Agreement with the Indians of the Klamath reservation, 1898

ORIGINAL SIGNATORIES

SUCCESSOR IN INTEREST (TRIBES)

KEY PROVISIONS

HISTORICAL NOTES

Agreement with the Indians of the Klamath reservation, 1898

Whereas Congress, under the provisions of an act approved July 1st, 1898, entitled "An act making appropriation for the current and contingent expenses of the Indian department and for fulfilling treaty stipulations with the various Indian tribes, for the fiscal year ending June 30th, 1899, and for other purposes," authorized and directed the Secretary of the Interior to negotiate through an inspector with the Klamath and other Indians, joint occupants of the Klamath Reservation, State of Oregon, under the provisions of the treaty made and concluded with the said Klamath and other Indians Oct. 14, 1864, and proclaimed Feb. 17, 1870, 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 to any and all matters growing out of the occupation of said reservation under said treaty; and

Whereas the said Klamath and other Indians are willing to dispose of a portion of the tract of land in the State of Oregon reserved as a home for their use and occupation by the first article of the treaty between said Indians and the United States concluded Oct. 14, 1864: Now, therefore, this agreement made and entered into (in pursuance of the provisions of said act of Congress approved July 1st, 1898) at the Klamath Agency, Oregon, by William J. McConnell, United States Indian inspector, on the part of the United States, and the principal men and male adults of the Klamath and other Indians located on said Klamath Reservation, witnesseth:

ARTICLE 1.

The said Klamath and other Indians hereby cede, sell, relinquish, and convey 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 concluded Oct. 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 is understood that the portion of the Klamath Reservation thus sold, released, and conveyed to the United States approximates 617,490 acres, as estimated by the boundary commission aforesaid; but that the number of acres, which is hereby ceded and relinquished, shall be finally determined by the resurvey of the exterior boundaries of the Klamath Reservation as provided in act of Congress approved July 1st, 1898.

ARTICLE 2.

In consideration of the lands ceded, relinquished, and conveyed as aforesaid, and for all claims arising out of the erroneous survey of the reservation boundary in 1871, the United States stipulates and agrees to pay the said Klamath and other Indians the sum of five hundred and thirty-three thousand two hundred and seventy (533,270) dollars; Provided, that if, when the survey of the boundary, as arranged for in act approved July 1st, 1896, is completed, it is found that more than six hundred and seventeen thousand four hundred and ninety (617,490) acres were cut off and excluded from the original boundary of the Klamath Reservation as described in the treaty made October 14, 1868, then there shall be added to the purchase price named ($533,270) the value of the number of acres in excess at 86 and 86/100 cents per acre; but if the acreage is found to be less than the value of the shortage, at the same price per acre, shall be deducted from the total sum named.

ARTICLE 3.

It is agreed that the said amount ($533,270), more or less, as may be determined by result of survey, after the payment of legal fees of attorneys having approved contracts, shall, until Congress further provides, be deposited in the Treasury of the United States to the credit of the aforesaid Klamath and other Indians, and shall draw interest at the rate of five per centum per annum, which interest shall be paid to the said Indians annually per capita.

It is understood and agreed that the above-named sum ($533,270), or such amount as may be left after the payment of fees of attorneys having approved contracts, shall be and remain in the Treasury as before provided, until such time as the Klamath and other Indians of the Klamath Reservation shall, by petition through the United States Indian agent and Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior, ask to have such sums paid to them per capita from time to time as the needs of the aforesaid Indians require.

ARTICLE 4.

It is agreed that the lands by this agreement ceded, those retained, and those allotted to the Klamath and other Indians, shall be subject to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country, and that the Klamath and other Indian allottees, whether under the care of an Indian agent or not, shall be subject to all the laws of the United States prohibiting the sale or other disposition of intoxicants to Indians.

ARTICLE 5.

It is further agreed that so long as the United States maintains an Indian boarding school or schools on the Klamath Reservation, the attendance and control of the pupils shall be governed by the regulations of the Indian Office.

ARTICLE 6.

The existing provisions of all treaties with the said Klamath and other Indians, not inconsistent with the provisions of this agreement, are hereby continued in full force and effect.

ARTICLE 7.

This agreement will not take effect and be in force until ratified by the Congress of the United States. In witness whereof the said William J. McConnell, United States Indian inspector, on the part of the United States, and the principal men and other male adults of the Klamath and other tribes of Indians of the Klamath Reservation, have hereunto set their hands.

Concluded at the Klamath Agency, Oregon, on this twenty-seventh day of December 1898.

Wm. J. McConnell,
United States Indian Inspector.

1. Harrison Brown, Chairman (his x mark).
2. Henry Wilson, Secretary..
3. Rev. Jesse Kirk, Delegate.