Treaty with Utah - Tabeguache 1863

Indian Affairs. Laws and Treaties Volume II

TREATY WITH THE UTAH---TABEOUAOHR BAND, 1W. oc+7. lam Whereas the Tabeguache band of Utah Indians claim aa a at other Indian tribes an exclusive ri ht to the following-describef%t: ~.adMu. I, lea as their lauds and huntin grom!!e within the temto of the United UUv'O*l'-ows, to wit:Statesof America, beiug%ouoded and described asfo? on the 87th degree of north latitude, at the eastern bsee of ""#nn%lens thence northerly with the brute the adre Mountain* runnin of the Rocky Mountains to tLe forty%rst parallel of north latitude; eomd.riwofl.na*thence west with the line of said forty-first parallel of north latitude ft0. to ita intersection with the summit of the Snowy range northweet of the North Park; thence with the eummit of the Sno to the Rabbit-Eer Mountains; thence souther1 with ?t e summit of mid langs Rabbit-Ear range of Mountains, west of the dddle Park, to the Grand River; thence with the said Grand River to its confluence with the Ounnison River; thence with the mid Gunnieon River to the mouth of the Uncompah River; thence with the said Uncompah River to ite source in tf?e summit of the Gnowy range, opposite tre source of the Rio Grande del Norte; thence in a right line south to the summit of the Sierra La Plats range of mountains, dividin the waters of the Snn Juan River from those of the Rio Grande del fiorte; thence with the summit of said range southeasterly to the thirty-seventh parallel of north latitude; thence with the line of said parallel of latitude to the lace of beginning:" TE~Prwident of the United S&tes of America, by John Evans governor of COloredo Territory, and ~~euperintendent of 1ndia; daim for the same; Michael Gkk, superintendent of Indirrn affairs for the Territory of New Mexico; Simeon Whiteley and Lafayette Head, Indian npnte, duly authorized and ap inted as commkionem for the purpose, of the one r rt, and the un ersigqed chiefe and war- riors of the Tabe he banyof Utah Indians, of the other part, have made and enterxto the following treaty, which, when ratified by the Pmident of the United States, by and with the advice and conwnt of the Senate, shall be bindin on both partiea, to wit: ,$GTGm ARTIOLE1. It is admitted %y the Tabe che band of Utah Indians id. that they reside within the territorial gite of the United Stetecl, acknowledgiq their supremacy and claim their protection. The said hnd also hlta the right of the United States to regulate all trade and intercourse with them. CgdonofGdr ABTICLE9. Said Tabe ache band of Utah Indians hereby de, convey, and relin uish a 6of their claims, right, title, and iuterest in 9 and to any and a 1 lands within the territory of the United Ststee, wherever situated,exce tin that which is included within the following bonndariee, which are ere y reserved as their hunting-grounda, viz: k'% Bowl-. at the mouth of the Uncompahgre Biver; thence down "@nni3 Gunn~son iver to ita confluence with Bunhra River; thence up the Bunkara River to the Roarin Fork of the me; thence up the Raring Fork to ita eource; thence a fong the summit of the range dividing the waters of the Arkansae from tbose of the Gunnison River to its inter- eection with the range dividing the waters of the San Luis Valley from thow of the Gunnilron's Fork of the Great Coloredo Rive;; thence along the ~ummit of said range to the eource of the Uncompahg~-e Biver; thence from said source and down the main channel of mid Uncompahgre River to its mouth, the place of beginning. Nothing contained in this treaty shall be construed or taken to admit on the part of the United Statee any other or greater title or interest in the Ian& above excepted and rwrved in said tribe or band of Indiaps thnn existed in them upon the acquisition of mid Territory from Memco by the laws thereof. ABTICLE3. And it is further agreed that the United Btatea shall ,~~~~l~dmo.,p have the right to establish oue'or more military posh, with their need- knds not ceded. f ul reservations, upon the lands and huntiu -grounds not ceded by the Tabeguache band in this treaty; also the rigat to locate, construct, and maintain railroads and other roads and highwayti throu h the me, and along mutea of United States mail-lines, at suitab e points, to f establish and maintain stations. Any citizen of the United States ma mine, without iuterference or Mi-. molestation, in any part of the country Eereby reserved to said Indiana where gold or other metals or minerals may be found. ARTICLE4. And the said Tabe uache band hereby gives its consent oha arm he band d +at the Mohuache band of Utah 8ndians may also be settled with them '-upon the lands and hunting- ounds resewed in this treaty. ARTICLE5. And the mid !rabegumhe band further agrees to give dz=,: errfe-conduct to all peiesons who may be legally authorized by the -. United States to paas through their reservation, and to protect in their rsons and roperty all agenk or other pereons sent by the United &tes to resi le temporarily among them. ARTICLE6. That the fnendship which is now established between -Ofw'V'e. the United States and the Tabe uache band of Utah Indians should not be interrupted by the misoonfuct of individuals, it is hereby agreed that for injuries done no rivate reven e or retaliation shall take place, but, instead thereo P, complaint 0% all be made by the party injured to-the superintendent or a ent of Indian affairs, or other per- mu .printed by the President. fnd it shall be the duty of the chiefs 2Unn ot and-of sai Tabepche band, upon complaint being made as aforeeaid, to deliver u the pel.son or persons against whom the complaint is made, to the en $ that he or they ma be punished agreeably to the laws of the United States. And in li le manner, if any robbei violence, or murder shall be committed on any Indian or Indians bei",owing to 8aid . band, the perclon or persons so offending shall be tried and if found guilty, shall be punished in like manner as if the injury hed beendone to a white man. And it is agreed that the chiefs of said Tabeguache ,zw Of band shall, to the utmost of their power, exert themselves to recover horsev or other property which may be stolen or taken from any citi- zen or citizens or white residents of the United Statea by any individual or individuals of said band; and the property so recovered shall be forthwith delivered to the agents or other persons authorizedto receive it, that it may be restored to the proper owner. And for such prop- erty as any Indian or Indians belon in to mid band may have taken from citizens or white residents of t%%e nited Stab which cannot be . restored, payment shall be reserved from the annuities which the said band is to receive, upon sufficient proof of the fact. And the United Stab hereby guarantee to auy Indian or Indians of said band a full indemnification for an homes or other roper9 which may be stolen from them by any of &eir citizens or wfite ,dents: AwnXd, That the mperty so stolen cannot be recovered, and that eufficient proof ie profud that it was actually stolen b a citizen or white resident of the United States. And the said uache band engages, on the m",-dmOf whiU requisition or demand of the President o f the United Statw, or of the agents, to deliver up any white man reeident among them. ABTIOLE7. And the chiefs and warriom as aforemaid prombe and ~~-ot-. engage their band will never, bj sale, exchange, or ee presents supply any nation or tribe of Indians, not in amity with the united States, with gum, ammunition, or other implemeuta of war. ABTICLE8. EIor the period of ten years the said band shall receive, -"e-annually, by such distribution as the Secretary of the Interior may direct, ten thousand dollars' worth of goods, and also ten thousand dollars' worth of provisions. TBEATY WITH THE BHOSHONI-GOBHIP, 1883. 869 Witnesses to the treat : Jno. 9.Nioolay, kcretary to the Cammission. Chas. E. Phillips, histant Secretary to Comieeion. J. W. Chroughton, alone1 Firet Cavalry of Colorado, Com- manding D~strict. hue1 F. Tappan, Lieutenant-Colonel First Cavalry of Colo- rado. Charlee Kerher, Captain, First Cavalry of Colorado. J. P. Beneeteel, Captain, First Cavalry of Colorado. Inte reters: An V. Valdes. Bemardo Sanchez his x mark. Amador Sanchez, hi^ x mark. TEEATY WITH TEE 8H08HOEI-QOSIIIP,1863. Treat of pace and dship rnada at fiiUa 7 in th Tsrm'tory . at.12, less.P October, A. D. one t %nd eight hun-18 sr M bhh, this tw fmday of -btliledhu:7,lm&and +-three, between tb UnW Stafca of Ammica, repre- eented by tb u?ui.m.;Sd comm.&xth.ms,and th Sh+-Ooshap r.,, huia of Indiam, ~epreeented by tirei~ chiefs, prtprtmipal men, and WaMs, aafoums: AETICLE1. l'eace and friendshi is hereby establhhed and shall be &peeand frlend hereafter maintained between the 5hoshonee-Goship bands of lndians and the citizens and Government of the United Stah; and the said bands stipulate and agree that hostilities and all depredations upon the nt trains, the mail and telegraph lines, and upon the citizens of t e United Statea, within their country, shall c&. emir AB~OLE2. It is further stipulated by said bands that the several mEgggyr&r;routes of travel through their county now or hereafter used by white -m. men shall be forever free and unobstructed by them, for the use of the Government of the United States, and of all emigrants and travel- lers within it under its authority and protection, without moleetation or injury from them. And if de redrrtions are at an time committed 8nrrenderofdend-by bad men of their own or o tEer tribea within tl7eir country, the em offenders shall be immediately taken and delivered up to the proper oficers of the United States, to be punished aa their offences may deeerve; and the safety of all travellers psssing peaceably over either of wid routes is hereby guaranteed by said .bands. Military poets may be established by the President of the United 6$$pr-gband Statea alon said routes, or elsewhere in their country; and station- houses may% erected and occupied at such inta asmay be neoesayfor the comfort and convenience of travel ers or for the uee of the I"' mail or telegra h companies. ,, Telegraphandover- ABTICLE3. $he telegraph and overland stage lines havy been es9b- ,_,, lished and operated by companies under the authority o the United States throu h the county occupied by said bands, it is expresely agreed that t%e same ma be continued w~thout hindrance, molwtation or injury from the peopTe of mid bands, and that their property, and the livea and pl-operty of passengem in the stages, and of the emp oyees of the respective companies, shall be rotected by them. And further, it being understood tlat rovision has hen made by ruunnandb-d-the Government of the United States for t1e construction of a railwa from the plains west to the Pacific Ocean, it is stipulated by said ban zs that the mid railway or its branches may be located, constructed, and t ore country claimed or occupied by them. rated, and without molestation from them, through any portion of