[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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