Treaty with The Makah
January 31, 1855
Articles of agreement and convention, made and concluded
at Neah Bay, in the Territory of Washington, this thirty-first
day of January, in the year 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, head-men, and delegates
of the several villages of the Makah tribe of Indians, viz:
Neah Waatch, Tsoo-Yess, and Osett, occupying the country around
Cape Classett or Flattery, on behalf of the said tribe and
duly authorized by the same.
The said tribe hereby cedes, relinquishes, and conveys to
the United States all their right, title, and interest in
and to the lands and country occupied by it, bounded and described
as follows, viz: Commencing at the mouth of the Oke-ho River,
on the Straits of Fuca; thence running westwardly with said
straits to Cape Classett or Flattery; thence southwardly along
the coast to Osett, or the Lower Cape Flattery; thence eastwardly
along the line of lands occupied by the Kwe-déAh-tut
or Kwill-eh-yute tribe of Indians, to the summit of the coast-range
of mountains, and thence northwardly along the line of lands
lately ceded to the United States by the S'Klallam tribe
to the place of beginning, including all the islands lying
off the same on the straits and coast.
There is, however, reserved for the present use and occupation
of the said tribe the following tract of land, viz: Commencing
on the beach at the mouth of a small brook running into Neah
Bay next to the site of the old Spanish fort; thence along
the shore round Cape Classett or Flattery, to the mouth of
another small stream running into the bay on the south side
of said cape, a little above the Waatch village; thence following
said brook to its source; thence in a straight line to the
source of the first-mentioned brook, and thence following
the same down to the place of beginning; which said tract
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 tribe
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.
The said tribe agrees to remove to and settle upon the said
reservation, if required so to do, 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 permission of the owner.
The right of taking fish and of whaling or sealing 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.
In consideration of the above cession the United States agree
to pay to the said tribe the sum of thirty thousand dollars,
in the following manner, that is to say: During the first
year after the ratification hereof, three thousand dollars;
for the next two years, twenty-five hundred dollars each year;
for the next three years, two thousand dollars each year;
for the next four years, one thousand five hundred dollars
each year; and for the next ten years, one thousand 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.
To enable the said Indians to remove to and settle upon their
aforesaid reservation, and to clear, fence, and break up a
sufficient quantity of land for cultivation, the United States
further agree to pay the sum of three thousand dollars, to
be laid out and expended under the direction of the President,
and in such manner as he shall approve. And any substantial
improvements heretofore made by any individual Indian, and
which he may be compelled to abandon in consequence of this
treaty, shall be valued under the direction of the President
and payment made therefor accordingly.
The President may hereafter, when in his opinion the interests
of the Territory shall require, and the welfare of said Indians
be promoted thereby, remove them from said reservation to
such 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 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 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 practicable.
The annuities of the aforesaid tribe shall not be taken to
pay the debts of individuals.
The said Indians 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 case of depredations
against citizens. And the said tribe agrees not to shelter
or conceal offenders against the United States, but to deliver
up the same for trial by the authorities.
The above tribe is desirous to exclude from its reservation
the use of ardent spirits, and to prevent its 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.
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 tribe 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
like term to instruct the Iindians in their respective occupations.
Provided, however, That should it be deemed expedient a separate
school may be established for the benefit of said tribe and
such others as may be associated with it, and the like persons
employed for the same purposes at some other suitable place.
And the United States further agree to employ a physician
to reside at the said central agency, or at such other school
should one be established, 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 said tribe agrees to free all slaves now held by its
people, and not to purchase or acquire others hereafter.
The said tribe finally agrees 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 its reservation
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 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 tribe aforesaid have
here unto set their hands and seals at the place and on the
day and year herein before written.
- Isaac I. Stevens, governor and superintendent. [L. S.]
- Tse-kauwtl, head chief of the Makah tribe, his x mark. [L. S.]
- Kal-chote, subchief of the Makahs, his x mark. [L. S.]
- Tah-a-howtl, subchief of the Makahs, his x mark. [L. S.]
- Kah-bach-sat, subchief of the Makahs, his x mark. [L. S.]
- Kets-kus-sum, subchief of the Makahs, his x mark. [L. S.]
- Haatse, subchief of the Makahs, his x mark. [L. S.]
- Keh-chook, subchief of the Makahs, his x mark. [L. S.]
- It-an-da-ha, subchief of the Makahs, his x mark. [L. S.]
- Klah-pe-an-hie, or Andrew Jackson, subchief of the Makahs, his x mark. [L. S.]
- Tsal-ab-oos, or Peter, Neah village, his x mark. [L. S.]
- Tahola, Neah village, his x mark. [L. S.]
- Kleht-li-quat-stl, Waatch village, his x mark. [L. S.]
- Too-whaii-tan, Waatch village, his x mark. [L. S.]
- Tahts-kin, Neah village, his x mark. [L. S.]
- Nenchoop, Neah village, his x mark. [L. S.]
- Ah-de-ak-too-ah, Osett village, his x mark. [L. S.]
- William, Neah village, his x mark. [L. S.]
- Wak-kep-tup, Waatch village, his x mark. [L. S.]
- Klaht-te-di-yuke, Waatch village, his x mark. [L. S.]
- Oobick, Waatch village, his x mark. [L. S.]
- Bich-took, Waatch village, his x mark. [L. S.]
- Baht-se-ditl, Neah village, his x mark. [L. S.]
- Wack-shie, Neah village, his x mark. [L. S.]
- Hah-yo-hwa, Waatch village, his x mark. [L. S.]
- Daht-leek, or Mines, Osett village, his x mark.[L. S.]
- Pah-hat, Neah village, his x mark. [L. S.]
- Pai-yeh, Osett village, his x mark. [L. S.]
- Tsah-weh-sup, Neah village, his x mark. [L. S.]
- Al-is-kah, Osett village, his x mark. [L. S.]
- Kwe-tow'tl, Neah village, his x mark. [L. S.]
- Kaht-saht-wha, Neah village, his x mark. [L. S.]
- Tchoo-quut-lah, or Yes Sir, Neah village, his x mark. [L. S.]
- Klatts-ow-sehp, Neah village, his x mark. [L. S.]
- Kai-kl-chis-sum, Neah village, his mark. [L. S.]
- Kah-kwt-lit-ha, Waatch village, his x mark. [L. S.]
- He-dah-titl, Neah village, his x mark. [L. S.]
- Sah-dit-le-uad, Waatch village, his x mark. [L. S.]
- Klah-ku-pihl, Tsoo-yess village, his x mark. [L. S.]
- Billuk-whtl, Tsoo-yess village, his x mark. [L. S.]
- Kwah-too-qualh, Tsoo-yess village, his x mark. [L. S.]
- Yooch-boott, Tsoo-yess village, his x mark. [L. S.]
- Swell, or Jeff. Davis. Neah village, his x mark. [L. S.]
Executed in the presence of us. The words "five hundred"
being first interlined in the 5th article, and erasures made
in the 8th and 9th articles.
- M. T. Simmons, Indian agent.
- George Gibbs, secretary.
- B. F. Shaw, interpreter.
- C. M. Hitchcock, M. D.
- E. S. Fowler.
- Orrington Cushman.
- Robt. Davis.
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