The Yakima Treaty, June 9, 1855

Treaty between the United States and the Yakama Nation of Indians. Conc luded at Camp Stevens, Walla- Walla Valley, June 9, 1855. Ratified by the Senate, March 8, 1859. Proclaimed by the President of the United States, April 18, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITE D STATES OF AMERICA,

TO ALL AND SINGULAR TO WHOM TH ESE PRESENTS SHALL COME, GREETING: June 9, 1855

WHEREAS a treaty was made and concluded at th e Treaty Ground Camp Stevens, Walla-Walla Valley, on the ninth day of June, in the year one thousand eight hundred a nd fifty-five, between Isaac I. Stevens, governor, and superintendent of Indian affairs, for the Territory of Washington, on the part of the United States, and the herein after named head chief, chiefs, headmen and delegates of the Yakama, Palouse, Pisquouse, Wenatshapam, Klikatat, Klinquit, Kow-was-sayee, Li-ay-was, Skin-pah, Wish-ham, Shyiks , Oche-chotes, Kah-milt-pah, and Se-ap-cat,
confederate tribes and bands of Indians, occupying lands 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 a nd acting, for said bands and tribes, and duly authorized thereto by them; which treaty is in the words and figures following, to wit:

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 thou sand eight hundred and fifty-five, by and between Isaac I. Stevens, governor and superintendent of I ndian affairs for the Territory, of Washington, on the part of th e United States, and the undersigne d head chief, chiefs, headmen and delegates of the Yakama, Palouse, Pisquous e, Wenatshapam, Klikatat, Klinquit, Kow-wassay-ee, Li-ay-was, Skin-pah, Wish-ham, Shyi ks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, confederated tribes and bands of Indian, occ upying 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, th ence northerly along the main ri dge 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 Indian s; thence in a true south course to the forty-seventh (47) parallel of latitude; thence east on said parallel to the ma in 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 southe[a]sterly direction, to the Snake River, at the mouth of the Tucannon River, separating- the above confederated tribes from the Nez Perce tribe of Indians; thence down the Snake River to its junction with the Columbia Rive r; 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 southweste rly 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 latt er boundaries separate th e 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 th e Cascade Mountains; and thence along said ridge to the place of beginning.

ARTICLE II. There is, however, reserved, from the lands above ceded for the use and occupation of the aforesaid confederated tribes and bands of Indians, th e 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 fork s; thence along the southern trib utary 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 al ong said divide to the divide separating the waters of the Satass River from t hose 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 wh ite man, excepting those in th e 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 confed erated 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 oroccupied, if with the permission of the
owner or claimant.

Guaranteeing, however, the right to all citizens of th e United States, to enter upon and occupy as settlers any lands not actually occupied and cu ltivated by said Indians at this time, and not
included in the reservation above named.

And provided, That any substantial improvements heretofo re made by any Indian, such as fields enclosed and cultivated, and houses erected upo n the lands hereby ceded, and which he may be compelled to abandon in consequence of this trea ty, shall be valued, unde r 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 re servation. And no Indian will be required to abandon the improvements aforesaid, now occupi ed by him, until their value in money, or improvements of' an equal value shal l be furnished him as aforesaid.ARTICLE III. 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 highw ay, is secured to them; as al so the right, in common with citizens of the United States, to travel upon all public highways.

The exclusive right of taking fi sh 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 citizens of the Territory, and of erecting temporary buildings for curing them; t ogether with the privilege of hunting, gathering roots and berries, and pastur ing their horses and cattle upon open and unclaimed land.

ARTICLE IV. 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 g oods and provisions distributed to them at the time of signing this treaty, the su m of two hundred thousand dollars, in the following manner, that is to say: sixty thousand dollars, to be expended under the dir ection of the President of the United States, the first ye ar 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 Se ptember first, 1856; for the next five years, eight thousand dollars each year; for the next five years, six th ousand dollars per year; and for the next five years, four thousand per year.

All which sums of mone y 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 ob jects 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 V. 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 repa ir, and providing them with furn iture, books, and stationery, one of which shall be an agricultural and industrial school, to be locatedat the agency, and to be free
to the children of the said confederated trib es 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 ploughmaker's shop, and to keep the same in re pair 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 ploughmaker, fo r the instruction of th e 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 fi xtures; to erect a hospita l, keeping the same in repair and provided with the necessary medicine s and furniture, and to employ a physician; and to erect, keep in repair, and provided with the necessary furniture, the buildings required for the accommodation of the said employees. The said build ings 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 confederatedtribes and bands of Indians is expected, and will be called upon, to perform ma ny 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 y ears after the ratification hereof, as a salary for such person as the said confederat ed tribes and bands of Indians may select to be their head chief; to build for him at a suitab le point on the reservati on 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 occupi ed 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 th e conclusion of this treaty Kamaiakun is the duly elected and authorized headchief 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 annui ties agreed to be paid to saidconfederated tribes and bands
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 VI. 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 VII. The annuities of the aforesai d confederated tribes and bands of Indians shall not be taken to pay the de bts of individuals.

ARTICLE VIII. The aforesaid confederated tribes and bands of Indians acknowledge their dependence upon the government of the United St ates, 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 th em violate this pledge, and th e fact be satisfactorily proved before the agent, the property taken shall be retu rned, or in default thereof, or if injured or destroyed, compensation may be made by th e government out of the annuities.

Nor will they make war upon any other tribe, excep t 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 th e 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. A nd the said confederated tribes and band 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 IX. 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 a ny Indian belonging to said conf ederated tribes and bands of Indians, who is guilty of bringing liquor into said reserv ation, or who drinks liquor, may have his
or her annuities withheld from him or her fo r such time as the President may determine.

ARTICLE X. And provided , That there is also reserved a nd set apart from the lands ceded by this treaty, for the use and benef it of the aforesaid confederated tribes and bands, a tract of land not exceeding in quantity one township of six mile s square, situated at the forks of the Pisquouse or Wenatshapam River, and known as the "Wenatsh apam fishery," which sa id reservation shall be surveyed and marked out whenever the pres ident may direct, and be subject to the same provisions and restric tions as other Indi an reservations.

ARTICLE XI. 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.