Treaty of Medicine Creek
1854
Articles of agreement and convention made and concluded on the
She-nah-nam, or Medicine Creek, in the Territory of Washington,
this twenty-sixth day of December, in the year one thousand eight
hundred and fifty-four, by Isaac I. Stevens, governor and superintendent
of Indian affairs of the said Territory, on the part of the United
States, and the undersigned chiefs, head-men, and delegates of the
Nisqually, Puyallup, Steilacoom, Squawskin, S'Homamish, Stehchass,
T'Peeksin, Squi-aitl, and Sa-heh-wamish tribes and bands of Indians,
occupying the lands lying round the head of Puget's Sound and the
adjacent inlets, who, for the purpose of this treaty, are to be
regarded as one nation, on behalf of said tribes and bands, and
duly authorized by them.
Article 1.
The said tribes and bands of Indians 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, to wit: Commencing at the point on the eastern side
of Admiralty Inlet, known as Point Pully, about midway between Commencement
and Elliott Bays; thence running in a southeasterly direction, following
the divide between the waters of the Puyallup and Dwamish, or White
Rivers, to the summit of the Cascade Mountains; thence southerly,
along the summit of said range, to a point opposite the main source
of the Skookum Chuck Creek; thence to and down said creek, to the
coal mine; thence northwesterly, to the summit of the Black Hills;
thence northerly, to the upper forks of the Satsop River; thence
northeasterly, through the portage known as Wilkes's Portage, to
Point Southworth, on the western side of Admiralty Inlet; thence
around the foot of Vashon's Island, easterly and southeasterly,
to the place of beginning.
Article 2.
There is, however, reserved for the present use and occupation
of the said tribes and bands, the following tracts of land, viz:
The small island called Klah-che-min, situated opposite the mouths
of Hammerslev's and Totten's Inlets, and separated from Hartstene
Island by Peale's Passage, containing about two sections of land
by estimation; a square tract containing two sections, or twelve
hundred and eighty acres, on Puget's Sound, near the mouth of the
She-nah-nam Creek, one mile west of the meridian line of the United
States land survey, and a square tract containing two sections,
or twelve hundred and eighty acres, lying on the south side of Commencement
Bay; all which tracts shall be set apart, and, so far as necessary,
surveyed and marked out for their exclusive use; nor shall any white
man be permitted to reside upon the same without permission of the
tribe and the superintendent or agent. And the said tribes and bands
agree to remove to and settle upon the same within one year after
the ratification of this treaty, or sooner if the means are furnished
them. In the mean time, it shall be lawful for them to reside upon
any ground not in the actual claim and occupation of citizens of
the United States, and upon any ground claimed or occupied, if with
the permission of the owner or claimant. If necessary for the public
convenience, roads may be run through their reserves, and, on the
other hand, the right of way with free access from the same to the
nearest public highway is secured to them.
Article 3.
The right of taking fish, at all usual and accustomed grounds and
stations, is further secured to said Indians in common with all
citizens of the Territory, and of erecting temporary houses for
the purpose of curing, together with the privilege of hunting, gathering
roots and berries, and pasturing their horses on open and unclaimed
lands: Provided, however, That they shall not take shellfish from
any beds staked or cultivated by citizens, and that they shall alter
all stallions not intended for breeding-horses, and shall keep up
and confine the latter.
Article 4.
In consideration of the above session, the United States agree
to pay to the said tribes and bands the sum of thirty-two thousand
five hundred dollars, in the following manner, that is to say: For
the first year after the ratification hereof, three thousand two
hundred and fifty dollars; for the next two years, three thousand
dollars each year; for the next three years, two thousand dollars
each year; for the next four years fifteen hundred dollars each
year; for the next five years twelve hundred dollars each year;
and for the next five years one thousand dollars each year; all
which said sums of money shall be applied to the use and benefit
of the said Indians, under the direction 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 their aforesaid
reservations, and to clear, fence, and break up a sufficient quantity
of land for cultivation, the United States further agree to pay
the sum of three thousand two hundred and fifty 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 may require, and the welfare of the said Indians
be promoted, remove them from either or all of said 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. And he may further, at his discretion,
cause the whole or any portion of the lands hereby 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 or families 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 Indian, and which
he shall be compelled to abandon in consequence of this treaty,
shall be valued under the direction of the President, and payment
to be made accordingly thereof.
Article 7.
The annuities of the aforesaid tribes and bands shall not be taken
to pay the debts of individuals.
Article 8.
The aforesaid 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 proved
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 that
prescribed in this article, in cases of depredations against citizens.
And the said tribes agree not to shelter or conceal offenders against
the laws of the United States, but to deliver them up to the authorities
for trail.
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's 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 children of the said tribes
and bands, in common with those of the other tribes of said district,
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 employ a blacksmith, carpenter, and
farmer, for the 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 the 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 in 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 and Senate 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, have hereunto set their hands
and seals at the place and on the day and year hereinbefore written.
- Isaac I. Stevens, (L.S.)
- Governor and Superintendent Territory of Washington.
- Qui-ee-metl, his x mark. (L.S.)
- Sno-ho-dumset, his x mark. (L.S.)
- Lesh-high, his x mark. (L.S.)
- Slip-o-elm, his x mark. (L.S.)
- Kwi-ats, his x mark. (L.S.)
- Stee-high, his x mark. (L.S.)
- Di-a-keh, his x mark. (L.S.)
- Hi-ten, his x mark. (L.S.)
- Squa-ta-hun, his x mark. (L.S.)
- Kahk-tse-min, his x mark. (L.S.)
- Sonan-o-yutl, his x mark. (L.S.)
- Kl-tehp, his x mark. (L.S.)
- Sahl-ko-min, his x mark. (L.S.)
- T'bet-ste-heh-bit, his x mark. (L.S.)
- Tcha-hoos-tan, his x mark. (L.S.)
- Ke-cha-hat, his x mark. (L.S.)
- Spee-peh, his x mark. (L.S.)
- Swe-yah-tum, his x mark. (L.S.)
- Cha-achsh, his x mark. (L.S.)
- Pich-kehd, his x mark. (L.S.)
- S'Klah-o-sum, his x mark. (L.S.)
- Sah-le-tatl, his x mark. (L.S.)
- See-lup, his x mark. (L.S.)
- E-la-kah-ka, his x mark. (L.S.)
- Slug-yeh, his x mark. (L.S.)
- Hi-nuk, his x mark. (L.S.)
- Ma-mo-nish, his x mark. (L.S.)
- Cheels, his x mark. (L.S.)
- Knutcanu, his x mark. (L.S.)
- Bats-ta-kobe, his x mark. (L.S.)
- Win-ne-ya, his x mark. (L.S.)
- Klo-out, his x mark. (L.S.)
- Se-uch-ka-nam, his x mark. (L.S.)
- Ske-mah-han, his x mark. (L.S.)
- Wuts-un-a-pum, his x mark. (L.S.)
- Quuts-a-tadm, his x mark. (L.S.)
- Quut-a-heh-mtsn, his x mark. (L.S.)
- Yah-leh-chn, his x mark. (L.S.)
- To-lahl-kut, his x mark. (L.S.)
- Yul-lout, his x mark. (L.S.)
- See-ahts-oot-soot, his x mark. (L.S.)
- Ye-takho, his x mark. (L.S.)
- We-po-it-ee, his x mark. (L.S.)
- Kah-sld, his x mark. (L.S.)
- La'h-hom-kan, his x mark. (L.S.)
- Pah-how-at-ish, his x mark. (L.S.)
- Swe-yehm, his x mark. (L.S.)
- Sah-hwill, his x mark. (L.S.)
- Se-kwaht, his x mark. (L.S.)
- Kah-hum-klt, his x mark. (L.S.)
- Yah-kwo-bah, his x mark. (L.S.)
- Wut-sah-le-wun, his x mark. (L.S.)
- Sah-ba-hat, his x mark. (L.S.)
- Tel-e-kish, his x mark. (L.S.)
- Swe-keh-nam, his x mark. (L.S.)
- Sit-oo-ah, his x mark. (L.S.)
- Ko-quel-a-cut, his x mark. (L.S.)
- Jack, his x mark. (L.S.)
- Keh-kise-bel-lo, his x mark. (L.S.)
- Go-yeh-hn, his x mark. (L.S.)
- Sah-putsh, his x mark. (L.S.)
- William, his x mark. (L.S.)
Executed in the presence of us - -
- M. T. Simmons, Indian agent.
- James Doty, secretary of the commission.
- C. H. Mason, secretary Washington Territory.
- W. A. Slaughter, first lieutenant, Fourth Infantry.
- James McAlister,
- E. Giddings, jr.
- George Shazer,
- Henry D. Cock,
- S. S. Ford, jr.,
- John W. McAlister,
- Clovington Cushman,
- Peter Anderson,
- Samuel Klady,
- W. H. Pullen,
- P. O. Hough,
- E. R. Tyerall,
- George Gibbs,
- Benj. F. Shaw, interpreter,
- Hazard Stevens.
Ratified Mar. 3, 1855. Proclaimed Apr. 10, 1855.
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