In 1860, prospectors encroaching on Nez Perce lands struck gold. In the ensuing rush, thousands of miners, merchants and settlers disregarded Washington Territorial Governor Isaac Steven’s treaty with the Nez Perce, overran large parts of the reservation, and took Indian lands and livestock. To cope with the crisis, the U.S. Government engaged the Nez Perce in new treaty talks in 1863.

When the government tried to get some bands to cede all or most of their lands, they refused and left the council. In their absence, other chiefs, without authority to speak for the departed bands, ceded lands. Those that did not sign –such as the Wallowa Band– became known as the “non–treaty” Nez Perce.