Treaty with The Quinaielt
July 1, 1855
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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