California State Military
DepartmentCalifornia State Military
DepartmentA temporary camp established on 10 June 1851 for the purpose of signing a treaty (shown below) with several Native American tribes in the area of what is the southern San Joaquin Valley.
A treaty of peace and friendship made and entered into at Camp
Persifer F. Smith at the Texon pass, in the State of California,
on the tenth 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: Castake, Texon, San
Imirio, Uvas, Carises, Buena Vista, Sena-hu-ow, Holo-cla-me, Soho-nuts,
To-ci-a, and Hol-mi-uh, 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 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 district of
country be set apart and forever held for the sole use and occupancy
of said tribes of Indians, to wit: beginning at the first forks
of Kern river, above the Tar springs, near which the road travelled
by the military escort, accompanying said commissioner to this
camp crosses said river, thence down the middle of said river
to the Carises lake, thence to Buena Vista lake, thence a straight
line from the most westerly point of said Buena Vista lake to
the nearest point of the Coast range of mountains, thence along
the base of said range to the mouth or westerly terminus of the
Texon pass or Canon, and from thence a straight line to the beginning;
reserving to the government of the United States and to the State
of California, the right of way over said territory, and the right
to erect any military post or posts, houses for agents, officers
and others in the service or employment of the government of said
territory. In consideration of the foregoing, the said tribes
of Indians, jointly and severally, forever quit claim to the government
of the United States to any and all other lands to which they
or either of them now have or may ever 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 one hundred and fifty
beef cattle, to average five 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: 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, three
thousand needles, two hundred thimbles, six dozen pairs of scissors,
and six grindstones.
ART. 5.
The United States agree further to furnish 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 wood, (wagon maker or rough carpenter;)
one superior 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.]
Texon:
VINCENTE, his x mark, chief. [SEAL.]
CHICO, his x mark, chief. [SEAL.]
PABLO, his x mark. [SEAL.]
JOSE ANTONIO, his x mark. [SEAL.]
MARTIN, his x mark. [SEAL.]
FRANCISCO, his x mark. [SEAL.]
Castake:
RAFAEL, his x mark, chief. [SEAL.]
FRANCISCO, his x mark. [SEAL.]
MANUEL, his x mark. [SEAL.]
San Imirio:
JOSE MARIA, his x mark, chief. [SEAL.]
FRANCISCO, his x mark. [SEAL.]
Uvas:
ANTONIO, his x mark. [SEAL.]
Carises:
RAYMUNDO, his x mark, chief. [SEAL.]
JUAN, his x mark. [SEAL.]
JUAN DE DIOS, his x mark. [SEAL.]
Buena Vista:
APOLONIO, his x mark, chief. [SEAL.]
Sena-hu-ow:
JOAQUIN, his x mark, chief. [SEAL.]
EMITERIO, his x mark, chief. [SEAL.]
NICOLAS, his x mark. [SEAL.]
BENANCIO, his x mark. [SEAL.]
Holo-cla-me:
URBANO, his x mark, chief. [SEAL.]
OLORICO, his x mark. [SEAL.]
Soho-nuts:
JOSE, his x mark, chief. [SEAL.]
MARIANO, his x mark. [SEAL.]
To-ci-a:
FELIPPE, his x mark, chief. [SEAL.]
PEDRO, his x mark. [SEAL.]
URBANO, his x mark. [SEAL.]
Hol-mi-uh:
FRANCISCO, his x mark, chief. [SEAL.]
TOMAS, his x mark. [SEAL.]
Signed and sealed in duplicate, after having been read and fully explained in the presence of—
H. S. BURTON, Interpreter.
KIT BARBOUR, Secretary.
W. S. KING, Assistant Surgeon, United States Army.
J. H. LENDRUM, Brevet Captain, Third Artillery.
J. HAMILTON, Lieutenant, Third Artillery.
H. G. J. GIBSON, Second Lieutenant, Third Artillery.
WALTER M. BOOTH.