Two treaties, eight years apart, sit at the heart of Nimiipuu law and identity. The first secured a large homeland and explicit rights. The second cut that homeland down — and split the people.
Negotiated at the Walla Walla Council and signed at Camp Stevens on June 11, 1855, this treaty established a large reservation for the Nimiipuu and reserved their rights to fish at usual and accustomed places, and to hunt, gather, and pasture stock on open and unclaimed land. Ratified by the U.S. Senate on March 8, 1859, and proclaimed April 29, 1859.
The original handwritten treaty document (National Archives scan, 25 pages).
A readable typeset transcription of the ratified treaty text (5 pages).
The 1855 treaty was a major land cession with a large retained homeland and explicit rights protections.
The 1863 treaty was the one that cut that homeland down sharply and triggered the split between treaty and non-treaty Nez Perce.
Concluded at the Lapwai Valley on June 9, 1863, this treaty reduced the 1855 reservation by roughly 90 percent — from about 7.5 million acres to about 784,000 acres — following the discovery of gold on Nimiipuu land. Bands whose home country lay outside the new, smaller reservation (including the Wallowa band of Old Chief Joseph) refused to sign. Those who signed became known as the "treaty" Nez Perce; those who did not became the "non-treaty" Nez Perce. This split shaped every event that followed, including the Nez Perce War of 1877. Ratified April 17, 1867; proclaimed April 20, 1867.
Concluded June 9, 1863 · Ratified April 17, 1867 · Proclaimed April 20, 1867
Articles of agreement and convention made and concluded at the council ground, in the valley of the Lapwai, in the Territory of Washington, on the ninth day of June, in the year of our Lord one thousand eight hundred and sixty-three, by and between the United States, represented by Calvin H. Hale, superintendent of Indian affairs, and Charles Hutchins and S. D. Howe, United States Indian agents for the Territory of Washington, and the Nez Percé tribe of Indians, represented by its chiefs, head-men, and delegates, whose names are hereunto subscribed, they being duly authorized thereto by said tribe.
The said Nez Percé tribe hereby cede, relinquish, and convey to the United States all their lands, wheresoever situated, not embraced within the boundaries defined in the next succeeding article of this agreement; it being understood that the lands hereby reserved are a portion only of the country ceded to the United States by the treaty of June 11, 1855.
There shall be reserved, for the use and occupation of the tribe, and as a general reservation for other friendly tribes and bands of Indians in Washington Territory as may be directed by the President, the following tract of country, to wit: Commencing at the northeast corner of Lake Wa-ha, and running thence northerly to a point on the north bank of the Clearwater River, three miles below the mouth of the Lapwai; thence down the north bank of the Clearwater to the mouth of the Hatwai Creek; thence due north to a point seven miles distant; thence eastwardly to a point on the north fork of the Clearwater, seven miles distant from its mouth; thence to a point on Oro Fino Creek, five miles above its mouth; thence to a point on the north fork of the south fork of the Clearwater, five miles above its mouth; thence to a point on the south fork of the Clearwater, one mile above the bridge on the road leading to Elk City (so as to include all the Indian farms now within the forks); thence in a straight line westwardly to the place of beginning.
All of which is included within the following boundaries, to wit: On the north by a line running eastwardly from a point three miles north of Hatwai Creek; on the east by the western line of the territorial divide between the waters of the Clearwater and those of the Salmon; on the south by the divide between the waters of the Clearwater and those of the Salmon; and on the west by a line running from the place of beginning northerly to the northern boundary.
The President shall, immediately after the ratification of this treaty, cause the boundary lines to be surveyed, and properly marked and established; and the lands embraced therein shall be surveyed into lots of twenty acres each, and every male person of the tribe who shall have attained the age of twenty-one years, or is the head of a family, shall have the privilege of locating upon one lot as a permanent home for such person, and the lands so surveyed shall be allotted under such rules and regulations as the President shall prescribe.
Certificates issued for such tracts shall secure the land to the individual, to be free of taxation, and to descend to his heirs; and no such tract shall be alienable, or subject to execution, until a State government shall exist over the region, and the Legislature, with the consent of Congress, shall remove the restrictions.
In consideration of the cessions and agreements made in Articles I and II, the United States agree to pay to the said tribe, in addition to the annuities provided by the treaty of June 11, 1855, the sum of two hundred and sixty-two thousand five hundred dollars, in the following manner, that is to say:
One hundred and fifty thousand dollars for the removal of Indians now residing on the lands relinquished to the United States by this treaty, to the new reservation; and for the payment of improvements on the relinquished lands.
Fifty thousand dollars for the ploughing and fencing of lands for the several members of the tribe, upon the new reservation; and the balance to be expended in such other useful objects, including the purchase of stock, as in the judgment of the President may be proper.
The United States further agree to erect, at suitable points on the reservation, one saw-mill, one flouring-mill, two school-houses, one blacksmith shop (in addition to the one now in use), one building for a hospital, and necessary out-buildings for the same; and to provide the teachers, mechanics, millers, and physician necessary for their operation and use. The President shall also cause to be erected, for the use of the head chief of the tribe, a dwelling-house.
The United States may construct such wagon or other roads across said reservation as may be necessary; and the right of way for such roads through the reservation is hereby granted.
The Nez Percés agree that timber may be taken from the reservation, free of charge, for the construction of the buildings hereinbefore named, and for such military posts as may be established in the vicinity.
The provisions of the treaty of June 11, 1855, except so far as they are inconsistent with the provisions of this treaty, are hereby continued in force; and all the provisions of this treaty, so far as the same are applicable, shall apply to such friendly tribes or bands of Indians as may be located upon the reservation by direction of the President, in pursuance of the provisions of Article II.
The Nez Percés agree to remove to and settle upon the reservation within one year after the ratification 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 lands claimed and occupied by citizens, they may reside by permission of the owner.
The Nez Percés promise and agree that no spirituous liquors shall be introduced or used upon the reservation; and the President may make such rules and regulations as he may deem proper to prevent the introduction and use of such liquors, and to punish those introducing or using them.
It is further agreed that no claims for depredations or debts against individual members of the tribe, existing prior to the date of this treaty, shall be paid from any moneys due or to become due to the tribe under this or any former treaty.
This treaty shall be obligatory upon the contracting parties as soon as the same shall be ratified by the President and Senate of the United States.
Source & verification: The authoritative text of the 1863 Treaty appears in Indian Affairs: Laws and Treaties, Vol. II (Treaties), compiled and edited by Charles J. Kappler (Washington: Government Printing Office, 1904), pp. 843–848. The full ratified text is available through the Oklahoma State University treaty archive and the Library of Congress. The excerpts above are presented for accessibility; the article wording has been condensed in a few places for readability. For legal or scholarly use, consult the original ratified text.