Agreement with the Coeur D'Alene, 1873

ORIGINAL SIGNATORIES

SUCCESSOR IN INTEREST (TRIBES)

KEY PROVISIONS

HISTORICAL NOTES

Agreement with the Coeur D'Alene, 1873

Agreement made and entered into on this 28th day of July, A.D. 1873, at Latah (or Hangman's) Creek, in the Territory of Idaho, by and between John P. C. Shanks, John B. Montieth, and Thomas W. Bennett, Special Commissioners on the part of the government of the United States, and the chiefs, and Head men of the Tribe of Couer de'Alene Indians.

Witnesseth:

Art. 1st

That the Government of the United States agrees to set apart and secure as a Reservation for the exclusive use of the Couer de'Alene Indians, and to protect the same from settlement or occupancy by other persons, all and singular the lands and privileges lying and being within the following described limits, to-wit. Beginning at a point on the top of the dividing ridge between Pine and Latah (or Hangman's) Creeks, directly South of a point on said last named creek, six miles above the point where the trails from Lewiston to Spokane Bridge crosses said Creek; thence in a North Easterly direction, in a direct line, to the Couer de'Alene Mission, on the Couer de'Alene river (but not to include the lands of said Mission[)]; thence in a Westerly direction, in a direct line, to the point where the Spokane River heads in or leaves the Couer de'Alene Lakes; thence down along the center of the channel of said Spokane River to the dividing line between the Territories of Idaho and Washington, as established by the act of Congress organizing a territorial government for the Territory of Idaho; thence South along said dividing line to the top of the dividing ridge between Pine and Latah (or Hangman's) Creeks; thence along the top of said ridge to the place of beginning.

Which said Reservation the government of the United States, upon the acceptance of this agreement by Congress shall cause to be surveyed at its own expense, and the boundaries fully defined in accordance with this agreement. Provided that the said government reserves the right to establish in and across said Reservation mail routes, military roads, and public highways for the benefit of the citizens of the United States. And provided further that the waters running into said reservation shall not be turned from their natural channel where they enter said reservation.

2d

And the said Tribe of Couer de'Alene Indians agree to relinquish to the government of the United States all their right and title in and to all the lands heretofore claimed by them, and lying and being outside of said described reservation, which said lands are bounded as follows, to wit: Beginning at the head of the upper Palouse or Monnasha river in the Territory of Idaho; thence Westerly across the ridge to Steptoe's Butte; thence Northerly to Antoine Plants, on the Spokane river; thence across [the] ridge to [the] foot of Pen de' Oreille Lake; thence up said lake to the summit of the Bitter Root mountains; thence along the summit of the Bitter Root Mountains to the place of beginning. And said Indians agree to locate and make their homes upon the reservation described in the first article of this agreement. Provided that when the dividing line between the Territories of Washington and Idaho shall have been established by actual survey, if it shall be found that any of said Indians shall have made improvements on lands situated in the Territory of Washington, the government of the United States agrees to pay the value of such improvements to the Indians who may be at the time the owners thereof. Said value to be ascertained, and said payments to be made as may be directed by the Secretary of the Interior.

3rd

In consideration of the relinquishment of the title to all the lands described in article second of this agreement by said Indians, and in consideration of their removal within the reservation described in article first of this agreement, the government of the United States agrees, as soon after the approval of this agreement as practicable, to furnish to said Indians at said reservation the following articles, to wit:

10 wagons; 10 setts wagon harness; 50 sett plow harness; 50 ten inch plows; 10 span American mares; 10 whip saws; 10 cross cut saws; 2 mowers with reapers combined; 1 sett blacksmith tools; 2 horse rakes; 20 harrows; 10 grain cradles.

Also to furnish material and construct on said reservation, for the use of said Indians 1 grist and saw mill combined; 1 School House with apartments for male and female pupils; 1 boarding and lodging house for pupils; 1 smith shop.

And the United States further agrees to furnish in United States 5 per cent bonds the sum of One Hundred and Seventy thousand dollars, the interest to be paid annually first for the payment of the salaries of the millers and blacksmith hereinafter provided for, and the residue to be expended under the direction of the Presidents of the United States for schools, and for such articles of comfort and for the civilization of said Indians, as he may deem proper. Provided, the United States reserves the right to pay said principal sum to said Indians at any time after twenty years. And the United States agrees to furnish to said Indians 1 grist and 1 saw miller and 1 blacksmith to be paid out of [the] interest fund as above provided, until such time as said Indians shall determine to dispense with the services of such employees, said employees to teach the Indians to perform such labor.

4th

It is expressly agreed by and between the said Commissioners, and the said Indians, that this agreement shall be submitted to the Congress of the United States, for its approval, and in case the same shall be approved, it shall thereafter be binding and of full force and effect, but if the same shall not be approved, then it shall be null and void and of no effect.

Done and signed on this 28th day of July A.D. 1873, in general council, at Latah (or Hangman's) Creek in the Territory of Idaho.

Commissioners:

John P. C. Shanks
Jno B. Monteith
T. W. Bennett

Witnesses:

P. B. Whitman
J. M. Cataldo, P. S.

Andrew Seltis, his x mark, Head Chief
Vincent, his x mark, cho shi ni, Head Chief
Damas, his x mark
Edward, his x mark
Regis, his x mark
Pierre, his x mark
Veucils, his x mark
Bartholumin, his x mark

Interpreters:

P. B. Whitman
Morris, a Nez Perce