Treaty with Navaho 1868

Indian Affairs. Laws and Treaties Volume II

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You can search through the full text of this book on the web at http://books.google.com/ 1 = Page 1 = Non- Circulating = Page 2 = = Page 3 = = Page 4 = INDIAN AFFAIRS. LAWS AND TREATIES. (TREATIES. COMPILED AND EDITH) BY CHABLES J. WPLEB, LL. M., Curu TO THB S~ATB OO- on L2eDruO~AxnLb WASHINGTON: OOVEBNMENT PBINTINO OFFIOB. 1904. = Page 5 = = Page 6 = TaEATY WITH TEE NAVAHO, 1868. force or validity aa against the said Indians unless executed and signed by at least a majority of all the adult male Indians, occupying'or inter- ested in the same; and no cession by the tribe shall be understood or construed in such manner ae to deprive, without his consent, any indi- vidual member of the tribe of hia right to any tract of land selected by him, aa hereinbefore rovided. ARTICLE 8. It is agrA th~t the sum of five hundred dollars annu- Z~,PC= all for three years, from the date when they commenced to cultivate a arm, shall be expended in presenb to the P ten persons of said tribe who, in the judpment of the agent, may grow the moat valuable crop for the mpecbve year. W. T. Sherman, Lieutenant-General. Wm. S. Hamey, Brevet Major-General, U. S. Army. Alfred H. Terry, Brevet Major-General. C. C!. Augur, Brevet Major-General. John Tappan, B. Sanborn, S. F. Co~nmiseioners. Attest: Ashton S. H. White, Secretary. Wah-tah-nah, Black Bear, hh x We-ahevoee, The Big Wolf, his sark. [EEXL.] xmark. 1-1 Bah-ta+he, Medicine Man, his x Chea-ne-on-e-ah, The Beau, hi6 x mark. [-.I mark. 1-L.1 Oh-cum-ga-che, Little Wolf, hi x Matah-newetah, The Man that wk. [EEAL.] falls from his horn, his x mark. [EXAL.] Ichetah-en, Bhort Hair, hie I Oh-e-neku, White Crow, his x mark. [w.] mark. 1s- I Non-n-be, 6orrel Home, hie x A-che-km-kd, Little Bhield, mark. [e~a~.] his x mark. ' [EXAL.] Ka-te-u-nan, The Under Man, his Tah-mela-pash-me, or Dull Knife, x mark. [EEL] hie x mark. 1-1 Ah-che-e-wah, The Man in the Bky, his mark. x [m~.] Attest: Geor B. Willis Phonographer. David &ox. .~ohn%. ~owhnd. Chw. Freeman. Alex. Gardner. Jas. C. 07Connor. TBEdTY WITH TIE BAVAEO, 1868. Artidea o a treaty and reemsnt made and entered into at Fmt Sum- JIULel* ner, Xh, on t% $rat clay of .&me om thawand eight AM- . 1s ~t.tr, p. 667. d Batinmi JU~Y za, dred and &zty-ng&, b and bhem the bnnibd Stutee, rqw-ted wm RocklmdAwa 6y ita (nmm-8, hutenant-~d W. T. S- and C& , onel Samuel F. Tapn, the of om rt, ad tAe Navajo Nation m tribe of Indkne, repreeented by t ir chkfi and Aeua-men, duly R" n.ud?wrized and mpmered act to far th whole people of wid nation or tribe, (the narnes part, of eaid chiefe and heud-men being ksto Bub- ecribed,) of the otb wihese: P- .nd friend- ARTICLE From this day forward all war between the t e 1. rties to this agreement shall forever cease. The Government of United r' Statee desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to keep it. = Page 7 = 1016 TREATY WITH THY NAVAHO, 1868. Madm-3 If bad men among the whites, or among other people subject to the whita lo be .oapanirbed. authority of the Unlted States, shall wmmit any wrong upon the per- eon or property of the Indians, the United States will, upon proof made to the agent and forwarded once to the Commissioner of Indian Affairs at Washington City, proceed at to cause the offender to be arrested and unished according to the laws of the United States, and also to reim urn the injured persons for the loss sustained. g If the bad men among the Indians shall commit a wron or depd- beyEnF%e un~&%t.t, tion upon the person or pro rt of an one, white, blac or Indian, % , tatea peace subject to the authority of t e nited 76 5 and at therewith, the Navajo tribe him, deliver up the wron oer ngree that they will, on proof made to their agent, and on notice b punished eccordinq to the United Stated, to be tried an B to its aws; and in case they wil- ? fully refuse so to do, the person injured shall be reimbursed for his loss from the annuities or other moneys due or become due to to them under this treaty, or any others that may be made with the United States. And the President may prescribe such rules and regulations RUlm for m- for ascertaining damagea under this article w in his judgment may be danuger ro r; but no such dam e shall be adjusted and paid until exam- Pnxand psseed upon b %e 'eCommissioner of Indian Ahim, and no because one sustaining lm whi st violating, or T of his violating the provisions of this treaty or the laws of the United States, shah be reimbursed therefor. thsreon. the President, shall esr-be y-mdto pass over, settle upon, or reside in, the territory descrl e In this article. BUU~IW to be ARTICLE 3. The United States agrees to cause to be built, at some Shta point within said ~Seservation, where timber and water map be con- venient, the followin buildings: a warehouse, to wst not exceedin twenty-five hundred ollara. an ency buildin for the residence o 5 f the agent, not to cost exceeding %ree thousanf dollars; a carpenter- sho and blacksmith-ahop, not to cost exceeding one thousand dollara em%; and a schoolhouse and chapel, 80 soon as a sufficient number of children can be induced to attetld school, which shall not cost to exceed five thousand dollars. mnt 14 -0 hir Amn~ 4. The United States a uilding; that he shall reside amo that the agent for the Navajos home and remide where. hall make his home at the e ncy r them, and shall keep an o ce open at all times for the urpose o K "L[ prompt and diligent inquiry into such matters of comp aint by or P inst the Indians as may be presented for investigation, as also for faithful discharge of other duties enjoined by law. In all cases of de redation on person or pro rty he shell cause the evidence to be ta en in writing and forwardertogether with his finding, to the Com- i' missioner of Indian Mairs, whose decision shall be blnding on the perties to this treaty. = Page 8 = TBBATY WITH TEX NAVAHO, 1888. 1017 ARTIOLE If any individual blon 'ng 6. to mid tribe, or legally a*"irmayb incorpomted with it, bein the head o a family, ehall declire F to com- ato=?2 mence farming, he ~lhall ave the privilege select, in the presence etc k to and with the whtance of the a nt then in charge, a tract of land - within said reservation, not excm%n one hundred and sixty acres in maor aor llr extent, which tract, when so selec ahall d , certified, and recorded in the mu. "land-book" as herein described cease to be held in common, but the same may be occu ied and held in the exclusive poseession of the persan selecting it, an! of his family, so long aa he or they may continue to cultivate it. h- Any person over eighteen earn of age, not being the head of a family, may in like manner se ect, and cause of land, not exceeding f to be certified to him or her for pves of cultivation, a uantity eighty acrea in extent, and thereupon%e entltled to the exclusive pos- ssssion of the same land as above directed. For each tract of so selected a certificate containing a deecrip- u~be*&~~~ tion thereof, and the name of the person selecting it, with a certificate etc. endorsed thereon that the same has been recorded, shall be delivered to the ~rty entided to it by the agent, after the aame shall have been TObedd. recorded by him in a book to be kept in his office, subject to inspec- tion, which said book shall be known aa the "Navajo land-book." The President may at any time order a survey of the reaervation, surrey- and when so surveyed, Congress shall provide for protectin the righta of mid settlms in their improvements, and may fix the c racter of h the title held b each. The United property between the Indians and their deacendanta , 4 tatas may paw such laws on the subject of alienation ,*iF-*L,.",4 " and descent of as ma be thought pro . ~RTICLE 6. In or er to insure the civilization of the Indiana enter- s , " ~ ~ ~ ; ~ ~ 8"' ing into this treaty, the neawity of education is admitted, especially -1. of such of them as may be settled on mid agricultural parts of thls reservation, and they therefore pledge themselves to compel their children male and female, between the ages of six and sixteen years to attend school; and it hereby made the duty of the went for is s*id BuWofe* Indiang to see that this stipulat~on is strictly complied with; and the United States reea that, for every thirty children between anid who can be in uced or compelled "Ik to attend school, a how and I~~uT provided, and a teacher com tent furnished who will reside among to teach the elementary bmnches of an English education sha 1 be P" - said Indians, and faithfully discharge hie or her duties as a teacher. The provision8 of this article continue for not leas than ten to earn. ARTICLE When the head of a family shall have selected ]an& and 7. *ImF-v received his certificate above directed, and the went shall be satis- as fied that he intends in good faith to commence culhvatin the soil for a living, he shall be entitled to receive seeds and agricu tuml imple- 7 ments for the first year, uot exceeding in value one hundred dollars and for each succsedin year he shall continue to farm, for a pried of two years, he shall k entitled to receive seeda and implem~nte to the'value of twenty-five dollars. otuttah ARTICLE In 11eu of all sums of money or other annuities provided 8. InT:v mv d to the Indians herein named under any treaty or treaties to hereto ore made, the United States be reea to deliver at the agency- $ day house on the reservation herein name on the first ? , of September of each year for ten years, the folIowing articlee, to wit: Such articles of clothing, goods, or raw materials in lieu thereof, as Cloai~. ek the agent may make his eatimate for, not exceeding in value five dol- lars per Indian-each Indian bein encouraged to manufacture their own clothing, blankets, dkc. ; to be f urniahed with no article which they &pwg,,p $ can manufacture themelves. And, in order that the Commissioner of cia they an ha Indian Affairs may be able to mtimate properly for the articles herein = Page 9 = CSMU nruned, it shall be the duty of the nt on w&ch the estimate from each ear to forward to him a full and exact oenaos of the In '%" urns, year to year can be based. And in addition to the articles herein named, the sum of ten dollare Y-. for each person entitled to,the beneficial effects of thia treaty ehall be annually appropriated for a period ot ten yearn, for each person who engages in farming or mechanical pursuits, to such articles be used by the from Com- missioner of Indian Affairs in the purchase of as time to time the condition and necessities of the Indians may indicate to be proper; and if within the ten yearn at any time it shall appear that the amount of money needed for clothing, under the article can be appropriated to better uses for the Indians named herein, the born- missloner of Indian Affairs may change the ap ropriation to other purposee, but in no event shall the amount of named, provided they t 1 is uppropriation be withdrawn or discontinued for the s all annually detall an officer of riod ,ssg&*A&$ remain at pawe. And the President ge etc. goode the Army to be ment and attest the delivery of all the herein named to the ~n&ans, and he shall inspect and re eIivery. rt on the quantity and quality of the pods and the manner of their ?? eti~ohtl- by the ARTIULE In consideration of the advantages and benefits con- 9. Indt.ns M to ~Mde tamltory. ferred b this treaty, and the many pledgee of friendship by the United dk~tes, the tribes who are partlea to this agreement hereby stipulate that they will relin uish all right to occupy any territory as outside their ~wervation, % erein defined, but retaln the right to hunt on any unoccupied lands contiguous to their reservation, so long as the large e ma ranpe thereon in such numbers agree: as to justify the chaae; noshey, tge md Indian., further the construction of rail- expressly ~.ilradr. 1st. That they will make no opposition to road~ now being built or hereafter to be built across the continent. 26. That they will not interfere with the peaceful oonstmction of any railroad not passing over their reservation as herein defined. 3d. That they will not attack any persons at home or travelling, nor -=' molest or disturb any wagon-trains, coach-, mules, or cattle belonging - to the people of the United States, ok to pereons friendly therewith. women and cMl- 4th. That they wilI never capture or carry off from the eettlementa dm. women or children. wplw. 5th. They will never kill or dp white men, nor attempt do them to harm. The will not in future oppose the construction of railroads, I Rod. 0r-I- 6th. wagon-roa s, mail stations, or other worke of utility or necessity which B D.mya may be ordered or permitted by the laws of the United Stab; but should such road4 or other worke be constructed on the lands of their reservation, the Government will pay the tribe whatever amount of damage may be assessed by three d~sinterested commiseioners to be appointed by the President for that purpow, one of said commission- ers to be a chief or head-man of the tribe. ~llitur pa~l .nd 7th. The will make no oppoeition to the milita pts or made roula 4, be now establis E or that may eetablisbed, not in vio ation of treatiecl 7 heretofore made or hereafter to be made with any of the lndian tribes m n to of -8- ARTICLE 10. NO future trenty for the cession of any portion or part tion not be valid unlem, ete. of the reservation herein described. which may be held in common, shall be of any validity or force against said Indian8 unless agreed to and executed by at leaet three-fourths of all the adult male Indians occup ing or interested in the same; and no ceesion by the tribe shall be un erntood or construed in such manner iI as to depnve, without his conaent, any individual member of the tribe of his ri htR to any tract of land selected b him as provided in article [5] of tfix treaty. IndLmto ARTICLE 11. T e Navajo~ also hereby agree that at any time after ,,,, ,gO,F% r, qnlred. the signin of these resents they will proceed in such manner as may be requiA of them y the agent, or by the officer charged with their Y, = Page 10 = TBEATY WITH THE NAVAHO, 1868. 1019 removal, to the reservation herein provided for, the United States paying for their subsidence en route, and roviding a reasonable amount of trans htion for the sick and feeb e. P ARTICL~ 12. t is further agreed P" by and between the parties dollars to this toA&~&rk~~'O" agreement that the sum of one hundred and fifty thousand appropriated or to be appropriated shall be disbursed as follows, sub- ject to any condition provided in the Idw, the tribe from the Bosque to wit: 1st. The actual cost of the removal of say fifty thousand dollars. Redondo reaervation to the reservation 2d. The urchase of fifteen thousand sheep and goate, at a cost not sheepand~t.. to exceed ii-ty thousand dollars. t E 3d. The purchase of five hundred beef cattle and a million pounds of corn, to be collected and held at the military st nearest the reser- vation, subject to the orders of the agent, for e relief of the needy t E" during the coming winter. 4th. The balance, if any, of the ap mpriation to be invested for the R"dnder. maintenance of the Indians pending eir removal, in such manner t \ as the agent who is with them may determine. 5th. The removal of this tribe commander of the Terntory of New to be made under the supreme control 2eflova1* how and direction of the milita Mexico, and when complete? the management of the tribe to revert to the proper agent. tribe herein named, by their repreaentativee ARTICLE 13. The 2 parties to this treaty, agree they will not to make the reservation herein described !&-. their permanent home and as a tribe make any perma- nent settlement elmwhere, reserving the ri ht to hunt on the lands adjoining the said rerrervation formerly cal ed theirs, subject f to the modifications named in this treatv and the orders of the commander of the de artment in which saia reaervation may be for the time being; an it is further eed and understood by the $rties to this a =zf: treaty, that if any Navajo ndian or Indians shall leave t e reservation T here~n described to settle elsewhere, he or they shalI forfeit all the rights, privileges, and annuities conferred by the terms of this treat o ; and it is further agreed b the parties to this treaty, that they will J all they can to induce In ians now away from reservations set apart 2' for the exclusive use and occupation of the Indianu, leadin a nomadic life, or enga d in war against the people of the Unite States, to 8 abandon suc a life and settle permanently in one of the tel-ritoriaI P reservations set apart for the exclusive use and occupation of the Indians. In testimony of all which the said parties have hereunto, on this the first day of June, one thoulurnd ei ht hundred and sixty-eight, at Fort Sumner, in the Territory of New % exico, set their hands and seals. W. T. Sherman, Lieutenant-General, Indian Peace Commissioner. S. F. Tappan, Indian Peace Commissioner. Barhoncito, chief, his mark.. x &rginto, hie mark. x Armijo, his mark. x Grande, hie mark. x Delgado. Inoetenito, his mark. x Manuelito, hie mark. x Muchachoa Mucho, hie mark. x Largo, his mark. x Chiqueto 8egund0, his mark. x Herrero, his mark. x Cabello Amarillo, hie mark. x Chiqoeto, hie mark. x Francim, his mark. x Muerto de Hombre, hie mark. x Torivio, his mark. x Hombro, his mark. x Deedendado, hie mark. x Narbono, hie mark. x Juan, his mark. x Narbono Segundo, his mark. x Guero, his mark. x (iailado Mucho, hie mark. x Gogadore, his mark. x Council : Cabason, his mark. x Riquo, hie mark. mark. x Barbon Segundo, hie mark. x Juan Martin, his x Cabares Coloradoe, his x mark. = Page 11 = 1020 TBEATY WITH TEE EABTEBN BAND 8HOBHONI AND BANNOCK, 1868. Attest: Geo. W. G. GeUy, colonel Thirty-eeventh Theo. H. Dsdd, United 8- Indmn Infantry, brevet major-general U. 6. agent for Nav 'os Chaa ~c~lore,Pbrevet major and corn- ELA&?Rbbrm, brevet brigdier-genexal mimary of aubeiatence, U. 8. Army. U. 8. Army, lieutenantcolonel Third brevet major md aasi&- Cavalry. J. Cooper McKee, brevet lieutennntcol- J. C. Butherland. interpreter. onel, wrgeon U. 8. Army. William Venx, chaphn U. 6. Army. 8em. Art& of a treaty made and con&& at Ebrt Bn'dger, Gtah T' 15 Stat.. 678. on of in of our ane tor ti@ third day Jdy, ths year Lord tlunrecr9KZ Ratlfled Peb. 26. IW. eiyXi hundral and duty-c. 61 6 and hetween the uder&gned m- Feb 2?- 1869. mtit~onm8 m t/u part tie bzllil~d ~tata, ad tb u ~ & J chh e and head-me~ of and repreading tb SiroeiKmes (eadba band) a Band tn'bea of l&m, thy hang duly autlwrized to act in J the premises: rme .nd friend- AR~CLE 1. From this day forward peace between the rtiw States to this nhip. treaty shall forever continue. The Government of the 'nited e deairea peace, and ita honor is hereby ledged to keep it. The Indians desire peace, and they hereby pledge eir honor t 1 to maintain it. menden among If bad men among the whites, or ammg other people subject to the the whI& punished. to be ar- m and authority of the United States, shall commit any wrong upon the per- son or property of the Indians, the United States will, uponjpof made to theagent and forwarded the Commissioner of Indian to mm. at Wwhin on City, proceed at once to cause the offender to be arrwted an punished according to the laws of the United States, and !? also re-imburse the injured rson for the lose sustained. Among the1n-a the tt~ If bad men among the In ians shall commit a wrong or de redation be ven up to r I,nlJrutm. etc. upon the person or property of my one, white.. black. or 1n&an, sub- 'ect to the authority of the United States, and at ree therewith the Indians herein named solemnly that they wi on prmf nude 7 I, to their agent and notioe by him, dziirer up the wrong-doer to the United States to be tried and punished according the laws; and in to case they wilfully refuse so to do, the person injured shall be re-imbnrsed for bis loss from the annuities or other moneys due or to become due to them under this or other treatiw made with the United States. And for.scertr1n- the Preaident, on advising with the Commissioner of Indian Affairs, fn8 d.nuges. shall prescribe ~uch rub and regulations for ascertainin~damrgea under the rovisions of this article as in his judgment may proper. But no suet damages shall be adjusted and wid until thorou+~hly exam- ined and passed upon b the Commissioner of Indian Affalm, and no one sustaining loss whi e violating o because of his violatin the pro- I visions of tbis treaty or the laws of he United Statee, shalf be reim- I bursed therefor. is agreedthat whenever the Bannacks desire a reeer- Ruemtlon. ARTICLE 2. It vation to be set a rt for their use, or whenever the President of the United States aha 1 deem it advisable for them to P" be put upon a reser- vation, he shall cauw a suitable one to be erected for them in their resent countr which shall embrace reasonable portions of the "Port geuf" and "&new Prairie" countries, and that, when this reservation is declared, the United States will secure to the Bannacks the same righta and privile es therein, and make the same and like expenditures therein for their %enefit, except the agency-house and residence of a nt, in proportion The United Stah further agrees that the follow- to their numbers, as herein provided for the Sho- 5 onee reservation. F = Page 12 =