Treaty of Neah Bay

Treaty of Neah Bay
Name	Treaty of Neah Bay
Long name	Treaty Between the United States and the Makah Tribe
Date signed	1855
Location signed	Neah Bay, Washington
Signatories	Isaac Stevens; Chief King George (Klahowya)
Parties	United States; Makah
Language	English; Makah language

Treaty of Neah Bay The Treaty of Neah Bay is an 1855 agreement between the United States and the Makah tribe that ceded territorial claims while reserving specific rights for the Makah at Neah Bay. Negotiated during the era of Isaac Stevens' territorial administration, the treaty influenced later interactions among the Bureau of Indian Affairs, the U.S. Navy, and Pacific Northwest tribes such as the Quileute, Chinook, and Clallam. Its provisions affected resource access, sovereignty disputes, and litigation involving the Supreme Court of the United States and the Department of the Interior.

Background and Negotiation

Negotiations occurred amid tensions involving Isaac Stevens as superintendent of Washington Territory, encounters with representatives of the Bureau of Indian Affairs, and overlapping claims by the Hudson's Bay Company and American settlers. The Makah delegation, led by chiefs including King George (Klahowya) and Chief Kiwet, met Stevens near Cape Flattery at Neah Bay, alongside observers from the U.S. Navy, missionaries from the Methodist Episcopal Church, and traders affiliated with Oregon Trail commerce. The treaty process mirrored other contemporaneous agreements like the Treaty of Medicine Creek and the Treaty of Point Elliott and was influenced by regional dynamics involving Captain George Vancouver, Chief Seattle, and trading posts such as Fort Nisqually.

Terms of the Treaty

The treaty ceded Makah claims to lands in exchange for a reservation at Neah Bay, annuities administered by the Bureau of Indian Affairs, and guarantees for retained subsistence rights. Specific clauses addressed hunting, fishing, and whaling rights, echoing provisions in the Treaty of Point No Point and resembling obligations seen in treaties with the Yakama Nation and Swinomish. The agreement referenced payment mechanisms similar to those in treaties administered by the Department of War and later overseen by the Department of the Interior and federal agents such as Washington Seaton. It also included stipulations about land survey and allotment practices later associated with the General Allotment Act.

Signatories and Parties Involved

Primary negotiators included Isaac Stevens for the United States and Makah leaders including King George (Klahowya), whose names appear among chiefs representing the Makah community. Witnesses and federal agents included officers of the U.S. Navy and staff from the Bureau of Indian Affairs, while missionaries from the Methodist Episcopal Church and commercial representatives from the Hudson's Bay Company were present. Later institutional actors involved in treaty interpretation included the Department of the Interior, the United States Department of Justice, and the Supreme Court of the United States.

Implementation and Enforcement

Implementation required federal administration by the Bureau of Indian Affairs and enforcement by agencies such as the U.S. Army and the U.S. Navy in the Pacific Northwest. Disputes over boundaries invoked cartographic work by the United States Coast Survey and surveyors aligned with the General Land Office. Enforcement intersected with state authorities in Washington (state), the territorial government of Washington Territory, and local jurisdictions influenced by settlements in places like Port Townsend and Olympia. Conflicts over resource rights led to involvement by federal courts, including cases heard by the Ninth Circuit Court of Appeals.

Impact on Makah Tribe and Other Indigenous Peoples

The treaty shaped Makah subsistence, particularly for whaling and sealing traditions tied to cultural leaders comparable to figures such as Chief Seattle among regional tribes. It also influenced relations with neighboring peoples including the Quileute, Hoh, and Quinault, and affected interactions with commercial interests represented by the Hudson's Bay Company and settler communities from the Oregon Trail diaspora. Federal annuities and reservation boundaries altered Makah governance structures, intersecting with policies later enforced under the Indian Reorganization Act and tribal constitutions modeled during the 20th century.

Legal Challenges and Subsequent Treaties

Legal disputes over the treaty’s interpretation surfaced in litigation before the Supreme Court of the United States and regional courts such as the Ninth Circuit Court of Appeals, particularly concerning fishing and whaling rights that resonated with cases like United States v. Washington and treaties involving the Yakama Nation. Subsequent agreements and federal actions, including executive orders by presidents and administrative rules from the Department of the Interior, revisited reservation boundaries, subsistence provisions, and regulatory authority. International dimensions involved maritime considerations addressed by figures such as Captain Charles Wilkes and institutions like the United States Coast Guard.

Historical Legacy and Commemoration

The treaty’s legacy is commemorated at sites including the Neah Bay community and interpretive centers linked to the Makah Cultural and Research Center, alongside exhibits referencing exploration by Captain James Cook and encounters involving George Vancouver. Debates over commemoration engage scholars from institutions such as the University of Washington, the Seattle Museum of History & Industry, and the American Anthropological Association, as well as tribal historians and cultural leaders. Ongoing recognition involves federal agencies like the National Park Service and state bodies in Washington (state), and continues to inform discussions about indigenous rights, heritage preservation, and legal precedent across the United States.

Category:1855 treaties Category:Makah Category:Washington Territory