Treaty with The Yakima
June 9, 1855
Articles of agreement and convention made and concluded
at the treaty-ground, Camp Stevens, Walla-Walla Valley, this
ninth day of June, in the year one thousand eight hundred
and fifty-fire, 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
head chiefs, chiefs, head-men, and delegates of the Yakama,
Palouse, Pisquouse, Wenatshapam, Klikatat, Klinquit, Kow-was-say-ee,
Li-ay-was, Skin-pah, Wish-ham. Shyiks, Ochechotes, Kah milt-pah,
and Se-ap-cat, confederated tribes and bands of Indians, occupying
lands hereinafter bounded and described and lying in Washington
Territory, who for the purposes of this treaty are to be considered
as one nation, under the name of "Yakama," with
Kamaiakun as its head chief, on behalf of and acting for said
tribes and bands, and being duly authorized thereto by them.
Article 1.
The aforesaid confederated tribes and bands of Indians hereby
cede, relinquish, and convey to the United States all their
right, title, and interest in and to the lands and country
occupied and claimed by them, and bounded and described as
follows, to wit:
Commencing at Mount Ranier, thence northerly along the main
ridge of the Cascade Mountains to the point where the northern
tributaries of Lake Che-lan and the southern tributaries of
the Methow River have their rise; thence southeasterly on
the divide between the waters of Lake Che-lan and the Methow
River to the Columbia River; thence, crossing the Columbia
on a true east course, to a point whose longitude is one hundred
and nineteen degrees and ten minutes, (119° 10´)
which two latter lines separate the above confederated tribes
and bands from the Oakinakane tribe of Indians; thence in
a true south course to the forty-seventh (47°) parallel
of latitude: thence east on said parallel to the main Palouse
River, which two latter lines of boundary separate the above
confederated tribes and bands from the Spokanes; thence down
the Palouse River to its junction with the Moh-hah-ne-she,
or southern tributary of the same; thence in a southesterly
direction, to the Snake River, at the mouth of the Tucannon
River, separating the above confederated tribes from the Nez
Percé tribe of Indians; thence down the Snake River
to its junction with the Columbia River; thence up the Columbia
River to the "White Banks" below the Priest's
Rapids; thence westerly to a lake called "La Lac;"
thence southerly to a point on the Yakama River called Toh-mah-luke;
thence, in a southwesterly direction, to the Columbia River,
at the western extremity of the "Big Island," between
the mouths of the Umatilla River and Butler Creek; all which
latter boundaries separate the above confederated tribes and
bands from the Walla-Walla, Cayuse, and Umatilla tribes and
bands of Indians; thence down the Columbia River to midway
between the mouths of White Salmon and Wind Rivers; thence
along the divide between said rivers to the main ridge of
the Cascade Mountains; and thence along said ridge to the
place of beginning.
Article 2.
There is, however, reserved, from the lands above ceded for
the use and occupation of the aforesaid confederated tribes
and bands of Indians, the tract of land included within the
following boundaries, to wit: Commencing on the Yakama River,
at the mouth of the Attah-nam River; thence westerly along
said Attah-nam River to the forks; thence along the southern
tributary to the Cascade Mountains; thence southerly along
the main ridge of said mountains, passing south and east of
Mount Adams, to the spur whence flows the waters of the Klickatat
and Pisco Rivers; thence down said spur to the divide between
the waters of said rivers; thence along said divide to the
divide separating the waters of the Satass River from those
flowing into the Columbia River; thence along said divide
to the main Yakama, eight miles below the mouth of the Satass
River; and thence up the Yakama River 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 and bands of Indians, 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 confederated
tribes and bands agree to remove to, and settle upon, the
same, within one year after the ratification of this treaty.
In the mean time 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 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, where
running through or bordering said reservation, is further
secured to said confederated tribes and bands of Indians,
as also the right of taking fish at all usual and accustomed
places, in common with the citizens of the Territory, and
of erecting temporary buildings for curing them; 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 and bands of
Indians, in addition to the goods and provisions distributed
to them at the time of signing this treaty, the sum of two
hundred thousand dollars, in the following manner, that is
to say: Sixty thousand dollars, to be expended under the direction
of the President of the United States, the first year after
the ratification of this treaty, in providing for their removal
to the reservation, breaking up and fencing farms, building
houses for them, supplying them with provisions and a suitable
outfit, and for such other objects as he may deem necessary,
and the remainder in annuities, as follows: For the first
five years after the ratification of the treaty, ten thousand
dollars each year, commencing September first, 1856; for the
next five years, eight thousand dollars each year; for the
next five years, six thousand dollars per year; and for the
next five years, four thousand dollars per year.
All which sums of money shall be applied to the use and benefit
of 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, two schools, erecting the necessary buildings,
keeping them in repair, and providing them with furniture,
books, and stationery, one of which shall be an agricultural
and industrial school, to be located at the agency, and to
be free to the children of the said confederated tribes and
bands of Indians, and to employ one superintendent of teaching
and two teachers; to build two blacksmiths' shops, to
one of which shall be attached a tin-shop, and to the other
a gunsmith's 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 one superintendent
of farming and two farmers, two blacksmiths, 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; 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 provided
with the necessary furniture, the building required for the
accommodation of the 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 chief of the said confederated
tribes and bands of Indians is expected, and will be called
upon to perform many services of a public character, occupying
much of his time, the United States further agree to pay to
the said confederated tribes and bands of Indians five hundred
dollars per year, for the term of twenty years after the ratification
hereof, as a salary for such person as the said confederated
tribes and bands of Indians may select to be their head chief,
to build for him at a suitable point on the reservation a
comfortable house, and properly furnish the same, and to plough
and fence ten acres of land. The said salary to be paid to,
and the said house to be occupied by, such head chief so long
as he may continue to hold that office.
And it is distinctly understood and agreed that at the time
of the conclusion of this treaty Kamaiakun is the duly elected
and authorized head chief of the confederated tribes and bands
aforesaid, styled the Yakama Nation, and is recognized as
such by them and by the commissioners on the part of the United
States holding this treaty; 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 confederated tribes and band of
Indians. Nor shall the cost of transporting the goods for
the annuity 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 portions 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 and bands of Indians 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 and bands
of Indians shall not be taken to pay the debts of individuals.
Article 8.
The aforesaid confederated tribes and bands 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 upon 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 depredations on any other Indians within the
Territory of Washington or Oregon, the same rule shall prevail
as that provided in this article in case of depredations against
citizens. And the said confederated tribes and bands of Indians
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 and bands of Indians 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 and bands of Indians, who is guilty of bringing liquor
into said reservation, or who drinks liquor, may have his
or her annuities withheld from him or her for such time as
the President may determine.
Article 10.
And provided, That there is also reserved and set apart from
the lands ceded by this treaty, for the use and benefit of
the aforesaid confederated tribes and bands, a tract of land
not exceeding in quantity one township of six miles square,
situated at the forks of the Pisquouse or Wenatshapam River,
and known as the "Wenatshapam Fishery," which said
reservation shall be surveyed and marked out whenever the
President may direct, and be subject to the same provisions
and restrictions as other Indian reservations.
Article 11.
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 chief, chiefs, headmen,
and delegates of the aforesaid confederated tribes and bands
of Indians, have hereunto set their hands and seals, at the
place and on the day and year hereinbefore written.
- ISAAC I. STEVENS, Governor and Superintendent. [L. S.]
- Kamaiakun, his x mark. [L. S.]
- Skloom, his x mark. [L. S.]
- Owhi, his x mark. [L. S.]
- Te-cole-kun, his x mark. [L. S.]
- La-hoom, his x mark. [L. S.]
- Me-ni-nock, his x mark. [L. S.]
- Elit Palmer, his x mark. [L. S.]
- Wish-och-kmpits, his x mark. [L. S.]
- Koo-lat-toose, his x mark. [L. S.]
- Shee-ah-cotte, his x mark. [L. S.]
- Tuck-quille, his x mark. [L. S.]
- Ka-loo-as, his x mark. [L. S.]
- Scha-noo-a, his x mark. [L. S.]
- Sla-kish, his x mark. [L. S.]
Signed and sealed in the presence of -
- James Doty, secretary of treaties,
- Mie. Cles. Pandosy, O. M. T.,
- Wm. C. McKay,
- W. H. Tappan, sub Indian agent, W. T.,
- C. Chirouse, O. M. T.,
- Patrick McKenzie, interpreter,
- A. D. Pamburn, interpreter,
- Joel Palmer, superintendent Indian affairs, O. T.,
- W. D. Biglow,
- A. D. Pamburn, interpreter.
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