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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 mi THB S~ATB OO- on L2eDruO~AxnLb WASHINGTON: OOVEBNMENT PBINTINO OFFIOB. 1904. = Page 5 = = Page 6 = TBRATY WITH THE NAVAHO, 1&0. 588 TBEATY WITH TEE BAVAHO, 1840. chief on the rt of the Navajo tribe of Indians: I. he said%&- do hereby acknowledp that, by virtue of a treaiy &yv%y. entered into by the United Skates of Amencapnd the United Mexican 6t.a Statea, si ned on the ~econd day of February, in the year of our Lord eighteen fundred and forty-eight, at the clty of Guadalupe Hidalgo, by N. Y. Trist, of the first pa and Luis G. Cueves, Bernardo Couto and Mgl Atristain, of the secon part, the said tribe was lawfully 3 under the exclusive jurisdiction and protection of the Government of the ssid United States, and that the are now; and will forever remain, under the aforesaid 'urisdiction an protection. d 11. P-= t~ That from an after the signing of this treaty. hostilities between d the contracting pai.ties shall cease, and perpetual peace and friendshi -- shall exist; the said tribe hereby solemnly covenanting that they w8 not associate with, or give countenance or aid to, any tribe or band of Indian~, or other rsonn 01. wers, who may be at any time at enmity with the geople oythe said Tnited Stutes; that the will remain at peace, an treat honestly and humanely all persons an powers at peace B with the mid States; and all cases of aggression a inst mid Navajoes by citizens or others of the United States, ers in amity with the aid States shall be of said States for adjustment and settlement. 111. The Government of the said States having the sole and exclu- trade In UI~ '- sive right of regulating the trade and intercourse with the said Nava- s*%2diw joea, it is agreed that the laws now in force regulating the trade aud intercourse, and for the preservation of with the various tribes of Indians under the rotection and gua ianehip of the afordd Gov- r ernment, shall have t e esme force and effibiency, and shall be es bind- E ing and aa obligatory upon the said Navajoes, and executed in the =me manner, ae if said laws,had been sed for their sole benefit and pro- tection; and to this end, and for a 1 other useful purposes, the overn- $" ment of New Mexico aa now or nized or it may be by tfe Gov- aa ernment of the united States, orTY the iegally const~tuted authoritie~ of the people of New Mexico, is recognized and acknowl ed by the said Navajoes; and for the due enforcement of the aforesa%ws, until the Government of the United States shall otherwise order, the terri- tor of the Navajoea is hereby annexed to New Mexico. I%. The Navajo Indians hereby bind themselves to deliver to the ,,;~~$,""&g authority of the United Statea in New Mexico, at Sante F6, 8t.t- murderer or Of '. New exico, aa soon es he or they can be a prehended, the murderer Q." or murderers of Micente Garcia, that mid ugitive or fugitives from I' - justice may be dealt with as justice may decree. V. All American and Mexican captives and all stolen property p,$'puV~,d~~~ Wren from Americans or Mexicans, or other rsons or powers in a& to nlted strum, amity with the United Statea, shall be delivered the Navajo Indians by UoNmZ*m. to the aforemid military authority at Jemez, New exico, on or before %I the 9th day of October next ensuin that justice may be meted out to all whom 11 may concern; and also 3 Indian ca tives and ~tolen prop erty of such tribe or tribes of Indians and for the same urpom, be aa sha 1 enter into a similar P reclproc.1 treaty, shall, in like mner, turned over to an authorized officer or agent of the said tates by the I aforedd Navajoes. = Page 7 = 584 TBEATY WITH THE NAVAHO, 1848. citizens of the - VI. Should an citizen of the United States, or other person or er- United State com- mittin~outnyJu~w; ebns sub'ect to e laws of the United States, murder, rob, or o t 5 tge Navaho to -tothepm~tiea wise ma treat any Navajo Indian or Indians, he or the shall be \ 01 law. arrested and tried, and, upon conviction, shall be subjecte to all the c? penalties provided b law for the protection of the persons and prop- ert of the people o the said States. [ ,gz thE;aEg &I. The people of the United Statas ,of America shall have free tov. and safe passage through the territory of the aforesaid Indians, under such rules and regulations as may be adopted by authority of the said States. convenience, designate, settle, and adjust their territorial boundaries s and execute in their territory such laws as mag be deemed con ucive to the prosperity and happinesa of said Indians. andP Domuom pmts, X. For and in consideration of the faithful performance of all the and implemhnb to be given. stipulations herein contained by the said Nava o Indians, the Govern- ment of the United States will grant to said ndians such donations, ? presents, and im lements, and adopt such other liberal and humane measures, aa sai Government may deem meet and proper. B Tobebinding after XI. This treaty shall be binding upon the contracting parties from ed. md to receive ~~nlrnmtnetion. and after the signing of the same, subject only to such modifications and amendments as may be adopted by the Government of the United States; and, finally, thls treaty is to receive a liberal construction, at all timee and in all places, to the end that the said Nava'o Indians shall not be held responsible for the conduct of others, an that the Gov- d ernxnent of the United States shall so Iegislate and act aa to secure the permanent prosperity and happinew of said Indians. In faith whereof, we, the undersigned, have si ned this treaty, and affixed thereunto our seale, in the valley of Cheil e this the ninth day f of September, in the year of our Lord one thousand eight hundred and forty-nine. J. M. Washin ton, [L: 8.1 fievet LieutenantColonel Conlmanhng. Jamea S. Calhgun, Indian A nt, residing at Santa Fe. [L. 8.1 Mariano Martinez, Head C ief, mark, his x mark, r Chapitone, Second Chief, his x J. L. Colhns. James Conklii. Lorenzo Force. Antonio Sandoval his mark. Jemez, his mark. x Francisco Josto, hovernor of x Witnesses- H. L. Kendrick, Rrevet Major U. S. Army. J. N. Ward, Brevet First L~eutenant Third Infantry. John Peck, Brevet Major U. S. Arm . J. F. Hammond. Assistant Surpeon . S. Amiv. 6 H. L. Dodge dptain commanding Eut. R.egul;rs. Richard H. *ern. J. H. Nonea, Second Lieutenant Second Artillery. Cyrus Choice. = Page 8 = TBEATY WI'l'H THE UTAH, 1840. John H. Dickerson, bnd Lieutenant First Artillery. W. E. Love. John G. Jonea. J. H. Simpson, First Lieutenant Corps Topographic Engineers. TEEATY WITH TEE UTAH, 1640. D=~~IUWQ. THE following articles have been duly considered and solemnly adopted by the undersi ned, that is comll~issioner on the part of the to wy, Jam- S. Cslhoun, Indian o 8- oiw. '1 ent, realding at Santa b 6, acting as Kited Statea of America, and Quiriaohigiate, Nanito, Ninmu-hi, m&med. 4 Abaganixe, Ramahi, Sublets, Rupalhhl Sa ussoxego, Paguieachi, &ha-or, Amuche, Puignkhi, ~anachi Bichuga, Uvicaxina Cuchuticay, Nachitope, Puepate Guano Jum, P-hi, 6. uanc: A lute nochi, Pulbuquiacte, Qixsohe tuate, Saxiabe, Rchiute, Noc 7 ichigue, Uvive, principal and subordinate chiefg, representing the Utah tribe of Indians. I. The Utah tribe of Indians do herab acknowledge and declare ,~o~le~~e~~g they are lawfully and exclusively under t e juriadiction of the Gov- WIV~ under j-1~- z ernment of said States: and to ite power and authority they now uncon- atatea tlon 01 the Unlted ditionally submit. 11. From and after the signi~lp: of this treaty, hostilities between tler%p*tod&: the contracting parties shall cease, and perpetual peace and amity st. rrhall exist, the said tribe hereby binding themselves most solemnly never to crssociate with, or give countenance or aid to, any tribe or band of Indians, or other persons or powers, who ma be, at any time, at enmity with the people or Government of sail Statss; and that they will, in all future time, treat honestly and humanely every citizen of the United Stah, and all persons and powers at pesoe with the said States, and all caaes of a~greesion against the said Utahs shall be referred to the aforemid Government for adjustment and eettlement. LII. All American and Mexican captives, and others, taken from ,%a+tc rsons or powers at peace with the said Stah shall be restored and stater W(KB MU. I. Elirered by said Utshs to an authorized officer or apnt of said States, at Abiquin on or before the fist day of March, in the year of our Lord one thousand eight hundred and fifty. And, in like manner, all ~tolen property, of every description, shall be restored b or before the aforeesid first day of March, 1850. In the event suc stolen pro o be^",'^^^-^ E erty shall have been consumed or dwtroyed, the said Utah Indians won de. f- agree and are hereby bound to make such restitution and under such circumstances aa the Government of the United States may order and prescribe. But this article is not to be so construed or understood, aa to create a claim inst said States, for any losses or depredations committed by said tahs. 77 IV. The contracting parties agree that the laws now in force, and $zpw&,'s such others aa may be paaaed, regulating the trade and intercourse, ;F~: Kz: and for the preservation of guardianshi of the Government of the peace with the various tribes of Indians ubhs md ~rrlt~ under the protection and bindi gkg&$gz United States, shall be aa and o ligatory upon the said Utahs \ ice. aa if said laws had been enacted or their sole benefit and protection. Y And that mid laws may be duly executed, and for all other useful nr- poses, the territory occu ied by the Utahs is hereby annexed to ew Pr Mexico a~ now organize or as it may S be organized or until the Gov- ernment of the United States shell otherwise order. ple of the United States, and all othera in amity with &;:'&g tory. the" United v. The tates, shall have free passage through the territory of said r' Utahs, under such rules and regulations may be adopted as by authority of said States. = Page 9 =