[Congressional Record Volume 144, Number 72 (Friday, June 5, 1998)]
[House]
[Pages H4235-H4237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE NAVAJO TRIBE OF
INDIANS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 7, 1997, the gentleman from New Mexico (Mr. Redmond) is
recognized for 60 minutes as the designee of the majority leader.
Mr. REDMOND. Mr. Speaker, 1998 is the 130th anniversary of the treaty
between the United States of America and the Navajo Nation. In tribute
to the Navajo people and the great Nation of the United States, I am
going to be presenting the treaty today in its entirety.
The treaty reads as follows:
Treaty between the United States of America and the Navajo
tribe of Indians, concluded June 1, 1868; ratification
advised July 25, 1868; proclaimed to the people of the United
States and the people of the Navajo Nation, August 12, 1865.
Andrew Jackson, President of the United States of America,
to all and singular to whom these presents shall come,
greeting:
Whereas a treaty was made in and concluded at Fort Sumner
in the territory of New Mexico on the first day of June in
the year of our Lord 1868 by and between Lieutenant General
W. T. Sherman and Samuel F. Tappan, commissioners, on the
part of the United States and Barboncito, Armijo and other
chiefs and headmen of the Navajo tribe of Indians, on the
part of said Indians, and duly authorized thereto by them,
which treaty is in the words and figures as following to wit:
Article I. From this day forward all war between the
parties of this agreement shall cease forever. The Government
of the United 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.
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 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, upon 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
[[Page H4236]]
in case they willfully refuse to do so, the person injured
shall be reimbursed for his loss from the annuities or other
monies 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
ascertaining 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 while violating, or
because of his violating, the provisions of this treaty or
the laws of the United States, shall be reimbursed therefor.
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 Canyon
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 of about 109
degrees 300 minutes west of Greenwich, provided it embraces
the outlet of Canon-de-chilly, which canyon is to be all
included in this reservation, shall be, and the same 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 so
authorized to do, and except such officers, soldiers, agents
and employees of the Government, or the Indians, as may be
authorized to enter upon Indian reservations in discharge of
duties imposed by law, or the order 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, not
to cost exceeding $2500, agency buildings for the residents
of the agent, not to cost exceeding $3000, and a carpenter
shop and blacksmith shop, not to cost exceeding $1000 each,
and a schoolhouse and a chapel, so soon as a sufficient
number of children can be induced to attend school, which
shall not cost to exceed $5,000.
Article IV. The United States agrees that the agent for the
Navajo shall make his home in the agency building 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 Commissioner of Indian Affairs, whose
decision shall be binding upon the parties of this treaty.
Article V. If an individual belonging to or legally
incorporated with it, being the head of a family, shall
desire to commence farming, he shall be given the privilege
to select, in the presence and with the assistance of the
agent then in charge, a tract of land within said
reservation, not exceeding 160 acres in extent, which tract,
when so selected, certified and recorded in the 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 they
may continue to cultivate it.
Any person over 18 years of age not being the head of a
family may in like manner select, and cause to be certified
to him or her for purposes of cultivation, a quantity of land
not exceeding 80 acres in extent, and thereupon be entitled
to the exclusive possession of the same as above described.
For each tract of land so selected, a certificate
containing the description thereof and the name of the person
selecting it, with a certificate 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
recorded by him in a book to be kept in his office, subject
to inspection, which said book shall be known as the Navajo
land-book.
The President may at any time order a survey of the
reservation and, when so surveyed, Congress shall provide for
protecting the rights of said settlers in their improvements,
and may fix the character of title held by each.
The United States may pass such laws on the subject of
alienation and descent of property between the Indians and
their descendants as may be thought proper.
Article VI. In order to ensure the civilization of the
Indians entering into this treaty, the necessity of education
is admitted, especially if 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 6 and 16 years, to attend
school; and it is hereby made the duty of the agent for said
Indians to see that this stipulation is strictly complied
with; and the United States agrees that for every 30 children
between said ages who can be induced or compelled to attend
school, a house shall be provided and a teacher competent to
teach the elementary branches of an English education shall
be furnished who will reside among the said Indians and
faithfully discharge his or her duties as a teacher, the
provisions of this article to continue for not less than 10
years.
Article VII. When the head of a family shall have selected
lands and received his certificate as above directed, the
agent shall be satisfied that he intends in good faith to
commence cultivating the soil for a living, he shall be
entitled to receive seeds and agricultural implements for the
first year, not exceeding in value $100, and for each
succeeding year he shall continue to farm for a period of 2
years, he shall be entitled to receive seeds and implements
to the value of $25.
Article VIII. In lieu of all sums of money or annuities or
other annuities provided to be paid to the Indians herein
named under any treaty or treaties heretofore made, the
United States agrees to deliver at the agency house on the
reservation herein named, on the first day of September of
each year for ten years the following articles to wit:
Such articles of clothing, goods, or raw materials in lieu
thereof, as the agent may make his estimate for, not
exceeding in value $5 per Indian, each Indian being
encouraged to manufacture their own clothing, blankets, et
cetera; to be furnished with no article which they can
manufacture themselves. And, in order that the Commissioner
of Indian Affairs may be able to estimate properly for the
articles herein named, it shall be the duty of the agent each
year to forward to him a full and exact census of the
Indians, on which the estimate from year to year can be
based. And in addition to the articles herein named, the sum
of $10 for each person entitled to the beneficial effects of
this treaty shall be annually appropriated for a period of 10
years, for each person who engages in farming or mechanical
pursuits, to be used by the Commissioner of Indian Affairs in
the purchase of such articles as from time to time the
conditions and necessities of the Indians may indicate to be
proper; and if within the 10 years 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 Commissioner of Indian Affairs may
change the appropriation to other purposes, but in no event
shall the amount of this appropriation be withdrawn or
discontinued for the period named, provided they remain at
peace. And the President shall annually detail an officer of
the Army to be present and attest the delivery of all the
goods herein named to the Indians, and he shall inspect and
report on the quantity and quality of the goods and the
manner of their delivery.
Article IX. In consideration of the advantages and benefits
conferred by this treaty, and the many pledges of friendship
by the United States, the tribes who are parties to this
agreement hereby stipulate that they will relinquish all
rights to occupy any territory outside their reservation, as
herein defined, but retain the rights to hunt on any
unoccupied lands contiguous to their reservation, so long as
the said Indians, further expressly agree:
1st. That they will make no opposition to the construction
of any railroad now being built or hereafter to be built
across the continent.
2nd. That they will not interfere with the peaceful
construction of any railroad not passing over their
reservation as herein defined.
3rd. That they will not attack any persons at home or
traveling, nor molest or disturb any wagon-trains, coaches,
mules, or cattle belonging to the people of the United
States, or to persons friendly therewith.
4th. That they will never capture or carry off from the
settlements women or children.
5th. They will never kill or scalp white men, nor attempt
to do them harm.
6th. They will not in future oppose the construction of
railroads, wagonroads, mail stations, or other works of
utility or necessity which may be ordered or permitted by the
laws of the United States; but should such roads or other
works be constructed on the lands of their reservation, the
Government will pay the tribe whatever amount of damage may
be assessed by three disinterested commissioners to be
appointed by the President for that purpose, one of said
commissioners to be a chief or head-man of the tribe.
7th. They will make no opposition to the military posts or
roads now established, or that may be established, not in
violation of treaties heretofore made or hereafter to be made
with any of the Indian tribes.
Article X. No future treaty for the cession of any portion
or part of the reservation herein described, which may be
held in common, shall be of any validity or force against
said Indians unless agreed to and executed by at least three-
fourths of all adult male Indians occupying or interested in
the same; and no cession by the tribe shall be understood or
construed in such a manner as to deprive, without his
consent, any individual member of the tribe of his rights to
any tract of land selected by him as provided in article (5)
of this treaty.
Article XI. The Navajos also hereby agree that at any time
after the signing of these presents they will proceed in such
manner as may be required of them by the agent, or by the
officer charged with their removal, to the reservation herein
provided for, the United States paying for their subsistence
en route, and providing a reasonable amount of transportation
for the sick and feeble.
Article XII. It is further agreed by and between the
parties to this agreement that the sum of $150,000
appropriated or to be appropriated shall be disbursed as
follows, subject to any condition provided in the law to wit:
[[Page H4237]]
1st. The actual cost of the removal of the tribe from the
Bosque Redondo reservation to the reservation say $50,000.
2nd. The purchase of 15,000 sheep and goats at a cost not
to exceed $30,000.
3rd. The purchase of 500 beef cattle and 1 million pounds
of corn, to be collected and held at the military post
nearest the reservation, subject to the order of the agent,
for the relief of the needy during the coming winter.
4th. The balance, if any, of the appropriation to be
invested for the maintenance of the Indian spending their
removal, in such manner as the agent who is with them may
determine.
5th. The removal of this tribe to be made under the supreme
control and the direction of the military commander of the
Territory of New Mexico, and when completed, the management
of the Tribe to revert to the proper agent.
Article XIII. The tribe herein named, by their
representatives, parties to this treaty, agree to make the
reservation herein described their permanent home, and they
will not as a tribe make any permanent settlement elsewhere,
reserving the rights to hunt on the lands adjoining the said
reservation formerly called theirs, subject to the
modifications named in this treaty and the orders of the
commander of the department in which said reservation may be
for the time being; and it is further agreed and understood
by the parties to this treaty, that if any Navajo Indian or
Indians shall leave the reservation herein described to
settle elsewhere, he or they forfeit all the rights,
privileges, and annuities conferred by the terms of this
treaty; and it is further agreed by the parties to this
treaty, that they will do all they can to induce Indians now
away from reservations set apart for the exclusive use and
occupation of the Indians, leading a nomadic life, or engaged
in war against the people of the United States, to abandon
such a life and settle permanently in one of the territorial
reservations set apart for the exclusive use and the
occupation of the Indians.
In testimony of all which said parties have hereunto, on
this the 1st day of June, 1868, at Fort Sumner, in the
Territory of New Mexico, set their hands and seals.
Delgado, Inoetenito, Juan, Francisco, Guero, Herrero,
Torivio, Narbano, Gugadore, Juan Martin, Desdendado, Cabason,
Grande and Cabares Colorados.
{time} 1615
Mr. Speaker, I thank you for allowing me the time to read this
historic treaty on its anniversary 130 years later. It is my concern
that the government of the United States keep the intent of this treaty
as it was originally signed by the Navajos to provide for those
elements of education and for the preservation of their territorial
lands.
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