Treaty with The Flatheads, etc
July 16, 1855
Articles of agreement and convention made and concluded
at the treaty-ground at Hell Gate, in the Bitter Root Valley,
this sixteenth day of July, 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, on the part of the United States, and the undersigned
chiefs, head-men, and delegates of the confederated tribes
of the Flathead, Kootenay, and Upper Pend d' Oreilles
Indians, on behalf of and acting for said confederated tribes,
and being duly authorized thereto by them. It being understood
and agreed that the said confederated tribes do hereby constitute
a nation, under the name of the Flathead Nation, with Victor,
the head chief of the Fleathead tribe, as the head chief of
the said nation, and that the several chiefs, head-men, and
delegates, whose names are signed to this treaty, do hereby,
in behalf of their respective tribes, recognise Victor as
said head chief.
Article 1.
The said confederated 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 on the main ridge of the Rocky Mountains at the
forty-ninth (49th) parallel of latitude, thence westwardly
on that parallel to the divide between the Flat-bow or Kootenay
River and Clarke's Fork, thence southerly and southeasterly
along said divide to the one hundred and fifteenth degree
of longitude, (115°,) thence in a southwesterly direction
to the divide between the sources of the St. Regis Borgia
and the Coeur d' Alene Rivers, thence southeasterly and southerly
along the main ridge of the Bitter Root Mountains to the divide
between the head-waters of the Koos-koos-kee River and of
the southwestern fork of the Bitter Root River, thence easterly
along the divide separating the waters of the several tributaries
of the Bitter Root River from the waters flowing into the
Salmon and Snake Rivers to the main ridge of the Rocky Mountains,
and thence northerly along said main ridge to the place of
beginning.
Article 2.
There is, however, reserved from the lands above ceded, for
the use and occupation of the said confederated tribes, and
as a general Indian reservation, upon which may be placed
other friendly tribes and bands of Indians of the Territory
of Washington who may agree to be consolidated with the tribes
parties to this treaty, under the common designation of the
Flathead Nation, with Victor, head chief of the Flathead tribe,
as the head chief of the nation, the tract of land included
within the following boundaries, to wit:
Commencing at the source of the main branch of the Jocko
River; thence along the divide separating the waters flowing
into the Bitter Root River from those flowing into the Jocko
to a point on Clarke's Fork between the Camash and Horse Prairies;
thence northerly to, and along the divide bounding on the
west the Flathead River, to a point due west from the point
half way in latitude between the northern and southern extremities
of the Flathead Lake; thence on a due east course to the divide
whence the Crow, the Prune, the So-ni-el-em and the Jocko
Rivers take their rise, and thence southerly along said divide
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 confederated tribes 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 confederated tribes,
and the superintendent and agent. And the said confederated
tribes agree 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.
Guaranteeing 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 improvements 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 an equal value shall be furnished him as
aforesaid.
Article 3.
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 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 exclusive right of taking fish in all the streams 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 4.
In consideration of the above cession, the United States
agree to pay to the said confederated tribes of Indians, in
addition to the goods and provisions distributed to them at
the time of signing this treaty the sum of one hundred and
twenty thousand dollars, in the following manner - that is
to say: For the first year after the ratification hereof,
thirty-six thousand dollars, to be expended under the direction
of the President, in providing for their removal to the reservation,
breaking up and fencing farms, building houses for them, and
for such other objects as he may deem necessary. For the next
four years, six thousand dollars each year; for the next five
years, five thousand dollars each year; for the next five
years, four thousand dollars each year; and for the next five
years, three 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 5.
The United States further agree to establish at suitable
points within said reservation, within one year after the
ratification hereof, an agricultural and industrial school,
erecting the necessary buildings, keeping the same in repair,
and providing it with furniture, books, and stationery, to
be located at the agency, and to be free to the children of
the said tribes, and to employ a suitable instructor or instructors.
To furnish one blacksmith shop, to which shall be attached
a tin and gun shop; one carpenter's shop; one wagon and plough-maker's
shop; and to keep the same in repair, and furnished with the
necessary tools. To employ two farmers, one blacksmith, one
tinner, one gunsmith, one carpenter, one wagon and plough
maker, for the instruction of the Indians in trades, and to
assist them in the same. To erect one saw-mill and one flouring-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 the necessary furniture
the buildings required for the accommodation of said employees.
The said buildings and establishments to be maintained and
kept in repair as aforesaid, and the employees to be kept
in service for the period of twenty years.
And in view of the fact that the head chiefs of the said
confederated tribes of Indians are expected and will be called
upon to perform many services of a public character, occupying
much of their time, the United States further agree to pay
to each of the Flathead, Kootenay, and Upper Pend d'Oreilles
tribes five hundred dollars per year, for the term of twenty
years after the ratification hereof, as a salary for such
persons as the said confederated tribes may select to be their
head chiefs, and to build for them at suitable points on the
reservation a comfortable house, and properly furnish the
same, and to plough and fence for each of them ten acres of
land. The salary to be paid to, and the said houses to be
occupied by, such head chiefs so long as they may be elected
to that position by their tribes, and no longer.
And all the expenditures and expenses contemplated in this
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 tribes. Nor shall the cost of transporting the
goods for the annity payments be a charge upon the annuities,
but shall be defrayed by the United States.
Article 6.
The President may from time to time, at his discretion, cause
the whole, or such portion of such reservation as he may think
proper, to be surveyed into lots, and assign the same to such
individuals or families of the said confederated tribes 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, so far as the
same may be applicable.
Article 7.
The annuities of the aforesaid confederated tribes of Indians
shall not be taken to pay the debts of individuals.
Article 8.
The aforesaid confederated tribes of Indians 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 upon 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 jurisdiction
of the United States, the same rule shall prevail as that
prescribed in this article, in case of depredations against
citizens. And the said tribes agree not to shelter or conceal
offenders against the laws of the United States, but to deliver
them up to the authorities for trial.
Article 9.
The said confederated tribes 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 confederated tribes of Indians
who is guilty of bringing liquor into said reservation, or
who drinks liquor, 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 United States further agree to guaranty the exclusive
use of the reservation provided for in this treaty, as against
any claims which may be urged by the Hudson Bay Company under
the provisions of the treaty between the United States and
Great Britain of the fifteenth of June, eighteen hundred and
forty-six, in consequence of the occupation of a trading-post
on the Pru-in River by the servants of that company.
Article 11.
It is, moreover, provided that the Bitter Root Valley, above
the Loo-lo Fork, shall be carefully surveyed and examined,
and if it shall prove, in the judgment of the President, to
be better adapted to the wants of the Flathead tribe than
the general reservation provided for in this treaty, then
such portions of it as may be necessary shall be set apart
as a separate reservation for the said tribe. No portion of
the Bitter Root Valley, above the Loo-lo Fork, shall be opened
to settlement until such examination is had and the decision
of the President made known.
Article 12.
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 the undersigned head chiefs, chiefs and principal
men of the Flathead, Kootenay, and Upper Pend d'Oreilles tribes
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 Indian Affairs W. T.
- Victor, head chief of the Flathead Nation, his x mark. [L. S.]
- Alexander, chief of the Upper Pend d'Oreilles, his x mark. [L. S.]
- Michelle, chief of the Kootenays, his x mark. [L. S.]
- Ambrose, his x mark. [L. S.]
- Pah-soh, his x mark. [L. S.]
- Bear Track, his x mark. [L. S.]
- Adolphe, his x mark. [L. S.]
- Thunder, his x mark. [L. S.]
- Big Canoe, his x mark. [L. S.]
- Kootel Chah, his x mark. [L. S.]
- Paul, his x mark. [L. S.]
- Andrew, his x mark. [L. S.]
- Michelle, his x mark. [L. S.]
- Battiste, his x mark. [L. S.]
Kootenays.
- Gun Flint, his x mark. [L. S.]
- Little Michelle, his x mark. [L. S.]
- Paul See, his x mark. [L. S.]
- Moses, his x mark. [L. S.]
-
- James Doty, secretary.
- R. H. Lansdale, Indian Agent.
- W. H. Tappan, sub Indian Agent.
- Henry R. Crosire,
- Gustavus Sohon, Flathead Interpreter.
- A. J. Hoecken, sp. mis.
- William Craig.
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