California Treaty R: Camp in Scott's Valley, 1851 (unratified)
At Scott's Valley in 1851, Upper Klamath, Shasta and Scott's River peoples gave up land claims for a reservation; the Senate never ratified it.
- Signed
- November 4, 1851
- Senate
- Never ratified
- Land given up
- about 3.6 million acres
- Land set aside for the nations
- about 662,000 acres
The Senate never ratified this treaty, so under U.S. law it never took effect, even when the government acted on it.
What happened
What happened
On November 4, 1851, at a camp in Scott's Valley, Shasta County, Indian agent Redick McKee made a treaty of peace and friendship with chiefs, captains and head men representing the Upper Klamath, Shasta and Scott's River Indians. The text counts their villages as twenty-four, nineteen and seven. In Article 3 they agreed to "sell, cede, relinquish, and forever quit claim" to the United States all their interest in the lands they occupied and in all other lands in California. Article 4 set apart a reservation around Scott's Valley. Article 5 had the tribes move there within two years, or sooner if the Indian agent required.
Article 7 promised 200 head of beef cattle and 200 sacks of flour in each of 1852 and 1853, plus blankets and clothing. Article 9 promised to fence 1,000 acres. Article 10 kept a one-mile belt on the eastern and southern sides of the reservation within the jurisdiction of the United States.
None of it took effect. It was one of 18 treaties made in California in 1851 and 1852. The National Archives' Prologue magazine says the senators found the commissioners' appointments irregular, were unsure whether Mexico had recognized native land title, and heard strong objections from white Californians. The Senate "rejected the treaties and, following Senate rules, imposed an injunction of secrecy on them." With the treaties rejected, Indian title was left unresolved. Prologue adds that Indians of California later sought compensation for lands taken without payment in a case before the Indian Claims Commission. It reports that "the case was decided in favor of the Indians."
Good to know. Sources give July 2 or July 8, 1852 as the date the Senate rejected it.
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
hereby jointly and severally sell, cede, relinquish, and forever quit claim to the United States
Tribal Treaties Database (Oklahoma State University): Treaty with the Upper Klamath, Shasta, and Scott's River, 1851all their right, title, claim or interest of any kind which they or either of them have to the lands they now occupy
Tribal Treaties Database (Oklahoma State University): Treaty with the Upper Klamath, Shasta, and Scott's River, 1851the Senate rejected the treaties and, following Senate rules, imposed an injunction of secrecy on them
National Archives, Prologue: The Secret Treaties With California's Indians (Larisa K. Miller, 2013)The case was decided in favor of the Indians.
National Archives, Prologue: The Secret Treaties With California's Indians (Larisa K. Miller, 2013)
Research notes. Prologue gives July 2, 1852 for the Senate's rejection; OSU cites the Senate Executive Journal of July 8, 1852, so only 'in 1852' is stated. The cited sources do not identify the signers' present-day nations. The treaty text gives no acreage.
What the treaty did to the land
About 3.6 million acres given up. about 662,000 acres recognized, kept or set aside for the nations. Each shape is a numbered area in the federal government’s 1899 record of land cessions.
ceded to the United Statesabout 3.6 million acres
Land of the E-eh, I-da-kar-I-waka-ha and others in California, ceded 1851 (area 306)
Land outside the reserve that the I-ka-ruck, Ko-se-tah and other bands were to give up under a November 1851 treaty that was never ratified.
set aside as a reservationabout 662,000 acres
Reservation of the E-eh, I-da-kar-I-waka-ha and others in California (area 305)
Set aside as a reservation on the upper Klamath River for the I-ka-ruck, Ko-se-tah and other bands by an 1851 treaty that was never ratified; not a cession.
What happened next
Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.
- 1851
This treaty
About 3.6 million acres ceded to the United States by the E-eh, I-da-kar-I-waka-ha and others. About 662,000 acres set aside as a reservation for the E-eh, I-da-kar-I-waka-ha and others
At Scott's Valley in 1851, Upper Klamath, Shasta and Scott's River peoples gave up land claims for a reservation; the Senate never ratified it.
- 1852
Promise broken
California: 18 unratified treaties (1851-52) and the secrecy until 1905
Eighteen 1851-52 treaties promised California tribes reserved land; the Senate rejected them in secret and kept them sealed until 1905.
- 2026
Related history
California goal of 7.5 million acres under tribal stewardship
California's Natural Resources Agency set a goal in March 2026 of at least 7.5 million acres, about 7% of the state, under tribal stewardship.
- 2026
Related history
Mechoopda regain 450 acres in Big Chico Creek watershed
The Mechoopda Tribe reportedly took back about 450 acres beside the Big Chico Creek watershed in June 2026, per one local report.
- Date unknown
Related history
California Tribal Nature-Based Solutions land return program
California's Tribal Nature-Based Solutions program funds tribal land returns; its 2024 awards supported about 38,950 acres.
Who is doing the work today
The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.
Who is doing the work
This history belongs to living nations. Start with them:
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
Research notes
Letter A-R follows Heizer (1972) schedule. U.S. commissioner(s): McKee. Tribal names as printed in Heizer, in 1850s spellings; present-day nation identification needs tribal consultation. Senate rejected all 18 in secret session 1852-07-08 (Heizer, Mechoopda); Prologue (NARA) article says 1852-07-02. Injunction of secrecy lifted 1905-01-18. Total proposed acreage not stated in Heizer; Mechoopda page says 'more than eight million acres' for all 18 (self-described tribal source).
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.