[Congressional Record Volume 144, Number 70 (Wednesday, June 3, 1998)]
[House]
[Page H4038]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      COMMEMORATING THE 130TH ANNIVERSARY OF NAVAJO TREATY OF 1868

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 7, 1997, the gentleman from New Mexico (Mr. Redmond) is 
recognized for 10 minutes as the designee of the majority leader.
  Mr. REDMOND. Mr. Speaker, 1998 is a very significant year in the 
history of the Navajo Nation. It is the 130th anniversary of the 
signing of the treaty between the Navajo people and the United States 
Government.
  In honor of this 130th anniversary, this week I will be reading 
segments of the treaty until it has been read in full and people in 
America know what the treaty contains and what the agreement is between 
the government of the United States and the Navajo people. The treaty 
begins like this:

       Andrew Johnson, President of the United States of America, 
     ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:
       Whereas a Treaty was made in Fort Sumner, in the Territory 
     of New Mexico, on the first day of June, in the year of our 
     Lord one thousand eight hundred and sixty-eight, by and 
     between Lieutenant General W.T. Sherman and Samuel F. Tappan, 
     Commissioners, on behalf of the United States of America, and 
     Barboncito, Armijo, and other Chiefs and Headmen of the 
     Navajo tribes of Indians, on the part of said Indians, and 
     duly authorized thereto by them, which Treaty is in the words 
     and figures following, to wit:
       Articles of a Treaty and agreement made and entered into at 
     Fort Sumner, New Mexico, on the first day of June, 1868, by 
     and between the United States, represented by its 
     Commissioners, Lieutenant General W.T. Sherman and Colonel 
     Samuel F. Tappan, of the one part, and the Navajo Nation or 
     tribes of Indians, represented by their Chiefs and Headmen, 
     duly authorized and empowered to act for the whole people of 
     said Nation or tribe, (the names of said Chiefs and Headmen 
     being hereto subscribed,) of the other part, witness:
       Article I. From this day forward all war between the 
     parties to this agreement shall for ever cease. The 
     government of the United States desires peace, and its honor 
     is thereby pledged to keep it. The Indians desire peace, and 
     they now pledge their honor to keep it.
       If bad men among the whites, or among other people subject 
     to the authority of the United States, shall commit any wrong 
     upon the person 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 to 
     reimburse the injured persons for the loss sustained.
       If bad men among the Indians shall commit a wrong or 
     depredation upon the person or property of any one, white, 
     black, 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 according to its laws; and in case they 
     willfully refuse to do so, the person injured shall be 
     reimbursed for his loss for the annuities or other moneys due 
     or to become due them under this Treaty, or any others that 
     may be made with the United States. And the President may 
     prescribe such rules and regulations for ascertains damages 
     under this article as in his judgment may be proper; but no 
     such damage shall be adjusted and paid until examined 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 therefore.
       Article II. 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 east and west line 
     passing through the site of old Fort Defiance, in Canon 
     Bonito, east of 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 
     degrees and 30 minutes west of Greenwich, provided it 
     embraces the outlet of 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 occupation 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 consent of the United States, to admit among them; 
     and the United States agrees that no persons except those 
     herein authorized to do so, and except such officers, 
     soldiers, agents, and employees of the government, 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.
       Article III. The United States agrees to cause to be built 
     at some point within said reservation, where timber and water 
     may be convenient, the following buildings: a warehouse, to 
     cost not exceeding twenty-five hundred dollars; an agency 
     building for the residence of the agent, not to cost 
     exceeding three thousand dollars; a carpenter shop and 
     blacksmith shop, not to cost exceeding one thousand dollars 
     each; and a school-house and chapel, so soon as sufficient 
     number of children can be induced to attend school, which 
     shall not cost to exceed five thousand dollars.
       Article IV. The United States agrees that the agent for the 
     Navajos shall make his home at the agency building; that he 
     shall reside among them and shall keep an office 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 shall cause the evidence to 
     be taken in writing and forwarded, together with his finding, 
     to the Commissioner of Indian Affairs, whose decision shall 
     be binding on the parties to this treaty.

  Mr. Speaker, I thank the Chair for allowing me this time to read once 
again the Treaty between the Navajo Nation and the United States 
Government, the Treaty of 1868, Articles I, II, and III. We will 
continue to read on a sequential basis the rest of the articles of this 
Treaty, but the purpose of this is to celebrate the 130th anniversary 
of peace between the Navajo people and the people of the United States.

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