Spilyay Tymoo, Warm Springs, Oregon
July 1, 2020
Page 7
The Treaty: Just turned 165
(Continues from page 5)
Article 3. The United
States agree to pay said In-
dians the additional sum of
fifty thousand dollars, a por-
tion whereof shall be ap-
plied to the payment for
such articles as may be ad-
vanced them at the time of
signing this treaty, and in
providing, after the ratifica-
tion thereof and prior to
their removal, such articles
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, cloth-
ing and provisions, tools,
seeds, and for the payment
of employees; and for sub-
sisting the Indians the first
year after their removal.
Article 4. In addition to
the considerations specified
the United States agree to
erect, at suitable points on
the reservation, one sawmill
and one flouring-mill; suit-
able hospital buildings; one
school-house; one black-
smith-shop with a tin and a
gunsmith-shop thereto at-
tached; one wagon and
plough maker shop; and for
one sawyer, one miller, one
superintendent of farming
operations, a farmer, a phy-
sician, a schoolteacher, a
blacksmith, and a wagon and
plough maker, a dwelling
house and the requisite out-
buildings for each; and to
purchase and keep in repair
for the time specified for
furnishing employees all nec-
essary mill-fixtures, mechan-
ics’ tools, medicines and hos-
pital stores, books and sta-
tionery for schools, and fur-
niture for employees.
The United States fur-
ther engage to secure and
pay for the services and
subsistence, for the term
of fifteen years, of one
far mer, 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 far ming operations,
and one school teacher.
The United States also
engage to erect four dwell-
ing-houses, one for the head
chief of the confederated
bands, and one each for the
Upper and Lower De Chutes
bands of Walla-Wallas, and
for the Was-copum 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 af-
ter the three principal bands
named in this treaty shall
have removed to the reser-
vation, or as soon thereafter
as a head chief should be
elected:
And provided, also, That
at any time when by the
death, resignation, or re-
moval of the chief selected,
there shall be a vacancy and
a successor appointed or se-
lected, the salary, the dwell-
ing, and improvements shall
be possessed by said succes-
sor, so long as he shall oc-
cupy the position as head
chief; so also with reference
to the dwellings and im-
provements 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 here-
after be set apart as a per-
manent home for these In-
dians, to be surveyed into
lots and assigned to such In-
dians 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 persons, sixty acres; to a
family of three and not ex-
ceeding five, eighty acres; to
a family of six persons, and
not exceeding ten, one hun-
dred and twenty acres; and
to each family over ten in
number, twenty acres for
each additional three mem-
bers.
And the President may
provide such rules and regu-
lations as will secure to the
family in case of the death
of the head thereof the pos-
session and enjoyment of
Courtesy the National Archives
Two years ago, as part of its Twenty-Fifth Annivesary,
the Museum at Warm Springs hosted the Treaty
Conference: People of the River, People of the
Salmon: Then, Now and Tomorrow (Wana
Thlama-Nusuxmí Tanánma: E-Wah’-Cha’-Nye).
such permanent home and
the improvement thereon;
and he may, at any time, at
his discretion, after such per-
son or family has made lo-
cation 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 embrac-
ing such lands within its lim-
its shall have been formed,
and the legislature of the
State shall remove the re-
strictions.
Provided, however, That
no State legislature shall re-
move the restrictions herein
provided 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 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, re-
voke the same, and if not
issued, cancel the assign-
ment, and may also withhold
from such person, or fam-
ily, their portion of the an-
nuities, or other money due
them, until they shall have
returned to such permanent
home and resumed the pur-
suits of industry, and in de-
fault of their return the tract
may be declared abandoned,
and thereafter assigned to
some other person or fam-
ily of Indians residing on said
reservation.
Article 6. The annuities
of the Indians shall not be
taken to pay the debts of in-
dividuals.
Article 7. The confed-
erated bands acknowledge
their dependence on the
Government of the United
States, and promise to be
friendly with all the citizens
thereof, and pledge them-
selves to commit no depre-
dation on the property of
said citizens; and should any
one or more of the Indians
violate this pledge, and the
fact be satisfactorily proven
before the agent, the prop-
erty taken shall be returned,
or in default thereof, or if
injured or destroyed, com-
pensation may be made by
The conference included a rare display at the
museum of the actual pages of the Treaty of 1855,
courtesy of the National Archives. While on display
at the museum, the pages were displayed in climate
controlled protective cases, under 24-hour guard.
The image at left is that of the first page of the
Treaty of 1855; and above, one of the signing pages.
the Government out of their
annuities; nor will they make
war on any other tribe of
Indians except in self-de-
fense, but submit all matters
of difference between them
and other Indians to the
Government of the United
States, or its agents for de-
cision, and abide thereby;
and if any of the said Indi-
ans commit any depreda-
tions on other Indians, the
same rule shall prevail as
that prescribed in the case
of depredations against citi-
zens; said Indians further
engage to submit to and ob-
serve all laws, rules, and
regulations which may be
prescribed by the United
States for the government
of said Indians.
Article 8. In order to
prevent the evils of intem-
perance among said Indians,
it is hereby provided, that if
any one of them shall drink
liquor to excess, or procure
it for others to drink, his or
her proportion of the annu-
ities may be withheld from
him or her for such time as
the President may deter-
mine.
Article 9. The said con-
federated bands agree that
whensoever, in the opinion
of the President of the
United States, the public in-
terest may require it, that all
roads, highways, and rail-
roads 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.
This treaty shall be obliga-
tory on the contracting par-
ties as soon as the same shall
be ratified by the President
and Senate of the United
States.