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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (June 23, 2005)
pqge 16 Spilyay Ty moo, Warm Springs, Oregon June 23, 2005 ; Treaty ! Articles of agreement and conven- Hon made and concluded at Wasco near the Dalles of the Columbia River, in Oregon Territory, by Joel Palmer, su- jerintendent of Indian affairs, on the part of the United States, and the fol- owing-named chiefs and head-men of tbt confederated tribes and bands of Indians, residing in Middle Oregon, they being duly authorised thereto by their respective bands, to wit: Symtustus, Locks-quis-sa, Shick-a-me, and kuck- sons of their respective bands, said Indians the additional sum of twenty acres for each additional may require it, that all roads, high up, chiefs of the Taih or Upper De who with the superintendent of fifty thousand dollars, a portion three members. And the President ways, and railroads shall have the Chutes band of Walla-Wallas; Stocket-ly and Iso, chiefs of the Wyam br Lower De Chutes band of Walla- Wallas; Alexis and Talkish, chiefs of the Tenino band of Walla-Wallas; Vise, chief of the Dock-Spus or John Day's RJver band of Walla-Wallas; Mark, William Chenook, and Cush Kella, chiefs of the Dalles band of the may agree, the same shall be de Wascoes; Toh-simph, chief of the Ki- clared a reservation for said Indi- $al-twai-la band of Wascoes; and Walla-chin, chief of the Dog River band 'of Wascoes. - 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, in- eluded in the following boundaries, same; also the privilege of hunt- to erect, at suitable points on the lature of the state shall remove the Indian Affairs (signing for the fed to wit: ing, gathering roots and berries, reservation, one sawmill and one restrictions, provided, however, eral government). (The following ' Commencing in the middle of the Columbia River, at the Cas- tade Falls, and running thence southerly to the summit of the Cascade Mountains; thence along said summit to the forty-fourth parallel of north latitude; thence east on that parallel to the sum mit of the Blue Mountains, or the western boundary of the Sho-sho-ne or Snake country; thence north erly along that summit to a point due east from the head-waters of Willow Creek; thence west to the head-waters of said creek; thence down Said stream to its junction with the Columbia River; and thence down the channel of the Columbia River to the place of be- aforesaid, a consideration and pay ginning. Provided, however, that ment in full for the tracts in said so much of the country described country claimed by them. And pro above as is contained in the fol- vided, Also, That where substan- lowing boundaries, shall, until oth- erwise directed by the President of the United States, be set apart as a residence for said Indians, which tract for the purposes contem plated shall be held and regarded as an Indian reservation, to wit: Commencing in the middle of the channel of the De Chutes River opposite the eastern termination 6f a range of high lands usually known as the Mutton Mountains; thence westerly to the summit of Said range, along the divide to its connection with the Cascade Mountains; thence to the summit of said mountains; thence south erly to Mount Jefferson; thence down the main branch of De Chutes River; heading in this peak, pay the bands and tribes of Indi fo its junction with De Chutes ans claiming territory and residing River; and thence down the middle of the channel of said river 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 per mitted to reside upon the same without the concurrent permission of the agent and superintendent The said bands and tribes agree to remove to and setde upon the same within one year after the rati fication of this treaty, without any additional expense to the United States other than is provided for by this treaty; and, until the expi- ration of the time specified, the said bands shall be permitted to occupy and reside upon the tracts now possessed by them, guaran teeing to all white citizens the right to enter upon and occupy as set tlers any lands not included in said reservation, and not actually in closed by said Indians. Provided, however, That prior to the removal of said Indians to said reservation, with the Tribes of Middle Oregon, 1855 and before any improvements con- cation; for building, opening and federated bands as may wish to excess, or procure it for others to tcmplated by this treaty shall have fencing farms, breaking land, pro- enjoy the privilege, and locate drink, his or her proportion of the been commenced, that if the three viding teams, stock, agricultural thereon permanently. To a single annuities may be withheld from principal bands, to wit: the implements, seeds, &c; for cloth- person over twenty-one years of him or her for such time as the Wascopum, Tiah, or Upper De ing, provisions, and tools; for age, forty acres; to a family of two President may determine. Chutes, and the Lower De Chutes medical purposes, providing me- persons, sixty acres; to a family of bands of Walla-Wallas shall ex- press in council, a desire that some other reservation may be selected for them, that the three bands named may select each three per- Indian affairs or agent, as may by him be directed, shall proceed to examine, and if another location can be selected, better suited to the condition and wants of said In- dians, that is unoccupied by the whites, and upon which the board of commissioners thus selected ans, instead of the tract named in this treaty. Provided, also, that the exclusive right of taking fish in the streams running through and bor- dering said reservation is hereby secured to said Indians; and at all other usual and accustomed sta tions, in common with citizens of the United States, and of erecting suitable houses for curing the and pasturing their stock on un- claimed lands, in common with citizens, is secured to them. And provided, also, That if any band or bands of Indians, residing in and claiming any portion or por- dons of the country in this article, shall not accede to the terms of this treaty, then the bands becom- ing parties hereunto agree to re- ceive such part of the several and other payments herein named as a consideration for the entire coun- try described as aforesaid as shall be in the proportion that their ae- gregate number may have to the y-f whole number of Indians residing in and claiming the entire country tial improvements have been made by any members of the bands being parties to this treaty, who are compelled to abandon them in consequence of said treaty, the same shall be valued, under the direction of the Presi- dent of the United States, and pay- ment made therefore; or, in lieu of said payment, improvements of equal extent and value at their option shall be made for them on the tracts assigned to each respec tively, Article 2. In consideration of, and pay ment for, the country hereby ceded, the United States agree to in said country, the several sums of money following, to wit: Eight thousand dollars per an num for the first five years, com mencing on the first day of Sep tember, 1856, or as soon thereaf ter as practicable. Six thousarid dollars per annum for the term of five years next sue- ceeding the first five. Four thousand dollars per an- num for the term of five years next succeeding the second five; and Two thousand dollars per an- num 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 confeder - ated bands, under the direction of the President of the United States, who may from rime to time, at his discretion determine what propor- tion 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 edu- chanics and farmers, and for arms and ammunition. Article 3. The United States agree to pay whereof shall be applied to the payment for such articles as may be advanced them at the time of signing this treaty, and in provid- ing, after the ratification thereof and prior to their removal, such ar- tides as may be deemed by the President essential to their want; for the erection of buildings on the reservation, fencing and opening farms; for the purchase of teams, farming implements, clothing and provisions, tools, seeds, and for the payment of employees; and for subsisting the Indians the first year after their removal. Article 4. In addition to the considerations specified the United States agree flouring-mill; suitable hospital buildings; one school-house, one blacksmith-shop with a tin and a gunsmith-shop thereto attached, one wagon and ploughmakershop; and for one sawyer, one miller, one superintendent of farming opera- tions, a farmer, a physician, A schoolteacher, a blacksmith and a wagon and ploughmaker, a dwell- ing house and the requisite out- buildings for each; and to purchase and keep in repair for the time specified for furnishing employees all necessary mill-fixtures, mechan- ics' tools, medicines and hospital stores, books and stationery for schools, and furniture for employ ees. The United States further en gage to secure and pay for the ser vice and subsistence, for the term of fifteen years, of one farmer, one blacksmith, and one wagon and plough maker; and for the term of twenty years, of one phy- sician, one sawyer, one miller, one superintendent of farming opera tions, and one school teacher. The United States also engage to erect four dwelling-houses, one for the head chief of the confed erated bands, and one each for the Upper and Lower De Chutes bands of Walla-Wallas, and for the Wascopum band of Wascoes, and to fence and plough for each of the said chiefs ten acres of land; also to pay the head chief of the confederated bands a salary of five hundred dollars per annum for twenty years, commencing six months after the three principal bands named in this treaty shall have removed to the reservation, or as soon thereafter as a head chief should be elected: And pro vided, also, That at any time when by the death, resignation, or re moval of the chief selected, there shall be a vacancy and a succes- sor appointed or selected, the sal- ary, the dwelling, and improve- ments shall be possessed by said successors so long as he shall oc- cupy the position as head chief; so also with reference to the dwell- ings and improvements provided for by this treaty for the head chiefs of the three principal bands named. Article 5. 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 these Indians, to be surveyed into lots and as- signed to such Indians of the con- & three and not exceeding five, eighty acres; to a family of six per- sons, and not exceeding ten, one hundred and twenty acres and to each family over ten in number, may provide such rules and regu- lations as will secure to the family in case of the death of the head thereof the possession and enjoy- ment of such permanent home and the improvement thereon; and he may, at any time, at his discre- tion, after such person or family has made location on the land as- signed as a permanent home, is- sue a patent to such person or fam- ily for such assigned land, condi- tioned 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 embrac- ing such lands within its limits shall have been formed, and the legis- that no State legislature shall re- move the restrictions herein pro- vided for without the consent of Congress. And provided, also, That if any person or family shall at any time neglect or refuse to occupy or till a portion of the land as- signed and on which they have lo- cated, or shall roam from place to place indicating a desire to aban- don his home, the President may, if the patent shall have been is- sued, revoke the same, and if not issued, cancel the assignment, and may also withhold from such per- son, or family, their portion of the annuities,' or 'bther money due them, until they shall have re turned to such permanent home and resumed the pursuits of indus- cho. Tah Symph. Pate-cham. Ash try, and in default of their return na-chat. Yan-che-woc. Che-wot- the tract may be declared aban doned, and thereafter assigned to some other person or family of In- dians residing on said reservation. Article 6. The annuities of the Indians shall not be taken to pay the debts of individuals. Article 7. The confederated bands ac knowledge 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 said citizens; and should any one or more of the Indians violate this pledge, and the fact be satisfacto rily 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 In dians except in self-defenses but submit all matters 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 dep- redations on other Indians, the same rule shall prevail as that pre- scribed in the case of depredations against citizens; said Indians fur ther engage to submit to and ob serve all laws, rules, and regula tions which may be prescribed by the United States for the govern ment of said Indians. Article 8. In order to prevent the evils of intemperance among said Indians, it is hereby provided, that if any one of them shall drink liquor to Article 9. The said confederated bands agree that whensoever, in the opinion of the President of the United States, the public interest right of way through the rescrva- tion herein designated, or which may at any time hereafter be set apart as a reservation for said In- dians. 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 Joel Palmer, on the part of the United States, and the under- signed, chiefs, headmen, and del- egates of the said confederated bands, have hereunto set their hands and seals, this twentyfifth day of June, eighteen hundred fifty-five, Joel Palmer, Superintendent of are the tribal signatories to the treaty:) Wasco: Pouh-que. Mark. Eye-eya. Wil liam Chenook. Kam-kus. Cush Kella. Sim-yo. Lower De Chutes: Kas-la-chin. Stock-etley. Pio-sho-she. Iso. Mop-pa-man. Upper De Chutes: Sho-es. Simtustus. Ta-mo-lits. Locksquissa. Ka-lim. Shick-ame. Ta-yes. Kuck-up. Was-en-was. Tenino: E-yath Kloppy. Alexsee. Paddy. Talekish. Sto-quin. ' Dog River Wasco: Charley-man. Walachin. Ile- nleth. Ya-toch-la-le. Te-cho. Alpy. Sha-qually. Pich. Louis. William. Yise. Peter. Stamite. Ischa Ya. Ta cho. George. Penop-teyot. Jim. Elosh-kish-kie. Se-ya-las-ka. Am. Zelic. Ha-lai-kola. Ke-chac. Pierro. Tanes Salmon. Ash-lo-wash. Ta-kos. Paya-tilch. David. Sae-pa-waltcha. Sowal-we. Shalquilkey. Postie. Wa-qual-lol. Yawan-shewit. Sim-kui-kui. Own aps. Wacha-chiley. Kossa. Chi-kal- kin. Pa-wash-ti-mane. Squa-yash. Ma-we-nit. Sha Ka. Tipso. Keaui sene. Jim. Che-chis. Peter. Sche noway. Na-yoct. Scho-ley. Wal tacom. We-ya-thley. Cho-kalth. Pa-leyathley. Pal-sta. Keyath. Mis sion John. I-poth-pal. Le Ka-ya. S. Kolps. La-wit-chin. Walimtalin. Low-las. Tash Wick. Thomson. Hawatch-can. Charley. Ta-wait-cla. Copefornia. Patoch Snort. Wa-toi-mettla. Tachins. Ke-la. Comochal. Pa-ow-ne. Passayei. Kuck-up. Watan-cha. Poyet. Ta wash. Ya-wa-clax. A-nouth-shot. Tam-cha-wit. Hanwake. Tam-mo-yo-cam. Pata-la-set. Was-ca-can. Tash-weict. Talle Kish. Wescha matolla. Waleme Toach. Chle-mochle-mo. Site-we-loch. Quae tus. Ma-ni-nect. Skuilts. Pich-kan. Panospam. Stolameta. Ash-ka-wish. Tamayechotote. Pasquai. Qua-losh-kin. Wasso-kui. Wiska Ka. Quaino-sath. Che-lo-tha. Cha- ya-tema. Wetone-yath. Wa-ya-lo- chol-wit. We-ya-lo-chol-wit. Flitch Kui Kui. Yoka-nolth. Walcha Kas. Wacha-ka-polle. Watch-tla. Kon ne. Enias. Signed in presence of: Wra C. McKay, secretary of treaty. R. R. Thompson, Indian agent. B. B. Metcalfe, Indian sub-agent. C. Mespotie. John Flett, interpreter. Dominick Jondron, interpreter. Matthew Dofa, interpreter.
