Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-04-29
o + II 1 e 1 A l. =.
ANpRKw JOHNSON, President Of the UnIted
States of America
To all and sissaIGr TO Saops ht.e present: t.al!

at the 0oancil Ground in the valley of the
Lapwai, in the Territory of Washington, on
the ninth Day OF June, in the year ofour Lord
one thousand eight hundred and sixty-three,
by and between Calvin II. Hale, Charles
Hptchins, and >. ID. Howe, Commissioners.
on the part OF the United States, and Lawyer,
Ute-sin- malice cum, Ha-har ch tuesta, and
other Chiefs and Headmen of the Nez Perce
tribe OF Indians, on the part of said Indians,
and duly authorized thereto by them, which
Treaty is in the words and figures folio wing,
10 wit:
Treaty between tAe Uait,d States of America and
the NeE Perez FnGI !ns, coacILded at the COisa.
eii Ground an the valley Of the LGploGi, June
ninth, 1853. .-
Articles of agreement, made and concluded at
the Council Ground, in the valley OF the
Lap "a, w. t., n the ninth day of June.
one thousand eight hundred and sixty-three,
between the Uni ed States OF America, by &.
H. Hale, Superintendent of Indian affairs,
and Charles Hutchins and S. ID. Howe, UNI
TED States Indian agents, for the Territory of
Washington, acting on the part and in be-
half OF the United States, and the Npz Perce
Indians, by the chiefs, headmen, and dele
gates of said tribe, such articles being sup
Elementary and amendatory TO the treaty
made between the United States aud said
tribe on the 1lth day of June, 1855.
ARTICLE lsT.
he said Nez Perce tribe agree to relinquish,
and do hereby reliBqush, to the United States
the lands heretofore reserved for the use and
ceptng so much thereof as is described In ar.
ticle second, for a new reservation
ARTICLK2SD.
Ihe United States agree to reserve for a
home, and for the sole use and occupation of
said tribe, the tract of land included within
the following boundaries, to wit: Commencing
at the N. l. corner of Lake Wa ha, and run
ming thence, northeriy, TO point on the north
bank OF the Clear water river. three miles below
the mouth OF the Lapwai, thence down the
north bank OF the Clearwater TO the mouth OF
the Hatwai creek; thence due north TO a point
seven miles distant; thence. eastwardly TO n
point on the north fork of the Clear water
seven miles distant from its mouth: thence to
point on Orc Elmo creek, five miles above
us mouth tnence 10 point on the north
FORK OF the south fork Of the Clear water five
miles ABOVE Its mouth: thence to a point on the
soutn IorK OF the Clearwater. one mile above
sne orioge, on the road leading to Elk City, $50
as 10 lnclnde all the Indian farms now within
Tue iorks;) tnence In straight line, westward
ly, TO tn place of beginning
All OF which tract shall he set apart and
the above described boundaries snail be sur
Veyed and marked out for the exclusive use
ana peneht OF said trib be as an Indian reserva-
toh, nor snail any white man, excepting those
In the employ ment Of the Indian departme ent,
De permitted TO reside upon the said reserya.
ton without permission of the tribe and the
superintendent and agent; and the said tribe
agrees that so soon after the United States
snail make the necessary provisions for full
nliing the stipulaticns OF this instrument as
they can conveniently arrange their affairs,
and not to exceed one year from its ratifica,
ton, they will vacate the country hereby re-
iinqnished, and remove to and settle upon the
III,
may be hereinafter providedJ In the mean.
time II shall be lawful for them to reside upon
any ground now occupied or under cultiya-
uon Oy SAID Indians at this time. and net in.
cluded in the reservation above named And
it's provided that any substantial Improve
ment heretofore made by any Indian. such a.
nelos enclosed and cultivated, or houses
erected upon the lands hereby reIinouished
and which he may be compelled to abandon
In consequences OF this treaty, shall be valued
under the direction OF the President of the
United states, and payment therefor shall be
made In stock or IN i'm provements of an equal
value for said Indian upon the lot which may
oe assigned 10 him within the bounds of he
reserNa't ION, as he may choose. and no Indian
VIII be required 10 abandon the improvements
aioresald, now occupied by him, until said
payment or improvement shall have baen
made. And il is further provided, that n any
Indian living on any of the land hereby re-
linquished should prefer to sell his improve
1. mems 10 any white man, being legal citizen
OF the nited States. prior TO the same being
valued as aforesaid he hall be allo wed so to do
out the sale or transfer OF said improvements
snail De made In the presence of, and with the
consent and approval OF the agent or superiu-
tendent, by whom q certificate Of sale shall be
Issued TO the party purchasing, which shall
se. forth The amount of the consideration in
KIND. be fore the issue of said certificate IandI
the agent or superintendent shall be satisfied
that valuable consideration ie paid and that
tue party purchasing is OF undoubted loyalty
ment or claim made upon the improved lands
OF any Indian will be permitted, except as
herein provided. prior 10 the time specified
Tor their removal. Any sale or transfer thus
made shall be IN the stead Of payment for i'm.
rovements from the United States
ARTICLE 3RD.
Ihe President shall, Immediately after the
Iauncalon OF this Treaty, cause the bound ry
lines TO be surveyed and prop rly marked AID
established, aIrer which, so mucn OF the lands
hereby reserved as NAV be suitable for cuIti-
Nauon shall be surveyed into lots OF twenty
acres each, and every male person of the tribe
who shall have t'aiu ed he age of twenty one
years, or Is the head of a family shall have the
privilege OF locating upon one lot as a perma-
nent nome for such person, aud the lands so
surveyed shall be allotted under such rpIes
ana regulations as the Pres dent shalt prr-
SCRIBE, having such references TO their settle
ment as may secure adjoining each other the
location of the different families pertaining 10
each band, SO far as the same NAV be practI-
caoIe. Sucn rules aud regulations shall be
prescribed by the President or under mis- di-
recilon. as VIII insure 10 the family, IN case of
the death OF the head thereof the ion
az ENJOY ment OF sueh permanent home, and
ments as above shall have been completed
certificates shall be issued by the Commis-
sioher or indian AfaIrs, or under hts direc-
uon- FOR The tracts assigned in seyeraIty sy,sci-
lying the names of the indlyidua to whom
tDfE nave been as gned respecuyely and
mat sad tracts are set apart for the perpetual
ana exclusive Use and benefit of such as
slgnees ard their heirs. Until otherwise pro-
ylded by law, such tracts shall be exempt from
levy, taxation, or sale. and shall be alienabIe
Ill
10 the Uniteu States, or to persons then being
mem oers OF the Nez Perez tribe aud of Indian
blood. with the permission of the President
and under such regulations as the Secretary
OF the Interior or the Commissioner of INDIAN
Affairs shall prescribe; and II any such person i
or family shall at any time neglect or refuse to
occupy and till portion of the land so as
signed, ana on which they have located, or
snail move from place TO place, the President
may cancel the assignment, and may also
withhold from such person or family their
proportion OF the annuitiss or other payments
Que them until they shall have returned to
such permanent home, and resumed the par-
suits OF Industry; and in default Of heir re-
turn, the tract may be declared aban doned.
and thereafter assigned 10 some other pers ON
or family of such tribe. The residue OF the
land hereby reserved shall be held in common
for pasturage for the sole use and benefit of
the Indians: Prorided, however, That from
time to time. as members of the tribe may come
upon the reservation, or may become OF proper
age, after the expiration OF the time of one
year after the ratification OF this treaty, as
aforesaid, and claim the privileges granted
under this article, lots may be assigned from
the lands thus held in common, wherever tue
same may be suitable for cultivation. No
State or territorial legislature shall remove
me restriction herein provided for, without
the consent OF Congress, and no State or t.rTi-
torlal law TO that end shall be deemed yahd \
untlI the same has been specially submitted to /
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