1861 UNRATIFIED TREATY
"Report of the Commissioner of Indian Affairs," pp. 169-576. In U.S. House. 37th Congress, 3d Session. Report of the Secretary of the Interior, 1862 (H.Ex.Doc.1, Pt. 2). Washington: Government Printing Office, 1862. (Serial Set 1157).

G 11, Articles of Agreement with the Nez Percés, pp. 574-575

Articles of agreement made this 10th day of April, 1861, between Edward R. Geary, superintendent of Indian affairs for Oregon and Washington, and A. J. Cain, agent for the Nez Percés in behalf of the United States, and the chiefs and head men of the Nez Percés in behalf of said nation, said parties acting in accordance with authority vested in them by the 2d article of the treaty between the United States and the Nez Percés of the 11th of June, 1855.

1. That portion of the Nez Percé reservation lying north of the Snake and Clearwater rivers, the south fork of Clearwater and the trail from said south fork by the "Weipo root-ground, across the Bitter Root mountains, is hereby opened to the whites in common with the Indians for mining purposes, provided, however, that the root-grounds and agricultural tracts in said district shall, in no case, be taken or occupied by the whites, but shall remain for the exclusive use and benefit of the Indians.

2. No white person, other than those in the service of the United States, shall be permitted to reside upon or occupy any portion of the Nez Percés reservation south of the line above described, without the consent of the superintendent, agent, and tribe, except that the right of way to the mining district north of said described line may cross Snake river at any eligible point below the mouth of Clearwater.

3. The entire portion of the Nez Percés reservation hereby opened to the whites for mining purposes, shall in all respects be subject to the laws of the United States regulating trade and intercourse in the Indian country; and no person shall be permitted to trade therein without obtaining license and giving bonds as provided by law.

4. It is further agreed on the part of the United States that a sufficient military force shall be placed on the reservation to preserve the quiet of the country and protect the Indians in the rights secured to them by treaty and these articles of agreement.

In testimony whereof, we have hereunto set our hands this day and year aforesaid.

EDWARD R. GEARY,

Superintendent of Indian affairs, Oregon and Washington.

A. J. CAIN,

United States Indian agent, Washington Territory.

LA[W]YER,

Head chief Nez Percés nation, and forty-seven others.

Witnesses—

W. W. JOHNSON.

CHAS. H. FRUSH.

LUDWELL J. RECTOR.