Treaty with The Tribes of Middle Oregon
June 25, 1855
Articles of agreement and convention made and concluded
at Wasco, near the Dalles of the Columbia River, in Oregon
Territory, by Joel Palmer, superintendent of Indian affairs,
on the part of the United States, and the following-named
chiefs and head-men of the confederated tribes and bands of
Indians, residing in Middle Oregon, they being duly authorized
thereto by their respective bands, to wit: Symtustus, Locks-quis-sa,
Shick-a-me, and Kuck-up, chiefs of the Taih or Upper De Chutes
band of Walla - Wallas; Stocket-ly and Iso, chiefs of the
Wyam or Lower De Chutes band of Walla - Wallas; Alexis and
Talkish, chiefs of the Tenino band of Walla - Wallas; Yise,
chief of the Dock-Spus or John Day's River band of Walla-Wallas;
Mark, William Chenook, and Cush-Kella, chiefs of the Dalles
band of the Wascoes; Toh-simph, chief of the Ki-gal-twal-la
band of Wascoes; and Wal-la-chin, chief of the Dog River band
of Wascoes.
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 in the middle of the Columbia River, at the Cascade
Falls, and running thence southerly to the summit of the Cascade
Mountains; thence along said summit to the forty-fourth parallel
of north latitude; thence east on that parallel to the summit
of the Blue Mountains, or the western boundary of the Sho-sho-ne
or Snake country; thence northerly along that summit to a
point due east from the head-waters of Willow Creek; thence
west to the head-waters of said creek; thence down said stream
to its junction with the Columbia River; and thence down the
channel of the Columbia River to the place of beginning. Provided,
however, that so much of the country described above as is
contained in the following boundaries, shall, until otherwise
directed by the President of the United States, 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 the De Chutes
River opposite the eastern termination of a range of high
lands usually known as the Mutton Mountains; thence westerly
to the summit of said range, along the divide to its connection
with the Cascade Mountains; thence to the summit of said mountains;
thence southerly to Mount Jefferson; thence down the main
branch of De Chutes River; heading in this peak, to its junction
with De Chutes River; and thence down the middle of the channel
of said river 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 the concurrent
permission of the agent and superintendent.
The said bands and tribes agree to remove to and settle upon
the same within one year after the ratification of this treaty,
without any additional expense to the United States other
than is provided for 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 white citizens the right to enter upon and occupy as
settlers ay lands not included in said reservation, and not
actually inclosed by said Indians. Provided, however, That
prior to the removal of said Indians to said reservation,
and before any improvements contemplated by this treaty shall
have been commenced, that if the three principal bands, to
wit: the Wascopum, Tiah, or Upper De Chutes, and the Lower
De Chutes bands of Walla-Wallas shall express in council,
a desire that some other reservation may be selected for them,
that the three bands named may select each three persons of
their respective bands, who with the superintendent of Indian
affairs or agent, as may by him be directed, shall proceed
to examine, and if another location can be selected, better
suited to the condition and wants of said Indians, that is
unoccupied by the whites, and upon which the board of commissioners
thus selected may agree, the same shall be declared a reservation
for said Indians, instead of the tract named in this treaty.
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 houses for curing the same;
also the privilege of hunting, gathering roots and berries,
and pasturing their stock on unclaimed lands, in common with
citizens, is secured to them. And provided, also, Th at if
any band or bands of Indians, residing in and claiming any
portion or portions of the country in this article, shall
not accede to the terms of this treaty, then the bands becoming
parties hereunto agree to receive 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 where substantial
improvements have been made by any members of the bands being
parties to this treaty, who are compelled to abandon them
in consequence of said treaty, the same shall be valued, under
the direction of the President of the United States, and payment
made therefor; or, in lieu of said payment, improvements of
equal extent and value at their option shall be made for them
on the tracts assigned to each respectively.
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,
the several sums of money following, to wit:
Eight thousand dollars per annum for the first five years,
commencing on the first day of September, 1856, or as soon
thereafter as practicable.
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, 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 building, opening
and fencing farms, breaking land, providing teams, stock,
agricultural implements, seeds, for clothing, provisions,
and tools; for medical purposes, providing mechanics and farmers,
and for arms and ammunition.
Article 3.
The United States agree to pay said Indians the additional
sum of fifty thousand dollars, a portion whereof shall be
applied to the payment for such articles as may be advanced
them at the time of signing this treaty, and in providing,
after the ratification thereof and prior to their removal,
such articles as may be deemed by the President essential
to their want; for the erection of buildings on the reservation,
fencing and opening farms; for the purchase of teams, farming
implements, clothing and provisions, tools, seeds, and for
the payment of employees; and for subsisting the Indians the
first year after their removal.
Article 4.
In addition to the considerations specified the United States
agree to erect, at suitable points on the reservation, one
sawmill and one flouring-mill; suitable hospital buildings;
one school-house; one blacksmith-shop with a tin and a gunsmith-shop
thereto attached; one wagon and ploughmaker shop; and for
one sawyer, one miller, one superintendent of farming operations,
a farmer, a physician, a school-teacher, a blacksmith, and
a wagon and ploughmaker, a dwelling house and the requisite
outbuildings for each; and to purchase and keep in repair
for the time specified for furnishing employees all necessary
mill-fixtures, mechanics' tools, medicines and hospital
stores, books and stationery for schools, and furniture for
employees.
The United States further engage to secure and pay for the
services and subsistence, for the term of fifteen years, of
one farmer, one blacksmith, and one wagon and plough maker;
and for the term of twenty years, of one physician, one sawyer,
one miller. One superintendent of farming operations, and
one school teacher.
The United States also engage to erect four dwelling-houses,
one for the head chief of the confederated bands, and one
each for the Upper and Lower De Chutes bands of Walla-Wallas,
and for the Wascopum band of Wascoes, and to fence and plough
for each of the said chiefs ten acres of land; also to pay
the head chief of the confederated bands a salary of five
hundred dollars per annum for twenty years, commencing six
months after the three principal bands named in this treaty
shall have removed to the reservation, or as soon thereafter
as a head chief should be elected: And provided, also, That
at any time when by the death, resignation, or removal of
the chief selected, there shall be a vacancy and a successor
appointed or selected, the salary, the dwelling, and improvements
shall be possessed by said successor, so long as he shall
occupy the position as head chief; so also with reference
to the dwellings and improvements provided for by this treaty
for the head chiefs of the three principal bands named.
Article 5.
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 these 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 for each additional
three members. And the President may provide 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 the 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 lands within its limits
shall have been formed, and the legislature of the State shall
remove the restrictions. Provided, however, That no State
legislature shall remove the restrictions 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, revoke the same, and if not 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 reservation.
Article 6.
The annuities of the Indians shall not be taken to pay the
debts of individuals.
Article 7.
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 said 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-defence, but submit all matters
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 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 8.
In order to prevent the evils of intemperance among said
Indians, it is hereby provided, that if any one of them shall
drink liquor to excess, or procure it for others to drink,
his or her proportion of the annuities may be withheld from
him or her for such time as the President may determine.
Article 9.
The said confederated bands agree that whensoever, 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.
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 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 twenty-fifth day of June, eighteen
hundred fifty-five.
- Joel Palmer, Superintendent of Indian Affairs, O. T. [L. S.]
Wasco:
- Mark, his x mark. [L. S.]
- William Chenook, his x mark. [L. S.]
- Cush Kella, his x mark. [L. S.]
Lower De Chutes:
- Stock-etley, his x mark. [L. S.]
- Iso, his x mark. [L. S.]
Upper De Chutes:
- Simtustus, his x mark. [L. S.]
- Locksquissa, his x mark. [L. S.]
- Shick-ame, his x mark. [L. S.]
- Kuck-up, his x mark. [L. S.]
Tenino:
- Alexsee, his x mark. [L. S.]
- Talekish, his x mark. [L. S.]
Dog River Wasco:
- Walachin, his x mark. [L. S.]
- Tah Symph, his x mark. [L. S.]
- Ash-na-chat, his x mark. [L. S.]
- Che-wot-nleth, his x mark. [L. S.]
- Te-cho, his x mark. [L. S.]
- Sha-qually, his x mark. [L. S.]
- Louis, his x mark. [L. S.]
- Yise, his x mark. [L. S.]
- Stamite, his x mark. [L. S.]
- Ta-cho, his x mark. [L. S.]
- Penop-teyot, his x mark. [L. S.]
- Elosh-kish-kie, his x mark. [L. S.]
- Am. Zelic, his x mark. [L. S.]
- Ke-chac, his x mark. [L. S.]
- Tanes Salmon, his x mark. [L. S.]
- Ta-kos, his x mark. [L. S.]
- David, his x mark. [L. S.]
- Sowal-we, his x mark. [L. S.]
- Postie, his x mark. [L. S.]
- Yawan-shewit, his x mark. [L. S.]
- Own-aps, his x mark. [L. S.]
- Kossa, his x mark. [L. S.]
- Pa-wash-ti-mane, his x mark. [L. S.]
- Ma-we-nit, his x mark. [L. S.]
- Tipso, his x mark. [L. S.]
- Jim, his x mark. [L. S.]
- Peter, his x mark. [L. S.]
- Na-yoct, his x mark. [L. S.]
- Wal-tacom, his x mark. [L. S.]
- Cho-kalth, his x mark. [L. S.]
- Pal-sta, his x mark. [L. S.]
- Mission John, his x mark. [L. S.]
- Le Ka-ya, his x mark. [L. S.]
- La-wit-chin, his x mark. [L. S.]
- Low-las, his x mark. [L. S.]
- Thomson, his x mark. [L. S.]
- Charley, his x mark. [L. S.]
- Copefornia, his x mark. [L. S.]
- Wa-toi-mettla, his x mark. [L. S.]
- Ke-la, his x mark. [L. S.]
- Pa-ow-ne, his x mark. [L. S.]
- Kuck-up, his x mark. [L. S.]
- Poyet, his x mark. [L. S.]
- Ya-wa-clax, his x mark. [L. S.]
- Tam-cha-wit, his x mark. [L. S.]
- Tam-mo-yo-cam, his x mark. [L. S.]
- Was-ca-can, his x mark. [L. S.]
- Talle Kish, his x mark. [L. S.]
- Waleme Toach, his x mark. [L. S.]
- Site-we-loch, his x mark. [L. S.]
- Ma-ni-nect, his x mark. [L. S.]
- Pich-kan, his x mark. [L. S.]
- Pouh-que, his x mark. [L. S.]
- Eye-eya, his x mark. [L. S.]
- Kam-kus, his x mark. [L. S.]
- Sim-yo, his x mark. [L. S.]
- Kas-la-chin, his x mark. [L. S.]
- Pio-sho-she, his x mark. [L. S.]
- Mop-pa-man, his x mark. [L. S.]
- Sho-es, his x mark. [L. S.]
- Ta-mo-lits, his x mark. [L. S.]
- Ka-lim, his x mark. [L. S.]
- Ta-yes, his x mark. [L. S.]
- Was-en-was, his x mark. [L. S.]
- E-yath Kloppy, his x mark. [L. S.]
- Paddy, his x mark. [L. S.]
- Sto-quin, his x mark. [L. S.]
- Charley-man, his x mark. [L. S.]
- Ile-cho, his x mark. [L. S.]
- Pate-cham, his x mark. [L. S.]
- Yan-che-woc, his x mark. [L. S.]
- Ya-toch-la-le, his x mark. [L. S.]
- Alpy, his x mark. [L. S.]
- Pich, his x mark. [L. S.]
- William, his x mark. [L. S.]
- Peter, his x mark. [L. S.]
- Ischa Ya, his x mark. [L. S.]
- George, his x mark. [L. S.]
- Jim, his x mark. [L. S.]
- Se-ya-las-ka, his x mark. [L. S.]
- Ha-lai-kola, his x mark. [L. S.]
- Pierro, his x mark. [L. S.]
- Ash-lo-wash, his x mark. [L. S.]
- Paya-tilch, his x mark. [L. S.]
- Sae-pa-waltcha, his x mark. [L. S.]
- Shalquilkey, his x mark. [L. S.]
- Wa-qual-lol, his x mark. [L. S.]
- Sim-kui-kui, his x mark. [L. S.]
- Wacha-chiley, his x mark. [L. S.]
- Chi-kal-kin, his x mark. [L. S.]
- Squa-yash, his x mark. [L. S.]
- Sha Ka, his x mark. [L. S.]
- Keaui-sene, his x mark. [L. S.]
- Che-chis, his x mark. [L. S.]
- Sche-noway, his x mark. [L. S.]
- Scho-ley, his x mark. [L. S.]
- We-ya-thley, his x mark. [L. S.]
- Pa-leyathley, his x mark. [L. S.]
- Keyath, his x mark. [L. S.]
- I-poth-pal, his x mark. [L. S.]
- S. Kolps, his x mark. [L. S.]
- Walimtalin, his x mark. [L. S.]
- Tash Wick, his x mark. [L. S.]
- Hawatch-can, his x mark. [L. S.]
- Ta-wait-cla, his x mark. [L. S.]
- Patoch Snort, his x mark. [L. S.]
- Tachins, his x mark. [L. S.]
- Comochal, his x mark. [L. S.]
- Passayei, his x mark. [L. S.]
- Watan-cha, his x mark. [L. S.]
- Ta-wash, his x mark. [L. S.]
- A-nouth-shot, his x mark. [L. S.]
- Hanwake, his x mark. [L. S.]
- Pata-la-set, his x mark. [L. S.]
- Tash-weict, his x mark. [L. S.]
- Wescha-matolla, his x mark. [L. S.]
- Chle-mochle-mo, his x mark. [L. S.]
- Quae-tus, his x mark. [L. S.]
- Skuilts, his x mark. [L. S.]
- Panospam, his x mark. [L. S.]
- Stolameta, his x mark. [L. S.]
- Tamayechotote, his x mark. [L. S.]
- Qua-losh-kin, his x mark. [L. S.]
- Wiska Ka, his x mark. [L. S.]
- Che-lo-tha, his x mark. [L. S.]
- Wetone-yath, his x mark. [L. S.]
- We-ya-lo-cho-wit, his x mark. [L. S.]
- Yoka-nolth, his x mark. [L. S.]
- Wacha-ka-polle, his x mark. [L. S.]
- Kon-ne, his x mark. [L. S.]
- Ash-ka-wish, his x mark. [L. S.]
- Pasquai, his x mark. [L. S.]
- Wasso-kui, his x mark. [L. S.]
- Quaino-sath, his x mark. [L. S.]
- Cha-ya-tema, his x mark. [L. S.]
- Wa-ya-lo-chol-wit, his x mark. [L. S.]
- Flitch Kui Kui, his x mark. [L. S.]
- Walcha Kas, his x mark. [L. S.]
- Watch-tla, his x mark. [L. S.]
- Enias, his x mark. [L. S.]
Signed in presence of -
- Wm. C. McKay, secretary of treaty, O. T.
- R. R. Thompson, Indian agent.
- R. B. Metcalfe, Indian sub-agent.
- C. Mespotie.
- John Flett, interpreter.
- Dominick Jondron, his x mark, interpreter.
- Mathew Dofa, his x mark, interpreter.
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Native American Legends A-B