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Pacific NorthwestTreaty

Nez Perce Treaty of 1863

The 1863 Nez Perce treaty, signed by pro-treaty headmen, cut the 1855 reservation to a small Lapwai area; non-treaty bands objected.

Signed
June 9, 1863
Senate
Ratified April 17, 1867
Land given up
about 6.6 million acres
Land set aside for the nations
about 825,000 acres
The land in this treaty’s record. Open on the map

What happened

What happened

On June 9, 1863, at Lapwai, the United States and Nez Perce headmen signed a treaty in which the tribe relinquished the lands reserved in 1855, except a smaller reservation near the Clearwater River and Lapwai. The Nez Perce were to move onto it within a year of ratification. The treaty was ratified in April 1867.

The National Park Service says miners were already in the Orofino area and Lewiston was growing. Congress chose to draft a new treaty so that the areas where settlers lived "were no longer a part of the reservation at all," rather than enforce the 1855 ban on white settlement. The Park Service adds that negotiators looked for one "head chief" to speak for all Nez Perce, though each band regarded itself as autonomous.

Lawyer and other pro-treaty headmen signed. The US government assumed this bound all Nez Perce. Chief Joseph, Chief White Bird and other "non-treaty" headmen thought they would not be held to an agreement they did not make. The Park Service says the treaty "planted the seeds of conflict" that grew into the 1877 war.

Summarized with AI assistance from 3 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. they decided to draft a new treaty so the areas where settlers were living were no longer a part of the reservation at allTreaty of 1863 (Nez Perce National Historical Park, NPS)
  2. the 1863 treaty planted the seeds of conflict that would eventually grow to the 1877 Nez Perce WarTreaty of 1863 (Nez Perce National Historical Park, NPS)
  3. agree to relinquish, and do hereby relinquish, to the United States the lands heretofore reserved for the use and occupation of the said tribeTribal Treaties Database (Oklahoma State University): Treaty with the Nez Perces, 1863

Research notes. Neither the National Park Service page nor the treaty text gives a total acreage for the land given up, so none is stated here. The 1877 war is mentioned only as the Park Service frames it.

What the treaty did to the land

About 6.6 million acres given up. about 825,000 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
  2. 1863

    This treaty

    About 6.6 million acres ceded to the United States by the Nez Percé. About 825,000 acres set aside as a reservation for the Nez Percé

    The 1863 Nez Perce treaty, signed by pro-treaty headmen, cut the 1855 reservation to a small Lapwai area; non-treaty bands objected.

  3. 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.

  4. 1867

    This treaty

    Ratified by the Senate

  5. 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

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/178895210reference work
Research notes

Stat. page per Stat. vol. 14 OCR index; acreage and Kappler page. Ratification detail: 1867-04-17 (Senate consent; read from the Stat. margin by V2).

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