Treaty Of Point No Point
26th January 1855
Articles of agreement and convention made and concluded at Hahdskus,
or Point no Point, Suquamiah Head, in the Territory of Washington,
this twenty-sixth day of January, 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, headmen, and delegates of the different villages
of the S'Klallams, viz: Kah-tai, Squah-quaihtl, Tch-queen, Ste-tehtlum,
Tsohkw, Yennis, Elh-wa, Pishtst, Hunnint, Klat-la-wash, and Oke-ho,
and also of the Sko-ko-mish, To-an-hooch, and Chem-a-kum tribes,
occupying certain lands on the Straits of Fuca and Hood's Canal,
in the 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, viz: Commencing at the mouth of the Okeho River, on
the Straits of Fuca; thence southeastwardly along the westerly line
of territory claimed by the Makah tribe of Indians to the summit
of the Cascade Range; thence still southeastwardly and southerly
along said summit to the head of the west branch of the Satsop River,
down that branch to the main fork; thence eastwardly and following
the line of lands heretofore ceded to the the United States by the
Nisqually and other tribes and bands of Indians, to the summit of
the Black Hills, and northeastwardly to the portage known as Wilkes'
Portage; thence northeastwardly, and following the line of lands
heretofore ceded to the United States by the Dwamish, Suquamish,
and other tribes and bands of Indians, to Suquamish Head; thence
northerly through Admiralty Inlet to the Straits of Fuca; thence
westwardly through said straits to the place of beginning; including
all the right, title, and interest of the said tribes and bands
to any land in the Territory of Washington.
Article 2.
There is, however, reserved for the present use and occupation
of the said tribes and bands the following tract of land, viz: The
amount of six sections, or three thousand eight hundred and forty
acres, situated at the head of Hood's Canal, to be hereafter 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 and bands, 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.
Article 3.
The said tribes and bands agree to remove to and settle upon the
said reservation 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 lands not in the
actual claim or occupation of citizens of the United States, and
upon any land claimed or occupied, if with the permission of the
owner.
Article 4.
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 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.
Article 5.
In consideration of the above cession the United States agree to
pay to the said tribes and bands the sum of sixty thousand dollars,
in the following manner, that is to say: during the first year after
the ratification hereof, six thousand dollars; for the next two
years, five thousand dollars each year; for the next three years,
four thousand dollars each year; for the next four years, three
thousand dollars each year; for the next five years, two thousand
four hundred dollars each year; and for the next five years, one
thousand six hundred 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 6.
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 six thousand dollars, to be laid out and expended under
the direction of the President, and in such manner as he shall approve.
Article 7.
The President may hereafter, when in his opinion the interests
of the Territory shall require, and the welfare of said Indians
be promoted, remove them from said reservation 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 lands 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 applicable. Any substantial improvements heretofore
made by any Indians, 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 therefor accordingly.
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. 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 cases of depredations against citizens. And the
said tribes agree not to shelter or conceal offenders against the
United States, but to deliver them up for trial by the authorities.
Article 10.
The above tribes and bands are desirous to exclude from their reservation
the use of ardent spirits, and to prevent their 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.
Article 11.
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 tribes
and bands 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 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 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.
Article 12.
The said tribes and bands agree to free all slaves now held by
them, and not to purchase or acquire others hereafter.
Article 13.
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 14.
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 aforesaid tribes and bands of Indians have hereunto set their
hands and seals at the place and on the day and year herebefore
written.
- Isaac I. Stevens, governor and superintendent. (L.S.)
- Chits-a-mah-han, the Duke of York, Chief of the S'klallams,
his x mark. (L.S.)
- Dah-whil-luk, Chief of the Sko-ko-mish, his x mark. (L.S.)
- Kul-kah-han, or General Pierce, Chief of the Chem-a-kum, his
x mark. (L.S.)
- Hool-hole-tan, or Jim, Sko-ko-mish sub-chief, his x mark. (L.S.)
- Sai-a-kade, or Frank, Sko-ko-mish sub-chief, his x mark. (L.S.)
- Loo-gweh-oos, or George, Sko-ko-mish sub-chief, his x mark.
(L.S.)
- E-dagh-tan, or Tom, Sko-ko-mish sub-chief, his x mark. (L.S.)
- Kai-a-han, or Daniel Webster, Chem-a-kum sub-chief, his x mark.
(L. S.)
- Ets-sah-quat, Chem-a-kum sub-chief, his x mark. (L.S.)
- Kleh-a-kunst, Chem-a-kum sub-chief, his x mark. (L.S.)
- He-atl, Duke of Clarence, S'klallam sub-chief, his x mark. (L.S.)
- Lach-ka-nam, or Lord Nelson, S'klallam sub-chief, his x mark.
(L. S.)
- Tchotest, S'klallam sub-chief, his x mark. (L.S.)
- Hoot-ote St, or General Lane, S'klallam sub-chief, his x mark.
(L. S.)
- To-totesh, S'klallam sub-chief, his x mark. (L.S.)
- Hah-kwja-mihl, S'klallam sub-chief, his x mark. (L.S.)
- Skai-se-ee, or Mr. Newman, S'klallam sub-chief, his x mark.
(L.S.)
- Kahs-sahs-a-matl, S'klallam sub-chief, his x mark. (L.S.)
- S'hote-ch-stan, S'klallam sub-chief, his x mark. (L.S.)
- Lah-st, or Tom, S'klallam sub-chief, his x mark. (L.S.)
- Tuls-met-tum, Lord Jim, S'klallam sub-chief, his x mark. (L.S.)
- Yaht-le-min, or General Taylor, S'klallam sub-chief, his x mark.
(L.S.)
- Kla-koisht, or Captain, S'klallam sub-chief, his x mark. (L.S.)
- Sna-talc, or General Scott, S'klallam sub-chief, his x mark.
(L.S.)
- Tseh-a-take, or Tom Benton, S'klallam sub-chief, his x mark.
(L.S.)
- Yah-kwi-e-nook, or General Gaines, S'klallam sub-chief, his
x mark. (L.S.)
- Kai-at-lah, or General Lane, Jr., S'klallam sub-chief, his x
mark. (L.S.)
- Captain Jack, S'klallam sub-chief, his x mark. (L.S.)
- He-ach-kate, S'klallam sub-chief, his x mark. (L.S.)
- T'soh-as-hau, or General Harrison, S'klallam sub-chief, his
x mark. (L.S.)
- Kwah-nalt-sote, S'klallam sub-chief, his x mark. (L.S.)
- S'hoke-tan, S'klallam sub-chief, his x mark. (L.S.)
- Paitl, S'klallam sub-chief, his x mark. (L.S.)
- Wen-a-hap, S'klallam sub-chief, his x mark. (L.S.)
- Klew-sum-ah, S'klallam sub-chief, his x mark. (L.S.)
- Se-att-home-tau, S'klallam sub-chief, his x mark. (L.S.)
- Tsat-sat-hoot, S'klallam tribe, his x mark. (L.S.)
- Pe-an-ho, S'klallam tribe, his x mark. (L.S.)
- Yi-ah-hum, or John Adams, S'klallam tribe, his x mark. (L.S.)
- Ti-itch-stan, S'klallam tribe, his x mark. (L.S.)
- Soo-yahntch, S'klallam tribe, his x mark. (L.S.)
- Ttseh-a-take, S'klallam tribe, his x mark. (L.S.)
- He-ats-at-soot, S'klallam tribe, his x mark. (L.S.)
- Tow-oots-hoot, S'klallam tribe, his x mark. (L.S.)
- Tsheh-ham, or General Pierce, S'klallam tribe, his x mark. (L.S.)
- Kwin-nas-sum, or George, S'klallam tribe, his x mark. (L.S.)
- Hai-ahts, John, S'klallam tribe, his x mark. (L.S.)
- Hai-otest, John, S'klallam tribe, his x mark. (L.S.)
- Seh-win-num, S'klallam tribe, his x mark. (L.S.)
- Yai-tst, or George, S'klallam tribe, his x mark. (L.S.)
- He-pait, or John, S'klallam tribe, his x mark. (L.S.)
- Slimm, or John, S'klallam tribe, his x mark. (L.S.)
- T'klalt-soot, or Jack, S'klallam tribe, his x mark. (L.S.)
- S'tai-tan, or Sam, S'klallam tribe, his x mark. (L.S.)
- Hut-tets-oot, S'klallam tribe, his x mark. (L.S.)
- How-a-owl, S'klallam tribe, his x mark. (L.S.)
Executed in the presence of us - -
- M. T. Simmons,
- C. H. Mason, secretary Washington Territory,
- Benj. F. Shaw, interpreter,
- John H. Scranton,
- Josiah P. Keller,
- C. M. Hitchcock, M.D.,
- A. B. Gove,
- H. A. Goldsborough,
- B. J. Madison,
- F. A. Rowe,
- Jas. M. Hunt,
- George Gibbs, secretary,
- John J. Reilly,
- Robt. Davis,
- S. S. Ford, Jr.,
- H. D. Cock,
- Orrington Cushman,
- J. Conklin.
Ratified Mar. 8, 1859. Proclaimed Apr. 29, 1859.
From an email sent by Ken Merritt...
I am a Jamestown S"Klallam citizen and have been extensive historical research with regard to the Treaty of Point no Point and have found an error made in the transcription from its hand written form. This error is in the stated area boundary.
On the original "Cascade Range" was crossed out and "Coast Range" was written in. Stevens' treatys were basically from letters with the Treaty of Point no Point being the first on the Olympic Peninsula.
In earlier treatys the Cascade Range was used as most boundary descriptions and inadvertantly wrote the treaty of Point no Point, then crossed it out and corrected. This correction was written in the next treaty made on the Peninsula with the Makah.
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