Treaty with The Umpqua and Kalapuya
November 29, 1854
Articles of agreement and convention made and concluded
at Calapooia Creek, Douglas County, Oregon Territory, this
twenty-ninth day of November, one thousand eight hundred and
fifty-four, by Joel Palmer, superintendent of Indian affairs,
on the part of the United States, and the following-named
chiefs and heads of the confederated bands of the Umpqua tribe
of Indians, and of the Calapooias residing in Umpqua Valley,
to wit: Napesa, or Louis, head chief; Peter, or Injice; Tas-yah,
or General Jackson; Bogus; Nessick; Et-na-ma or William, Cheen-len-ten
or George, Nas-yah or John, Absaquil or Chenook, Jo, and Tom,
they being assembled in council with their respective bands.
Article 1.
The confederated bands of Umpqua and Calapooia Indians cede
to the United States all their country included within the
following limits, to wit: Commencing at the northwest corner
of the country purchased of the Galeese Creek and Illinois
River Indians on the 18th day of November, 1854, and running
thence east to the boundary of the Cow Creek purchase, thence
northerly along said boundary to its northeastern extremity;
thence east to the main ridge of the Cascade Mountains; thence
northerly to the main falls of the North Umpqua River; thence
to Scott's Peak, bearing easterly from the head-waters
of Calapooia Creek; thence northerly to the connection of
the Calapooia Mountains with the Cascade range; thence westerly
along the summit of the Calapooia Mountains to a point whence
a due south line would cross Umpqua River at the head of tide-water;
thence on that line to the dividing ridge between the waters
of Umpqua and Coose Rivers; thence along that ridge, and the
divide between Coquille and Umpqua Rivers, to the western
boundary of the country purchased of the Galeese Creek Indians,
or of the Cow Creek Indians, as the case may be, and thence
to the place of beginning.
Provided, however, That so much of the lands as are embraced
within the following limits, shall be held by said confederated
bands, and such other bands as may be designated to reside
thereupon, as an Indian reservation.
To wit: Commencing at a point three miles due south of the
mouth of a small creek emptying into the Umpqua River, near
the western boundary of John Churchell's land-claim,
at the lower end of Cole's Valley; thence north to the
middle of the channel of Umpqua River; thence up said river
to a point due south of the highest peak of the ridge, immediately
west of Allan Hubbard's land-claim; thence to said peak,
thence along the summit of the ridge dividing the waters,
to its termination at or near the mouth of Little Canyon Creek;
thence, crossing the Umpqua River in a westerly direction
to the high-lands opposite the mouth of said creek; thence
following the divide until it reaches a point whence a line
drawn to the place of beginning will run three miles south
of the extreme southern bend in the Umpqua River between these
two points: and thence to the place of beginning.
And should the President at any time believe it demanded
by the public good and promotive of the best interests of
said Indians to be located elsewhere, the said Indians agree
peaceably, and without additional expense to the Government
of the United States, to remove to such reserve as may be
selected; provided that a delegation of three or more of the
principal men of said bands selected by them, shall concur
with the authorized agent or agents of the United States in
the selection of said new reserve. And when said removal shall
take place, the particular tracts then actually occupied by
said Indians. on the reserve herein described, according to
the provisions of this treaty, and those occupied by Indians
of other bands that may be located thereon, shall be sold
by order of the President of the United States, and the proceeds
of such sales expended in permanent improvements on the new
reserve, for the use and benefit of the holders of said tracts
respectively.
Article 2.
The confederated bands agree that as soon after the United
States shall make the necessary provision for fulfilling the
stipulations of this treaty as they conveniently can, and
not to exceed one year after such provision is made, they
will vacate the ceded territory and remove to the lands herein
reserved for them.
Article 3.
In consideration of and payment for the country herein ceded,
the United States agree to pay the said confederated bands
the several sums of money following, to wit:
First, three thousand dollars per annum for the term of
five years, commencing on the first day of September, 1855.
Second, two thousand three hundred dollars per annum for
the term of five years next succeeding the first five.
Third, one thousand seven hundred dollars per annum for the
term of five years next succeeding the second five years.
Fourth, one thousand dollars per annum for the term of five
years next succeeding the third five years.
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 shall be
expended for such beneficial objects as in his judgment will
be calculated to advance them in civilization; for their moral
improvement and education; for buildings, opening farms, fencing,
breaking land, providing stock, agricultural implements, seeds,
for clothing, provisions, and merchandise; for iron, steel,
and ammunition; for mechanics and tools, and for medical purposes.
Article 4.
In order to enable the said Indians to remove to their new
home, and subsist themselves for one year thereafter, (and
which they agree to do without further expense to the United
States,) and to provide for the breaking up and fencing of
fifty acres of land, and the erection of buildings on the
reserve, the purchase of teams, farming utensils, tools, &c.,
and for other purposes necessary to their comfort and subsistence,
they shall receive from the United States the further sum
of ten thousand dollars, to be paid out and expended under
the direction of the President, and in such manner as he shall
approve.
Article 5.
The President may from time to time, at his discretion, cause
the whole or such portion of the land hereby reserved as he
may think proper, or of such other land as may be selected
in lieu thereof, as provided for in the first article, to
be surveyed into lots, and assigned to such Indian or Indians
of said confederated bands as are willing to avail themselves
of the privilege, and who will locate thereon as a permanent
home, if a single person over twenty-one years of age, twenty
acres; to each family of two persons, forty acres; to each
family of three and not exceeding five persons, sixty acres;
to each family of six and not exceeding ten persons, eighty
acres; and to each family over ten in number, forty acres
for each additional five 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 for 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 term 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. 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 to 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.
No State legislature shall remove the restrictions herein
provided for, without the consent of Congress.
ARTILCE 6.
The United States agree to erect for said Indians a good
blacksmith-shop, furnish it with tools, and keep it in repair
for ten years, and provide a competent blacksmith for the
same period; to erect suitable buildings for a hospital, supply
medicines, and provide an experienced physician for fifteen
years; to provide a competent farmer to instruct the Indians
in agriculture for ten years; and to erect a school-house,
and provide books, stationery, and a properly qualified teacher
for twenty years.
Article 7.
The annuities of the Indians shall not be taken to pay the
debts of individuals.
Article 8.
The said 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 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 tribe
except in self-defense, 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 the said Indians commit any depredations on any
other Indians, the same rule shall prevail as that prescribed
in this article in case of any 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 9.
It is hereby provided, in order to prevent the evils of intemperance
among said Indians, that any one of them who shall be guilty
of bringing liquor into their reserve, or shall drink liquor,
may have his or her proportion of the annuities withheld from
him or her for such time as the President may determine.
Article 10.
The said confederate bands agree, that all the necessary
roads, highways, and railroads which may be constructed as
the country improves, the lines of which may run through the
reservation of said Indians, shall have the right of way therein,
a just compensation being made therefor.
Article 11.
The merchandise distributed to the members of the said confederate
bands at the nogotiation of this treaty shall be considered
as in part payment of the annuities herein provided.
Article 12.
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
and heads of the said confederated bands of Umpquas and Calapooias,
have hereunto set their hands and seals, at the place and
on the day and year heretofore written.
- Joel Palmer, superintendent. [L. S.]
- Na-pe-sa, or Louis, his x mark. [L. S.]
- Injice, or Peter, his x mark. [L. S.]
- Tas-yah, or General Jackson, his x mark. [L. S.]
- Bogus, his x mark. [L. S.]
- Nessick, his x mark. [L. S.]
- Et-na-ma, or William, his x mark. [L. S.]
- Cheen-len-ten, or George, his x mark. [L. S.]
- Nas-yah, or John, his x mark. [L. S.]
- Absaquil, or Chenook, his x mark. [L. S.]
- Jo, his x mark. [L. S.]
- Tom, his x mark. [L. S.]
Executed in the presence of us -
- Edward R. Geary, secretary.
- Cris. Taylor.
- John Flett, interpreter.
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