Treaty with The Middle Oregon Tribes
November 15, 1865
Articles of agreement and convention entered into at the
Warm Springs Agency, Oregon, by J. W. Perit Huntington, sup't
Indian affairs for Oregon, on behalf of the United States,
and the undersigned, chiefs and head-men of the confederated
tribes and bands of Middle Oregon, the same being amendatory
of and supplemental to the treaty negotiated with the aforesaid
tribes on the twenty-fifth day of June, eighteen hundred and
fifty-five, and ratified by the Senate of the United States
on the eighteenth day of April, eighteen hundred and fifty-nine.
It having become evident from experience that the provision
of article 1 of the treaty of the twenty-fifth of June, A.
D. eighteen hundred and fifty-five, which permits said confederated
tribes to fish, hunt, gather berries and roots, pasture stock,
and erect houses on lands outside the reservation, and which
have been ceded to the United States, is often abused by the
Indians to the extent of continuously residing away from the
reservation, and is detrimental to the interests of both Indians
and whites; therefore it is hereby stipulated and agreed that
all the rights enumerated in the third proviso of the first
section of the before-mentioned treaty of the twenty-fifth
of June, eighteen hundred and fifty-five - that is to say,
the right to take fish, erect houses, hunt game, gather roots
and berries, and pasture animals upon lands without the reservation
set apart by the treaty aforesaid - are hereby relinquished
by the confederated Indian tribes and bands of Middle Oregon,
parties to this treaty.
The tribes aforesaid covenant and agree that they will hereafter
remain upon said reservation, subject to the laws of the United
States, the regulations of the Indian Department, and the
control of the officers thereof; and they further stipulate
that if any of the members of said tribes do leave, or attempt
to leave, said reservation in violation of this treaty, they
will assist in pursuing and returning them, when called upon
to do so by the superintendent or agent in charge.
In cases which may arise which make it necessary for any
Indian to go without the boundaries of said reservation, the
superintendent or agent in charge may, in his discretion,
give to such Indian a written permit or pass, which shall
always be for a short period and the expiration definitely
fixed in said paper. Any Indian who, having gone out with
a written pass, shall remain beyond the boundaries for a longer
period than the time named in said pass, [shall] be deemed
to have violated this treaty to the same extent as if he or
she had gone without a pass.
An infraction of this treaty shall subject the Indian guilty
thereof to a deprivation of his or her share of the annuities,
and to such other punishment as the President of the United
States may direct.
It is stipulated and agreed on the part of the United States,
as a consideration for the relinquishment of the rights herein
enumerated, that the sum of three thousand five hundred dollars
shall be expended in the purchase of teams, agricultural implements,
seeds, and other articles calculated to advance said confederated
tribes in agriculture and civilization.
It is further agreed that the United States shall cause to
be alloted to each head of a family in said confederated tribes
and bands a tract of land sufficient for his or her use, the
possession of which shall be guaranteed and secured to said
family and the heirs thereof forever.
To the end that the vice of intemperance among said tribes
may be checked, it is hereby stipulated that when any members
thereof shall be known to drink ardent spirits, or to have
the same in possession, the facts shall be immediately reported
to the agent or superintendent, with the name of the person
or persons from whom the liquor was obtained; and the Indians
agree to diligently use, under the direction of the superintendent
or agent, all proper means to secure the identification and
punishment of the persons unlawfully furnishing liquor as
In testimony whereof, the said J. W. Perit Huntington, superintendent
of Indian affairs, on the part of the United States, and the
undersigned chiefs and head confederated tribes and bands
aforesaid, have hereunto, in the presence of the subscribing
witnesses and of each other, affixed our signatures and seals
on this fifteenth day of November, in the year one thousand
eight hundred and sixty-five.
- J. W. Perit Huntington, [SEAL.] Sup't Indian Affairs in Oregon, and acting Commissioner on behalf of the United States.
- Mark, head chief, his x mark. [SEAL.]
- Wm. Chinook, his x mark. [SEAL.]
- Kuck-up, his x mark. [SEAL.]
- Ponst-am-i-ne, his x mark. [SEAL.]
- Alex-zan, his x mark. [SEAL.]
- Tas-simk, his x mark. [SEAL.]
- John Mission, his x mark. [SEAL.]
- Lock-squis-squis-sa, his x mark. [SEAL.]
- Kuck-ups, his x mark. [SEAL.]
- Hote, his x mark. [SEAL.]
- I-palt-pel, his x mark. [SEAL.]
- Sin-ne-wah, his x mark. [SEAL.]
- Ump-chil-le-poo, his x mark. [SEAL.]
- Shooley, his x mark. [SEAL.]
- Tah-koo, his x mark. [SEAL.]
- Tum-tsche-cus, his x mark. [SEAL.]
- Tou-wacks, his x mark. [SEAL.]
- Hul-le-quil-la, his x mark. [SEAL.]
- Te-ah-ki-ak, his x mark. [SEAL.]
- Chok-te, his x mark. [SEAL.]
- Kootsh-ta, his x mark. [SEAL.]
Done in presence of-
- Tallax, his x mark, interpreter.
- Donald McKay, his x mark, interpreter.
- Charles Lafollett, captain, First Oregon Infantry.
- J. W. D. Gillett, school teacher.
- Myron Reaves, superintendent farming operations.
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