PEACE TREATY WITH THE NAVAJOS

ARIZONA THE PEOPLE HIGHWAYS LEGEND

PEACE TREATY WITH THE NAVAJOS 2 THE INDESTRUCTIBLES 8 DELANO BEAUTY IN NAVAJOLAND 14 MOTHER EARTH 36

JACK WILLIAMS Governor of Arizona ARIZONA HIGHWAY COMMISSION

Forrest C. Braden, Chairman Yuma Bus Mead, Vice-Chairman Winslow Ed C. Locklear, Member Prescott Peter B. Wilharm, Member Benson Dan C. McKinney, Member Tucson Justin Herman, State Highway Director Phoenix William N. Price, State Highway Engineer Phoenix ARIZONA HIGHWAYS is published monthly by the Arizona Highway Department a few miles north of the confluence of the Gila and Salt in Arizona. Address: ARIZONA HIGHWAYS, 2039 W. Lewis Ave., Phoenix, Arizona 85009. $5.00 per year in U.S. and possessions; $6.00 elsewhere; 60 cents each. Second Class Postage paid at Phoenix, Arizona, under Act of March 3, 1879. Copyrighted 1968, by the Arizona Highway Department. All rights reserved.

FRONT COVER

"NAVAJO SHEPHERD CARRYING LAMB" BY STANLEY BATISSE. The Navajo artist was born at Fort Defiance, Arizona, in 1936. He went to school at Window Rock and after grammar school studied art under Martha Kenney at Gallup, New Mexico. As a youth he not only showed talent as a watercolorist but gave great promise as a pianist. Delicate use of color and the Navajo ceremonial symbols (fertility symbol shown here) add appeal to the artist's works. This original water color and those art creations of other Navajo artists shown on our cover pages this month are through the courtesy of the Read Mullan Gallery of Western Art in Phoenix.

OPPOSITE PAGE

HARRISON BEGAY, the Navajo artist whose colorful "Squaw Dance" is shown here, is considered one of today's outstanding Navajo artists, and perhaps the only Southwestern Indian artist making his living solely from his art. As a small boy he herded his family's sheep, as so many youngsters do today in remote parts of the big land. From the reservation (he was born in White Cone, Arizona, in 1917), he went to school at Fort Wingate and later was a student of Dorothy Dunn in Santa Fe, New Mexico, one of the great teachers of Indian artists. Begay says: "She did not want the Indians to be influenced by European or any other art, always encouraging her students to stick to traditional Indian expressions."

They call themselves Diné, "The People." They are the Navajo Indians, whose vast reservation occupies nearly nine million acres in Arizona alone, with lesser but very valuable acreage in southeastern Utah and northwestern New Mexico. Theirs is the largest Indian Reservation in the touching United States (about 25,000 square miles) and the largest in population (100,000). Navajoland is larger than West Virginia, and about as large as Connecticut, Delaware, Maryland, Massachusetts and Rhode Island combined.

One hundred years ago this summer the Navajos and the United States of America signed a formal treaty of peace, beginning what tribal leaders in this commemorative Centennial Year term the Century of Progress (1868-1968).

That century began with the Navajos in most pitiful condition victims of a bitter, scorched-earth policy to subdue them; victims of the terrible "Long Walk;" victims of four deplorable years of cruel confinement at Bosque Redondo in New Mexico, four long years of want, hardship and suffering.

The century just ending has seen much progress for The People, especially so in the last twenty-five years: self-government; sustained efforts to wipe out poverty (a grim specter that still casts a dark shadow over the land); concentrated efforts to eradicate illiteracy; expanding health and medical facilities and services; sorely needed water developments in an arid land; better roads and communication; increasing facilities to attract and serve tourists; and utilization of the vast mineral treasures discovered in what was once considered valueless wasteland (the Navajos have received $140,000,000 since 1935 in bonuses, leases and royalties from oil, gas and coal deposits).

The Navajo century just emerging (1968-2068) already wears a name: The Century of Achievement. The People, proud and courageous, will prove themselves as worthy and capable in the future as they have in the past... R.C.

COLOR CLASSICS FROM ARIZONA HIGHWAYS THIS ISSUE

35mm. slides in 2" mounts, 1 to 15 slides, 40c each; 16 to 49 slides, 35c each; 50 or more, 3 for $1.00. Catalog of previous slides issued available on request. Address: ARIZONA HIGHWAYS, 2039 West Lewis Avenue, Phoenix, Arizona 85009.

INA-27 Navajo Shepherd Carrying Lamb, cov. 1; INA-28 Navajo Squaw Dance, cov. 2; INA-29 Yeibichai, cov. 3; INA-30 Rounding Up the Colts, cov. 4; TC-222 Aerial View of Kingman, Arizona, p. 2; IN-159 Colorful Parade, p. 10; IN-160 Judging Prize Cattle, p. 10; AR-162 The Little Shepherdess, p. 15; AR-163 Arizona Sky, p. 16; AR-164 Navajos, p. 17; AR-165 Going to Town, p. 17; AR-166 Arizona Pastoral, p. 18; AR-167 Down Lukachukai Way, p. 18; AR-168 The Dreamer, p. 19; AR-169 Evening Cloud, p. 19; AR170 Day's End, p. 20-21; AR-171 Sunset Silhouette, p. 22; AR-172 Navajo Night, p. 22; AR-173 In Faraway Land, p. 23; AR-174 The Young Shepherdesses, p. 23; AR-175 Navajos in the Night, p. 24; AR-176 Navajo Camp, p. 24; AR-177 Orange Cloud, p. 25; AR178 Desert Thunderhead, p. 25; AR-179 The Little Shepherd, p. 26; IN-161 Navajo Tribal Council Building at Window Rock, p. 28; IN-162 Interior of Imposing Navajo Tribal Council Building, p. 28; IN-163 Navajo Arts and Crafts Guild at Window Rock, p. 31; IN164 In Monument Valley Navajo Tribal Park, p. 31; IN-165 Navajo Forest Products Industries, p. 35; IN-166 Green Room, p. 35; IN167 The Happy Navajo Rug Weaver, p. 38.

BY CHARLES FRANKLIN PARKER THE PEACE TREATY WITH THE NAVAJOS

From the Proceedings of May 28, 1868: SHERMAN: "The Commissioners are here now for the purpose of learning and knowing all about your condition and we wish to hear from you the truth and nothing but the truth. We have read in our books and learned from our officers that for many years whether right or wrong the Navajos have been at war with us, and that General Carleton had removed you here for the purpose of making you agriculturalists. With that view the Government of the United States gave you money and built this fort to protect you until you were able to protect yourselves. We find you have done a good deal of work here in making acequias, but we find you have no farms, no herds, and are now as poor as you were four years ago when the Government brought you here. That before we discuss what we are to do with you, we want to know what you have done in the past and what you think about your reservation."

BARBONCITO: "The bringing of us here has caused a great decrease of our numbers. Many of us have died, also a great number of our animals. Our grandfathers had no idea of living in any other country except our own and I do not think it right for us to do so, as we were never taught to. When the Navajos were first created, four mountains and four rivers were pointed out to us, inside of which we should live, that was to be our country... That our God when he was created gave us this piece of land and created it especially for us... This ground we were brought on is not productive; we plant but it does not yield... I think that this ground was never intended for us... We know how to irrigate and farm, still we cannot raise a crop here... my mouth is dry, and my head hangs in sorrow to see those around me who were at one time well off so poor now. Outside my own country we cannot raise a crop, but in it we can raise a crop almost anywhere... all said this ground was not intended for us; for that reason none of us have attempted to put in seed this year... It seems whatever we do here causes death... We have all declared that we do not want to stay here any longer. "If we are taken back to our own country we will call you our father and mother... All that you have heard now is the truth and is the opinion of the whole tribe. It appears to me that the General commands the whole thing as a god; I hope he will do all he can for the Indians; this hope goes in at my feet and out at my mouth now as if I was speaking to a spirit I wish you to tell me when you are going to take us to our own country."

SHERMAN: "I have listened to all you have said of your people and believe you have told us the truth. You are right, the world is big enough for all the people it contains and all should live at peace with their neighbors. All people love the country where they were born and raised, but the Navajos are very few indeed compared with all the people in the world; they are not more than seven leaves to all the leaves you have ever seen. Still we want to do to you what is right right to you and right to us as a people... We have got a map here which if Barboncito can understand I would like to show him a few points on it, shows him his own country, places inhabited by other Indians, the four mountains spoken of and old Fort Defiiance (Then follows the presentation of the idea of sending some of them to see the country in the then Indian Territory and to consider resettlement there and considering the alternative of returning them to their own country but upon a reservation smaller than that which they had occupied, including the heartland of the Navajo country and with well defined limits) Our proposition now is to send some of you at the Government expense to the Indian Territory south of Kansas, or if you want to go to your own country you will be sent, but not the whole of it, only a portion which must be well defined."

BARBONCITO: "I hope to God you will not ask me to go to any other country except my own. It might turn out to be another Bosque Redondo."

The signing of the treaty with the Navajos on June 1, 1868, at Fort Sumner (Bosque Redondo), New Mexico, was, in all probability, to prove to be the most expensive solution to a grand fiasco in dealing with Indian tribes ever entered into by the United States government. For a full century, the government of the United States has spent what has become a fabulous sum of money in meeting the obligations to the Navajos. For many of those years there was comparatively little that could be counted on the asset side. In recent years much has changed; today, with understanding, imagination and cooperation between governmental agencies and the Navajo Tribal Council more adequate solutions are being found to the timeridden problems.

The importance of this treaty of June 1, 1868, the eighth and final one negotiated with the Navajos, and the circumstances surrounding its conclusion were such as to cause Kluckhorn and Leighton to state in their book The Navaho, "Fort Sumner was a major calamity to The People; its full effects upon their imagination can hardly be conveyed to white readers. Even today (1945) it seems impossible for any Navaho of the older generation to talk for more than a few minutes on any subject without speaking of Fort Sumner. One can no more understand Navaho attitudes particularly toward white people without knowing of Fort Sumner than he can comprehend Southern attitudes without knowing of the Civil War."

It needs to be pointed out that, while the Fort Sumner experience was a calamity to the Navajos and a debacle of major magnitude to the United States government, the treaty of 1868 has been of lasting effect, and through modification, supplementation and implementation has served as a basis of all later negotiations for a century. Possibly some such experience was inherent to the finding of basic terms upon which a plan of endeavor involving all parties could evolve and serve. The provisions of this treaty still prevail, but are subject to continuous alteration, and as recently as mid-May of this year President Lyndon B. Johnson signed legislation "broadening authorization for the spending of oil and gas revenues" by the Navajo Tribal Council.

Perhaps the cost of meeting the provisions of this treaty by the United States government can never be considered too great in the light of both the treaty's long period of orderliness in the relationships established by it, and the circumstances which preceded its signing. The terribleness of the suffering endured by the Navajos; the bad judgment of the military command of the region; the troubled state of the Union; and the conflict enmeshed in partisan political involvements encountered over this issue all had a bearing on this matter. Since the importance of the Fort Sumner (or Bosque Redondo) experience is so well established, it becomes necessary to review the various events which led to final signing of the treaty on June 1, 1868. We must recognize primarily the fact, without appraising the numerous reasons and motives, that prior to the emergence of the events closely related to the Fort Sumner experience seven treaties had been negotiated previously with the Navajos by the United States. Admittedly the terms of those treaties had been broken, and the Navajos had continued to bring havoc upon the then advancing westward march of the white men, and the white man was an increasing menacing phalanx to the entire well-being of The People. Conflict was inevitable; two parties seeking control and use of the same territory will disagree. The white man was the invader and the Navajo the defender, against great odds, with mutuality of misunderstanding and treachery characterizing almost every confrontation.

The record of events of the five or six-year period surrounding the treaty signing is quite adequate to give reasonable appreciation to the many involvements, as well as a rationale for interpreting them. It appears that in 1862 the Navajo and Apaches took advantage of the pre-occupation of the military with matters pertaining to the Civil War to accelerate their marauding and engaged in a series of raids upon numerous settlements along the Rio Grande. These depredations were the flintstones, rubbed furiously by increasing tension, providing the spark igniting the fire that spread to the gigantic attempt, conceived by General James H. Carleton, to settle for all time the problems of the Navajos. Annoyed and harassed by these continuing outbreaks, it was decided by the government that the time for annihilation or subjection had come. A plan was devised early in 1863 that involved removing the Navajos to an area some 185 miles southwest of Santa Fe, New Mexico, not far removed from the eastern border of the Territory, known as the Bosque Redondo on Pecos River, and possibly move them on to the Indian Territory and then rid New Mexico and Arizona of them entirely.

In June, 1863, orders were issued sending forth a military detachment under command of Col. Kit Carson to subdue the Navajos, round them up at Fort Defiance and deliver them at Fort Sumner, newly established at the junction of the Pecos and Truchas as the center for dealing with the resettled Indians. July 20, 1863, was fixed as the date after which all Navajos would be considered hostile, and orders were repeatedly issued "to kill any male Indian capable of bearing arms." By the end of 1863, some 200 Navajos had been resettled at Bosque Redondo, but it was not until after Carson's army marched into Canyon de Chelly early in 1864 and in an engagement killed 23 Navajos, captured 34 more and accepted the surrender of an additional 200 that the Indians began to surrender in large numbers and the end of the Navajo wars was in view. Kit Carson set out on his mission, if not with relish, at least with determination. In a few months he was to rout some 7,000 Navajos from the desert, canyon and mountain fastnesses of the vast domain which they believed their own god-given habitat, gather them at Fort Defiance, and remove them to Fort Sumner for a four-year period of suffering, disenchantment and fatalistic despair.

TREATY

BETWEEN AND THE

THE UNITED STATES OF AMERICA NAVAJO TRIBE OF INDIANS. 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 Sumner, in the Territory of New Mexico, on the first day of June, in the year of our Lord one thousand eight hundred and sixty-eight, 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 following, to wit: Articles of a Treaty and Agreement made and entered into at Fort Sumner, New Mexico, on the first day of June, 1868, by and between the United States, represented by its Commissioners, Lieutenant General W. T. Sherman and Colonel Samuel F. Tappan, of the one part, and the Navajo nation or tribe of Indians, represented by their Chiefs and Headmen, duly authorized and empowered to act for the whole people of said nation or tribe, (the names of said Chiefs and Headmen being hereto subscribed,) of the other part, witness:

ARTICLE I.

From this day forward all war between the parties to this agreement shall forever cease. 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 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 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, on 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 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 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 whilst 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 Cañon 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 about 109° 30' west of Greenwich, provided it embraces the outlet of the Cañon-de-Chilly, which cañon is to be all included in this reservation, shall be, and the same is 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 authorized to do, and except such officers, soldiers, agents, and employés of the government, or of the Indians, as may be authorized to enter upon Indian reservations in discharge of duties imposed by law, or the orders 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, to cost not exceeding twenty-five hundred dollars; an agency building for the residence of the agent, not to cost exceeding three thousand dollars; a carpenter shop and blacksmith shop, not to cost exceeding one thou sand dollars each; and a school-house and chapel, so soon as a sufficient number of children can be induced to attend school, which shall not cost to exceed five thousand dollars.

ARTICLE IV.

The United States agrees that the agent for the Navajos shall make his home at 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 depre dation 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 on the parties to this treaty.

ARTICLE V.

If any individual belonging to said tribe, or legally incorporated with it, 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, a tract of land within said reservation, not exceeding one hundred and sixty acres inextent, 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 family, so long as he or they may choose to so occupy the same and in the exclusive possession of the 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 cultiva tion, 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 “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 the 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.In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as may be settled on said agricultural parts of this reservation, and they therefore pledge them selves to compel their children, male and female, between the ages of six and six teen 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 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 a teacher.

ARTICLE VI.

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 cer tificate as above directed, 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 two years, he shall be entitled to receive seeds and implements to the value of twenty-five dollars.

ARTICLE VIII.

In lieu of all sums of money 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 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 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.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 annually appro priated for a period of ten years, for each person who engages in farming or me chanical pursuits, to be used by the Commissioner of Indian Affairs in the pur chase 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 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 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: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 rail road not passing over their reservation as herein defined.3rd. That they will not attack any persons at home or travelling, 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, wagon roads, mail stations, or other works of utility or necessity which may be ordered or per mitted 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 com missioners to be appointed by the President for that purpose, one of said commis sioners to be a chief or head man of the tribe.

7th. They will make no opposition to the military posts or roads now estab lished, 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 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 pro vided for, the United States paying for their subsistence on a 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 one hundred and fifty thousand dollars appropriated or to be appropriated by the law, to shall be disbursed as follows, subject to any conditions provided by law, to reservation, say fifty thousand dollars.

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 used for subsisting 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 supervision and control 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 make no permanent settlement at any place adjoining the said reservation formerly called theirs, subject to except on the lands adjoining the said reservation formerly called theirs, subject to the modifications named in this treaty and the order of its department in which said reservations may be. With the understanding that the Indians shall leave the reservation herein described to return to their former settlements, they shall forfeit all the rights, privileges, and annuities conferred by this treaty, that if any Navajo Indian or Indians shall leave the same 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 apart for the exclusive use and occupation of the Indians, leading a nomadic life 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, eighteen hundred and sixty-eight, at Fort Sumner, in the Territory of New Mexico, set their hands and seals.

W. T. SHERMAN, Lt. Gen't, Indian Peace Commissioner.

S. F. TAPPAN, Indian Peace Commissioner.

BARBONCITO, Chief.

His x mark.

ARMIJO.

His x mark.

DELGADO.

His x mark.

MANUELITO. his x mark.

LARGO. his x mark.

HERRERO. his x mark.

CHIQUETO. his x mark.

MUERTO DE HOMBRE. his x mark.

HOMBRO.

His x mark.

NARBONO.

His x mark.

NARBONO SEGUNDO.

His x mark.

GANADO MUCHO.

his x mark.

Council.

RICO.

This x mark.

JUAN MARTIN.

This x mark.

SERGINTO.

This x mark.

GRANDE.

his x mark.

INOCENTE.

his x mark.

MUCHACHOS MUCHO.

This x mark.

CHIQUETO SEGUNDO.

This x mark.

CABELLO AMARILLO.

This x mark.

FRANCISCO.

his mark.

TORIVIO.

his mark.

DESDENDADO.

His mark.

JUAN.

His x mark.

GUERO.

His x mark.

JUGADORE.

his x mark.

CABASON.

his x mark.

BARBON SEGUNDO.

This x mark.

CABARES COLORADOS.

Attest: GEO. W. G. GETTY, Col. 37th Infy, Bt. Maj. Gew'l U. S. A.

B. S. ROBERTS, Bt. Brg. Gen'l U. S. A., Lt. Col. 3d Cav'y.

J. COOPER MCKEE, Bt. Lt. Col. Surgeon U. S. A.

THEO. H. DODD, U. S. Indian Ag't for Navajus.

CHAS. MCCLURE, Bt. Maj. and C. S. U.S. A.

JAMES F. WEEDS, Bt. Maj. and Asst. Surg. U. S. A.

J. C. SUTHERLAND, Interpreter.

WILLIAM VAUX, Chaplain U. S. A.

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 twentyfifth 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 Senate advise and consent to the ratification of the treaty between the United States and the Navajo Indians, concluded at Fort Sumner, New Mexico, on the first day of June, 1868.

Attest: GEO. C. GORHAM, Secretary, By W. J. MCDONALD, Chief Clerk.

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, and of the Independence of the United States of America the ninety-third.

[SEAL.] ANDREW JOHNSON.

By the President:

W. HUNTER,

Acting Secretary of State.