United States v. Forty-Eight Pounds of Rising Star Tea

It is not denied that the claimant traded with the Indians residing on what has been known as the “ Klamath River Reservation” in this state. The question to be considered is, is the land so known “Indian country” within the meaning of the section referred to. The Klamath Indian reservation was created by executive order, dated *404 November 16,1855, pursuant to the act of March 3,1855. It embraced a tract of land extending 20 miles up the river from its mouth, and one mile in. width on each side of the river. It would seem from official reports that during the years following the establishment of the reservation some 2,500 Indians were collected upon it. In 1861 nearly all its arable lands, with the improvements thereon, were destroyed by floods, and the reservation was rendered almost worthless. In this condition of affairs the Indian agent, Mr. Hanson, strongly urged the selection of a new reservation to replace the destroyed Klamath reservation. This recommendation was adopted, but, it would seem, merely as a temporary refuge for the Klamath Indians; and on the 9th of April, 1862, the lands known as “Smith River Reserve,” or such of them as had not already been purchased by…