California State Military
DepartmentCalifornia State Military
DepartmentA temporary camp established in on 3 June 1851 for the purpose of signing a treaty (shown below) with several Native American tribes in the area of what is today Sequoia National Forest.
A treaty of peace and friendship, formed and concluded at Camp
Burton, on Paint Creek, in the State of California, on the third
day of June, eighteen hundred and fifty-one, between George W.
Barbour, one of the commissioners appointed by the President of
the United States to make treaties with the various Indian tribes
in the State of California, and having full authority to act,
of the first part, and the chiefs, captains and head men of the
following tribes of Indians, to wit: Chu-nute, Wo-wol, Yo-lum-ne,
Co-ye-tie, of the second part.
ARTICLE 1.
The said tribes of Indians jointly and severally acknowledge themselves
to be under the exclusive jurisdiction, control and management
of the government of the United States, and undertake and promise
on their part, to live on terms of peace and friendship with the
government of the United States and the citizens thereof, with
each other, and with all Indian tribes at peace, with the United
States.
ART. 2.
It is agreed between the contracting parties, that for any wrong
or injury done by individuals of either party to the person or
property of those of the other, no personal or individual retaliation
shall be attempted, but in all such cases the party aggrieved
shall apply to the proper civil authorities for a redress of such
wrong or injury; and to enable the civil authorities more effectively
to suppress crime and punish guilty offenders, the said Indian
tribes jointly and severally promise to aid and assist in bringing
to justice any person or persons that may be found at any time
among them, and who shall be charged with the commission of any
crime or misdemeanor.
ART. 3.
It is agreed between the parties that the following districts
of country be set apart and forever held for the sole use and
occupancy of said tribes of Indians, to wit: To the Chu-nute and
Wo-wol tribes, all that district of country lying between the
head of the Tulare or Tache lake and Kern or Buena Vista lake;
to the Ya-lum-ne and Co-ye-tie tribes, all that district of country
lying between the Tule River and Paint Creek, and between the
Emigrant road (being the same over which the military escort accompanying
the said commissioner passed to this camp) and the Sierra Nevada,
running the lines from the head of Tule river and Paint Creek
in the same general direction of said streams to the nearest points
of the Sierra Nevada, reserving to the government of the United
States and to the State of California the right of way over said
territories and the right to erect any military post or posts,
houses for agents, officers, and others in the service or employment
of the government in each of said territories. In consideration
of the foregoing, the said tribes of Indians jointly and severally
forever quit claims to the government of the United States to
any and all lands to which they or either of them now or may ever
have had any claim or title whatsoever.
ART. 4.
In further consideration of the premises, and for the purpose
of aiding in the subsistence of said tribes of Indians, for the
period of two years from this date, it is agreed by the party
of the first part to furnish said tribes jointly (to be distributed
in proper proportions among them) with two hundred beef cattle
to average five
Page 1100
hundred pounds each, for each year. It is further agreed, that as soon after the ratification of this treaty by the President and Senate of the United States as may be practicable and convenient, the said tribes shall be furnished jointly (to be distributed as aforesaid) and free of charge, with the following articles of property, to wit: thirty cows and two bulls, six large and six small ploughs, twelve sets of harness complete, twelve work mules or horses, twelve yoke of California oxen, fifty axes, one hundred hoes, fifty spades or shovels, fifty mattocks or picks, all necessary seeds for sowing and planting for one year, one thousand pounds of iron, two hundred pounds of steel, five hundred blankets, two pairs of coarse pantaloons and two flannel shirts for each man and boy over fifteen years old, one thousand yards of linsey cloth, same of cotton cloth, and the same of coarse calico, for clothing for the women and children, twenty-five pounds of thread, two thousand needles, two hundred thimbles, six dozen pairs of scissors, and six grindstones.
ART. 5.
The United States agree further to furnish to each of said districts,
a man skilled in the business of farming, to instruct said tribes
and such others as may be placed under him, in the business of
farming; one blacksmith, and one man skilled in working in wood
(wagon maker or rough carpenter); one supervisor and such assistant
school-teachers as may be necessary, all to live among, work for,
and teach said tribes and such others as they may be required
to work for and teach; said farmer, blacksmith, worker in wood,
and teachers, to be supplied to said tribes and continued only
so long as the President of the United States shall deem advisable;
a school-house and other buildings necessary for the persons mentioned
in this article to be erected at the cost of the government of
the United States.
This treaty to be binding on the contracting parties when ratified and confirmed by the President and Senate of the United States of America.
In testimony whereof, the parties have hereto signed their names and affixed their seals, this the day and year first written.
G. W. BARBOUR. [SEAL.]
Chu-nute:
JUAN, his x mark, chief. [SEAL.]
CALISTRO, his x mark. [SEAL.]
GASPER, his x mark. [SEAL.]
NICOLAS, his x mark. [SEAL.]
Ya-lum-ne:
JOAQUIN, his x mark, chief. [SEAL.]
JOSE MARIA, his x mark. [SEAL.]
JUAN ANTONIO, his x mark. [SEAL.]
Ka-ye-te:
JOSE ANTONIO, his x mark, chief. [SEAL.]
JUAN MARIA, his x mark. [SEAL.]
MANUEL, his x mark. [SEAL.]
Wo-wol:
ANTONIO, his x mark, chief. [SEAL.]
BI-TAR, his x mark. [SEAL.]
ZA-CA-RI-AH, his x mark. [SEAL.]
CO-MI-TES, his x mark, chief. [SEAL.]
Signed and sealed in duplicate, after having been read and fully explained, in presence of—
H. S. BURTON, Interpreter.
KIT BARBOUR, Secretary.
E. D. KEYES, Captain Third Artillery.
J. C. FREMONT.
W. S. KING, Assistant Surgeon, U. S. Army.
I. H. LENDAUM, Brevet Captain, U. S. Army.
J. HAMILTON, Lieutenant 3d Artillery.
H. G. J. GIBSON, Second Lieutenant 3d Artillery.