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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