Page:United States Statutes at Large Volume 12.djvu/991

 TREATY WITH THE MAKAH TBIBE. Ju. 31, 1855. 939 Deaty between the United States of America and the Makah Tribe of Dtdians. Ooncladed at Neah Bay, Washington Territory, January 31, 1855. Rattfied by the Senate, March 8, 1859. Proclaimed lg the President of the United States, April 18, 1859. JAMES BUCHANAN, PRESIDENT OF THE UNITED STATES OF AMERICA, ro ALL. AND SINGULAR T0 WHOM THESE rmcsnurs sz-ram. coun, cxnnrme: Jmmu·yg1,1355 Wnnnnns a treaty was made and concluded at Neah Bay, in the Territory of Wasliington, on the thirty-first day of January, eighteen hundred and fifty-five, between Isaac I. Stevens, governor and superintendent of Indian affairs for said Territory, on the part of the United States, and the hereinafter-named chiefs, headmen, and delegates of the several villages of the Makah tribe of Indians, viz.: Neah Waatch,Tsoo· Yess, and Osett, occupying the country around Cape Classett or Flattery, on behalf of the said tribe and duly authorized by the same; which treaty is in the words and figures following, to wit: Articles of agreement and convention, made and concluded at Neah C,,,,,,.,,,,,,,,,,g Bay, in the Territory of Washington, this thirty·Iirst day of January, in Parties. the year 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 several villages of the Makah tribe of Indians, viz.: Neah Waatch, Tsoo -Yess, and Osett, occupying the country around Cape Classett or Flattery, on behalf of the said tribe and duly authorized by the same. .ARTICLE I. The said tribe hereby cedes, relinquishes, and conveys S¤¤‘r¤¤d¢r vi" to the United States all their right, title, and interest in and to the lands 1l’}:§;;'gf;l';s and country occupied by it, bounded and described as follows, viz: Com- Bouudmcsi mencing at the mouth of the Oke-ho River, on the Straits of Fuca; thence running westwardly with said straits to Cape Classett or Flattery; thence southwardly along the coast to Osett, or the lower Cape Flattery; thence eastwardly along the line of lands occupied by the Kwe—déh-tut or Treaties, ante, Kwill-eh-yute tribe of Indians, to the summit of the coast range of moun- P- 7- tains, and thence northwardly along the line of lands lately ceded to the United States by the S’Klallam tribe to the place of beginning, including all the islands lying oH` the same on the straits and coast. ARTICLE II. There is, however, reserved for the present use and occu- Rcsemticm pation of the said tribe the following tract of land, viz. : Commencing on B¤¤¤d¤-vi¤¤· the beach at the mouth of a small brook running into Noah Bay next to the site of the old Spanish fort; thence along the shore round Cape Classett or Flattery, to the mouth of another small stream running into the bay on the south side of said cape, a little above the Waatch village; thence following said brook to its source; thence in a straight line to the source of the first-mentioned brook, and thence following the same down to the place of beginning; which said tract shall be set apart, and so far as necessary surveyed and marked out for their exclusive use ; nor shall Whites not to auyiwhite man be permitted to reside upon the same without permission mg; °§;°°“# of the said tribe and of the superintendent or agent; but if necessary for ROA, may bo the public convenience, roads may be run through the said reservation, made. the Indians being compensated for any damage thereby done them. It is, however, understood that should the President of the United States here- VOL. x11. TREAT.-121