Treaty with The S'klallam
January 26, 1855
Articles of agreement and convention made and concluded
at Hahdskus, or Point no Point, Suquamish 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 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 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 anyIndian 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 hereinbefore 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-mush, 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-kwia-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.
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