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A Case Study of a Northern California Indian Tribe - Cultural Change to 1860 (1977) (109 pages)
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Page: of 109
Document 2. The Sutter-Marshall Lease With the Yalesumney
Nisenan, 1848, 225
This indenture made the first day of January in the year of our Lord
One thousand Eight hundred and forty eight between Pulpuli and Gesu, Chiefs.
Colule and Sole, Alcaldes of the Yalesumney tribe on the part of said tribe of
the Territory of Upper California on the one part, and John A. Sutter and
James W. Marshall of the Territory of Upper California, Sacramento District
of the other part. Witnesseth, That the said Pulpuli, Gesu, and Colule § Sole for
in consideration of the yearly rents and convenants hereinafter mentioned and
reserved on the part and behalf of the said Pulpuli, Colule, § Sole as agents
for the Yalesumney tribe their heirs, executors and administrators doth rent
and lease unto Sutter and Marshall the following described track (tract) of
Land for the term of twenty years, beginning at the mouth of a small creek
empties into the south branch of the American Fork, a tributary of the Sacramento
River thence north one mile from said fork on the north side at the distance of
one mile from said stream to a point three miles above a saw mill building by
Said Sutter and Marshall thence in a south east direction until it strikes crossing
the south branch the said Pumpumel Creek thence down the same to the point of
beginning and likewise grant to the said Sutter and Marshall the right and
privilege of cutting lumber at any point on or near the said south fork and to
float the same down the said stream and the privilege of making a road from said
mill to New Helvetia the same grant being made for the following purposes and
conditions, viz. the said Sutter and Marshall to have the right to erect a saw
mill and what other machinery necessary for their purpose and cultivate such land
as they may think proper and likewise open such mines and work the same as the
said aforsaid tract of land may contain, the said tribe reserving to themselves
the individual residence of said tract of land excepting such as may be enclosed
by said Sutter and Marshall. The said Sutter §& Marshall doth bind themselves to
erect one pair of mill stones and to grind the grain for said tribe taking one
bushel in eight and to pay on the first day of January each year one hundred and
fifty dollars to Pulpuli, Gesu, Colule § Sole their heirs and assigns for the use
of said Yalesumney tribe during the term aforesaid said payment to be made in
clothing and farming utensils for the common use and benefit of said tribe at the
fair market value; and the said Sutter and Marshall of the second part to the
expiration of said term agree and bind themselves their heirs and assigns to give
quiet and peaceable possession of the aforesaid premises unto the said Pulpuli,
Gesu, Colule and Sole their heirs and assigns they paying the said Sutter and
Marshall a reasonable price for the mill and buildings that may be put on the
said premises by them.
In witness whereof the said parties of the first and second part set their
names and seals. Done this the fourth day of February in the year of our Lord one
thousand Eight hundred and forty eight.
53