Agreement with the Modoc, 1864




Agreement with the Modoc, 1864

To the Indians now assembled:

The white Chief has called you together to arrange a settlement of all past difficulties among yourselves or with the whites. With this purpose he has, through me his agent, had you hold a council among yourselves, and you have settled all your difficulties. The white Chief now wishes a good understanding with you all and his people. The white Chief does not buy friendship or peace but wishes a peace because it is better for both parties to live in friendship. Are you willing to enter into a treaty upon such a basis?

They all answer they desire so to do.


You, Sconges and La Lakes, and other chiefs of the Modoc and Klamath Indians, and John and Jim, of the Scott's Valley and Hamburg Indians, and Josh and Jack, for the Shastas, agree to live in peace and friendship with each other from this time on. You agree that you will not kill each other, or steal one from the other tribes or singly. You agree that any one Indian or squaw may travel through your country safely, and if any Indian break this agreement the chief shall give him or her up to the soldiers for punishment.


You all agree to live on terms of friendship and peace with the white men, and the negroes and Chinamen living under white men's laws. That they may pass in numbers of one or more through your country in pursuit of mines, or on their business, without being molested, taxed for right of way, or frightened to give their goods, property, or money to the Indians; but you may charge a fair price for ferrying them acrose rivers, or guiding them across the country when they wish to hire you.


When you come into white settlements or camps, you shall not get drunk or steal either small things or great. You shall not rob Chinamen of their gold, or rob their sluice boxes. You shall remain out of town, and in your camps, nights. And you shall not sell to white men or others Indian children, either of your own tribe or of other tribes, and you shall not sell, except to Indians, any squaws, unless the person buying will go before the white man's judge and marry the squaw sold him.


The great white Chief desires that all people, Indians as well as white men, should live in peace and have no more war, and particularly that the Modoc Indians should not go into the country of the Pitt Rivers to fight or steal squaws or children to sell them. Do you agree to let them alone if they do not trouble you?


You, Indians of the Modoc and Klamath Lake country, are subject to the inspection, protection, and restraint of the officers of Fort Klamath. Do you agree to submit yourselves and your difficulties to them for adjustment and settlement, and, in case of any trouble with white men, to go and state your difficulties to the officers at that fort?


Indians, except in the unsettled country, or when hunting, shall not pack (carry ) guns or bows and arrows; shall not bring them into the white settlement, except to get them repaired; and when you come into the settlements you shall leave your guns in camp.


On the part of the white Chief, we agree to give you a right to come to our settlements, and we will protect you at all proper times. When coming to the settlements you should get a paper pass from the officers at the fort. This was agreed to in council before the undersigned witnesses.

E. W. Potter,
Justice of the Peace.

D. Keam,

E. S. Steele,
Sup'g Agent Indian Affairs, Northern District, California.

H. K. White.

T. S. Ball,
Interpreter for the Modocs.