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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