Page:United States Statutes at Large Volume 15.djvu/725

TREATY WITH THE NEZ PERCE INDIANS. AUGUST 13, 1868. 693 Amendatory Treaty to the Treaty of Jzme 9, 1863, between the United States of America and the Mz Percé Tribe of Indians ; Uonduded, ‘ August 13, 1868; Ratification advised, February 16, 1869 ; Proclaimed, February 24, 1869. ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA, Augu.t1g’1g°j_ ro sm. sun siuoomn ro wnou runes rnnsmrrs sun:. conn, annum: Wumnmas to the treaty of the ninth of June, one thousand eight hundred Preamble. and sixty-three, between the United States and the Nez Percé tribe of V°r ‘l"· P· “7· Indians, an amendatory treaty was concluded at the city of Washington, in the District of Columbia, on the thirteenth day of August, in the year of our Lord one thousand eight hundred and sixty-eight, by and between Nathaniel G. Taylor, commissioner, on the part of the United States, Cqntrwtinz and Lawyer, head chief, and Timothy and Jason, chiefs, of the Nez Pm"' Percé tribe of Indians, on the part of said tribe of Indians, and duly authorized thereto by them, which amendatory treaty is in the words and figures following, to wit: Whereas certain amendments are desired by the Nez Percé tribe of Indians to . their treaty concluded at the Council Ground in the valley of the Lapwai, in the Territory of Washington, on the ninth day of Jane, in the year of our Lord one. thousand eight hundred and sixty-three; and whereas the United States are willing to assent to said amendments; it is therefore agreed by and between Nathaniel G. Taylor, commissioner, on the part of the United States, thereunto duly authorized, and Lawyer, Timothy, and Jason, chiefs of said tribe, also being thereunto duly authorized, in manner and form following, that is to say: Anrxonn I. That all lands embraced within the limits of the tract set Reservation. apart for the exclusive use and benefit of said Indians by the 2d article V*gi;*'·PP-6% of said treaty of June 9th, 1863, which are susceptible of cultivation and ' suitable for Indian farms, which are not now occupied by the United States for military purposes, or which are not required for agency or other buildings and purposes provided for by existing treaty stipulations, shall be surveyed as provided in the Sd article of said treaty of June 9th, 1863, and as soon as the allotments shall be plowed and fenced, and as soon as schools shall be established as provided by existing treaty stipulations, such Indians now residing outside the reservation as may be decided upon by the agent of the tribe and the Indians themselves, shall be removed to and located upon allotments within the reservation : Provided, however, That in case there should not be a sufficient quantity of Auommq, suitable land within the boundaries of the reservation to provide allotments for those now there and those residing outside the boundaries of the same, then those residing outside, or as many thereof as allotments can not be provided for, may remain upon the lands now occupied and improved by them, provided, that the land so occupied does not exceed twenty acres for each and every male person who shall have attained the age of twenty-one years or is the head of a family, and the tenure of those remaining upon lands outside the reservation shall be the same as is provided in said 3d article of said treaty of June 9th, 1863, for those