Treaty with The Klamath, etc
October 14, 1864
Articles of agreement and convention made and concluded
at Klamath Lake, Oregon, on the fourteenth day of October,
A. D. one thousand eight hundred and sixty-four, by J. W.
Perit Huntington, superintendent of Indian affairs in Oregon,
and William Logan, United States Indian agent for Oregon,
on the part of the United States, and the chiefs and head-men
of the Klamath and Moadoc tribes, and Yahooskin band of Snake
Indians, hereinafter named, to wit, La-Lake, Chil-o-que-nas,
Kellogue, Mo-ghen-kas-kit, Blow, Le-lu, Palmer, Jack, Que-as,
Poo-sak-sult, Che-mult, No-ak-sum, Mooch-kat-allick, Toon-tuck-tee,
Boos-ki-you, Ski-a-tic, Shol-las-loos, Ta-tet-pas, Muk-has,
Herman-koos-mam, chiefs and head-men of the Klamaths; Schon-chin,
Stat-it-ut, Keint-poos, Chuck-e-i-ox, chiefs and head-men
of the Moadocs, and Kile-to-ak and Sky-te-ock-et, chiefs of
the Yahooskin band of Snakes.
Article 1.
The tribes of Indians aforesaid cede to the United States
all their right, title, and claim to all the country claimed
by them, the same being determined by the following boundaries,
to wit: Beginning at the point where the forty fourth parallel
of north latitude crosses the summit of the Cascade Mountains;
thence following the main dividing-ridge of said mountains
in a southerly direction to the ridge which separates the
waters of Pitt and McCloud Rivers from the waters on the north;
thence along said dividing-ridge in an easterly direction
to the southern end of Goose Lake; thence northeasterly to
the northern end of Harney Lake; thence due north to the forty-fourth
parallel of north latitude; thence west to the place of beginning:
Provided, That the following-described tract, within the country
ceded by this treaty, shall, until otherwise directed by the
President of the United States, be set apart as a residence
for said Indians, [and] held and regarded as an Indian reservation,
to wit: Beginning upon the eastern shore of the middle Klamath
Lake, at the Point of Rocks, about twelve miles below the
mouth of Williamson's River; thence following up said
eastern shore to the mouth of Wood River; thence up Wood River
to a point one mile north of the bridge at Fort Klamath; thence
due east to the summit of the ridge which divides the upper
and middle Klamath Lakes; thence along said ridge to a point
due east of the north end of the upper lake; thence due east,
passing the said north end of the upper lake, to the summit
of the mountains on the east side of the lake; thence along
said mountain to the point where Sprague's River is intersected
by the Ish-tish-ea-wax Creek; thence in a southerly direction
to the summit of the mountain, the extremity of which forms
the Point of Rocks; thence along said mountain to the place
of beginning. And the tribes aforesaid agree and bind themselves
that, immediately after the ratification of this treaty, they
will remove to said reservation and remain thereon, unless
temporary leave of absence be granted to them by the superintendent
or agent having charge of the tribes.
It is further stipulated and agreed that no white person
shall be permitted to locate or remain upon the reservation,
except the Indian superintendent and agent, employés
of the Indian department, and officers of the Army of the
United States, and that in case persons other than those specified
are found upon the reservation, they shall be immediately
expelled therefrom; and the exclusive right of taking fish
in the streams and lakes, included in said reservation, and
of gathering edible roots, seeds, and berries within its limits,
is hereby secured to the Indians aforesaid: Provided, also,
That the right of way for public roads and railroads across
said reservation is reserved to citizens of the United States.
Article 2.
In consideration of, and in payment for the country ceded
by this treaty, the United States agree to pay to the tribes
conveying the same the several sums of money hereinafter enumerated,
to wit: Eight thousand dollars per annum for a period of five
years, commencing on the first day of October, eighteen hundred
and sixty-five, or as soon thereafter as this treaty may be
ratified; five thousand dollars per annum for the term of
five years next succeeding the first period of five years;
and three thousand dollars per annum for the term of five
years next succeeding the second period; all of which several
sums shall be applied to the use and benefit of said Indians
by the superintendent or agent having charge of the tribes,
under the direction of the President of the United States,
who shall, from time to time, in his discretion, determine
for what objects the same shall be expended, so as to carry
out the design of the expenditure, [it] being to promote the
well-being of the Indians, advance them in civilization, and
especially agriculture, and to secure their moral improvement
and education.
Article 3.
The United States agree to pay said Indians the additional
sum of thirty-five thousand dollars, a portion whereof shall
be used to pay for such articles as may be advanced to them
at the time of signing this treaty, and the remainder shall
be applied to subsisting the Indians during the first year
after their removal to the reservation, the purchase of teams,
farming implements, tools, seeds, clothing, and provisions,
and for the payment of the necessary employés.
Article 4.
The United States further agree that there shall be erected
at suitable points on the reservation, as soon as practicable
after the ratification of this treaty, one saw-mill, one flouring-mill,
suitable buildings for the use of the blacksmith, carpenter,
and wagon and plough maker, the necessary buildings for one
manual-labor school, and such hospital buildings as may be
necessary, which buildings shall be kept in repair at the
expense of the United States for the term of twenty years;
and it is further stipulated that the necessary tools and
material for the saw-mill, flour-mill, carpenter, blacksmith,
and wagon and plough maker's shops, and books and stationery
for the manual-labor school, shall be furnished by the United
States for the period of twenty years.
Article 5.
The United States further engage to furnish and pay for the
services and subsistence, for the term of fifteen years, of
one superintendent of farming operations, one farmer, one
blacksmith, one sawyer, one carpenter, and one wagon and plough
maker, and for the term of twenty years of one physician,
one miller, and two school-teachers.
Article 6.
The United States may, in their discretion, cause a part
or the whole of the reservation provided for in Article 1
to be surveyed into tracts and assigned to members of the
tribes of Indians, parties to this treaty, or such of them
as may appear likely to be benefited by the same, under the
following restrictions and limitations, to wit: To each head
of a family shall be assigned and granted a tract of not less
than forty nor more than one hundred and twenty acres, according
to the number of persons in such family; and to each single
man above the age of twenty-one years a tract not exceeding
forty acres. The Indians to whom these tracts are granted
are guaranteed the perpetual possession and use of the tracts
thus granted and of the improvements which may be placed thereon;
but no Indian shall have the right to alienate or convey any
such tract to any person whatsoever, and the same shall be
forever exempt from levy, sale, or forfeiture: Provided, That
the Congress of the United States may hereafter abolish these
restrictions and permit the sale of the lands so assigned,
if the prosperity of the Indians will be advanced thereby:
And provided further, If any Indian, to whom an assignment
of land has been made, shall refuse to reside upon the tract
so assigned for a period of two years, his right to the same
shall be deemed forfeited.
Article 7.
The President of the United States is empowered to declare
such rules and regulations as will secure to the family, in
case of the death of the head thereof, the use and possession
of the tract assigned to him, with the improvements thereon.
Article 8.
The annuities of the tribes mentioned in this treaty shall
not be held liable or taken to pay the debts of individuals.
Article 9.
The several tribes of Indians, parties to this treaty, acknowledge
their dependence upon the Government of the United States,
and agree to be friendly with all citizens thereof, and to
commit no depredations upon the person or property of said
citizens, and to refrain from carrying on any war upon other
Indian tribes; and they further agree that they will not communicate
with or assist any persons or nation hostile to the United
States, and, further, that they will submit to and obey all
laws and regulations which the United States may prescribe
for their government and conduct.
Article 10.
It is hereby provided that if any member of these tribes
shall drink any spirituous liquor, or bring any such liquor
upon the reservation, his or her proportion of the benefits
of this treaty may be withheld for such time as the President
of the United States may direct.
Article 11.
It is agreed between the contracting parties that if the
United States, at any future time, may desire to locate other
tribes upon the reservation provided for in this treaty, no
objection shall be made thereto; but the tribes, parties to
this treaty, shall not, by such location of other tribes,
forfeit any of their rights or privileges guaranteed to them
by this treaty.
Article 12.
This treaty shall bind the contracting parties whenever the
same is ratified by the Senate and President of the United
States.
In witness of which, the several parties named in the foregoing
treaty have hereunto set their hands and seals at the place
and date above written.
- J. W. Perit Huntington, [SEAL.] Superintendent Indian Affairs.
- William Logan, [SEAL.] United States Indian Agent.
- La-lake, his x mark. [SEAL.]
-
- Chil-o-que-nas, his x mark. [SEAL.]
- Kellogue, his x mark. [SEAL.]
- Mo-ghen-kas-kit, his x mark. [SEAL.]
- Blow, his x mark. [SEAL.]
- Le-lu, his x mark. [SEAL.]
- Palmer, his x mark. [SEAL.]
- Jack, his x mark. [SEAL.]
- Que-ass, his x mark. [SEAL.]
- Poo-sak-sult, his x mark. [SEAL.]
- Che-mult, his x mark. [SEAL.]
- No-ak-sum, his x mark. [SEAL.]
- Mooch-kat-allick, his x mark. [SEAL.]
- Toon-tuc-tee, his x mark. [SEAL.]
- Boss-ki-you, his x mark. [SEAL.]
- Ski-at-tic, his x mark. [SEAL.]
- Shol-lal-loos, his x mark. [SEAL.]
- Tat-tet-pas, his x mark. [SEAL.]
- Muk-has, his x mark. [SEAL.]
- Herman-kus-mam, his x mark. [SEAL.]
- Jackson, his x mark. [SEAL.]
- Schon-chin, his x mark. [SEAL.]
- Stak-it-ut, his x mark. [SEAL.]
- Keint-poos, his x mark. [SEAL.]
- Chuck-e-i-ox, his x mark. [SEAL.]
- Kile-to-ak, his x mark. [SEAL.]
- Sky-te-ock-et, his x mark. [SEAL.]
Signed in the presence of-
- R. P. Earhart, secretary.
- Wm. Kelly, captain First Cavalry, Oregon Volunteers.
- James Halloran, second lieutenant First Infantry, W. T. Volunteers.
- William C. McKay, M. D.
- Robert (his x mark) Biddle.
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