California State Military
DepartmentCalifornia State Military
Department
A treaty of peace and friendship made and concluded at Camp Klamath,
at the junction of the Klamath and Trinity rivers, between Redick
McKee, one of the Indian agents specially appointed to make treaties
with the various Indian tribes in California, on tree part of
the United States, and the chiefs, captains, and head men of the
tribes or bands of Indians now in council at this camp, representing
the Poh-lik or lower Klamath, the Peh-tsick or upper Klamath,
and the Hoo-pah or Trinity river Indians; containing also stipulations
preliminary to future measures to be recommended for adoption,
on the part of the United States.
ARTICLE 1.
The said tribes or bands acknowledge themselves, jointly and severally
under the exclusive jurisdiction, authority and protection of
the United States; and hereby bind themselves to refrain hereafter
from the commission of all acts of hostility or aggression towards
the government or citizens thereof, and to live on terms of peace
and friendship among themselves, and with all other Indian tribes
which are now or may hereafter come under the protection of the
United States.
ART. 2.
Lest the peace and friendship established between the United States
and the said tribes should be interrupted by the misconduct of
individuals, it is expressly agreed that, for injuries received
on either side, no private revenge or retaliation shall take place
or be attempted; but instead thereof, complaints shall be made
by the party aggrieved to the other, through the Indian agent
of the United States in their district, whose duty it shall be
to investigate, and, if practicable, adjust the difficulty; or,
in case of acts of violence being committed upon the person or
property of a citizen of the United States by an Indian or Indians
belonging to or harbored by either of said tribes or bands, the
party or parties charged with the commission of the crime shall
be promptly delivered up when demanded, to the civil authorities
of the State of California for trial; and in case the crime has
been committed by a citizen or citizens of the United States upon
the person or property of all Indian or Indians of either of said
tribes, the agent shall take all proper measures to bring the
offender or offenders to trial in the same way.
ART. 3.
The said tribes or bands hereby jointly and severally relinquish,
cede, and forever quit claim to the United States, all their right,
title, claim or interest of any kind which they or either of them
have to lands or soil in California.
ART. 4.
To promote the settlement and improvement of said tribes or bands,
it is hereby stipulated and agreed, on the part of the United
States, that the following tract or district of land shall be
appropriated and set apart as an Indian reservation, and the use
and possession thereof forever guaranteed to the said tribes,
their successors, and to such other tribes as the United States
may hereafter remove from other parts of the valleys of the Trinity
or Klamath rivers, or the country adjacent, and settle thereupon,
to wit: commencing at the mouth of a stream called John's creek,
emptying into Trinity river on the north side thereof, about fourteen
miles above this camp; thence running up the middle of the same
with its windings, to a distance of five miles; thence north to
the summit of the dividing ridge between the waters of the Trinity
and Klamath rivers; thence northwestwardly in a straight line
to a point on said Klamath river opposite the lower end of what
is now known as "Red Cap's" bar; thence due west to
the summit of the first ridge lying beyond the Klamath river;
thence southwestwardly along the summit of said ridge to a point
due north of the mouth of Pine creek; thence south to the mouth
of Sand creek; thence up Pine creek with its windings, to a point
due south of the place of beginning; and thence north to said
place of beginning. The said reservation including, by estimation,
a tract twenty miles in length by twelve miles in width, and containing
in all six or seven square miles of farming land. It is, however,
understood and agreed that the United States reserves the right
of way over said lands, and of using for farming purposes any
quantity thereof not exceeding one thousand acres; also the right
to establish such military posts, erect such buildings, and make
such improvements for the accommodation of their agent and other
officers or servants as the President may direct; also that said
tribes or bands shall never sell or alienate their right or claim
to any part thereof, except to the United States, nor shall they
ever lease to or permit white men to settle, work or trade upon
any part thereof without the written permission of the United
States Indian agent for the district.
ART. 5.
It is further stipulated and agreed that the said tribes or bands
shall, within three years from the date hereof, or sooner, if
thereto required by the United States, remove to and settle upon
said reservation; and that whenever said removal and settlement
shall be ordered by the United States or made by said tribes,
such farmers, mechanics, and school-teachers to instruct them
in the language, arts, and agriculture of the whites as the President
may deem expedient and proper, shall be assigned, provided for,
and settled among them, so as to place the Indians on said reservation
in a situation as favorable for their improvement (being in like
manner supplied with facilities for farming, stock-raising, &c.,)
as by the treaty of Lu-pi-yu-ma on the 20th day of August, 1851,
is stipulated to be assigned to and provided for the Clear Lake
Indians. It is understood, however, that if upon examination by
the Indian agent it is found that any of the articles or supplies
provided in said treaty for the Clear Lake Indians shall be unnecessary
for or unsuited to the Indians on the Trinity and Klamath, the
President may in his discretion withhold the same, and invest
the value thereof in other and more suitable goods. And it is
further expressly agreed and understood that if either of said
tribes or bands, or other Indians harbored by them shall be guilty
of theft, robbery or murder, either upon the persons and property
of Indians or whites, the United States may exclude such tribe
or band from all the benefits of this treaty.
ART. 6.
As early as convenient after the ratification of this treaty by
the President and Senate, the United States will deliver to the
said Klamath and Trinity Indians, through their agent, during
each of the years 1852 and 1853, viz: five hundred pairs two and
a half point Mackinaw blankets, five hundred pairs strong cotton
pantaloons, five hundred cotton (hickory) shirts, five hundred
red flannel shirts, five hundred strong cotton or linsey gowns,
three thousand yards of calico, three thousand yards of four-fourths
brown sheetings, thirty pounds Scotch thread, five thousand needles,
six dozen pairs scissors, two gross thimbles, ten pounds pins,
ten dozen nine-inch flat files, thirty-five dozen large size butcher
knives, ten mattocks, one hundred garden or corn hoes, two hundred
chopping axes, handled, common size, two hundred chopping axes,
handled, small size; one hundred sheet-iron camp kettles, large
size; one hundred sheet-iron camp kettles, second size. It is
understood, however, that the agent shall use a sound discretion
as to the time when, and the tribes or persons to whom the said
goods shall be distributed, having reference to their peaceful
disposition and good conduct.
ART. 7.
In consideration of the premises, the United States, in addition
to the numerous presents of beef, bread, sugar, blankets, shirts,
&c., &c., made to said tribes at this camp, will, within
sixty days from the date hereof, furnish them free of charge at
the ferry of C. W. Durkee, in Klamath river, to enable them to
rebuild the houses recently destroyed by the whites, with four
dozen chopping axes, handled, ten sacks of hard bread, and four
bullocks, sixteen pairs heavy blankets, to be distributed among
them by said Durkee, according to their respective losses.
ART. 8.
These articles to be binding upon the contracting parties when
ratified by the president and Senate of the United States.
In testimony whereof the parties have hereunto signed their names and affixed their seals this sixth day of October, anno Domini 1851.
[SEAL.]
REDICK McKEE,
United States Indian Agent for California.
For and in behalf of the Wetch-peck tribe, living at mouth of Trinity:
WUCK-UG-GRA, his x mark. [SEAL.]
WA-PE-SHAW, his x mark. [SEAL.]
SA-SA-MICH, his x mark. [SEAL.]
EN-QUA or AMOS, his x mark. [SEAL.]
For and in behalf of Wuh-si tribe, living three miles below mouth of Trinity river:
MO-RU-KUS, his x mark. [SEAL.]
For and in behalf of the Cap-pel tribe:
MAH-ON, his x mark. [SEAL.]
For and in behalf of the Mor-ri-ahs:
MAH-ON, his x mark. [SEAL.]
WUS-SUR, his x mark. [SEAL.]
UP-PER-GASH, his x mark. [SEAL.]
For and in behalf of the Ser-a-goines:
UP-LA-GO-PUS, his x mark. [SEAL.]
MOO-ROO-KUS, his x mark. [SEAL.]
SA-ET-MA-GEHL, his x mark. [SEAL.]
For and in behalf of the Pak-wan tribe:
CAP-PEL-LA-WAH, his x mark. [SEAL.]
For and in behalf of the Ut-cha-pah tribe, living near the mouth of Bluff creek:
E-NE-NUCK, his x mark. [SEAL.]
MOW-WEIGHT, his x mark. [SEAL.]
For and in behalf of the Up-pa-goines, living near "Red Cap's" bar, on Klamath river:
KEE-CHAP, his x mark. [SEAL.]
RED CAP or MIK-KU-REE his x mark. [SEAL.]
For and in behalf of the Sa-von-ra tribe:
SA-VON-RA, his x mark. [SEAL.]
UP-PA-GRAH, his x mark. [SEAL.]
EX-FIN-E-PAH, his x mark. [SEAL.]
For and in behalf of Cham-ma-ko-nee tribe:
KA-TOP-KO-RISH, his x mark. [SEAL.]
For and in behalf of the Coc-ko-man tribe:
PA-NA-MO-NEE, his x mark. [SEAL.]
For and in behalf of the Chee-nah tribe, living ten miles below mouth of Salmon river:
AK-KA-REE-TA, his x mark. [SEAL.]
For and in behalf of the Hoo-pahs or Trinity river Indians, residing in twelve rancherias or villages:
Principal chief, AH-ROOK-KOS, his x mark. [SEAL.]
TE-NAS-TE-AH or JOHN, his x mark. [SEAL.]
MET-POOKA-TA-MAH, his x mark. [SEAL.]
NIC-A-OVA-EN-NA, his x mark. [SEAL.]
WASH-TEN, his x mark. [SEAL.]
Signed, sealed and delivered, after being duly explained, in presence of—
JOHN MCKEE, Secretary.
C. W. DURKEE, GEORGE GIBBS, Interpreters.
H. W. WESSELLS, Brevet Major, U. S. A., commanding escort.
WALTER VAN DYKE, GEO. W. ELLSWORTH, MORRIS. S. THOMPSON, WALTER McDONALD, Interpreters.
The undersigned chiefs, captains and head men of the Si-wah, Op-pe-o,
He-ko-neck and In-neck tribes or bands of Indians, residing at
and near to the mouth of the Cor-a-tem or Salmon river, having
had the terms and stipulations of the foregoing treaty, concluded
at Durkee's ferry on the 6th instant, fully explained to them
by Redick McKee, Indian agent of the United States, having expressed
an earnest desire to become parties to the said treaty in all
its articles and stipulations, it is therefore agreed by and between
the said agent and the said chiefs, &c., that the said bands
be and hereby are admitted as parties to the same, and to the
advantages thereof, and become bound by the stipulations therein
contained as fully in all respects as if they had been parties
thereto originally.
In testimony whereof the parties have hereunto signed their names and affixed their seals at Camp Cor-a-tem, near mouth of Salmon river, this twelfth day of October, anno Domini, 1851.
[SEAL.]
REDICK McKEE,
United States Indian Agent
For and in behalf of the Si-wah band:
ESSE-PISH-I-A, his x mark.[SEAL.]
RES-SOW, his x mark. [SEAL.]
CHEE-FEE-CHA, his x mark. [SEAL.]
PI-RA-TEEM, his x mark. [SEAL.]
For and in behalf of the Op-pe-o band:
CA-POR-U-PUCK, his x mark. [SEAL.]
PEEK-NEETS, his x mark. [SEAL.]
For and in behalf of the He-ko-neck band:
YAH-FEE-PAH, his x mark.
HON-A-PUCK-IF-MA, his x mark. [SEAL.]
For and in behalf of the In-neck band:
SISH-K AH, his x mark. [SEAL.]
Signed, sealed and delivered after the foregoing treaty of 6th instant, and this addenda had been fully explained in presence of—
JOHN MCKEE, Secretary.
C. W. DURKEE, Interpreter
GEORGE GIBBS.
H. W. WESSELLS, Brevet Major U.S.A., commanding escort
JOHN S. GRIFFIN, Assistant Surgeon U.S.A.
WALTER MCDONALD.