Treaty with The Umpqua-Cow Creek Band
September 19, 1853
Stipulations of a treaty made and entered into on Cow Creek,
Umpqua Valley, in the Territory of Oregon, this 19th day of
September, A. D. 1853, by and between Joel Palmer, superintendent
of Indian Affairs, on the part of the United States, and Quin-ti-oo-san,
or Bighead, principal chief, and My-n-e-letta, or Jackson;
and Tom, son of Quin-ti-oo-san, subordinate chiefs, on the
part of the Cow Creek band of Umpqua tribe of Indians.
Article 1.
The Cow Creek band of Indians do hereby cede and relinquish,
for the consideration hereinafter specified, to the United
States, all their right, title, interest, and claim to all
the lands lying in that part of the Territory of Oregon bounded
by lines designated as follows, to wit:
Commencing on the north bank of the south fork of Umpqua
River, at the termination of the high-lands, dividing the
waters of Myrtle Creek from those of Day's Creek, thence
running easterly along the summit of said range to the headwaters
of Day's Creek, thence southerly, crossing the Umpqua
River to the headwaters of Cow Creek, thence to the dividing
ridge between Cow Creek and Grave Creek, thence southwesterly
along the said divide to its junction with the ridge dividing
the waters of Cow Creek from those of Rogue River, thence
westerly and northerly around on said ridge to its connection
with the spur terminating opposite the mouth of Myrtle Creek,
thence along said spur to a point on the same northwest of
the eastern line of Isaac Baily's land-claim, thence
southeast to Umpqua River, thence up said river to place of
beginning.
Article 2.
It is agreed on the part of the United States that the aforesaid
tribe shall be allowed to occupy temporarily that portion
of the above-described tract of territory bounded as follows,
to wit: Commencing on the south side of Cow Creek, at the
mouth of Council Creek, opposite Wm. H. Riddle's land-claim,
thence up said creek to the summit of Cañon Mountain,
thence westerly along said summit two miles, thence northerly
to Cow Creek, at a point on the same one mile above the falls;
thence down said creek to place of beginning. It being understood
that this last-described tract of land shall be deemed and
considered an Indian reserve until a suitable selection shall
be made by the direction of the President of the United States
for their permanent residence, and buildings erected thereon
and other improvements made of equal value of those upon the
above reserve at the time of removal.
Article 3.
For and in consideration of the cession and relinquishment
contained in article first, the United States agree to pay
to the aforesaid band of Indians, the sum of twelve thousand
dollars, in manner to wit: one thousand dollars to be expended
in the purchase of twenty blankets, eighteen pairs pants,
eighteen pairs shoes, eighteen hickory shirts, eighteen hats
or caps, three coats, three vests, three pairs socks, three
neckhandkerchiefs, forty cotton flags, one hundred and twenty
yards prints, one hundred yards domestic, one gross buttons,
two lbs, thread, ten papers needles, and such other goods
and provisions as may be deemed by the superintendent or agent
most conducive to the comfort and necessities of said Indians,
on or before the first day of October, A. D. 1854. The remaining
eleven thousand dollars to be paid in twenty equal annual
instalments of five hundred and fifty dollars each, commencing
on or about the first day of October, 1854, in blankets, clothing,
provisions, stock, farming-implements, or such other articles,
and in such manner as the President of the United States may
deem best for the interests of said tribe.
Article 4.
In addition to the aforesaid twelve thousand dollars there
shall be erected for the use of said tribe, at the expense
of the United States, two dwelling-houses, the cost of which
shall not exceed two hundred dollars each, and a field of
five acres fenced and ploughed, and suitable seed furnished
for planting the same.
Article 5.
The said band of Indians agree to give safe conduct to all
persons passing through their reserve, and to protect in their
person and property all agents or other persons sent by authority
of the United States to reside among them.
Article 6.
That the friendship which is now established between the
United States and the Cow Creek band of Indians, shall not
be interrupted by the misconduct of individuals, it is hereby
agreed that for injuries done, no private revenge or retaliation
shall take place; but instead thereof complaint shall be made
by the party injured to the Indian agent; and it shall be
the duty of the chiefs of said band of Indians, upon complaint
being made as aforesaid, to deliver up the person against
whom the complaint is made, to the end that he may be punished,
agreeably to the laws of the United States; and in like manner
if any violation, robbery, or murder shall be committed on
any Indian belonging to said band, the person so offending
shall be tried, and if found guilty, shall be punished according
to the laws of the United States. And it is further agreed
that the chiefs shall, to the utmost of their ability, exert
themselves to recover horses or other property which has or
may hereafter be stolen from any citizen of the United States,
by any individual of said tribe, and deliver the same to the
agent or other person authorized to receive it; and the United
States hereby guarantee to any Indian or Indians of said band,
a full indemnification for any horses or other property which
may be stolen or taken from them by any citizen of the United
States, provided, the property stolen cannot be recovered,
and that sufficient proof is produced that it was actually
stolen or taken by a citizen of the U. S. And the chiefs further
agree, that upon the requisition of the President of the U.
S., superintendent of Indian affairs, or Indian agent, to
deliver up any person resident among them.
Article 7.
It is agreed between the United States and the Cow Creek
band of the Umpqua tribe of Indians, that, should it at any
time hereafter be considered by the United States as a proper
policy to establish farms among and for the benefit of said
Indians, it shall be discretionary with the President, by
and with the advice and consent of the Senate, to change the
annuities herein provided for, or any part thereof, into a
fund for that purpose.
Article 8.
This treaty shall take effect and be obligatory on the contracting
parties as soon as the same shall be ratified by the President
of the United States, by and with the advice and consent of
the Senate.
In testimony whereof the said Joel Palmer, Superintendent
of Indian Affairs, on the part of the United States, and chiefs
of the Cow Creek band of Umpqua Indians, before named, have
hereunto set their hands and seals, the day and year aforesaid.
- Joel Palmer, [L. S.]
- Superintendent Indian Affairs, O. T.
- Bighead, Quin-ti-oo-san, his x mark, [L. S.]
- Jackson, My-n-e-letta, his x mark, [L. S.]
- Tom, son of Quin-ti-oo-san, his x mark, [L. S.]
- Tom, Tal-sa-pe-er, his x mark, [L. S.]
Signed in presence of -
- J. B. Nichols,
- E. Catching,
- Interpreters.
- Theodore Tierney, Secretary.
- John D. Bown,
- W. Starr, Witnesses.
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