The Treaty of Point Elliott

Main article: Treaty of Point Elliott

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The Treaty of Point Elliott was signed on 22 January 1855, at Muckl-te-oh or Point Elliott, now Mukilteo, Washington, and ratified in spring 1859. Signatories to the Treaty of Point Elliott included Territorial Governor Isaac Stevens and representatives from the Duwamish, Suquamish, Snoqualmie, Snohomish, Lummi, Skagit, Swinomish, and other tribes. The Duwamish signatories to the treaty were si'áb Si'ahl (Chief Seattle), si'áb Ts'huahntl, si'áb Now-a-chais, and si'áb Ha-seh-doo-an. Other prominent Native American signers included Snoqualmoo (Snoqualmie) and Snohomish chief Patkanim, identified on the treaty as Pat-ka-nam; Skagit chief Goliah; and Lummi chief Chow-its-hoot. The treaty guaranteed both fishing rights and reservations.^[34] The treaty established the Port Madison, Tulalip, Swinomish, and Lummi reservations. Reservations for the Duwamish, Skagit, Snohomish, and Snoqualmie are conspicuously absent.
As noted above, Coast Salish did not have permanent political offices or formal political institutions that were understood by Whites. Due to a documented mix of motivations, Territorial Governor Isaac Stevens appointed chiefs of tribes in order to facilitate goals of his administration. The Point Elliott Treaty is further complicated by the style of governor Stevens, and the gulf of misunderstanding between the parties.^[34][35]
The treaty contains provisions that raised concern by an attorney in the employ of the Natives at the treaty negotiations. It also contains the now-famous provision cited by Judge Boldt 118 years later:

ARTICLE 5.

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.

According to Hazard Stevens, son of Isaac Stevens, "The salient features of the policy outlined [by Governor Stevens to his advisers] were as follows:

1. To concentrate the Indians upon a few reservations, and encourage them to cultivate the soil and adopt settled and civilized habits.

2. To pay for their lands not in money, but in annuities of blankets, clothing, and useful articles during a long term of years.

3. To furnish them with schools, teachers, farmers and farming implements, blacksmiths, and carpenter, with shops of those trades.

4. To prohibit wars and disputes among them.

5. To abolish slavery.

6. To stop as far as possible the use of liquor.

7. As the change from savage to civilized habits must necessarily be gradual, they were to retain the right of fishing at their accustomed fishing-places, and of hunting, gathering berries and roots, and pasturing stock on unoccupied land as long as it remained vacant.

8. At some future time, when they should have become fitted for it, the lands of the reservations were to be allotted to them in severalty."^[36]

[Italics and underlines added]

These goals were significantly different from the verbal assurances provided during negotiations, and all the Native Nations were oral cultures.^{[citation needed]}