Treaty of 1864

Did you know,

October 14th, 2017, marked the 153 Year/Anniversary of the signing of the Klamath Tribes Treaty of 1864

Lest we forget…

Attached and below is the Commemoration Poster that was produced in 2014 to recognize this time in history and to honor the “27” Treaty Signers of the Klamath/Modoc/Yahooskin-Paiute – Treaty of 1864


Poster Photo Back Row, left to right: Tom Chocktoot (also known as Stak-it-ut, original signer, Paiute Indian Chief); Jack Palmer (descendant of original signer “palmer”); Captain Oliver Cromwell Applegate (former superintendent of Klamath Indian Agency); Reverend Jesse Lee Kirk Sr. (descendant of original signer “kellogue”); and Eugene Henry (we believe a Klamath Agency clerk). Front Row, left to right- Original Treaty Signers Seated: Moghengaskit, (also known as Moses Brown, Klamath Headman, from the Klamath Marsh); Long John (Modoc Indian); Chief Lalo (also known as Jena-jens, Klamath Indian); Agency George (Klamath Indian); Henry Blow (Klamath Indian).

Sovereignty is the right, power and authority to govern. The Klamath, Modoc and Yahooskin Paiute Tribes have inherent sovereignty – sovereignty bestowed upon us by our Creator when we were placed here, and affirmed by the willingness of our people to be governed by our own laws. Our sovereignty predates the sovereignty of the United States, having existed for thousands of years.

NOTE: There were 27 original signers of the Treaty of 1864, however, a photo was not taken at that time.

ORIGINAL 1864 TREATY SIGNERS INCLUDED: La-lake, Chil-o-que-nas, Kellogue, Mo-ghen-gas-kit (also known as Moses Brown, Klamath Headman, from the Klamath Marsh), Blow (also known as Henry Blow, Klamath Indian), Lalo (a Klamath signer), Palmer, Jack, Que-ass, Poo-sak-sult, Che-mult, No-ak-sum, Mooch-kat-allick, Toon-tuc-tee, Boss-Ki-you (also known as Allen David, Klamath signer also known as Bo-co-pa in the Klamath language), Ski-at-tic, Shol-lal-loos, Tat-tet-pas, Muk-has, Herman-Kus-mam, Jackson, Schon-chin (also known as Old Schonchin, brother to Schonchin John, Modoc Indian), Stak-it-ut (also known as Tom Chocktoot, Paiute Indian Chief), Keintpoos (also known as Captain Jack, Modoc Indian), Chuck-e-i-ox (also known as Njakeaks, Modoc Indian), Kile-to-ak (also known as George Modoc Johnson, Yahooskin Snake Indian), and Sky-te-ock-et (also known as Pete Chocktoot, Paiute Indian).

*This treaty was signed in the presence of: R.P. Earnhart, Secretary; Wm. Kelly, Captain First Cavalry, Oregon Volunteers; William C. McKay, M.D., and Robert Biddle. In 1870 the Klamath Tribes Treaty of 1864 was ratified and proclaimed by the U.S. Senate and President Grant of the United States of America.


A Treaty is a formal, written agreement between sovereigns. The United States Constitution recognizes treaties as a “Supreme Law of the Land.” (Article 6, Clause 2). The Treaty of 1864 was and is a recognition of our inherent sovereignty by the United States, and the right of our people to retain a homeland. Although U.S. law is imperfect, our Treaty has continued to serve us for Seven Generations, as demonstrated by these cases:

Kimball I (1974):

The Klamath Tribes “may

exercise their treaty hunting,

trapping, and fishing rights

free of state fish and game


Kimball II (1979):

“…the treaty hunting, fishing,

and trapping rights survived

the Klamath Termination Act

for all members….”

US v Adair (1983):

“…the Tribe and its members

have water rights sufficient to

maintain their treaty rights to

hunt and fish on the former