Treaty of Neah Bay
31st January 1855
Articles of agreement and convention, made and concluded at Neah
Bay, in the Territory of Washington, this thirty-first day of January,
in the year eighteen hundred and fifty-five, by Isaac I. Stevens,
governor and superintendent of Indian affairs for the said Territory,
on the part of the United States, and the undersigned chiefs, head-men,
and delegates of the several villages of the Makah tribe of Indians,
viz: Neah Waatch, Tsoo-Yess, and Osett, occupying the country around
Cape Classett or Flattery, on behalf of the said tribe and duly
authorized by the same.
The said tribe hereby cedes, relinquishes, and conveys to the United
States all their right, title, and interest in and to the lands
and country occupied by it, bounded and described as follows, viz:
Commencing at the mouth of the Oke-ho River, on the Straits of Fuca;
thence running westwardly with said straits to Cape Classett or
Flattery; thence southwardly along the coast to Osett, or the Lower
Cape Flattery; thence eastwardly along the line of lands occupied
by he Kwe-deh-tut or Kwill-eh-yute tribe of Indians, to the summit
of the coast-range of mountains, and thence northwardly along the
line of lands lately ceded to the United States by the S'Klallam
tribe to the place of beginning, including all the islands lying
off the same on the straits and coast.
There is, however, reserved for the present use and occupation
of the said tribe the following tract of land, viz:Commencing on
the beach at the mouth of a small brook running into Neah Bay next
to the site of the old Spanish fort; thence along the shore round
Cape Classett or Flattery, to the mouth of another small stream
running into the bay on the south side of said cape, a little above
the Waatch village; thence following said brook to its source; thence
in a straight line to the source of the first-mentioned brook, and
thence following the same down to the place of beginning; which
said tract 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 said
tribe and of the superintendent or agent; but if necessary for the
public convenience, roads may be run through the said reservation,
the Indians being compensated for any damage thereby done them.
It is, however, understood that should the President of the United
States hereafter see fit to place upon the said reservation any
other friendly tribe or band to occupy the same in common with those
above mentioned, he shall be at liberty to do so.
The said tribe agrees to remove to and settle upon the said reservation,
if required so to do, 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 land not
in the actual claim and occupation of citizens of the United States,
and upon any land claimed or occupied, if with the permission of
The right of taking fish and of whaling or sealing at usual and
accustomed grounds and stations is further secured to said Indians
in common with all citizens of the United States, and of erecting
temporary houses for the purpose of curing, together with the privilege
of hunting and gathering roots and berries on open and unclaimed
lands: Provided, however, That they shall not take shell-fish from
any beds staked or cultivated by citizens.
In consideration of the above cession the United States agree to
pay to the said tribe the sum of thirty thousand dollars, in the
following manner, that is to say: During the first year after the
ratification hereof, three thousand dollars; for the next two years,
twenty-five hundred dollars each year; for the next three years,
two thousand dollars each year; for the next four years, one thousand
five hundred dollars each year; and for the next ten 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.
To enable the said Indians to remove to and settle upon their aforesaid
reservation, 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 dollars, to be laid out and expended under
the direction of the President, and in such manner as he shall approve.
And any substantial improvements heretofore made by any individual
Indian, and which he may be compelled to abandon in consequence
of this treaty, shall be valued under the direction of the President
and payment made therefor accordingly.
The President may hereafter, when in his opinion the interests
of the Territory shall require, and the welfare of said Indians
be promoted thereby, remove them from said reservation to such 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 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 thereon 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 practicable.
The annuities of the aforesaid tribe shall not be taken to pay
the debts of individuals.
The said Indians acknowledge their dependence on the Government
of the United States, and promise to be friendly with all citizens
thereof, and they 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 that prescribed in this
article in case of depredations against citizens. And the said tribe
agrees not to shelter or conceal offenders against the United States,
but to deliver up the same for trial by the authorities.
The above tribe is desirous to exclude from its reservation the
use of ardent spirits, and to prevent its people from drinking the
same, and therefore it is provided that any Indian belonging thereto
who shall be guilty of bringing liquor into said reservation, 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.
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 the period of twenty years, an agricultural
and industrial school, to be free to children of the said tribe
in common with those of the other tribes of said district and to
provide a smithy and carpenter's shop, and furnish them with the
necessary tools and employ a blacksmith, carpenter and farmer for
the like term to instruct the Indians in their respective occupations.
Provided, however, That should it be deemed expedient a separate
school may be established for the benefit of said tribe and such
others as may be associated with it, and the like persons employed
for the same purposes at some other suitable place. And the United
States further agree to employ a physician to reside at the said
central agency, or at such other school should one be established,
who shall furnish medicine and advice to the sick, and shall vaccinate
them; the expenses of the said school, shops, persons employed,
and medical attendance to be defrayed by the United States and not
deducted from the annuities.
The said tribe agrees to free all slaves now held by its people,
and not to purchase or acquire others hereafter.
The said tribe finally agrees 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 its reservation without
consent of the superintendent or agent.
This treaty shall be obligatory on the contracting parties as soon
as the same shall be ratified by the President 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 tribe aforesaid have hereunto set their hands and seals at
the place and on the day and year hereinbefore written.
- Isaac I. Stevens, governor and superintendent. (L.S.)
- Tse-kauwtl, head chief of the Makah tribe, his x mark. (L.S.)
- Kal-chote, subchief of the Makahs, his x mark. (L.S.)
- Tah-a-howtl, subchief of the Makahs, his x mark. (L.S.)
- Kah-bach-sat, subchief of the Makahs, his x mark. (L.S.)
- Kets-kus-sum, subchief of the Makahs, his x mark. (L.S.)
- Haatse, subchief of the Makahs, his x mark. (L.S.)
- Keh-chook, subchief of the Makahs, his x mark. (L.S.)
- It-an-da-ha, subchief of the Makahs, his x mark. (L.S.)
- Klah-pe-an-hie, or Andrew Jackson, subchief of the Makahs, his
x mark. (L.S.)
- Tsal-ab-oos, or Peter, Neah village, his x mark. (L.S.)
- Tahola, Neah village, his x mark. (L.S.)
- Kleht-li-quat-stl, Waatch village, his x mark. (L.S.)
- Too-whaii-tan, Waatch village, his x mark. (L.S.)
- Tahts-kin, Neah village, his x mark. (L.S.)
- Nenchoop, Neah village, his x mark. (L.S.)
- Ah-de-ak-too-ah, Osett village, his x mark. (L.S.)
- William, Neah village, his x mark. (L.S.)
- Wak-kep-tup, Waatch village, his x mark. (L.S.)
- Klaht-te-di-yuke, Waatch village, his x mark. (L.S.)
- Oobick, Waatch village, his x mark. (L.S.)
- Bich-took, Waatch village, his x mark. (L.S.)
- Baht-se-ditl, Neah village, his x mark. (L.S.)
- Wack-shie, Neah village, his x mark. (L.S.)
- Hah-yo-hwa, Waatch village, his x mark. (L.S.)
- Daht-leek, or Mines, Osett village, his x mark. (L.S.)
- Pah-hat, Neah village, his x mark. (L.S.)
- Pai-yeh, Osett village, his x mark. (L.S.)
- Tsah-weh-sup, Neah village, his x mark. (L.S.)
- Al-is-kah, Osett village, his x mark. (L.S.)
- Kwe-tow'tl, Neah village, his x mark. (L.S.)
- Kaht-saht-wha, Neah village, his x mark. (L.S.)
- Tchoo-quut-lah, or Yes Sir, Neah village, his x mark. (L.S.)
- Klatts-ow-sehp, Neah village, his x mark. (L.S.)
- Kai-kl-chis-sum, Neah village, his mark. (L.S.)
- Kah-kwt-lit-ha, Waatch village, his x mark. (L.S.)
- He-dah-titl, Neah village, his x mark. (L.S.)
- Sah-dit-le-uad, Waatch village, his x mark. (L.S.)
- Klah-ku-pihl, Tsoo-yess village, his x mark. (L.S.)
- Billuk-whtl, Tsoo-yess village, his x mark. (L.S.)
- Kwah-too-qualh, Tsoo-yess village, his x mark. (L.S.)
- Yooch-boott, Tsoo-yess village, his x mark. (L.S.)
- Swell, or Jeff. Davis. Neah village, his x mark. (L.S.)
Executed in the presence of us. The words "five hundred"
being first interlined in the 5th article, and erasures made in
the 8th and 9th articles.
- M. T. Simmons, Indian agent.
- George Gibbs, secretary.
- B. F. Shaw, interpreter.
- C. M. Hitchcock, M. D.
- E. S. Fowler,
- Orrington Cushman.
- Robt. Davis.
Ratified Mar. 8, 1859. Proclaimed Apr. 18, 1859.
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