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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (June 18, 2009)
Spilygy Tymoo, Wgi-rn Springs, Oregon Page 11 June 18, 2 0 0 9 Treaty with the Tribes o f Middle Oregon, 1855 Articles o f agreement and conven tion made and concluded at Wasco near the Dalles o f the Columbia River, in Oregon Territory, by Joel Talmer, su perintendent o f Indian affairs, on the p a rt o f the United States, and the fo l lowing-named chiefs and head-men o f the confederated tribes and bands o f In dians, residing in Middle Oregon, they being duly authorised thereto by their respective bands, to wit: Symtustus, Tocks-quis-sa, Shick-a-me, and kuck- up, chiefs o f the Taih or Upper De C hutes band o f W alla-W allas; Stocket-ly and Iso, chiefs o f the Wyam or Tower De Chutes band o f Walla- Wallas; Alexis and Talkish, chiefs o f the Tenino band o f Walla-Wallas; Yise, chief o f the Dock-Spus or John D ay’s River frand o f Walla-Wallas; Mark, William Chenook, and Cush Telia, chiefs o f the Dalles band o f the Wascoes; Toh-simph, chief o f the Ki- gal-twal-la band o f Wascoes; and Wal- la-chin, chief o f the Dog River band o f Wascoes. Article 1. T he above-named confeder ated bands o f Indians cede to the United States all their right, title, and claim to all and every part o f the country claimed by them, in cluded in the following bound aries, to wit: Commencing in the middle o f the Columbia River, at the Cas cade Falls, and running thence southerly to the summit o f the Cascade Mountains; thence along said summit to the forty-fourth parallel o f north latitude; thence east on that parallel to the sum mit o f the Blue Mountains, or the western boundary o f the Sho- sho-ne or Snake country; thence northerly along that summit to a point due east from the head-wa ters o f Willow Creek; thence west to the head-waters o f 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 o f beginning. Provided, however, that so much o f the country de scribed above as is contained in the following boundaries, shall, until otherwise directed by the President o f the United States, be set apart as a residence for said Indians, which tract for the pur poses contemplated shall be held and regarded as an Indian reser-< vation, to wit: Commencing in the middle of the channel o f the D e Chutes River opposite the eastern termi nation o f a range of high lands usually know n as the M utton Mountains; thence westerly to the summit o f said range, along the divide to its connection with the Cascade Mountains; thence to the summit of said mountains; thence southerly to M ount Jefferson; thence down the main branch of D e Chutes River; heading in this peak, to its junction w ith D e Chutes River; and thence down the middle o f the channel o f said river to the place o f beginning. All o f which tract shall be set apart, and, so far as necessary, surveyed and marked out for their exclu sive use; nor shall any white per son be permitted to reside upon the same without the concurrent permission o f the agent and su perintendent. The said bands and tribes agree to remove to and setde upon the same within one year after th*e ratification o f this treaty, without any additional expense to the United States other than is pro vided for by this treaty; and, until the expiration-of the time speci fied, the said bands shall be per mitted to occupy and reside upon the tracts now possessed by them, guaranteeing to all white citizens the right to enter upon and oc cupy as setders any lands not in eluded in said reservation, and not actually inclosed by said Indians. Provided, however, That prior to the removal o f said Indians to said res ervation, and before any improve ments contemplated by this treaty shall have been commenced, that if the three principal bands, to wit: the W ascopum , Tiah, or U pper D e Chutes, and the Lower D e Chutes bands o f Walla-Wallas shall express in council, a desire that some other reservation may be selected for them, that the three bands named may select each three persons o f their respective bands, who with the superintendent o f 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 o f said Indians, that is unoc cupied by the whites, and upon which tfie board o f commissioners thus .selected may agree, the same shall be declared a reservation for said Indians, instead o f the tract named in this treaty. 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 sta tions, in common with citizens o f the United States, and o f erecting suitable houses for curing the same; also the privilege o f hunting, gath ering roots and berries, and pastur ing their stock on unclaimed lands, in common with citizens, is secured to them. And provided, also, That if any band or bands o f Indians, re siding in and claiming any portion or portions o f the country in this article, shall not accede to the terms o f this treaty, then the bands be coming parties hereunto agree to re ceive such part o f 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 aggre gate number may have to the whole number o f Indians residing in and claiming the entire country afore said, a consideration and payment in full for the tracts in said country claimed by them. And provided, Also, T hat where substantial im provements have been made by any members o f the bands being par ties to this treaty, who are compelled to abandon them in consequence of said treaty, the same shall be valued, under the direction o f the President o f the United States, and payment made therefore; or, in lieu o f said payment, improvements o f equal extent and value at their option shall be made for them on the tracts as signed to each respectively. Article 2. In consideration of, and payment for, the country hereby ceded, the United States agree to pay the bands and tribes o f Indians claiming ter ritory and residing in said country, the several sums o f money follow ing, to wit: Eight thousand dollars per an num for the first five years, com mencing on the first day o f Septem ber, 1856, or as soon thereafter as practicable; Six thousand dollars per annum for the term o f five years next suc ceeding the first five. Four thousand dollars per annum for the term o f five years next suc ceeding the second five; and ’ Two thousand dollars per annum for the term o f five years next suc ceeding the third five. All o f w hich several sums o f money shall be expended for the use and benefit o f the confederated bands, under the direction o f the President o f the United States, who may from time to time, at his dis cretion determine what proportion thereof shall be expended for such objects as in his judgment will pro mote their well-being and advance bands as may wish to enjoy the privi lege, and locate thereon perm a nently. To a single person over twenty-one years o f age, forty acres; to a family o f two persons, sixty acres; to a family o f three and not exceeding five, eighty acres; to a family o f six persons, and not ex ceeding ten , o ne h u n d red and twenty acres and to each family over ten in number, twenty acres for each Article 3. The United States agree to pay additional three members. And the said Indians the additional sum o f President may provide such rules fifty thousand dollars, a portion and regulations as will secure to the whereof shall be applied to the pay family in case o f the death o f the m ent for such articles as may be head thereof the possession and en advanced them at the time o f sign joyment o f such permanent home ing this treaty, and in providing, af and the improvement thereon; and ter the ratification thereof and prior he may, at any time, at his discre to their removal, such articles as may tion, after such person or family has be deemed by the President essen made location on the land assigned tial to their want; for the erection as a permanent home, issue a patent o f buildings on the reservation, to such person or family for such fencing and opening farms; for the assigned land, conditioned that the purchase o f teams, farming imple tract shall not be aliened or leased m ents, clothing and provisions, for a longer term than two years and tools, seeds, and for the payment o f shall be exempt from levy, sale, or employees; and for subsisting the forfeiture, which condition shall Indians the first year after their re continue in force until a State con stitu tio n em bracing such lands moval. w ithin its limits shall have been formed, and the legislature o f the Article 4. In addition to the considerations state shall remove the restrictions, specified the United States agree to provided, however, that no State leg erect, at suitable points on the res islature shall remove the restrictions ervation, one sawmill and one flour- herein provided for w ithout the ing-mill; suitable hospital buildings; consent o f Congress. And provided, one school-house, one blacksmith- also, That if any person or family shop with a tin and a gunsmith-shop shall at any time neglect or refuse thereto attached, one wagon and to occupy or till a portion o f the ploughmakershop; and for one saw land assigned and on which they yer, one miller, one superintendent have located, or shall roam from o f farming operations, a farmer, a place to place indicating a desire to physician, A schoolteacher, a black abandon his home, the President sm ith and a w ag o n and may, if the patent shall have been ploughmaker, a dwelling house and issued, revoke ¡the same, and if not the requisite outbuildings for each; issued, cancel the assignment, and and to purchase and keep in repair may also withhold from such per for the time specified for furnish son, or family, their portion o f the ing employees all necessary mill-fix annuities, or other money due them, tures, mechanics’ tools, medicines until theyshall hayeretur nedto such and hospital stares, books and sta permanent home and. resumed the tionery for schools, and furniture pursuits o f industry, and in default o f their return the tract may be de for employees. The United States further engage clared abandoned, and thereafter as to secure and pay for the service and signed to some other person or fam subsistence, for the term o f fifteen ily o f Indians residing on said res years, o f one farmer, one black ervation. smith, and one wagon and plough maker; and for the term o f twenty Article 6. The annuities o f the Indians shall years, o f one physician, one sawyer, one miller, one superintendent o f not be taken to pay the debts o f in farming operations, and one school dividuals. teacher. The United States also engage to Article 7. T h e co n fe d erate d b an d s ac erect four dwelling-houses, one for the head chief o f the confederated knowledge their dependetice on the bands, and one each for the Upper Government o f the United States, and Lower D e Chutes bands o f and promise to be friendly with all Walla-Wallas^ and for the Wascopum the citizens thereof, and pledge band o f Wascoes, and to fence and themselves to commit no depreda plough for each o f the said chiefs tion on the property o f said citizens; ten acres o f land; also to pay the and should any one or more o f the head chief o f the confederated Indians violate this pledge, and the bands a salary o f five hundred dol fact be satisfactorily proven before lars per annum for twenty years, the agent, the property taken shall commencing six months after the be returned, os in default thereof, three principal bands named in this or if injured or destroyed, compen treaty shall have removed to the res sation may be made by the Govern ervation, or as soon thereafter as a m ent out o f their annuities, nor will head chief should be elected: And they make war on any other tribe provided, also, T h at at any time o f Indians except in self-defenses when by the death, resignation, or but submit all thatters o f difference removal o f the chief selected, there between them and other Indians to shall be a vacancy and a successor the G overnm ent o f the U nited appointed or selected, the salary, the States, or its agents for decision, and dwelling, and improvements shall be abide thereby; and if any o f the said possessed by said successors so long Indians commit any depredations as he shall occupy the position as on other Indians, the same rule shall head chief; so also with reference prevail as that prescribed in the case to the dwellings and improvements o f depredations against citizens; provided for by this treaty for the said Indians further engage to sub head chiefs o f the three principal mit to and observe all laws, rules, and regulations which may be pre bands named. scribed by the United States for the government o f said Indians. Article 5. The President may, from time to time, at his discretion, cause the Article 8. whole, or such portion as he may In order to prevent the evils o f think proper, o f the tract that may intemperance among said Indians, now or hereafter be set apart as a it is hereby provided, that if any one permanent home for these Indians, o f them shall drink liquor to excess,, to be surveyed into lots and assigned or procure it for others to drink, his to such Indians o f the confederated or her proportion o f the annuities them in civilization; for their moral im provem ent and education; for b u ilding, o p en in g and fencing farms, „breaking land, providing teams, stock, agricultural im ple ments, seeds, &c; for clothing, pro visions, and tools; for medical pur poses, providing mechanics and farm ers, and for arms and ammunition. may be withheld from him or her for such time as the President may determine. Article 9. The said confederated bands agree that whensoever, in the opinion o f the President o f the United States, the public interest may require it, that all roads, high ways, and railroads shall have the right o f way through the reser v atio n h erein designated, o r which may at any time hereafter be set apart as a reservation for said Indians. This treaty shall be obEgatory on the contracting parties as soon as the same shall be ratified by the President and Senate o f the United States. In testimony whereof, the said Joel Palmer, on the part o f the U nited States, and the under signed, chiefs, headmen, and del egates o f the said confederated bands, have hereunto set their hands and seals, this twentyfifth day o f June, eighteen hundred fifty-five. Joel Palmer, Superintendent of Indian Affairs (signing for the federal government). (The fol lowing are the tribal signatories to the treaty:) Wasco: Pouh-que. Mark. Eye-eya. WE- Eam Chenook. Kam-kus. Cush KeUa. 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-Ets. Locksquissa. Ka-lim. Shick-ame. Ta-yes. Kuck-up. Was-en-was. Tenino: E -y a th K loppy. A lexsee. Paddy. Talekish. Sto-quin. Dog River Wasco: Charley-mani. Walachin. Ile- cho. Tah Symph. Pate-cham . Ash-na-chat. Yan-che-woc. Che- wot-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. ZeEc. 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. Y aw ati-shew it. S im -kui-kui. Own-aps. Wacha-chiley. Kossa. Chi-kal-kin. Pa-wash-ti-m ane. Squa-yash. Ma-we-nit. Sha Ka. Tipso. Keaui-sene, Jim. Che-chis. Peter. Sche-noway. N a-yoct. Scho-ley. Wal-tacom. We-ya-thley. Cho-kalth. Pa-leyathley. Pal-sta. Keyath. Mission 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. K e-la. C om ochal. Pa-ow -ne. Passayei. Kuck-up. Watan-cha. Poyet. Ta-wash. Ya-wa-clax. A- n o u th -sh o t. T am -cha-w it. H anw ake. T am -m o -y o -cam . Pata-la-set. Was-ca-can. Tash- w eict. Talle K ish. W escha- matoUa. Waleme T oady 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. Q uaino-sath. Che-lo-tha. Cha-ya-tema. Wetone-yath. Wa- ya-lo-chol-wit. We-ya-lo-chol-wit. F litch K ui K ui. Y o ka-nolth. W alcha Kas. W acha-ka-polle. Watch-da. Kon-ne. Enias. Signed in presence of: Wm. C. McKay, secretary o f treaty. R. R. Thompson, Indian agent. B. B. Metcalfe, Indian sub-agent. C. Mespotie. John Flett, interpreter. Dominick Jondron, interpreter. Matthew Dofa, interpreter. ft
