Treaty with The Nez Percés
June 9, 1863
Articles of agreement made and concluded at the council-ground,
in the valley of the Lapwai, W. T., on the ninth day of June,
one thousand eight hundred and sixty-three, between the United
States of America, by C. H. Hale, superintendent of Indian
affairs, and Charles Hutchins and S. D. Howe, U. S. Indian
agents for the Territory of Washington, acting on the part
and in behalf of the United States, and the Nez Percé
Indians, by the chiefs, head-men, and delegates of said tribe,
such articles being supplementary and amendatory to the treaty
made between the United States and said tribe on the 11th
day of June, 1855.
Article 1.
The said Nez Percé tribe agree to relinquish, and
do hereby relinquish, to the United States the lands heretofore
reserved for the use and occupation of the said tribe, saving
and excepting so much thereof as is described in Article II
for a new reservation.
Article 2.
The United States agree to reserve for a home, and for the
sole use and occupation of said tribe, the tract of land included
within the following boundaries, to wit: Commencing at the
northeast corner of Lake Wa-ha, and running thence, northerly,
to a point on the north bank of the Clearwater River, three
miles below the mouth of the Lapwai, thence down the north
bank of the Clearwater to the mouth of the Hatwai Creek; thence,
due north, to a point seven miles distant; thence, eastwardly,
to a point on the north fork of the Clearwater, seven miles
distant from its mouth; thence to a point on Oro Fino Creek,
five miles above its mouth; thence to a point on the north
fork of the south fork of the Clearwater, five miles above
its mouth; thence to a point on the south fork of the Clearwater,
one mile above the bridge, on the road leading to Elk City,
(so as to include all the Indian farms now within the forks;)
thence in a straight line, westwardly, to the place of beginning.
All of which tract shall be set apart, and the above-described
boundaries shall be 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 that so soon after the
United States shall make the necessary provision for fulfilling
the stipulations of this instrument as they can conveniently
arrange their affairs, and not to exceed one year from its
ratification, they will vacate the country hereby relinquished,
and remove to and settle upon the lands herein reserved for
them, (except as may be hereinafter provided.) In the meantime
it shall be lawful for them to reside upon any ground now
occupied or under cultivation by said Indians at this time,
and not included in the reservation above named. And it is
provided, that any substantial improvement heretofore made
by any Indian, such as fields inclosed and cultivated, or
houses erected upon the lands hereby relinquished, 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 therefor shall be made in stock
or in improvements of an equal value for said Indian upon
the lot which may be assigned to him within the bounds of
the reservation, as he may choose, and no Indian will be required
to abandon the improvements aforesaid, now occupied by him,
until said payment or improvement shall have been made. And
it is further provided, that if any Indian living on any of
the land hereby relinquished should prefer to sell his improvements
to any white man, being a loyal citizen of the United States,
prior to the same being valued as aforesaid, he shall be allowed
so to do, but the sale or transfer of said improvements shall
be made in the presence of, and with the consent and approval
of, the agent or superintendent, by whom a certificate of
sale shall be issued to the party purchasing, which shall
set forth the amount of the consideration in kind. Before
the issue of said certificate, the agent or superintendent
shall be satisfied that a valuable consideration is paid,
and that the party purchasing is of undoubted loyalty to the
United States Government. No settlement or claim made upon
the improved lands b any Indian will be permitted, except
as herein provided, prior to the time specified for their
removal. Any sale or transfer thus made shall be in the stead
of payment for improvements from the United States.
Article 3.
The President shall, immediately after the ratification of
this treaty, cause the boundary-lines to be surveyed, and
properly marked and established; after which, so much of the
lands hereby reserved as may be suitable for cultivation shall
be surveyed into lots of twenty acres each, and every male
person of the tribe who shall have attained the age of twenty-one
years, or is the head of a family, shall have the privilege
of locating upon one lot as a permanent home for such person,
and the lands so surveyed shall be allotted under such rules
and regulations as the President shall prescribe, having such
reference to their settlement as may secure adjoining each
other the location of the different families pertaining to
each band, so far as the same may be practicable. Such rules
and regulations shall be prescribed by the President, or under
his direction, as will insure to the family, in case of the
death of the head thereof, the possession and enjoyment of
such permanent home, and the improvements thereon. When the
assignments as above shall have been completed, certificates
shall be issued by the Commissioner of Indian Affairs, or
under his direction, for the tracts assigned in severalty,
specifying the names of the individuals to whom they have
been assigned respectively, and that said tracts are set apart
for the perpetual and exclusive use and benefit of such assignees
and their heirs. Until otherwise provided by law, such tracts
shall be exempt from levy, taxation, or sale, and shall be
alienable in fee, or leased, or otherwise disposed of, only
to the United States, or to persons then being members of
the Nez Percé tribe, and of Indian blood, with the
permission of the President, and under such regulations as
the Secretary of the Interior or the Commissioner of Indian
Affairs shall prescribe; and if any such person or family
shall at any time neglect or refuse to occupy and till a portion
of the land so assigned, and on which they have located, or
shall rove from place to place, the President may cancel the
assignment, and may also withhold from such person or family
their proportion of the annuities or other payments 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 such tribe. The
residue of the land hereby reserved shall be held in common
for pasturage for the sole use and benefit of the Indians:
Provided, however, That from time to time, as members of the
tribe may come upon the reservation, or may become of proper
age, after the expiration of the time of one year after the
ratification of this treaty, as aforesaid, and claim the privileges
granted under this article, lots may be assigned from the
lands thus held in common, wherever the same may be suitable
for cultivation. No State or territorial legislature shall
remove the restriction herein provided for, without the consent
of Congress, and no State or territorial law to that end shall
be deemed valid until the same has been specially submitted
to Congress for its approval.
Article 4.
In consideration of the relinquishment herein made the United
States agree to pay to the said tribe, in addition to the
annuities provided by the treaty of June 11, 1855, and the
goods and provisions distributed to them at the time of signing
this treaty, the sum of two hundred and sixty-two thousand
and five hundred dollars, in manner following, to wit:
First. One hundred and fifty thousand dollars, to enable the
Indians to remove and locate upon the reservation, to be expended
in the ploughing of land, and the fencing of the several lots,
which may be assigned to those individual members of the tribe
who will accept the same in accordance with the provisions
of the preceding article, which said sum shall be divided
into four annual instalments, as follows: For the first year
after the ratification of this treaty, seventy thousand dollars;
for the second year, forty thousand dollars; for the third
year, twenty-five thousand dollars; for the fourth year, fifteen
thousand dollars.
Second. Fifty thousand dollars to be paid the first year after
the ratification of this treaty in agricultural implements,
to include wagons or carts, harness, and cattle, sheep, or
other stock, as may be deemed most beneficial by the superintendent
of Indian affairs, or agent, after ascertaining the wishes
of the Indians in relation thereto.
Third. Ten thousand dollars for the erection of a saw and
flouring mill, to be located at Kamia, the same to be erected
within one year after the ratification hereof.
Fourth. Fifty thousand dollars for the boarding and clothing
of the children who shall attend the schools, in accordance
with such rules or regulations as the Commissioner of Indian
Affairs may prescribe, providing the schools and boarding-houses
with necessary furniture, the purchase of necessary wagons,
teams, agricultural implements, tools, ., for their
use, and for the fencing of such lands as may be needed for
gardening and farming purposes, for the use and benefit of
the schools, to be expended as follows: The first year after
the ratification of this treaty, six thousand dollars; for
the next fourteen years, three thousand dollars each year;
and for the succeeding year, being the sixteenth and last
instalment, two thousand dollars.
Fifth. A further sum of two thousand five hundred dollars
shall be paid within one year after the ratification hereof,
to enable the Indians to build two churches, one of which
is to be located at some suitable point on the Kamia, and
the other on the Lapwai.
Article 5.
The United States further agree, that in addition to a head
chief the tribe shall elect two subordinate chiefs, who shall
assist him in the performance of his public services, and
each subordinate chief shall have the same amount of land
ploughed and fenced, with comfortable house and necessary
furniture, and to whom the same salary shall be paid as is
already provided for the head chief in article 5 of the treaty
of June 11, 1855, the salary to be paid and the houses and
land to be occupied during the same period and under like
restrictions as therein mentioned.
And for the purpose of enabling the agent to erect said buildings,
and to plough and fence the land, as well as to procure the
necessary furniture, and to complete and furnish the house,
of the head chief, as heretofore provided, there shall be
appropriated, to be expended within the first year after the
ratification hereof, the sum of two thousand five hundred
dollars.
And inasmuch as several of the provisions of said art. 5th
of the treaty of June 11, 1855, pertaining to the erection
of school-houses, hospital, shops, necessary buildings for
employe[e]s and for the agency, as well as providing the same
with necessary furniture, tools, have not yet been complied
with, it is hereby stipulated that there shall be appropriated,
to be expended for the purposes herein specified during the
first year after the ratification hereof, the following sums,
to wit:
First. Ten thousand dollars for the erection of the two schools,
including boarding-houses and the necessary out-buildings;
said schools to be conducted on the manual-labor system as
far as practicable.
Second. Twelve hundred dollars for the erection of the hospital,
and providing the necessary furniture for the same.
Third. Two thousand dollars for the erection of a blacksmith's
shop, to be located at Kamia, to aid in the completion of
the smith's shop at the agency, and to purchase the necessary
tools, iron, steel, and to keep the same in repair and properly
stocked with necessary tools and materials, there shall be
appropriated thereafter, for the fifteen years next succeeding,
the sum of five hundred dollars each year.
Fourth. Three thousand dollars for erection of houses for
employe[e]s, repairs of mills, shops, and providing necessary
furniture, tools, and materials. For the same purpose, and
to procure from year to year the necessary articles - that
is to say, saw-logs, nails, glass, hardware, - there shall
be appropriated thereafter, for the twelve years next succeeding,
the sum of two thousand dollars each year; and for the next
three years, one thousand dollars each year.
And it is further agreed that the United States shall employ,
in addition to those already mentioned in art. 5th of the
treaty of June 11, 1855, two matrons to take charge of the
boarding-schools, two assistant teachers, one farmer, one
carpenter, and two millers.
All the expenditures and expenses contemplated in this treaty,
and not otherwise provided for, shall be defrayed by the United
States.
Article 6.
In consideration of the past services and faithfulness of
the Indian chief, Timothy, it is agreed that the United States
shall appropriate the sum of six hundred dollars, to aid him
in the erection of a house upon the lot of land which may
be assigned to him, in accordance with the provisions of the
third article of this treaty.
Article 7.
The United States further agree that the claims of certain
members of the Nez Percé tribe against the Government
for services rendered and for horses furnished by them to
the Oregon mounted volunteers, as appears by certificate issued
by W. H. Fauntleroy, A. R. Qr. M. and Com. Oregon volunteers,
on the 6th of March, 1856, at Camp Cornelius, and amounting
to the sum of four thousand six hundred and sixty-five dollars,
shall be paid to them in full, in gold coin.
Article 8.
It is also understood that the aforesaid tribe do hereby
renew their acknowledgments of dependence upon the Government
of the United States, their promises of friendship, and other
pledges, as set forth in the eighth article of the treaty
of June 11, 1855; and further, that all the provisions of
said treaty which are not abrogated or specifically changed
by any article herein contained, shall remain the same to
all intents and purposes as formerly, - the same obligations
resting upon the United States, the same privileges continued
to the Indians outside of the reservation, and the same rights
secured to citizens of the U. S. as to right of way upon the
streams and over the roads which may run through said reservation,
as are therein set forth.
But it is further provided, that the United States is the
only competent authority to declare and establish such necessary
roads and highways, and that no other right is intended to
be hereby granted to citizens of the United States than the
right of way upon or over such roads as may thus be legally
established: Provided, however, That the roads now usually
travelled shall, in the mean time, be taken and deemed as
within the meaning of this article, until otherwise enacted
by act of Congress or by the authority of the Indian Department.
And the said tribe hereby consent, that upon the public roads
which may run across the reservation there may be established,
at such points as shall be necessary for public convenience,
hotels, or stage-stands, of the number and necessity of which
the agent or superintendent shall be the sole judge, who shall
be competent to license the same, with the privilege of using
such amount of land for pasturage and other purposes connected
with such establishment as the agent or superintendent shall
deem necessary, it being understood that such lands for pasturage
are to be enclosed, and the boundaries thereof described in
the license.
And it is further understood and agreed that all ferries
and bridges within the reservation shall be held and managed
for the benefit of said tribe.
Such rules and regulations shall be made by the Commissioner
of Indian Affairs, with the approval of the Secretary of the
Interior, as shall regulate the travel on the highways, the
management of the ferries and bridges, the licensing of public
houses, and the leasing of lands, as herein provided, so that
the rents, profits, and issues thereof shall inure to the
benefit of said tribe, and so that the persons thus licensed,
or necessarily employed in any of the above relations, shall
be subject to the control of the Indian Department, and to
the provisions of the act of Congress "to regulate trade and
intercourse with the Indian tribes, and to preserve peace
on the frontiers."
All timber within the bounds of the reservation is exclusively
the property of the tribe, excepting that the U. S. Government
shall be permitted to use thereof for any purpose connected
with its affairs, either in carrying out any of the provisions
of this treaty, or in the maintaining of its necessary forts
or garrisons.
The United States also agree to reserve all springs or fountains
not adjacent to, or directly connected with, the streams or
rivers within the lands hereby relinquished, and to keep back
from settlement or entry so much of the surrounding land as
may be necessary to prevent the said springs or fountains
being enclosed; and, further, to preserve a perpetual right
of way to and from the same, as watering places, for the use
in common of both whites and Indians.
Article 9.
Inasmuch as the Indians in council have expressed their desire
that Robert Newell should have confirmed to him a piece of
land lying between Snake and Clearwater Rivers, the same having
been given to him on the 9th day of June, 1861, and described
in an instrument of writing bearing that date, and signed
by several chiefs of the tribe, it is hereby agreed that the
said Robert Newell shall receive from the United States a
patent for the said tract of land.
Article 10.
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 C. H. Hale, superintendent
of Indian affairs, and Charles Hutchins and S. D. Howe, United
States Indian agents in the Territory of Washington, 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.
- Calvin H. Hale, Superintendent Indian Affairs, Wash. T. [SEAL.]
- Chas. Hutchins, United States Indian agent, Wash. T. [SEAL.]
- S. D. Howe, United States Indian agent, Wash. T. [SEAL.]
-
- Fa-Ind-7-1803 Lawyer, Head Chief Nez Perces Nation. [SEAL.]
- Ute-sin-male-e-cum, x [SEAL.]
- Ha-harch-tuesta, x [SEAL.]
- Tip-ulania-timecca, x [SEAL.]
- Es-coatum, x [SEAL.]
- Timothy, x [SEAL.]
- Levi, x [SEAL.]
- Jason, x [SEAL.]
- Ip-she-ne-wish-kin, (Capt. John,) x [SEAL.]
- Weptas-jump-ki, x [SEAL.]
- We-as-cus, x [SEAL.]
- Pep-hoom-kan, (Noah,) x [SEAL.]
- Shin-ma-sha-ho-soot, x [SEAL.]
- Nie-ki-lil-meh-hoom, (Jacob,) x [SEAL.]
- Stoop-toop-nin, x [SEAL.]
- Su-we-cus, x [SEAL.]
- Wal-la-ta-mana, x [SEAL.]
- He-kaikt-il-pilp, x [SEAL.]
- Whis-tas-ket, x [SEAL.]
- Neus-ne-keun, x [SEAL.]
- Kul-lou-o-haikt, x [SEAL.]
- Wow-en-am-ash-il-pilp, x [SEAL.]
-
- Kan-pow-e-een, x [SEAL.]
- Watai-watai-wa-haikt, x [SEAL.]
- Kup-kup-pellia, x [SEAL.]
- Wap-tas-ta-mana, x [SEAL.]
- Peo-peo-ip-se-wat, x [SEAL.]
- Louis-in-ha-cush-nim, x [SEAL.]
- Lam-lim-si-lilp-nim, x [SEAL.]
- Tu-ki-lai-kish, x [SEAL.]
- Sah-kan-tai, (Eagle,) x [SEAL.]
- We-ah-se-nat, x [SEAL.]
- Hin-mia-tun-pin, x [SEAL.]
- Ma-hi-a-kim, x [SEAL.]
- Shock-lo-turn-wa-haikt, (Jonah,) x [SEAL.]
- Kunness-tak-mal, x [SEAL.]
- Tu-lat-sy-wat-kin, x [SEAL.]
- Tuck-e-tu-et-as, x [SEAL.]
- Nic-a-las-in, x [SEAL.]
- Was-atis-il-pilp, x [SEAL.]
- Wow-es-en-at-im, x [SEAL.]
- Hiram, x [SEAL.]
- Howlish-wampum, x [SEAL.]
- Wat-ska-leeks, x [SEAL.]
- Wa-lai-tus, x [SEAL.]
- Ky-e-wee-pus, x [SEAL.]
- Ko-ko-il-pilp, x [SEAL.]
- Reuben, Tip-ia-la-na-uy-kalatsekin, x [SEAL.]
- Wish-la-na-ka-nin, x [SEAL.]
- Me-tat-ueptas, (Three Feathers,) x [SEAL.]
- Ray-kay-mass, x [SEAL.]
Signed and sealed in presence of -
- George F. Whitworth, Secretary.
- Justus Steinberger, Colonel U. S. Volunteers.
- R. F. Malloy, Colonel Cavalry, O. V.
- J. S. Rinearson, Major First Cavalry Oregon Volunteers.
- William Kapus, First Lieutenant and Adjutant First W. T. Infantry U. S. Volunteers.
- Harrison Olmstead.
- Jno. Owen, (Bitter Root.)
- James O'Neill.
- J. B. Buker, M. D.
- George W. Elber.
- A. A. Spalding, assistant interpreter.
- Perrin B. Whitman, interpreter for the council.
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