[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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