The Treaties Mystery
According to written histories the following were the treaties that were signed:
I have located the treaties with the Ute and the U.S. Government. This finding raises some important questions. The signors and locations where the treaties where made are in contradiction to the historical record. And there is no mention of any treaty being signed in 1872 at Mt. Pleasant, Utah. These treaties were never ratified, except the one made in 1868.
In a recent interview with Dr. Floyd O'Neil at the University of Utah, Dr. Floyd O'Neil explained that there were no treaties made between the Indian people of Utah and the U. S. Federal Government. He went on to explain that there were agreements made between the Mormon Church and the indigenous people, but such agreements had no legal basis to bind either parties to the terms of such agreements. These agreements were titled "treaties" but the Federal Government were and are the only ones who have the legal authority to make treaties. This explains the ambiguities of these so called "treaties" which were not legal instruments, and unfortunately for the indigenous people they were worth no more than the paper they were written on. This raises moral issues about the time, suggesting these treaties were divisive and manipulative.
One final note. Imagine, if you will, being a person who has a limited understanding of the English language. That you are able to speak the language in the most basic terms. Read the following documents and ask yourself would you understand what you are signing?
INDIAN AFAIRS: LAWS AND TREATIES
Vol. V, Laws (Compiled from December 22, 1927 to June 29, 1938)
Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.
June 8, 1865. | Unratified.
TREATY WITH THE UTAH, YAMPAH UTE, PAH-VANT, SANPETE UTE, TIMP-NOGS AND CUM-NM-BAH BANDS OF THE UTAH INDIANS, JUNE 8, 1865
Articles of Agreement and Convention made and concluded at Spanish Fork Indian Farm, in the Territory of Utah, this Eighth day of June, Eighteen hundred and sixty five, by O. W. Irish, Superintendent of Indian Affairs for said Territory, Commissioner, on the part of the United States, and the undersigned chiefs, head men and delegates of the Utah, Yampah Ute, Pah-vant, Sanpete Ute, Tim-p-nogs and Cum-nm-bah Bands of the Utah Indians occupying the lands within Utah Territory, on behalf of Said Indians and duly authorized by them.
ARTICLE 1.
The said bands of Indians hereby surrender and relinquish to the United States all their possessory right of occupancy in and to all of the lands heretofore claimed and occupied by them, as hereinafter mentioned, within the defined boundaries of the Territory of Utah as follows—towit, Commencing at a point formed by the intersection of the thirty second degree of longitude west from Washington with the forty first degree of north latitude; thence due west on the forty first degree of north latitude to the thirty eighth degree of longitude; thence due south on the thirty eighth degree of longitude to the thirty eighth degree of north latitude; thence due east on the thirty eighth degree of north latitude to the thirty second degree of longitude thence due north on the thirty second degree of longitude to the forty first degree of north latitude to the place of beginning.
ARTICLE II.
There is however reserved for the exclusive use and occupation of the said tribes the following tract of lands; viz "the entire valley of the Uintah River within Utah Territory extending on both sides of said river to the crest of the first range of contiguous mountains on each side" which said tract shall be, so far as is necessary, surveyed and marked out, set aside and reserved for their exclusive use and occupation nor shall any white person, unless he be in the employ of the Indian authorities, be permitted to reside upon the same, without permission of the said tribe, and of the Superintendent of Indian Affairs or United States Indian Agent. It is however understood that should the President of the United States hereafter see fit to place upon the reservation, any other friendly tribe or bands of Indians of Utah Territory, to occupy the same in common with those above mentioned, he shall be at liberty to do so.
ARTICLE III.
The said tribes and bands agree to remove to and settle upon the said reservation within one year after the ratification of this treaty, provided the means lie furnished them by the United States to enable them to do so—In the meantime it shall be lawful for them to reside upon any land not in the actual claim and occupation of citizens of the United States, and upon any land claimed or occupied if with the permission of the owner.
ARTICLE IV.
The right of taking fish at usual and accustomed grounds, and stations is further reserved to said Indians in common with all white citizens of the Territory and of erecting temporary houses for the purpose of curing them, together with the privilege of hunting and gathering roots and berries on open and unclaimed lands.
ARTICLE V.
In consideration of the foregoing relinquishment of their right of possession the United States agree and stipulate as follows; viz:
First, To protect the Indians in the possession of the aforesaid tract of land reserved for their future homes, and their persons and property thereon, during good behavior on their part,
Second, To pay to them, or expend for their benefit the sum of twenty five thousand ($25,000 00/100) dollars per annum for ten years; commencing with the year in which they shall remove to and settle upon the tract of land hereby reserved for their exclusive use and occupation, twenty thousand ($20,000 00/100) dollars per annum for twenty years, from and after the expiration of the said ten years, and thereafter fifteen thousand ($15,00000 00/100) dollars per annum for thirty years; all of which sums of money shall be applied to the use and benefit of the said Indians under the direction of the President of the United States, who may from time to time determine at his discretion upon what beneficial objects to expend the same. It being understood that these
several amounts are fixed as the amounts to be paid to, or expended for the said tribes and bands of Indians upon the basis of their number being five thousand (5,000) persons including men, women and children—If it should, however, hereafter upon a census being taken, be found that there is a material increase or decrease of the said Indians from the number as above stated, then and in that case the said amounts to be paid to them, or expended on their behalf, shall in the same proportion be increased or diminished as the case may be.
Third, For the purpose of making improvements in the Uintah Valley Reservation for the comfort of the Indians who may inhabit the same, to enable them to become self sustaining by means of agriculture, and to procure Cattle for stock raising, the United States agree to expend in accordance with the terms of the Act of Congress approved May 5th 1864, and entitled "An Act to vacate and sell the present Indian reservations in Utah Territory, and to settle the Indians of said Territory in the Uintah Valley," the sum of thirty thousand ($30,000.00) dollars, that being the sum appropriated for this purpose by the said act of Congress.
The United States further agree in pursuance of the aforesaid Act of Congress to sell for the use and benefit of the Indians, for the best price that can be obtained, the Indian reservations known as the Spanish Fork Reservation, containing fifteen thousand (15,000) acres, the San Pete Reservation containing ninety-two thousand one hundred and sixty (92,160) acres, the Corn Creek Reservation containing ninety-two thousand, one hundred and sixty (92,160) acres, and the Deep Creek Reservation containing ninety-two thousand one hundred and sixty (92,160) acres, the four Indian Reservations aforesaid containing in all two hundred ninety-one thousand, four hundred and eighty (291,480) acres. The amount realized from the said sale shall be applied, under the direction of the Secretary of the Interior, in the construction of improvements upon the said Uintah Indian Reservation, or to the purchase of stock, agricultural implements, or such other useful articles as to him may seem best adapted to the wants and requirements of the Indians settled thereon in pursuance of this Treaty: Provided, that if the United States should sell the said lands at an average price of less than sixty-two and one-half cents per acre, then and in that case the amount that the said lands would have realized if sold at that price shall be made up to the Indians and be expended for their benefit by the Secretary of the Interior as aforesaid.
Fourth, The United States agree to establish and maintain for ten years, at an expense not to exceed ten thousand ($10,000.00) dollars per annum a manual labor school for the education and training of the Indian youth in letters, agriculture, the mechanic arts, and housewifery; which school shall be managed and conducted in such manner as the President of the United States shall direct; the said bands of Indians hereby stipulate to constantly keep thereat, during at least nine months in every year, all their children between the ages of seven and eighteen years. It is further agreed that such measures may be adopted, to compel the attendance of the children at the school, as the President may think proper and direct; and whenever he shall be satified of a failure to fulfil the aforesaid stipulation on the part of the Indians he may, at his discretion, diminish or wholly discontinue the allowance and expenditure of the sum herein set apart for the support and maintenance of said school.
Fifth, The United States agree to provide the Indians with a mill suitable for grinding grain and sawing timber, one or more mechanic shops, with the necessary tools for the same, and dwelling houses for an interpreter, miller, engineer for the mill, if one be necessary, farmer and the mechanics that may be employed for their benefit, the whole not to exceed in cost the sum of fifteen thousand ($15,000 00/100) dollars, and also to expend annually, for ten years, an amount not exceeding seven thousand ($7,000 00/100) dollars, for the purpose of furnishing said Indians with such aid and assistance in agricultural and mechanical pursuits, including the working of said mill, as the Secretary of the Interior may consider advantageous and necessary for them; the tribe and bands of Indians hereby stipulating to furnish from their tribe the number of young men that may be required as apprentices and assistants in the mill and mechanic shops, and at least three persons to work constantly with each laborer employed for them in agricultural pursuits, it being understood that such laborers are to be employed more for the instruction of the Indians than merely to work for their benefit.
They do further stipulate and bind themselves to prevent any of the members of their tribe from destroying or injuring the said houses, shops, mill, machinery, stock, farming utensils, or any other thing furnished them by the Government, and in case of any such destruction or injury, or of any of the things so furnished being carried off by any member or members of their tribe, the value of the same shall be deducted from the tribal annuities, and whenever the President shall be satisfied that the Indians have become sufficiently confirmed in habits of industry and advanced in acquiring a practical knowledge of agriculture and the mechanic arts, he may at his discretion, cause to be turned over to the tribe all of the said houses and other property furnished them by the United States, and dispense with the services of any or all of the persons hereinbefore stipulated to be employed for their benefit and assistance. And it is hereby provided, That all of the expenditures and expenses, contemplated by this treaty, in the transportation of supplies, machinery &c shall be defrayed by the United States and shall not be deducted from any one of the several sums herein mentioned, which the United States agree to pay to or expend for the benefit of the said Indians, in pursuance hereof.
ARTICLE VI.
The United States shall have the right to establish and maintain such roads or Telegraph lines, as may be deemed necessary, within or running through the tract of country hereby reserved for the use of the Indians, but no greater quantity of land or timber shall be used for said purposes than shall be actually requisite; and if in the establishment or maintenance. of such roads, the property of any Indian shall be taken, injured or destroyed, just and adequate compensation shall be made therefore by the United States, and all roads, highways or telegraph lines authorized by competent authority, other than the United States, the lines of which shall lie through said tract, shall have the right of way through the same; the fair and just value of such right being paid to the said tribe and bends of Indians therefore by the party or parties authorizing the same or interested therein; to be assessed and determined in such manner as the President of the United States shall direct. And it is hereby further stipulated that any substantial improvements heretofore made by any Indian and which he shall be compelled to abandon in consequence of this treaty, shall be valued under the direction of the President and payment made accordingly therefore.
ARTICLE VII.
The President may hereafter when in his opinion, the interests of the Indians will be promoted by so doing, cause the whole or any portion of the lands hereby reserved to be surveyed into lots, and assign the same, under such terms and subject to such conditions as he may deem best for the Indians, to such individuals or families of the tribe or bands as are willing to avail themselves of the privilege and will locate on the same as a permanent home. The United States agree to build for the head chiefs of the Utah, Yampah Ute, Pah-want, Sanpete Ute, Tim-p-nogs and Cum-um-bah bands, each, one dwelling house, and to plough and fence five acres of land for each, and to pay to each, one hundred ($100 00/100) dollars per annum for the term of twenty years. The first payment to each of the said chiefs to commence upon his removal to the said Reservation. The United States further agree to give to each, within three months of his removal to the Reservation, two yoke of oxen, two yokes and two chains, one wagon, one plow, ten hoes, six axes, two shovels, two spades, four scythes and snaths, one saddle and bridle and one set of harness.
ARTICLE VIII.
The Annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals.
ARTICLE IX.
The said tribes and bands acknowledge their dependence on the Government of the United States and promise to be friendly with all Citizens thereof and they pledge themselves to commit no depredations on the property of such Citizens, should any one or. more of them violate this pledge and the fact be satisfactorily proven before the Agent, the property taken shall be returned or in default thereof, or if injured or destroyed, compensation may be made by the Government out of their Annuities! Nor will they make war on any other tribe, except in self defence, but will submit all matters of difference between them and the other Indians to the Government of the United States or its Agent, for decision and abide thereby, and if any of the said Indians commit depredations on other Indians within the Territory, the same rule shall prevail as that prescribed in this Article in cases of depredations against Citizens, and the said tribes agree not to shelter or conceal offenders against the laws of the United States, but to deliver them up to the authorities for trial.
ARTICLE X.
The above tribes and bands are desirous to exclude from their reservation the use of ardent spirits and to prevent their people from using the same, and therefore it is provided, That any Indian, belonging to said tribe and bands, who is guilty of bringing Liquor onto said reservation, or who drinks Liquor, may have his or her proportion of the Annuities withheld from him or her for such time as the President may determine, also, that no person, not belonging to the tribe or tribes, or band or bands, occupying this Reservation as before stated, shall be permitted to take Liquor or any intoxicating drink on to Said Reservation without special permission from the Secretary of the Interior.
ARTICLE XI.
This treaty shall be obligatory on the contracting parties as soon as the same shall be ratified by the President and Senate of the United States.
In testimony whereof, the said O. H. Irish, Superintendent of Indian Affairs for Utah Territory, and the undersigned Chiefs, headmen and delegates of the aforesaid tribes and bands of Indians have hereunto set their hands and seals, at the place and on the day and year hereinbefore written.
O. H. IRISH,
Supt. Ind. Affairs and Commissioner.
SOW-E-ETT (nearly starved) his x mark
KON-OSH (man of white hair) his x mark
TABBY (the sun) his x mark
TO-QUO-NE (black mountain lion) his x mark
SOW-OK-SOO-BET (arrow feather) his x mark
AN-KAR-TEW-ETS (red boy) his x mark
SAN-PITCH (bull rush) his x mark
KIBETS (mountain) his x mark
AM-OOSH his x mark
AN-KAR-AW-KEG (red rifle) his x mark
NAUP-PEADES (foot mother) his x mark
PAN-SOOK (otter) his x mark
PEAN-UP (big foot) his x mark
EAH-LAND (shot to pieces) his x mark
NAR-I-ENT (powerful) his x mark
QUE-O-LAND (bear) his x mark
Executed in the presence of—
BRIGHAM YOUNG,
GEO. A. SMITH, Pres. Legislative Council.
JOAN TAYLOR, Speaker House of Representatives.
H. C. DOLL, Clerk.
D.B. HUNTINGTON, Interpreter Utah Superintendency.
GEO. W. BEAN, Interpreter Spanish Fork Farm.
C.A. HUNTINGTON, Interpreter Uintah Agency.
INDIAN AFAIRS: LAWS AND TREATIES
Vol. V, Laws (Compiled from December 22, 1927 to June 29, 1938)
Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.
October 30, 1865 | Unratified.
TREATY WITH THE WEBER UTE BAND OF UTAH INDIANS, OCTOBER, 30, 1865
Article 1 | 2 | 3
Articles of Agreement, and Convention made and concluded at G.S.L. City, U.T. in the territory of Utah this 30th day of October Eighteen hundred and sixty five by O. H. Irish, Superintendent of Indian Affairs for said Territory. Commissioner on the part of the United States and the undersigned. Chiefs head-men and delegates of the Weber Ute band of Utah Indians, occupying lands within Utah Territory on behalf of said Indians and duly authorized by them.
ART. 1.
Whereas the treaty made and concluded at Spanish Fork Indian Farm on the eighth day of June A.D. 1865 between the United States and the several hands or tribes of Utah Indians having been read and fully interpreted and explained to the Chiefs head-men and delegates of the Weber Ute band of Utah Indians. Thereupon they the said bands of Indians agree to faithfully observe and abide by all the provisions stipulations and agreements contained in said treaty and they do hereby surrender and relinquish to the United States all their possessory right of occupancy in and to all of the land heretofore claimed and occupied by them within the defined boundaries of the Territory of Utah as described in the second article of said Treaty.
ART. 2.
In consideration of the foregoing agreement on the part of the said Indians and their relinquishment of their right of possession to the lands within Utah Territory as mentioned and described in the said treaty. The United States agree and stipulate to secure to the members of said Weber Ute band of Indians all the rights, and privileges guaranteed by the treaty aforesaid made and concluded at Spanish Fork, Indian Farm on the eighth day of June A.D. 1865 between the United States and the several bands of Utah Indians jointly with said band or tribe of Indians and they the said band of Indians do further hereby agree to confederate with the several bands of Utah Indians parties to the said treaty and to remove to and settle upon the Uintah Indian Reservation within one year after the ratification of this treaty provided the means are furnished them by the United States to enable them to do so. Whenever they shall be entitled to and shall participate jointly with the Utah co-parties to the said treaty in all of the annuities and the advantages to be derived from the improvements and schools therein provided for.
ART. 3.
This treaty shall be obligatory on the contracting parties as soon as the same shall be ratified by the President and Senate of the United States.
In testimony whereof the O H Irish Superintendent of Indian Affairs for Utah Territory and the undersigned. Chiefs head-men and delegates of the aforesaid band of Indians have set their hands at the place on the day and year hereinbefore.
O.H. IRISH, Supt-Ind Affairs Commissioner.
SEE-GO-ETT his x mark
TOW-ICH his x mark
NAR-A-COOTS his x mark
WAH-KER his x mark
TO-A-BITCH his x mark
PE-DO his x mark
TO-NE-OO his x mark
OBER-ICH his x mark
SO-NEEP his x mark
WILLIAM his x mark
KID-IP his x mark
SAM his x mark
KUB-ER-UUP his x mark
CHARLEY his x mark
OLD JOHN his x mark
Executed in presence of
F.H. HEAD
H.C. DOLL
Clerk of Utah Superintendency.
D.B. HUNTINGTON,
Interpreter.
INDIAN AFAIRS: LAWS AND TREATIES
Vol. V, Laws (Compiled from December 22, 1927 to June 29, 1938)
Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.
August 29, 1866 | Unratified.
TREATY WITH THE UINTAH AND YAMPA OR GRAND RIVER BANDS OF UTAH INDIANS, AUGUST 29, 1866.
Article 1
The President of the United States of America, by Alexander Cummings, Governor of Colorado Territory, and Exofficio Supt Indian Affairs for the same Hon A.C. Hunt, and D.C. Oakes, U.S. Indian Agent duly authorized and appointed as Commissioners, for the purpose, of the one part, and the undersigned chiefs and warriors of the Uintah and Yampa or Grand River Bands of Utah Indians on the other part, have made and entered into the following Treaty of amity & friendship which, when ratified by the President of the United States by and with the advice and consent of the Senate, shall be binding on both parties, to, wit
ARTICLE 1.
There shall be perpetual peace and friendship between the United States of America and the Uintah and Yampa or Grand River bands of Utah Indians.
It is the purpose of the United States Government, by some of the citizens thereof; to make a road or roads through the lands claimed by the Green River or (Yampa) and Uintah bands of Ute Indians. And in consideration of a present by the United States, of twenty five (25) head of cattle and sundry provisions, blankets clothing and other articles—the receipt of which is hereby acknowledged and the delivery witnessed by James Baker, Interpreter, Hon H. P. Bennett, and Brevet Major Lewis Thompson, U.S.A., the Indians aforesaid agree that they will not interfere with the construction of said roads, nor molest any persons engaged thereon, nor any stations or buildings or settlements which may be made, and will aid in protecting the persons traveling on the roads or employed upon them.
It is agreed by said Indians, in case of any violation of the provisions of this article, by any individual of the aforesaid band, or of any violence by any of them to any United States Citizen or white resident traveling through the lands claimed by them, that the individual guilty of said wrong shall be delivered up to the United States Authorities to be punished by the laws thereof.
The United States guarantees that, for any wrong done upon any of the aforesaid bands, by any citizen or white resident of the United States, the party guilty of the wrong shall be punished by the United States with the same penalties as though the wrong had been committed on a white citizen.
And in further consideration of the foregoing, the United States agrees to furnish to the aforesaid Indians with twenty five (25) horses, with saddles, bridles, and blankets for each complete on the ratification of this treaty. And annually thereafter blankets and stock either horses, cattle or sheep, to the value of five thousand ($5000) dollars, and provisions to the value of three thousand (3000) dollars, this annuity to continue until some arrangement is made with the tribe for their permanent settlement.
In Testimony Whereof the said Commissioners, as aforesaid, and the said Chiefs anal Warriors of the said Bands of Utah Indians have hereunto set their hands and seals at the Hot Sulphur Springs as aforesaid, on this Twenty Ninth day of August, A.D. One Thousand Eight Hundred and Sixty Six.
ALEXANDER CUMMINGS [SEAL]
Gov. C.T. and Sup Ind Affr's and Commissioner
M HUNT [SEAL]
Commissioner
DANIEL C. OAKES [SEAL]
Indian Agent and Commissioner
SA-GA-WICH, or, BUZZARD his x mark [SEAL]
JACK, or ONE NAME his x mark [SEAL]
PA-END or HIGH his x mark [SEAL]
SA-PACH or WHITE his x mark [SEAL]
UN-CA-CHEP, RED LODGE POLE his x mark [SEAL]
NEVADA or SNOW his x mark [SEAL]
SACH-WA-TSCHWHICH, BLUE RIVER, his x mark [SEAL]
PA-HA-PITCH, or SWIMMER his x mark [SEAL]
YA-HA-ME-NA, PRICKLY PEAR his x mark [SEAL]
PAN-QUI-TO, or MINNOW his x mark [SEAL]
TA-HA-KEN, WASHINGTON his x mark [SEAL]
Witnesses to the Treaty and signatures.
JOEL BEEKER,
HIRAM P. BENNET,
LEWIS THOMPSON
Br. Major, U.S. Army,
Interpreter.
JOEL BEEKER.
INDIAN AFAIRS: LAWS AND TREATIES
Vol. II, Treaties
Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
TREATY WITH THE UTE, 1868.
Mar. 2, 1868. | 15 Stats., 619. | Ratified, July 25, 1868. | Proclaimed, Nov. 6, 1868.
Articles of a treaty and agreement made and entered into at Washington City, D. C., on the second day of March, one thousand eight hundred and sixty-eight, by and between Nathaniel G. Taylor, Commissioner of Indian Affairs, Alexander C. Hunt, governor of Colorado Territory and ex-officio superintendent of Indian affairs, and Kit Carson, duly authorized to represent the United States, of the one part, and the representatives of the Tabaquache, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah bands of Ute Indians, (whose names are hereto subscribed,) duly authorized and empowered to act for the body of the people of said bands, of the other part, witness:
ARTICLE 1.
All of the provisions of the treaty concluded with the Tabequache band of Utah Indians October seventh, one thousand eight hundred and sixty-three, as amended by the Senate of the United States and proclaimed December fourteenth, one thousand eight hundred and sixty-four, which are not inconsistent with the provisions of this treaty, as hereinafter provided, are hereby re-affirmed and declared to be applicable and to continue in force as well to the other bands, respectively, parties to this treaty, as to the Tabequache band of Utah Indians.
ARTICLE 2.
The United States agree that the following district of country, to wit: Commencing at that point on the southern boundary-line of the Territory of Colorado where the meridian of longitude 107° west from Greenwich crosses the same; running thence north with said meridian to a point fifteen miles due north of where said meridian intersects the fortieth parallel of north latitude; thence due west to the western boundary-line of said Territory; thence south with said western boundary-line of said Territory to the southern boundary-line of said Territory; thence east with said southern boundary-line to the place of beginning, shall be, and the same is hereby, set apart for the absolute and undisturbed use and occupation of the Indians herein named, 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 now soulmnly agree that no persons, except those herein authorized so to do, and except such officers, agents, and employés of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law shall ever be permitted to pass over, settle upon, or reside in the Territory described in this article, excepts as herein otherwise provided.
ARTICLE 3.
It is further agreed by the Indians, parties hereto, that henceforth they will and do hereby relinquish all claims and rights in and to any portion of the United States or Territories, except such as are embraced in the limits defined in the preceding article.
ARTICLE 4.
The United States agree to establish two agencies on the reservation provided for in article two, one for the Grand River, Yampa, and Uintah bands, on White River, and the other for the Tabequache, Muache, Weeminuche, and Capote bands, on the Rio de los Pinos, on the reservation, and at its own proper expense to construct at each of said agencies a warehouse, or store-room, for the use of the agent in storing goods belonging to the Indians, to cost not exceeding fifteen hundred dollars; an agency-building for the residence of the agent, to cost not exceeding three thousand dollars; and four other buildings for a carpenter, farmer, blacksmith, and miller, each to cost not exceeding two thousand dollars; also a school-house or mission-building, so soon as a sufficient number of children can be induced by the agent to attend school, which shall not cost exceeding five thousand dollars. The United States agree, further, to cause to be erected on said reservation, and near to each agency herein authorized, respectively, a good water-power saw-mill, with a grist-mill and a shingle-machine attached, the same to cost not exceeding eight thousand dollars each: Provided, The same shall not be erected until such time as the Secretary of the Interior may think it necessary to the wants of the Indians.
ARTICLE 5.
The United States agree that the agents for said Indians, in the future, shall make their homes at the agency-buildings; that they shall reside among the Indians, and keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint by and against the Indians, as may be presented for investigation under the provisions of their treaty stipulations, as also for the faithful discharge of other duties enjoined on them by law. In all cases of depredation on person or property they shall cause the evidence to be taken in writing and forwarded, together with their finding, to the Commissioner of Indian Affairs, whose decision, subject to the revision of the Secretary of the Interior, shall be binding on the parties to this treaty.
ARTICLE 6.
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 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 tribes herein named soulmnly agree that they will, on proof made to their agent and notice to him, deliver up the wrong-doer to the United States, to be tried and punished according to its laws, and in case they willfully 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 treaties made with the United States.
ARTICLE 7.
If any individual belonging to said tribe of Indians or legally incorporated with them, being the head of a family, shall desire to commence farming, he shall have the privilege to select, in the presence and with the assistance of the agent then in charge, by metes and bounds, a tract of land within said reservation not exceeding one hundred and sixty acres in extent, which tract, when so selected, certified, and recorded in the land-book, as herein directed, shall cease to be held in common, but the same may be occupied and held in exclusive possession of the person selecting it and his family so long as he or they may continue to cultivate it. Any person over eighteen 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 eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate containing a 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 “Ute 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 such Indian settlers in their improvements, and may fix the character of the title held by each.
The United States may pass such laws on the subject of alienation and descent of property, and on all subjects connected with the government of the Indians on said reservation and the internal police thereof as may be thought proper.
ARTICLE 8.
In order to insure the civilization of the bands entering into this treaty, the necessity of education is admitted, especially by such of them as are or may be engaged in either pastoral, agricultural, or other peaceful pursuits of civilized life on said reservation, and they therefore pledge themselves to induce their children, male and female, between the age[s] of seven and eighteen years, to attend school; and it is hereby made the duty of the agent for said Indians to see that this stipulation is complied with to the greatest possible extent; and the United States agree that for every thirty children between said ages who can be induced 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 teacher, the provisions of this article to continue for not less than twenty years.
ARTICLE 9.
When the head of a family or lodge shall have selected lands, and received his certificate as above described, and 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 one hundred dollars, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seeds and implements as aforesaid, not exceeding in value fifty dollars; and it is further stipulated that such persons as commence farming shall receive instructions from the farmer herein provided for; and it is further stipulated that an additional blacksmith to the one provided for in the treaty of October seventh, one thousand eight hundred and sixty-three, referred to in article one of this treaty, shall be provided with such iron, steel, and other material as may be needed for the Uintah, Yampa, and Grand River agency.
ARTICLE 10.
At any time after ten years from the making of this treaty, the United States shall have the privilege of withdrawing the farmers, blacksmiths, carpenters, and millers herein, and in the treaty of October seventh, one thousand eight hundred and sixty-three, referred to in article one of this treaty, provided for, but in case of such withdrawal, an additional sum thereafter of ten thousand dollars per annum shall be devoted to the education of said Indians, and the Commissioner of Indian Affairs shall, upon careful inquiry into their condition, make such rules and regulations, subject to the approval of the Secretary of the Interior, for the expenditure of said sum as will best promote the educational and moral improvement of said Indians.
ARTICLE 11.
That a sum, sufficient in the discretion of Congress, for the absolute wants of said Indians, but not to exceed thirty thousand dollars per annum, for thirty years, shall be expended, under the direction of the Secretary of the Interior for clothing, blankets, and such other articles of utility as he may think proper and necessary upon full official reports of the condition and wants of said Indians.
ARTICLE 12.
That an additional sum sufficient, in the discretion of Congress, (but not to exceed thirty thousand dollars per annum,) to supply the wants of said Indians for food, shall be annually expended under the direction of the Secretary of the Interior, in supplying said Indians with beef, mutton, wheat, flour, beans, and potatoes, until such time as said Indians shall be found to be capable of sustaining themselves.
ARTICLE 13.
That for the purpose of inducing said Indians to adopt habits of civilized life and become self-sustaining, the sum of forty-five thousand dollars, for the first year, shall be expended, under the direction of the Secretary of the Interior, in providing each lodge or head of a family in said confederated bands with one gentle American cow, as distinguished from the ordinary Mexican or Texas breed, and five head of sheep.
ARTICLE 14.
The said confederated bands agree that whensoever, in the opinion of the President of the United States, the public interest may require it, that all roads, highways, and railroads, authorized by law, shall have the right of way through the reservations herein designated.
ARTICLE 15.
The United States hereby agree to furnish the Indians the teachers, carpenters, millers, farmers, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons.
ARTICLE 16.
No 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 as against the said Indians, unless executed and signed 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 right to any tract of land selected by him, as provided in article seven of this treaty.
ARTICLE 17.
All appropriations now made, or to be hereafter made, as well as goods and stock due these Indians under existing treaties, shall apply as if this treaty had not been made, and be divided proportionately among the seven bands named in this treaty, as also shall all annuities and allowances hereafter to be made: Provided, That if any chief of either of the confederated bands make war against the people of the United States, or in any manner violate this treaty in any essential part, said chief shall forfeit his position as chief and all rights to any of the benefits of this treaty: But provided further, Any Indian of either of these confederated bands who shall remain at peace, and abide by the terms of this treaty in all its essentials, shall be entitled to its benefits and provisions, notwithstanding his particular chief and band may have forfeited their rights thereto.
In testimony whereof, the commissioners as aforesaid on the part of the United States, and the undersigned representatives of the Tabequache, Muache, Capote, Weeminuche, Yampa, Grand River and Uintah bands of Ute Indians, duly authorized and empowered to act for the body of the people of said bands, have hereunto set their hands and seals, at the place and on the day, month and year first hereinbefore written.
N. G. Taylor, [SEAL.]
A. C. Hunt, governor, &c., [SEAL.]
Kit Carson, [SEAL.]
Commissioners on the part of the United States.
U-re, his x mark.
Ka-ni-ache, his x mark.
An-ka-tosh, his x mark.
Jose-Maria, his x mark.
Ni-ca-a-gat, or Greenleaf, his x mark.
Guero, his x mark.
Pa-ant, his x mark.
Pi-ah, his x mark.
Su-vi-ap, his x mark.
Pa-bu-sat, his x mark.
Witnesses:
Daniel C. Oakes, United States Indian agent.
Lafayette Head, United States Indian agent.
U. M. Curtis, interpreter.
H. P. Bennet.
Albert G. Boone.
E. H. Kellogg.
Wm. J. Godfroy.
Page 994
We, the chiefs and headmen of the aforesaid named bands of Ute Indians, duly authorized by our people, do hereby assent and agree to the amendment of the Senate, the same having been interpreted to us, and being fully understood by us.
Witness our hands and seals on the days and dates set opposite our names respectively.
Date of
signing. Signatures. Interpretation of names. Band.
1868.
Aug. 15 Sac-we-och, his x mark.
Tah-nach, his x mark.
Pah-ah-pitch, his x mark.
Tab-y-ou-souck-en, his x mark.
Shou-wach-a-wicket, his x mark.
Pe-ah, his x mark.
Ah-ump, his x mark.
An-tro, his x mark.
Pah, his x mark.
Quir-nauch, his x mark.
Yah-mah-na, his x mark.
White Lock of Hair.
Granite Rock.
Sweet Herb.
Sun Rise.
Rain Bow.
Black Tail Deer.
Pine Tree.
Rocking.
Water.
Eagle.
Briar. Grand River
Ute Indians
Uintah Ute
Indians.
Signed in the presence of—
A. Sagendorf.
Uriah M. Curtis, special interpreter.
E. H. Kellogg, secretary Colorado Indian superintendency.
Daniel C. Oakes, United States Indian agent.
Louis O. Howell.
Date of
signature. Signature. Interpretation of names. Band.
Sept. 1
Sa-wa-wat-se-witch, his x mark.
Colorado, his x mark.
Pa-ant, his x mark.
Su-ri-ap, his x mark.
Nick-a-a-gah, his x mark.
Blue River.
Red. (Spanish.)
Tall.
Lodge Pole's Son.
Green Leaf. Yampas.
Signed in the presence of—
E. H. Kellogg, secretary Indian superintendency Colorado Territory.
U. M. Curtis, special United States interpreter.
Daniel C. Oakes, United States Indian agent.
H. P. Bennet.
Louis O. Howell.
Date of
singing. Signatures. Interpretation of names. Band.
Sept. 14
Ou-ray, his x mark.
Sha-wa-na, his x mark.
Guero, his x mark.
Tah-be-wah-che-kah, his x mark.
Ah-kan-ash, his x mark.
Ka-ni-ache, his x mark.
An-ka-tosh, his x mark.
Sap-po-wan-e-ri, his x mark.
Tu-sa-sa-ri-be, his x mark.
Na-ca-get, his x mark.
Ya-ma-aj, his x mark.
Arrow.
Blue Flower.
Light Haired
Sun Rise.
Red Cloud.
One who was taken down.
Red. (Ute.)
Son to Tu-sa-sa-ri-be.
or George. Muaches
Tabaguaches.
Signed in the presence of—
Wm. J. Godfroy.
Daniel C. Oakes, United States Indian agent.
Edward R. Harris, special interpreter.
E. H. Kellogg, secretary Colorado Indian superintendency.
Louis O. Howell.
Uriah M. Curtis, interpreter.
To the other copy of these instruments are signed as witnesses the following names: Juan Martine Martines, (friend of Indians,) Albert H. Pfeiffer, (their old agent,) Manuel Lusero.
Date of
signing. Signature. Interpretation of names. Band.
Sept. 24.
So-bo-ta, his x mark.
I-si-dro, his x mark.
Sow-wa-ch-wiche, his x mark.
Ba-bu-zat, his x mark.
Sab-ou-ichie, his x mark.
Chu-i-wish, his x mark.
I-ta-li-uh, his x mark.
E-ri-at-ow-up, his x mark.
Aa-ca-wa, his x mark.
Ac-i-apo-co-ego, his x mark.
Martine, his x mark.
Ou-a-chee, his x mark.
Tap-ap-o-watie, his x mark.
Su-vi-ath, his x mark.
Wi-ar-ow, his x mark.
A Big Frock.
A Green Herb.
A Crystal Drop Water.
Wounded in the Abdomen.
Long Tailed Deer.
Water Carrier. Utes.
Red Eyes.
Red Snake.
Named after a Mexican friend.
The Swoop of a Bird.
Ca-po-tas
Utes.
Signed in the presence of—
Lafayette Head.
Alb. H. Pfeiffer.
Manuel Lusero.
E. H. Kellogg, secretary Colorado Indian superintendency.
Uriah M. Curtis, interpreter.
Daniel C. Oakes, United States Indian agent.
Date of
signing. Signatures. Interpretation of names. Band.
Sept. 25.
Pa-ja-cho-pe, his x mark.
Pa-no-ar, his x mark.
Su-bi-to-au, his x mark.
Te-sa-ga-ra-pou-it, his x mark.
Sa-po-eu-a-wa, his x mark.
Qu-er-a-ta, his x mark.
A Claw.
Broad Brow.
Ugly Man.
White Eyes.
Big Belly.
A Bear. We-mi-nuches Utes
Signed in the presence of—
Lafayette Head.
Manuel Lusero.
Alb. H. Pfeiffer.
E. H. Kellogg, secretary Colorado Indian superintendency.
Juan Martine Martines, interpreter and Indian's friend.
Daniel C. Oakes, United States Indian agent.
Uriah M. Curtis, interpreter.
I hereby certify that, pursuant to the order from the Commissioner of Indian Affairs, dated August fourth, one thousand eight hundred and sixty-eight, I visited and held councils with the various bands of
Ute Indians, at the times and places named in this instrument; and to all those familiar with the provisions of the treaty referred to have had the Senate amendment fully interpreted to them, and to all those not familiar with the treaty itself I have had the same fully explained and interpreted; and the forty-seven chiefs whose names are hereunto subscribed, placed their names to this instrument with the full knowledge of its contents and likewise with the provisions of the treaty itself.
Given under my hand at Denver, this fourteenth day of October, one thousand eight hundred and sixty-eight.
A. C. Hunt,
Governor, Ex-officio Superintendent Indian Affairs.
