Treaty of Medicine Creek
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The Treaty of Medicine Creek was an 1854
treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
between the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, and nine tribes and bands of Indians, occupying the lands lying around the head of Puget Sound, Washington, and the adjacent inlets. The tribes listed on the Treaty of Medicine Creek are Nisqually,
Puyallup Puyallup may refer to: * Puyallup (tribe), a Native American tribe * Puyallup, Washington, a city ** Puyallup High School ** Puyallup School District ** Puyallup station, a Sounder commuter rail station ** Washington State Fair, formerly the ...
, Steilacoom, Squawskin (
Squaxin Island Squaxin Island is in the extreme southwestern part of Puget Sound in Mason County, Washington, United States. The island is an Indian reservation of the Native American Squaxin Island Tribe. It once contained a Washington State Park by the same n ...
), S'Homamish, Stehchass, T'Peeksin, Squi-aitl, and Sa-heh-wamish. The treaty was signed on December 26, 1854, by
Isaac I. Stevens Isaac Ingalls Stevens (March 25, 1818 – September 1, 1862) was an American military officer and politician who served as governor of the Territory of Washington from 1853 to 1857, and later as its delegate to the United States House of Represen ...
, governor and superintendent of Indian Affairs of the territory at the time of the signing, along with the chiefs, head-men and delegates of the stated tribes. For the purpose of the treaty, these representatives who signed the treaty were stated to have been, "regarded as one nation, on behalf of said tribes and bands, and duly authorized by them."


Background

Isaac Stevens Isaac Ingalls Stevens (March 25, 1818 – September 1, 1862) was an American military officer and politician who served as governor of the Territory of Washington from 1853 to 1857, and later as its delegate to the United States House of Represen ...
was the governor of Washington Territory in 1854. He was directly responsible for all Native American affairs including making treaties to acquire land for the United States Government. In December 1854 Stevens called a meeting of the Native American tribes who lived in the South Puget Sound area. He focused on these tribes in particular because he stated they were good laborers, excellent fisherman, and because they were also controlling trade in the area. The major tribes included the Puyallup, the Muckleshoot and the Nisqually. The Cowlitz Tribe were not included as these people had taken up farms and been absorbed into the white community in 1893. Isaac Stevens elected to hire George Gibbs to be his second in command to negotiate the treaty, as Gibbs had traveled west in 1849 and was familiar with the native peoples. The Native Americans were told the treaty would help them by paying them for some of the land. It ended up taking prime farmland and relocating the tribes onto rough reservations. Chief Leschi of the Nisqually tribe protested the treaty. He and his people marched to Olympia to have their voices heard but Isaac Stevens ordered them away. When the natives refused to leave, Isaac Stevens would eventually call martial law and - after the beginning of the
Puget Sound War The Puget Sound War was an armed conflict that took place in the Puget Sound area of the state of Washington in 1855–56, between the United States military, local militias and members of the Native American tribes of the Nisqually, Muckl ...
in 1855 - initiate a search for Chief Leschi in order to arrest him. Chief Leschi was eventually captured and put on trial. The first jury couldn’t come to a verdict, so Isaac Stevens had the trial done a second time. This time Leschi was found guilty. Chief Leschi was hanged on February 19, 1858.


Site

The site of the treaty was near the
Nisqually River The Nisqually River is a river in west central Washington in the United States, approximately long. It drains part of the Cascade Range southeast of Tacoma, including the southern slope of Mount Rainier, and empties into the southern end of Pu ...
delta, along a creek then known as ''She-nah-num'' by the natives, or Medicine Creek by white settlers. The creek is now known as McAllister Creek. The signing took place in
Thurston County, Washington Thurston County is a county located in the U.S. state of Washington. As of the 2020 census, its population was 294,793. The county seat and largest city is Olympia, the state capital. Thurston County was created out of Lewis County by the g ...
, on December 26, 1854,HistoryLink.org, ''Native American tribal leaders and Territorial Gov. Stevens sign treaty at Medicine Creek on December 26, 1854''
/ref> in a grove of Douglas fir trees well known to the tribes. The single tree remaining on the site from the original grove at the Nisqually River Delta was a de facto monument, known as Treaty Tree. On June 14, 1922 (Flag Day) the Sacajawea Chapter of the Daughters of the American Revolution placed a bronze tablet on the Medicine Creek Treaty Tree bearing the following inscription: "Site of the Medicine Creek Treaty between Governor Isaac I. I. Stevens and Puget Sound Indians 1854 Marked by Sacajawea Chapter, Daughters of the American Revolution 1922." Though not recognized as an official historical location, the site was avoided during the creation of
Interstate 5 Interstate 5 (I-5) is the main north–south Interstate Highway on the West Coast of the United States, running largely parallel to the Pacific coast of the contiguous U.S. from Mexico to Canada. It travels through the states of Californi ...
in the 1960s. A monument was erected on the hillside overlooking the creek, pointing at the site in 1976, by students of nearby Timberline High School. The monument is in the shape of a peace sign when viewed from the air, contains an old Navy buoy which represents the spherical thinking of Native Americans, a rusty railroad rail representing the white mans rusted straight thinking and a time capsule to be opened in 2076. The DAR Plaque disappeared from the site during the 1970s. The large Treaty Tree, which had been languishing for decades, was formally recognized as diseased by 1975, and by 1979 was dead. Seeds from Treaty Tree that were gathered in the 1970s were re-planted in a circle 40 feet from it. The dead snag was left standing and still visible from the Interstate until 2007, finally falling during severe windstorms. In June 2013, a new plaque was dedicated in front of a tree growing from a seedling of the last Treaty Tree. This off-spring tree is growing on the bluff of the Thurston County Courthouse campus. Representatives of local treaty tribes joined Thurston County Commissioners for the ceremony. The plaque is inscribed as follows: "The treaty of Medicine Creek was signed December 26, 1854 by representatives of the United States Government and the leaders of the Nisqually, Puyallup and Squaxin Island Indian Tribes. The treaty established the future formal relationship between the U. S. and the Indian Nations. The Treaty Tree was located in the Nisqually delta where the 1854 treaty was signed. The treaty tree was lost in the winter of 2007, but several seedlings were propagated, including this offspring. These living trees stand testimony to the ongoing responsibilities agreed to among the signatories." The Thurston County Historic Commission was instrumental in working with the Tribes and Thurston County in arranging for the plaque and the dedication ceremony. The site, now in the Billy Frank Jr. Nisqually National Wildlife Refuge, was designated by Congress as the Medicine Creek Treaty National Memorial on December 18, 2015. It is only accessible by boat up McAllister Creek.


Treaty

The treaty granted 2.24 million acres (9,060;km²) of land to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
in exchange for establishment of three reservations, cash payments over a period of twenty years, and recognition of traditional native
fishing Fishing is the activity of trying to catch fish. Fish are often caught as wildlife from the natural environment, but may also be caught from fish stocking, stocked bodies of water such as fish pond, ponds, canals, park wetlands and reservoirs. ...
and
hunting Hunting is the human activity, human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/hide (skin), hide, ...
rights. The exact nature of those rights was disputed until the
Boldt Decision ''United States v. Washington'', 384 F. Supp. 312 (W.D. Wash. 1974), aff'd, 520 F.2d 676 (9th Cir. 1975), commonly known as the Boldt Decision (from the name of the trial court judge, George Hugo Boldt), was a legal case in 1974 heard in ...
in 1974; the Boldt Decision would also be upheld by the U.S. Supreme Court in 1979. Since the Boldt Decision, the tribes named in the treaty have had a recognized right to half of the fish caught on traditional lands throughout south
Puget Sound Puget Sound ( ) is a sound of the Pacific Northwest, an inlet of the Pacific Ocean, and part of the Salish Sea. It is located along the northwestern coast of the U.S. state of Washington. It is a complex estuarine system of interconnected m ...
, while before it, state and territorial governments allowed the tribes much less. The original Nisqually reservation was in rocky terrain and unacceptable to the Nisqually, who were a riverside fishing people. They went to war in 1855.HistoryLink.org, ''Nisquallys and Klickitats battle Territorial Volunteers in Pierce County beginning October 27, 1855''
/ref> An unfortunate outcome of a year of skirmishes that followed was that Nisqually Chief Leschi was hanged for murder. Leschi would be informally exonerated by the Historical Court of Inquiry of Washington State in a unanimous, though non-legally binding, ruling in December 2004.


See also

*
Puget Sound War The Puget Sound War was an armed conflict that took place in the Puget Sound area of the state of Washington in 1855–56, between the United States military, local militias and members of the Native American tribes of the Nisqually, Muckl ...
* Battle of Seattle


References

{{wikisource Medicine Creek Native American history of Washington (state) 1854 treaties 1845 in Washington Territory