Treaty with The Wallawalla, Cayuse
June 9, 1855
Articles of agreement and convention made and concluded
at the treaty-ground, Camp Stevens, in the Wall-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 he
purchase made of the Nez Percés 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
Priests 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 Lees 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. McKays land-claim, thence east along hi s 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 employés.
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 pe rson 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:
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.
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