The Quinault River Treaty signed July 1, 1855
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DOCUMENT: QUINTRET.TXT
T H E Q U I N A U L T R I V E R T R E A T Y
(Signed by the Quinault on the Quinault River: July 1, 1855)
(Signed by the United States of America at Olympia: January 25,1856)
(Ratified by the United States in Washington D.C.: 1859)
TREATY OF THE QUINAIELT, ... 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 an 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 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.
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 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.
ARTICLE 3. 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.
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 later case the
annuities, payable to the consolidated tribe 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.
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
of 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 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 medicine
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 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 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 Hay-nee-si-oos
tribe Hoo-e-yas'lsee
How-yat'l, Head Chief Quil-ley-yute Quilt-le-se-mah
tribe Yah-le-hum
Kal-lape, Sub-chief Quil-ley-yute Wah-kee-nah, Sub-chief
Tah-ah-ha-wht'l Sub-chief Quil-ley- Qui-nite'l tribe
utes Yer-ay-let'l Sub-chief
Lay-le-whash-er Silley-mark'l
E-mah-la-cup Cher-lark-tin
Ash-chak-a-wick How-yat'l
Ay-a-quan Kne-she-guartsh, Sub-chief
Yats-see-o-kop Klay-sumetz
Karts-so-pe-ah Kape
Quat-ade-tot'l Hay-et-lite'l
Now-ah-ism Kler-way-sr-hun
Cla-kish-ka Quar-ter-heit'l
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; James Tilton, surveyor -
general Washington Territory; H.A. Goldsborough; commissary, &c.;
F. Kennedy; B.F. Shaw, interpreter; J.Y. Miller; H. D. Cock.
[The following is the relevant article from the Treaty with the
Omaha referred to in Article 6 of the Quinault River Treaty.]
TREATY WITH THE OMAHA, 1854
Article 6
ARTICLE 6. The President may, from time to time at his
discretion cause the whole or such portion of the land hereby
reserved as he may think proper or of such other land as may be
selected in lieu thereof, as provided for in article first to be
surveyed into lots and to assign to such Indian or Indians of said
tribe as are willing to avail of the privilege, and who will
locate on the same as a permanent home, if a single person over
twenty-one years of age, one-eighth of a section; to each family
of two, one quarter section; to each family of three and not
exceeding five, one half section; to each family of six and not
exceeding ten, one section; and to each family over ten in number,
one quarter section for every additional five members. And he may
prescribe such rules and regulations as will insure to the family,
in case of death of the head thereof, the possession and enjoyment
of such permanent home and the improvements thereon. And the
President may, at any time, in his discretion, after such person
or family has made a location on the land assigned for permanent
home issue a patent to such person or family for such assigned
land, conditioned that the tract shall not be alienated or leased
for a longer term than two years; and shall be exempt from levy,
sale, or forfeiture, which conditions shall continue in force,
until a State constitution, embracing such lands within its
boundaries, shall have been formed, and the legislature of the
State shall remove the restrictions. And if any such person or
family shall at any time neglect or refuse to occupy and till a
portion of the lands assigned and on which they have located, or
shall rove from place to place, the President may, if the patent
shall have been issued, cancel the assignment, and may also
withhold from such person or family, their proportion of the
annuities or other moneys due them, until they shall have returned
to such permanent home, and resumed the pursuits of industry; and
in default of their return the tract may be declared abandoned,
and thereafter assigned to some other person or family of such
tribe, or disposed of as is provided for the disposition of the
excess of said land. And the residue of the land hereby reserved,
or of that which may be selected in lieu thereof, after all of the
Indian persons or families shall have had assigned to them
permanent homes, may be sold for their benefit, under such laws,
rules or regulations, as may hereafter be prescribed by Congress
of President of the United States. No State legislature shall
remove the restrictions herein provided for, without the consent
of Congress.
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