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Pacific NorthwestTreaty

Nez Perce Treaty of 1855

The 1855 Nez Perce treaty ceded most Nez Perce territory for a reservation and $200,000; an 1863 treaty cut the reservation sharply.

Signed
June 11, 1855
Senate
Ratified March 8, 1859
Land given up
about 6.9 million acres
Land set aside for the nations
about 7.4 million acres
Promises
1 of 1 broken or only partly kept
The land in this treaty’s record. Open on the map

What happened

What happened

On June 11, 1855, at Camp Stevens in the Walla Walla Valley, Isaac Stevens and Joel Palmer signed a treaty with chiefs and delegates of the Nez Perce, who lived partly in Oregon and partly in Washington. The Nez Perce ceded their country and kept a reservation for their exclusive use. They secured fishing "at all usual and accustomed places" and hunting rights, and the United States promised $200,000. Encyclopedia.com says they ceded most of 13 million acres of ancestral territory in exchange for a guarantee that 7.5 million acres would remain a reservation.

HistoryLink says the Nez Perce were divided at the council, with Lawyer favoring a treaty and Looking Glass opposed. Stevens used promised gifts and threats of force, and refused a delay the Indians requested.

Encyclopedia.com reports that gold was found on Nez Perce land in the early 1860s, settlers rushed in, and an 1863 treaty, called the Thief Treaty, reduced the reservation to 780,000 acres, excluding Chief Joseph's Wallowa Valley home territory. Joseph's band was ordered out in 1877, leading to the Nez Perce War.

What was promised, and what happened

  • Broken

    A reservation set apart for the exclusive use and benefit of the Nez Perce tribe. (Art. 2)

    they decided to draft a new treaty so the areas where settlers were living were no longer a part of the reservation at all nps.gov

Good to know. Encyclopedia.com's entries put the 1855 reservation at about 7.5 million acres and the reservation left after the 1863 treaty at 780,000 or 750,000 acres. The treaty itself states no acreage.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Supported by the sources below; some details rest on one source.

  1. a combination of promised gifts and threats of force.Isaac Stevens convenes the First Walla Walla Council, May 29, 1855 (HistoryLink Essay 5188)
  2. ceding most of their 13 million acre ancestral territory to the government in exchange for money and a guarantee that 7.5 million acresNez Perce, Encyclopedia.com
  3. In what came to be known among tribal members as the Thief TreatyNez Perce, Encyclopedia.com
  4. the sum of two hundred thousand dollarsTreaty with the Nez Perces, 1855 (OSU Tribal Treaties Database)

Research notes. Acreage figures come from Encyclopedia.com, a reference summary: it says the treaty left a reservation of 7.5 million acres out of 13 million acres of ancestral territory, and that the 1863 treaty reduced it to 780,000 acres (another entry on the same page says 750,000). The treaty text states no acreage. This account does not draw on the Nez Perce Tribe's own published history. The treaty was ratified March 8, 1859, and proclaimed April 29, 1859.

What the treaty did to the land

About 6.9 million acres given up. about 7.4 million acres recognized, kept or set aside for the nations. Each shape is a numbered area in the federal government’s 1899 record of land cessions.

What happened next

Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.

  1. 1855

    This treaty

    About 6.9 million acres ceded to the United States by the Nez Percé. About 7.4 million acres set aside as a reservation for the Nez Percé

    The 1855 Nez Perce treaty ceded most Nez Perce territory for a reservation and $200,000; an 1863 treaty cut the reservation sharply.

  2. 1859

    This treaty

    Ratified by the Senate

  3. 1863
  4. 1863
  5. 1863

    Promise broken

    Nez Perce: the 1855 reservation, the 1863 'thief treaty,' and 1877

    An 1855 treaty gave the Nez Perce a large reservation; an 1863 treaty signed by some leaders shrank it, over others' objections.

  6. 1894

    Land lost

    About 825,000 acres ceded to the United States by the Nez Percé

    The 1899 record: “Confirms agreement with these Indians made May 1, 1893, by which they cede to the U. S. all their title and interest in the unallotted lands of their reservation in Idaho”

    area 442

  7. 1969

    In court

    Sohappy v. Smith (Belloni decision)

    A 1969 federal ruling limited Oregon's regulation of Columbia River treaty fishing and said the tribes were owed a fair share.

The law behind it

The legal ideas behind the decisions, and related records without a date. Court cases and laws with a date are in what happened next, above.

  • Legal doctrine

    reserved rights

    Treaties are 'a grant of right from' tribes, not to them: reserved hunting and fishing rights survived cessions, statehood and even termination.

  • Legal doctrine

    treaty fishing rights

    Treaties that reserved fishing rights have been read as rights the tribes kept, not gifts: Winans (1905), Fishing Vessel (1979) and Mille Lacs (1999).

Who is doing the work today

The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.

Who is doing the work

This history belongs to living nations. Start with them:

Native legal and land defense, nationally

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Sources

Sources

  1. digitreaties.org/treaties/treaty/178309326reference work
  2. treaties.okstate.edu/treaties/treaty-with-the-nez-perces-1855-0702reference work
    Ratified Mar. 8. 1859. | Proclaimed Apr. 29, 1859.

Corrections to this record

  • date ratified was listed as “”; corrected from treaties.okstate.eduRatified Mar. 8. 1859. | Proclaimed Apr. 29, 1859.
Research notes

Acreages (, not entered). Reduced ~90% by the 1863 'Steal Treaty' (RIT 323).

Shapes are approximate and are not legal descriptions of land, title or jurisdiction.