Point Elliott Treaty
1/22/1855
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This treaty between the United States and the Coastal Salish Indians was signed at Point Elliott in Washington Territory (now Mukilteo, Washington). Leaders of Duwamish, Suquamish, Snoqualmie, Snohomish, Stillaguamish, Swinomish, Skagit and Lummi tribes attended the Council at Point Elliott to discuss the treaty. Territorial Governor Isaac Stevens represented the United States and drafted the treaty.
Governor Stevens and 82 tribal headmen signed the treaty on January 22, 1855, including Chief Sealth (Chief Seattle) representing the Duwamish, Chief Patkanim representing the Snohomish and Snoqualmies, Chief Goliah representing the Skagits, and Chief Chow-its-hoot representing the Lummis.
In 1850, Congress had passed the Oregon Donation Land Act, which encouraged white settlers to move to Oregon and Washington Territories by offering them free land. The Point Elliott treaty compensated the tribes for this loss of land. Governor Stevens structured the treaty as an exchange of some money, but mostly goods and services, for the land. Tribes would receive annuities and the Government would set up a school, doctor, and other services. The tribes agreed to live on reservation land, giving up millions of acres, much of what is now western Washington State. The treaty established four reservations: Tulalip, Lummi, Swinomish and Port Madison.
The treaty secured Indian fishing rights to fish in all of their "...usual and accustomed..." off-reservation places, and to hunt and gather on any unclaimed land. These fishing rights were upheld in court in 1974 in what is known as the Boldt Decision. The treaty also abolished slavery and the use of alcohol on the reservations. It was ratified by Congress on April 11, 1859.
Governor Stevens and 82 tribal headmen signed the treaty on January 22, 1855, including Chief Sealth (Chief Seattle) representing the Duwamish, Chief Patkanim representing the Snohomish and Snoqualmies, Chief Goliah representing the Skagits, and Chief Chow-its-hoot representing the Lummis.
In 1850, Congress had passed the Oregon Donation Land Act, which encouraged white settlers to move to Oregon and Washington Territories by offering them free land. The Point Elliott treaty compensated the tribes for this loss of land. Governor Stevens structured the treaty as an exchange of some money, but mostly goods and services, for the land. Tribes would receive annuities and the Government would set up a school, doctor, and other services. The tribes agreed to live on reservation land, giving up millions of acres, much of what is now western Washington State. The treaty established four reservations: Tulalip, Lummi, Swinomish and Port Madison.
The treaty secured Indian fishing rights to fish in all of their "...usual and accustomed..." off-reservation places, and to hunt and gather on any unclaimed land. These fishing rights were upheld in court in 1974 in what is known as the Boldt Decision. The treaty also abolished slavery and the use of alcohol on the reservations. It was ratified by Congress on April 11, 1859.
Transcript
- 1855 - Original and Printed Copies.Treaty with the Dwamish, Suquamish, Sk-tahl-mish, Samahmish, etc. and other allied and subordinate Tribes in Washington Territory
Dated January, 22. 1855
Ratified, April 11. 1859
James Buchanan.
President of the United States
To all and singular to whom
These Presents shall come Greeting
Whereas a Treaty was made and concluded at Múckl-te-óh, or Point Elliott, in the Territory of Washington the twenty-second day of January, one thousand eight 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 hereinafter named Chiefs, Headmen and Delegates of the Dwámish Suquámish, Sk-táhl-mish, Samáhmish, Smalh-kahmish, Skope-áhmish, St-káh-mish, Snoquálmoo, Skai-wha-mish, N'Quentl-má-mish, Sk-táh-le-jum, Stoluck-whá-mish, Sno-ho-mish,
Skágit, Kik-i-állus, Swin-a-mish, Squin-áh-mish, Sah-ku-méhu, Noo-whá-há, Nook-wa-cháh-mish, Me-sée-qua-guilch, Cho-bah-áh-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, which Treaty is in the words and figures following to wit:
Articles of Agreement and Convention, made and concluded at Múckl-te-óh, 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 Dwámish, Suquámish, Sk-táhl-mish, Samáhmish, Smalh-kámish, Skope-áhmish, St-káh-mish, Snoquálmoo, Skal-whámish, N'Quentl-má-mish, Sk-táh-le-jum, Stoluck-whá-mish, Sno-hó-mish Skágit, Kik i-állus, Swin-a-mish, Squin-áh-mish, Sah-ku-méhu, Noo-whá-ha, Nook-wa-cháh-mish, Me-sée-qua-guilch, Cho-bah-áh-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.
Art. I. 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 Hood’s 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.
Art. II. 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.
Art. III. 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.
Art. IV. 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.
Art. V. 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.
Art. VI.
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 year, 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 years; 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.
Art. VII. 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 suc 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.
Art. VIII. The annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals.
Art. IX. 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-defence, 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.
Art. X. 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.
Art. XI. The said tribes and bands agree to free all slaves now held by them and not to purchase or acquire others hereafter.
Art. XII. 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.
Art. XIII. 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.
Art. XIV. 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 instruc[tor]
tor 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.
Art. XV. 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.
[column on left]
Executed in the presence of us.
M. T. Simmons Indian agent
C. H. Mason Secy Wash. Terr.
Benj. F. Shaw Interpreter
Chas. M. Hitchcock
H. A. Goldsborough
George Gibbs.
John H. Scranton
Henry D. Cock
S. S. Ford Junr
Orrington Cushman
Ellis Barnes
[column on right]
Isaac I. Stevens (L.S.) Gov. & Supdt
Seattle X Chief of the Dwamish and Suquamish tribes L.S.
Pat-ka-nam X Chief of the Snoqualmoo, Snohomish and other tribes L.S.
Chow-its-hoot X Chief of the Lummi and other tribes. L.S.
Goliah X Chief of the Skagits and other allied tribes L.S.
Kwallattum X or Gen. Pierce Sub chief of Skagit tribe L.S.
S’hootst-hoot X Sub-chief of Snohomish L.S.
Snah-talc X or Bonaparte Sub chief of Snohomish L.S.
Squush-um X or The Smoke Sub chief of the Snoqualmoo L.S.
[column on left]
R. S. Bailey
S. M. Collins
Lafayette Balch
E. S. Fowler
J. H. Hall
Rob’t Davis
[column on right]
See-alla-pa-han X or The Priest Sub chief of Sk-tah-le-jum L.S.
He-uch-ka-nam X or George Bonaparte Sub chief of Snohomish L.S.
Tse-nah-talc X or Joseph Bonaparte Sub chief of Snohomish L.S.
Ns’ski-oos X or Jackson Sub chief of Snohomish L.S.
Wats-ka-lah-tchie X or John Hobtsthoot Sub chief of Snohomish L.S.
Sméh-mai-hu X Sub-chief of Skai-wha-mish L.S.
Slat-eah-ka-nam X Sub chief of Snoqualmoo L.S.
St’hau-ai X Sub chief of Snoqualmoo L.S.
Lugs-ken X Sub-chief of Skai-wha-mish L.S.
S’heht-soolt X or Peter Sub chief of Snohomish L.S.
Do-queh-oo-satl X Snoqualmoo tribe L.S.
John X Kanam Snoqualmoo sub chief L.S.
Klemsh-ka X nam Snoqualmoo L.S.
Ts’huahntl X Dwa-mish sub chief L.S.
Kwuss-ka-nam X or George Snatelum, Sen Skagit tribe L.S.
Hel-mits X or George Snatelum, Skagit Sub chief L.S.
S’kwai-kwi X Skagit tribe, sub-chief L.S.
Seh-lék-qu X Subchief Lummi tribe L.S.
S’h’-cheh-oos X or Gen Washington Subchief of Lummi tribe L.S.
Whai-lán-hu X or Davy Crockett Subchief of Lummi tribe L.S.
She-áh-delt-hu X Subchief of Lummi tribe L.S.
Kwult-séh X Subchief of Lummi tribe L.S.
Kwull-et-hu X Lummi tribe L.S.
Kleh-kent-soot X Skagit tribe L.S.
Sohn-néh-ovs X Skagit tribe L.S.
S’deh-ap-kan X Gen Warren Skagit tribe L.S.
Chul-whil-tan X Subchief of Suquamish tribe L.S.
Ske-éh-tum X Skagit tribe L.S.
Patchkanam X or Dome Skagit tribe L.S.
Sats-Kanam X Squin-ah-nush tribe L.S.
Sd-zo-mahtl X Kik-ial-lus band L.S.
Dahtl-de-min X Subchief of Sah-ku-meh-hu L.S.
Sd’zek-du-num X Me-sek-wi-guilse subchief L.S.
Now-a-chais X Subchief of Dwamish L.S.
Mis-lo-tche or X Wah-héhl-tchoo Subchief of Suquamish L.S.
Sloo-noksh-tan X or Jim Suquamish tribe L.S.
Moo-whah-lad-hu X or Jack Suquamish tribe L.S.
Too-leh-plan X Suquamish tribe L.S.
Ha-seh-doo-an X or Keo-kuck Dwamish tribe L.S.
Hoovilt-meh-tum X Sub-chief of Suquamish L.S.
We-ai-pah X Skaiwhamish tribe L.S.
S’ah-an-hu X or Hallam Snohomish tribe L.S.
She-hope X or Gen. Pierce Skagit tribe L.S.
Hwn-lah-lakq X or Thos Jefferson Lummi tribe L.S.
Cht-simpt X Lummi tribe. L.S.
Tse-sum-ten X Lummi tribe L.S.
Klt-hahl-ten X Lummi tribe L.S.
Kut-ta-kanam X or John Lummi tribe L.S.
Ch-lah-ben X Noo-qua-cha-mish band L.S.
Noo-heh-oos X Snoqualmoo tribe L.S.
Hweh-uk X Snoqualmoo tribe L.S.
Peh-nus X Skai-whamish tribe L.S.
Yim-ka-nam X Snoqualmoo tribe L.S.
Twooi-as-kut X Skaiwhamish tribe L.S.
Luch-al-kanam X Snoqualmoo tribe L.S.
S’hoot-kanam X Snoqualmoo tribe L.S.
Sme-a-kanam X Snoqualmoo tribe L.S.
Sad-zis-keh X Snoqualmoo L.S.
Heh-mahl X Skaiwhamish band L.S.
X Charley Skagit tribe L.S.
X Sampson Skagit tribe L.S.
X John Taylor Snohomish tribe L.S.
Hatch-kwentum X Skagit tribe L.S.
Yo-i-kum X Skagit tribe L.S.
T’kwa-ma-han X Skagit tribe L.S.
Sto-dum-kan X Swinamish band L.S.
Be-lole X Swinamish band L.S.
D’zo-lole-gwam X hu Skagit tribe L.S.
Steh-shail X William Skaiwhamish band L.S.
Kel-kahl-tsoot X Swinamish tribe L.S.
Pat-sen X Skagit tribe L.S.
Pat-teh-us X Noo-wha-ah sub chief. L.S.
S’hoolk-ka X nam Lummi sub-chief L.S.
Ch-lok-suts X Lummi [crossed out: Chief] sub-chief L.S.
[blank page]
no. 2
Treaty made at Point Elliott, W.T. with the Dwamish, Suquamish, Snohomish, Skagits [etc.]
January 22 1855.
And, Whereas, the said Treaty having been submitted to the Senate of the United States, for its constitutional action thereon, the Senate did on the eight day of March one thousand eight hundred and fifty-nine, advise and consent to the ratification of its articles, by a resolution, in the words and figures following, to wit:
Recd. Mar [illegible]
In Executive Session
Senate United States
March 8, 1859
Resolved, (two thirds of the Senators present concurring) that the Senate advise and consent to the ratification of
Treaty
between the United States and the chiefs Headmen and Delegates of the Dwamish Suquamish and other allied and subordinate Tribes of Indians occupying certain lands situated in Washington Territory, signed the 22nd day of Jany 1855,
Attest
Asbury Dickens
Secretary
Now, therefore, be it known that I, James Buchanan, President of the United Sates of America do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the eight of March one thousand eight hundred and fifty-nine accept, ratify and confirm the said Treaty.
In Testimony Whereof, I have caused the Seal of the United States to be hereto affixed, and have signed the same with my hand.
Done at the City of Washington, this Eleventh day of April, in the year of our Lord, one thousand eight hundred and fifty-nine, and of the Independence of the United Sates the eighty-third.
[signature] James Buchanan
The President
[signature] Lewis Cass
Secretary of State
[seal in bottom left corner]
[Printed version of the treaty]
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 160903547
Full Citation: Treaty Between the United States and the Dwamish, Suquamish, and Other Indians Signed at Point Elliott, Washington Territory; 1/22/1855; Ratified Indian Treaty #283; Ratified Indian Treaty 283: Dwamish, Suquamish, et al. - Point Elliott, Washington Territory, January 22, 1855; Indian Treaties, 1789 - 1869; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/point-elliott-treaty, May 9, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.