INDIAN- AFFAIRS.

LAWS AN-D TREATIES.

V,:-1. II. (TREATIES.)

COMPILED AND EDITED .,BY CHARLES J. KAPPLER, LL. M., CLERK TO THE SENATE COMMITTEE ON INDIAN AFFAIRS.

WASHINGTON: GOVERNMENT PRINTING OFFICE. 1904. TREATY WITH THE NAVAHO, 1868. 1015 force or validity as 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 as to deprive, without his consent, any indi­ vidual member of the tribe of his right to any tract of land selected by him, as herein before provided. ARTICLE 9. It is agreed that the sum of five hundred dollars annu- Annual presents for . most valuable crops. a 11 y f or t h ree years, from t h e date w h en t hey commenced to cultivate a farm, shall be expended in presents to the ten persons of said tribe who, in the judgment of the agent, may grow the most valuable crops for the respective year. W. T. Sherman, Lieutenant-General. Wm. S. Harney, Brevet Major-General, U. S. Army. Alfred H. Terry, · Brevet Major-General. C. C. Augur, Brevet Major-General. John B. Sanborn, S. F. Tappan, Commissioners. Attest: Ashton S. H. White, Secretary. Wah-tah-nah, Black Bear, his x We-ah-se-vose, The Big Wolf, his ;nark. [SEAL.] X mark. [SEAL.] Bah-ta-che, Medicine Man, his x Ches-ne-on-e-ah, The Beau, his x mark. [SEAL.] mark. [SEAL.] Oh-cum-ga-che, Little Wolf, his x Mat-ah-ne-we-tah, The Man that mark. [SEAL.] falls from his horse, his x mark. [SEAL.] Ichs-tah-en, Short Hair, his x Oh-e-na-ku, White Crow, his x mark. [SEAL.] mark. [SEAL.] Non-ne-se-be, Sorrel Horse, his x A-che-kan-koo-eRi, Little Shield, mark. [SEAL.] his X mark. ' [SEAL.] Ka-te-u-nan, The Under Man, his Tah-me-la-pash-me, orDull Knife, X mark. [SEAL.] his X mark. [SEAL. J Ah-che-e-wah, The Man in the Sky, his x mark. [SEAL.] Attest: George B. Willis, Phonographer. David Knox. ,John D. Howland. Chas. Freeman. Alex. Gardner. J as. C. O'Connor.

TREATY WITH THE NAVAHO, 1868.

Articles of a treaty and agreement rnade and entered into at Fort Sum- June 1, 1868· ner, New Me;rJico, on the .first day of June, &ne thousand eight hun- . r ~~:~· P/r dred rmd simty-eiqM, by_ and between the United States, represented 1868. 1 e_ u) 25' by its commiHsioners, lieutenant- General n~ T. Sherman and Ool- 186-7.°clarmed Aug. 11• onel Samuel F. Tappan, of the onA part, and the Navajo Nation or t1·£be of Indians, represented by their chi~fs and head-m_en, d11ly authorized and empowered to act for the whole people of 8aid natwn or tribe, (the nrtmes of said chiefs and hea,d-men being hereto 8uo­ scribed,) of the other part, w£tness:

ARTICLE 1. From this dav forward all war between the parties to /eace and friend- this agreement shall forever cease. The Government of the United s ip. States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to keep it. 1016 TREATY WITH THli: NAVAHO, 1868. w~~~~~1~~~~.fst~.i H bad men among the whites, or among other people subject to the and punished. authority of the United States, shall commit any wrong upon the per­ son or pi·operty of the Indians, the U nitelaws of the United States, and also to reimburse the injured persons for the loss sustained. Amor;g the 1ndians, to be given up to the • If the bad men among the Indians. , shall commit• a wron{or depreda­• United States. t10n upon the person or property of any one, white, blac y' or Indian, subject to the authority of the United States and at peace therewith, the Navajo tribe agree that they will, on proof made to their agent, and on notice by him, deliver up the wrongdoer to the United States, to be tried and punished accordin&" to its laws; 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 to become due 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 in:i1:~~~~:5certain- for ascerbtaining damhagdes underhthis barticdl~ as idn hisdjudg-dment_ may be proper; ut no sue amage s a1 1 e a Juste an pa1 untJ 1exam­ ined and passed upon by the Commissioner of Indian Affairs, and no one sustaining loss whilst violating, or because of his violating, the provisions of this treaty or the laws of the United States, shall be reimbursed therefor. arfe~~ervation bound- ARTICLE 2. The United States agrees that the following district of country, to wit: bounded on the north by the 37th degree of north latitude, south by an e~st and west line passing through the site of old Fort Defiance, in Canon Bonito, east by the parallel of longitude which, if prolonged south, would pass through old Fort Lyon, or the Ojo-de-oso, Bear Spring, and west by a parallel of longitude about 109° 30' west of Greenwich, provided it embraces the outlet of the Canon-de-Chilly, which canon is to be ,all included in this reservation, shall be, and the same is hereby, set apart for the use and oceupation of the Navajo tribe of Indians, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the th1~~n~ot to reside consent of the United States, to admit among them; and the United States agrees that no persons except those herein so authorized to do, and except such officers, soldiers, agents, and employes of the Govern­ ment, or of the Indians, as may be authorized to enter upon Indian reservations in discharge of duties imposed by law, or the orders of the President, shall ever be permitted to pass over, settle upon, or reside in, the territory described in this article. Buildings to be ARTICLE 3. The United States agrees to cause to be built, at some erected by the United • • states. pomt with' m sa1'd reservat10n,· w h ere tim · ber an d water may be con­ venient, the following buildings: a warehouse, to cost not exceeding twenty-five hun.dred dollars; an agency building for the residence of the agent, not to cost exceeding three thousand dolJars; a carpenter­ shop and blacksmith-shop, not to cost exceeding one thousand dollars ·each; and a schoolhouse and chapel, so soon as a sufficient number of children can be induced to attend school, which shall not cost to exceed five thousand dollars. Agent to make_his home and reside ARTICLE 4 •• The United States agrees• '. that the agent for the• Nava1·os where. fihall make his home at the agency bmldmg; that he shall reside among them, and shall keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint by or against the Indians as may be presented for investigation, as also for the faithful discharge of other duties enjoined by law. In all cases of depredation on person or property he shall cause the evidence to be taken in writing and forwarded, together with his finding, to the Com­ missioner of Indian Affairs, whose decision shall be binding on the parties to this treaty. TREATY WITH THE NAVAHO, 1868 • 1017

. ARTICLE d5. I_fha!1ybi~dividhualhbedlongingf to_ said tr1ibe, _or legally 5J;tiif/i~~~ice; rncorporate wit it, emg t e ea of a am1ly, shal desire to com- farmmg may select mence farming, he shall have the privilege to select, in the presence Iand8• etc. and with the assistance of the agent then in charg-e, a tract of land within said reservation, not exceeding one hundred and sixty acres in extent, which tract, when so selected, certified, and recorded in the ti!~ect of such sell>,·­ " land-book" as herein described, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it. Any person over eighteen years of age, not being the head of a ot~!~?ll!s.not heads family, may in like manner select, and cause to be certified to him or her for putposes of cultivation, a quantity of land, not exceeding eighty acres in extent, and thereupon be entitled to the exclusive pos­ session of the same as above directed. For each tract of land so selected a certificate containing a descrip- tion.Certificates to be delivered, of selec­ 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 party entitled to it by the agent, after the same shall have been To be recorded. recorded by him in a book to be kept in his office, subject to inspec­ tion, which said book shall be known as the" Navajo land-book." Thfl President may at any time order a survey of the reservation, survey. and when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and mav fix the character of the title held by each. · Alienation and de­ The United States may pass such laws •on the sub3'ect• of alienation scent of propert,-. and descent of property between the Indians and then· descendants as · may be thought proper. Children between6 ARTICLE 6. In order to insure the civilization of the Indians enter- and 16 to attend ing into this treaty, the necessity of education is admitted, especially schOoI. . of such of them as may be settled on said agricultural parts of this 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 is hereby made toe duty of the agent for said Duty of agent, Indians to see that this stipulation is strictly complied with; and the United States agrees that, for every thirty children between said ages who can be induced or compelled to attend school a house shall be schooihou,.-, 'rnd provided,. and a teacher competent to teach the elementary' branches teachers. of an English education shall be furnished, who will reside among said Indians, and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than ten years. Seeds and agricul­ ARTICLE 7• When the head of a family shall have selected lands and• tural Implements. received his certificate as above directed, and the agent shall be satis­ fied that he intends in good faith to commence cultivating the soil for a living, he shall be entitled to receive seeds and agricultural imple­ ments for the first year, not exceeding in value one hundred dollars, and for each succeeding year he shall continue to farm, for a period of two years, he shall be entitled to receive seeds and implements to the· value of twenty-five dollars. ARTICLJ

TREATY WITH THE EASTERN BAND SHOSHONI AND BANNOCK, 1868.

__J_u_1Y_ 3,_ 1_86 _8 •__ Articles of a treaty mark and concTJUded at Fort Bridger, Utah Terri- 15 Stat.. 673. . tor~, on the third day ofJuly, in the year of our Lord one thousand Ratified Feb. 2G, • z d: d d • • z 7.. d 7.. Z "'7 ••• • d 1H69. . eig t ,iun re an siwty-eignt, u11_an uetween tne unrwrsigne corn- Feb. 24 • z · 1869.Proclaimed - missione1·s on the part o.f!'.J t ne United States, and the und'""signedor chiefs and head-men ofand representing tlie Shoslwnee (eastern band) ctnd Bannack tri~bes ofIndian8, they being duly authorized to act in the pr-emise8:

J'eace ,mn. friend- ARTICLE 1. From this day forward peace between the parties to _this ,hip. treaty shall forever continue. The Government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they hereby pledge their honor to maintain it. . th~ff~ti1ier,:' tt'te0 ~f. Ihf b~d mefn amUong theSwhites, hor among;other people subject to the Mted ,md punished. aut Ol'lty o the mted tates, s all commit any wrong upon the per­ son or property of the Indians, the United States will, upon proof made to the agent and forwarded to the Commissioner of Indian Affairs, at Washington City, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also re-imburse the injured person for the loss sustained. Amo~ig the 1ndians to be given up to the I£ bad men among the Indians' shall commit• a wrong or depredation• 1·nited state,, etc. upon the person or property of any one, white, black, or Indian, subs ject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, on proof made to their agent and notice by him, deliver up the wrong-doer to the United States, to be tried and punished according to the laws; and in case they wilfully refuse so to do, the person injured shall be re-imbursed for his loss from the annuities or other moneys due or to become due to them under this or other treaties made with the United States. And in~a~iii!1~tscertain- the President, on advising with the Commissioner of Indian Affairs, ;.;hall prescribe such rules and regulations for ascertaining· damages under the provisions of this article as in his judgment may be proper. But no such damages shall be adjusted and paid until thoroughly exam­ ined and passed upon by the Commissioner of Indian Affairs, and no one sustaming loss while violating or because of his violating the pro­ visions of this treaty or the laws of the United States, shall be reim­ bursed therefor. Reservation. ARTICLE 2. It is agreed _that whenever the Bannacks desire a reser­ vation to be set apart for their use, or whenever the President of the United States shall deem it advisable for them to be put upon a reser­ vation, he shall cause a suitable one to be selected for them in their present eountry, whieh shall embrace reasonable portions of the "Port ~euf" and '"Kansas Prairie" countries, and that, when this reservation is declared, the United States will secure to the Bannacks the same rights and privileges therein, and make the same and like expenditures therein for their benefit, except the agency-house and residence of agent, in proportion to their numbers, as herein provided for the Sho­ shonee reservation. The United States further agrees that the follow­