The 1851 Treaty Commission Journal: Santiam Kalapuya Negotiations

The 1851 Indian treaties for Oregon were the first in the Pacific Northwest, the very first being that with the Santiam. After the Santiam treaty, the other tribes in the valley are negotiated with, then the commission moves to Tansey Point on the Columbia, and after negotiating with the Chinook and Tillamook there, visits Port Orford and the Coquille and Rogue Rivers. The final treaty is with the Clackamas at Oregon City. These treaties of Anson Dart and his commissioners, failed because the agreements included reservations within some of the best farm lands in Oregon. Settlers did not want to live alongside Natives. The American government wanted to reserve all of the land for Americans and remove all the tribes to the Umatilla area, to less desirable lands. So under complaints from American settlers, the nineteen 1851 treaties were tabled by Congress. The 1851 treaties are important because, while they were never ratified, the journal accounts of them are much more substantial than those for the later treaties, and they appear to represent the perspectives of the tribes.

The negotiations themselves are some of the earliest accounts from the tribes commenting on their wants and needs and showing that they understood their situation well. They clearly appear to not be passive in advocating for their rights to their lands. The negotiations appear congenial, but that is also all that is shown by the journal takers. Yet there is a hint of conflict, as the days go by, and the tribes have to continue to reiterate their desires to keep a good portion of their lands.   To get the tribes to agree there were a lot of promises made, promises that we can now see were never to materialize for decades.Promises for food, and safety, and the government having the well-being of the tribes in mind are reiterated by the board of commissioners. This mantra finally convinces the tribes to acquiesce to some of the stipulations of the board.

The major themes we see appear is the desire of the Santiam chiefs to remain on their lands, and that they get paid for the lands they are giving up. We can also see that one day, when they get to the point of claiming a territory, they work with the map makers to show where their claims are. This day with the map likely helps George Gibbs and Edward Starling to draw the 1851 Gibbs and Starling map. The fact that the tribes helped make that map, is not noted on the map legend.

The scene for the treaty is the gathering of the Santiam people at Champoeg. The journal only captures the words of the commissioners and three chiefs of the Santiam. Noted at the end of the first draft of the treaty is that the whole tribe was there watching the proceedings.  In addition there are several settlers invited to attend and appear to just be witnesses. Their commentary is not captured but is hinted at when the Board of Commissioners suggests that they have to consult with the local settlers.

Commentary to the text is interlinear in sections.


Oregon City, January 24th 1851

His Ex[cellency] Governor John P. Gaines[1], Alonzo A. Skinner and Beverly S. Allen, being commissioners appointed by the President of the United States under an Act of Congress entitled “an act authorizing the negotiation of treaties with the Indian Tribes, in the Territory of Oregon, for the Extinguishment of their claims, to lands lying west of the Cascade Mountains and for other purposes, Approved June 5th 1850.

On the day above mentioned the Board assembled in Oregon City for the purpose of organizing, present Gov. John P. Gaines and A. A. Skinner- Mr. Allen not having yet arrived- they having received instructions proceeded to an organization by appointing Edmund A. Starling Secretary to the Commission. Whereupon the Board adjourned.

[Starling likely is making this journal and records the details of the map]

Oregon City Feby 4th 1851.

At a meeting of the Board of Commissioners held in Oregon City on the day above mentioned, present Gov. John P. Gaines and Alonzo A. Skinner- Mr. Allen not having yet arrived- Dr. Robert Newell was appointed interpreter to the commission, at a salary of five dollars per day and board. Whereupon the Board adjourned.

[Newell is a politician and later holds positions in the State government and as an Indian Agent]

Oregon City March 7th 1851

At a meeting of the Board of Commissioners held in Oregon City, on the day above mentioned, present Gov John P. Gaines, A.A. Skinner and Beverly S. Allen, Mr. George Gibbs was appointed commissary to the Board of Commissioners at a salary of five dollars per day and board.  Whereupon the Board adjourned.

[Gibbs is an important early ethnographer, surveyor, and federal agent, he helped on the Northern California treaty trip of Reddick McKee and is knowledgeable of Chinuk wawa.]

Oregon City March 31st 1851

At a meeting of the Board on the day above mentioned, they having received intimation that the houses etc ordered to be furnished at Champoeg for the accommodation of the Commissioners, and chiefs of the different tribes of Indians, in that neighborhood were ready for occupation. Resolved to leave Oregon City for Champoeg on tomorrow. Whereupon the Board adjourned to meet at Champoeg.

Champoeg April 3rd 1851

10 o’clock a.m. The Board met pursuant to adjournment, when upon it was ordered that J. L. Parrish Sub-Indian Agent, should proceed to assemble the chiefs and principal men of the Kallapooya Tribe of Indians, at the council house in Champoeg, that they may state their claims to the lands they occupy, and that the commissioners may know the terms upon which they are willing to treat, for the purpose of extinguishing their title thereto. Whereupon the Board adjourned.

[Parrish is a Reverend in the Methodist church in Salem and remains an Indian agent for years.]

Champoeg April 11th 1851

Saturday morning 11 o’clock a.m. the Board met in council with the Santiam Band of the Kallapooya Tribe of Indians (the chiefs and principal men having been assembled) They were introduced to the Commissioners by the interpreter Dr. Newell. Gov Gaines, then, on the part of the Commissioners proceeded to deliver the following,

Brothers

I am happy to assure you of the pleasure, with which we meet you today, to tell you of the kindness of our hearts, and the kindness of the heart of our Great Father, the President toward you, and all our Red Brothers in Oregon. We express the hope, that you will be found ready at all times, to prove your own good intentions, and friendly feelings toward the Great Father and his white children.

Your Gt. Father the President, has sent us among you, in order to show his love and care for you, and to treat with you for your lands, which you kindly allowed his white children to live upon and cultivate for many years. Circumstances beyond his control, have made it impossible for him to send us sooner: which, the feeling of his heart would have prompted him to have done if not so prevented. Now, however, we have come to tell you, that it is the will of the Great Father, and our wish to see you honestly and fairly dealt with, that you shall receive all that you are entitled to receive; and if you come today, as we hope you do, equally desirous of doing right, we have no doubt, our present council will be equally pleasant and profitable to you, our Great Father, and his white people. If you have no regularly acknowledged chief or chiefs, we desire that you will get together at once, and select such, who for their honest and good sense, you can rely upon to meet us in council and talk with us, upon the subject of selling your lands to the Great Father.

[The board here is talking to the whole tribe some 168 or more people assembled at Champoeg. He knows they have chiefs and it is unknown if the notion of the principal chief is decided here or not]

It was then, interpreted to the tribe, thereupon they acknowledged, Ti-a-can, alias Louis, Their Principal chief, and Alquema, alias Joseph, and Sophan their second or subordinate chiefs.

[The interpretation is likely in Chinuk Wawa as that is what the settlers learned, its likely that Newell, Starling, and Gibbs all spoke Chinuk. Some reports suggest that people could pick up the language in a month of living among the Indians. These chiefs each controled their own villages near the Santiam River]

The three chiefs then desired some time to confer among themselves, and the Council adjourned until 3 o’clock p.m.

3 o’clock p.m. Council met pursuant to adjournment

Ti-a-can said they were much pleased with the speech that had been delivered to them, that they were friendly to the whites, and always had been, and that they were willing to do as their Great Father wished, and to part with all their lands except a small portion, which they wished to reserve to live upon, feed their horses & cattle and cultivate.

The Board asked if they would be willing to remove beyond the Cascade Mountains, provided the Government would give them as good a piece of land there, and pay all their expenses in the removal.

They all answered decidedly. No. Alquema said they had once been a great people; but, now they had decreased to nothing, and in a short time the whites would have all their lands, without their removing.

[Alquema shows a grasp of their situation far beyond what is normally suggested in history. The decrease if the people must have been hugely traumatic, and it happened or began only 20 years earlier. We are seeing here the survivors of the malaria epidemic. Then Alquema also admits the implied threat, that they must sell their land now,  because they may not survive the continued colonization of their lands.]

The nature of the powers, with which the commissioners were invested, was, then explained to them, and they were told, that the commissioners were willing to treat with them fairly: but, that the treaty, when made, would have to be sent to the president, and if he concurred in the terms, that it would be confirmed, if not then it would be the same as if no treaty had been made.

To give the chiefs further time for consideration, the Council adjourned until 9 o’clock Monday morning.

Monday morning 9 o’clock council met pursuant to adjournment.

The morning was pretty much consumed in trying to get the exact boundaries of the territory claimed by this tribe. It was finally defined as clearly as it was possible, on a map prepared by Mr. Gibbs, from information obtained both from the chiefs and whites who are old settlers. They claim from a point on the Wallamette called Butte, thence up the Wallamette River to a point about 15 miles above the mouth of the Kallapooya River for a Western boundary: thence East, in a direct line to the foot of the cascade Range of mountains, for a southern boundary: thence, following the base of the Cascade Range to a point about east of the head waters of the Moolalle River, for an Eastern boundary: thence, west, in a line about midway between the Moolalle River and Butte Creek- that empties into Pudding River- until within about five miles of the mouth of the Molalle River, when the line turns and runs about south west, to the place of beginning, for a Northern boundary.

[ here we see the draft map being produced]

Center section of the Gibbs Starling map 1851, showing Santiam reservation at the South and the location of Champoeg at the North.

This tribe appeared willing to make a treaty selling all there land except that between the forks of the Santiam, which they wished to reserve.

Gov Gaines, asked if a reserve could be made there without taking in the claims occupied by white settlers.

It was said it cannot be done.

Col Allen, told the chiefs for the good of your people it would be better for you to be entirely separated from the whites, and for that reason it will be better for you to remove, to a reserve beyond the Cascade Mountains, that would be selected for you, or that you might select: there your people would be furnished with teachers, to teach your children, and teach you how to farm and with plows, tools etc. necessary in farming building houses to, and blankets to keep you warm: there our Government would protect you, both from encroachments of whites, and any neighboring tribe of Indians. Whereas, if you remain among the whites, it will inevitably end in your annihilation as a people.

[A threat from the board. and offers of supplies and safety. The offer of protection must have been powerful, but ultimately an empty promise as you can read in other essays.]

Alquema objected to removing, said they could now see that they had thrown away their country, but, that they wished to keep this piece of land as their reserve.

[Alquema felt the depth of the mistake they had made, allowing white settlers to take their lands unopposed.]

Gov Gaines, to the Interpreter, impress upon them the necessity of being separated from the whites in making their reserve, and of going beyond the Cascade Range. He then explained to the chiefs the different influence of whites, the one acting by instructions of the Government: the other being citizens merely. The former would protect you, the latter would or apt to encroach upon your rights.

Ti-a-can said their hearts were upon that piece of land, and they didn’t wish to leave it.

[the notion that the hearts of the people are connected to the land is powerful among all area tribes. The heart here represents their desires, wants, and their connection to there place.]

Judge Skinner, thought it would be better to give them further time to consult, and told the chiefs to reflect upon, and consider what had been said to them.

Whereupon council adjourned until 2 o’clock p.m.

2 o’clock p.m. council met pursuant to adjournment.

A small band called the Hanshoke people who have been partially separated from the main tribe, and who claim part of the land of this tribe, had previously objected to coming under their control. This afternoon they upon consultation among themselves, agreed to unite with this main tribe, and acknowledge the chiefs as their chiefs and be governed by the treaty that they might make with the commissioners.

[These are likely the Ahantchuyuk peoples that lived from Labish Lake north to the Molalla River. This confederation suggests that they are a smaller less powerful tribe, but they are already a band of the Santiam. If so the Santiam territory could be legitimately extended from Brownsville to the Molalla river, or the majority of the valley on the east side of the Willamette River.]

Gov Gaines, asked the chiefs if they had thought over what had been said to them this morning, and if they did not think it would be better for them to go beyond the cascades.

Alquema, said they had thought over it, and they had determined to reserve the country lying between the forks of the Santiam, and that all the Indians (included in boundaries above mentioned) would go together into this reserve.

Col Allen, to the Interpreter- I wish to know if they distinctly understand, that our Government will provide them with a reserve equally as good beyond the cascades, as this they wish to reserve and that they will be paid for all the lands they claim here, and have their expenses paid in the removal.

[The Board here does not know if the land they are offering is “as good” as there are few people settled in the area of the Umatilla. As well some 10 years later the Umatilla lands were nearly overrun with settlers and gold miners. There was no guarantee of anything here.]

Interpreter, I have explained it to them fully and they understand it, they don’t seem to like it, being pressed upon them, he then explained again the benefits, that would arise from such a removal to there.

Alquema- We do not want any other piece of land as a reserve than this in the forks of the Santiam, we do not wish to remove.

Gov Gaines, in the event of our treating with the Band of Kallapooyans beyond your southern line, and  they should be willing to live with you in this reserve, would you be willing that you should occupy it together,

Not distinctly answered.

It was again asked.

Alquema, the people are not here, but, in the event of their treating with you, and are willing to come with us. We have no objection.

[The people south of Brownsville, or the Chafin, Winfelly, Pe-u, mosyt likely. Interesting here that Alquema admitted he could not speak for them. ]

Gov Gaines, would you be willing to buy the improvements the whites have made, out of what is paid you for the rest if your lands, of those you do not like, and let those you do like live there as Brothers.

Ti-a-can, No!

Judge Skinner, what portion of the land in the forks of the Santiam, do you wish to reserve.

Alquema, we wanted all of it. But we will consent to divide it by a line commencing at the forks, and running East to the Cascades. And we will take the north half.

Judge Skinner, would it not be enough for your tribe to reserve the land, between the north fork of the Santiam and the first creek, not including the claims of the whites on the Creek.

Alquema, No. We would be content though to have the North Branch of the Santiam, and the creek of our north and south boundaries. The forks of the creek and North branch for our west, and the mountains for our east.

(The object of the Commissioners here is, in the event of not being able to get them to remove beyond the Cascades, to get them to be contented to reserve a large tract of country, that is swampy, on the south side of the marsh, between the creek and it, there is some fifteen white settlers, whom they wish to exclude from the reserve. This swampy land affords very fine grazing for stock, which is the principal want of the Indians.)

Gov. Gaines, if you would make tour south boundary, these settlements, we would be willing t pay you well for the narrow strip occupied by these whites in blankets, shoes, etc. If you should drive these settlers from their claims, you would make them enemies. If you let them remain they will be your friends.

[The suggestion of keep then settlers their friends clearly goes nowhere as the tribes already know their neighbors and the conflicts involved in working with them.]

Ti-a-can objected to the settlements being excluded. He wanted the creek to be their southern boundary. He didn’t wish the whites so close to them.

Col. Allen, we are not at all indisposed to your having the creek for your southern boundary. If these settlements were not there, it is for your good we advise you. By removing the whites from their claims you make them your enemies, which you know is not well for you. We think you would be now happy and comfortable with the blankets shoes etc. That we would give you for this narrow strip of land, than you would be with it and you would then be friends with the whites there.

Ti-a-can, we wish to reserve the north half of all the lands in the forks of the Santiam, but we agree, only, to reserve this, now you wish us to give up part of it. We want to keep it.

Gov. Gaines, we are willing to but it of you and pay you three times its value for your own good.

Alquema, it would tie us up into too small a place, it is no reserve at all.
Judge Skinner, this would be the home yourselves and families. You then have the right to go wherever you wish. You would be friends with the whites. You could travel without any fear of them, if you would be honest and right.

Alquema the whites are not all alike some would say to them, You have no right on our land, we have bought it of you, clear out! And go back to your reserve.

[Interesting commentary by Alquema, modeling how the white settlers treat him now.]

Gov Gaines. The stipulations of the treaty we make with you, would protect you in your rights.

Alquema, some of the whites are foolish, they would whip and kick us, and tell us to go home.

Col. Allen, to the interpreters. Let them understand that we are willing to pay them for all the land they claim. We do not wish to drive the whites off their claims, it would be injurious to the interests of the Indians.

[Allen is not admitting to the tribes that the claims are illegal, so the white here are squatters, which he cares about more, then the welfare fo the tribes.]

Alquema, we want the whites on the other side of the creek. They would be too close to us, if we let them be so near our homes, they would ill-treat us, and kill us.

[Here again he is speaking from experience.]

Gov Gaines, the whites will not hurt you after the treaty. If one hurts you or molests you our government will punish them, We think the country is large enough for your tribe, without including the settlements. Besides you will receive from year to year, from our government the comforts of life, you will be protected in your rights and reserve, and you will be much happier, and much better off than you are now.

[This is a pure lie by Gaines. Tribal people were not allowed to testify in American courts because they were non-citizens. So crimes against the tribes were rarely investigated and few people were held accountable. See previous essays. Then he has no idea how the tribes would be treated on the reservations, and all of these promises turn out to be lies.]

Alquema, excited, we have been willing to throw away the rest of our country and reserve the land lying between the forks of the Santiam: you thought it was too much, then we agreed to take only half of it, and take in the people south of us, if they were willing. You thought it was too much; then we agreed to take this small piece between the creek and the north branch. You want us still to take less, we can’t do it, it is too small, it is tieing us up in too small a space.

Col Allen, we are willing to pay you for all the land you do not reserve, and we wish you to do this, because, we know it is best for you, We don’t wish to make you do anything, we tell you it is best for you because we think it is.

Gov. Gaines, think over it now, and come in again tomorrow.

Whereupon the council adjourned until 10 o’clock tomorrow morning.

Tuesday morning 10 o’clock council met pursuant to adjournment

The Board wished to obtain now accounts information of the price of the country this tribe wished to reserve. They therefore sent for persons old settlers in the country, who are intimately acquainted with it. They adjourned until the afternoon to await their arrival, and to obtain the desired information before discussing the matter further with the Indians.

[This consultation is not captured in the journal.]

Adjourned to 2 o’clock p.m.

2 o’clock p.m. council met pursuant to adjournment

Gov Gaines- to the interpreter- we wish you again to explain to the chiefs who desire no hand of their removing beyond the cascades, tell them, that, it is the desire of the Great Father, that they should go: that they will be provided there with a larger and as good a tract of country, as this they wish to reserve; that, they will be paid for all the country they claim here, that they do not reserve; that they will have a military force to protect them in the rights stipulated by the treaty we would make with them; that they and all their families, will be furnished with the comforts of life in the removal, and that they will be removed from among the whites entirely. Impress upon them the benefits that would arise to them by so doing, and that we are anxious for them to remove, because we think it is much better for them.

It was interpreted fully to them

Alquema, we understand fully what you mean and that it may be better for us, but our minds are made up. We wish to reserve this piece of land (placing his finger on the spot upon the map) we do not wish to leave this, we would rather be shot on it than to remove.

Seeing the great dislike they manifested, to the proposition of removing beyond the Cascades, and the impossibility of getting them to consent to it, the commissioner concluded to let them make the reserve bounded and lying as follows, to wit: commencing at the point, where the road crosses the north fork of the Santiam River at_______ Edgars, moving thence, in a south eastwardly direction so as to strike the first creek south of said river above the claim of _[Joseph]_ Crank: thence eastwardly, up said creek to the base of the Cascade Range: thence, north, along the base of said Range, to the north fork of the Santiam River: thence, down said river to the place of beginning: Provided, however, that all citizens of the United States who have taken claims within said reservation, agreeably to the provisions of an Act of Congress of the 27th September: “entitled An Act to create the office of surveyor General of the Public Lands, in Oregon, and to provide for the survey, and to make donations to settlers of said public lands”, who may entitle themselves to a grant from Government under the provisions of said Act, shall be in all things, protected therein. But no other persons will be allowed to settle or in any wise occupy any of the lands above described.

Alquema wished to know of the whites settled there at present would be allowed to build any more fences, than, what was at this time built.

Col. Allen, We want you to distinctly understand, that the whites must be allowed to retain the amount of land, the law allows them 640 acres, to do with as they choose.

[Again the law, The Oregon Donation Land Act, an illegal law as the tribes own all the land under US land law, until it is bought or acquired by conquest. Neither has occurred at this point.]

Alquema, we understand, he wanted to know then, if the whites would be allowed to cut timber off the land; and if ill disposed persons should ill treat them, what were they to do.

Gov. Gaines, no one will be allowed to cut the timber, and if any one ill treats you the Superintendent of Indian Affairs Dr. Dart or the agents under him will protect you.

Judge Skinner, are you willing to let the Kallapooyas south of you, (a small band of this tribe who claims south of them) come with you into this reserve you have made.

They all objected very decidedly

Alquema, said that the reserve was now to small and besides they didn’t like the band, they were quarrelsome mischievous fellows.

Gov Gaines, how many slaves have you in your tribe?

Tiacan we have none.

(Contrary to customs, generally with the tribes in Oregon, this tribe has no slaves)

Gov Gaines, How many men, women, male children and female children, are there in your tribe?

Ti a can 65 men, 10 male children, and 80 women and female children- not knowing how many female children than men.

Col. Allen, Do you desire teachers among you to teach your children?

Al que ma, said they didn’t want any

Col. Allen, asked if they wanted plows, and farming utensils generally.

They said they did not

[Interesting that they refused these things, yet later, all of these things are added to the treaties.]

The Board then proposed if they would cede the lands they claimed (except the reservation described) to the Government of the United States, that, they would give them fifty thousand dollars to be paid in twenty annual installments of twenty five hundred each; five hundred dollars each; five hundred dollars of which would be paid in cash, and the remainder to be expended in the purchase of two hundred and fifty blankets; 150 prs of pants 75 coats, woolen; 300 striped shirts; 250 prs of shoes; 75 hats or caps; 560 yards calico; 560 yards linsey plaid; 400 yds domestick shirting; 80 blanket shawls, and seven dozen pocket handkerchiefs. All of which to be good and substantial articles. The first payment to be made as soon after the ratification of the treaty as possible at the town of Salem in Marion Co. the distribution to be made by a disbursing officer of Government to the individuals of the tribe.

Considerable objection was made to the small proportion of the payment to be made in money.

Alquema said that the annuity for the first three years must be paid in money, and after that half of the annuity in money, and half in goods. If you will do that, it is good, and I agree to it.

Gov Gaines, we make you this proposition for your own benefit and good. It would be much more convenient for us to pay you in money exclusively, instead of going to the trouble of buying these articles for you. If we were to pay you in money, you would spend it directly, and derive no benefit from it. Bad men would get it from you very soon, without giving you any return for it. In being paid the larger proportion in goods, you will get good articles, and many more than you could purchase with the money if you should have it. In this way we propose you will all have enough. You will all be made comfortable, and all will be equally dealt with. You will all have blankets shoes & clothes, every year, sufficient, with care, for your comfort, then, with the money we give you, you will have sufficient to purchase any little articles, that you may need, that is not included among these specified.

Sophan, Said that the first whites who came into your country, and other white men since; had told them, that they would be paid in money. We wish to be paid in money, we can go then, and buy goods, if we want them.

[Someone tried to warn the tribes what the government would try. Or was this a ruse to get the money?]

Col Allen, it is those very men we wish to guard you against, as soon as you should get the money, they would get it away from you. They would swindle you out of it. They wish you to get money, it is the reason they told you so. They wish you to get your payments, all in money. It is more convenient for us to pay you in money, but it is not so well for you, it is best, for you to have payments in goods; then, they cannot get what is intended to make you more happy and better off away from you. We are your friends acting by instructions from your Great Father, and we wish you to think, that whatever we propose to you is for your benefit and good. We talk to you as Brothers, and we speak truth.

Sophan, We believe our Great Father, to be both great and good, and I believe you are our friends and Brothers. It may be best for us to have the goods as you say, we don’t wish to ask for what is wrong. Do for us, what you think is best we look to you as our Brothers. We are glad you talk so, we are glad to have such good friends, and so great a father.

Alquema, said he would be satisfied if $500 in cash, was added to the annuity.

The Board positively refused.

Gov. Gaines, we have offered, what we think is enough, and what we think will be best for you. We wish you to think us your best friends, and what we do is right.

Sophan, I am willing to trade in that way. I believe you to do what is right, and best for us, Don’t give us less though, than you do to others, it will make us appear like fools, and we will be laughed at by the others.

Gov Gaines, Ti a can! Do you think my proposition is right and do you consent to it?

Tiacan, Yes! It is good. I agree to it. I believe you are our friends.

Gov Gaines, Alquema! Will you accept my proposition, and do you think it is right?

Alquema, After some hesitation. Yes! It is good. I agree to it. He then arose, and said take care of us, and be our fathers and friends. I believe you are.

The Council then adjourned in order to draw up the treaty for the Signatories, until tomorrow morning 9 o’clock.

Wednesday morning 9 o’clock Council met pursuant to adjournment.

The following treaty was there read and fully explained to the chiefs. They then signed it with evidences of great good will and confidence.

Articles of agreement and treaty stipulations entered into at Champoeg in the Territory of Oregon on the 16th day of April S.D. 1851 by and between John P. Gaines Alonzo A. Skinner and Beverly S. Allen Commissioners plenipotentiary, on the part of the Government of the United States of America; and Tiacan alias Louis Principal Chief and Alquema alias Joseph and Sophan subordinate Chiefs of the Santiam Band of the Callapooya Tribe of Indians.

Article 1st The said Santiam Band of the Kallapooya Tribe of Indians, do hereby acknowledge and declare themselves lawfully, and exclusively under the jurisdiction of the Government of the United States and its laws and regulations for the intercourse of the whites with the Indians under the Government of said states: and they do further agree, that, perpetual peace and amity shall exist between them and the people of the United States: the said tribe, hereby, (swearing) themselves, most solemnly, never to give countenance or aid , to any tribe or band of Indians, or other person or persons, who, may at any time, be at enmity with the people of the United States: and that they will, at all times, hereafter, treat honestly and humanely every citizen of the United States, and all persons and powers at peace with the said states: and all cases of aggression, against or injuries inflicted upon said tribe, are to be referred to the aforesaid Government for adjustment and settlement.

Article 2nd  It is hereby agreed that the Government of the United States, binds itself (so long as said tribe shall comply with the stipulations of this treaty) to protect from and indemnify said tribe for any injuries inflicted upon them or their property by any citizen of citizens of the United States.

Article 3rd It is further agreed that, the said band or tribe, thereby cede to the Government of the United States the lands contained in the following founds (except the reservation herein after set forth) that is to say; Beginning at the mouth of a small creek emptying into the Wallamette River, a little below the Butte, in Marion County, thence up the said Wallamette River with it meanders, to a point fifteen miles, above the mouth of the Kallapooya River; thence east, to the base of the Cascades  Mountains; thence, northwardly along the base of the Cascade Range to the Moolalle River; thence in a westernly direction down said river to a point, due east from the place of beginning; thence due west to the beginning.

Article 4th The contrasting parties agree that said band or tribe shall reserve to their own use and control, within the bounds above set forth, with the provisions, to wit, Beginning at the point where the Road crosses the North fork of the Santiam River at ______ Edgars running thence in a south eastwardly direction, above the claim of ______ Crank  (Joseph Crank): thence, eastwardly up said creek, to the base of the Cascade Range: thence, north along said Range, to the North fork of the Santiam River; thence down said river to the place of beginning; provided however, that all citizens of the United States, who have taken claims, within said reservation , agreeably to the provisions of an Act of the Congress of the United States approved 2tth of September A.D. 1850, entitled “an act to create the office of survey or general of the Public Lands in Oregon, and to provide for the survey and to make donations to settlers of said public Lands”, and who may entitle themselves to a grant from the Government of the United States, under the provisions therein: and the same are hereby ceded to the United States for that purpose whenever the same shall be surveyed and marked out as is required by said act; but, no other person or persons from and after the date of this treaty, shall settle upon, or in anywise occupy said land described, within the bounds of this reservation.

Article 5th The Government of the United States, agrees, in consideration of the lands hereby ceded, to pay to said band or tribe, the sum of Fifty thousand dollars, to be paid in twenty annual installments, of twenty five hundred dollars each, five hundred dollars of which is to be paid in cash, and the remainder to be expended in the purchasing of two hundred & fifty blankets; one  hundred and fifty pairs of pants; seventy five coats; three hundred striped shirts’ two hundred and fifty pairs of shoes; seventy five hats or caps; five hundred and sixty yards of calico; five hundred and sixty yards of linsey plaid; five hundred yards domestic shirting; eighty blanket shawls; and seven dozen pocket handkerchiefs.  All of which are to be good and substantial articles. The first payment to be made as soon after the ratification of the treaty by the President of the United States, by and with, the advise and consent of the Senate, as practicable; all said payments to be made in the town of Salem in Marion County; the distribution of the same to be made by a disbursing officer of the United States, to the individuals of said tribe, due notice being given to said tribe, to assemble and receive the same.

In testimony whereof we have signed this treaty and affixed our seal, at Champoeg in the Territory of Oregon the day and year above written.

In Presence of

John P. Gaines {seal},

Alonzo A. Skinner {seal},

Beverly Allen {seal}

Commissioners

Edm A. Starling, Seect. To the Bd of Com

Robt Newell- Interpreter

George Gibbs- Commissary

J.L. Parrish, Ind. Sub. Agt.

John  {his mark} De Porte

Henri M. Shase

Geo. C. Lawton

Ti-a-can {his mark} alias Louis {seal}

Al Q uema {his mark} Alias Joseph {seal}

Sophan {X His Mark} {seal}

165 men, women & children

[the assembled tribe is around them.]

[1] Gaines was governor of the Oregon territory at this time.

___________________________________________________

Reference

RG 75 Records of the Oregon Superintendency of Indian Affairs, 1848-1873, M2, Oregon Territory, Roll 28

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2 Comments on “The 1851 Treaty Commission Journal: Santiam Kalapuya Negotiations

  1. Pingback: Rejection of the Nineteen 1851 Oregon Treaties – NDNHISTORYRESEARCH

  2. Pingback: Origins of the Willamette Valley Treaty Map of 1851 – NDNHISTORYRESEARCH

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