Point No Point Treaty of 1855
Articles of agreement
and convention made and concluded at Hahdskus, or Point no Point,
Suquamish Head, in the Territory of Washington, this twenty-sixth
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, headmen, and delegates of the different villages
of the S'Klallams, viz: Kah-tai, Squah-quaihtl, Tch-queen,
Ste-tehtlum, Tsohkw, Yennis, Elh-wa, Pishtst, Hunnint, Klat-la-wash,
and Oke-ho, and also of the Sko-ko-mish, To-an-hooch, and Chem-a-kum
tribes, occupying certain lands on the Straits of Fuca and Hood's
Canal, in the 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, viz: Commencing at the mouth
of the Okeho River, on the Straits of Fuca; thence southeastwardly
along the westerly line of territory claimed by the Makah tribe of
Indians to the summit of the Cascade Range; thence still
southeastwardly and southerly along said summit to the head of the
west branch of the Satsop River, down that branch to the main fork;
thence eastwardly and following the line of lands heretofore ceded
to the the United States by the Nisqually and other tribes and bands
of Indians, to the summit of the Black Hills, and northeastwardly to
the portage known as Wilkes' Portage; thence northeastwardly, and
following the line of lands heretofore ceded to the United States by
the Dwamish, Suquamish, and other tribes and bands of Indians, to
Suquamish Head; thence northerly through Admiralty Inlet to the
Straits of Fuca; thence westwardly through said straits to the place
of beginning; including all the right, title, and interest of the
said tribes and bands to any land in the Territory of Washington.
ARTICLE 2. There is, however, reserved for the present use and
occupation of the said tribes and bands the following tract of
land, viz: The amount of six sections, or three thousand eight
hundred and forty acres, situated at the head of Hood's Canal, to be
hereafter 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 and
bands, 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.
ARTICLE 3. The said tribes and bands agree to remove to and
settle upon the said reservation 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 lands not in the actual claim or occupation of citizens of the
United States, and upon any land claimed or occupied, if with the
permission of the owner.
ARTICLE 4. 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 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.
ARTICLE 5. In consideration of the above cession the United
States agree to pay to the said tribes and bands the sum of sixty
thousand dollars, in the following manner, that is to say: during
the first year after the ratification hereof, six thousand dollars;
for the next two years, five thousand dollars each year; for the
next three years, four thousand dollars each year; for the next four
years, three thousand dollars each year; for the next five years,
two thousand four hundred dollars each year; and for the next five
years, one thousand six hundred 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 6. 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 six thousand dollars, to be laid out
and expended under the direction of the President, and in such
manner as he shall approve.
ARTICLE 7. The President may hereafter, when in his opinion
the interests of the Territory shall require, and the welfare of
said Indians be promoted, remove them from said reservation 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. And he may further, at his discretion, cause the whole or any
portion of the lands hereby reserved, or of such other lands 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 applicable. Any substantial improvements
heretofore made by any Indians, 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 therefore accordingly.
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. 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 cases of
depredations against citizens. And the said tribes agree not to
shelter or conceal offenders against the United States, but to
deliver them up for trial by the authorities.
ARTICLE 10. The above tribes and bands are desirous to exclude from
their reservation the use of ardent spirits, and to prevent
their 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.
ARTICLE 11. 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 tribes and bands 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 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
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 annuities.
ARTICLE 12. The said tribes and bands agree to free all slaves
now held by them, and not to purchase or acquire others hereafter.
ARTICLE 13. 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 in
their reservations without consent of the superintendent or agent.
ARTICLE 14. 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 aforesaid tribes and bands of Indians
have hereunto set their hands and seals at the place and on the day
and year here before written.
Isaac I. <b>Stevens</b>, governor and superintendent. (L.S.)
Chits-a-mah-han, the Duke of York, Chief of the S'klallams, his x
mark. (L.S.)
Dah-whil-luk, Chief of the Sko-ko-mish, his x mark. (L.S.)
Kul-kah-han, or General Pierce, Chief of the Chem-a-kum, his x mark.
(L.S.)
Hool-hole-tan, or Jim, Sko-ko-mish sub-chief, his x mark. (L.S.)
Sai-a-kade, or Frank, Sko-ko-mish sub-chief, his x mark. (L.S.)
Loo-gweh-oos, or George, Sko-ko-mish sub-chief, his x mark. (L.S.)
E-dagh-tan, or Tom, Sko-ko-mish sub-chief, his x mark. (L.S.)
Kai-a-han, or Daniel Webster, Chem-a-kum sub-chief, his x mark. (L.
S.)
Ets-sah-quat, Chem-a-kum sub-chief, his x mark. (L.S.)
Kleh-a-kunst, Chem-a-kum sub-chief, his x mark. (L.S.)
He-atl, Duke of Clarence, S'klallam sub-chief, his x mark. (L.S.)
Lach-ka-nam, or Lord Nelson, S'klallam sub-chief, his x mark. (L.
S.)
Tchotest, S'klallam sub-chief, his x mark. (L.S.)
Hoot-ote St, or General Lane, S'klallam sub-chief, his x mark. (L.
S.)
To-totesh, S'klallam sub-chief, his x mark. (L.S.)
Hah-kwja-mihl, S'klallam sub-chief, his x mark. (L.S.)
Skai-se-ee, or Mr. Newman, S'klallam sub-chief, his x mark. (L.S.)
Kahs-sahs-a-matl, S'klallam sub-chief, his x mark. (L.S.)
S'hote-ch-stan, S'klallam sub-chief, his x mark. (L.S.)
Lah-st, or Tom, S'klallam sub-chief, his x mark. (L.S.)
Tuls-met-tum, Lord Jim, S'klallam sub-chief, his x mark. (L.S.)
Yaht-le-min, or General Taylor, S'klallam sub-chief, his x mark.
(L.S.)
Kla-koisht, or Captain, S'klallam sub-chief, his x mark. (L.S.)
Sna-talc, or General Scott, S'klallam sub-chief, his x mark. (L.S.)
Tseh-a-take, or Tom Benton, S'klallam sub-chief, his x mark. (L.S.)
Yah-kwi-e-nook, or General Gaines, S'klallam sub-chief, his x
mark. (L.S.)
Kai-at-lah, or General Lane, Jr., S'klallam sub-chief, his x
mark. (L.S.)
Captain Jack, S'klallam sub-chief, his x mark. (L.S.)
He-ach-kate, S'klallam sub-chief, his x mark. (L.S.)
T'soh-as-hau, or General Harrison, S'klallam sub-chief, his x
mark. (L.S.)
Kwah-nalt-sote, S'klallam sub-chief, his x mark. (L.S.)
S'hoke-tan, S'klallam sub-chief, his x mark. (L.S.)
Paitl, S'klallam sub-chief, his x mark. (L.S.)
Wen-a-hap, S'klallam sub-chief, his x mark. (L.S.)
Klew-sum-ah, S'klallam sub-chief, his x mark. (L.S.)
Se-att-home-tau, S'klallam sub-chief, his x mark. (L.S.)
Tsat-sat-hoot, S'klallam tribe, his x mark. (L.S.)
Pe-an-ho, S'klallam tribe, his x mark. (L.S.)
Yi-ah-hum, or John Adams, S'klallam tribe, his x mark. (L.S.)
Ti-itch-stan, S'klallam tribe, his x mark. (L.S.)
Soo-yahntch, S'klallam tribe, his x mark. (L.S.)
Ttseh-a-take, S'klallam tribe, his x mark. (L.S.)
He-ats-at-soot, S'klallam tribe, his x mark. (L.S.)
Tow-oots-hoot, S'klallam tribe, his x mark. (L.S.)
Tsheh-ham, or General Pierce, S'klallam tribe, his x mark. (L.S.)
Kwin-nas-sum, or George, S'klallam tribe, his x mark. (L.S.)
Hai-ahts, John, S'klallam tribe, his x mark. (L.S.)
Hai-otest, John, S'klallam tribe, his x mark. (L.S.)
Seh-win-num, S'klallam tribe, his x mark. (L.S.)
Yai-tst, or George, S'klallam tribe, his x mark. (L.S.)
He-pait, or John, S'klallam tribe, his x mark. (L.S.)
Slimm, or John, S'klallam tribe, his x mark. (L.S.)
T'klalt-soot, or Jack, S'klallam tribe, his x mark. (L.S.)
S'tai-tan, or Sam, S'klallam tribe, his x mark. (L.S.)
Hut-tets-oot, S'klallam tribe, his x mark. (L.S.)
How-a-owl, S'klallam tribe, his x mark. (L.S.)
Executed in the presence of us - -
M. T. Simmons,
C. H. Mason, secretary Washington Territory,
Benj. F. Shaw, interpreter,
John H. Scranton,
Josiah P. Keller,
C. M. Hitchcock, M.D.,
A. B. Gove,
H. A. Goldsborough,
B. J. Madison,
F. A. Rowe,
Jas. M. Hunt,
George Gibbs, secretary,
John J. Reilly,
Robt. Davis,
S. S. Ford, Jr.,
H. D. Cock,
Orrington Cushman,
J. Conklin.
Ratified Mar. 8, 1859.
Proclaimed Apr. 29, 1859.
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