Treaty of October 17, 1855.—The Nez Percés took part in this treaty, which established the Blackfeet territory and a common hunting-ground.' Treaty between the United States and the Nez Percé Indians, made at the council ground in Lapwai Valley, Washington Territory, June 9, 1863. The Nez Percé Indians ceded to the United States that part of their reservation lying within the present limits of Oregon and Washington Territory and along the Snake and Salmon Rivers, reserving a portion of the Clear Water Valley, which coustitutes their present reservation. The Indians agreed to remove to within the limits of their reservation within one year, and similar provisions were made for compensating Indians for their improvements on the ceded lands as in article 2 of the treaty of 1855. (Arts. 1 and 2.) The President to cause the boundaries of the reservation to be surveyed, and such portion of the land as is suitable for cultivation divided into lots of 20 acres. All males over twenty-one years, or the heads of families, to have the privilege of selecting each one lot and locating on it. Certificates of allotments giving a right to occupancy to be issued by the Commissioner of Indian Affairs to each one taking a lot of land. The residue of the land to be held in common for pasturage. No State or Territorial law, without the consent of Congress, to remove the restriction placed upon the land allotted to Indians. (Art. 3.) In addition to goods and provisions distributed at the time of signing the treaty the United States agrees to pay to the Indians $262,500; $150,000 to be used to remove the Indians, and plow and fence the lots of land taken in severalty, the sum to be divided into four annual instalments, respectively of $70,000, $40,000, $25,000, and $15,000; the sum of $50,000 to be expended in agricultural implements, wagons, harness, and stock; $10,000 for a saw and flouring mill; $2,500 for the erection of two churches; $50,000 for the trade and clothing of school children, fencing of school farm, and furnishing of agricultural implements, wagons, and teams for the school--this sum to be paid in sixteen instalments, one of $6,000, fourteen of $3,000, one of $2,000. (Art. 4.) As the provisions of article 4, treaty of 1855, had not been complied with, the United States agrees to appropriate $2,000 to erect and furnish a blacksmith shop, and to maintain it for fifteen years at a cost of $500 per annum. Also to appropriate $3,000 for the erection of houses for employés and for repairs on mills and shops, and to maintain the same for twelve years at $2,000 per annum, and to employ, in addition to the employés already agreed upon by former treaty, one farmer, one carpenter, and two millers, for three succeeding years, at $1,000 per year. (Art. 5.) As the provisions concerning schools in the treaty of 1855 have not been complied with, the United States agrees to appropriate $10,000 for the erection of two schools, including boarding homes and the necessary outbuildings, schools to be conducted on the manual labor system. And in addition to the teachers promised by the previous treaty, two matrons to take charge of boarding-schools and two assistant teachers. (Art. 5.) In addition to the head chief, the tribe to elect two sabordinate chiefs, who shall be paid the same salary as the head chief, and be provided with a similar home and farm. The sum of $2,500 to be appropriated to carry out the provisions of the former treaty in regard to the head chief, and a sum of $600 to erect a home for Chief Timothy, who has rendered services to the United States. (Arts. 5 and 6.) For services rendered by individual Indians and horses furnished the Oregon mounted volunteers in 1856, the sum of $4,665, to be paid in gold coin. (Art. 7.) The provision of article 3, treaty of 1855, confirmed with the additional consent that hotels, stage stands, and land for pasturage and other purposes may be estab See synopsis of treaties giving an account of the Gros Ventre, Piegan, Blood, Blackfeet, and River Crow Reservations in Montana Territory; United States Statutes, Vol. XI, p. 657. lished at such points on the reservation as shall be necessary for public convenience and of the number and necessity of which the agent or superintendent shall be the sole judge, and who shall be competent to license the same, the rental of these and of all ferries and bridges within the reservation to be held and managed for the benefit of the tribe. (Art. 8.) All timber within the boundaries of the reservation declared to be the exclusive property of the tribe, the United States to be permitted to use thereof in carrying on its affairs both military and civil. United States agrees to reserve all springs or fountains within the ceded lands not adjacent to or directly connected with the streams or rivers, and to keep back surrounding land from settlement and preserve a perpetual right of way to and from the springs as watering places for the use in common of both whites and Indians. (Art. 8.) Treaty proclaimed April 20, 1867.1 Amendatory treaty made August 13, 1868. All land within the reservation fitted for agriculture and not occupied by the United States for military or agency purposes, to be surveyed in accordance with article 3, treaty of 1863. As soon as the allotments shall be plowed and fenced and the schools established as provided by existing treaty stipulation, such Indians as now live outside the reservation as may be decided by the agent and the Indian, shall be removed and located within the reservation. If there is not sufficient land to allot these Indians, then they may remain on the land now occupied and improved by them outside the reservation: Provided, That the land does not exceed 20 acres for every male over twenty-one years or the head of a family; the tenure of this land shall be the same as provided for those living on allotments within the reservation by article 3, treaty of 1863, and the military authorities shall protect those residing outside in their rights upon the allotments occupied by them, and also in the privilege of grazing their animals upon surrounding unoccupied lands. (Art. 1.) The agreement that timber from the reservation could be used in the maintaining of forts and garrisons is annulled. The military authorities to protect the timber on the reservation, and none to be cut without the written consent of the head chief of the tribe; the agent, and the Superintendent of Indian Affairs, stating where the timber is to be cut, the quantity, and the price to be paid. (Art. 2.) The amount due for the support of schools and teachers and which has not been expended for the purpose since 1864, but used for other purposes, shall be ascertained and the sum reimbursed to the tribe by appropriation of Codgress and the money held in trust by the United States, the interest on the same to be paid to the tribe annually for the support of teachers. (Art. 3.) Proclaimed February 16, 1869.2 Wallowa Valley Reserve.3 DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, June 9, 1873. The above diagram is intended to show a proposed reservation for the roaming Nez Percé Indians in the Wallowa Valley, in the State of Oregon. Said proposed reservation is indicated on the diagram by red lines, and is described as follows, viz: Commencing at the right bank of the mouth of Grande Ronde River; thence up Snake River to a point due east of the south-east corner of township No. 1, south of the base-line of the surveys in Oregon, in range No. 46 east, of the Willamette meridian; thence from said point due west to the West Fork of the Wallowa River; thence down said West Fork to its junction with the Wallowa River; thence down said river to its confluence with the Grande Ronde River; thence down the last-named river to the place of beginning. 1 United States Statutes at Large, Vol. XIV, p. 647. 3 Report of Indian Commissioner, 186, p. 358. 2 Ibid., Vol. XV, p. 693. I respectfully recommend that the President be requested to order that the lands comprised within the above-described limits be withheld from entry and settlement as public lands, and that the same be set apart as an Indian reservation as indicated in my report to the Department of this date. EDWARD P. SMITH, Commissioner. DEPARTMENT OF THE INTERIOR, June 11, 1873. Respectfully presented to the President, with the recommendation that he make the order above proposed by the Commissioner of Indian Affairs. C. DELANO, Secretary. EXECUTIVE MANSION, June 16, 1873. It is hereby ordered that the tract of country above described be withheld from entry and settlement as public lands, and that the same be set apart as a reservation for the roaming Nez Percé Indians, as recommended by the Secretary of the Interior and the Commissioner of Indian Affairs. U. S. GRANT. EXECUTIVE MANSION, June 10, 1875. It is hereby ordered that the order, dated June 16, 1873, withdrawing from sale and settlement and setting apart the Wallowa Valley, in Oregon, described as follows: Commencing at the right bank of the mouth of Grande Ronde River; thence up Suake River to a point due east of the south-east corner of township No. 1 south of the base-line of the surveys in Oregon, in ranges No. 46 east of the Willamette meridian; thence from said point due west to the west fork of the Wallowa River; thence down said west fork to its junction with the Wallowa River; thence down said river to its confluence with the Grande Ronde River; thence down the lastnamed river to the place of beginning, as an Indian reservation, is hereby revoked and annulled; and the said described tract of country is hereby restored to the public domain. U. S. GRANT. CŒUR D'ALÉNE RESERVATION. UNDER CHARGE OF COLVILLE AGENCY, WASHINGTON TERRITORY. How established.-By Executive orders, June 14, 1867, and November 8, 1873. Area and survey.-Contains 598,500 acres.1 surveyed.2 Outboundaries partly Acres cultivated.-Six thousand one hundred acres cultivated.3 Tribes and population.-The tribes living here are the Cœur d'Aléne, Kutenay, Pend d'Oreille, and Spokane. Population, 476.* Location.-The Cœur d'Aléne Reservation is situated in the northern part of Idaho. Cœur d'Aléne Lake lies within the reservation. The country is mountainous, well covered with timber, and the valleys afford grazing and agricultural lands. This reservation is distant 110 miles from the agency having charge. Government rations.-Twenty five per cent. of these Indians subsisted by Government rations as reported in 1886.5 Mills and employés.-Not reported. Indian apprentices employed. 1 Report of Indian Commissioner, 1884, p. 257. * Ibid. 3 Ibid., 1886, p. 434. ndian police.-Not reported. Indian court of offences.-Not reported. School population and attendance: School population estimated in 1886 Accommodation in girls' contract boarding and day school. Average attendance in girls' school Average attendance in boys' school, 721 100 100 200 51 54 $5,629.77 5,902.92 12 Session (months).. Missionary work.-Missionary work under the Roman Catholic Church. Two churches and three missionaries reported in 1886. Cœur d'Aléne Reserve.* DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, May 23, 1867. SIR: Under date October 1, 1866, Governor Ballard, of Idaho, was instructed to select and report to this office reservations for the use of the Boisé and Bruneau bands of Shoshones in the southern part, and for the Cœur d'Alénes and other Indians in the northern part of that Territory. These instructions were based upon statements coptained in the annual report of Governor Ballard, printed at pages 191 and 192 of the annual report of this office for 1866. There are no treaties existing with either of the tribes or bands named, nor, so far as the Shoshones are concerned, have they any such complete tribal organization as would justify treaties with them, even if such arrangements were practicable under the force of recent legislation by Congress. The northern tribes have a better organization, but advices from the Executive indicate that while a necessity exists for some arrangement under which the Indians of all the bands referred to should have some fixed home set apart for them before the lands are all occupied by the whites, who are rapidly prospecting the country, such arrangements can now be made by the direct action of the Department. I herewith transmit two reports of Governor Ballard, describing tracts proposed to be set apart for these Indians. So far as the one intended for the Shoshones is concerned, its location as a permanent home for those bands is dependent upon the consent of Washakee's band, commonly known and heretofore treated with as the eastern bands Shoshones; but there is no doubt of their ready acquiescence in the arrangement. The land referred to is within the limits acknowledged as their hunting range by the treaty of 1863. Believing that the interest of the Government as well as that of the Indians requires that such action should be taken, I recommend that the President be requested to set apart the reservation, described in the diagram herewith, for the use of the Indians referred to, and that the General Land Office be directed to respect the boundaries thus defined. Should the suggestions herein contained be approved, and favorable action had, this office will inform the Governor and superintendent of Indian affairs of the fact, and direct such further measures as to carry the plan into operation without delay, so far as the means at the disposal of the Department will permit. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, June 6, 1867. SIR: I have the honor to acknowledge the receipt of your communication of the 27th ultimo, transmitting one from the Commissioner of Indian Affairs of the 23d May last, with accompanying documents, relating to proposed Indian reservations in Idaho Territory; and in obedience to your directions that I examine and report upon the subject-matter, I have to state as follows: The suggestion of the Commissioner of Indian Affairs in reference to the reservations proposed for the Boisé and Bruneau bands of Shoshones in the southern part of Idaho, and for the Cour d'Alénes and other Indians in the northern part of that Territory, is that the same may be set apart by the President for those Indians as their home reservations to the extent as represented on the accompanying diagrams herewith, and transferred on a map of Idaho accompanying this letter, being there represented in green and blue shadings, respectively. The boundaries as defined by the local Indian agents, as per separate diagrams of the above reservations, are: 1st. The Boisé and Bruneau bands of Shoshones and Bannock Reservation: "Commencing on the south bank of Snake River, at the junction of the Port Neuf River with said Snake River; thence south 25 miles to the summit of the mountains dividing the waters of Bear River from those of Snake River; thence easterly along the summit of said range of mountains 70 miles to a point where Sublette road crosses said divide; thence north about 50 miles to Blackfoot River; thence down said stream to its junction with Snake River; thence down Snake River to the place of beginning," embracing about 1,800,000 acres, and comprehending Fort Hall on the Snake River within its limits. 2d. The Cœur d'Aléne and other tribes of northern Idaho, the proposed reservation for which is shown on the map of Idaho, herewith, in blue color, is represented to be about 20 miles square: "Commencing at the head of the Latah, about 6 miles above the crossing on the Lewiston trail, a road to the Spokane Bridge; thence running north-north easterly to the St. Joseph River, the site of the old Cœur d'Aléne Mission; thence west to the boundary line of Washington and Idaho Territories; thence south to a point due west of the place of beginning; thence east to place of beginning," including about 250,000 acres. I have to observe that no surveys of the public lands have been made in those por tions of Idaho Territory, nor is this office advised of the extinguishment of Indian titles to the same guaranteed to them by the provisions of the first and seventeenth sections of an act to provide a temporary government for the Territory of Idaho approved March 3, 1863.1 The records of this office showing no objection to the policy recommended to the Department by the Commissioner of Indian Affairs in his communication of the 23d ultimo, I have the honor to return the same to the Department, together with the papers accompanying the same. I have the honor to be, very respectfully, your obedient servant, Hon. W. T. OTTO, Acting Secretary of the Interior. Jos. S. WILSON, Commissioner. DEPARTMENT OF THE INTERIOR, SIR: I submit herewith the papers that accompanied the inclosed report of the Commissioner of Indian Affairs, of the 23d ultimo, in relation to the propriety of selecting reservations in Idaho Territory upon which to locate the Cour d'Alénes and other Indians in the northern part of Idaho, and the Boisé and Bruneau bands of Shoshones in the southern part of that Territory. United States Statutes, Vol. XII, pp. 809, 814. |