The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-27

day of September one thousand eight hundred ano
fifty, accept, ratify, and confirm the said treaty.
In testimony whereof, j have caused the seal o
the United States to be hereunto affixed, having
signed the same with my hand.
Done at the city of Washington this twenty
fourth day Of September, in the year of our
T.. 81 Lord one thousand eight hundred and fifty
and of the independence of the United
States of America the seventy fifth
WILLARD FILLMORE.
BY the President:
| DANIEL WRBsrER, Secretary Of State.
Millard Fillmore, President Of the United
States OF AmericaI
To all and singular to whom these presenls shall
come, greeting:
Whereas, treaty was made and concluded in
the valley of Cheille, the ninth day of septem-
ber, one thousand eight hundred and fc.R nine
| between the United States Of Amecicrs by I'm VI
| Washington Governor of New Mexico, and lieu
tenant colonel commanding the troops Of the Uni
ted States in New Mexico and James S. Calhoun
Indian agent, representing the United States, and
Mariana Martinez, head chief, and Chapitone, sec
ond chief, on the part Of the Navajo tribe OF In
| dians:
And whereas, said treaty having been submitted
to the Senate for its constitutional action thereon,
the Senate did, on the ninth day of September, one
thousand eight hundred and fifty, advise and con-
sent to the ratification OF the same; which treaty s
in the words following, to wit:
Treaty betloeen the United States Of Amtrica and the
| Nauojo tribe Of Indians.
| The following acknowledgement declarations,
| and stipulations, have been duly considered and
are now solemnly adopted and proclaimed by the
undersigned, that is to say, John M. Washington,
! Governor of New Mexico, and lieutenant colonel
commanding the troops Of the United States in
! New Mexico, and James S. Calhoun, Indian agent,
residing at Santa Fe, in New Mexico represen tin
the United States of America, and Mariana Mart.
nez, head chief, and Chapone, second Chief on the
part Of the Navajo tribe of Indiana.
| 1.-The said Indians do hereby acknowledge, that
49,, NE ,,.kn toI
States of America, and the United Mexican States,
| signed the second day of February, in the year
/ of our Lord eighteen hundred and forty ight at
the city Of Guadalupe Hidalgo, by N. P. Trist,
of the first part, and Luis G.. Cuevas, Bernardo
! Couto and Miguel Atrstain, of the second part,
the said tribe WAS lawfully placed under the exclu-
sive jurisdiction and protection OF the Government
Of the said United States, and that they are now,
and will forever remain under the Aforesaid ]urls-
dction and protection.
U-That from and after the signing of this trea-
ty, hosties between the contracting parties shall
cease, and perpetual peace and friendship shall
exist; the said tribe hereby solemny covenanting
that they will not associate with, or give counte-
nance or aid TO, any tribe or band OF Indians, or
other persons powers, who may be, at any time,
at ennty with the people of the said United States;
that they will remain at peace, and treat honestly
and humanely all persons and powers at peace
with the the said States; and all cases of aggres.
sion against said Navaiocs by citizens others OF
the United States, or by other persons powers in
anity with the said States shall be referred TO the
Government of said States for adjustment and
settlement.
/ m.-The government of the said States having g
the sole and exclusve right of regulating the trade
and intercourse with the said Navajoes, II is agreed
that the laws now in force regulating the trade and
intercourse, and for the preservation OF peace with
the various tribes Of Indians under the protection
and guardianship of the Aforesaid government
shall have the same force and efficiency, and shall
be as binding and as obligatory upon the said Ma,
vsjoes and executed in the same manner as If said
laws had been passed for their sole benefit and pro
lection; and 10 this end, and fer all other useful
purposes, the Government of New Mexico, as now
organized, il may be by the Government oi
the United States by the legally constituted au-
thorites Of the people of New Mexico, is recognised
and acknowledged by the said Navajoes; and Tor
the due enforcement Of the Aforesaid laws until the
Government Of the United States shall otherwise
order the territory Of the Nayajoes IL hereby an
ncIed 10 New Mexico.
VI IY.-The Navajo India ns hereby bind themselves
20 deliver 10 the military authority Of the United
States in New Mexico at Santa Fe, New Mexico,
as as he or they can be apprehended, the mur-
derer murderers Of Nicente Garcia that said fu-
gitive or fugitives from justice may be dealt with
V.-An American and Mexican captives, and all
stolen property taken from Americans or Me1lcans,
or other persons or powers in aIniy with the Unit
ed States shall be delivered by the Navajo Indians
20 the aforesaid military authority at Jcmez, New
Mexico on or before the ninth day Of October next
ensuing that justice may be meted out 20 all whom
II may concern; and also, all Indian captives and
property OF ruCn tflOf or iIlDtH VI
shall enter into similar reciprocal treaty, shall in
like manner, and for the same purposes, be turned
over 20 an authorized officer agent Of the said
States by the aforesaid Nayaioes
u Vl-Should any citizen OF the United States, or
other person persons subject 20 the laws OF the
United States, murder, rob, or otherwise maltreai
any Navajo Indian or Indians, he or they shall be
arrested and tried, and upon conviction, shall be
subjected to all the penalties provided by law for
the protection Of the persons and property OF the
people Of the said States.
YII.-Thc people Of the United States Of America
shall have free and safe passage through the tern
tory Of the aforesaid Indians, under such rules and
regulations as may be adopted by authority oil the
said States.
yIII.-In order 10 preserve tranquility, and 20
afford protection TO all the people and interests o
the contracting parties, the Government OF the
United States Of America will establish such mill
tary posts and agencies, and authorize such trad
ing houses, at such time and in such places as the
said Government may designate.
| K.-Relying confidcntyupOn the justice and the
libcrality OF the Aforesaid Government, and anK-
ous TO remove every possible cause that might DIS
turb their peace and quiet IL agreed by the afore-
said Nava jocs that the Government of the United
States shall, at it's earliest convenience designate
settle, and adjust their territorial boundaries and
pass and execute in their territory such laws as
may be deemed conducive 10 the prosperity and
happiness Of said Indians.
x.-For and in consideration Of the faithful per
formanoe Of all the stpulations herein contained
by the said Navajo Indians, the Government OF the
United States will grant 90 said Indiana such do
nations, prcscnts, and implemcnts. and adopt such
other liberal and humane measures, as said govern
ment may deem meet and proper.
Xi.-This treaty shall be binding upon the cons
tracing parties from and after the signing OF the
same, subject only 70 such notifications and
amendments as may be adopted by the Govern
ment of the United States and, finally, this treaty
is TO receive liberal construction, at all times AND
in all places, 10 the end that the said Navajo In
dans shall not be held responsible for the conduct
Of others, and that the Government Of the United
States shall go lcgisate and act as 20 secure tbs
permanent prosperity and happiness OF said In
dnns.
In faith whereof, we, the undersigned, hav,
signed thi. treaty and affixed thoreunto seals
in the valley Of Chele, this the ninth day Of Sep
tembcr In the year Of our Lord ono thousand eight
hundred and forty nine.
j. NJ WksHINGToN, II. 81
Brepet Lieutsnanf Coon,l commanding
JAMES $. CALHOUN, f..
Indian agent, residing at Santa Fe
Mariana Martinez, his X mark. L.. 81
Head Chief
Chspitone, his mark r.. 81
Second Chief.
J. l.. Collins.
l. I'm,