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Treaty of Point Elliott, 1855
Articles of agreement and convention made and concluded at Muckl-te-oh,
or Point Elliott, in the territory of Washington, this twenty-second 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,
head-men and delegates of the Dwamish, Suquamish, Sk-kahl-mish,
Sam-ahmish, Smalh-kamish, Skope-ahmish, St-kah-mish, Snoqualmoo,
Skai-wha-mish, N'Quentl-ma-mish, Sk-tah-le-jum, Stoluck-wha-mish,
Sno-ho-mish, Skagit, Kik-i-allus, Swin-a-mish, Squin-ah-mish, Sah-ku-mehu,
Noo-wha-ha, Nook-wa-chah-mish, Mee-see-qua-guilch, Cho-bah-ah-bish,
and other allied and subordinate tribes and bands of Indians occupying
certain lands situated in said 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:
Commencing at a point on the eastern side of Admiralty Inlet,
known as Point Pully, about midway between Commencement and
Elliott Bays; thence eastwardly, running along the north line
of lands heretofore ceded to the United States by the Nisqually,
Puyallup, and other Indians, to the summit of the Cascade range
of mountains; thence northwardly, following the summit of said
range to the 49th parallel of north latitude; thence west,
along said parallel to the middle of the Gulf of Georgia; thence
through the middle of said gulf and the main channel through the
Canal de Arro to the Straits of Fuca, and crossing the same
through the middle of Admiralty Inlet to Suquamish Head;
thence southwesterly through the peninsula, and following the
divide between Hoods Canal and Admiralty Inlet to the portage known
as Wilkes' Portage; thence northeastwardly, and following the line
of lands heretofore ceded as aforesaid to Point Southworth, on
the western side of Admiralty Inlet, and thence around the foot of
Vashon's Island eastwardly and southeastwardly to the place of
beginning, including all the islands comprised within said
boundaries, and all the right, title, and interest of the said
tribes and bands to any lands within the territory of the
United States.
ARTICLE 2. There is, however, reserved for the present use and
occupation of the said tribes and bands the following tracts of
land, viz: the amount of two sections, or twelve hundred and
eighty acres, surrounding the small bight at the head of Port
Madison, called by the Indians Noo-sohk-um; the amount of two
sections, or twelve hundred and eighty acres, on the north side
Hwhomish Bay and the creek emptying into the same called Kwilt-seh-da,
the peninsula at the southeastern end of Perry's Island, called
Shais-quihl, and the island called Chah-choo-sen, situated in
the Lummi River at the point of separation of the mouths emptying
respectively into Bellingham Bay and the Gulf of Georgia.
All which tracts 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 tribes or bands, and of the superintendent or agent, but, if
necessary for the public convenience, roads may be run through the
said reserves, the Indians being compensated for any damage
thereby done them.
ARTICLE 3. There is also reserved from out the lands hereby ceded
the amount of thirty-six sections, or one township of land,
on the northeastern shore of Port Gardner, and north of the mouth of
Snohomish River, including Tulalip Bay and the before-mentioned
Kwilt-seh-da Creek, for the purpose of establishing thereon
an agricultural and industrial school, as hereinafter mentioned
and agreed, and with a view of ultimately drawing thereto and
settling thereon all the Indians living west of the Cascade
Mountains in said Territory. Provided, however, That the President
may establish the central agency and general reservation
at such other point as he may deem for the benefit of the Indians.
ARTICLE 4. The said tribes and bands agree to remove to and settle
upon the said first above-mentioned reservations 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.
ARTICLE 5. 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 Territory, 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 6. In consideration of the above cession, the United States
agree to pay to the said tribes and bands the sum of one hundred and
fifty thousand dollars, in the following manner - - that is to say:
For the first year after the ratification hereof, fifteen thousand
dollars; for the next two years, twelve thousand dollars each year;
for the next three years, ten thousand dollars each year;
for the next four years, seven thousand five hundred dollars each
year; for the next five years, six thousand dollars each year;
and for the last five years, four thousand two hundred and
fifty 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 7. The President may hereafter, when in his opinion the
interests of the Territory shall require and the welfare of the said
Indians be promoted, remove them from either or all of the special
reservations hereinbefore make to the said general reservation,
or such other suitable place within said Territory as he may
deem fit, on remunerating them for their improvements and the
expenses of such 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 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
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 accordingly therefor.
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. 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, of 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-defense,
but will submit all matters of difference between them and
the 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 depredations on 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 laws of the United
States, but to deliver them up to the authorities for trial.
ARTICLE 10. 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 tribe 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 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 further 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 13. 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 fifteen thousand dollars to be laid out and
expended under the direction of the President and in such manner as he
shall approve.
ARTICLE 14. 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 a 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 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
employ a blacksmith, carpenter, and farmer for the like term of
twenty years to instruct the Indians in their respective occupations.
And the United States finally 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 said school, shops, persons employed, and medical
attendance to be defrayed by the United States, and not deducted
from the annuities.
ARTICLE 15. This treaty shall be obligatory on the contracting
parties as soon as the same shall be ratified by the President
and Senate 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.
Issac I. Stevens, Governor and Superintendent. (L.S.)
Seattle, Chief of the Dwamish and Suquamish tribes, his x mark. (L. S.)
Pat-ka-nam, Chief of the Snoqualmoo, Snohomish and other tribes his x mark. (L.S.)
Chow-its-hoot, Chief of the Lummi and other tribes, his x mark. (L. S.)
Goliah, Chief of the Skagits and other allied tribes, his x mark. (L.S.)
Kwallattum, or General Pierce, Sub-chief of the Skagit tribe, his x mark. (L.S.)
S'hootst-hoot, Sub-chief of Snohomish, his x mark. (L.S.)
Snah-talc, or Bonaparte, Sub-chief of Snohomish, his x mark. (L.S.)
Squush-um, or The Smoke, Sub-chief of the Snoqualmoo, his x mark. (L.S.)
See-alla-pa-han, or The Priest, Sub-chief of Sk-tah-le-jum, his x mark. (L.S.)
He-uch-ka-nam, or George Bonaparte, Sub-chief of Snohomish, his x mark. (L.S.)
Tse-nah-talc, or Joseph Bonaparte, Sub-chief of Snohomish, his x mark. (L.S.)
Ns'ski-oos, or Jackson, Sub-chief of Snohomish, his x mark. (L.S.)
Wats-ka-lah-tchie, or John Hobtsthoot, Sub-chief of Snohomish, his x mark. (L.S.)
Smeh-mai-hu, Sub-chief of Skai-wha-mish, his x mark. (L.S.)
Slat-eah-ka-nam, Sub-chief of Snoqualmoo, his x mark. (L.S.)
St'hau-ai, Sub-chief of Snoqualmoo, his x mark. (L.S.)
Lugs-ken, Sub-chief of Skai-wha-mish, his x mark. (L.S.)
S'heht-soolt, or Peter, Sub-chief of Snohomish, his x mark. (L.S.)
Do-queh-oo-satl, Snoqualmoo tribe, his x mark. (L.S.)
John Kanam, Snoqualmoo sub-chief, his x mark. (L.S.)
Klemsh-ka-nam, Snoqualmoo, his x mark. (L.S.)
Ts'huahntl, Dwa-mish sub-chief, his x mark. (L.S.)
Kwuss-ka-nam, or George Snatelum, Sen., Skagit tribe, his x mark. (L.S.)
Hel-mits, or George Snatelum, Skagit sub-chief, his x mark. (L.S.)
S'kwai-kwi, Skagit tribe, sub-chief, his x mark. (L.S.)
Seh-lek-qu, Sub-chief Lummi tribe, his x mark. (L.S.)
S'h'-cheh-oos, or General Washington, Sub-chief of Lummi tribe, his x mark. (L.S.)
Whai-lan-hu, or Davy Crockett, Sub-chief of Lummi tribe, his x mark. (L.S.)
She-ah-delt-hu, Sub-chief of Lummi tribe, his x mark. (L.S.)
Kwult-seh, Sub-chief of Lummi tribe, his x mark. (L.S.)
Kwull-et-hu, Lummi tribe, his x mark. (L.S.)
Kleh-kent-soot, Skagit tribe, his x mark. (L.S.)
Sohn-heh-ovs, Skagit tribe, his x mark. (L.S.)
S'deh-ap-kan, or General Warren, Skagit tribe, his x mark. (L.S.)
Chul-whil-tan, Sub-chief of Suquamish tribe, his x mark. (L.S.)
Ske-eh-tum, Skagit tribe, his x mark. (L.S.)
Patchkanam, or Dome, Skagit tribe, his x mark. (L.S.)
Sats-Kanam, Squin-ah-nush tribe, his x mark. (L.S.)
Sd-zo-mahtl, Kik-ial-lus band, his x mark. (L.S.)
Dahtl-de-min, Sub-chief of Sah-ku-meh-hu, his x mark.
Sd'zek-du-num, Me-sek-wi-guilse sub-chief, his x mark.
Now-a-chais, Sub-chief of Dwamish, his x mark. (L.S.)
Mis-lo-tche, or Wah-hehl-tchoo, Sub-chief of Suquamish, (L.S.)
Sloo-noksh-tan, or Jim, Suquamish tribe, his x mark. (L.S.)
Moo-whah-lad-hu, or Jack, Suquamish tribe, his x mark. (L.S.)
Too-leh-plan, Suquamish tribe, his x mark. (L.S.)
Ha-seh-doo-an, or Keo-kuck, Dwamish tribe, his x mark. (L.S.)
Hoovilt-meh-tum, Sub-chief of Suquamish, his x mark. (L.S.)
We-ai-ah, Skaiwhamish tribe, his x mark. (L.S.)
S'ah-an-hu, or Hallam, Snohomish tribe, his x mark. (L.S.)
She-hope, or General Pierce, Skagit tribe, his x mark. (L.S.)
Hwn-lah-lakq, or Thomas Jefferson, Lummi tribe, his x mark. (L.S.)
Cht-simpt, Lummi tribe, his x mark. (L.S.)
Tse-sum-ten, Lummi tribe, his x mark. (L.S.)
Klt-hahl-ten, Lummi tribe, his x mark. (L.S.)
Kut-ta-kanam, or John, Lummi tribe, his x mark. (L.S.)
Ch-lah-ben, Noo-qua-cha-mish band, his x mark. (L.S.)
Noo-heh-oos, Snoqualmoo tribe, his x mark. (L.S.)
Hweh-uk, Snoqualmoo tribe, his x mark. (L.S.)
Peh-nus, Skai-whamish tribe, his x mark. (L.S.)
Yim-ka-dam, Snoqualmoo tribe, his x mark. (L.S.)
Twooi-as-kut, Skaiwhamish tribe, his x mark. (L.S.)
Luch-al-kanam, Snoqualmoo tribe, his x mark. (L.S.)
S'hoot-kanam, Snoqualmoo tribe, his x mark. (L.S.)
Sme-a-kanam, Snoqualmoo tribe, his x mark. (L.S.)
Sad-zis-keh, Snoqualmoo, his x mark. (L.S.)
Heh-mahl, Skaiwhamish band, his x mark. (L.S.)
Charley, Skagit tribe, his x mark. (L.S.)
Sampson, Skagit tribe, his x mark. (L.S.)
John Taylor, Snohomish tribe, his x mark. (L.S.)
Hatch-kwentum, Skagit tribe, his x mark. (L.S.)
Yo-i-kum, Skagit tribe, his x mark. (L.S.)
T'kwa-ma-han, Skagit tribe, his x mark. (L.S.)
Sto-dum-kan, Swinamish band, his x mark. (L.S.)
Be-lole, Swinamish band, his x mark. (L.S.)
D'zo-lole-gwam-hu, Skagit tribe, his x mark.
Steh-shail, William, Skaiwhamish band, his x
Kel-kahl-tsoot, Swinamish tribe, his x mark.
Pat-sen, Skagit tribe, his x mark. (L.S.)
Pat-teh-us, Noo-wha-ah sub-chief, his x mark (L.S.)
S'hoolk-ka-nam, Lummi sub-chief, his x mark. (L.S.)
Ch-lok-suts, Lummi sub-chief, his x mark. (L.S.)
Executed in the presence of us - -
M. T. Simmons, Indian agent.
C. H. Mason, Secretary of Washington Territory.
Benj. F. Shaw, Interpreter.
Chas. M. Hitchcock.
H. A. Goldsborough.
George Gibbs.
John H. Scranton.
Henry D. Cock.
S. S. Ford, jr.
Orrington Cushman.
Ellis Barnes.
R. S. Bailey.
S. M. Collins.
Lafayetee Balch.
E. S. Fowler.
J. H. Hall.
Rob't Davis.
S. Doc. 319, 58-2, vol. 2 43
Ratified Mar. 8, 1859.
Proclaimed Apr. 11, 1859.
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