December 1, 1905
This agreement, made and entered into on the first day of December, Nineteen hundred and five, by and between James McLaughlin, United States Indian Inspector, on the part of the United States, and the Colville and confederated tribes of Indians belonging and having tribal rights on the Colville Indian Reservation, in the State of Washington, witnesseth:
ARTICLE I. The said Indians belonging and having tribal rights on the Colville Indian Reservation, in the State of Washington, for the consideration hereinafter named, do hereby cede, grant, and relinquish to the United States, all right, title, and interest which they may have to all the lands embraced within the so-called diminished Colville Indian Reservation: Provided, That allotments of land of eighty (80) acres each, within said diminished Reservation, shall first be made, under the direction of the Secretary of the Interior, to every man, woman, and child belonging to or having tribal rights on the Colville Indian Reservation, who have not heretofore received such allotments: Provided further, That the cession of the surplus lands of the said diminished Reservation, after the allotments herein provided for have been made, is conditioned upon the Indians, parties hereto, being compensated by the United States for the Northern portion of the said Reservation, containing approximately one million five hundred thousand acres, which was vacated and restored to the public domain by the Act of July first, eighteen hundred and ninety-two, and that the said Indians are to receive one million five hundred thousand dollars, in the manner hereinafter provided, in full payment for the lands vacated and opened to settlement by the said Act of July first, eighteen hundred and ninety-two.
ARTICLE II. After the lands within the said diminished Reservation have been surveyed and allotments made to the Indians entitled thereto, as provided in Article I of this agreement, the residue or surplus lands — that is, the lands not allotted — of the said diminished Reservation shall be classified under the direction of the Secretary of the Interior as irrigable lands, grazing lands, timber lands, mineral lands, or arid lands, and shall be appraised under their appropriate classes by legal subdivisions, with the exception of the lands classed as mineral lands, which need not be appraised but shall be subject to location and disposal under the mineral-land laws of the United States, and upon completion of the classification and appraisement the lands shall be opened to settlement and entry at not less than their appraised value by proclamation of the President, which proclamation shall prescribe the manner in which these lands shall be settled upon, occupied, and entered by persons entitled to make entry thereof: Provided, That the price of said lands when entered shall be that fixed by the appraisement, as herein provided for, which shall be paid in accordance with rules and regulations to be prescribed by the Secretary of the Interior, upon the following terms: One-fifth of the purchase price to be paid in cash at the time of entry, and the balance in five equal annual installments, to be paid in one, two, three, four, and five years, respectively, from and after the date of entry, and in case any entryman fails to make the annual payments, or any of them, promptly when due, all rights in and to the land covered by his or her entry shall cease, and any payments theretofore made shall be forfeited and the entry cancelled, and the lands shall be reoffered for sale and entry: Provided further, That the lands remaining undisposed of at the expiration of five years from the opening of the said lands to entry, shall be sold to the highest bidder for cash, at not less than one dollar per acre, under rules and regulations to be prescribed by the Secretary of the Interior, and that any lands remaining unsold ten years after the said lands shall have been opened to entry may be sold to the highest bidder for cash without regard to the above minimum limit of price; that lands disposed of under the town-site and mineral-land laws shall be paid for at the prices provided for by law, and the United States agrees to pay to said Indians the proceeds derived from the sales of said lands, and also to pay the said Indians, parties hereto, the sum of one million five hundred thousand dollars for the lands vacated and opened to settlement by the Act of July first, eighteen hundred and ninety-two, which amount, together with the proceeds derived from the sales of the surplus lands of the said diminished Reservation, shall be paid to and expended for said Indians in the manner hereinafter provided.
ARTICLE III. It is agreed that of the one million five hundred thousand dollars provided in Articles I and II of this agreement for the payment in full to the Indians, parties hereto, for the lands of the Colville Indian Reservation vacated and opened to settlement by the Act of July first, eighteen hundred and ninety-two, which was substituted in lieu of the agreement entered into with said Indians under date of May ninth, eighteen hundred and ninety-one, the sum of one hundred thousand dollars shall be devoted to making a per capita payment to the said Indians in cash within six months after the ratification of this agreement, and the remainder, viz: one million four hundred thousand dollars, shall constitute a general welfare and improvement fund, the interest on which, at four per centum per annum shall, together with the proceeds derived from the sales of the surplus lands of said diminished Colville Reservation, be annually expended, under the direction of the Secretary of the Interior, for the benefit of said Indians, the same to be expended in the education and improvement of said Indians, and in the purchase of stock-cattle, horse-teams, harness, wagons, mowing-machines, horse-rakes, threshing-machines and agricultural implements for issue to said Indians, and also in the purchase of material for the construction of houses or other necessary buildings for said Indians: Provided, That a reasonable amount of the said principal fund, not exceeding ten per cent annually, may also be expended for the comfort, benefit and improvement of said Indians, in the discretion of the Secretary of the Interior: Provided further, That a portion of the principal fund or of the proceeds derived from the sales of the said diminished Reservation may be paid to the Indians in cash per capita, share and share alike, if in the opinion of the Secretary of the Interior such payments will further tend to improve the condition and advance the progress of said Indians, but not otherwise.
ARTICLE IV. It is further agreed that the one million five hundred thousand dollars in full payment to said Indians for the lands opened to settlement by the Act of July first, eighteen hundred and ninety-two, together with the proceeds derived from the sales of the surplus lands of the said diminished Reservation, in conformity with the provisions of the [sic] this agreement, shall be paid into the Treasury of the United States and paid to the Indians belonging to and having tribal rights on the Colville Indian Reservation, or expended on their account, only as provided in this agreement.
ARTICLE V. It is understood that nothing in this agreement contained shall in any manner bind the United States to purchase any portion of the surplus land in said diminished Reservation, or to dispose of said surplus lands except as provided herein, or to guarantee to find purchasers for said surplus lands or any portion thereof, it being the understanding that the United States shall act as trustee for said Indians to dispose of said lands and pay over to the said Indians, or expend for their benefit, the proceeds derived from the sale thereof only as received, as herein provided.
ARTICLE VI. It is further understood that nothing in this agreement shall be construed to deprive the said Indians of the Colville Indian Reservation, Washington, of any benefits to which they are entitled under existing treaties or agreements, not inconsistent with the provisions of this agreement.
ARTICLE VII. This agreement shall take effect and be in force when signed by James McLaughlin, U. S. Indian Inspector, and by a majority of the male adult Indians, parties hereto, and when accepted and ratified by the Congress of the United States.
In witness whereof, the said James McLaughlin, U. S. Indian Inspector, on the part of the United States, and the male adult Indians belonging to and having tribal rights on the Colville Indian Reservation, Washington, have hereunto set their hands and seals at the Colville Agency, Miles, Washington, this first day of December, A. D., Nineteen hundred and five.
[SEAL]
JAMES McLAUGHLIN,
United States Indian Inspector.
No., Name, Age, Tribe
1. Joe Moses, 40, Columbia.
2. Poker Joe, 53, Do.
3. Louis Qui-et-sa, 66, Do.
4. Charley Ohista me na, 65, Do.
5. Tom netza, 58, Do.
6. Snow ton ek, 70, Do.
7. Jim Te-ow is it, 60, Do.
8. Charley Quel chin, 45, Do.
9. Charley Ka-a-kin, 50, Do.
10. Moses Pa co tus, 26, Do.
11. Sque-ak ula, 60, Do.
12. Nam poo yea, 45, Do.
13. Jim Dick, 40, Do.
14. William Thomson, 34, Do.
15. Jake We i book, 25, Do.
16. Tom Ak a pit, 25, Do.
17. Peter Dan, 32, Do.
18. Billy Curlew, 35, Do.
19. Marshall Philamols, 21, Do.
20. Joe Sto a kin, 40, Do.
21. Columbia Joe, 40, Do.
22. John Coffee, 48, Do.
23. Sam We-yumpt, 52, Do.
24. Willie Joe, 21, Do.
25. Charley Corndale, 47, Do.
26. Sam Friedlander, 20, Do.
27. Herman Friedlander, 20, Do.
28. Louie Friedlander, 24, Do.
29. Johnnie Pe-el, 25, Do.
30. George Nespelem, 42, Nespelem.
31. Little Louis, 44, Do.
32. Charley Sque tim kin, 46, Columbia.
33. Harry Louie, 25, Do.
34. Albert Waters, 35, Nez Perces.
35. Henry Curlew, 40, Do.
36. Wolf Head, 60, Do.
37. Yellow Wolf, 45, Do.
38. David Williams, 40, Do.
39. Rose-Bush, 50, Do.
40. Little Man Chief, 60, Do.
41. Come Down, 45, Do.
42. Little Wolf, 50, Do.
43. Charley Mockton, 45, Do.
44. Jesse Chief, 30, Do.
45. Tom Waters, 24, Do.
46. Robert Johnson, 33, Do.
47. Luke Wilson, 32, Nez Perces.
48. Young Felix, 32, Columbia.
49. Benjamin Grant, 52, Nez Perces.
50. Charley Yet ta mo set, 53, Columbia.
51. Tom-e-o, 50, Do.
52. Tes pa loose, 48, Do.
53. Big Dave, 40, Do.
54. Cleveland Peo Peo kow not, 35, Do.
55. Tom pow een, 44, Do.
56. Thomas Wat kat, 54, Do.
57. Sam Tes pa loose, 20, Do.
58. Stim a tine, 35, Do.
59. Ska lum kin, 38, Do.
60. Peter Simpson, 46, Nespelem.
61. Fred Runnels, 30, Okanogan.
62. George W. Moore, 21, San Poil.
63. George La humpt, 55, Columbia.
64. Mashel Cilahhetsa, 26, Do.
65. Johnnie Hil a kocen, 27, Nespelem.
66. William Jarvis, 20, Okanogan.
67. Joseph Borgeau, 61, Colville.
68. Alex Raymond, 48, Okanogan.
69. Gilbert Desautel, 24, Do.
70. Maxim Desautel, 51, Do.
71. Henry Covington, 39, San Poil.
72. Chas. Bourrau, 26, Colville.
73. Joe James, 32, San Poil.
74. Mackey Jugrim, 34, Do.
75. Barnaby, Chief, 65, Colville.
76. Edward Peschet, 87, Do.
77. Big Alex, 43, Do.
78. Louie Sousop, 60, Do.
79. Joe Edwards, 42, Do.
80. Charley Inquamastise, 49, Do.
81. Chas. M. Thorp, 29, Okanogan.
82. Peter Monaghan, 42, Colville.
83. Narcisse Peone, 51, Do.
84. Charley Smoke, 60, Do.
85. Jim Stenger, 55, Do.
86. Raymond Peone, 18, Do.
87. Edward Peone, 20, Do.
88. Felix Desautel, 28, Okanogan.
89. Augustus Paul, 28, Colville.
90. Dick Aurapakin, 46, Do.
91. Charley Quapilican, 47, San Poil.
92. Julius Warren, 23, Okanogan.
93. Alex mo, 62, Colville.
94. Michelle Grandlouis, 44, Do.
95. Little Aleck, 40, Do.
96. Joseph Grandlouis, 58, Do.
97. Alex Simpson, Sr., 52, Do.
98. Alex Quill, 52, Do.
99. George Poor Moon, 38, Do.
100. Charles Abraham, 42, Do.
101. Peter Alex, 42, Lake.
102. Charley Scomochin, 50, San Poil.
103. Octave Gendron, 55, Colville.
104. Andrew Orpaughen Chief, 65, Lake.
105. James Bernard, 50, Do.
106. Peter Paul, 46, Do.
107. Antoine, Chief, 66, Okanogan.
108. Baptiste Tonasket, 44, Do.
109. George Herron, 72, Do.
110. Augustus Grant, 50, Lake.
111. Long Alex, 66, Okanogan.
112. Alex Hayes, 22, Lake.
113. John Francis, 19, Okanogan.
114. Francois, 42, Do.
115. Joe Adolph, 22, Do.
116. Jerome, 71, Lake.
117. Bashaw Tom tu sel, 76, Do.
118. Johnny McDougal, 37, Okanogan.
119. Hercules Hayward, 20, Do.
120. Louis McDougal, 20, Do.
121. Pierre Ignace, 35, Do.
122. Nicholas Jerome, 35, Lake.
123. Adrian, 33, Do.
124. Tom Dolph, 36, Okanogan.
125. Edward Cyprian, 46, Lake.
126. Peter J. Pickette, 18, Do.
127. Pierre Peshet, 34, Do.
128. Thaddeus Moore, 27, San Poil.
129. Ignace Charley, 24, Lake.
130. Peter Perkins, 35, Do.
131. Francis Camile, 42, Colville.
132. Ignace Seymour, 27, Lake.
133. John Jane, 30, Do.
134. Alex Simpson Jr., 20, Colville.
135. Tony Williams, 62, Lake.
136. Louie Charley, 30, Colville.
137. Pierre Sintgue, 46, Okanogan.
138. Narcis Nicholson, 25, Do.
139. Alex Nicholson, 34, Do.
140. Louis Sil sa letsa, 70, Colville.
141. Stanislaus, 28, Do.
142. San Pierre, 24, Okanogan.
143. Alexis Christy, 23, Lake.
144. Charley Nobert, 57, Do.
145. Charley Louie, 36, Do.
146. Andrew Seymore, 47, Do.
147. Alexsis Hayes, 47, Do.
148. Antoine Tee kut, 60, Do.
149. Narcisse Baptiste, 26, Okanogan.
150. Andrew Day, 30, Do.
151. Andrew White, 51, Colville.
152. Lewie Toujon, 38, Lake.
153. Pierre Gregory, 40, Okanogan.
154. Albert C. Toulon, 26, Lake.
155. Johnnie Beall, 27, Okanogan.
156. Joseph Quintasket, 42, Lake.
157. Joe Ignace, 40, Okanogan.
158. Joseph Pashet, 40, Lake.
159. Paul Antoine, 26, Okanogan.
160. John Mo tel kiah, 44, Do.
161. Paul Que que yuse, 35, Do.
162. Joe B. Lafleur, 47, Do.
163. Joaquin Lafleur, 28, Do.
164. Joe Lafleur, 25, Okanogan.
165. Marcelle Lafleur, 21, Do.
166. Guss Harvey, 27, Do.
167. Mescho Lafleur, 66, Do.
168. Ignace Chief, 80, Do.
169. Louise Thomas, 39, Colville.
170. Emanue McDonald, 41, Okanogan.
171. Antoine Siltikin, 46, Do.
172. Louie Ma out it, 80, Colville.
173. William F. Pooler, 24, San Poil.
174. John Gengro, 34, Okanogan.
175. Louis Arnold, 29, Lake.
176. William Gunn, 32, Do.
177. Luke Lemers, 46, Do.
178. William Manuel, 22, Do.
179. George Doolittle, 47, Do.
180. Jos. Seymour, 47, Do.
181. Wiley P. Kelley, 21, Do.
182. Walter Kelley, 19, Do.
183. Bernard Narcisse, 22, Do.
184. Alex Narcisse, 19, Do.
185. William Miller, 46, Do.
186. Charles Hope, 55, Do.
187. Augustus Williams, 62, Do.
188. Charles Smith, 55, Lake.
189. Louis Stone, 35, Do.
190. Charles Narcisse, 52, Do.
191. Joseph Grant, 23, Do.
192. Seymour Phmilps, 67, Do.
193. Gregory Paul, 18, Do.
194. Peter Arcasa, 54, Do.
195. Charles Arcasa, 49, Do.
196. Xavier Arcasa, 47, Do.
197. Marcelle Arcasa, 23, Do.
198. Alex Herron, 31, Okanogan.
199. Charles Or-paughen, 43, Lake.
200. Robert Bailey, 42, Do.
201. Harry Boyd, 33, Do.
202. Abraham Philips, 22, Do.
203. Charles Goosmas, 68, Do.
204. Joseph Shulock, Jr., 43, Okanogan.
205. Joseph Medore, 45, Lake.
206. Cornelis Philip, 47, Do.
207. Joseph Shulock, Sr., 81, Okanogan.
208. Joseph Somday, 40, Do.
209. Dennis Peone, 41, Do.
210. Paul Shulock, 30, Do.
211. Frank Tonasket, 20, Do.
212. Adolph Desautel, 48, Do.
213. Alex Gengro, 44, Do.
214. Stephen Lambert, 73, Do.
215. Joseph Desautel, 20, Do.
216. William Desautel, 18, Do.
217. David Herron, 30, Do.
218. Frank O'Brien, 42, Do.
219. Antoine O'Brien, 18, Do.
220. Stephen Berwirr, 38, Do.
221. Edward Pelissier, 43, Colville.
222. Miles A. Pelissier, 24, Do.
223. Madie Gendron, 30, Do.
224. Anthony Gendron, 36, Do.
225. Cla-cum-nes-ket, 40, Columbia.
226. Quil-ta-ne-nock, 28, Do.
227. Jack Curlew, 20, Do.
228. Whiskey Dick, 72, Do.
229. Kash-e-kash-e, 71, Do.
230. Gam-out, 37, Do.
231. Uke-sa-net, 50, Do.
232. Pa-hat-wa-la-skisit, 66, Nez Perce.
233. Louis Picard, 38, Columbia.
234. Crow Blanket, 50, Nez Perce.
235. Jimmie Sam-poo, 22, Do.
236. Two Months, 70, Do.
237. Willie Andrews, 29, Nez Perce.
238. Jim-Pia-tote, 26, Columbia.
239. Wa-lon-ee, 21, Do.
240. We-i-ah-losh-it, 18, Do.
241. Chuch-Louse, 30, Do.
242. Charley Che-la-yum, 23, Do.
243. Se-cum-stetsa, 40, Do.
244. Tom-ah-tu-ti-at, 24, Do.
245. Kis-as-kin, 55, Do.
246. Spaur-hi, 50, Do.
247. Com-ee-yuse, 70, Columbia.
248. Chu-we-ah, 40, Do.
249. Ska-at, 43, Do.
250. Pia-tote, 70, Do.
251. James Crow, 22, Do.
252. Billy Simpson, 25, Do.
253. Ar-kish-kish, 60, Do.
254. Scott, 21, Do.
255. Dick Lew-los-le-wit, 70, Do.
256. Pe-al, 67, Do.
257. Chap-al-la, 43, Do.
258. Cum-cum-chen-i-ken, 70, Do.
259. Sam Wat-at-ken, 62, Do.
260. Quan-to-la, 80, Do.
261. Jim-ko-tat-pa, 40, Do.
262. Wam-am-kin, 40, Do.
263. Qual-kin, 70, Do.
264. She-ow-wa, 25, Do.
265. Jim Wau-e-jie, 44, Do.
266. John Dick (Tom-ka-ac-ken), 22, Do.
267. William Pole, 38, Nez Perce.
268. Umatilla Jim, 65, Columbia.
269. Sher-rah-pik-ew-ah, 35, Do.
270. Ska-loom, 40, San Poil.
271. We-ow-wat-at-kin, 25, Columbia.
272. Joe Louie, 37, Okanogan.
273. St. Paul, 63, Colville.
274. Edwards Abraham, 33, Do.
275. Sausap John, 35, Do.
276. Dupies Victor, 33, Do.
277. Pete Noyes, 34, Do.
278. Willie Dupuis, 21, Colville.1
279. Peschet, Joe, 56, Do.
280. Gabriel, 80, Do.1
281. Seymore, 90, Do.1
282. Andrew Stil-hu, 80, Do.1
283. Charles Hall, 40, Do.1
284. La Fleur Ed, 27, Do.1
285. Will Snyder, 23, Do.
286. Isaac Que-tu-la, 80, Do.
287. Mullen Joe, 30, Do.
288. Paschell Heman, 67, Do.
289. Isaac Stenegar, 30, Do.
290. Link-Whip-oup-kin, 45, Do.
291. Alex Marchand, 18, Do.
292. J. Heman Bourgeau, 21, Do.
293. Joe Cultas, 72, Do.
294. Andrew Phillip, 47, Do.
295. Nicholas Saw-whit-i-can, 52, Do.
296. Peschet John, 36, Do.
297. Walter McClung, 20, Do.
298. Pierre, 54, Do.
299. Alexander Louie, 30, Do.1
300. George Stensgar, 30, Do.
301. Philip Paul, 27, Do.
302. Theodore Bourgeau, 38, Do.
303. Smith Charlie, 30, Do.1
304. Noel-Co-Col-can Swo-op-to, 60, Do.
305. Andrews Phillips, 50, Do.
306. Stenger Alex, 42, Do.
307. Stenger John, 64, Do.
308. Baptiste, 32, Do.
309. Thomas Isaac, 36, Do.1
310. Pierre Felix, 30, Do.
311. Albert White, 36, Do.
312. Sausap Oh-heb-sekin, 72, Do.
313. La Fleur, Noel, 39, Do.
314. Merchand Ben, 42, Do.
315. Peter Marchand, 20, Do.
316. Paul, 62, Do.
317. Robert Hall, 24, Do.
318. Albert Hall, 26, Do.
319. James Finley, 35, Do.
320. Gregory, 27, Do.
321. Alex, 18, Do.
322. Charlie Merchand, 23, Do.1
323. Richard Merchand, 27, Do.1
324. Noel Mi-ala-kin, 47, Do.1
325. Stenger Willie, 35, Do.
326. Peter Marchaw, 38, Do.1
327. Quill Jerome, 26, Do.
328. John Butler, 38, Colville.
329. Grand Alex, 33, Do.
330. Lawson Sut-re-moc, 45, Do.
331. Hawk Joe, 45, Do.
332. Louie Joseph, 45, Do.
333. Little Jim Amos Goo-but-tee, 70, Do.
334. Nicholson Victor, 32, Do.
335. John, 30, Do.
336. Pierre, 30, Do.1
337. Casimere Joseph, 19, Do.
338. Augusta Ed, 18, Do.1
339. August Co-la-lan, 25, Colville.
340. Alexander Day Light, 110, Do.
341. George Hall, 21, Do.
342. Swayse, 40, Do.
343. George Whitelaw, 19, San Poil.
344. Gus Whitelaw, 24, Do.
345. Eli Raymond, 22, Okanogan.
346. William E. Stuart, 26, Lake.
347. Robert J. Stuart, 18, Lake.
348. William P. Hall, 31, Colville.
349. Edward Tremblay, 18, Do.
350. Anthony Pelissier, 18, Do.
1 North half.
Revised census rolls show the following male adult Indians belonging to the Colville Reservation:
Okanogans, 140
Lakes, 79
Columbias, 89
Nez Perces, 24
Colvilles, 106
San Poils, 63
Okanogans and Nespelems, 56
Total, 557
We, the undersigned, hereby certify that the foregoing agreement was fully explained by us in open council to the Indians of the Colville Indian Reservation, Wash., and that it was fully understood by them before signing.
SARAH M. NEE,
GEORGE NESPELEM,
Interpreters.
Colville Agency, Wash., December 16, 1905.
We, the undersigned, hereby certify that we witnessed the signatures of James McLaughlin, United States Indian inspector, and the 350 Indians of the Colville Indian Reservation, Wash., to the foregoing agreement.
OSCAR H. KELLER, Agency Clerk.
THOMAS McCROSSON, Additional Farmer.
WILLIAM H. KUNSE, Additional Farmer.
Colville Agency, Wash., December 16, 1905.
I certify that the total number of male adult Indians over 18 years of age belonging on the Colville Indian Reservation, Wash., is 557, of whom 350 have signed the foregoing agreement.
JNO. McA. WEBSTER,
Captain, U. S. A., United States Indian Agent.
Colville Agency, Wash., December 16, 1905.