TREATY WITH THE QUINAIELT, ETC., 1855.

July 1, 1855. Jan. 25, 1856. | 12 Stats., 971. | Ratified Mar. 8, 1859. | Proclaimed, Apr. 11,

1859.

Articles of agreement and convention made and concluded by and between Isaac I. Stevens,

governor and superintendent of Indian affairs of the Territory of Washington, on the part of the

United States, and the undersigned chiefs, headmen, and delegates of the different tribes and

bands of the Qui-nai-elt and Quil-leh-ute Indians,on the part of said tribes and bands, and duly

authorized thereto by them.

 

ARTICLE 1.

The said tribes and bands hereby cede, relinquish, and convey to the United States all their right,

title, and interest in and to the lands and country occupied by them, bounded and described as

follows: Commencing at a point on the Pacific coast, which is thesouthwest corner of the lands

lately ceded by the Makah tribe of Indians to the United States, and running easterly with and

along the southern boundary of the said Makah tribe to the middle of the coas trange of

mountains; thence southerly with said range of mountains to their intersection with the dividing

ridge between the Chehalis and Quiniatl Rivers; thence westerly with said ridge to the Pacific

coast;thence northerly along said coast to the place of beginning.

 

ARTICLE 2.

There shall, however, be reserved, for the use and occupation of the tribes and bands aforesaid, a

tract or tracts of land sufficient for their wants within the Territory of Washington, to be selected

by the President of the United States, and hereafter surveyed or located and set apart for their

exclusive use, and no white man shall be permitted to reside thereon without permission of the

tribe and of the superintendent of Indian affairs or Indian agent. And the said tribes and bands

agree to remove to and settle upon the samewithin one year after the ratification of this treaty, or

sooner if the means are furnished them. In the meantime it shall be lawful for them to reside upon

any lands not in the actual claim and occupation of citizens of the United States, and upon any

lands claimed or occupied,if with the permission of the owner or claimant. If necessary for the

public convenience, roads may be run through said reservation on compensation being made for

any damage sustained thereby.

 

ARTICLE 3.

The right of taking fish at all usual and accustomed grounds and stations is secured to said Indians

in common with allcitizens of the Territory, and of erecting temporary houses for thepurpose of

curing the same; together with the privilege of hunting, gathering roots and berries, and pasturing

their horses on all open and unclaimed lands. Provided, however, That they shall not take shell-fish from any beds staked or cultivated by citizens; and provided, also, that they shall alter all stallions not intended for breeding, and keep up and confine the stallions themselves.

 

ARTICLE 4.

In consideration of the above cession, the United States agree to pay to the said tribes and bands

the sum of twenty-five thousand dollars, in the following manner, that is to say: For the first year

after the ratification hereof, two thousand five hundred dollars; for the next two years, two

thousand dollars each year: for the next three years, one thousand six hundred dollars each year:

for the next four years, one thousand three hundred dollars each year; for the next five years, one

thousand dollars each year; and for the next five years, seven hundred dollars each year. All of

which sums of money shall be applied to the use and benefit of the said Indians under the

directions of the President of the United States, who may from time to time, determine at his

discretion upon what beneficial objects to expend the same; and the superintendent of Indian

affairs, or other proper officer, shall each year inform the President of the wishes of said Indians in

respect thereto.

 

ARTICLE 5.

To enable the said Indians to remove to and settle upon such reservation as may be selected for

them by the President, and to clear, fence, and break up a sufficient quantity of land for

cultivation, the United States further agree to pay the sum of two thousand five hundred dollars,

to be laid out and expended under the direction of the President, and in such manner as he shall

approve.

 

ARTICLE 6.

The President may hereafter, when in his opinion the interests of the Territory shall require, and

the welfare of the said Indians be promoted by it, remove them from said reservation or

reservations to such other suitable place or places within said Territory as he may deem fit, on

remunerating them for their improvements and the expenses of their removal, or may consolidate

them with other friendly tribes or bands, in which latter case the annuities, payable to the

consolidated tribes respectively, shall also be consolidated: and he may further, at his discretion,

cause the whole or any portion of the lands to be reserved, or of such other land as may be

selected in lieu thereof,to be surveyed into lots, and assign the same to such individuals orfamilies

as are willing to avail themselves of the privilege, and will locate on the same as a permanent

home, on the same terms and subject to the same regulations as are provided in the sixth article of

the treaty with the Omahas, so far as the same may be applicable. Any substantial improvements

heretofore made by any Indians, and which they shall be compelled to abandon in consequence of

this treaty, shall be valued under the direction of the President, and payment made accordingly

therefor.

 

ARTICLE 7.

The annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals.

 

ARTICLE 8.

The said tribes and bands acknowledge their dependence on the Government of the United States,

and promise to be friendly with all citizens thereof, and pledge themselves to commit no

depredations on the property of such citizens; and should any one or more of them violate this

pledge, and the fact be satisfactorily proven before the agent, the property taken shall be returned,

or in default thereof, or if injured or destroyed, compensation may be made by the Government

out of their annuities. Nor will they make war on any other tribe except in self-defence, but will

submit all matters of difference between them and other Indians to the Government of the United

States, or its agent, for decision and abide thereby; and if any of the said Indians commit any

depredations on any other Indians within the Territory, the same rule shall prevail as is prescribed

in this article in case of depredations against citizens. And the said tribes and bands agree not to

shelter or conceal offenders against the laws of the United States, but to deliver them to the

authorities for trial.

 

ARTICLE 9.

The above tribes and bands are desirous to exclude from their reservations the use of ardent

spirits, and to prevent their people from drinking the same, and therefore it is provided that any

Indian belonging to said tribes who is guilty of bringing liquor into said reservations, or who

drinks liquor, may have his or her proportion of the annuities withheld from him or her, for such

time as the President may determine.

 

ARTICLE 10.

The United States further agree to establish at the general agency for the district of Puget Sound,

within one year from the ratification hereof, and to support for a period of twenty years, an

agricultural and industrial school, to be free to the children of the said tribes and bands in common

with those of the other tribes of saiddistrict, and to provide the said school with a suitable

instructor or instructors, and also to provide a smithy and carpenter’’s shop, and furnish them

with the necessary tools, and to employ a blacksmith, carpenter, and farmer for a term of twenty

years, to instruct the Indians in their respective occupations. And the United States further agree

to employ a physician to reside at the said central agency, who shall furnish medicine and advice

to their sick, and shall vaccinate them; the expenses of the said school, shops, employees, and

medical attendance to be defrayed by the United States, and not deducted from their annuities.

 

ARTICLE 11.

The said tribes and bands agree to free all slaves now held by them, and not to purchase or

acquire others hereafter.

 

ARTICLE 12.

The said tribes and bands finally agree not to trade at Vancouver's Island or elsewhere out of the

dominions of the United States, nor shall foreign Indians be permitted to reside on their

reservations without consent of the superintendent or agent.

 

ARTICLE 13.

This treaty shall be obligatory on the contracting parties as soon as the same shall be ratified by

the President andSenate of the United States.

 

In testimony whereof, the said Isaac I. Stevens, governor and superintendent of Indian affairs, and

the undersigned chiefs, headmen, and delegates of the aforesaid tribes and bands of Indians, have

hereunto set their hands and seals, at Olympia, January 25, 1856, and on the Qui-nai-elt River,

July 1, 1855.

 

Isaac I. Stevens, Governor and Sup’’t of Indian Affairs.

Tah-ho-lah, Head Chief Qui-nite-’’l tribe, his x mark. [L. S.]

How-yat’’l, Head Chief Quil-ley-yute tribe, his x mark. [L. S.]

Kal-lape, Sub-chief Quil-ley-hutes, his x mark. [L. S.]

Tah-ah-ha-wht’’l, Sub-chief Quil-ley-hutes, his x mark. [L. S.]

Lay-le-whash-er, his x mark. [L. S.]

E-mah-lah-cup, his x mark. [L. S.]

Ash-chak-a-wick, his x mark. [L. S.]

Ay-a-quan, his x mark. [L. S.]

Yats-see-o-kop, his x mark. [L. S.]

Karts-so-pe-ah, his x mark. [L. S.]

Quat-a-de-tot’’l, his x mark. [L. S.]

Now-ah-ism, his x mark. [L. S.]

Cla-kish-ka, his x mark. [L. S.]

Kler-way-sr-hun, his x mark. [L. S.]

Quar-ter-heit’’l, his x mark. [L. S.]

Hay-nee-si-oos, his x mark. [L. S.]

Hoo-e-yas’’lsee, his x mark. [L. S.]

Quilt-le-se-mah, his x mark. [L. S.]

Qua-lats-kaim, his x mark. [L. S.]

Yah-le-hum, his x mark. [L. S.]

Je-tah-let-shin, his x mark. [L. S.]

Ma-ta-a-ha, his x mark. [L. S.]

Wah-kee-nah, Sub-chief Qui-nite’’l tribe, his x mark. [L. S.]

Yer-ay-let’’l, Sub-chief, his x mark. [L. S.]

Silley-mark’’l, his x mark. [L. S.]

Cher-lark-tin, his x mark. [L. S.]

How-yat-’’l, his x mark. [L. S.]

Kne-she-guartsh, Sub-chief, his x mark. [L. S.]

Klay-sumetz, his x mark. [L. S.]

Kape, his x mark. [L. S.]

Hay-et-lite-’’l, or John, his x mark. [L. S.]

Executed in the presence of us; the words ““or tracts,”” in the II. article, and ““next,”” in the IV.

article, being interlined prior to execution.

M. T. Simmons, special Indian agent.

H. A. Goldsborough, commissary, &c.

B. F. Shaw, interpreter.

James Tilton, surveyor-general Washington Territory.

F. Kennedy.

J. Y. Miller.

H. D. Cock.

 

 

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