INDIAN AFFAIRS: LAWS AND TREATIES. Vol. IV, Laws

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

PART IV.—TREATIES.

TREATY WITH THE SI-YAN-TE, ETC., 1851.
March 19, 1851. | Unratified.

TREATY MADE AND CONCLUDED AT CAMP FREMONT, STATE OF CALIFORNIA, MARCH 19, 1851, BETWEEN REDICK MCKEE AND OTHERS, COMMISSIONERS ON THE PART OF THE UNITED STATES, AND THE CHIEFS, CAPTAINS, AND HEAD MEN OF THE SI-YAN-TE, ETC., TRIBES OF INDIANS.¹

A treaty made and concluded on the nineteenth day of March, in the year eighteen hundred and fifty-one, at Camp Fremont, near the little Mariposa river, in the State of California, between Redick McKee, George W. Barbour, and Oliver M. Wozencraft, commissioners appointed by the President of the United States to treat with the various tribes of Indians in the

State of California, of the one part, and the chiefs, captains, and head men of the Si-yan-te, Po-to-yun-te, Co-co-noon, Apang-as-se, Aplache, and A-wal-a-che tribes of Indians, of the other part.

ARTICLE 1.

The said tribes of Indians severally acknowledge themselves to be under the jurisdiction, control and authority of the government of the United States, and as such, that they severally agree and pledge themselves to refrain in future from the commission of any act of hostility or aggression towards the government of the United States, or any of the citizens thereof, and to live on terms of peace and friendship, not only with the citizens of the United States, but with all Indian tribes.

ART. 2.

The said tribes hereby severally relinquish, and forever quit claim to the government of the United States all the right, title, claim, or interest, of whatsoever character, that they, or either of them may have had, or now hold, in an to any lands in the limits of the State of California, or the United States.

ART. 3.

It is agreed between the contracting parties, that the district of land lying between the Mercede and Touolumne rivers, to wit: commencing at a point on the Mercede river, opposite the mouth of a small stream emptying into said river, on the south side of said river, about one mile above what was formerly known as Ford's ferry, now known as Stone and Company's ferry; running thence a direct line to the Tuolumne river, striking or intersecting said river at the mouth of a gulch emptying into said river at a bend about two miles above Spark's old ferry, being at or near the foot of the first fall or rapids of said river, above said Spark's ferry; thence down the middle of said stream to a point one-half of one mile above Harr's ferry; thence a straight line across, so as to intersect the Mercede river at a point about one-quarter of one mile above the present residence of Dr. Lewis, on said stream; thence up the middle of said Mercede river to place of beginning; the said district, supposed to contain about four full townships of land, is hereby and shall be forever set apart and held for the occupancy of said tribes of Indians; and it is further stipulated, that said tribes shall have free access to all the country between the Mercede and Tuolumne rivers, extending above said described district to the Sierra Nevada mountains, for the purpose of hunting and collecting fruits, nuts, &c.; but in no event shall they remove their women and children from the lands hereby set apart for their occupancy. The government of the United States reserving the right to establish a military post, and to erect the necessary buildings for an agent or other officers, within the limits of said land.

ART. 4.

In further consideration of the aforesaid premises, and for the purpose of aiding in the subsistence of said tribes of Indians during the years eighteen hundred and fifty-one and two, it is agreed by the party of the first part to supply said tribes jointly with one hundred head of good beef steers, and one hundred sacks or barrels of flour, each year.

ART. 5.

It is further agreed, that as soon after the ratification of this treaty by the President and Senate of the United States as may be practicable and convenient, the said tribes shall be furnished jointly and free of charge by the government of

the United States, the following articles of property, to be divided among said Indian tribes, according to their respective numbers, to wit: ten brood mares and one jack or stallion, twenty-five cows and one bull, five large and five small ploughs, ten sets of gear or harness complete, one hundred axes, one hundred hatchets, one hundred hoes, ten mattocks or picks, all necessary seeds for sowing and planting for one year, eight hundred pounds of iron, two hundred pounds of steel, two hundred pairs of two and a half point blankets, two flannel shirts and two pairs of coarse pants for each man and boy, one linsey gown for each woman and girl, two thousand yards of brown sheeting, two thousand yards of calico, twenty-five dollars worth of thread, needles, buttons, scissors, &c.

ART. 6.

The United States agree further to furnish a man skilled in the art of farming, to live among and instruct said tribes, and such others as may be placed under his supervision, in the business of farming, one blacksmith, one man skilled in working in wood, (wagon maker or rough carpenter,) one superintender,and such assistant school teachers as may be necessary, all to live among and work for, and teach said tribes and such other tribes as they may be required to work for and teach; said farmer, blacksmith, worker in wood and teachers to be supplied to said tribes as aforesaid, for the period of five years, and as long thereafter as the President of the United States shall deem advisable; a school-house and other necessary buildings for the accommodation of the persons named in this article to be erected at the cost of the government of the United States.

ART. 7.

It is further agreed between the parties, that for any violence done by individuals to the person or property of any citizen of the United States, by an Indian or Indians, of either of said tribes, or if done by a citizen or citizens of the United States, to the person or property of any of said tribes, or any of the members thereof no personal retaliation shall be attempted, but the party aggrieved shall apply to the civil authorities of the country for a proper redress of their aggrievances: each party pledging themselves to bring, if possible, all guilty offenders to justice, by delivering them up to the officers of the law when in their power.

ART. 8.

These articles of agreement to be binding on the contracting parties when ratified and confirmed by the President and Senate of the United States of America.

In testimony whereof, the said parties have hereunto signed their names and affixed their seals upon the day and date above written.

TRAI-PAX-E, chief, his x mark. [SEAL.]
HABITO, his x mark. [SEAL.]
CO-TOS, his x mark. [SEAL.]

E-LI-UM, his x mark: [SEAL.]
AN-GOT, his x mark. [SEAL.]
HO-MO-LUCK, his x mark. [SEAL.]
PE-TE-LA, his x mark. [SEAL.]
MA-LA-TLA, his x mark. [SEAL.]
A-WAS-SA, his x mark. [SEAL.]

BAU-TIS-TA, chief, his x mark. [SEAL.]
IA-WALK-NO, his x mark. [SEAL.]
LE-KEN-A, his x mark. [SEAL.]
US-SA, his x mark. [SEAL.]
FELIZ, his x mark. [SEAL.]
MAN-TU-PA, his x mark. [SEAL.]
WA-LIL, his x mark. [SEAL.]
HE-WO-WEE, his x mark. [SEAL.]
CHUCUS, his x mark. [SEAL.]

MEN-O-LO, chief, his x mark. [SEAL.]
MAN-LIN-O, his x mark. [SEAL.]
JO-SE, his x mark. [SEAL.]
WAS-SAL-IS-CO, his x mark. [SEAL.]
JOSE VEN-TU-RA, his x mark. [SEAL.]

CY-PRI-ANO, chief, his x mark. [SEAL.]
WOO-MA-ACK, his x mark. [SEAL.]
AT-CA-NA, his x mark. [SEAL.]
AC-TON, his x mark. [SEAL.]
IO-TO-CO-NO, his x mark. [SEAL.]
HA-MA-CHA, his x mark. [SEAL.]

NU-MAS-E-CA-NO, chief, his x mark. [SEAL.]
CO-NO-TO, his x mark. [SEAL.]
PON-SIL-LO, his x mark. [SEAL.]
LO-PE-AC, his x mark. [SEAL.]

HAW-HAW, chief, his x mark. [SEAL.]
OU-TU-PI-TU, his x mark. [SEAL.]
IN-TE-A-TA, his x mark. [SEAL.]
TAS-SE-O, his x mark. [SEAL.]
OU-MA, his x mark. [SEAL.]
WA-PA-TA, his x mark. [SEAL.]

Signed, sealed, and delivered, after being fully explained, in presence of—
JOHN MCKEE, Secretary.
ADAM JOHNSON, Agent.
H. S. BURTON, Interpreter.
E. D. KEYES, Captain third artillery, commanding escort.
I. H. LENDRUM, First lieutenant 3d artillery.
J. HAMILTON, Lieutenant 3d artillery.
T. MOORE, Lieutenant, 2d infantry.
H. G. J. GIBSON, Second lieutenant 3d artillery.
N. H. MCLEAN, Second lieutenant 2d infantry.
JOHN E. DURIVAGE.
THOS. J. ROACH.

¹WASHINGTON, June 1, 1852.

To the Senate of the United States:

I communicate to the Senate herewith, for its constitutional action thereon, eighteen treaties negotiated with Indian tribes in California, as described in the accompanying letter of the Secretary of the Interior, dated the 22d ultimo, with a copy of the report of the Superintendent of Indian Affairs for the State of California, and other correspondence in relation thereto.

MILLARD FILLMORE.

The eighteen treaties with Indian tribes in California received on the 7th and reported without amendment the 28th June, were severally read the second time, and considered as in Committee of the Whole; and no amendment being made thereto, they were severally reported to the Senate.

On the question being stated on each treaty, to wit, will the Senate advise and consent to the ratification of this treaty?

It was unanimously determined in the negative by the following vote on each treaty:

Those who voted in the negative are,

Messrs. Adams, Atchison, Bayard, Borland, Bradbury, Brodhead, Brooke, Charlton, Clarke, Cooper, Dawson, De Saussure, Dodge of Wisconsin, Dodge of Iowa, Douglas, Felch, Foot, Geyer, Gwin, Hamlin, Hunter, Jones of Iowa, Mallory, Mangum, Miller, Norris, Pratt, Rusk, Shields, Smith, Soul, Spruance, Sumner, Toucey, Upham, Wade, Walker.

So it was respectively determined as follows, to wit:

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and entered into at Camp Belt, on King's River, in the State of California, on the thirteenth day of May, eighteen hundred and fifty-one, between George W. Barbour, one of the commissioners appointed by the President of the United States to make treaties with the various Indian tribes in the State of California, and having full authority to do so, of the first part, and the chiefs, captains, and head men of the following tribes of Indian, to wit, the Ta-ches, Cah-wai, Yo-kol, Ta-lum-me, Wic-chum-ne, Hol-cu-ma, To-e-neche, Tu-hue-masch In-tim-peach, Chol-nuck, We-mil-ches, and Mo-ton-toes, of the second part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and entered into at Camp Keyes, on the Cahwai River, in the State of California, on the thirtieth day of M:ay eighteen hundred and fifty-one, between George W. Barbour, one of the commissioners appointed by the President of the United States to make treaties with the various Indian tribes in the State of California, and having full authority to do so, of the first part, and the chiefs, captains and head men of the following tribes of Indians, to wit, Ko-ya-te, Wo-la-si, Nu-chow-we, Wack-sa-che, Pal-wisha, Po-ken-welle, and Ya-wil-chine, of the second part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship formed and concluded at Camp Burton, on Paint Creek, in the State of California, on the third day of June, eighteen hundred and fifty-one, between George W. Barbour, one of the commissioners appointed by the President of the United States to make treaties with the various Indian tribes in the State of California, and having full authority to act, of the first part, and the chiefs, captains, and head men of the following tribes of Indians, to wit, Chu-nute, Wo-wol, Yo-lum-ne, Co-ye-tie, of the second part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and entered into at Camp Persifer F. Smith, at the Texon Pass, in the State of California, on the tenth day of June, eighteen hundred and fifty-one, between George W. Barbour, one of the commissioners appointed by the President of the United States to make treaties with the various Indian tribes in the State of California, and having full authority to act, of the first part, and the chiefs, captains, and head men of the following tribes of Indians, to wit, Cas-take, Teton, San-Imirio, Uvas, Carises, Buena Vista, Sena-hu-ow, Holo-cla-me, Soho-nuts, To-cia-a, and Hol-mi-uh, of the second part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Dent and Vantine's Crossings, on the Stanislaus River, California, between the commissioner plenipotentiary of the United States of America, of the one part, and the chiefs, captains, and head men of the Iou-ol-umne, We-chilla, Su-caah, Co-to-planemis Chap-pah-sims and Sage-room-nes, tribes of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Camp Union, near the Yaba River, between the United States Indian agent, O. M. Wozencraft, of the one part, and the chiefs, captains and head men of the following tribes, viz, Daspia, Ya-ma-do, Yol-la-mer, Wai-de pa can, On-o-po-ma, Mon-e da, Wau-muck, Nem-shaw Bem-pi, Ya-cum-na, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded, near Bedwell's Ranch, on Chico Creek, between the United States Indian agent, O. M. Wozencraft, of the one part, and the chiefs captains and head men of the following tribes, viz, Mi-chop-da, Es-kuin, Ho-lo lu-pi, To-to, Su-mus, Che-no, Bat-si, Yut-duc, Sim-sa-wa, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Reading's Ranch, on Cottonwood Creek, California, between the United States Indian agent, O. M. Wozencraft, of the one part, and the chiefs, captains and head men of the following tribes or bands, viz, Noi-ma, Noe-ma, Y-lac-ca, No-me, Noi-ma, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Camp Colus, on the Sacramento River, California, between the United States Indian agent, O. M. Wozencraft, of the one part, and the chiefs, captains, and head men of the following tribes or bands, viz, Colus, Wil-lays, Coha-na, Tat-nah, Cha-doe-duc, Cham-net-co, Toe-de, of the other parts.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at the fork of Cosumnes River, between the United States Indian agent, O. M. Wozencraft, of the one part, and the chiefs, captains, and head men of the following tribes, viz, Cu-lus, Yas-si, Loc-lum-ne, and Wo-pum-nes, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at the village of Temecula, California, between the United States Indian agent, O. M. Wozencraft, of the one part, and the captains and head men of the following nations, viz, The nation of Sa Louis Rey Indians, the Kah-we-as and the tribe of Co-com-cah-ras, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at the village of Santa Ysabel, California, between the United States Indian agent, O. M. Wozencraft, of the one part, and the captains and head men of the nation of Diequino Indians of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty made and concluded on the nineteenth day of March, in the year eighteen hundred and fifty-one, at Camp Fremont, near the Little Mariposa River, in the State of California, between Redick McKee, George W. Barbour, and Oliver M. Wozencraft, commissioners appointed by the President of the United States to treat with the various tribes of Indians in the State of California, of the one part, and the chiefs, captains, and head men of the Si-yan-te, Po-to-yan-te, Co-co-noon, Apang-as-se, Aplache, and A-wal-a-che, tribes of Indians, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Camp Barbour, on the San Joaquin River, California, between Redick McKee, George W. Barbour, and O. M. Wozencraft, commissioners thereto specially appointed, on the part of the United States, and the undersigned chiefs, captains, and head men of the tribes or bands of Indians now in council at this camp, known as the How-ech-ees, Chook-chnees, Chow-chil-lies, Po-honee-chees, and Nook-choos, which five tribes or bands acknowledge Nai-yah-qua as their principal chief, also the Pit-cat-chees, Cas-sous, Toom-nas, Tallin-chees, and Pos-kesa, which five tribes or bands acknowledge Tom-quit as their principal chief; also the Wa-cha-ets, Itachees, Cho-e-nem-uees, Cho-e-nem-as, We-mal-ches, and No-to-no-tos, which six tribes or bands acknowledge Pasqual as their principal chief, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Camp Lu-pi-yu-ma, on the south side of Clear Lake, between Redick McKee, one of the Indian agents specially appointed to make treaties with the various Indian tribes in California, on the part of the United States, and the undersigned chief, captains, and head men of the tribes or bands of Indians now in council at this camp, known as the Ca-la-na-po tribe, represented by the Julio and captains; Na-bi-no-po tribe, represented by the chief, Pri-e-to, and his captains Da-do-ha-bo tribe, represented by the chief, Ku-kee; Mo-al-kai tribe. represented by the chief, Moh-shaw, and his captains; Che-com tribe, represented by the chief, Cal-i-a-him and his captains; How-ku-ma tribe, represented by the chief, Chi-bec, and his captains; Cha-nel-kai tribe, represented by the chief, Cou-chu, and the Mo-dam-a-dec tribe, represented by the chief, Co-e-u-re, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Camp Fernando Felix, on Russian River, California, between Redick McKee, one of the Indian agents specially appointed to make treaties with the various Indian tribes in California, on the part of the United States, and the undersigned chiefs, captains, and headmen of the tribes or bands of Indians now in council at this camp, known as the Sai-nell tribe, represented by the chief, Chas-kan and captains; Ya-ki-as tribe, represented by the chief Ko-yo-to-was-sa and captains; Mas-su-ta-ka-ya tribe, represented by the chief Cal-pel-la and captains; Po-mo tribe, represented by the chief Chi-bem, of the other part.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at Camp Klamath, at the junction of the Klamath and Trinity Rivers, between Redick McKee, one of the Indian agents specially appointed to make treaties with the various Indian tribes in California, on the part of the United States, and the chiefs, captains, and headmen of the tribes or bands of Indians now in council at this camp representing the Poh-likor Lower Klamath, the Peh-tsick or Upper Klamath and the Hoo-pah or Trinity River Indians; containing also stipulations preliminary to future measures to be recommended for adoption on the part of the United States.

Resolved, That the Senate do not advise and consent to the ratification of the treaty of peace and friendship made and concluded at camp in Scott's Valley, Shasta County, California,, between Redick McKee, one of the Indian agents specially appointed to make treaties with the various Indian tribes in California, on the part of United States, and the undersigned chiefs, captains, and headmen now in council at this camp, representing the Upper Klamath, Shasta, and Scott's River Indians, residing severally in twenty-four-nineteen, and seven rancherias or villages, and known as the 0-de-i-lah tribe or band, I-shak, chief, from the Upper Klamath River; I-ka-ruck tribe or band, Tso-hor-get-sho, chief; Kose-tah tribe or band, Ada-wai-how-ik, chief; I-da-kai-i-waka-ha tribe or band, I-da-kai-i-waka-ha, chief, from Shasta Valley; Wat-sa-he-wa tribe or band, Ar-rats-a-cho-i-ca, chief; E-en tribe or band, An-na-tik-a-hok, chief, from Scott's Valley, on the other part.

Ordered, That the Secretary lay the said resolutions, respectively, before the President of the United States.

(Senate Executive Journal, July 8, 1852, vol. 8, pp., 417, 418, 419.)