Page:United States Statutes at Large Volume 12.djvu/1010

 958 TREATY WITH THE NEZ PERCES. JUNE 11, 1855. for other friendly tribes and bands of Indians in Washington Territory, not to exceed the present numbers of the Spokane, Walla-Walla, Cayuse, and Umatilla tribes and bands of Indians, the tract of land included with- Boundaries. in the following boundaries, to wit: commencing where the Mob-ha-nav she or southern tributary of the Palouse River flows from the spurs of the Bitter Root Mountains; thence down said tributary to the mouth of the Ti-nat-pan-up Creek, thence southerly to the crossing of the Snake River ten miles below the mouth of the Al-po-wa-wi River; thence to the source of the Al-po·wa-wi River in the Blue Mountains; thence along the crest of the Blue Mountains; thence to the crossing of the Grand Ronde River, midway between the Grand Ronde and the mouth of the Wolllow-how River; thence along the divide between the waters of the Wolllow-how and Powder Rivers; thence to the crossing of the Snake River fifteen miles below the mouth of the Powder River; thence to the Salmon River above the crossing; thence by the spurs of the Bitter Root Mounmins to the place. of beginning. Reservation to All which tract shall be set apart, and, so far as necessary, surveyed be sotapart. &¤., and marked out for the exclusive use and benedt of said tribe as an Inggglglflzigzum didn reservation; nor shall any white man, exeepting those in tlxeemploy- whim with ment of the Indian department, be permitted to reside upon the sand reser— reside thm-wu vation without permission of the tribe and the superintendent and agent; Wi*¤°¤*·» GW- and the said tribe agrees to remove to and settle upon the same within one year after the ratincation of this treaty. In the mean time it shall be lawful for them to reside upon any ground not in the actual claim and occupation of citizens of the United States, and upon any ground claimed or occupied, if with the permission of the owner or claimant, guarantying, however, the right to all citizens of the United States to enter upon and occupy as settlers any lands not actually occupied and cultivated by said Indians at this time, and not included in the reservation above named. M be wid YM by Indian, such as fields enclosed and cultivated, and houses erected upon the glgtgglmd lands hereby ceded, and which be may be compelled to abandon in consequence of this treaty, shall be valued under the direction of the President of the United States, and payment made therefor in money, or improvements of an equal value be made for said Indian upon the reservation, and no Indian will be required to abandon the improvements aforesaid, now occupied by him, until their value in money or improvements of equal value shall be furnished him as aforesaid. 30,,,;, my bg ARTICLE III. And provided that, if necessary for the public convenm¤d¤- icnce, roads may be run through the said reservation, and, ou the other hand, the right of way with free access from the same to the nearest pub~ lic highway is secured to them, as also the right, in common with citizens 0f the United States, to travel upon all public highways. The use of the Clear Water and other streams flowing through the reservation is also secured to citizens of the United States for rafting purposes, and as public highways. Phu, 8e_ The exclusive right of taking fish in all the streams where running eared m  through or bordering said reservation is further secured to said Indians; as also the right of taking fish at all usual and accustomed places in common with citizens of the Territory; and of erecting temporary buildings for curing, together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land. ulaygagggggs ARTICLE IV. In consideration of the above cession, the United States ° m * agree to pay to the said tribe in addition to the goods and provisions dI5C11b0D8d to them at the time of signing this treaty, the sum of tivo hundred thousand dollars, in the following manner, that is to say, szxby thousand dollars, to be expended under the direction of the President of the United States, the first year after the ratification of this
 * mp,,,,,m°,m And provided that any substantial improvement heretofore made by any