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
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 the
southwest 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
coast range 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.
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
same within 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.
The right of taking fish at all usual and accustomed grounds and
stations is secured to said Indians in common with all citizens
of the Territory, and of erecting temporary houses for the purpose
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.
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.
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.
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 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 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.
The annuities of the aforesaid tribes and bands shall not be taken
to pay the debts of individuals.
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
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.
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 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 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.
The said tribes and bands agree to free all slaves now held by
them, and not to purchase or acquire others hereafter.
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.
This treaty shall be obligatory on the contracting parties as soon
as the same shall be ratified by the President and Senate of the
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.
- B. F. Shaw, interpreter.
- James Tilton, surveyor-general WashingtonTerritory.
- F. Kennedy.
- J. Y. Miller.
- H. D. Cock.
Jan. 25, 1856. Ratified Mar. 8, 1859. Proclaimed, Apr. 11, 1859.
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