57TH CONGRESS, (HOUSE
1st Session.
I
AGREEMENT
OF REPRESENTATIVES.
REPORT
No. 969.
WITH INDIANS OF KLAMATH RESERVATION, OREG.
MARCH 15, 1902.-Committed to the Committee of the Whole House on the state of
the Union and ordered to be printed.
Mr. MOODY, of Oregon, from the Committee on Indian Affairs, submitted the following
REPORT.
[To accompany H. R. 8760.]
The Committee on Indian Affairs, to whom was referred the bill
(H. R. 8760) to ratify an agreement with the Indians of the Klamath
Indian Reservation, in the State of Oregon, and making appropriations to carry the same into effect; and also the report of the Secretary of the Interior, with its accompanying papers, recommending ratification of the agreement, having had the same under consideration,
report thereon as follows:
By a treaty with the Indians now upon the Klamath Reservation, in
the State of Oregon, concluded October 14,1864, and ratified and proclaimed February 17, 1870 (16 Stat., 707), those Indians ceded to the
United States a large tract of country, estimated at 20,000,000 acres,
for a money consideration of $115,000 and certain educational and
industrial benefits which continued for a few years.
By the same treaty and in the same article making the cession of
lands the said Indians reserved as a place for their future homes a
tract of country within the boundaries of their former possessions,
with stipulations that they would remove to and reside upon the same.
They promptly complied with the treaty by taking up their residence
upon the reserved tract, or so much thereof as they were permitted
to occupy.
In 1871, shortly after the treaty was proclaimed, the outboundaries
of the reserved tract were ordered to be surveyed, and a contract for
that purpose was made with one George Mercer.
The exterior boundaries of said reserved tract are described in
Article 1 of the treaty by mention of and reference to mountain
peaks, mountain ranges, streams, lakes, and other physical and natural
features of the country. In making the survey, by which it was
intended to run and mark the outboundaries of the reserved tract
2
AGREEMENT WITH KLAMATH INDIANS.
as described in the treaty, the surveyor failed to follow the calls of the
treatv therefore. His survey was approved, notwithstanding the complaints made by the Indians while it was being executed that a mistake
was being made that deprived them of a very large portion of the
tract that they had reserved for their residence. The record in the
case does not show that the complaints of the Indians were reported
to the Interior Department or any bureau thereof before the approval
of the survey. When, however, white settlers began to move in and
settle upon portions of the disputed land the Intliaiis complained more
bitterly, and their complaints were made known to the War Departmenlt an(l to the Interior Department by the officers of each stationed
in the locality or on the reservation. A report on the subject, called
for bv the Secretary of the Interior, was made by the Conmmissiont(r
of thel General Land Office on April 8, 1878, wherein lie stated:
Froii an exaininationi
of the field notes of survev in connection with the limits
dc>nril)( d in the treaty, it appears that the treaty lines on the east anti south and a
posrtionl 'f the west sle of the reservation, described as mountains or ridge of inountains, were imot followed by the surveyor, who, in running said lines, followed certain lines of the public survey.
This admission on the part of the General Land Office, tinder whose
directions the survey was made, that the treaty calls had not been followed. left no doubt as to the justness of the complaints of the Indians.
On October 15, 1886, the Commissioner of Indian Affairs again
reconim111 endedthat the boundary lines be run in accordance with the treaty and properly marked
every half mile, except where the lakes and streams form a natural boundary
The Secretary of the Interior directed the Commissioner of the
General Land Officee to carry out that recommendation. It appears
not to have been tione, and for reasons stated in a subsequent letter of
July 30. 1887, fromi the (Commnissioner of Indian Affairs to the Secretary of the Interior, wherein the following appears:
Subsequently the oflite was inforinnllv advised by the General Land Oflice that tl e
surveyor-general of Oregon was of the )pillionthat the survey of the eastern boundary woultl not be satisfactory to thle Indians anut the settlers until the locus of the
boundary should be agreed upon bY a (colUuission, as a mnisuiderntaildogn existed as
to which range of mountains coiitit uted the eastern boundary as defined by the
treaty.
As there was no authority to appoint a commission to investigate and
report upon the matter, the Commissioner of Indian Affairs instructed
the United States Indian agent for the Klamath Agency to make the
investigation, take testimony. and to report his recommendations.
This was done, and said agent recommended certain ehanllges in the
boundaries as surveved by George Mercer, all of which were recoinlmnended to the Secretary of the I ntterior, except as to the eastern boundary, concerning which the Commissioner said:
As the eastern line was established seine sixteen years ago, and settlements have
been niade upon surveyed lands within the limits claimed by the Indians, I am
inclined to the opinion that the reestablishment of the eastern boundary as surveyed
by Mercer will be the easiest way out of the difficultv, the north and south botindaries to be surveyed as recommended by Agent Eiery.
The claim of the Indians to the country to the east of the Mercer survey can te
hereafter considered and referred to Congress, if deemed just.
The General Land Office was directed by the Secretary of the Interior to carry out the recommuendation of the Commissioner of Indian
Affairs, and the survey was accordingly made, and was approved in 1888.
I
AGREEMENT WITH KLAMATH
INDIANS.
The Indians continued to complain that none of the surveys made
conformed to the lines as described in the treaty, and that great iniustice was done to themi by throwing open to settlement by white settlers
so much of the land properly forming a part of the treaty reservation.
The matter was finally brought to the attention of Congress, and
the Senate, by resolution of May 31, 1894, called for copies of the correspoondence on the subject. The response made to the resolution not
being full and complete or satisfactory, a further resolution was
adopted by the Senate on December 13, 1894, calling for omitted
papers and for a report as to the estimated area of land excluded from
the reservation by the alleged erroneous survey of the outboundaries
thereof. The answer to the latter resolution furnished the important
papers omitted in the answver made to the earlier resolution. The
report of the Comnmnissioner of the General Land Office described three
several lines as the possible treaty lines. If the first should be ascertained to be the treaty lines of the reservation, the area excltided by
the erroneous survey of the outboundaries would be about 909,990
acres: if the second, about 682,240 acres; if the third, about 159,550
acres.
Upon this showing Congress, by a clause in the Indian appropriation act of June 10, 1896 (29 Stat., 331), authorized the President to
appointA commission, to be composed of three persons, two of whom shall be practical
survevors, * * * to visit and thoroughly investigate and determine as to the corre( t location of the boundary lines of the Klamath Indian Reservation, in the State
of Ore(gon, the location of said boundary lines to be according to the terms of the
treaties heretofore made with said Indians establishing said reservation; * * *
ascertain and determine, as nearly as practicable, the number of acres, if any, of
land(1, the character thereof, in a state of nature, that have been excluded from said
reservation by the erroneous survey of its outboundaries.
The Commissionlappointed by the President in pursuance of that
provision of law consisted of W. P. Coleman, of Missouri; 1t. P.
Hammond, of California, and I. D. Applegate. of Oregon. They,
with the aid of a civil engineer employed by them, ascertained and
determined the boundarv lines of the reservation as described in the
treaty, and surveyed and marked the samne. They reported the area
of the land excluded from the reservation bv the erroneous survev of
its boundaries to be 617,490 acres, concerning which their report concludes as followvs:
r
The area which we ascertain and determine to have been excluded from the treaty
reservation by the erroneous survey of its outhoundaries is 617,490 acres.
The character of the excluded area varies greatly. There are some limited tracts
of good meadow and grazing land, but the major portion of the area is of inferior
quality. With the exception of the meadows of the Sycan and Sprague River sections, which are the principal bone of contention, the greater part of the excluded
land consists of rocky and sterile mountain ranges, producing very ordinary timber
and little grass.
The territory in the vicinage of Mounts Scott and Cowlhorn on the northwest and
north is especially of little or no value.
Being of volcanic formnation, the land consists of substrata of basalt and pumlice
stone lightly covered with volcanic ashes and decomposed pumice, offering scanty
sustenance to vegetation.
The extensive areas embraced in the eastern slopes and spurs of Yamsay Mountains and the western of Winter Ridge are likewise of little worth owing to their
rugged and rocky formation.
Giving these inferior tracts, the good timber land and the meadows of the Sycan
and Sprague River valleys their proportionate valuation, we determine the value of
the excluded land to be $533,270, or 617,490 acres, at 86.36 cents per acre.
I
4
AGREEMENT WITH KLAMATH INDIANS.
In our intercourse with the Indians on this reservation we observed that a very
commendable spirit of progress has been awakened in them. They impressed us as
being of a higher type than the ordinary Indian; ambitious, industrious, and thrifty,
they have already made great advancement in civilization.
They have, with rare exceptions, adopted the language, dress, and habits of the
whites, and the children are few who are not inmates of the excellent schools provided by the Government. An eager desire for further and continuous progress
seems to animate young and old alike. The admirable provisions of the Government to enable them to acquire land in severalty and to build houses and barns are
highly beneficial. One step further would assure their self-support and independence of Government aid.
This step is some assistance to enable them to utilize profitably the lands now
being allotted them.
Grazing is the best and largely predominant resource of the reservation; therefore
a few head of cattle as a start for each family would seem to be a prime necessity.
We accordingly respectfully recommend that one-fourth of the amount determined
to be due them be paid to the Indians, per capita, for the purchase of cattle, wagons,
andl mowing machines, and that the remaining portion be held in trust for them by
the United States for such period as Congress may establish prohibitory of the dikposal of the land now being allotted these Indians; the interest, which the Congress
of the United States may fix on the portion held in trust, to be paid annually to the
Indians, per capita, in like manner.
In conclusion, we respectfully submit that during all this long period of thirty-two
years these Indians have exhibited a patient and unwavering confidence in the justice
of the Government demanding the highest commendation.
Believing themselves to be grievously wronged by the white settlements on land
they considered secured to them by the solemn pledge of the Government and from
which their subsistence was largely drawn, they yet endured all the aggravating conditions of these Years, resisted all the allurements of the adjacent and kindred tribes
during the exciting period of the Modoc war, and remained loyal and true.
We beg to attach hereto a copy of the testimony taken, marked Exhibit A, and
the map compiled under your instructions, marked Exhibit B, and have the honor to
remain,
Very respectfully,
W. P. COLEMAN,
R. P. HAM.MOND,
I. D.
APPLEGATE,
Commissioners.
The
SECRETARY OF THE INTERIOR.
The report of the Commission was submitted to Congress by Hon.
D. R. Francis, Secretary of the Interior, concurring in the report of
the Commissioner of Indian Affairs recommending favorable considerationof the claim, and reporting an item for incorporation in the Indian
appropriation bill making the necessary appropriation for the adjustment of the claim. (See Senate Doe. No. 93, Fifty-fourth Congress,
second session.)
The Committee on Indian Affairs of the Senate considered the claim,
and made report thereon, recommending that the item submitted by
the Department of the Interior be enacted into law without amendment.
(See Senate Report No. 420, Fifty-fifth Congress, second session.)
The further consideration of the claim was had by the Senate Committee on Appropriations, to which it was referred, and by which it
was decided that before final action looking to an appropriation of the
money to pay the Indians for the excluded lands, as recommended by
the Commission, an official survey should be made of the outboundaries
as determined and established by the Commission to be the correct
boundaries of the reservation as prescribed by the treaty; also, that
there should be negotiations with the Indians through one of the
United States Indian inspectors for cession of any portion of their
treaty reservation. A clause was accordingly incorporated in the Indian appropriation act for these purposes: Ten thousand dollars for
the survey and $2,000 for the negotiations. (30 Stat., 571.)
AGREEMENT WITH KLAMATH
INDIANS.
The proceedings had under these provisions of law are so fully and
clearly set forth in the report of the Secretary of the Interior, Hlon.
E. A. Hitchcock, dated December 8, 1900, to Congress, and the report
of the Commissioner of Indian Affairs, herewith submitted, that those
reports are herein set out in full, as follows (see H. R. Doe. No. 156,
Fifty-sixth Congress, second session):
DEPARTMENT OF THE INTERIOR
I'ashiagion, December 8, 1900.
SIR: I have the honor to transmit herewith copy of a communication of the 24th
ultimo from the Commissioner of Indian Affairs, together with copies of agreements
made by Indian Inspectors McConnell and McLaughlin with the Klamath Indians
for the relinquishment of all their rights and interest in and to any part of their
reservation in the State of Oregon, as provided by the Indian appropriation act
approved July 1, 1898 (30 Stat. L., 571).
On January 2,1899, Inspector McConnell submitted an agreement concluded by him
December 28, 1898, with said Indians. This agreement, the Commissioner states, was
not satisfactory in some respects, being at variance with the findings of the Boundary
Commission appointed under the authority of the Indian appropriation act of June
10, 1896, whose report may be found in Senate Executive Document No. 93, Fiftyfourth Congress, second session.
In view of the apparent difference of opinion as to the value of the lands (621,824.28
acres) excluded from the treaty reservation of the Klamath Indians, by erroneous
survey, the Department deemed it advisable to instruct Inspector McLaughlin to
proceed to the Klamath country for the purposeFirst, of determining, after thorough investigation, whether the price fixed by the
Boundary Commission is a fair and reasonable one, in view of all the circumstances,
and equitable to the Indians and not unjust to the Government.
Second, to endeavor to negotiate an agreement with the Indians which would contain such provisions as to the amount and terms of payment to be made as he is
willing to indorse and recommend, and which can be submitted to Congress with
the full indorsement and hearty recommendation of the Indian Office and the
Department.
An agreement was concluded with the Klamath Indians by Inspector McLaughlin
on the 24th of October, 1900, which is satisfactory to the Department, and I transmit
herewith draft of a bill to ratify the same, with request for early and favorable
consideration.
Very respectfully,
E. A. HITCIICOCc,
Secretary.
The SPEAKER OF THE HousE or REPRESENTATIVES.
DEPARTMENT OF THE INTERIOR,
OFFICE OF INDI.AN AFFAIRS,
IVashington, November 24, 1900.
SIR: This office is in receipt, by Department reference for early consideration,
report, and recommendation, of the report of Inspector James McLaughlin, dated
October 29, 1900, transmitting an agreement entered into by him, ol the part of the
United States, with the Indians of the Klamath Agency, Oreg.
The Indian appropriation act of June 10, 1896 (29 Stat. L., 331), authorized the
President to appoint a commission of three persons"To visit and thoroughly investigate and determine as to the correct location of the
boundary lines of the Klamath Indian Reservation in the State of Oregon, the location of said boundary lines to be according to the terms of the treaties heretofore
made with said Indians establishing said reservation; and when the correct location
of said treaty boundaries of said reservation shall have been so ascertained and determined said commission shall ascertain and determine, as nearly as practicable, the
number of acres, if any, of the land, the character thereof, and also the value thereof
in a state of nature, that have been excluded from said treaty reservation by the
erroneous survey of its oulijoundaries, as now existing and as shown and reported to
have been made in reports of the Commissioner of Indian Affairs and of the Commissioner of the General Land Office, submitted to the Senate by the Secretary of the
Interior, and as set out in Senate Executive Documents numbered one hundred and
twenty-nine, Fifty-third Congress, second session, and numbered sixty-two, Fiftythird Congress, third session.
ii
AGREEMENT WITH KLAM4ATH INDIANS.
"And said Commission shall make report of the facts ascertained and of their conclusions and recommendations upon the matters hereby committed to them to the
Secretary of the Interior, who is hereby directed to report the facts found and reported
by said Commission and theirconclusions and reconmmendations in the matter, together
with his recommendations thereon, to the next regular session of Congress for its
action."
The contention regarding the location of the boundary lines of the Klamath Reservation and the erroneous survey thereof is fully set out in the documents above
referred to.
UTJder the foregoing legislation Messrs. W. P. Coleman, R. P. Hammond, and
I. D. Applegate were appointed commissioners.
They found the area of the lands excluded from the reservation by the erroneous
survey to be 67,490 acres, value of the same being $533,270.
Their report, dated December 18, 1896, was submitted to the Senate by the Secretary of the Interior, January 26, 1897, accompanied by the draft of an item prepared
in this ofhice to be inserted in the Indian appropriation bill appropriating said sum
for payment to the Indians of the Klamath Reservation in the manner therein indicated, said payment to be in full of all claims and demands of said Indians growing
out of the said erroneous survey.
The Secretary recommended that the matter receive early and favorable recommendation by the Congress.
The report and accompanying papers may be found in Senate Executive Document
No. 93, Fifty-fourth Congress, second session.
At the second session of the Fifty-fifth Congress the following appropriation and
provisions were inserted in the Indian appropriation act approved July 1, 1898
(30 Stat. L., 571):
"For resurvey of the exterior boundaries of the Klamath Reservation (so called),
in the State of Oregon, in accordance with the provisions of the first article of the
treaty made and concluded with the said Klainath and other Indians October fourteenth, eighteen hundred and sixty-four, and proclaimed February seventeenth,
eighteen hundred and seventy, ten thousand dollars, or so much thereof as may be
necessary, such survey to be made under the direction of the Secretary of the Interior
and in such way as he may determine.
"To enable the Secretary of the Interior, who is hereby authorized and directed
to negotiate through an Indian inspector with said Klamath Indians for the relinquishment of all their right and interest in and to any part of said reservation, and
also to negotiate with them as respects any and all matters growing out of their occupation of said reservation under said treaty, and the Secretary of the Interior shall
also ascertain what portion of the reservation is occupied by citizens of the United
States, and for what purpose and under what title; and to pay the necessary expenses
incident to such negotiations and examination, two thousand dollars, or so much
thereof as may be necessary, any agreement made hereunder to be submitted to
Congress for its approval."
July 15, 1898, this office recommended that the Commissioner of the General Land
Office be instructed to cause the boundary lines of the Klamath Reservation to be
surveyed in accordance with the provisions of the treaty of October 14, 1864, as
ascertained by the Commission appointed under the act of June 10, 1896.
October 8, 1898, instructions for the guidance of Inspector W. J. McConnell, who
had been selected by the Secretary to carry out the provisions of the second paragraph of the act of July 1, 1898, above quoted, were prepared and submitted for the
approval of the Department.
January 2, 1899, Inspector McConnell submitted his report, accompanied by an
agreement concluded by him December 28, 1898, with the Indians of the Klamath
Reservation, which report, with the agreement, was transmitted to this office for
report and recommendation January 18, 1899.
By article 1 of said agreement said Indians ceded, sold, relinquished, and conveyed to the United States all their claim, right, title, and interest in and to all that
part of the Klamath Reservation between the boundaries as described in the treaty
of October 14,1864, and confirmed by the Klamath boundary commissioners in their
report of December 18, 1896, and the reservation line as established by the survey
made in 1871, under the authority of the General Land Office, it being understood
that the portion of the reservation thus ceded approximated 617,490 acres. The
number of acres so ceded, however, to be finally determined by the resurvey of the
exterior boundaries, as provided in the act of July 1, 1898.
By article 2 the United States, in consideration of said cession, agreed to pay said
Indians the sum of $533,270, or the sum of 86.36 cents per acre for the quantity of
land as finally determined by the survey.
AGREEMENT
WITH KLAMATH INDIANS.
7
By the third article it was stipulated that said amount of $533,270, more or less,
after the payment of the legal fees of attorneys, and until Congress further provided,
be deposited in the Treasury of the United States to the credit of the said Indians
and draw interest at the rate of 5 per cent per annum, said interest to be paid to the
Indians annually per capita.
It was further agreed that the above sum, or the amount remaining after the pavment of attorneys' fees, should remain in the Treasury as before provided until such
time as the Klamath Indians should, by petition through the United States Indian
agent and the Commissioner of Indian Affairs, subject to the approval of the Secretarv of the Interior, ask to have such sums paid to them per capita from time to
time as their needs might require.
By the fourth article it was provided that the lands ceded, retained, and those
allotted should be subject to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country, and that the allottees, whether under
the care of the Indian agent or not, should be subject to all the laws of the United
States prohibiting the sale or other disposition of intoxicants to Indians.
The fifth article provided that so long as the United States maintained an Indian
boarding school on the Klamath Reservation, the attendance and control of the
pupils should be governed by the regulations of the Iitdian Office.
The sixth article continued the existing provisions of all treaties not inconsistent
with the agreement.
The seventh article provided that it should not take effect until ratified by Congress.
In submitting the agreement, Inspector McConnell stated that only 62,361 acres
of the land excluded from the reservation by the erroneous survey had been entered,
of which the Oregon Central Military Wagon Road Company had filed upon 31,000
acres, and the State of Oregon upon 24,281 acres, leaving 7,080 acres that had been
taken up by settlers, leaving a balance of 555,129 acres of the excluded land then
unoccupied. He stated that it was fair to presume that the unoccupied land was of
but little value, if not practically worthless, having been allowed to remain unentered for twenty-five years, and that there was no apparent reason why the Indians
should not be allowed to retain the unoccupied or unclaimed lands, and payment
made to them for the 62,361 acres that had been transferred to settlers and other
claimants. He stated that if Congress desired to purchase from the Indians all the
lands excluded by the erroneous survey the sum to be paid them should not exceed
$250,000, and if they were to receive $533,270, it should be understood by them that
the amount in excess of $250,000 was a gift on the part of the Government, to be
expended for their benefit under the direction of the Secretary of the Interior.
He related the result of the councils with the Indians and his failure to induce
them to consent to any agreement which would permit the Government to buy anything for them, or make any improvements with their money, they being only
willing to enter into an agreement under which all money would be deposited to
their credit.
Notwithstanding his views he concluded the agreement hereinbefore set forth.
This agreement not being in some respects satisfactory to this office, and Inspector
McConnell's report being at variance with the findings of the Boundary Commission,
and such action having also been requested by the attorneys for the Indians, this
office, under date of May 15, 1899, recommended that Inspector James McLaughlin,
who had had a long experience with various Indian tribes, and who had been
eminently successful in negotiating with them, be instructed to visit the reservation
with the purpose, "first, of determining, after a thorough investigation, whether the
price fixed by the Boundary Commission is a fair and reasonable one, in view of all
the circumstances, and equitable to the Indians and not unjust to the Government;
and, second, to endeavor to negotiate an agreement with the Indians which will contain such provisions as to the amount and terms of the payment to be made as he is
willing to indorse and recommend, under the instructions to be given him, and
which can be submitted to Congress with the full indorsement and hearty recommendation of this office and the Department."
May 7, 1900, the Commissioner of the General Land Office advised this office that
he had accepted the surveys of the boundary lines of the Klamath Reservation, and
transmitted 39 township plats, 1 large map with photolithographic copy, and duplicate transcript of field notes. This survey shows that 621,824.28 acres were excluded
from the treaty reservation of the Klamath Indians by the erroneous survey.
June 13, 1900, you advised this office that, in view of the apparent difference of
opinion as to the value of the lands, you had reached the conclusion that further
negotiations with the Indians were advisable, and that you had instructed Inspector
McLaughlin to proceed to the Klamath country for that purpose.
The agreement submitted by Inspector McLaughlin was made and entered into on
8
AGREEMENT
WITH KLAMATH INDIANS.
the 24th day of October, 1900. By the first article the Indians cede, surrender, and
convey to the United States all their claim, right, title, and interest in and to all that
part of the Klamath Indian Reservation lying between the boundaries described in
the treaty of October 14, 1864, as confirmed by the Klamath Boundary Commission,
and the reservation boundary lines, as established by the survey made in 1871, under
authority of the General Land Office, said tract so ceded and relinquished comprising
621,824 acres.
By article 2, in consideration of the lands ceded, the United States stipulates and
agrees to pay to and expend for said Indians, in the manner thereinafter provided,
the sum of $537,007.20, being at the rate of 86.36 cents per acre. (The exact amount,
according to the survey, is $537,007.35.)
By article 3 it is agreed that of the amount to be paid to the Indians, as stipulated
in article 2, the sum of $25,000 shall be paid in cash, pro rata, share and share alike, to
each man, woman, and child belonging to the said Klamath and other tribes under the
jurisdiction of the Klamath Agency, within one hundred and fifty days from and
after the date of the ratification of the agreement, and the sum of $350,000 shall be
deposited in the Treasury of the United States to the credit of said Indians, and shall
draw interest at the rate of 5 per cent per annum, which interest shall be paid to said
Indians annually per capita incash, and that the remainder of said sum of $537,007.20,
after the payment of the legal fees of attorneys having duly approved contracts, shall
be expended for the benefit of said Indians under the direction of the Secretary of
the interior, upon requisition of the Indians, through the United States Indian
agent, in the drainage and irrigation of their lands and the purchase of stock cattle
for issue to said Indians, and for such other purposes as may in his opinion best promote their welfare; provided, that beneficiaries whose allotments will not be benefited
by the irrigation systems constructed under this provision shall not bear any of the
expense of such irrigation construction, and shall, as nearly as practicable, receive
an equivalent in value of the stock cattle and other articles contemplated, that each
beneficiary may thus receive his or her proportionate share of the benefits of this
provision; and provided further, that in addition to the interest on the fund deposited
in the United States Treasury the Secretary of the Interior may, in his discretion,
expend for the benefit of said Indians, including reasonable cash payments per
capita, not to exceed 10 per cent per annum of the principal fund, upon a majority
of the male adult Indians of Klamath Agency petitioning for the same, through the
Commissioner of Indian Affairs.
By article 4 it is understood that nothing in the agreement shall be construed to
deprive the said Klamath and other Indians of any benefits to which they are entitled under existing treaties not inconsistent with the provisions of this agreement.
Article 5 provides that it shall take effect and be in force when signed by Indian
Inspector McLaughlin and by a majority of the male adult Indians parties thereto,
and when approved by the Secretary of the Interior and accepted and ratified by
Congress.
The agreement is signed by 200 male adult Indians of the Klamath Agency.
Agent Applegate certifies that the total number of male adult Indians over 18 years
of age belonging to the Klamath Agency is 296.
Joseph Kirk, Rev. Jesse Kirk,William Crawford, Robert Wilson, who sign their
own names, and Harrison Brown, who signs by mark, members of the Klamath and
Modoc tribes and Yahooskin band of Snake Indians, and constitute a committee duly
appointed by their people to negotiate with Inspector McLaughlin, certify that the
agreement dated October 24, 1900, was fully understood by them, and also by the
Indians who signed the same, and that the signatures of the Indians to said agreement were of their own free will and without due influence or promise of future
reward.
In his report Inspector McLaughlin states that upon his arrival at the Klamath
Agency on October 8, 1900, he immediately proceeded to obtain information regarding the character of the country, nature of the soil, and quality of the timber within
the tract involved, and that from the 8th to the 20th of that month he was engaged
in the work, during which twelve days he traveled, including his trips over the reservation to outlying points of the adjoining lands in question, a distance of about 260
miles; that commencing at a point on the boundary line about a mile north of the
bridge across Wood River at Fort Klamath, he proceeded as nearly as practicable along
said boundary line to the summit of the ridge which divides the upper and middle
Klamath lakes, as referred to in the treaty of 1864, traveling over said ridge a considerable distance, from which elevation he had an extensive view of the adjacent
foothills and mountain slopes, all of which he found to be heavily timbered, yellow
pine predominating, with considerable sugar pine, red cedar, and some fir interspersed; that yellow pine is the chief timber of the heavy forests throughout that
AGREEMENT
WITH
KLAMATH
INDIANS.
section of country, producing an excellent quality of lumber for all ordinary purposes, and the sugar pine, so called, is a species of white pine, possessing a high market
value for finishing material, being much preferable to yellow pine for the finer kinds of
work, while the red cedar furnishes excellent timlber for shingles, fence posts, etc.; that
the ridge which forms the a estern boundary of the treaty reservation is a spur of the
eastern range of the Cascade -Mountains, and its eastern slope for a distanee of about 40'
miles is within the excluded area and is well covered wvith good merchantable tinmber of
the varieties above mentioned, also numerous plateaus through the level and sterile
portions of the excluded tract contain grovesof good, fine timber; that there is a heavily
timbered beltof notless than 6miles in vi(dth and440 miles in length within the excluded
tract, along the eastern slope and foothills of the mountain ridge which forms the
western boundary of the treaty reservation, in wvhich belt there are many million
feet of excellent pine timber, which will become very valuable as soon as certain.
projected lines of railroad are constructed bv which the tinber can be profitably
converted into lumber and inarketed; that fromn tle foothills of the excluded range,
the ridge of which formns the western boundary of the excluded lands, the country
for a considerable distance east is of interior quality, no nmerchantable timber groxwing upon it,lut that there ib a dense groin th of small, 1lack pine throigthout the
greater po1 ti cn of the tiai'l that range ii size froii sinaI I saplings to trees 14 inches
in diameter, which species of >iruim pline is o(f little value otlhor tItan for fence poles
or fuel; that this (lizoic't'cr o' 'eiuirx xxlxhiri is ot litle value, enibraics a liact of
the exchilut d area
4a0liix0a0lg
IiifIO
xsIi: that tiiwhole of Sutgar Pine anountaun is tiaxlilv Itlt dwwd xvWi
ii an exi'.
Iisat q1odittof sugar p)ine(,
vellow pine, anil red
cedar, thlere being ia the suil sterile blhack pIte traits- everal sniall pllti-aus of good
yellow pini-, withI an occasioial pate hi of grass lani, whlxic h latter afftord liniltedl graz-
ing; that the soil thlronglout thle exieileil portion which lies east of 1Klamnath marsh
is of a di ffere(nt ehara(t( r to that on the xvest side of the marssh, there 1 eilcu no pulmice
east of thlt nlarsh, anix the soil of a inuilIh be-tter qualitv but there are several tracts
of sterile lanils along the 1iaie of Winter lidIre the easterrn border of Svean marsh,
and in the southeast pirtion of thx excluxltl Iands, xhiicl are very rocky, being
thickly covered with lava rock anid upon xvliich there is no vegetation ex ept a few
juniper trees of stuintel growtli, xvhiclteltharacter of land, aagregatilig approxiniately
25,000 alres in the exenled portion, it>practitcally wortltless; that the Sv xan
iteaeow
and Thomnpson valley, whic h exteiTds north fromn said marsh together xxitli extensive itneaolwxxs atal
e lands in the ippe r St irague R iver district agrreratting
approxilixatelv, 20,000 acres, are espeiiallv fertile and very plioilxitive, and Yaniway
Mountain, a large portion of awhich i9 situltelu
xvithin the excluded area, is well timbered, as is also the eastern slope of WVinter Rvidgle whii h forms the eastern boundary of the exeluiled lands; anil that front Mlount 1 ranies xM
hich is the nxortheastern
cornerof tle treaty reservation, along Winter lidge to (erhart Aountain, wiere the
said ridge termitnates ablrultly, a distance of aboult 45 miles, there is a pine-timxber
belt averaginigr about 7 intles in width whiich
.
extends along the entire distance.
He estititates the xntenrhatitabile pine timber in the exeluled portion of the Klantath Ileservat ion along the Cascade l-anle on thle vest. Snuar Pline \loiitntaixx (n the
north, Yatisav Alouiltain itt the nortletsta id \V\inter lb ige on the east, together
with the xtiiltelrox- sitall plateauxs of good pine thrioughouxt the inierior and blackpine portion,s, at i,5
0)t)i ai re9
He quotes from ditiet nt aitthotities to show that this timixer, while IoxW of little
value oWiltg to its iti'a' e -nittyv
t
will become valnalile in the nearfutixre bv the con-
struxtion of railroadtl ete
He regards $2.50 per acre a fair average value for lands in their native state
throughout the soutileasterln portion of the excluded area. exclusive of the lava-tick
portions, which latter are worthless. His report shows thtnt lie has availed himself
of every possible means to arrive at the value of the lands excludd, and states that
while it is true that there are a great mnany acres of valueless lands in the tracts, there
are mxany acres of arable land which already possess a considerahle value, aund an
iritlttense anloilixt of pine timbter thttt must become very vahuable in the nexar ftittre;
andl taking into consideration the twenty-nine years that the Klatiath Indiats htax e
been deprived of these lands, together with the vahle of the vallevs, ineadows, anil
heavil x timttere portions he most heartily insorses the price fixed uxpon said lands
by the boundary cotuunisioa in I S'i, to wit, 80.30 cents per acre.
lie then relates his negotiations in council with the Indians, stating that he advised
them that the Departriext. was opposed to per calpita cash paynteuts, as large cash
payments have a demoralizing effect upin thte Indians and that it w'as therefore
desired by the Departlnelxt that thte griater plortion of the amoixnt the Inxdians \xere
to receive be placed in the Uxnited States Treasury to their credit to draw 5 per cent
interest annually, the reinainxder, after payhig legal fees ot attorneys having duly
H i'--5'.-1-Vol 4-42
10
AGREEMENT WITH KLAMHATH
AGREEMETKL'ErWITI
aiidfull o
I of this agreenient, in
Article
INDIANS.
approved contracts, to be expended under the direction of the Serentare for >xch
t timie oll
purposes as-woild be of the greatest benefit to them, not for the present
but for their future welfare.
The Indians at first demnanded and urgently insisted upon a large cash paynie it.
but finally yielded to his arguments and were brought to appreciate the advainages
of having the money expended as stiptlated in the agreement.
was conceded by liiii after
c
Re states that the $25$000 per capita cash payment
then
careful conshsleration that the beneficiaries might thus be enabled to liquidatechvelinei
indebtedness, c(nsisting chiefly of small grocers' lills and a few mowintt
per
etc. This cash pavment for the 1,138 Indians of tie agency being abouti ¼))
be jodiionislv
capita, le thinks will be of great benefit to the beieficiaries and willold
ie who
expende' I by most of them, and especially appreciateti by the very peop
tiee money be all
would not be particularly benefited in a tangible wax should Indians
Nvere very
expenled in irrigation and the purchase of stock cattle. The
that
much opposed in time becginning to any provision for irrigation, maintaimngn
its
those desiring such should construct their own ditches, but finallc consented to
incorporation into the agreement with tie proviso that only those who vill te benefited by the irrigation shall bear any expense of its construction. The equalizationa
is to be secured by giving tbose who do mot receive any benefit from irrigation
larger share of other benefits.
He states that the Klamath and Modec Indians all dress as whites, wear their hair
short, and are well advanced in civilization, and while they are not what can be
termed fully civilized the elements of progress are well grounded and steadily
e fairly well educated, the majority of them being
developing among them. They ar
whose signatures are attached to the agreement
quite
well advanced, and of the 200
95
signed their own naimes.
ervation with an altitude approximating 4,500 feet
Res
iamath
He
states that the K
is not adapted to agricultural purposes other than the growing of fodder, which at
present is raised in valleys along the streams and other low places where there is
sufficient moisture, and with irrigation of the lands as contemplated by the agreement, the amount of timothy, red mammoth clover, grain fodder, and wild grass
that can be raised on the reservation will only be limited by the acreage cultivated.
He also states that there is no finer section in Oregon for stock growing, and that
this industry should be fostered and encouraged, as it is the only remunerative industry in that section of the country.
The agreement concluded by Inspector McLaughlin is satisfactory to this office,
and without domtt is far better for the future prosperity of the Indians than the disposition of their funds proposed in the former agreement. The price fixed upon the
lands, in view of the report of the boundary com mission and Inspector McLaughlin's
minute and careful investigation, is regarded as just and fair.
These Indians have patiently waited for more than thirty years for the recognition
of their rights to the lands given them by treaty stipulations, and a settlement with
them should no longer be deferred. The draft of a bill to ratify the agreement has
been prepared and is herewith transmitted with duplicate copies of the papers, including certified list of lands entered by citizens of the United States, by the Oregon Central
Military Wagon Road Company, and by the State of Oregon, on the tract excluded
from the Klamath Reservation by the erroneous survey made in 1871, with the recommendation that they be transmitted to both branches of Congress, with earnest recommendation for early and favorable consideration. But one copy of the map of the
boundary, as surveyed under the act of 1898, is transmitted, as it is not presumed
papers will be printed by both Houses. It is not thought necessary to transmitthe
the
township plats and field notes, a, true location of the boundary being shown on
the large map.
Very respectfully, your obedient servant,
W. A. JoNEs, Commmlionn.
The SECRETARY OF TEE INTERIOR
t
other mihiaiis aretin or gnulug
meervatfion l in iglhe Ien hlurn
of te i ir re
late- and aorees to pay to and expend
un
ied, time stun of fivafindrei
Ipriid
toeiitx cents ($,5,2)7,007.20), beiiig at tin
acre, the price ax' arded for saiuI'lail
their report tol lie ge rcrtary of th' fe'
lit aired and ninetv-..ix.
.; niecE IlI . it is agreed that of the
tuilor imolians, as stiitiilateJl clin rtile
tion-and iollars shall be paid in cash
wxioan, and child belonigmig ti) sail hi1
tix cton of the lKlainam h tub .in Aagent v,
i51-,,
i
anter the date of the ratificarioni
lift e thousand tiollars shall be dept nite
draw
shall
anti
credit of said Indians,
anmun, which interest shall be paid to
thai the remaiider of said sum of five li
dollars and twentv cents, after the payrr
approved contract, , shall be expenede
direction of the Secretary of the Interim
the U. S. Indiai Agent, in the drainagi
chase of stock cattle for issue to said Tm
his opinion, best promote their welfai
ments will not be benefited by the irr
sion shall not bear any of the expense
nearly as practicable, receive an equiva
dles herein contemplated, that each he
tionate snare of the benefits of this proN
to the interest on the fund deposited
Interior may, in his discretion, expenx
reasonable cash payments per capita, uc
of the
mnajority
a
priicipal fluid, upon
tioniig for sanie through the Commissi
AcRTiICL IV. It is understood that no
deprive tme said Klamath and other In,
to which they are entitled under existi
sions of this agreement.
ARTICLE V. This agreement shall taki
Indian Inspector James McLaughlin,:
parties thereto, and when approved b
and ratified by the Congress of the Uni
M3
In witness whereof the said James
of the United States, and the male adul
belonging to the Klamath Agency, Orel
tU
at Klamath Indian Agency, Oregon,
hundred and one.
And one hundred and eighty-eighto0
We, the undersigned, do hereby cert
United States and the Indians of Klan
was thoroughlyexplained by us to said
them before signing.
KLAMATH AGENcy, OREG., June 19,
We, the undersigned, do hereby cert
McLaughlin, U. S. Indian inspector, am
male adult Indians of Klamath Agency
While the matter of the excluded lands was receiving further consideration by the Department of the Interior, it was discovered that an
errorhad been made in describing the boundaries of the reservation,
as set out in the agreement negotiated by United States Indian Inspec-
i
KLAMATH AGENcY,
OREG., June 19,.
AGREEMENT WITH KLAMATH INDIANS.
tor James McLaughlin with the Indians, and submittel to Congress
bv Secretary Hitchcock on December 8, 1900, and this mistake has
been corrected by the agreemient negotiated by the same inspector,
and whic h is submitted to ('ong-rcISs iw Secretary Hitchcock by report
stet out in House )eoc. No. 7 9, of the present session, with the accompanving report the reon by the Coniiiiissioner of Indian Affairs, wherein
he states:
There c an ibe no doubt as to the title of these Indians to their reservation, includsurvey. If al d(loubt ever existed on this point
incr the lands excititledl he eracs aonls
it NVas removeti bv the dlcisioln ot the court referred to bv M\essrs. Mctjaminon and
Belt (87 Fed. Rep., 5:j3), in xxhich the status of the reservation is very fully and
aecuratelv stated.
tn my report of NNovembier 24, 1900, 1 said:
"These Indians have patient>l
waited for more than thirty years for the recognition of their rights to the land given them by treaty stipulation, and a settlement
with them should no lonuer be de.erred.'
This statement I repeat with added emphaais. It is earnestly hoped that this
agreement will be ratified at the coaTing session of Congress, that these Indians may
not be compelled to longer await the pleasure of the Government in fulfilling its
solemn treaty stipulations.
The case referred to, in which the title of the Indians to the lands
within reservation reserved for them in the treaty of 1864 was considered, is that of the California and Oregon Land Comyany v. Rankin
et al., wherein the circuit court of the United States presided over by
Judge Bellinger held as follows:
Particular attention is called to the language of the proviso in the treaty by which
the residence of the Indians therein provided for is to continue until otherwise
directed by the President, and the contention is made that this language shows that
the rights now held by the Indians are not the same rights originally held by them,
but are new rights bottomed on the treaty, and, therefore, subsequent in time to the
road grant. * * * The treaty could not confer a new right unless it conferred
sonmething in addition to what the Indians already possessed. Whatever is within
the r1ights originally held by the Indians has been continuous with them. Equity is
not concerned with the form of the proviso in this case. In its purpose and intent
it is a reservation in its terms; the right of occupancy was not granted to these
Indians. It was withheld by them. Furthermore, I am of the opinion that the
words "until otherwise directed by the President" did not have the effect attributed
to them by the complainant. The treaty provides that Congress may hereafter permit the sale of these lands if the prosperity of the Indians will be thereby advanced.
The relation of the Indians to the United States is shown to be that of dependents.
They submit to the control and guardianship of the Government, and this right of
sale can only be upon a consideration moving to the Indians. There can be no sale
as of a property right in the United States, and the power of sale and the right of the
President to direct a removal of the Indians in pursuance of its policy is manifestly
the exercise of a trust power by the United States. These powers are not the exercise
of proprietary rights by the United States, but the performance of a duty which it
has assumed. The President can only direct the removal of these Indians in their
interest. The right provided for as to this is not a limitation of the right of occupancy theretofore enjoyed by them, but a provision to make effective the authority
to dispose of that right when the United States, acting in their behalf, determines
that it is to their advantage that such interest should be sold.
The treaty by its terms provides for public improvements of a permanent character upon these lands for the erection of sawmills, flouring mills, shops, school and
hospital buildings, and for maintaining them in repair for a period of twenty years;
and it provides for the assignment or allotment of the lands among the Indians as
is now proposed, and for the prevention of which this suit is prosecuted. These proni1ons strengthen the conclusion that the reservation contained in the treaty was of
a substantial and permanent right, coextensive with that theretofore enjoyed by the
Indians. The effect of the construction contended for by the complainant would be
to deprive the Indians of the valuable right reserved to them in the treaty, which
constituted the consideration for the cession of the lands made by them to the Gov-
r
12
AGREEMENT WITH KLAMATH
AGREEMENT WITB
INDIANS.
ernment, and of which the road company is to a large extent the beneficiary. It
would enable the road company to enjoy the benefits in a large measure of the cession made by the Indians and at the same time take from them the benefits which
constituted its inducement. It would defeat in its main scope the object of the
treaty, and would in its results be contrary to justice and right. (Fed. Rep., 533.)
By the agreement the Indians cede to the United States 621,824.28
acres, which, at the valuation fixed therefor by the Commission, and
confirmed by the report of Inspector McLaughlin, 86.36 cents per acre,
amounts to $537,007.20, which is provided for in the bill as follows:
$25,000 to be paid to the Indians in cash pro rata payments, share and
share alike; $350,000 to be deposited to the credit of the Indians in the
Treasury of the United States, to bear interest at 5 per cent per
annum, said interest to be paid to the Indians annually in cash per
capita payments, and 10 per cent of said principal fund to be annually. with consent of the Indians, expended for their benefit, including
reasonable cash per capita payments; and the remainder of said sum
of $537,007.20, after the payment of legal fees of attorneys having
duly approved contracts, to be expended for drainage and irrigation
of the lands within the diminished reservation of the Indians, the purchase of stock cattle for issue to the Indians, and for such other purposes as, in the opinion of the Secretary of the Interior, may be for
their welfare.
The Indians of the KIlamath Reservation. Oreg., receive no rations
or annuities from the GoVernment of the United States; they have no
funds to their credit in the Treasurv of the United States; the+- are
self-supporting, earning their living by stock raising, laboring, etc.;
they have taken allotments of land in beveralty, and the money they
will receive in payment for the ceded lands will enable them to improve
their allotments and otherwise make themselves more comfortable.
Their lands are reported to be more suitable for grazing than for
other uses, and it will be helpful for them to increase their supply of
stock cattle. It is believed. from the reports of their present selfsustaining condition, that they will make good use of the money that
thev will receive under the bill.
The subject-matter and the bill (H. R. 6551) have been carefully
considered by your committee. The payment of the claim has been
recommended and urged by Hon. D. R. Francis, Secretary of the
Interior; Hon. E. A. Hitchcock, Secretary of the Interior; Hon. D.
M. Browning, Commissioner of Indian Affairs, and lion. W. A. Jones,
Commissioner of Indian Affairs, and your committee, concurring in
their recommendation and approving the provisions of the bill, which
was drawn by the Indian Otlice and approved by the Secretary of the
Interior, report it back and recommend its passage.
CONGRESSIONAL DOCUMENTS IN THE
Senate Ex. Doe.
spondence, reports,
bureaus on claim.
Senate Ex. Doe.
papers from records
KLAMATH INDIANS
CLAIM.
No. 129, Fifty-third Congress, second session: Contains correetc., from records of the Department of the Interior and its
No. 62, Fifty-third Congress, third session: Contains copies of
of the Department of the Interior, omitted from Document 129,
W
advanced. The relation of the Indians
dependents. They submit to the contr
this right of sale can only be upon a c(
can be no sale as of a property right in t
the right of the President to direct a ren
is manifestly the exercise of a trust pox
not the exercise of proprietary rights b
a duty which it has assumed. The Pr
Indians in their interest. The right pre
right of occupancy theretofore enjoyed
the authority to dispose of that right M
half, determines that it is to their advar
"The treaty by its terms provides for
ter upon these lands for the erection ol
hospital buildings, and for maintaining
and it provides for the assignment or a
is nIcM proposed. and for the prevention
visIions strengthen the conclusion that t]
a substantial an(l permaneut right, coex
In limns. The effect of the consxtruction
to de prive the Indians of the valuable
constituted the consideration for the ces
ernment, and of which the road comupo
would enable the road company to enj(
sion made bv the Indians and at the s
constituted its inducement. It would
Vreaty, and would in its results be contr
This decision was rendered in May of
It shows conclusively that the Kiamath
thereafter, have held a vested right or t
bounds as reserved to them for their oco
That the Executive entertained the
the treatv and the status of the Indians
citedi is shown by the fact that no Exec
creating the reservation, nor has any or,
of the Interior or subordinate officers of
This disposes of the first question.
With regard to the second: It appe
February 17, 1870, a survey of the outb
the Secretary of the Interior. In maki
to perform the work failed to follow the
treaty as those of the reservatiou. Th
shooed a much smaller reservation t
Interior Department, being misled by th
complained of the mistake at the time t
civil and military, and both made ret
ington. The matter was inves tiurated b
and the reports obtained showed that
founded.
From that time to this it has been cot
bv the Commissioners of the General I
Office that the firstsurvev was an errone(
out any design or intention on the part
deprive the Indians of any part of the
N(o order has been issued by any Presid
official of the Government directing tha
ished. Had such an order been issue
compensation to them, it would have I
States assumed when it made the treaty
perform.
By the present claim the Klamath In
form its truqt by giving thenm reasonabl
the United States. guaranteed to reserve
mistake which it is seeking to correct, i
The office of the Commissioner of In
unintentional diminution of the area of
our survey of its boundaries constitute(
AGREEMENT WITH KLAMATH INDIANS.
13
with a report by the General Land Office, estimating area of land erroneously
excluded from the treaty reservation.
Senate Doe. No. 131, Fifty-fourth Congress, first session: Contains brief of the
attorney s for the Indians, setting out the principal documents of the case, and the
merits oic laim.
Senate Doe. No. 93, Fifty-fourth Congress, second session: Contains report of the
CoemnisSion appointed by the President under act of June 10, 1896 (29 Stat., 321), to
invXe-tigate <claim.
Senate Report No. 420, Fifty-fifth Congress, second session: Report by Senate
Indian Committee recommending an appropriation to pay the claim as reported by
tin Secretary of Interior.
liouse Ijoc. No. 156, Fifty-sixth Congress, second session: Contains agreement
negotiated by Inspector McConnell; also the agreemant negotiated by inspector
McLaughlin, with reports by Commissioner of Indian Affairss and Secretary of
Interior thereon.
House Doc. No. 79, Fifty-seventh Congress, first session: Contains corrected agreement negotiated by Inspector McLaughlin.
[Eouse Document No. 79, Fifty-seventh Congress, first session.]
SIR: I have the honor to transmit herewith a copy of a report of
the 2d instant from the Commissioner of Indian Affairs, and accompanying copy of an agreement dated June 17, 1901, entered into by
United States Indian Inspector James McLaughlin on the part of the
United States with the Indians of the Klamath Agency, Oreg., for
the relinquishment of a portion of their reservation under the provisions of the act of July 1, 1898 (30 Stat., 592), which authorized the
Secretary of the Interior to negotiate with them for all their rights
and interest in and to any part of their reservation, together with a
draft of a bill to ratifv the same.
This new agreement was made necessary from the fact that article 1
of an agreement made October 29, 1900, presented to the Congr:ess,
December 8, 1900 (House Doe. No. 156, Fiftv-sixth Congress, second
session), was erroneous in that it recited the survev of 1871 instead of
the survey approved in 1858, which would reestablish the survey of
1871 and restore to settlement lands within the boundaries of the existing reservation then covered by approved Indian allotments.
By the new agreement the Indians cede and convev to the United
States all claim, right, title, and interest in and to all that part of the
Kiamath Reservation lyino between the boundaries described in the
treaty of 1864 and the lines as established by the survey approved in
1688 by the General Land Office, the tract so ceded comprising 621,824
aeres.
This agreement is presented with the request that it be substituted
for the one transmitted December 8, 1900, and I have the honor to
recommend that it receive favorable action by the Congress.
Very respectfully,
E. A. HITcHCocK,
Tec1etary.
The SPEAKER OF TIlE HIOUSE OF REPRmESENTATIVES.
14
AGREEMENT WITR KLAMATH
INDIANS.
DEPARTMENT OF THE INTERIOR,
OFFICE OF INS)IAN AFFAIRS,
II ashw/2qton, IDecem ber C, 1901.
SIR: Under date of November 24, 1900, this office made report to
the Department upon the report of Inspector James McLaughlin,
dated October 29, 1900, transmitting an agreement entered into by
him. on the part of the United States, with the Indians of the Klamath
Agency in Oregon, for the relinquishment of all their rights and interest in and to any part of their reservation, as provided by the Indian
appropriation act approved July 1, 1898 (30 Stats., 571).
With said report and agreement there was transmitted the draft of
a bill to ratify the said agreement.
December 8, 1900, you transmitted the papers to the Speaker of the
House of Representatives with request for early and favorable consideration (House Doe. No. 156, Fifty-sixth Congress, second session).
January 18, 1901, said bill, with a proviso relating to indemnity
school land selections, was introduced in the House of Representatives
by Hon. Thomas H. Tongue (H. R. 13665, Fifty-sixth Congress, second session).
February 12, 1901, you referred to this office for examination and
report a communication from AMessrs. McICamrnon and Belt, attorneys
for the Indians, dated Feibruary 11, 1901, submitting certain data relative to the said agreement; aiid on February 13, 19X01, a communication from the Commissioner of the General Land Office of that date.
Each of these communications called attention to an error in article
1 of the agreement as incorporated in H. R. 13665.
By that article the Klamath and other Indians ceded to the United
StatesAll their claim, right, title, and interest in and to all that part of the Klamath
Indian Reservation lying between the boundaries described in the treaty with said
Indians concluded October fourteenth, eighteen hundred and sixty-four, and proclaimed February seventeenth, eighteen hundred and seventy, as confirmed by the
Klamath boundary commission in their report to the Secretary of the Interior
dated December eighteenth, eighteen hundred and ninety-six and the reservation
boundary lines as established by the survey made in eighteen hundred and seventyone under the authority of the General Land Office, the tract hereby ceded and
relinquished comprising six hundred and twenty-one thousand eight hundred and
twenty-four acres.
The Commissioner of the General Land Office stated that the land
referred to by the Klamath Indians in their treaty of cession of October
14, 1864 (16 Stats., 707), was surveyed by George Mercer, which survey was approved November 21, 1871, being the survey mentioned in
the above agreement with the Indians; that the Mercer survey, according to the claims made by the Indians, did not conform to the natural
boundaries set forth in the treaty, and deprived them of large areas
on the south, north, and east, wherefore the Indian Office on Augrust
3, 1887, recommended the resurvey which was executed by William
Thiel and accepted February 1, 1888; that the boundaries of the survey of 1888 followed the boundary of the survey of 1871 on the west
along the shore of Klamath Lake and Wood River, but north of that
ran farther west and extended north 2 miles farther; and that the east
boundary lines of both surveys were coincident, but the south line of
the survey of 1871 ran west in a straight line between townships 36
and 37 south, whereas the survey of 1888 followed the ridge of mountains and embraced lands in four townships not embraced in the survey
of 1871.
AGREEMENT WITE
No..
51
52
53
54
55
56
57
58
59
60
61
62
63
64
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
83
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
Name.
Marks
Johnnie Godowa .
.........
x
Jim joste .
....................
X
Tomn Cl(awktoot .
.........
x
Blind Willmi] ...
x
Blitt
[i, hael (Elehanks) .
x
o6i.
, iat .
.
.
x
Cli- BrDown .................. ........
Colev BIl.
................
.
X
Ike Jal,6i...
..
X
Grmit
i tbth .................
.....
Arthtur ( he5 ter ...............
....
Ge, hModo.
Albert Clfloqtioll .............
.
....
Wittgots Duilffy ...............
.
Johni
.................
X
PIt Rver Orgo ..............
x
X
Henry Jaeksk-ot- .
...........
x
Anderson asithiill.
Ie Tavlo
..
x
Mike Weeks
..
x
D)on
bcin......
.
x
Long John
.
............
x
Charley Preston .............
x
Jim Jack-son .....
.......
x
Alexa nder ...
.......
.......
x
Williairm Cowen ..............
........
Bob Hook
..
x
Herbert NeSol ...............
....
Bob Allen David
.
.
x
Wise Johusos .
................
x
Stonewall Jack~on .
...........
x
Ruben H. White .............
........
Ab Captain
.
.
x
Kay Davis .
.........
........
Andrew Jackson
..
x
Jim Copperfield
.
.
xI
Dr. John
...................... x
Modoe Jim (Colebacks) ..
x
Albert Jackson .......
x
X.......
Abraham Charley .............
........
Willie David ..................
........
R. W. Hood ....................
........
Jake Ivory
.
...........
x
Henry Ivory ................
Rube Walker ............
x
Johnnie George .
...........
x
Mose Dr. John ...........
x
Long Wilson ......
x
Thomas Jefferson ...........
x
Jim Dawas .
...........
x
Rev. Jesse Kirk ...............
........
Henry Jackson .
...............
x
Harrison Brown ..............
x
Peter M. Sconchin ............
........
Joseph Kirk ................
........
Robert Wilson ................
........
Levi Walker ...............
........
Henrv Wilson .................
........
Samtuel Walker ...............
........
John Little John
.
.
x
Pellicanman ........... .
x
Pat Kane
...................... x
Alle Tecumseh
.
.
x
John Smiley .
............
.
x
Long Jim ......
.
.
x
Erank Choke .................
x
Charley Stokes...............
.
Short Bob .
x...............
Dennis Crawley.
x
31ark llobinson .x
Dick Brown .........
.
x
Harvey Wilson ................
I
Eritast George .......
... ......
Modoc Billy.
x
Modoc Henry
.
..........
xt
Burnside Conny ..............
x
Joe Weeks ....................
x
James Le Lu ..................
x
Ed. Walker ...................
.......
Eli George ....................
........
Guy Sconchin .................
.......
Harvey Drew ..............
.......
Vse George ..
... ........
McClellan Williams ...........
......
Agency George................
Ag
:
I
AGREEMENT WITH KLA4ATH INDIANS.
The Commuissioner of the General Land Office further stated that all
the lands within the boundar-ies of the survev of 1888 had been treated
as reserved Indian lands and allotincuts made to the Indians in accor(dance therewith, including the land;s between the boundaries of the survevs of 1871 and 1888, and that it wvas evident that these two survey's
had unwittingly been confounded in the ne(otiation of the aircement,
with the Indians by which thev ceded all the lands between the boundaries established by the coniltission (survey of 1900) and the botundaries fixed by the survey of Vb71.
This was manifest. he stated, first, from the fact that the act providing for the appointment of the commission (Julne 10, 1896, 29
Stats., 342) authorized it to ascertain the munhber of acres that had
been excluded from the treat\- reservation by the erroueous sul-vey of
its boundaries as then existino, and, secor01l, the area of the land
excluded was complutc(l on the basis of the surveys of 1S88 and not the
survey of 1871, as was shown by the plat of survev of 1900.
He remarked that the passage of the bill (11. R. 136(i 5) in its then
shape would reestablish the survev of 1871 and restore to Settlement the
lands within the boundaries of the existing reservation then covered by
approved Indiaii allotments, and would doubtless be the cause of dissension between the settlers and Indians, for which reason he suggested
that the bill he resubmitted to this office for further consideration.
May 10, 1901, this office made relport upon the above communication
of the Commissioner of the General Land Office, stating that the Commissioner was undoubtedly correct in his supposition that the surveys
of 1871 and 1888 had been confounded in the negotiations.
The opinion was expressed that this probably arose from the fact
that it was supposed, both in this office and by Inspector McLaug-hlin,
that the Thiel survey did not embrace in the reservation any lands not
included in it by the survey of 1871.
The opinion was expressed that a new agreement should be concluded
with the Indians and substituted for that which had been pending
before Congress. It was suggested that the only change that seemed
to be necessary was to strike out in article 1 the words "made in
1871 under the authority of," and insert the words " approved in 1888
by," in lieu thereof.
A copy of the agreement concluded by Inspector McLaughlin October 24, 1900, with the change in article 1, above suggested, was submitted to the Department with recommendation that he be instructed
to proceed to the Klamath Agency and lay the same before a full
council of the Indians, explaining the necessity for a new agreement,
and having the same properly executed by a sufficient number of the
male adults of the tribe.
June 19, 1901, Inspector McLaughlin transmitted to the Department a new agreement entered into by him, on the part of the United
States, with the Indians of the Klamath Agency, by which the said
Indians cede, surrender, grant, and convey to the United States all
claim, right, title, and interest in and to all that part of the Klamath
Reservation lying between the boundaries described in the treaty of
1864 and the reservation boundary lines as established by the survey
approved in 1888 by the General Land Office, the tract of land so
ceded comprising 621,824 acres.
July 2, 1901, the Department referred the report of inspector, with
the new agreement, to this office "for consideration of the recommendation of the inspector and prompt report of action taken thereon."
I
16
AGREEMENT
WITH KIAMATH
INDIANS.
The agreement is identical with that heretofore submitted to Congress and included in H. IR. bill 16666, with the exception of the date
of survey in article 1, in which the words " approved in 1888 by " have
been substituted for the words "'made in 1871 under the author~ity of."
I have prepared duplicate copies of the new atgreement and the
report of Inspector iMcLaughlin, and also two copies of a bill to ratify
the ag-reemient, in which the proviso added by Mr. Tongue has been
retrained, and have the honor to recommend that they be transmitted
to both Houses of Congress, with request for early and favorable
consideration.
The contention regardino, the boundary lines of the Klamath Reservation is fully set out in R. It. Doc. No. 156, Fifty-sixth Coigress,
second session, and the documents therein referred to.I
There are also transmitted two copies of a brief in support of the
contention of the Indians, filed in this office July 17 ,1901, by their
attorneys, Messrs. MeCammnon and Belt.
There can be no doubt as to the title of these Indians to their reservation, including the lands excluded by erroneous surveys. If any
douht ever existed on this point it was removed by the decision of the
court referred to by Mlessrs. MceCaminon and Belt (87 Fed. Rep.. 533),
in which the status of the reservation is very fully and accurately
stated.
In my report of -November 24, 1900, 1 saidThese Indians have patiently waited for more than thirty years for the recognition
of their rights to the lands given them by treaty stipulation, and a settlement with
theni should no longer be deferred.
This stateenet 1lrepeat with addeteiemphasis. It is earnestly hoped
that this agreement will be ratified at the comning session of Cnongress,
that these Indians may not be compelled to longer1 await the pleasure
of the Governmnent in fulfilling its solemin treaty- stipulations.
Very respectfully, your obedient servant.
The SECRiETARY OF
W. A.
JONES, (ojtmnt-p,swiner.
TilEi INTER10Oa.
KLAIMATIT AG ENCY, OREG., Jvn~e 19. 190-1.
Sin: I have the, honor to transmnit, herewith ain w-vemnent, dated the
17th instant, entered into by n.
me onl the p~art of the United States,
with the, Indians of Kininatim A-'encv. Oreg., bv which the said Indians
cede, surrender., grant, anal c n o to thle UnTited Staites all1 claim,
right, title, and interest in land to the land e~xctuded ftromn thm ir reservation by the erronneous stiryey of I 8-tl, the nnt'irotiationls Twillo aut~lorized by a prov1i'sion in the Indian ilippropriiatioln act appl-ovedl .1 ly 1,
1898, and conduicted by ne tinder D~epartmlenlt instrulctions of tile
s
ultinio, the samne being necessary to correct an error in article 1 of the
agreemient conelmided with said Indians on October 24, 1900.
The error referred to occurred from having: confounded the surveys
of 1871 and 1888 in describing the boundary limes, which read"a
established by the survey made in 1871 under the authority of the
General Land Office," instead of "as established by the survey
approved in 1888 by the General Land Office," which latter description is correct, and is thus shown in the new agreement transmitted
herewith.
The draft of this new agreement, containing the necessary corrections in article 1, was prepared by the Commissioner of Indian Affairs,
AGREEMENT
AREETWT
WITH
all except the date of execution,
been duly executed by more tha
he longing to the agency, but not
opposition, evidently prearrange(
influential Indian of the reservati
that the clause providing for irrig
also the clause providing for the
neys having, duly approved contra
would not concede any modificatih
or punctuation mark in the agre(
sioner of Indian Affairs, and it wa
of the Indians signing the agreen
that I was going to succeed in obt
natures he ,to~etber with his folloN
the agreement, he signing the sev
as one of the two interpreters.
The opposition of said Rev. Je~
that he visited Washington last w!
during which time he learned th
made by Congress for general irri
tions, and that the Klamath Indiai
tion all the mioney necessary for ii
ing for such in this aogreenient, ant
was for a period of eight years, ai
tiously desired to exclude the cia
he was told while in Washington 1
for the Klaniaths to employvan att,
to be favorably acted upon withiot
the matter is not taken by all of tl
selves as dcsirino, good faith onl the
their attorneys as providetd in th
in concluding to traninit a peti
matter.
In conclusion I desire to state i
29., 190u submitted at very fu-ll rep
Sion. I dt m it unnnnmce-~~etlto 'o o
respectfully invite atten tion t-o s,
upon th le new *igreclilent.
ann, ,ir
The
Src~rETAm`
verv [cA1)cctftully,
OF TiHE INTETI
This agreemnent, mnade and enteredl into on
dred and one,, tbv and betveenl James i
part of the United Stat-s. and the Klan
of naeIndians, belungin- to the Klan
ARTICLE 1. The said Kiamath and o
Agency, Oregon, for the consideration hergrant, and convey to the United States all
to all that part of the Klamath Indian
described in the treaty with said Indian
hundred and sixty-foi).ir. and p~rocla~im~ed
and seventy, as confirmed by the Klianat
H1. Rep. 969-2
AMATH INDIA^NS.
iat heretofore submitted to Con.
;, with the exception of the date
rds " approved in 1888 by" have
in 1871 under the authoritv of."
of the new agreement antd the
lso two copies of a bill to ratifv
added by Mr. Tongue has been
mmend that they be transmitted
equest for early and favorable
larv lines of the Klamath ReserNo. 156, Fifty-sixth Congress,
brein referred to.
*ies of a brief in support of the
is office July 17, 1901, by their
elt.
e of these Indians to their reserby erroneous surveys. If any
3 removed bv the decision of the
ion and Belt (87 Fed. Rep.. 533),
on is very fully and accurately
) I saidthan thirty vears for the recognition
'eaty stipulation, and a settlement with
)re
emphasis. It is earnestly hoped
the coming session of Conoress
110ed to lonoer await the pleasure
lemn treaty stipulations.
nt servant,
AV. A. JoNES,
Unwmuewnr.
iGtENCY, OREG., Jffl?.e 19. 1901.
erewith an a-reemnent, dated the
the part of the United States,
Oreg., bv which the said Indians
to the Vnited States all claim,
land excluded fromn their reser't, the nlle'otiations being authorropilation act approved J uly 1,
partmnent instructions of the 21st
mrrect an error in article 1 of the
is on October 24, 1900.
i havingi confounded the surveys
boundary lines, which read "as
8871 under the authority of the
" as established by the survey
ad Office," which latter descripthe new agreement transmitted
containing the necessary correc>Commissioner of Indian Affairs,
17
AGREEMENT WITH KLAMATH INDIANS.
all except the date of execution, which was inserted by me, and has
been duly executed by more than the necessary number of Indians
belonging to the agency, but not without having to overcome strong
opposition, evidently prearranged and determinedly led by the most
influential Indian of the reservation, Rev. Jesse Kirk, who demanded
that the clause providing for irrigation of their lands be stricken out,
also the clause providing for the payment of the legal fees of attorneys having duly approved contracts. I, however, remained firm and
would not concede any modification or change of a single word, letter,
or punctuation mark in the agreement as prepared by the Commissioner of Indian Affairs, and it was thus concluded by a large majority
of the Indians signing the agreement. When Rev. Jesse Kirk found
that I was going to succeed in obtaining the required number of signatures he, together with his followers, finally came forward and signed
the agreement, be signing the seventy-first person, and he also signed
as one of the two interpreters.
The opposition of said Rev. Jesse Kirk -was influenced by the fact
that be visited Washington last winter, remlaining there some months,
during which time he learned that large appropriations were being
made by Congress for general irrigation purposes on Indian reservations, and that the Klamath Indians could have from such appropriation all the money necessary for irrigating their lands without providing for such in this agreemnent: and as the contract with their attorneys
was for a period of eight years, and expires on July 21, 1'901, he captiously desired to exclude the clause protecting them. Ile said that
he was told while in Washington last winter that it was not necessary
for the KIlanaths to employ an attorney in this claim, as it was certain
to he favorably acted upon without such assistance: but this view of
the matter is not taken by all of the Indians, as many expressed themselves as desiring good faith on the part of the Indians in compensating
their attorneys as provided in the contract. They united, however,
in concluding to transmit a petition to you with reference to the
matter.
In conclusion I desire to state that having, under (late of October
29, 1900, submitted a very fnll report on the lands involved in this cession, I deelm it uinneceesary to go over the samne grounds, and therefore
respectfully invite attention to said report as hal in direct bearing
upon this new agreellient.
1 am, sir, very- e.>peCtfUlly. your olbedient servant,
JAMIES i1ClAIC
lUnitedi Ž/ttuf
The SECRETA1RY
,
In difan JIupector.
OF TIHE INTERTYOR,
This arreelnent, nade and entered into on the seventeenth day of June, nineteen hundred aid cne, lv and beletwee(
Jamles Nclaunghlin, IT. S. Indian iiipector, on the
part of the United States, and the lilaniath and -Alodoetribes and Yahooskin band
of Snake Indians, belonging to the Kilanath Indian Agency, in the State of Oregon,
wit]es~-etl1:
ARTICLE I. The said Klamath and other Indians heion-ing to the Klamath
Agency, Oregon. for the consideration hereinafter named, do hereby cede. surrender,
grant, and convey to the United States all their claim, right, title, and interest in and
to all that part of the Klamath Indian Reservation lying between the boundaries
described in the treaty with said Indians concluded October fourteenth, eighteen
hundred and sixtv-four, and proclaimed February seventeenth, eighteen hundred
and seventy, as confirmed by the Kilamath Boundary Commission in their report to
H. Rep. 969
2
-
-
18
-
AGREEMENT
WITH KELAMATH INDIANS.
AGR3EE--IENT WIT
the Secretary of the Interior, dated Decernder el;bteeiitli, eighteen hundred and
ninetv-six, and the reservation boinllarv lines as e tablislhed by the survey approved
in 1885 by the General Land Office, the tract of land hereby ceded and relinquished
comprising six hundred and twenty-one thousandt eight hundred and twenty-fon
acres.
ART. II. In consideration of the land ceded. relinquished, and conveyed by Article
I of this agreement, and in fill of all claims and demands of said Klamath and other
Indians arising or growing out of the erroneous survey of the outboundaries of their
reservation in eighteen hundred and seventy-one, the United States -tipolates anli
agrees to pay to and expend for said Indians, in the manner hereinafter provided,
the snm of five hundred and thirty-seven thousand and seven dollars and twenty
cents ($537, 007. 20), being at the rate of eighty-six and i,`t (.86 1%e0)
cents per acre;
the price awarded for said lands by the Klamath boundary commissioners in their
report to the Secretary of the Interior, dated Deemlber eighteenth, eighteen hundred
and ninetv-six.
ART. III. It is agreed that of the amount to be paid to the said Klamath and other
Indians, as stipulated in Article II of this agreemient, the stui of twenty-five thousand dollars shall be paid in cash pro rata, share and share alike, to each man,
woman, and child belonging to said Klamath and other trilbes, and under the jurisdiction of the Klamuath Indian Agency, within one hundred and fifty days from and
after the date of the ratification of this agreement., and the suns of three hundred
and fifty thousand dollars shall be deposited in the Trea.,urv of the United States to
the credit of said Indians, and shall draw interest at the rate of five per centum per
annuin, which inte! est shall be paid to said Indians annuially per capita in cash, and
that the remainder of said sum of five hundred and thirtv-seven thousand and seven
dollars and tenutv cents, after the paynment of the legal fees of attorneys having
duly approved ce(lintacts, shall be expended for the benefit of said Indians, under
the direetion Hl the Secretary of the Interior, upon requisition of the Indians through
the United Slates Indian agent, in the drainage and irrigation of their lands, and the
purchase of stock cattle for issue to said Inslians, and for such other purposes as may,
in his opinion, best promote their welfare: Proidded, That beneficiaries whose allotments will not be benefited by the irrigation systems constructed under this provision, shall not bear any of the expense of such irrigation construction, and shall, as
nearly as practicable, receive an equivalent in value of the stock cattle or other
articles herein contemnliated, that each beneficiary may thus receive his or her proportionate share of the benefits of this provision: -And provided further, That in
addition to the interest on the fund deposited in the l'. S. Treasury, the Secretary
of the Interior may, in his discretion, expend for the benefit of said Indians, including reasonable cash payments per capita, not to exceed ten per centum per annum
of the principal fund, upon a majority of the male adult Inlians of Klamath Agency
petitioning for same through the Commissioner of Indian Affairs.
ART. IV. It is understood that nothing in this agreement shall be construed to
deprive the said Kilamath and other Indians of the Klamath Agency of any benefits
to which they are entitled under existing treaties not inconsistent with the provisions of this agreement.
ART. V. This agreement shall take effect and be in force when signed by U. S.
Indian Inspector James McLaughlin and by a majority of the male adult Indians,
parties thereto, and when approved by the Secretary of the Interior and accepted
and ratified by the Congress of the United States.
In witness whereof the said James McLaughlin, U. S. Indian inspector, on the
part of the United States, and the male adults of the Klamath and other tribes of
Indians belonging to the Klamath Agency, Oregon, have hereunto set their hands
and seals at Klamath Indian Agency, Oregon, this seventeenth day of June, A. D.
nineteen hundred and one.
JAMES McLAt'GHLIN,
United States Indtan Inspector.
No.
Name.
l
....
1 Charley Pitt .........
2 John Morga .....
.
3 Dennis O'Tool .
84 William Crams ford ........ ....
35 William Pedro.
36 Henry Weeks.
37 Clyde Pitt .....
88 Robert David.................
..
89 Eugene Isaacs .
to Gordon Miller ......................
Marks. IAge.
No.
l-
X
F..... x
x
x
...
x
x
.....
...
.......
Name.
Marks. Age
-
l-
55
42
45
42
48,
22
24
32
25
41
12
43
44
45
46
47
4S
49
OI
Jim Willis.
Henry Blowe.........
'
Harry Jackson.
Toam Blowe ..
.........
n VitidP ipikskus .............
Auleulavid ..................
Joe Baker ........
,
.
Charles Morgan ................
Joseph Godowa .............
Bob Godowva .................. I
29
x
x
x
x
x
77
21
72
50
74
84
30
41
46
The Commissioner of the Celt
the lands within the bottndtrties
as resetved Indian lands and all(
ance therewvith, including the hIt
veys of 1871 and 188S, and that
had unwittinozlv been confounde
with the Indiana. b\ wlichi tbivty
aries established biv the conlinis
ries fixed by the stirvey of 17 1.
This was nutnifest. lie stated,
vidino for the appointiitenlt of
Stats., 342) authorized it to ase
been excluded froto the treats r
its boundaries as thena existini
excluded was (computed on the i
survey of 1871, as was shown bl
[He rematked that the passap
shape would reestablish the surv
lands within the boandaries of ti
approved Inditan allotments, anti
sion between the settlers and It
that the bill be resubmitted to tI
Mlav 10, 1901, this office mafle
of the Commissioner of the Gent
missioner was undoubtedil eorr
of 1871 and 1888 had been counf
The opinion was expressed t
that it was supposed, both in thi
that the Thiel survey did not etn
included in it by the survey of I
The opinion was expressed thel
with the Indians and substitut
before Congress. It was sugge
to be necessary was to strike
1871 under the authority of," ar
by," in lieu thereof.
A copy of the agreement con
ber 24, 1900, with the change ii
mitted to the Department with
to proceed to the Klamath Ag
council of the Indians, explaini
and having the same properly e
male adults of the tribe.
June 19, 1901, Inspector Me
ment a new agreement entered 1
States, with the Indians of the
Indians cede, surrender, grant,
claim, right, title, and interest i
Reservation lying between the
1864 and the reservation bount
approved in 1888 by the Gene
ceded comprising 621,824 acres.
July 2, 1901, the Department
the new agreement, to this off
inendation of the inspector and I
a
LAMATH
INDIANS.
NT OF THE INTERIOR,
'FICE OF INDIAN AFFAIRS,
Tn f'tOn, Decee6mber 2, 1901.
1900. this office miade report to
f Inspector James McLatuohlin,
anl aereement entered into by
with the Indians of the Kilamath
rnent of all their rights and inter'ation, as provided by the Indian
398 (30 Stats., 571).
here was transmitted the draft of
the papers to the Speaker of the
est for early and favorable conc-sixth Congress, second session).
s proviso relating to indemnity
I in the House of Representatives
[3665, Fifty-sixth Congress, seeo this office for examination and
. McCammon and Belt, attorneys
[901, submitting certain data relFebruary 13, 191)1, a communicaIeneral Land Office of that date.
Žd attention to an error in article
H. R. 13665.
other Indians ceded to the United
in and to all that part of the Klamath
daries described in the treaty with said
teen hundred and sixty-four, and prodred and seventy, as confirmed by the
sport to the Secretary of the Interior
ed and ninety-six and the reservation
made in eighteen hundred and seventymndOffice, the tract hereby ceded and
enty-one thousand eight hundred and
Land Office stated that the land
their treatv of cession of October
d by George Mercer, which surL,being the survey mentioned in
that the Mercer survey, accords, did not conform to the natural
nd deprived them of large areas
fore the Indian Office on Aucrust
which was executed by William
that the boundaries of the surthe survev of 1871 on the west
I Wood River, but north of that
Imiles farther; and that the east
coincident, but the south line of
tight line between townships 36
.888 followed the ridge of mounships not embraced in the survey
AGREEMENT
No.
Name.
51
52
53
54
55
56
57
58
59
60
61
62
63
64
4
5
6
7
8
9
Johnnie Godowa ..
.....
Jim Foster .
............
Tom Choecktoot......
Blind
tViliftin .
Blitd
i
hhael (Elchaniks)
(lh -iij Pat.
..
Chia- Browvn ........
.
Coley Bali ....
...
Ike Jaekon ..................
Grant South.
Arthur (heter .......
Geo. Meoo .........
Albert Chiloqiin ..
.
Watson DInffyi................
Jothn Nelson ..
.........
10
Dain Sconchin .................
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
Plit River George.............
Henry Jaek..on........
Atid erson Faithful ..
Ike Taylor.
Mike Weeks.
Long John .
.........
Charley Preston .....
Jim Jackson ..
.........
Alexander ..
.
......
Willtani Cowell ..
....
Bob Hook ..........
Herbert Nelson .
........
Bob Allen Dtvid ........
Wise Johnsot .
.........
Stonewall Jackson...........
Ruben H. White ..
......
Ab Captain ....
............
Kay Davis ..................
Andrew Jackson.............
Jim Copperfeld d.............
Dr.John .
.................
Modoc Jim (Colebacks).......
Albert Jackson ...............
Abraham Charley............
Willie David .................
R. W. Hood....................
Jake Ivory...................
Henry Ivory .................
Rube Walker .................
Johnme George..............
Mose Dr. John ................
Long Wilson ................
Thomas Jcfferson .............
Jim Dawas.
Rev. Jesse Kirk...............
Henry Jackson..............
Harrison Brown .........
Peter M Sconchin ........
Joseph Kirk ..................
Robert Wilson ................
Levi Walker ..................
Henry Wilson .................
Samuel Walker ...............
80
John Little John.............
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
Pellicanman .
.............
Pat Kane ...................
Alle Tecnmseh ..........
John Smiley ..
Long Jnm ....
Erank Choke.
Charley Stokes.
Short Bob. ....
Dennis Crswley..
Mark Robinson ............
Dick Broswn .................
Harvev Wilson...............
Ernfast George ..............
Modoc Billy ..........
Modoc Henry ............
Burnside Conny ..............
Joe Weeks ...
James Le Lu................
Ed. Walker ..
Eli George ....
Guy Sconchin.
............
Harvey Drew ..............
Vse George .
.............
McClellan Williams .......
Agency George...............
WITH
Marks. Age.
I
I
I
I
I
I
I
I.
I
I
I
I
I
x
x
I
I
I
x
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
47
41
cil
61
'.2
83
24
51
41
3,
29
20
25
28
52
(2
62
31
46
47
50
73
74
51
82
41
57
28
53
25
47
31
37
31
57
54
82
61
47
34
22
43
44
19
52
36
43
57
50
52
45
82
39
49
43
33
29
37
41
63
57
47
52
72
52
47
52
53
41
72
52
51
28
49
67
45
52
22
21
22
21
18
34
19
72
19
KLAMfATH INDIANS.
No.
Name.
106
107
IoN
1 (111
119
Toto Merritt
..................
rllmrtio tour)Its cid..............ix
112
113
114
112
x
SIrr
la
11)1 ..........
......
iii uu'lev Buouvsit .I........
Jutk
bxwu .
...
Jeluiti
J(~s)IIIa Pitt ..........
c.......
......
Ji 'i itc it ...
Sil
'18
117
118
1216
119
126
121
122
123
124
125
132
127
128
129
130
131
132
139
134
135
136
137
138
119
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
Marks. IAge.
l Isaacs
8
..............
x
x.
x
,.......... X
Tom Sk 1lock.
x
Frntuk John ..................
Ch ntrle X luhite ...
: :.
Joli
Wesley ........-....... x
J iii 1jart
... .. ......... .....
Brii k atmes
..............
....
Jot
...................
Ciifl
fi tJlackbsonl
(.........
0Challe\ Cowvell ...............
x
x
x
x
lke Al,)e..
..........
.
x
Johln Lee Bull .........
x
William Jonah ..
........
......
Tomiiiy Tecotasch ............
x
Frank L.vynch .............
x
James
N'too
.
Jaesnoeo
Hugh Johnson .
.
........
Jotlii Dtnvall ................
........
Morris Latches ...
....
......
ohtepb Brown ................
.....
Elier Hill .......
Jasen Howard ....
.
x
Garfield Jack .
...
.......
Shl kespeare Hicks.
..
.......
William Ball ..............
......
Solomon Lalakes .
...
x
William Barkley .
Old Man Kane.
x
Frank House .................
.......
Ben John .....................
x
William Moore .-------------- -------Finley Wilson ................
........
Homer Whyhilitate ...........
........
Alex. Wilson ..........
x
Lionheart .........
x
Andy White .........
x
George Duvall ................
.
Joe Nimrod .........
x
John Snipes .........
x
Edward Ball........
........
Fred Phillips ..
......
.......
Jack Palmer ................
........
Henrv Hoover ................ ........
Victor Nelson
.----------------.--......
William Kolkomish ...........
........
Virgil Wilson ................
........
George Beale ................
........
Hiram Villard ................
........
Aritone Merritt ...............
x
Charles Faithfull .............
x
Earl Faithful ......
......
.......
Yohooskin John ............
x
John George ...................
.......
Smoke George (Smith) .......
x
Billy Turner (Jackson) .......
x
John Hutchinson .............
........
Ross Beale ....................
........
Oscar Miller
...............
.......
x
173 Sink River Bill . ..............
Moses (No not potk) ..........
x
Slim Charlie .................
x
James Hutchison .............
x
Elner Lynch .................
........
........
182 David Chocktoot ..............
........
178 Ben Butler .................
........
......
179 Lincoln Butler ..
x
180 Tim Brown ...................
Peter Phillips .................
x
..................
x
183 John Jones .
Blaine Ben (John) ............
........
.................
x
184 Bright James
........
185 Byron Latches ................
........
x
186 William Faithful .....
..
x
I......
187 Archie Villard .
.........
x
188 Moses Chiloquin .....
........
189 Abel Walker ..................
........
190 James Johnson ................
_
193 Prim. Weeks .........
~...............
-
20
AGREEMENT
WITH KLAMATH
INDIANS.
AGREEMENT WITI
We, the undersigned, do hereby certify that the foregoing agreement between the
United States and the Indians of Klamath Agency, Oreg., dated June 17, 1901, was
thoroughly explained by us to said Indians, and that it was fully understood by
them before signing.
Rev. JESSE KIRK, Interpreter.
RUBEN H. WHITE, Interpreter.
KLAMATH AGENCY, OREG., June 19, 1901.
with a report by the General Land
excluded from the treaty reservation.
Senate Doe. No. 131, Fifty-fourth
C0
attorneys for the Indians, setting out tl
merits o0 claimi.
Senate Doe. No. 93, Fiftv-fourth Cong
Conuni.sion appointed by the President
investigate claim.
We, the undersigned, do hereby certify that we witnessed the signatures of James
McLaughlin, United States Indian inspector, and of the one hundred and ninety-one
(191) male adult Indians of Klamath Agency, Oreg., to the foregoing agreement.
ROBERT C. SPINK, School Clerk.
GEO. W. LOOSLEY, Stockman.
KLAMATH AGENCY, OREG., June 19, 1901.
Senate Report No. 420, Fifty-fifth (
Indian Committee recommending an ap
the Secretary of Interior.
louse Hoc. No. 156, Fifty-sixth Coi
negotiated by Inspector McConnell; a]
McLaughlin, with reports by Commit
Interior thereon.
house Doe. No. 79, Fifty-seventh Cong
ment negotiated by Inspector McLaughl
I hereby certify that the total number of male adult Indians over 18 years of age,
belonging to the Klamath Agency, Oreg., is 296, of whom 191 have signed the
foregoing agreement.
G. C. APPLEGATE,
United States Indian Agent
KLAMATH AGENCY, OREG., June 19, 1901.
DEPARTMENT OF THE INTERIOR, December 7, 1901.
Approved.
E. A. HITCHCOCK, Secretary.
WASrINGTON, D.C., July 17, 1901.
SIR: On January 4, 1901, counsel representing the Indians of the Klamath Agency,
Oreg., discussed the claim of these Indians before the Comnnittee on Indian Affairs
of the United States Senate. At this meeting a full presentation of the claim was
made, as set forth in House Doc. No. 156, Fifty-sixth Congress, second session.
Only two questions appeared to present any difficulty. In order that there should
be a record in your department of the position taken by counsel for the Indians with
regard to these questions, we beg leave to submit to you the argument used by us
before the Senate committee, in the first place stating what the points are:
Some membeis of the committee appeared to entertain a doubt as to whether the
reservation occupied by the Klamath Indians was held by them under a treaty which
gave them the right and title thereto usually conveyed by such treaties, or whether
they occupied the land under an Executive order, without title or right, and subject
to removal from a part or the whole of it at the will of the Executive or of Congress
and without the consent of the Indians. There was raised likewise some question as
to whether the diminishing of the area of the reservation through an erroneous survey of it mnade by the United States in 1871 was an act of the Executive lawfully
done under the terms of the treaty.
The title or right of the Indians to this reservation has been under consideration
bh a circuit court of the United States, and a full and complete answver to the first
quemtion will be found in its opinion, rendered by Judge Bellinger in the case of California and Oregon Land Company v. Rankin et al., 87 Federal Reporter, 533. The
laud company, claiming lands in the reservation of the KIlamath Indians under the
grant made by Congress to the State of Oregon in 1864, brought suit against an agent
of the United States to enjoin him from, making allotments in severalty of certain of
those land'- to menbers of the Kliamath tribe. The court said:
Particular attention is called to the language of the proviso in the treaty by
which the residence of the Indians therein provided for is to continue until otherwise iie ted by the President, and the contention is made that this language shows
that thi rights now held by the Indians are not the same rights originally held by
themn, but are new rights bottomed on the treaty, and, therefore, subsequent in time
to the road grant * * * The treaty could not confer a new right unless it conferred something in addition to what the Indians already possessed. Whatever is
within the rights originally held by the Indians has been continuous with them.
Equity is not concerned with the form of the proviso in this case. In its purpose
and intent it is a reservation in its terms; the right of occupancy was not granted to
these Indians. It was withheld by them. Furthermore, I am of the opinion that
the words "until otherwise directed by the President,' did not have the effect
attributed to them by the complainant. The treaty provides that Congress may
hereafter permit the sale of these lands if the prosperity of the Indians will be thereby
[House Document No. 79, fli
a
SIR: I have the honor to transr
the 2d instant from the Commiss
panying copy of an agreement de
United States Indian Inspector Ja
United States with the Indians
the relinquishment of a portion
visions of the act of July 1, 1898
Secretary of the Interior to negol
and interest in and to any part'o]
draft of a bill to ratifv the same.
This new agreement was made a
of an agreement made October 2
December 8, 1900 (House Doe. N.
session), was erroneous in that it i
the survey approved in 1888, wh
1871 and restore to settlement lan(
ing reservation then covered by al
By the new agreement the Indi
States all claim, right, title, and ih
Klamath Reservation lving betwe
treaty of 1864 and the lines as est
1888 by the General Land Office, tC
aeres.
This agreement is presented wit
for the one transmitted Decemibe
recommend that it receive favorat
Very respectfully,
The SPEARER OF TIHE HousE
,AMATH INDIANS.
AGREEMENT
to a large extent the beneficiary. It
benefits in a large measure of the cesae take from them the benefits which
at in its main scope the object of the
justice and right. (Fed. Rep., 533.)
to the United States 621,824.28
herefor by the Commission, and
icLaughlin, 86.36 cents per acre,
vided for in the bill as follows:
tsh pro rata payments, share and
to the credit of the Indians in the
)ear interest at 5 per cent per
te Indians annually in cash per
said principal fund to be annumnded for their benefit, including
and the renmainder of said sum
legal fees of attorneys having
ded for drainage and irrigation
ervation of the Indians, the purIndians, and for such other purtary of the Interior, may be for
ration, Oreg., receive no rations
the United States: they have no
or the United States; they are
Of
by stock raising, laboring, etc.;
beveralty, and the money they
lands will enable them to improve
t themselves more comfortable.
suitable for grazing than for
hem to increase their supply of
e reports of their present selfiake good use of the money that
1. It. 6551) have been carefully
payment of the claim has been
). R. Francis, Secretary of the
'etary of the Interior; Hon. D.
l Affairs, and Hion. ANV. A. Jones,
your committee, concurring in
the provisions of the bill, which
pproved by the Secretary of the
ad its passage.
C
ELAMATH
INDIANS'
CLAIM.
gress, second session: Contains corre,e Department of the Interior and its
tress, third session: Contains copies of
Interior, umitted from Document 129,
3
wo
WITH KLAMATH
INDIANS.
21
advanced. The relation of the Indians to the United States is shown to be that of
dependents. They submit to the control and guardianship of the Government, and
this right of sale can only be upon a consideration moving to the Indians. There
can be no sale as of a property right in the United States, and the power of sale and
the right of the President to direct a removal of the Indians in pursuance of its policy
is manifestly the exercise of a trust power by the United States. These powers are
not the exercise of proprietary rights by the United States, but the performance of
a duty which it has assumed. The President can only direct the removal of these
Indians in their interest. The right provided for as to this is not a limitation of the
right of occupancy theretofore enjoyed by them, but a provision to make effective
the authority to dispose of that right when tie Unite(l States, acting in their behalf, determines that it is to their advantage that such interest should be sold.
"The treaty by its terms provides for public inpri enmeptt Ifa pIrmnanent character upon these lands for the erection of sawmills, tlourinig mills, Rhlp>, school and
hospital buildings, and for maintaining them in repair for a period of twenty vears;
and it provides for the assignmeint or allotaent; of the lands amoun r the n;h alls as
is now proposed, and for the prevention of which this suit is proisecutedl. Th <te provisions strengthen the conclision that the re-ervation contained in the treatv N%
as of
a sulrtantial and permanent right, coextensive with that theretofore enjoved by the
Indlauns. The effect of the construction contendle for iv the complainant wonu'd le
to delprive the Indians of the valuable right reserved to them in the treaty, which
constituted the consideration for the cession of the lants made bv them to the Governuient, and of which the road company is to a large extent the beneficiary. It
would enable the road company to enjoy the benefits in a large measure of the cession made by the Indians and at the sanie time takle from them the benefits which
constituted its inducement. It would defeat in its main scope the object of the
rkeaty, and would in its results be contrary to justice and right."
This decision was rnmlered in May of 1898, and no appeal tromn it has been taken.
It shows conclusively that the Klamath Indians, prior to the treaty and at all times
thereafter, have held a vested right or title to all of the land described by metes and
bounds as reserved to them for their occupancy and use.
That the Executive entertained the same opinion with regard to the meaning of
the treatv and the status of the Indians thereunder as that now fixed bv the decision
cited is shown bv the fact that no Executive order was ever issued bv the President
creating the reservation, nor has any order of the kind been issued by the Secretary
of the Interior or subordinate oflieers of the Government.
This disposes of the first question.
With regard to the second: It appears that after the treaty was proclaimed on
February 17, 1870, a survey of the outboundaries of the reservation was ordered by
the Secretary of the Interior. In making the survey the engineer who contractedi
to perform the work failed to follow the metes and boUund.s ex-pressly set forth in the
treatv as those of the reserN ation. The result of this failure was that the survey
shonled a much smaller reservation than the Indians had anticipated, lut the
Interior Department, being misled by the survey, adopted it as correct. The lnmdans
complained of the mistake at the time to the loc(al officials of the United States both
civil and military, and both made reports thereon to the proper officials in Washington. The matter was in ve-tivated bv direction of the Department of the Interior
and the reports obtained showed that the complaints of the Indians were well
founded.
From that time to this it has been conceded by every Secretary of the Interior and
by the Commissioners of the General Land Office and Commissioners of the Indian
Office that the firstsurvev was an erroneous one; that its adoption was a mistake xwithOiit an! design or intention on the part of the executive branch of the Government to
deprive the Indians of any part of the territory which the treaty reserved to them.
No order has been issued byn any President, Secretary of the Interior, or subordiuate
official of the Government directing that the area of the treaty reservation he duul1inilhe:d. Had such an order been issued without the consent of the Indians or just
compensation to them, it would have been a breach of the trust which the United
States assumed when it made the treaty and which the court has held it is bound to
perform.
By the present ilaim the Klamath Indians merely ask that the United States perform its trust by giving them reasonable compensation for a part of the land which
the United States guaranteed to reserve to their use, but which, through the admitted
mistake which it is seeking to correct, it took from them.
The office of the Commissioner of Indian Affairs has uniformly insisted that the
unintentional diminution of the area of the treaty reservation caused by the erroneour survey of its boundaries constituted a just cause of grievance on the part of the
22
AGREEMINENT
WTTH KiLAMATH INDIANS.
Indlians, and has fromt time to time sought to have it righted. Pursuant to two resoIintions which it has }ta---ii, the Seniate, lias teen informed of the( facts in this matter
through reports of the Seciretar% of the Tnte~rior. (See Senate Lx. Doe. No. 129,
Fiftv-thirl ConnLres, s-econd se-~i-liar aol Noitit Ex. Doi- (32, Fifty--third (Congre-'s~.
third session. ) On receipt of tbh se rei or>,, a ilan~c was incorporated in the Indian
aplloprlaiton actof June 10. 1596, (2i) tart. L., 381), which provided for the appoidotmnoit of a cormuission to a>,-ertain ani deter iminc the correct outhomidarient- of the
rier anton ao~l the area of thfe land of which the Indians were u-nlawfully depthioil
byv the err' 111ciii suirvey- nute
Ic in I M
~'h-corlrni~ssin madel it ¾,clo findling hth
Indiuans were deprivedof their
ten-iiI try to the extent itt 6171,490 t)
a- ~oral recommnended that the Indians he compennit -I lot this lllIartIIth rate of 8o.Ji (cents per acre. The S'ecretary of the Interior,
ltrer. 1) I-. Flour-is, apllmoved the( report onIe asked Con:4ress to moires( the re---c
apicopriation.
Sice Sei-,ate lEx. Doe. No. 938,Fl ft v-fourth Congress, second ses~4 (4a.I
tCitgrts-, 1lv a claui~e in tile Indian appropriattion act of Jill) 1, 18118. authorized
the sum-i iv of the onti oundiaries of the treaty reservation as deterotineil by- the conimtis~ton anti di rected ti at neg~otiatioirs withi tile Indians 'to held looking to tlie cession of their- righlt arid title to thie lands of which they were deprived. The sur\ ihas been made arid negotiations have been1 compi leted. Tile Secretary-v of the Inte r]
now, by his report to Cingress (Dlcceroler 8, 11)0), asks that thle agreemtent negotiateti ui-ne him
in-rstrtrctloris be ratifieid and art applropiriarttion n(-eesar to compensate the Indilans be made. (,Sec House Doe. 'No. 156, Fifty--iixtir Congress, second
sesllon.)
In connection with the above argrument, I beg to request that von will obtain arid
refer to a copy of the, hearings befor~e the subrcorrmmittee of tire Commruittee on Indlian
Affairs of the t'rdted States Serrate in tire In-hair appriprirtion dili at the last
session of Congress. Statements ott behalf of the ]Kiariathi Indiians will be found ott
page 29 et s,
W~e surhbrit, that the United States, in fitrllilrtrert of it-i trnst obligation, is hound- to
cor rect tire riti~jtakle whichi its a gertt roride, and that (irgrt -s should authiorize tie
payment rytich the Indians staired reailv to accept, which the comttission, after- dire
investigatiott, lies recorrrrnerded, anid which the Secretary of the Interior riowy recoinmends as jirit anti fair.
Very respectfully,
JSo. K. McAIx:O,r'c
Attorney Jr-tire Indianrs of tire A hm toathiIuii noton.
R. V. BELT, Of CJounsel.
The
SECRETARY OF TtttjT17
TOR.
A B;LL no ratrty an agreement with the( Indirans of ItheKlamarth Indian Reservation, in Oregon, and
rirnking aprironrrationrs to carry rhe carre intro effect.
WhIereas James 11lc.arghliri, art Iniliam irnspcitor for' and ot itehalf of the Secretary
of tire -Iriteririr, rirrler or hitv vi-tire of an at- oft Conigress aptiroved July first, ,ightuCeti irtid-r-ed anid niietv-eiciht I tlirirticth Lunite- IState>,, Statirte Laws, pirge live hirmidreii antd seventv-otno), entitlei ''Airt act meaking apprropriarionrs for tire current arril
contingent expenses of the Irrdiart Department arid for friitillirrg treat)' stiptrlations
With varroirs Irtdian trittes for the fistcal )-ear ending June thirriet ii, eighrteen hundred
anti ninety-nine, and for other ltrrrposes,' tidl, ott tite seventeernti tilt) of June, nineteen hundred and one, make and cotrilude art agreement with thle Kianmath anid
Modoc tribes and Yahooskin hand of Snake Indians, residing on the Kiamath Indian
Reservation, in the State of Oregon, which agreement is as foliitws:
This agreement, made amid entered into on tire seventeenth day of June, nineteen
hundred and one, by and between James MeLauglrlin, U. S. Indian inspector, on
the part of the United States, and the Klamnath arid Motloc tribes anid Yaholakin
hand of Snake Indians, belonging to the Klamath Indian Agency, in the State of
Oregon, witnesseth:
ARTICLE I. Tire said Klamath and other Indians belonging to the Klamath Agency,
Oregon, for the consideration hereinafter named, do hereby cede, murrender, grant,
and convey to the United States all their claim, right, title, and interest in and to
all that part of the Klamath Irmdian Reservation lying between the boundaries
described in the treaty with said Inrdians concluded October fourteenth, eilghteen
hundred and sixty-four, and proclairred Feltruary seventeenth, elgitteen hurtir-et arril
sevenity, as confirmed by the Klartath Bornutary Conmmission in their report to the
Secretatry of the Interior, dated December eighteenth, eighteen hundred and ninetysix, and the reservation boundary lines as established by the survey approved in
1888 by the Greneral Land Office, the tract of land hereby ceded and relinquished
comprising six hundred and twenty-one thtousand eight hundred and twenty-four
acres.
ARTICLE II.
In consideration of tire lat-id ceded, relinquished, and conveyed by
AGREEMENT
WIT]
tor James lcl~atighin with thc
by Secretary Hitchcock on Dc(
been corrected by the rure--etnler
anti which is submitted to (i0ongT
sel ottt il Ho[usc 1)oc. No. 79, of
patiiyinig rcjport thrcotn by the Co
het dates:
Tin-re cart ie no doubt as to tire title
rug_ the lands ex~citried be, ertrlioll01S >rr
iit tNvis remnoved bI tyte
dici 4ior iof tire
Belt 687 Fed. Rep., 5083), in Nxxihal tin(
acrrrateiy- stated.
tin
report of November 24. 1900,I
1 iy
These Indiants have jiatierttly waite
hi in of their rigirts to tire loald givent
wvith theti shortlr no lonrger be dIcierret
This statenrerit I repteat with aided
agreement will be ratified
at tire
COtiin,
not be compelled to longer await the
solemin treaty stiitulatiorrs.
The case referred to, in which
within reserivation reserv-ed for
sidered, is that of the California
et al., wherein the circuit court
Judge Bellinger held as follows:
Particular attention is called to the it
the residence of the Indians therein
directed by the President, and the cort
the rights now held by the Indians are
but are new rights bottomed on the tre
road grant. * * * The treaty coul
sonretrirtg in addition to what the Ind
tire rights originally held by the Indiar
riot concerned with the form of the pro
it is a reservation in its termns; the ri
Indians. It was withheld by them.words "until otherwise directed by tht
to them by the complainant. The trea
mit the sale of these lands if the prospt
Tire relation of the Indians to the Unit
They submit to the control and gnardi
sale can only be upon a consideration
as of a property right in the United Sta
President to direct a removal of the In
the exercise of a trust power by the Un
of proprietary rights by the United Sta
has assumed. The President can only
interest. The right provided for as tn
pancey theretofore enjoyed by them, hr
to dispose of that right when the Uni
that it is to their advantage that such ii
The treaty by its termrs provides forI
ter ripon these lands for the erection
ho-it ital buildings, and for maintaining
arri it provides for the assignment or al
is now proposed, and for the prevention
ri-rotis strengthen the conclusion thatt
a substantial and permanent right, coe)
Indians. The effect of the constructior
to deprive the Indians of the valuable
constituted the consideration for the cc
AGUREEIENT WITH KTAMATH INDIANS.
AMATH INDIANS.
23
he direction of the Secretary for such
ArticleIoftthisagrreettetilt, anidinifullotaU llain> and demandsofsaid Kiamathand
to them, not for the present tine
othter l i(liats
tul N
ariSingtor groxvmi t
out of tlie erroneous survev of the outboundaries
of their reservation in eighteen hut iretd ittd seventy-one, the United States stipulat, iantd agrees to pay to and expeind for said Indians, in the manner hereinafter
ptx(itled, the sum of five hitnittred anid tI iitytv-seven thonsand and seven dollars and
twtity cents ($3,87,007 20), being at the rate of cit'tv-six and -' (.8,,
cents per
aLeCr,the price aw arded for saiti Ilalo(ls it tie
ttuliath toutdarv calnl ttlission-r,<
et
in
tIheir reEport to the Socreta-y ot thei Titerior, dlattxl Deivnaber eighteenths eighteen
hitdttd and niety-six.
1t\ or1eLE
III. It is agreed that of the amount to be paid to the said KId itti
and
otheriliedins,
as stipulalteJ1 in Particle Ii of titis agreitetnt, the sutn0of 1NvulYv-:iuVe
thiousanitt doll'ars shall tte taid in ctwit pro rata, share and sitare alike, to ea ch teen,
xxmean, and child behelongig to sait( -tlatnath and other tribes and under tie Jttrisl It ion of the Klaniarhl Ihidn Aget v. xiv,
ithin otte hutndred anil fiftv dai Iropm tand
after the date of the ratifli ttoin of tfhidstgreoueitt, and the sum of three liuiiirlred and
fiftv thousand dollars shall be deposited in the Treasury of the United States to the
creHlit of saisl Indians, and slhall draw interest at the rate of five per centuti per
ainurn, which interest shall be paid to said Indianti annually per capita in cash, cnd
that the remainder ot said sum of five hundred and thirty-seven thousand and seven
dollars and twenty cents, after the payment of the legal fees of attorneys having duly
approved contracts, shall be expended for the beneflit of said Indians, under the
direction of the Secretary of the Interior, upon requisition of the Indians through
the U. S. Indian Agent, in the drainage and irrigation of their lands, and the purchase of stock cattle for issue to said Indians, and for such other purposes as may, in
his opinion, best promote their welfare: PIromded, That beneficiaries whose allotments will not be benefited by the irrigation systems constructed under this provision shall not bear any of the expense of such irrigation construction, and shall, as
nearly as practicable, receive an equivalent in value of the stock cattle or other articles herein contemplated, that each beneficiary may thus receive his or her proportionate stiare of the benefits of this provision: And prosided furlther, That in addition
to the interest on the fund deposited in the U. S. Treasury, the Secretaryi of the
Interior may, in his discretion, expend for the benefit of said Indians, including
reasonable cash payments per capita, not to exceed ten per centum per annum of the
principal fund, upon a majority of the male adult Indians of Klamath Agency petitioning for salte through the Commissioner of Indian Affairs.
ARTICLE IV. It is understood that nothing in this agreement shall be construed to
deprive the said Klamath and other Indians of the Klamath Agency of any benefits
to Which they are entitled under existing treaties, not inconsistent with the provisions of this agreement.
ARTICLE V. This agreement shall take effect and be in force when signed by U. S.
Indian Inspector James McLaughlin, and by a majority of the male adult Indians,
parties thereto, and when approved by the Secretary of the Interior and accepted
and ratified by the Congress of the United States.
In witness whereof the said James McLaughliii, IT. S. Indian Inspector, on the part
of the United States, and the miale adults of the Klaamatli and other tribes of Indians
belonging to the Klamath Agency, Oregon, have hereunto set their haiLs and seals
at Klamath Indian Agency, Oregon, this seventeenth day of June, A. D. nineteen
hundred and one.
JAMES McLALaILIN,
G
U. S. Indian Inspector.
CHARLEY PTrr (his x mark).
JOHN MORGAN (his x mark).
DENNIS O TOOL (his x mark).
And one hundred and eighty-eight other Indian signatures.
We, the undersigned, do hereby certify that the foregoing agreement between the
United States and the Indians of Klamath Agency, Oregon, dlated June 17th, 1901,
was thoroughly explained by us to said Indians and that it was fully understood by
them before signing.
Rev. JEssu KIRK, Interpreter.
RUBEN H. WHITE, Interpreter.
KLAMATH AGENCY, OREG., June 19, 1901.
We, the undersigned, do hereby certify that we witnessed the signatures of James
McLaughlin, U. S. Indian inspector, and of the one hundred and ninety-one (191)
male adult Indians of Klamath Agency, Oregon, to the foregoing agreement.
y insisted upon a large cash pay:iteit.
e brought to appreciate the advantages
in the agreement.
pavment was conceded by hiii aftei
tight thus be enabled to liqubiiath tfwio
ers' bills and a few mowting lowltit-'.
ans of the agency being al ot -2 iter
e beneficiaries and will be jmubi(oitlv
preciated by the very o0l p0eop0e who
tn-ible wav should the money te all
stock cattle. The Indians were verv
vision for irrigation, maintaining that
vn ditches, but finally consented to its
oviso that only those who will be benze of its construction. The equalization
t receive any benefit from irrigation a
ians all dress as whites, wear their hair
and while thev are not what can be
tress are well grounded and steadily
1l educated, the utajoritv of them being
natures are attached to the agreement
h an altitude approximating 4,500 feet
than the growing of fodder, which at
Is and other low places where there is
ie lands as contemplated by the agreea clover, grain fodder, and wild grass
y be limited by the acreage cultivated.
in Oregon for stock growing, and that
ed, as it is the only remunerative indus2Laughlin is satisfactory to this office,
prosperity of the Indians than the disragreement. The price fixed upon the
Dmmission and Inspector McLaugblin's
as just and fair.
,re than thirty years for the recognition
aty stipulations, and a settlement with
Aft of a bill to ratify the agreement has
.h duplicate copies of the papers, includthe United States, by the Oregon Central
State of Oregon, on the tract excluded
is survey made in 1871, with the recom)ranches of Congress, with earnest rec*ation. But one copy of the map of the
3, is transmitted, as it is not presumed
is not thought necessary to transmit-the
ion of the boundary being shown on
at,
W. A. JONEs, Cbmmison.
nds was receiving further consid-
,erior, it was discovered that an
boundaries of the reservation,
I bv United States Indian Inspec-
ROBERT C. SPINK, School Clerk.
"4r
GEo. W. LOOSLEY, Stockman.
KLAMATH AGENCY, OREG., June 19, 1901.
i
I
24
AGREEMENT
WITH KLAMATH
INDIANS.
AGREEMENT WITI
I hereby certify that the total number of male adult Indians over eighteen (18)
years of age belonging to the Klamath Agency, Oregon, is two hundred and ninetysix (296), of whom one hundred and ninety-one (191) have signed the foregoing
agreement.
0. C. APPLEGATE
United States Indian Agent.
KLAMUATH AGENCY, OREG., June 19th, 1901.
DEPARTMIEN-T OF THE INTERIOR,
December 7, 1901.
Approved.
E. A. HITCHCOCK, Secretary.
Therefore,
Be it entacted by the Senate and H~ovse of Representatires of the United States of America
in Congress asse1ndled, That said agreement be, and the same hereby is, accepted,
ratified, and confirmed.
SEC. 2. That for the purpose of carrying the provisions of said agreement into effect
there is hereby appropriated. out of any money in the Treasury not otherwise appropriated, the sum of five luniri(in and thirty-seven thousand and seven dollars and
twenty cents, of which anmount the sum of three hlundred and fifty thousand dollars
shall be placed to the credit of the Indians of the Klatnath Agency, in the State of
Oregon, in the Treasury of the United States, and shall bear interest at the rate of
five per centum per annum. The remainder of said snm of live hundred and thirtyseven thousand and seven dollars and twenty cents, after the payment of the legal
fees of attorneys having duly approved contracts, together with the interest on said
sum of three hundred and fifty thousand dollars, shall be paid to said Indians or
expended for their benefit as provided in article three of said agreement: Prorded,
That the Secretarv of the Interior may, in his discretion, expend for the benefit of
said Indians, including reasonable cash payments per capita, not to exceed ten per
centum per annium of the principal fund, upon a majority of the male adult Indians
of said Klamath Agency petitioning for the same throngh the Commissioner of Indian
Affairs: And provided, That nothing herein contained shall be held to in any way
militate against indemnity school land selections made by the State of Oregon on the
basis of sections sixteen and thirty-six in place within the boundary of the Klamath
Indian Reservation, as erroneously fixed in eighteen hundred and seventy-one, and
the boundary agreed upon in the treaty with the Indians of eighteen hundred and
sixty-four; but all such indemnity selections made by the State in lieu of lands in
place within said boundaries shall be passed to the approval in the usual way, provided they are in other respects free from objection.
0
a-
T
section of country, producing an exc(
poses, anid the sugar pine, so called, is a s
value for finishing material, being muich
work, while the red cedar furnishes excel
the ridge which forms the western houri
eastern range of the Cascade Mountains,
miles is within the excluded area and is v
the varieties above mentioned, also nun
portions of the excluded tract contain gro
timbered beltof notless than 6 miles in wi
tract, along the eastern slope and footh
western boundary of the treaty reservr
feet of excellent pine timber, which xx
projected lines of railroad are constrii
converted into hlumber and marketed; t
the ridge of which forms the xvestern I
for a considerable distance east is of in!
ing upon it, but that there is a dense
greater po: ti an of the tiace that range i
in diameter, which slpevies of scruib pin(
or fuel; that this clhinrier otr colullrx.
the exe(lnied area ali0rxla0nn 40!)
tain is heavil x tilinhreId wviti au1 exc tl
cedar, there leo ig in the said sterile bl.
yellow pitic, witl an occasional platch ol
ing; that the soil throughout the excutu
is of a different character to that on the
east of the inatrsh, and the soil of a uii
of sterile landLs along the base of Winti
and in the southeast rortion of the e
thickly covered with lava rock and tip
juniper trees of stunted LproNx
tli whi h
25,000 acres in the exchluled portion, is I
and ThonIpsosn vallev, which exNtilels
sive ineadloivs and arahle lands in the
approximiiatelv, 20,t)00 acres, are espe(in
Mountain, a large portion of xxhi(
oh is i
berel, as is also the e astern slope o0 Vi
ary of the excluded lands; and that Ir(
corner of the treatv reservation along M
said ridge terminates ahrnptlx, a distan
belt averainrg about 7 miles in width xv
He estimates the ielihamitable pine
math Reservation along the Cascade Rtai
north, Yamsaxv \Ioontaiii in the northe
with the tnorerou smialliplateats of go
pine portions at ,AG00 acres.
He quotes troio di ifer(nit authorities I
value owing to its inacces-ihilitv, will bh
strum tioii of railroad, etc.
lie regards ,;2 50 per acre a fair av
throughout the southeastern poition of
portions which latter are worthless. I
of every possible means to arrive at the
while it is true that there are a great mr
are ianx aemes of arable land which a
inmmemse- amount of pine timber that mi
and takings into consideration the txx ent
been depl ived of these lands, together i
heavily tiinluered portions, be most heai
by the boundary ctoinmission in IS96, to
He then relates his negotiations in con
them that the Department Qwas oppose(G
payments have a demoralizing effect
desired by the Department that the gre
to receive be placed in the United State
interest annually, the remainder, after
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