Text for Agreement signed by Adam Johnston, Isaac H. Marks and Samuel Stone, 1851

              [Agreement P. 1]

State of California, Mariposa County 

Whereas the United States Indian commissioners, Redick McKee, George W. Barbour, and O. M. Wozencraft did, on the 19th day of March, A. D. 1851, enter into and conclude a treaty of peace with certain tribes or bands of Indians, by which a portion of land lying between the Mercede and Tuolumne rivers was set apart for the sole use and occupancy of said Indians ; and whereas Isaac H. Marks and Samuel Stone, with others, trading under the name and style of Stone & Marks, residing within the limits of said reservation so set apart for the use of said Indians, are carrying on a mercantile business connected with a tavern or house of public entertainment, and a ferry across the Mercede river, for which the said firm has paid a license of three hundred dollars to the State of California, by order of the court of sessions for the county of Mariposa, for one year from and after the 1st day of March, A. D. 1851; and whereas said persons are desirous of complying with the United States laws "relating to Indian affairs," and in order to protect their rights, and the rights of those connected in business with them, it is hereby agreed between said Isaac H. Marks and Samuel Stone, for themselves and those connected in business with them, and Adam Johnston, United States Indian agent, to submit for consideration and adjustment what the amount of damages accruing to said firm of Stone & Marks shall be, to three disinterested individuals:

In order that said persons may the more properly and equitably conclude upon and estimate the amount of said damages, the following facts are agreed upon between the parties to wit:

1. That the lands upon which said firm is located belong 

[P. 2]

to the government of the United States.

2. That the right of possession is guarantied to actual settlers by the laws of Congress.

3. Said firm is in occupancy of three canvass tents, or houses, on the northern side of the Mercede river, and within said Indian reservation. 

4. That the landing on the northern side of the Mercede river, of the ferry belonging to Stone & Marks, is included within the Indian reservation.

5. Said firm has erected a corral and enclosed two garden lots near to their place of residence, which is now under cultivation.

6. Said Marks was a settler upon the Mercede river sixteen months before the date of this agreement.

7. Possession of said premises, including tents, boat, ropes, together with all appurtenances, to be delivered to said Adam Johnston, Indian agent, on the 8th day of June, A. D. 1851. 

8. The decision of said arbitrators to be final, and the amount awarded by them to the said firm of Stone & Marks, as damages, to be well and truly paid by the government of the United States on or before the 1st day of February, A. D. 1852--this agreement being concurred in by the United States government. And it is further agreed upon by and between the above named parties to this contract, that Owen O'Connell, Jonathan L. Sampson, and James R. Reynolds, all of the county of Mariposa, and State of California, be chosen as such arbitrators with 

[P. 3]

full power to act in the premises, by whose decision we, the aforesaid parties, do by this instrument bind ourselves to be governed.

Given under our hands and seals on this the 4th day of June, A. D. 1851.

Adam JOhnston [seal] 
United States Indn Agt

Isaac H. Marks [seal]

Samuel Stone [seal]
By Jas. W. Laird, for Saml. Stone.

In presence of--
Alonzo W. Adams,
Charles Krinff.