Treaty with The Nez Percés
August 13, 1868
Whereas certain amendments are desired by the Nez Percé
tribe of Indians to their treaty concluded at the council
ground in the valley of the Lapwai, in the Territory of Washington,
on the ninth day of June, in the year of our Lord one thousand
eight hundred and sixty-three; and whereas the United States
are willing to assent to said amendments; it is therefore
agreed by and between Nathaniel G. Taylor, commissioner, on
the part of the United States, thereunto duly authorized,
and Lawyer, Timothy, and Jason, chiefs of said tribe, also
being thereunto duly authorized, in manner and form following,
that is to say:
Article 1.
That all lands embraced within the limits of the tract set
apart for the exclusive use and benefit of said Indians by
the 2d article of said treaty of June 9th, 1863, which are
susceptible of cultivation and suitable for Indian farms,
which are not now occupied by the United States for military
purposes, or which are not required for agency or other buildings
and purposes provided for by existing treaty stipulations,
shall be surveyed as provided in the 3d article of said treaty
of June 9th, 1863, and as soon as the allotments shall be
plowed and fenced, and as soon as schools shall be established
as provided by existing treaty stipulations, such Indians
now residing outside the reservation as may be decided upon
by the agent of the tribe and the Indians themselves, shall
be removed to and located upon allotments within the reservation:
Provided, however, That in case there should not be a sufficient
quantity of suitable land within the boundaries of the reservation
to provide allotments for those now there and those residing
outside the boundaries of the same, then those residing outside,
or as many thereof as allotments cannot be provided for, may
remain upon the lands now occupied and improved by them, provided,
that the land so occupied does not exceed twenty acres for
each and every male person who shall have attained the age
of twenty-one years or is the head of a family, and the tenure
of those remaining upon lands outside the reservation shall
be the same as is provided in said 3d article of said treaty
of June 9th, 1863, for those receiving allotments within the
reservation; and it is further agreed that those now residing
outside of the boundaries of the reservation and who may continue
to so reside shall be protected by the military authorities
in their rights upon the allotments occupied by them, and
also in the privilege of grazing their animals upon surrounding
unoccupied lands.
Article 2.
It is further agreed between the parties hereto that the
stipulations contained in the 8th article of the treaty of
June 9th, 1863, relative to timber, are hereby annulled as
far as the same provides that the United States shall be permitted
to use thereof in the maintaining of forts or garrisons, and
that the said Indians shall have the aid of the military authorities
to protect the timber upon their reservation, and that none
of the same shall be cut or removed without the consent of
the head-chief of the tribe, together with the consent of
the agent and superintendent of Indian affairs, first being
given in writing, which written consent shall state the part
of the reservation upon which the timber is to be cut, and
also the quantity, and the price to be paid therefor.
Article 3.
It is further hereby stipulated and agreed that the amount
due said tribe for school purposes and for the support of
teachers that has not been expended for that purpose since
the year 1864, but has been used for other purposes, shall
be ascertained and the same shall be re-imbursed to said tribe
by appropriation by Congress, and shall be set apart and invested
in United States bonds and shall be held in trust by the United
States, the interest on the same to be paid to said tribe
annually for the support of teachers.
In testimony whereof the said Commissioner on the part of
the United States and the said chiefs representing said Nez
Percé tribe of Indians have hereunto set their hands
and seals this 13th day of August, in the year of our Lord
one thousand eight hundred and sixty-eight, at the city of
Washington, D. C.
- N. G. Taylor, [L. S.] Commissioner Indian Affairs.
- Lawyer, Head Chief Nez Percés. [L. S.]
- Timothy, his x mark, Chief. [L. S.]
- Jason, his x mark, Chief. [L. S.]
In presence of-
- Charles E. Mix.
- Robert Newell, United States Agent.
- W. R. Irwin.
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