessary out-buildings. To purchase and keep
in repair for the term of twenty years all necessary mill fixtures
and mechanical tools, medicines and hospital stores, books and stationery
for schools, and furniture for employes.
The United States further engage to secure and pay for the services
and subsistence, for the term of twenty years, (of) one superintendent
of farming operations, one farmer, one blacksmith, one wagon and
plough maker, one carpenter and joiner, one physician, and two school-teachers.
Article 5
The United States further engage to build for the head chiefs of
the Walla-Walla, Cayuse, and Umatilla bands each one dwelling-house,
and to plough and fence ten acres of land for each, and to pay to
each five hundred dollars per annum in cash for the term of twenty
years. The first payment to the Walla-Walla chief to commence upon
the signing of this treaty. To give to the Walla-Walla chief three
yoke of oxen, three yokes and four chains, one wagon, two ploughs,
twelve hoes, twelve axes, two shovels, and one saddle and bridle,
one set of wagon-harness, and one set of plough-harness, within
three months after the signing of this treaty.
To build for the son of Pio-pio-mox-mox one dwelling-house, and
plough and fence five acres of land, and to give him a salary for
twenty years, one hundred dollars in cash per annum, commencing
September first, eighteen hundred and fifty-six. The improvement
named in this section to be completed as soon after the ratification
of this treaty as possible.
It is further stipulated that Pio-pio-mox-mox is secured for the
term of five years, the right to build and occupy a house at or
near the mouth of Yakama River, to be used as a trading-post in
the sale of his bands of wild cattle ranging in that district: And
provided, also, That in consequence of the immigrant wagon-road
from Grand Round to Umatilla, passing through the reservation herein
specified, thus leading to turmoils and disputes between Indians
and immigrants, and as it is known that a more desirable and practicable
route may be had to the south of the present road, that a sum not
exceeding ten thousand dollars shall be expended in locating and
opening a wagon-road from Powder River or Grand Round, so as to
reach the plain at the western base of the Blue Mountain, south
of the southern limits of said reservation.
Article 6
The President may, from time to time at his discretion cause the
whole or such portion as he may think proper, of the tract that
may now or hereafter be set apart as a permanent home for those
Indians, to be surveyed into lots and assigned to such Indians of
the confederated bands as may wish to enjoy the privilege, and locate
thereon permanently, to a single person over twenty-one years of
age, forty acres, to a family of two persons, sixty acres, to a
family of three and not exceeding five, eighty acres; to a family
of six persons and not exceeding ten, one hundred and twenty acres;
and to each family over ten in number, twenty acres to each additional
three members; and the President may provide for such rules and
regulations as will secure to the family in case of the death of
the head thereof, the possession and enjoyment of such permanent
home and improvement thereon; and he may at any time, at his discretion,
after such person or family has made location on the land assigned
as a permanent home, issue a patent to such person or family for
such assigned land, conditioned that the tract shall not be aliened
or leased for a longer term than two years, and shall be exempt
from levy, sale, or forfeiture, which condition shall continue in
force until a State constitution, embracing such land within its
limits, shall have been formed and the legislature of the State
shall remove the restriction: Provided, however, That no State legislature
shall remove the restriction herein provided for without the consent
of Congress: And provided, also, That if any person or family, shall
at any time, neglect or refuse to occupy or till a portion of the
land assigned and on which they have located, or shall roam from
place to place, indicating a desire to abandon his home, the President
may if the patent shall have been issued, cancel the assignment,
and may also withhold from such person or family their portion of
the annuities or other money due them, until they shall have returned
to such permanent home, and resumed the pursuits of industry, and
in default of their return the tract may be declared abandoned,
and thereafter assigned to some other person or family of Indians
residing on said reservatio: And provided, also, That the head chiefs
of the three principal bands, to wit, Pio-pio-mox-mox, Weyatenatemany,
and Wenap-snoot, shall be secured in a tract of at least one hundred
and sixty acres of land.
Article 7
The annuities of the Indians shall not be taken to pay the debts
of individuals.
Article 8
The confederated bands acknowledge their dependence on the Government
of the United States and promise to be friendly with all the citizens
thereof, and pledge themselves to commit no depredation on the property
of such citizens, and should any one or more of the Indians violate
this pledge, and the fact be satisfactorily proven 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 their annuities; nor will they make war on any other tribe
of Indians except in self-defense, but submit all matter of difference
between them and other Indians, to the Government of the United
States or its agents for decision, and abide thereby; and if any
of the said Indians commit any depredations on other Indians, the
same rule shall prevail as that prescribed in the article in case
of depredations against citizens. Said Indians further engage to
submit to and observe all laws, rules, and regulations which may
be prescribed by the United States for the government of said Indians.
Article 9
In order to prevent the evils of intemperance among said Indians,
it is hereby provided that if any one of them shall drink liquor,
or procure it for others to drink, (such one) may have his or her
proportion of the annuities withheld from him or her for such time
as the President may determine.
Article 10
The said confederated bands agree that, whenever in the opinion
of the President of the United States the public interest may require
it, that all roads highways and railroads shall have the right of
way through the reservation herein designated or which may at any
time hereafter be set apart as a reservation for said Indians.
Article 11
This treaty shall be obligatory on 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 I. I. Stevens and Joel Palmer, on
the part of the United States, and the undersigned chiefs, headmen,
and delegates of the said confederated bands, have hereunto set
their hands and seals, this ninth day of June, eighteen hundred
and fifty-five.
- Isaac I. Stevens, (L.S.)
- Governor and Superintendent Washington Territory.
- Joel Palmer, (L.S.)
- Superintendent Indian Affairs, O.T.
- Pio-pio-mox-mox, his x mark, head chief of Walla-Wallas. (L.S.)
- Meani-teat or Pierre, his x mark. (L.S.)
- Weyatenatemany, his x mark, head chief of Cayuses. (L.S.)
- Wenap-snoot, his x mark, head chief of Umatilla. (L.S.)
- Kamaspello, his x mark. (L.S.)
- Steachus, his x mark. (L.S.)
- Howlish-wampo, his x mark. (L.S.)
- Five Crows, his x mark. (L.S.)
- Stocheania, his x mark. (L.S.)
- Mu-howlish, his x mark. (L.S.)
- Lin-tin-met-cheania, his x mark. (L.S.)
- Petamyo-mox-mox, his x mark. (L.S.)
- Watash-te-waty, his x mark. (L.S.)
- She-yam-na-kon, his x mark. (L.S.)
- Qua-chim, his x mark. (L.S.)
- Te-walca-temany, his x mark. (L.S.)
- Keantoan, his x mark. (L.S.)
- U-wait-quaick, his x mark. (L.S.)
- Tilch-a-waix, his x mark. (L.S.)
- La-ta-chin, his x mark. (L.S.)
- Kacho-rolich, his x mark. (L.S.)
- Kanocey, his x mark. (L.S.)
- Som-na-howlish, his x mark. (L.S.)
- Ta-we-way, his x mark. (L.S.)
- Ha-hats-me-cheat-pus, his x mark. (L.S.)
- Pe-na-cheanit, his x mark. (L.S.)
- Ha-yo-ma-kin, his x mark. (L.S.)
- Ya-ca-lox, his x mark. (L.S.)
- Na-kas, his x mark. (L.S.)
- Stop-cha-yeou, his x mark. (L.S.)
- He-yeau-she-keaut, his x mark. (L.S.)
- Sha-wa-way, his x mark. (L.S.)
- Tam-cha-key, his x mark. (L.S.)
- Te-na-we-na-cha, his x mark. (L.S.)
- Johnson, his x mark. (L.S.)
- Whe-la-chey, his x mark. (L.S.)
Signed in the presence of - -
- James Doty, secretary treaties.
- Wm. C. McKay, secretary treaties.
- C. Chirouse, O.M.I.
- A. D. Pamburn, interpreter.
- John Whitford, his x mark, interpreter.
- Mathew Dofa, his x mark, interpreter.
- William Craig, interpreter.
- James Coxey, his x mark, interpreter.
- Patrick McKenzie, interpreter.
- Arch. Gracie, jr., brevet second lieutenant, Fourth Infantry.
- R. R. Thompson, Indian agent.
- R. B. Metcalfe, Indian sub-agent.
Ratified Mar. 8, 1859.
Proclaimed Apr. 11, 1859.
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