Treaty with Indians at Medicine Creek
12/26/1854
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This is the treaty between the United States and the Nisqualli, Puyallup and other Indians, signed at Medicine Creek in Washington Territory in 1854.
After the Revolutionary War, the United States had continued the European practice of negotiating treaties with the Native Peoples similarly to how they negotiated with foreign governments. This practice changed gradually over time.
In 1831, the Supreme Court case Cherokee Nation v. Georgia changed the status of Native tribes from "independent, sovereign nations" to "domestic dependent nations." Treaties, however, still followed the pattern of requiring negotiations between the U.S. Government and tribal governments and ratification by Congress. Not all negotiated treaties were ratified.
In 1871, Congress passed the Indian Appropriations Act, which suspended all further treaties with Native governments. After that time, all changes or additions to Native lands or status were conducted by Executive Order, Acts of Congress, and decisions of the Federal Courts. To this day federally recognized American Indian tribes and Alaska Natives retain the right of self-government and usually hold a legal position directly under the Federal Government.
After the Revolutionary War, the United States had continued the European practice of negotiating treaties with the Native Peoples similarly to how they negotiated with foreign governments. This practice changed gradually over time.
In 1831, the Supreme Court case Cherokee Nation v. Georgia changed the status of Native tribes from "independent, sovereign nations" to "domestic dependent nations." Treaties, however, still followed the pattern of requiring negotiations between the U.S. Government and tribal governments and ratification by Congress. Not all negotiated treaties were ratified.
In 1871, Congress passed the Indian Appropriations Act, which suspended all further treaties with Native governments. After that time, all changes or additions to Native lands or status were conducted by Executive Order, Acts of Congress, and decisions of the Federal Courts. To this day federally recognized American Indian tribes and Alaska Natives retain the right of self-government and usually hold a legal position directly under the Federal Government.
Transcript
1Articles of Agreement and Convention, made and concluded on the She-nah-nam or Medicine Creek in the Territory of Washington this twenty sixth day of December in the year one thousand eight hundred and fifty four, by Isaac I. Stevens, Governor and Superintendent of Indian Affairs of the said Territory on the part of the United States, and the undersigned Chiefs, headmen and delegates of the Nisqually, Puyallup, Steilacoom, Squawksin, S'Homa'mish, Ste'h-chass, T'peek-sin, Squi-aitl and Sa-heh-wamish tribes and bands of Indians, occupying the lands lying under the head of Puget's Sound and the adjacent inlets, who for the purpose of this treaty are to be regarded as one nation, on behalf of said tribes and bands, 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, to wit:
Commencing at the point on the eastern side of Admiralty Inlet, known as Point Pully, about midway between Commencement and Elliott Bays; thence running in a South easterly direction, following the divide between the waters of the Puyallup and Dwamish or White rivers to the summit of the Cascade Mountains, thence southerly along the summit of said range to a point opposite the main source of the Skookum Chuck Creek, thence to and down said Creek to the coal mine, thence Northwesterly to the summit of the Black Hills, thence northerly to the upper forks of the Sat-sop river, thence northeasterly through the portage known as Wilkes' portage to Point Southworth on the western side of Admiralty Inlet, thence around the foot of Vashon's Island easterly and southeasterly to the place of beginning.
Art, II There is however reserved for the pursuit use and occupation of the said tribes and bands, the following tracts of land, viz: The small island called Klah-che-min, situated opposite the mouths of Hammersley's and Totter's inlets, and separated from Hartstene island by Peale's passage, containing about two sections of land by estimation; A square tract containing two sections or twelve hundred and eighty acres on Puget's Sound near the mouth of the She-nah-nam creek, one mile west of the meridian line of the United States land Survey, and a square tract containing two sections or twelve hundred and eighty acres lying on the south side of Commencement Bay; 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 tribe and the Superintendent or Agent. And the said tribes and bands agree
to remove to and settle upon the same written 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 ground not in the actual claim and occupation of citizens of the United States, and upon any ground claimed or occupied if with the permission of the owner or claimant. If necessary for the public convenience, roads may be run through their reserves, and on the other hand the right of way with free access from the same to the nearest public highway is secured to them.
Art. III The right of taking fish at all 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, gathering roots and berries and pasturing their horses on open and unclaimed lands, Provided however that they shall not take shell fish from any beds, staked or cultivated by citizens, and that they shall alter all stallions not intended for breeding horses and shall keep up and confine the latter.
Art. IV In consideration of the above cession, the United States agree to pay to the said tribes and bands the sum of Thirty two thousand, five hundred dollars in the following manner, that is to say. For the first year after the ratification hereof, three thousand, two hundred and fifty dollars; for the next two years three thousand dollars each year, for the next three years, two thousand dollars each year, for the next four years, fifteen hundred dollars each year, for the next five years, twelve hundred dollars each year, and for the next five years one thousand 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. V 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 three thousand, two hundred and fifty dollars to be laid out and expended under the direction of the President and in such manner as he shall approve.
Art. VI. The President may hereafter,when in his opin
2
ion the interests of the Territory may require, and the welfare of the said Indians be promoted, remove them from either or all of said reservations to which other suitable place or places within said Territory as he may deem fit, or renumerating 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 land as may be selected in 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 substantive 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 be made accordingly therefor.
Art. VII. The annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals.
Art. VIII. The aforesaid 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 proved 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 defense, 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 there 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. IX. 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 or her proportion of the annuities withheld from him or her for such time as the President may determine
Art. X. The United States further agree to establish, at the general Agency for the District of Puget's Sound, with in 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 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 medical attendance, to be defrayed by the United States, and not deducted from the annuities.
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 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.
Art XIII 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 & delegates of the aforesaid tribes and bands have hereunto set their hands and seals at the place and on the day and year hereinbefore written.
Executed in the presence of us.
M. T. Simmons
Indian Agent
James Doty
Secretary of the Commission
Isaac I. Hevens L.S.
Gov. & Sup.ent Pt. Wash.
Qui-ee-metl X LS
C.H. Mason
Secy. Wash. Terr
Sno-ho-dum-set X LS
W. A. Slaughter Lesh-high X LS
1st Lieut 4th Inftry
James McAlister Slip=o-elm X LS
&
E. Giddings Jr Kwi-ats LS
George Shazer Stee-high X LS
Henry L Cock Di-a-Kéh * LS
S.S. Ford Junr Hí-ten X LS
Jno W McAlister Squá-ta-hun X LS
Clovington Cushman Kahk-tse-min X LS
Peter Anderson Sonan-o-yutl X LS
Samuel Klady Kl-tehp. X LS
W H Pullen Sahl-ko-min X LS
P.O. Haugh T'bet-ste-heh-bit X LS
E. R. Tyerell Tcha-hoos-tan X LS
George Gibbs Ke-chah-hat X LS
Benj F Shaw Spee-péh X LS
Interpreter
Swe-yáh-tum X LS
Hazard Stevens Chah-achsh X LS
Pich-Kéhd X LS
S'Klah-o-sum X LS
San-le-tatl X LS
See-lup X LS
E-la-kah-ka P LS
Slúg-yeh X LS
Hi-nuk X LS
Ma-mo-nish X LS
Cheels X LS
Knutcanut X LS
Bats-ta-Kobe X LS
Win-ne-ya X LS
Klo-Out X LS
Se-Uch-Ka-Nam X LS
Ske-Mah-Han X LS
Wuts-un-a-pum X LS
Quuts-a-tadm X LS
Quut-a-heh-mtsn X LS
Yah-leh-chn X LS
To-lahl-kut X LS
Yul-lout X LS
See-ahts-out-soot X LS
Ye-tahko X LS
We-po-it-ee X LS
Kah-sld X LS
Lah-hom-kan X LS
Pah-how-at-ish X LS
Swe-yehm X LS
Sah-Hwill X LS
Se-kwhat X LS
Kah-hum-klo X LS
Yah-Kwo-bah X LS
Wut-sah-le-wun X LS
Sah-ba'hat X LS 4
Tel-e-Kish X LS
Swe-Keh-nam X LS
Sit-oo-ah X LS
Ko-quel-a-cut X LS
Jack X LS
Keh-Kise-be-lo X LS
Go-yeh-hn X LS
Sah-putsh X LS
William X LS
Treaty W 472
Made and concluded Decr 26 1854
by and between Gov. Isaac I. Stevens
Commissioner on the part of the
United States and the chiefs, Head
men and Delegates of the Nisqually
Puyallup, Steilacoom, Squawskin,
S'Homamish, Steh-chass,
T'Peeksin, Squi-ailt and Sa-
heh-Wamish Tribes and Bands
of Indians, on the She-nah-nam
Creek in the Territory of Washington.
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 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.
Art XIII 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 & delegates of the aforesaid tribes and bands have hereunto set their hands and seals at the place and on the day and year hereinbefore written.
Executed in the presence of us.
M. T. Simmons
Indian Agent
James Doty
Secretary of the Commission
Isaac I. Hevens L.S.
Gov. & Sup.ent Pt. Wash.
Qui-ee-metl X LS
C.H. Mason
Secy. Wash. Terr
Sno-ho-dum-set X LS
W. A. Slaughter Lesh-high X LS
1st Lieut 4th Inftry
James McAlister Slip=o-elm X LS
&
E. Giddings Jr Kwi-ats LS
George Shazer Stee-high X LS
Henry L Cock Di-a-Kéh * LS
S.S. Ford Junr Hí-ten X LS
Jno W McAlister Squá-ta-hun X LS
Clovington Cushman Kahk-tse-min X LS
Peter Anderson Sonan-o-yutl X LS
Samuel Klady Kl-tehp. X LS
W H Pullen Sahl-ko-min X LS
P.O. Haugh T'bet-ste-heh-bit X LS
E. R. Tyerell Tcha-hoos-tan X LS
George Gibbs Ke-chah-hat X LS
Benj F Shaw Spee-péh X LS
Interpreter
Swe-yáh-tum X LS
Hazard Stevens Chah-achsh X LS
Pich-Kéhd X LS
S'Klah-o-sum X LS
San-le-tatl X LS
See-lup X LS
E-la-kah-ka P LS
Slúg-yeh X LS
Hi-nuk X LS
Ma-mo-nish X LS
Cheels X LS
Knutcanut X LS
Bats-ta-Kobe X LS
Win-ne-ya X LS
Klo-Out X LS
Se-Uch-Ka-Nam X LS
Ske-Mah-Han X LS
Wuts-un-a-pum X LS
Quuts-a-tadm X LS
Quut-a-heh-mtsn X LS
Yah-leh-chn X LS
To-lahl-kut X LS
Yul-lout X LS
See-ahts-out-soot X LS
Ye-tahko X LS
We-po-it-ee X LS
Kah-sld X LS
Lah-hom-kan X LS
Pah-how-at-ish X LS
Swe-yehm X LS
Sah-Hwill X LS
Se-kwhat X LS
Kah-hum-klo X LS
Yah-Kwo-bah X LS
Wut-sah-le-wun X LS
Sah-ba'hat X LS 4
Tel-e-Kish X LS
Swe-Keh-nam X LS
Sit-oo-ah X LS
Ko-quel-a-cut X LS
Jack X LS
Keh-Kise-be-lo X LS
Go-yeh-hn X LS
Sah-putsh X LS
William X LS
Treaty W 472
Made and concluded Decr 26 1854
by and between Gov. Isaac I. Stevens
Commissioner on the part of the
United States and the chiefs, Head
men and Delegates of the Nisqually
Puyallup, Steilacoom, Squawskin,
S'Homamish, Steh-chass,
T'Peeksin, Squi-ailt and Sa-
heh-Wamish Tribes and Bands
of Indians, on the She-nah-nam
Creek in the Territory of Washington.
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 12013261
Full Citation: Treaty between the United States and the Nisqualli, Puyallup and Other Indians at Medicine Creek, Washington Territory; 12/26/1854; Ratified Indian Treaty 281: Nisqualli, Puyallup, et al. - Medicine Creek, Washington Territory, December 26, 1854; Indian Treaties, 1722 - 1869; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://docsteach.org/documents/document/treaty-indians-medicine-creek, March 15, 2025]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
