HEADQUARTERS DISTRICT OF OREGON, April 24, 1861

Fort Vancouver, Wash. Ter., April 24, 1861.

Respectfully forwarded to the headquarters of the Department of the Pacific. It is recommended that the request of the superintendent of Indian affairs be complied with.

G. WRIGHT, Colonel Ninth Infantry, Commanding.

Articles of agreement made this 10th day of April, 1861, between Edward R. Geary, superintendent of Indian affairs for Oregon and Washington Territory, 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 the said nation, said parties acting in accordance with authority vested in them by the second article of the treaty between the United States and the Nez Pérces nation, of the 11th of June, 1855.

1. That portion of the Nez Percé Reservation lying north of the Snake and Clear Water Rivers, the South Fork ot Clear Water, and the trail from said South Fork by the Weipe 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 districts 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 Percé 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 the said described line may cross Snake River at any eligible point below the mouth of Clear Water.

3. The entire portion of the Nez Percé Reservation thus 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 bond as provided by law.

4, It is furthermore 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 Nez Percés in the rights secured to them by treaty and these articles of agreement,

Cuar. LXII.) CORRESPONDENCE—UNION AND CONFEDERATE. 469

In testimony whereof we have hereunto set our hands this day and year aforesaid at Lapwai, Nez Percé Reservation, the Territory of Washington.

EDWARD R. GEARY, Superintendent Indian Affairs, Oregon and Washington. A. J. CAIN, U. S. Indian Agent, Washington Territory.

[Signed on the part of the Indians by Lawyer, head chief of the Nez Percé nation, and forty-nine chiefs and head men.

eoo HEADQUARTERS DEPARTMENT OF THE PACIFIC, No. 5. San Francisco, April 25, 1861. In compliance with Special Orders, No. 86, dated War Department, Adjutant-General’s Office, Washington, March 23, 1861, I hereby assume command of this department. All concerned will govern themselves accordingly. E. V. SUMNER, Brigadier-General, U. S. Army.