[Cover]
California W618
O. M. Wozencraft
Camp Union Yuba Riv July 18, 1851
Reports that he had made a treaty with Das-pia, Ya-ma-do & 8 other tribes-Enc. copy of this treaty. Transmits accounts &c.(W612). Remarks in regard to contract for beef, want of funds accounts of Mr. [Backer?] & Mr. Storms for interpreting &c. New permitted [person?] trading with the Indians to continue the trade for purpose of securing their [inflame?]
(original treaty recorded in a book newly opened for the purpose July 1852)
Copied for Supr Beale
D
Recd 8 Sept 1851
8. [Coorlizale?] File
Ack. Sep 15t 1851
[Treaty P. 1]
A Treaty of Peace and Friendship made and concluded at Camp Union near the Yuba River between the United States Indian Agent, O. M. Wozencraft of the one part, and the chiefs, captains and headmen of the following tribes. viz: Das-pia, Ya-ma-do, Yo-la-mer, Wai-de-pa-can, On-o-po-ma, Mon-e-da, Wan-muck, Nem-shaw, Bem-pi, and Sa-cum-na Tribes of the other part.
Art. l. The several tribes or bands above mentioned do acknowledge the United States to be the sole and absolute sovereign of all the soil and territory ceded to them by a treaty of peace made between them and the Republic of Mexico.
Art. 2. The said Tribes or Bands acknowledge themselves jointly and severally under the exclusive jurisdiction, authority and protection of the United States and hereby bind themselves hereafter to refrain from the commission of all acts of hostility and aggression towards the government or citizens thereof, and to live on terms of Peace and Friendship among themselves and with all other Indian tribes which are now or may come under the protection of the United States.
And furthermore bind themselves to conform to and be governed by the Laws and regulations of the Indian Bureau made and provided therefor by the Congress of the United States.
Art. 3. To promote the settlement and improvement of said Tribes or Bands it is hereby stipulated and agreed that the following of country
[P. 2]
in the State of California, shall be and is hereby set apart forever for the sole use and occupancy of the aforesaid Tribes of Indians.
To wit: commencing on Bear River at the western line or boundary of Camp Far West, from thence up said stream 12 miles in a due line, from thence on a line due north to the Yuba River thence down said stream 12 miles on a due line of the river, from thence south to the place of beginning, to have and to hold the said District of country for the sole use and occupancy of said Indian tribes forever.
Provided that there is reserved to the government of the United States the right of way over any portion of said territory, and the right to establish and maintain any military post or posts, public building school houses, houses for agents, teachers, and such others as they may deem necessary for their use or the protection of the Indians. The said Tribes or Bands, and each of them, hereby engage that they will never claim any other lands within the boundaries of the United States, nor ever disturb the people of the United States in the free use and enjoyment thereof.
Art. 4. To aid the said Tribes or Bands in their subsistence, while removing to and making their settlement upon the said reservation, the United States, in addition to the few presents made them at this council, will furnish them free of charge, with (500) five hundred head of beef cattle to average (500) in weight five hundred pounds, two hundred sacks flour (200), one hundred (100) pounds each within the term of two years from the date of this Treaty.
[P. 3]
Art. 5. As early as convenient after the ratification of this Treaty by the President and Senate in consideration of the premises, and with a sincere desire to encourage said Tribes in acquiring the arts and habits of civilized life, the United States will also furnish them with the following articles, to be divided among them by the agent according to their respective numbers and wants, during each Of the two years suceeding the said ratification.
viz: 1 one pair of strong pantaloons and
1 one red fiannel shirt for each man and boy
1 one linsey gown for each woman and girl
4000 yards of calico and 1000 yards brown sheeting
40 lbs Scotch thread 2 dz prs. scissors
8 dz thimbles 3000 needles
1. 2 1/2 point mackinaw blanket for each man and woman over fifteen (15) years of age
4000 lbs iron and 400 lbs steel, and in like manner in the first year for the permanent use of the said Tribes and as their joing property.
Viz: 75 Brood mares and 3 stallions
300 milch cows and 18 bulls
12 yoke work cattle with yokes and chains
12 work mules or horses
25 ploughs assorted sizes
200 garden or corn hoes
80 spades - 12 grindstones
The stock enumerated above and the product thereof and no part or portion thereof shall be killed exchanged sold or otherwise parted with without the consent and direction of the agent.
Art. 6. The United States will also employ and settle
[P. 4]
among said Tribes at or near their towns or settlements, one practical farmer who shall superintend all agricultural operations with two assistants men of practical knowledge and industrious habits, one carpenter, one wheelwright, one Blacksmith, one Principal School-Teacher, and as many assistant teachers as the President may deem proper, to instruct said Tribes in reading writing &c and in the domestic arts upon the manual labor system, all the above named workmen and Teachers to be maintained and paid by the United States for the period of Five (5) years, and as long thereafter as the President shall deem advisable. The United States will also erect suitable school houses shops and dwellings, for the accommodation of the school teachers and mechanics above specified and for the protection of the public property.
In testimony whereof the parties have hereunto signed their names and affixed their seals this eighteenth day of July in the year of our Lord one thousand eight hundred and fifty-one (1851).
(Signed)
O. M. Wozencraft,
U. s. In. Agt.
Signed, sealed and delivered after being fully explained, in presence of,
(signed) George Stoneman, Lieut. 1st Dragoons, Com. of Escort to Indian Commissioner
For and in behalf of the Das-pia
Wee-Mar, his x mark [seal]
[P. 5]
For and in behalf of the Ya-ma-do
Oi-ta, his x mark [seal]
For & in behalf of the Yo-la-mir
Wal-le-pie, his x mark [seal]
For & in behalf of the Wai-de-pa-can
Ko-ma-la, his x mark [seal]
For & in behalf of the On-o-po-ma
Man-arck, his x mark [seal]
For & in behalf of the Mon-e-da
Wal-lem-hook, his x mark [seal]
For & in behalf of the Wan-nuck
Yu-me-an, his x mark [seal]
For & in behalf of the Nem-shaw
Was-hi-ma, his x mark [seal]
For & in behalf of the Bem-pi
Ti-co-la, his x mark [seal]
For & in behalf of the Sa-cum-na
Yo-lo, his x mark [seal]
(signed) John Campbell, Assit. Surgeon, Escort to Ind Comr
A. T. Stirling
E. S. Lowell, Secrt, U. S. I. Agts
Addenda
It is understood that the above named boundary, running north from Bear River, will pass between Rough & Ready & Penn Valley and in the event that a line due north from said point on said River should fail to do so, it will deviate so far as to include said valley in the reservation & exclude Rough & Ready.
O. M. W.
U. S. I. Agt.
Letters of the Office of Indian Affairs, 1849-1880, California Superintendency
