The President may at any time order a survey of the reservation, and Survey. when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and may fix the character of the title held by each. Alienation 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 and descent of thought proper. property. ARTICLE VI. In order to insure the civilization of the Indians enter- Children being into this treaty, the necessity of education is admitted, especially of tween six and such of them as may be settled on said agricultural parts of this reserva- tend school. tion, and they therefore pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school; sixteen to at School-houses and it is hereby made the duty of the agent for said Indians to see Duty of agent. that this stipulation is strictly complied with; and the United States agrees that, for every thirty children between said ages who can be in- and teachers. duced 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 said Indians, and faithfully discharge his or her duties as a teacher. Seeds and The provisions of this article to continue for not less than ten years. ARTICLE VII. When the head of a family shall have selected lands and received his certificate as above directed, and the agent shall be satis- agricultural imfied that he intends in good faith to commence cultivating the soil for a plements. living, he shall be entitled to receive seeds and agricultural implements for the first year, not exceeding in value one hundred dollars, and for each succeeding year he shall continue to farm, for a period of two years, he shall be entitled to receive seeds and implements to the value of twentyfive dollars. ARTICLE VIII. In lieu of all sums of money or other annuities pro- Delivery of vided to be paid to the Indians herein named under any treaty or treaties articles in lieu heretofore made, the United States agrees to deliver at the agency house of money and annuities. 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 Clothing, &c. agent may make his estimate for, not exceeding in value five dollars per Indian-each Indian being encouraged to manufacture their own clothing, blankets, &c. ; 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. Indians to be furnished with no articles they can make. Census. Annual ap money for ten may be And in addition to the articles herein named, the sum of ten dollars for each person entitled to the beneficial effects of this treaty shall be annu- propriations in ally appropriated for a period of ten years, for each person who engages years; 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 condition and necessities of the Indians may indicate to be proper; and if within the ten years at any time it shall appear that the amount of money needed for clothing, under the article, can be appropriated to bet- changed. ter 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 Army officer detail an officer of the army to be present and attest the delivery of all to attend delivery of goods, &o. 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 con- Stipulations ferred by this treaty, and the many pledges of friendship by the United by the Indians ritory; as to outside ter- States, the tribes who are parties to this agreement hereby stipulate that they will relinquish all right to occupy any territory outside their reservation, as herein defined, but retain the right to hunt on any unoccupied lands contiguous to their reservation, so long as the large game may range thereon in such numbers as to justify the chase; and they, the said Indians, further expressly agree: railroads; residents, 1st. That they will make no opposition to the construction of railroads 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 travelling, nor travellers, wag molest or disturb any wagon trains, coaches, mules or cattle belonging to the people of the United States, or to persons friendly therewith. on trains; women and children; scalping; roads or stations; damages; military posts and roads. Cession of reservation not to be valid, unless, &c. Indians to go to reservation 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, wagon roads, 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 the adult male Indians occupying or interested in the same; and no cession by the tribe shall be understood or construed in such 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 of this treaty. ARTICLE XI. The Navajos also hereby agree that at any time after the when required. 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. Appropria tions how to be disbursed. Removal. Sheep and goats. Cattle and corn. Remainder. Removal, how made. ARTICLE XII. It is further agreed by and between the parties to this agreement that the sum of one hundred and fifty thousand dollars appropriated or to be appropriated shall be disbursed as follows, subject to any conditions provided in the law, to wit: 1st. The actual cost of the removal of the tribe from the Bosque Redondo reservation to the reservation, say fifty thousand dollars. 2nd. The purchase of fifteen thousand sheep and goats, at a cost not to exceed thirty thousand dollars. 3rd. The purchase of five hundred beef cattle and a million pounds of corn, to be collected and held at the military post nearest the reservation, subject to the orders 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 Indians pending 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 direction of the military commander of the Territory of New Mex ico, and when completed, the management of the tribe to revert to the proper agent. Reservation tc home of Indians. tion. ARTICLE XIII. The tribe herein named, by their representatives, parties to this treaty, agree to make the reservation herein described their be permanent permanent home, and they will not as a tribe make any permanent settlement elsewhere, reserving the right to hunt on the lands adjoining the said reservation formerly called theirs, subject to the modifications named in Penalty for this treaty and the orders of the commander of the department in which leaving reservasaid 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 shall 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 occupation of the Indians. In testimony of all which the said parties have hereunto, on this the first day of June, one thousand eight hundred and sixty-eight, at Fort Sumner, in the Territory of New Mexico, set their hands and seals. W. T. SHERMAN, Lt. Gen'l, Indian Peace Commissioner. S. F. TAPPAN, Indian Peace Commissioner. Execution. Ratification. And whereas, the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the twenty-fifth day of July, one thousand eight hundred and sixty-eight, advise and consent to the ratification of the same, by a resolution in the words and figures following, to wit: IN EXECUTIVE SESSION, SENATE of the United States, July 25, 1868. Resolved, (two-thirds of the senators present concurring,) That the GEO. C. GORHAM, Secretary, By W. J. McDONALD, Chief Clerk. Proclamation. Now, therefore, be it known that I, ANDREW JOHNSON, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in its resolution of the twenty-fifth of July, one thousand eight hundred and sixty-eight, accept, ratify, and confirm the said treaty. In testimony whereof, I have hereto signed my name, and caused the seal of the United States to be affixed. Done at the City of Washington, this twelfth day of August, in the year of our Lord one thousand eight hundred and sixty-eight, [SEAL.] and of the Independence of the United States of America the ninety-third. By the President: W. HUNTER, Acting Secretary of State. ANDREW JOHNSON. Treaty between the United States of America and the Eastern Band of Shoshonees and the Bannack Tribe of Indians; Concluded, July 3, 1868; Ratification advised, February 16, 1869; Proclaimed, February 24, 1869. ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING: WHEREAS a treaty was made and concluded at Fort Bridger, in the Territory of Utah, on the third day of July, in the year of our Lord one thousand eight hundred and sixty-eight, by and between Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, S. F. Tappan, C. C. Augur, and Alfred H. Terry, commissioners, on the part of the United States, and Wash-a-kie, Wau-ni-pitz, and other chiefs and headmen of the Eastern Band of Shoshonee Indians, and Tag-gee, Tay-to-ba, and other chiefs and headmen of the Bannack tribe of Indians, on the part of said band and tribe of Indians respectively, and duly authorized there to by them, which treaty is in the words and figures following, to wit: Articles of a Treaty with the Shoshonee (Eastern Band) and Bannack July 8, 1868. Preamble. Articles of a treaty made and concluded at Fort Bridger, Utah Territory, Contracting on the third day of July, in the year of our Lord one thousand eight parties. hundred and sixty-eight, by and between the undersigned commissioners on the part of the United States, and the undersigned chiefs and headmen of and representing the Shoshonee (eastern band) and Bannack tribes of Indians, they being duly authorized to act in the premises: ARTICLE I. From this day forward, peace between the parties to this treaty shall forever continue. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they hereby pledge their honor to maintain it. War to cease and peace to be kept. If bad men among the whites, or among other people subject to the Offenders authority of the United States, shall commit any wrong upon the person Indians to be against the or property of the Indians, the United States will, upon proof made to arrested, &c. 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 reimburse the injured person 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 Indians herein named solemnly agree that they will, on proof made to their agent and notice by him, deliver up the wrong-doer to the United States, to be tried and punished according to its laws; and in case they wilfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities or other moneys due or to become due to them under this or other VOL. XV. TREAT. 43 Wrong-doers against the whites to be punished. |