THE TREATY UF 1864. Ixv 



to be paid ouly after the ratification of the treaty by the President and the 

 Senate, which did not take place till five years after the conclusion, viz, 

 February 17, 1870. Meanwhile the Indians were always subject to the 

 possibility of being removed tVom the homes of their ancestors by the stroke 

 of a pen. The bungling composition of the document appears from the fact 

 that a grave mistake was committed by inserting the term "east" instead 

 of west (italicized in our text above), and by not mentioning the land 

 grant made to the Oregon Central Military Wagon Road Company before 

 1864, which, when insisted upon, would, with its twelve-mile limits, take 

 away the best parts of the Reserve, the Sprague River Valle}^, for instance. 

 At the time when I visited the country, in the autumn of 1877," the Klamath 

 Lake Indians showed much animosity against the settlers establishing them- 

 selves within their domain. The company having left many portions of 

 their projected wagon road unfinished, Congress, by act approved March 2, 

 1889, directed the Attorney-General to cause suits to be brought within six 

 months from that date, in the name of the United States, in the United 

 States Circuit Court for Oregon, to try the questions, among others, of the 

 seasonable and proper completion of said road, and to obtain judgments, 

 which the court was authorized to render, declaring forfeited to the United 

 States all lands lying conterminous with those parts of the road which were 

 not constructed in accordance with the requirements of tlie granting act. 

 (Cf on this subject Ex. Doc. 131, House of Representatives, Forty -ninth 

 Congress, first session, and Ex. Doc. 124, Senate, Fiftieth Congress.) 



The first representative of the Government, Subagent Lindsey Apple- 

 gate, erected some buildings at the northwest point of Upper Klamath 

 Lake, called Skohuashki (abbr. Kohashti); but as early as 18GG he called 

 attention to the tact that the place Iiad no suitable water-power, but that 

 three miles above the little creek at Beetle's Rest was a most excellent 

 motor for driving a saw-mill and a grist-mill, and, being on the edge of the 

 pine woods, was a well-fitted and shady place for the agency buildings. 

 This advice was followed in 1868, two years before the ratification of the 

 treaty. In tlie same vear the old practice of cremating- dead bodies was 

 abandoned and inluuiiation introduced. The o-rave-vard was established 

 around the ash-pile of cremation, still vi.sible in 1877, and in 1878 a second 



V 



