Treaty with The Kalapuya, etc
January 22, 1855
Articles of agreement and convention made and concluded
at Dayton, Oregon Territory, by Joel Palmer, superintendent
of Indian affairs, on the part of the United States, and the
following-named chiefs of the confederated bands of Indians
residing in the Willamette Valley, they being duly authorized
thereto by their respective bands, to-wit: Ki-a-kuts, Le Medecin,
and Yat-Skaw, or Dave, chiefs of the Tualatin band of Calapooias;
Shap-h, or William, Shel-ke-ah, or David, and Cha-ah, or Jesse,
chiefs of the Yam Hill band; Dabo, or Jim, Sco-la-quit, or
John, and Yah-kow or Kompetine, chiefs of the Cheluk-i-ma-uke
band; Ah-mo, or George, Himpher, or Hubbard, and Oh-no, or
Tim, chiefs of the Chep-en-a-pho or Marysville band; Ma-mah-mo,
or Charley Peter, Cha-che-clue, or Tom, and Quineflat, or
Ben, chiefs of the Chem-a-pho or Maddy band; Luck-a-ma-foo,
or Antoine, and Hoo-til, or Charley, chief of the Che-lam-e-la
or Long Tom band, all of the Calapooias; Qui-a-qua-ty, Yalkus,
and Kow-ka-ma, or Long Hair, chiefs of the Mo-lal-la band
of Mo-lal-las; Kiles, or Jim, and Kow-ah-tough, or John, chiefs
of the Calapooia band of Calapooias; Anta-quil-al-la, or John,
and Mequah, of the Winnefelly and Mohawk bands; Yack-a-tee,
or Sam, To-phor, or Jim Brown, and Hal-la-be, or Doctor, of
the Tekopa band; Pulk-tah, of the Chafan band of the Calapooia
tribe; Tum-walth and O-ban-a-hah, chiefs of the Wah-lal-la
band of Tum-waters; Watch-a-no, Te-ap-i-nick, and Wal-lah-pi-coto,
chiefs of the Clack-a-mas tribe; Lallak and Cuck-a-man-na,
or David, of the Clow-we-wal-la or Willamette Tum-water band;
Tow-ye-col-la, or Louis; Yelk-ma, or Jo, La-ham, or Tom, Joseph
Sanegertta, Pullican, Te-na, or Kiles, Pul-kup-li-ma, or John,
Sallaf, or Silas, Hoip-ke-nek, or Jack, Yepta, and Sat-invose
or James, chiefs and head-men o the Santiam bands of Calapooias.
Article 1.
The above-named confederated bands of Indians cede to the
United States all their right, title, and claim to all and
every part of the country included in the following boundaries,
to wit:
Commencing in the middle of the main channel of the Columbia
River, opposite the mouth of the first creek emptying into
said river from the south below Oak Point, thence south to
the first standard parallel north of the base-line in the
Government survey, thence west to the summit of the Coast
Range of mountains, thence southerly along the summit of said
range to the Calapooia Mountains, thence easterly along the
summit of said mountains to the summit of the Cascade Mountains,
thence along said summit northerly, to the middle of the Columbia
River, at the Cascade Falls, and thence down the middle of
said river to the place of beginning.
Provided, however, That said bands be permitted to remain
within the limits of the country ceded, and on such temporary
reserves as may be made for them by the superintendent of
Indian affairs, until a suitable district of country shall
be designated for their permanent home, and proper improvements
made thereon: And provided, That the United States make proper
provision for the security of their persons and property from
the hostile attacks of Indians of other tribes and bands.
At which time, or when thereafter directed by the superintendent
of Indian affairs, or agent, said confederated bands engage
peaceably, and without expense to the United States other
than that provided for in this treaty, to vacate the country
hereby ceded, and remove to the district which shall be designated
for their permanent occupancy.
Article 2.
In consideration of, and payment for the country herein described,
the United States agree to pay to the bands and tribes of
Indians claiming territory and residing in said country, the
several sums of money following, to wit:
Ten thousand dollars per annum for the first five years,
commencing on the first day of September, 1855.
Eight thousand dollars per annum for the term of five years
next succeeding the first five.
Six thousand five hundred dollars per annum for the term
of five years next succeeding the second five.
Five thousand five hundred dollars per annum for the term
of five years next succeeding the third five.
All of which several sums of money shall be expended for
the use and benefit of the confederated bands, under the direction
of the President of the United States, who may, from time
to time, at his discretion, determine what proportion thereof
shall be expended for such objects as in his judgment will
promote their well-being, and advance them in civilization,
for their moral improvement and education, for buildings,
opening and fencing farms, breaking land, providing stock,
agricultural implements, seeds, for clothing, provisions,
and tools; for medical purposes; providing mechanics and farmers,
and for arms and ammunition.
The United States agree to pay said Indians the additional
sum of fifty thousand dollars, a portion wherefore shall be
expended for such articles as the superintendent of Indian
affairs shall furnish the Indians, as soon as practicable
after the signing of this treaty; and in providing, after
the ratification thereof, and while the Indians shall reside
on the temporary reserves that may be assigned them, horses,
oxen, and other stock, wagons, agricultural implements, clothing,
and provisions, as the President may direct; and for erecting
on the tract that may be selected as their permanent homes,
mills, shops, school-houses, a hospital, and other necessary
buildings, and making improvements; for seeds, stock, and
farming operations thereon; for paying for the permanent improvements
of settlers, should any such be on said tract at the time
of its selection; to pay the expenses of the removal of the
Indians thereto, and in providing for their subsistence thereon
for the first year after their removal. Provided, however,
That if any band or bands of Indians, residing on or claiming
any portion or portions of the country described in article
first, shall not accede to the terms of this treaty, then
the bands becoming parties hereunto agree to receive such
part of the several annual and other payments herein named,
as a consideration for the entire country described as aforesaid,
as shall be in the proportion that their aggregate number
may bear to the whole number of Indians residing in and claiming
the entire country aforesaid, as consideration and payment
in full for the tracts in said country claimed by them. And,
provided, Any of the bands becoming parties to this treaty
establish a legitimate claim to any portion of the country
north of the Columbia River, that the amount to which they
may be entitled as a consideration for such country, in any
treaties hereafter entered into with the United States, shall
be added to the annuities herein provided for.
Article 3.
In addition to the considerations specified, the United States
agree to provide for the employment, for the term of five
years from and after the removal of said Indians to their
permanent reserve, of a physician, a school-teacher, a blacksmith,
and a superintendent of farming operations.
Article 4.
The President may, from time to time, at his discretion,
cause the whole, or such portion as he may think proper, of
the tract that may hereafter be set apart as the permanent
home of these Indians, to be surveyed into lots, and assign
them to such Indians of the confederated bands as may wish
to enjoy the privilege, and locate thereon permanently; to
a single person, over twenty-one years of age, twenty acres;
to a family of two persons, forty acres; to a family of three,
and not exceeding five persons, fifty acres; to a family of
six persons, and not exceeding ten, eighty acres; and to each
family over ten in number, twenty acres for each additional
three members. And the President may provide such rules and
regulations as will secure to the family, in case of the death
of the head thereof, the possession and enjoyment of such
permanent home, and the improvements thereon; and he may,
at any time, at his discretion, after such person or family
has made location on the land assigned as a permanent home,
issue a patent to such person or family, for such assigned
land, conditioned that the tract shall not be aliened or leased
for a longer time than two years, and shall be exempt from
levy, sale, or forfeiture; which conditions shall continue
in force until a State constitution, embracing such lands
within its boundaries, shall have been formed, and the legislature
of the State shall remove the restrictions: Provided, however,
That no state legislature shall remove the restrictions herein
provided for, without the consent of Congress. And if any
such family shall, at any time neglect or refuse to occupy
or till a portion of the land assigned, and on which they
have located, or shall rove from place to place, the President
may, if the patent shall have been issued, revoke the same;
or, if not issued, cancel the assignment; and may also withhold
from such person or family their proportion of the annuities
or other moneys due them, until they shall have returned the
such permanent home, and resume the pursuits of industry;
and in default of their return, the tract may be declared
abandoned, and thereafter assigned to some other person or
family of the Indians residing on the reserve.
Article 5.
The annuities of the Indians shall not be taken to pay the
debts of individuals.
Article 6.
The confederated bands acknowledge their dependence on the
government of the United States, and promise to be friendly
with all the citizens thereof, and pledge themselves to commit
no depredations on the property of such citizens. And should
any one or more of the Indians violate this pledge, and the
fact be satisfactorily proven before the agent, the property
taken shall be returned, or in default thereof, or if injured
or destroyed, compensation may be made by the Government out
of their annuities. Nor will they make war on any other band
or tribe of Indians, except in self-defence, but will submit
all matters of difference between them and other Indians to
the Government of the United States, or its agent, for decision,
and abide thereby. And if any of said Indians commit any depredations
on any other Indians, the same rule shall prevail as that
prescribed in this article in case of depredations against
citizens. Said Indians further engage to submit to and observe
all laws, rules, and regulations which may be prescribed by
the United States for the government of said Indians.
Article 7.
In order to prevent the evils of intemperance among said
Indians, it is hereby provided that any one of them who shall
drink liquor, or procure it for other Indians to drink, may
have his or her proportion of the annuities withheld from
him or her for such time as the President may determine.
Article 8.
The said confederated bands agree that when a permanent reserve
shall be assigned them, all roads, highways, and railroads,
demanded at any time by the public convenience, shall have
the right of way therein, a just compensation being made therefor.
Article 9.
This treaty shall be obligatory on the contracting parties
as soon as the same shall be ratified by the President and
Senate of the United States.
In testimony whereof the said Joel Palmer, on the part of
the United States as aforesaid, and the undersigned chiefs
of the said confederated bands, have hereunto set their hands
and seals this fourth day of January, eighteen hundred and
fifty-five, at Dayton, in Oregon Territory.
- Joel Palmer, superintendent of Indian Affairs. [L. S.]
- Ki-ac-kuts, first chief, his x mark. [L. S.]
- Le Medecin or Doctor, second chief, his x mark. [L. S.]
- Yats-kow, or Dave, third chief, his x mark. [L. S.]
- Shap-h, or William, first chief, his x mark. [L. S.]
- Shel-ke-ah, or David, second chief, his x mark. [L. S.]
- Che-ah, or Jesse, third chief, his x mark. [L. S.]
- Dabo, or Jim, first chief, his x mark. [L. S.]
- Sco-la-quit, or John, second chief, his x mark. [L. S.]
- Yah-kow, or Kompetine, third chief, his x mark. [L. S.]
- Ah-mo, or George, first chief, his x mark. [L. S.]
- Hinc-phor, or Hubbard, second chief, his x mark. [L. S.]
- Oh-no, or Tim, third chief, his x mark. [L. S.]
- Ma-mah-mo, or Charley Peter, first chief, his x mark. [L. S.]
- Cha-che-clue, or Tom, second chief, his x mark. [L. S.]
- Quineflat, or Ben, third chief, his x mark. [L. S.]
- Luck-a-moo-foo, or Antoine, first chief, his x mark. [L. S.]
- Hoo-til, or Charley, second chief, his x mark. [L. S.]
Executed in the presence of us -
- Edward R. Geary, secretary.
- John Flett, interpreter.
- George Dorsey.
- Phillip A. Decker.
- Lorenzo Palmer.
We, the chiefs of the Molalla band of Molallas, and of the
Calapooia band of Calapooias, give our assent unto and agree
to the provisions of the foregoing treaty.
In testimony whereof we have hereunto set our hands and seals,
at Dayton, this ninth day of January, eighteen hundred and
fifty-five.
- Quia-quaty, first chief, his x mark. [L. S.]
- Yalkus, second chief, his x mark. [L. S.]
- Kaw-ka-ma, or Long Hair, third chief, his x mark. [L. S.]
- Kiles, or Jim, first chief, his x mark. [L. S.]
- Kowah-tough, or John, second chief, his x mark. [L. S.]
Executed in the presence of us -
- Edward R. Geary, secretary.
- Cris. Taylor, assistant secretary.
- John Flett, interpreter.
- Phillip A. Decker.
- Lorenzo Palmer.
We, the chiefs and headmen of the Nin-ne-felly, Mohawk, Chapen,
and Te-co-pa bands of Calapooias, Wal-lal-lah band of Tum-waters,
and the Clockamus tribe of Indians, being duly authorized
by our respective bands, give our assent unto, and agree to
the provisions of the foregoing treaty.
In testimony whereof we have hereunto set our hands and seals,
at Dayton, Oregon Territory, this tenth day of January, eighteen
hundred and fifty-five.
- An-ta, first chief, his x mark. [L. S.]
- Quil-al-la, or John, second chief, his x mark. [L. S.]
- Me-quah, or Dick, his x mark. [L. S.]
- Yack-a-tee, or Sam, first chief, his x mark. [L. S.]
- To-phor, or Jim Brown, second chief, his x mark. [L. S.]
- Hal-la-le, or Doctor, his x mark. [L. S.]
- Pulk-tah, second chief, his x mark. [L. S.]
- Tum-walth, first chief, his x mark. [L. S.]
- O-ban-a-hah, second chief, his x mark. [L. S.]
- Watch-a-no, first chief, his x mark. [L. S.]
- Te-ap-i-nick, second chief, his x mark. [L. S.]
- Wal-lah-pi-cate, third chief, his x mark. [L. S.]
Executed in the presence of us -
- Cris. Taylor, assistant secretary.
- Andrew Smith.
- John Flett, interpreter.
We, the chiefs and headmen of the Clow-we-wal-la, or Willamette
Tum-water band of Indians, being assembled in council, give
our assent unto, and agree to the provisions of the foregoing
treaty.
In testimony whereof we have hereunto set our hands and seals,
at Linn city, Oregon Territory, this nineteenth day of January,
eighteen hundred and fifty-five.
- Lal-bick, or John, his x mark. [L. S.]
- Cuck-a-man-na, or David, his x mark. [L. S.]
Executed in the presence of us -
- Cris. Taylor, assistant secretary.
- John Flett, interpreter.
We, the chiefs and headmen of the Santam bands of Calapooia
Indians, being duly authorized by our respective bands, give
our assent unto, and agree to the provisions of the foregoing
treaty.
In testimony whereof we have hereunto set our hands and seals,
at Dayton, Oregon Territory, this twenty-second day of January,
eighteen hundred and fifty-five.
- Tow-ye-colla, or Louis, first chief, his x mark. [L. S.]
- La-ham, or Tom, third chief, his x mark. [L. S.]
- Senegertta, his x mark. [L. S.]
- Pul-i-can, his x mark. [L. S.]
- Te-na, or Kiles, his x mark. [L. S.]
- Pul-kup-ti-ma, or John, his x mark. [L. S.]
- Sal-laf, or Silas, his x mark. [L. S.]
- Hoip-ke-nek, or Jack, his x mark. [L. S.]
- Yep-tah, his x mark. [L. S.]
- Satinvose, or James, his x mark. [L. S.]
Executed in the presence of us -
- Edward R. Geary, secretary.
- Cris. Taylor.
- Andrew Smith.
- John Flett, interpreter.
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