Treaty with The Rogue River
September 10, 1853
Whereas a treaty was made and entered into at Table Rock,
near Rogue River, in the Territory of Oregon, this 10th day
of September, A. D. 1853, by and between Joel Palmer, superintendent
of Indian affairs, and Samuel H. Culver, Indian agent, on
the part of the United States; and Jo-aps-er-ka-har, principal
chief, Sam To-qua-he-ar, and Jim Ana-cha-a-rah, subordinate
chiefs, and others, head-men of the bands of the Rogue River
tribe of Indians, on the part of said tribe.
The Rogue River tribe of Indians do hereby cede and relinquish,
for the considerations 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, and
bounded by lines designated as follows, to wit:
Commencing at a point one mile below the mouth of Applegate
Creek, on the south side of Rogue River, running thence southerly
to the highlands dividing the waters of Applegate Creek from
those of Althouse Creek, thence along said highlands to the
summit of the Siskiyon range of mountains, thence easterly
to Pilot Rock, thence northeasterly to the summit of the Cascade
range, thence northerly along the said Cascade range to Pitt's
Peak, continuing northerly to Rogue River, thence westerly
to the head-waters of Jump-off-jo Creek, thence down said
creek to the intersection of the same with a line due north
from the place of beginning, thence to the place of beginning.
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 north side of Rogue River, at the
mouth of Evan's Creek; thence up said creek to the upper
end of a small prairie bearing in a northwesterly direction
from Table Mountain, or Upper Table Rock, thence through the
gap to the south side of the cliff of the said mountain, thence
in a line to Rogue River, striking the southern base of Lower
Table Rock, thence down said river to the place of beginning.
It being understood that this 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 provision made for their removal.
For and in consideration of the cession and relinquishment
contained in article 1st, the United States agree to pay to
the aforesaid tribe the sum of sixty thousand dollars, fifteen
thousand of which sum to be retained, (according to the stipulations
of article 4th of a "treaty of peace made and entered
into on the 8th day of September, 1853,a between Gen'l
Jo. Lane, commanding forces of Oregon Territory, and Jo.,
principal chief, Sam and Jim, subordinate chiefs, on the part
of the Rogue River tribe of Indians,") by the superintendent
of Indian affairs, to pay for the property of the whites destroyed
by them during the late war, the amount of property so destroyed
to be estimated by three disinterested commissioners, to be
appointed by the superintendent of Indian affairs, or otherwise,
as the President may direct. Five thousand dollars to be expended
in the purchase of agricultural implements, blankets, clothing,
and such other goods as may be deemed by the superintendent,
or agent most conducive to the comfort and necessities of
said tribe, on or before the 1st day of September, 1854; and
for the payment of such permanent improvements as may have
been made by land claimants on the aforesaid reserve, the
value of which to be ascertained by three persons appointed
by the said superintendent.
The remaining forty thousand dollars to be paid in sixteen
equal annual instalments, of two thousand five hundred dollars
each, (commencing on or about the 1st day of September, 1854,)
in blankets, clothing, farming-utensils, stock, and such other
articles as may be deemed most conducive to the interests
of said tribe.
It is further agreed that there shall be erected, at the
expense of the United States, one dwelling-house for each
of the three principal chiefs of the aforesaid tribe, the
cost of which shall not exceed five hundred dollars each,
the aforesaid buildings to be erected as soon after the ratification
of this treaty as possible. And when the tribe may be removed
to another reserve, buildings and other improvements shall
be made on such reserve of equal value to those which may
be relinquished; and upon such removal, in addition to the
before-mentioned sixty thousand dollars, the United States
agree to pay the further sum of fifteen thousand dollars,
in five equal annual instalments, commencing at the expiration
of the before-named instalments.
The said tribe of Indians further agree to give safe-conduct
to all persons who may be authorized to pass through their
reserve, and to protect, in their person and property, all
agents or other persons sent by the United States to reside
among them; they further agree not to molest or interrupt
any white person passing through their reserve.
That the friendship which is now established between the
United States and the Rogue River tribe of Indians shall not
be interrupted by the misconduct of individuals, it is hereby
agreed that for injuries done by individuals 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 the said tribe, that
upon complaint being made as aforesaid, to deliver up the
person or persons against whom the complaint is made, to the
end that he or they 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 or Indians
belonging to said tribe, the person or persons so offending
shall be tried, and if found guilty, shall be punished according
to the laws of the United States. And it is agreed that the
chiefs of the said tribe shall, to the utmost of their power,
exert themselves to recover horses or other property, which
has or may be stolen or taken from any citizen or citizens
of the United States, by any individual of said tribe; and
the property so recovered shall be forthwith delivered to
the Indian agent or other person authorized to receive the
same, that it may be restored to the proper owner.
And the United States hereby guarantee to any Indian or Indians
of the said tribe a full indemnification for any horses or
other property which may be stolen from them by any citizens
of the United States: Provided, That the property stolen or
taken cannot be recovered, and that sufficient proof is produced
that it was actually stolen or taken by a citizen of the United
States. And the chiefs and head-men of the said tribe engage,
on the requisition or demand of the President of the United
States, superintendent of Indian affairs, or Indian agent,
to deliver up any white person or persons resident among them.
It is agreed between the United States and the Rogue River
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.
This treaty shall take effect and be obligatory on the contracting
parties as soon as the same shall have been 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 and Samuel H. Culver,
on the part of the United States, and the chiefs and headmen
of the Rogue River Indians aforesaid, have hereunto set their
hands and seals, the day and year aforesaid.
- Joel Palmer,[L. S.] Superintendent Indian Affairs.
- Samuel H. Culver, [L. S.] Indian Agent.
- Jo, his x mark, [L. S.]
- Sam, his x mark,[L. S.]
- To-qua-he-ar, [L. S.]
- Jim, his x mark, [L. S.]
- Ana-chah-a-rah, John, his x mark, [L. S.]
- Lympe, his x mark, [L. S.]
Signed in presence of -
- J. W. Nesmith, Interpreter,
- R. B. Metcalf,
- John, his x mark,
- J. D. Mason, Secretary,
- T. T. Tierney.
- Joseph Lane,
- August V. Kautz.
We the undersigned principal chief, subordinate chiefs and
headmen of the bands of the Rogue River tribe of Indians,
parties to the treaty concluded at Table Rock, near Rogue
River, in the Territory of Oregon, on the 10th day of September,
A. D. 1853, having had fully explained to us the amendment
made to the same by the Senate of the United States, on the
12th day of April, 1854, do hereby accept and consent to the
said amendment to the treaty aforesaid, and agree that the
same shall be considered as a part thereof.
In testimony whereof we have hereunto set our hands and affixed
our seals, this 11th day of November, A. D. 1854.
- Aps-so-ka-hah, Horse-rider, or Jo, his x mark. [L. S.]
- Ko-ko-ha-wah, Wealthy, or Sam, his x mark. [L. S.]
- Te-cum-tom, Elk Killer, or John, his x mark. [L. S.]
- Chol-cul-tah, Joquah Trader, or George, his x mark. [L. S.]
Executed in presence of -
- Edward H. Geary, Secretary
- John Flett,
- R. B. Metcalf, Interpreter,
- Joel Palmer, Superintendent.
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