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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (June 29, 2022)
Spilyay Tymoo June 29, 2022 Page 7 D.McMechan/Spilyay Walking in the Honoring Veterans Parade, June 25, 2022. The Treaty of 1855 ~ (The tribes this month marked the One-Hundred and Sixty-Sev- enth Anniversar y of the signing of the Treaty of 1855, June 25. The opening Treaty articles appeared in the previous Spilyay Tymoo; and the following are the final articles of the document.) Article 5. The United States further engage to secure and pay for the services 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 physician, one sawyer, one miller, one superintendent of farming operations, 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 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 con- federated 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 provided, also, That at any time when by the death, resignation, or removal of the chief selected, there shall be a vacancy and a suc- cessor appointed or selected, the sal- ary, the dwelling, and improvements shall be possessed by said successor, so long as he shall occupy the posi- tion as head chief; so also with refer- ence to the dwellings and improve- ments provided for by this treaty for the head chiefs of the three princi- pal bands named. Article 5.The President may, from time to time, at his discre- tion, cause the whole, or such por- tion 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 assigned to such Indians of the confederated bands as may wish to enjoy the privilege, and lo- cate thereon permanently. To a single person over twentyone years of age, forty acres; to a family of two persons, sixty acres; to a family of three and not exceeding five, eighty acres; to a family of six persons, and not ex- ceeding ten, one hundred and twenty acres; and to each family over ten in number, twenty acres for each additional three members. And the President may provide such rules and regulations as will secure to the family in case of the death of the head thereof the pos- session and enjoyment of such per- manent home and the improve- ment thereon; and he may, at any time, at his discretion, after such person or family has made loca- tion on the land assigned as a per- manent home, issue a patent to such person or family for such as- signed 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 con- stitution embracing such lands within its limits shall have been formed, and the legislature of the State shall remove the restrictions. Provided, however, That no State legislature shall remove the restrictions herein provided for A signing page of the Treaty of 1855. The original document is housed in the United States National Archives, Washington, D.C. 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 indicat- ing a desire to abandon his home, the President may, if the patent shall have been issued, revoke the same, and if not issued, cancel the assignment, and may also with- hold from such person, or fam- ily, their portion of the annuities, or other money due them, until they shall have returned to such permanent home and resumed the pursuits of industry, and in default of their return the tract may be declared abandoned, and thereaf- ter assigned to some other person or family of Indians 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 acknowledge their depen- dence 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 Indians except in self-defense, but submit all matters of difference between them and other Indians to the Gov- ernment of the United States, or its agents for decision, and abide thereby; and if any of the said In- dians commit any depredations on other Indians, the same rule shall prevail as that prescribed in the case of depredations against citizens; said Indians further engage to submit to and observe all laws, rules, and regu- lations 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 excess, or procure it for others to drink, his or her propor- tion of the annuities may be with- held from him or her for such time as the President may determine. Article 9. The said confeder- ated 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 railroads shall have the right of way through the res- er vation herein designated, or which may at any time hereafter be set apart as a reservation for said Indians. 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. Joel Palmer, Superintendent of Indian Affairs, O.T