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Document:
Cayuse, Umatilla, Walla Walla Treaty, 1855
12 Stat. 945
June 9, 1855
Ratified March 8, 1959
Proclaimed April 11, 1859
Articles of agreement and convention made and concluded at
the treaty-ground, Camp Stevens, in the Walla 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 purpose 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 the purchase made of the Nez
Perces 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, thence northerly
to a point on the Yakama River, called Tomah-luke, thence to Le
Lac, thence to the White Banks on to the Columbia below Priest's
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 Lee's Encampment, thence
in a line to the headwaters 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. McKay's land-claim, thence east along his 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 the.
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 band 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 employes.
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 of 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 person, 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 of 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 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:
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 on 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, [Legal Signature]
Governor and Superintendent Washington Territory.
Joel Palmer [L.S.]
Superintendent Indian Affairs, O.T. (Oregon Territory)
Pio-pio-mox-mox, his x mark [L.S.]
head chief of Walla-Wallas
Meani-teat or Pierre, his x mark [L.S.]
Weyatenatemany, his x mark [L.S.]
head chief of Umatilla
Wenap-snoot, his x mark [L.S.]
chief of Umatilla
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-quiack, 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-los, 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.]
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