Treaty of Point Elliott
22nd January 1855
Articles of agreement and convention made and concluded at Muckl-te-oh,
or Point Elliott, in the territory of Washington, this twenty-second
day of January, eighteen hundred and fifty-five, by Isaac I. Stevens,
governor and superintendent of Indian affairs for the saidTerritory,
on the part of the United States, and the undersigned chiefs, head-men
and delegates of the Dwamish, Suquamish, Sk-kahl-mish, Sam-ahmish,
Smalh-kamish, Skope-ahmish, St-kah-mish, Snoqualmoo, Skai-wha-mish,
N'Quentl-ma-mish, Sk-tah-le-jum, Stoluck-wha-mish, Sno-ho-mish,
Skagit, Kik-i-allus, Swin-a-mish, Squin-ah-mish, Sah-ku-mehu, Noo-wha-ha,
Nook-wa-chah-mish, Mee-see-qua-guilch, Cho-bah-ah-bish, and othe
allied and subordinate tribes and bands of Indians occupying certain
lands situated in said Territory of Washington, on behalf of said
tribes, 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: Commencing at a point on the eastern side of Admiralty
Inlet, known as Point Pully, about midway between Commencement and
Elliott Bays; thence eastwardly, running along the north line of
lands heretofore ceded to the United States by the Nisqually, Puyallup,
and other Indians, to the summit of the Cascade range of mountains;
thence northwardly, following the summit of said range to the 49th
parallel of north latitude; thence west, along said parallel to
the middle of the Gulf of Georgia; thence through the middle of
said gulf and the main channel through the Canal de Arro to the
Straits of Fuca, and crossing the same through the middle of Admiralty
Inlet to Suquamish Head; thence southwesterly, through the peninsula,
and following the divide between Hood's Canal and Admiralty Inlet
to the portage known as Wilkes' Portage; thence northeastwardly,
and following the line of lands heretofore ceded as aforesaid to
Point Southworth, on the western side of Admiralty Inlet, and thence
around the foot of Vashon's Island eastwardly and southeastwardly
to the place of beginning, including all the islands comprised within
said boundaries, and all the right, title, and interest of the said
tribes and bands to any lands within the territory of the United
States.
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
amount of two sections, or twelve hundred and eighty acres, surrounding
the small bight at the head of Port Madison, called by the Indians
Noo-sohk-um; the amount of two sections, or twelve hundred and eighty
acres, on the north side Hwhomish Bay and the creek emptying into
the same called Kwilt-seh-da, the peninsula at the southeastern
end of Perry's Island, called Shais-quihl, and the island called
Chah-choo-sen, situated in the Lummi River at the point of separation
of the mouths emptying respectively into Bellingham Bay and the
Gulf of Georgia. 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 said tribes or bands, and of the superintendent
or agent, but, if necessary for the public convenience, roads may
be run through the said reserves, the Indians being compensated
for any damage thereby done them.
Article 3.
There is also reserved from out the lands hereby ceded the amount
of thirty-six sections, or one township of land, on the northeastern
shore of Port Gardner, and north of the mouth of Snohomish River,
including Tulalip Bay and the before-mentioned Kwilt-seh-da Creek,
for the purpose of establishing thereon an agricultural and industrial
school, as hereinafter mentioned and agreed, and with a view of
ultimately drawing thereto and settling thereon all the Indians
living west of the Cascade Mountains in said Territory. Provided,
however, That the President may establish the central agency and
general reservation at such other point as he may deem for the benefit
of the Indians.
Article 4.
The said tribes and bands agree to remove to and settle upon the
said first above-mentioned reservations 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
pe-mission of the owner.
Article 5.
The right of taking fish at 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 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.
Article 6.
In consideration of the above cession, the United States agree
to pay to the said tribes and bands the sum of one hundred and fifty
thousand dollars, in the following manner - - that is to say: For
the first year after the ratification hereof, fifteen thousand dollars;
for the next two year, twelve thousand dollars each year; for the
next three years, ten thousand dollars each year; for the next four
years, seven thousand five hundred dollars each years; for the next
five years, six thousand dollars each year; and for the last five
years, four thousand two hundred and fifty 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 7.
The President may hereafter, when in his opinion the interests
of the Territory shall require and the welfare of the said Indians
be promoted, remove them from either or all of the special reservations
hereinbefore make to the said general reservation, or such other
suitable place within said Territory as he may deem fit, on remunerating
them for their improvements and the expenses of such 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
suc 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 made accordingly therefor.
Article 8.
The annuities of the aforesaid tribes and bands shall not be taken
to pay the debts of individuals.
Article 9.
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 they pledge themselves to commit no depredations on
the property of such citizens. 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, of
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 the 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 depredations on 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 trial.
Article 10.
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 tribe 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 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 further 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.
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 fifteen thousand dollars to be laid out and expended
under the direction of the President and in such manner as he shall
approve.
Article 14.
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 like term of twenty years to instruct the Indians
in their respective occupations. And the United States finally 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 said school, shops, persons employed, and
medical attendance to be defrayed by the United States, and not
deducted from the annuities.
Article 15.
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 of Indians, have hereunto set
their hands and seals, at the place and on the day and year hereinbefore
written.
- Issac I. Stevens, Governor and Superintendent. (L.S.)
- Seattle, Chief of the Dwamish and Suquamish tribes, his x mark.
(L. S.)
- Pat-ka-nam, Chief of the Snoqualmoo, Snohomish and other tribes,
his x mark. (L.S.)
- Chow-its-hoot, Chief of the Lummi and other tribes, his x mark.
(L. S.)
- Goliah, Chief of the Skagits and other allied tribes, his x
mark. (L.S.)
- Kwallattum, or General Pierce, Sub-chief of the Skagit tribe,
his x mark. (L.S.)
- S'hootst-hoot, Sub-chief of Snohomish, his x mark. (L.S.)
- Snah-talc, or Bonaparte, Sub-chief of Snohomish, his x mark.
(L.S.)
- Squush-um, or The Smoke, Sub-chief of the Snoqualmoo, his x
mark. (L.S.)
- See-alla-pa-han, or The Priest, Sub-chief of Sk-tah-le-jum,
his x mark. (L.S.)
- He-uch-ka-nam, or George Bonaparte, Sub-chief of Snohomish,
his x mark. (L.S.)
- Tse-nah-talc, or Joseph Bonaparte, Sub-chief of Snohomish, his
x mark. (L.S.)
- Ns'ski-oos, or Jackson, Sub-chief of Snohomish, his x mark.
(L.S.)
- Wats-ka-lah-tchie, or John Hobtsthoot, Sub-chief of Snohomish,
his x mark. (L.S.)
- Smeh-mai-hu, Sub-chief of Skai-wha-mish, his x mark. (L.S.)
- Slat-eah-ka-nam, Sub-chief of Snoqualmoo, his x mark. (L.S.)
- St'hau-ai, Sub-chief of Snoqualmoo, his x mark. (L.S.)
- Lugs-ken, Sub-chief of Skai-wha-mish, his x mark. (L.S.)
- S'heht-soolt, or Peter, Sub-chief of Snohomish, his x mark.
(L.S.)
- Do-queh-oo-satl, Snoqualmoo tribe, his x mark. (L.S.)
- John Kanam, Snoqualmoo sub-chief, his x mark. (L.S.)
- Klemsh-ka-nam, Snoqualmoo, his x mark. (L.S.)
- Ts'huahntl, Dwa-mish sub-chief, his x mark. (L.S.)
- Kwuss-ka-nam, or George Snatelum, Sen., Skagit tribe, his x
mark. (L.S.)
- Hel-mits, or George Snatelum, Skagit sub-chief, his x mark.
(L.S.)
- S'kwai-kwi, Skagit tribe, sub-chief, his x mark. (L.S.)
- Seh-lek-qu, Sub-chief Lummi tribe, his x mark. (L.S.)
- S'h'-cheh-oos, or General Washington, Sub-chief of Lummi tribe, his x mark. (L.S.)
- Whai-lan-hu, or Davy Crockett, Sub-chief of Lummi tribe, his x mark. (L.S.)
- She-ah-delt-hu, Sub-chief of Lummi tribe, his x mark. (L.S.)
- Kwult-seh, Sub-chief of Lummi tribe, his x mark. (L.S.)
- Kwull-et-hu, Lummi tribe, his x mark. (L.S.)
- Kleh-kent-soot, Skagit tribe, his x mark. (L.S.)
- Sohn-heh-ovs, Skagit tribe, his x mark. (L.S.)
- S'deh-ap-kan, or General Warren, Skagit tribe, his x mark. (L.S.)
- Chul-whil-tan, Sub-chief of Suquamish tribe, his x mark. (L.S.)
- Ske-eh-tum, Skagit tribe, his x mark. (L.S.)
- Patchkanam, or Dome, Skagit tribe, his x mark. (L.S.)
- Sats-Kanam, Squin-ah-nush tribe, his x mark. (L.S.)
- Sd-zo-mahtl, Kik-ial-lus band, his x mark. (L.S.)
- Dahtl-de-min, Sub-chief of Sah-ku-meh-hu, his x mark. (L.S.)
- Sd'zek-du-num, Me-sek-wi-guilse sub-chief, his x mark. (L.S.)
- Now-a-chais, Sub-chief of Dwamish, his x mark. (L.S.)
- Mis-lo-tche, or Wah-hehl-tchoo, Sub-chief of Suquamish, his x mark. (L.S.)
- Sloo-noksh-tan, or Jim, Suquamish tribe, his x mark. (L.S.)
- Moo-whah-lad-hu, or Jack, Suquamish tribe, his x mark. (L.S.)
- Too-leh-plan, Suquamish tribe, his x mark. (L.S.)
- Ha-seh-doo-an, or Keo-kuck, Dwamish tribe, his x mark. (L.S.)
- Hoovilt-meh-tum, Sub-chief of Suquamish, his x mark. (L.S.)
- We-ai-pah, Skaiwhamish tribe, his x mark. (L.S.)
- S'ah-an-hu, or Hallam, Snohomish tribe, his x mark. (L.S.)
- She-hope, or General Pierce, Skagit tribe, his x mark. (L.S.)
- Hwn-lah-lakq, or Thomas Jefferson, Lummi tribe, his x mark. (L.S.)
- Cht-simpt, Lummi tribe, his x mark. (L.S.)
- Tse-sum-ten, Lummi tribe, his x mark. (L.S.)
- Klt-hahl-ten, Lummi tribe, his x mark. (L.S.)
- Kut-ta-kanam, or John, Lummi tribe, his x mark. (L.S.)
- Ch-lah-ben, Noo-qua-cha-mish band, his x mark. (L.S.)
- Noo-heh-oos, Snoqualmoo tribe, his x mark. (L.S.)
- Hweh-uk, Snoqualmoo tribe, his x mark. (L.S.)
- Peh-nus, Skai-whamish tribe, his x mark. (L.S.)
- Yim-ka-dam, Snoqualmoo tribe, his x mark. (L.S.)
- Twooi-as-kut, Skaiwhamish tribe, his x mark. (L.S.)
- Luch-al-kanam, Snoqualmoo tribe, his x mark. (L.S.)
- S'hoot-kanam, Snoqualmoo tribe, his x mark. (L.S.)
- Sme-a-kanam, Snoqualmoo tribe, his x mark. (L.S.)
- Sad-zis-keh, Snoqualmoo, his x mark. (L.S.)
- Heh-mahl, Skaiwhamish band, his x mark. (L.S.)
- Charley, Skagit tribe, his x mark. (L.S.)
- Sampson, Skagit tribe, his x mark. (L.S.)
- John Taylor, Snohomish tribe, his x mark. (L.S.)
- Hatch-kwentum, Skagit tribe, his x mark. (L.S.)
- Yo-i-kum, Skagit tribe, his x mark. (L.S.)
- T'kwa-ma-han, Skagit tribe, his x mark. (L.S.)
- Sto-dum-kan, Swinamish band, his x mark. (L.S.)
- Be-lole, Swinamish band, his x mark. (L.S.)
- D'zo-lole-gwam-hu, Skagit tribe, his x mark. (L.S.)
- Steh-shail, William, Skaiwhamish band, his x mark. (L.S.)
- Kel-kahl-tsoot, Swinamish tribe, his x mark. (L.S.)
- Pat-sen, Skagit tribe, his x mark. (L.S.)
- Pat-teh-us, Noo-wha-ah sub-chief, his x mark. (L.S.)
- S'hoolk-ka-nam, Lummi sub-chief, his x mark. (L.S.)
- Ch-lok-suts, Lummi sub-chief, his x mark. (L.S.)
Executed in the presence of us - -
- M. T. Simmons, Indian agent.
- C. H. Mason, Secretary of Washington Territory.
- Benj. F. Shaw, Interpreter.
- Chas. M. Hitchcock.
- H. a. Goldsborough.
- George Gibbs.
- John H. Scranton.
- Henry D. Cock.
- S. S. Ford, jr.
- Orrington Cushman.
- Ellis Barnes.
- R. S. Bailey.
- S. M. Collins.
- Lafayetee Balch.
- E. S. Fowler.
- J. H. Hall.
- Rob't Davis.
- S. Doc. 319, 58-2, vol 2 43
Ratified Mar. 8, 1859. Proclaimed Apr. 11, 1859.
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Native American Legends A-B