Treaty with the Ute 1868

Indian Affairs. Laws and Treaties Volume II

990 TREATY WITH THE UTE, 1888. TBgdTY WITH THE UTX,1888. umr.2. lW. Article8 of a treaty and a reement made am? entered &to at wmhin - 15 SWU 619. Itatifled: JU~J 28, ton City, D. C., a ti adoad day pf Xarch, mu, thousand e@& 1w. hundred and &ad -eight, and bet.locen Nathan2 a. Taylor, Cmn-Pmclaimed, Nor. 6, tniasMvr of 1nJbr Afarra, Alsmndrr C Hunt $?Vt?rj~rn law. of Cob rado Terri ajd ex-o@o ~trperintendent o n tan afaz?~ and Ril Caron3ly adhod to re resnU tk nit& Slotsa of tk? one part, and the r e8entathea oftk Taik~~~h, &x~McL~, t,e, Weemhwk, Zp,Grand Rim; Ointah bad oybte Indiana, (whe nanm are &reto mkcribed,)dd authorid and m.ered to ad fbr tk body of tkpeap2.e of Raid LncEe, of th othm part, witneee: Certain prorisloxu ,,r former treaty ARTICLE1. All of the provieions of the tr~t concluded with the mmnned. Tahapuaehe band of Utah Indians October BeventE, one thousand eight hundred and sixt -three, as amended by the Senate of the United Statm and proclaimed.6ecember fourteenth, one thousand eight hundred and sixtv-four, which are not inconsistent with the provisions of this treat as hereinafter provided, are hereby re-afirmed and declared to & applicable and to continue in force as well to the other bands, reepec- tively, parties to this treat as to the Ta uache band of Utah Indians. ~em~ati~n, ARTIOLE8. The unitnd~tates agree "'3'at the following district of t country, to wit: Commencing at that point on the southern boundary- Bomdaria. line of the Territory of Colorado where the meridian of longitude 10'i5 west from Greenwich crosses the same; runnin thence north with said meridian to R point fifteen miles due north o 8where said meridian intemta the fortieth del of north latitude; thence due west to P" ;thence south with said the western boundary- ine of said Territor western boundary-line of said Territor to t Eesouthern boundary-line of said Territory; thence east with saidsoutbern boundary-line to the phe of beginnin ,aha11 be, and the same is hereby, set a rt for the absolute and un cfhturbed use and occu tion of the k In ians herein namedl and for such other friendly tn %&or individual Indians as from hme to time they may be willing, with the consent of the United mr emin *Statee; to admit among them; and the United States now solemnly rout6 residethereon. agree that no persons, except those herein authorized so to do, and except euch officers, agents, and employ& of the Government as rnaybe allthorized to enter upon Indian rmervations in diecharge of duties enjoined by law shall ever be permitted to s over, settle upon. or reside in the Territory described in this artic e, except ssherein other- P" wise provided. land- reled. '' Other 3. It is further agreed by the Indians, A~CLE rtiea hereto, that henceforth they will and do hereby relinquish all crima and rights in and to any portion of the United Statee or Territories,. except such as are embraced in the limite defined in the preceding art~cle. nc'esollthe ARTICLE4. The United States a ree to establish two encies on the mmaEn. "%- reservation provided for in artic e two, f one for the %rand River, Yampa, and Uintah bands, on White River, and the other for the he, Mwhe, Reeminuche, and Cnpote bands, on the Rio de 10s inos, on the reservation, and at its own proper expense to con- oth",:;$g.and struct at each of said agencies a warehouse, or store-room, for the ue of the agent in storin de belonging to the Indians, to cost not exceeding fifteen hunfreEollars; an agency-building for the resi- dence of the a ent, to cost not exceeding three thousand dollars; and four other bui 7dings for a carpenter, fanner blacksmith, and miller, ~chool-. each to cost not exceeding two thousand dollars; also a school-holw or mission-building, so soon as a sufficient number of children can be induced by the "8"nt to attend school, which shall not cost exceeding five thouwnd do1 am. mater-~o~erma-The United States me, further, to cause to be erected on said 1-eser- mill. vation, and near to eac 5agency herein authorized, reapectively, a good TBEATY WITH THE UTE, 1868. 991 water-power saw-mill, with e grist-mill end a ehin le-machine attached, the siune to cost not exceedin f eight thousand do lam each: hided, The ssme shall not be erec Juntil such time IW the Secretary of the Interior may think it neceessry to the wenta of the Indiana. ARTICLE6. The United Stabagree that the sgenta for said Indians, $pthnrlrcsin the future, shall mske their homes st the qpncy-buildin that nddsrhere. $" they shall reeide among the Indisns and keep an office open ste 1 times for the purpose of prompt end diiigent inquiry into such matters of compleint by and agsinst the Indians, ee may be presented for investi- tion under the provisions of their tresty stipulations, ee sleo for the &thful discharge of other duties enjoined on them by law. In ell wee of depredation on person or propert they shsll cause the evi- mp*n-depcq tq be taken in wrihn and forwardd together with their 6nd- ing, to the Commissioner o 4 Indian Affeire, whose decision, subject to the revision of the Secretary of the Interior, shsll be binding on the psi%ie~to this treaty. ARTICLE6. If bad men amon the white9 or among other people, thpw%dEsubject to the authority of the dited States, shell commit any =on upon the rson or roperty of the Indians the United States wilt upon pm P"made to t1e .gent end forwarded to the Cammissioner of Indian Affairs at Weehington Cit , proceed st once to cause the offender to be arrested .ad accordin to the laws of the United States, end elm re-imbume the injure 5person for the loss sustained. If bad men among the Indisns shdl commit 8 wrong or de redstion u,TI~%~upon the person or propert of any od; white, blsck, or 1nc!an, sub-ject to the authorit of the 5nit.d States end st $aoe therewith, the tribes herein nameisolemn~~ ree that they wil ,on proof mde to their .gent end notice to him, %liver up the wrongdoer to the United States to be tried and punished according to its lewe, end in cseetheywilfully refuse so to do, the person injured shell be re-imbureed for hia low from the ennuitiee or other moneys due or to become due to them under this or qther treatiee plade with the United Stah ARTICLE7. If any individual belon@ng to said tribe of Indisns or ATd=$ legslly incorporated with them, beln the head of e family shall ~C-~~IW desire to commence farming, he shall fave the privilege to select, in the preeence end with the assistance of the agent then in Cherge by metea and bounds, B tract of lend within said reservation not exceedin one hundred and sixty area in extent. which tnct, when so selected certified, and recorded in the land-book, aa herein directed, shall muse m5yip~a-me to be held in common, bnt the same may be occupied end held in w. exclusive possession of the person selecting it and his family so long as he or they may continue to cultivate it. Any person ovel eighfeen o f ~hd~ n ~ years of age, not being the hesd of 8 family may, in like manner, oelect end cause to be certified to him or her for purpoeee of cultiva- tion, e quantity of land not exceeding eighty acres in extent, and thereupon be entitled to the exclusive poseebsion of the eame asabove directed. For each tract of lend so selected a ceMcate containing a deacrip- rmhd-B"k. tion thereof, and the name of the person selecting it, with e certifidate endold thereon that the ssme ha been recorded, shall be delivered to the psrty entitled to it, by the ent, after the same shell heve been recorded by him in a book to be"Bept in his office subject to inspec-tion which said book shall be known aa the "Ute Lnd-~ook." he Yreeident map at any time order 8 survey of the reservation; f3-n.ek. and when so eurveyed Co shell provide for rotecting the righta of such Indian settlers in t elr mprovementa, an Smay fix the chew- tar of the title held by each. The United Stat. may pase such laws on the subject of alienstion d$$tzddt and descent of property, end on all subjects connected with the gov-ernment of the Indisna on said resewatidn and the internal polic~ thereof as may he thonght propcr. 992 TBEATX WITH THE UTE, 1888. ~daatbe ABTICLE8. In order to insure the civilization of the bands entering into this treaty, the neoeesity of education is mdmitted especially b such of them ms are or may be en ed in either pastorel, nl[ricultud or other peaceful urauita of civi lzsd life on said reservation, and B"k they therefore pi Jge thcmeelves to induce their children, mmle and ChlldRn to female, between the ege[s] of seven and eighteen years, to attend shwl. school; and it is hereby mmde the dut B of the agent for amid Indians to ~eethat this stipulmtion is oomplie with to the great. poaeible extent; and the United States ree that for eve? tbirty children '3 -hen.echoolho-and hetween mid mges who can be in ucsd to attend sc ool e house shell be provided, and a temcher competent to tesch the elementary branches of en English education shall be furnished, who will reslde among said Indians, and faithfully discharge his or her duties as teacher, the provisions of this article to continue for not lesa than twenty yeara Beeds and ARTICLE9. When the head of e family or lodge shd have selected ,implemem~*-lends, end received hie certificate ms above deecrihed, end the apt shall be satisfied that he intends, in good faith. to commence cultivat- ,he shmll be entitled to receive seeds and a@-the firat year, not exding in value one for each suding year he shmll continue to farm, for e period of three years more, he shdl be entitled to receive seeds end im lemenb aseforeeaid, not exceeding in vdae fifty dollars; t commence. farmin& and it is furt er stipulmted that such persons ms I~ from shall receive instructions from the farmer herein provided for; and o it ~ ~ her. Additional black-iti further stipulated that en mdditional blmcksmith to the one rovided rmlth. for in the treat of October asventh, one thousnd ei ht bunired end airty-three, ret',rred to.in article one of this treaty, sfall be ro~ded with such iron, steel, and other &rim1 ms may be neeme8 for the Uintah, Yamp, and Grand River agency. Unlw 8t.m ARTICLE10. At any time aftar ten years from the making of this dthdraw farmera, eic. treaty, the United Statm shall have the rivilege of withdrawing the farmers, blmcksmitb, carpentera, and m8ers hereia, and in the treaty of October seventh, one thonsend eight hundred and sixty-three, referred to in article one of this treaty, provided for, but in caee of such withdrawal, en mdditional sum thereafter of ten thoueand dollars r ennum shall be devoted to the education of emid Indians, and the gmmiasioner of Indian Adairs shd, upon careful in uiry into their condition, make such rules end regulations, subject to 71e approval of t the Secretary of the Interior, for the expenditure of amid sum as will best promote the educational end morel improvement of -id Indians. cl*m* blanketa, A~TIOLE 11. Thmt e sum, sufEcient in the discretion of Congrees, etc. for the absolute wenta of said Indiana, but not to exceed.thirty thou- and dollmre per ennum, for thirty earn, shall be expended, under the direction of the Secretary of the rVnterior for clothing, blankets, end such other articles of utility as he may think proper and neceslHIry upon full official reporte of the condition end wanta of mid Indians. Food+ meat* and ABTICLE12. That en kdditiond sum sufficient, in the discretion of regetsblm Con reas, (but not to exceed thirty thousand dollmrs per ennum,) to sup qy the wants of amid Indians for fd, shall be enndly expended unBer the direction of the Secretary of the Interior, in supplying mid Indians with beef, mutton, wheat, flour, bane, end potatoes, until such time ms amid Indians shall be found to be capeble of sustaining themselves. &w8md *"p. ARTIC~E18. That for the purpose of inducing said Indians to adopt habita of civilized life and become self-sustaining, the sum of fort -five thouamnd dollmre, for the first year, shall be e nded, under tie direction of the Secretary of the Interior,.in provi ~ng Y each lodge or head of a family in said confederated bmnds mth one ntle American cow, ma distinguished from the ordin~ry Mexican or Fexms breed, end five head of sheep. TBEATY WITH THE UTE, 1868. 993 A~TIQLE 14. The said confederated bands agree that whensoever, in ,~p&~~bP~ithe opinion of the President of the United Stah, the public interest way. may require it, that all roads, highways and railroads, authorized by law, shall have the right of way through the reservations herein des- ignated. ' TIO OLE 16.The Uni* Shtaa hereby agree to furnish the Indians ,~~,"'~d~,4r~~ the teachers ca ntere, millere, farmere, and blacksmithe, es herein ~ofi. contemplated, an ??tht such a ropriations shall bemade from time to time, on the estimates of the KretarY of the Interior, uwill be suf- N. G. Taylor, SEAL. A, C. Hunt, governor, &., Kit Carson, Comrniesioners on the part of the United States. U-re, his x mark. Ka-ni-ache, his x mark. An-ka-tosh, his x mark. Jose-Maria, his x mark. t, or Greenleaf, his x mark. giz:-f% x mark. Pa-nut hie x murk. Pi-&, his x mark. Su-viaap, his x mark. Pa-bu-eat, his x mark. Witnesses: Daniel C. Oskea, United States Indian agent. Lafa ette Head, United Stataa Indian agent. U. Jcurtis, interpreter. H. P. Hennet. Albert G. Boone. E. H. Kello wm. J. GJIL~. TBEATY WITH. TEE UTE, 1m. We, the chiefs and headmen of the aforesid named ban& of Ute Indians, duly authorized by our people, do hereby assent and the amendment of the Se-te, the same having been interprenez and being fully understood b us. Witness our hands and sea IV8 on the days and dab set opposite our names respectively. Dateof Idgntne. Bfgnatares. Interpretation of name. mud. 1868. Aug. 16 bwesch, hie x mark. Tah-nach. his x mark. White Lock of Hair. Granite Rock. Pah-ah-pitch, hie x mark. Tab-y-ou-eoucken, his x mark. Bhou-wach-a-wicket, hie x mark. Pe-ah, his x mark. Ah-ump hie x mark. An-tro, hie x mark. Wh, his x mark. Quir-nauch, his x mark. Yah-mah-na, his x mark. Bweet Herb. Bun Rim. Rain Bow. Black Tail Deer. Pine Tree. Rocking.Water. l%@e. Bnar. I Grand Rivq' UteIndium ,Pintah Ute Indiana Signed in the presence of- A. Sagendorf. Uriah M. Curtis, special interpreter. E. H. Kellog secret8 Colorado Indian superintendency. Daniel C &&Iunia states Indian agent. Louis 0.~owed. Date of Interpretation of name. Band. dgnatare. BlK-- Bept. 1 &wa-wakewitch, hie x mark. Blue River. Colorado, his x mark. Red. (8panbh.)Pa-ant, hie x mark. Tall. Yampas.Bn-ri-ap, his x mark. Mge Pole's Son. Nick-*@, his x mark. Green Imf. Signed in the presence of- E. H. Kellogg, secretary Indian superintendency Colorado Ter- ritor . U. M. Burtie special United States interpreter. Daniel C. Oakes. United State8 Indian asrent. H. P. Bennet. ' Louis 0.Howell. Dateof 84matareJ. Intrepretatlon of name~. Band.- dgnine. bpt. 14 OU-ray, his x mark. Arrow. Bhe-wa-na, his x mark. Blue Flower. ).-.- Guero, hie x mark. Light Haired. Tah-be-wah-che-kah, his x mnrk. Bun Rk. Ah&,-aah, hie x mark. Red Cloud. Ka-ni-ache, his x mark. One who waetaken down. . An-ka-toah, his x mark. Red. (Ute.) Bappo-wane-ri, hie x mark. Tusa-ma-ri-be, hie x mark. Na-ca-get, hie x mark. Son to TUB&BB-ri-be. Ya-maaj, hie x mark. or George.