Treaty with The Apache
July 1, 1852
Articles of a treaty made and entered into at Santa Fe, New
Mexico, on the first day of July in the year of our Lord one thousand
eight hundred and fifty-two, by and between Col. E. V. Sumner, U.S.A.,
commanding the 9th Department and in charge of the executive office
of New Mexico, and John Greiner, Indian agent in and for the Territory
of New Mexico, and acting superintendent of Indian affairs of said
Territory, representing the United States, and Cuentas, Azules,
Blancito, Negrito, Capitan Simon, Capitan Vuelta, and Mangus Colorado,
chiefs, acting on the part of the Apache Nation of Indians, situate
and living within the limits of the United States.
Article 1.
Said nation or tribe of Indians through their authorized Chiefs
aforesaid do hereby acknowledge and declare that they are lawfully
and exclusively under the laws, jurisdiction, and government of
the United States of America, and to its power and authority they
do hereby submit.
Article 2.
From and after the signing of this Treaty hostilities between the
contracting parties shall forever cease, and perpetual peace and
amity shall forever exist between said Indians and the Government
and people of the United States; the said nation, or tribe of Indians,
hereby binding themselves most solemnly never to associate with
or give countenance or aid to any tribe or band of Indians, or other
persons or powers, who may be at any time at war or enmity with
the government or people of said United States.
Article 3.
Said nation, or tribe of Indians, do hereby bind themselves for
all future time to treat honestly and humanely all citizens of the
United States, with whom they have intercourse, as well as all persons
and powers, at peace with the said United States, who may be lawfully
among them, or with whom they may have any lawful intercourse.
Article 4.
All said nation, or tribe of Indians, hereby bind themselves to
refer all cases of aggression against themselves or their property
and territory, to the government of the United States for adjustment,
and to conform in all things to the laws, rules, and regulations
of said government in regard to the Indian tribes.
Article 5.
Said nation, or tribe of Indians, do hereby bind themselves for
all future time to desist and refrain from making any "incursions
within the Territory of Mexico" of a hostile or predatory character;
and that they will for the future refrain from taking and conveying
into captivity any of the people or citizens of Mexico, or the animals
or property of the people or government of Mexico; and that they
will, as soon as possible after the signing of this treaty, surrender
to their agent all captives now in their possession.
Article 6.
Should any citizen of the United States, or other person or persons
subject to the laws of the United States, murder, rob, or otherwise
maltreat any Apache Indian or Indians, he or they shall be arrested
and tried, and upon conviction, shall be subject to all the penalties
provided by law for the protection of the persons and property of
the people of the said States.
Article 7.
The people of the United States of America shall have free and
safe passage through the territory of the aforesaid Indians, under
such rules and regulations as may be adopted by authority of the
said States.
Article 8.
In order to preserve tranquility and to afford protection to all
the people and interests of the contracting parties, the government
of the United States of America will establish such military posts
and agencies, and authorize such trading houses at such times and
places as the said government may designate.
Article 9.
Relying confidently upon the justice and the liberality of the
aforesaid government, and anxious to remove every possible cause
that might disturb their peace and quiet, it is agreed by the aforesaid
Apache's that the government of the United States shall at its earliest
convenience designate, settle, and adjust their territorial boundaries,
and pass and execute in their territory such laws as may be deemed
conducive to the prosperity and happiness of said Indians.
Article 10.
For and in consideration of the faithful performance of all the
stipulations herein contained, by the said Apache's Indians, the
government of the United States will grant to said Indians such
donations, presents, and implements, and adopt such other liberal
and humane measures as said government may deem meet and proper.
Article 11.
This Treaty shall be binding upon the contracting parties from
and after the signing of the same, subject only to such modifications
and amendments as may be adopted by the government of the United
States; and, finally, this treaty is to receive a liberal construction,
at all times and in all places, to the end that the said Apache
Indians shall not be held responsible for the conduct of others,
and that the government of the United States shall so legislate
and act as to secure the permanent prosperity and happiness of said
Indians.
In faith whereof we the undersigned have signed this Treaty, and
affixed thereunto our Seals, at the City of Santa Fe, this the first
day of July in the year of our Lord one thousand eight hundred and
fifty-two.
- E. V. Summer, (Seal.)
- Bvt. Col. U.S.A. commanding Ninth Department In charge of Executive
Office of New Mexico.
- John Greiner, (Seal.)
- Act. Supt. Indian Affairs, New Mexico.
- Capitan Vuelta, his x mark (Seal.)
- Cuentas Azules, his x mark (Seal.)
- Blancito, his x mark (Seal.)
- Negrito, his x mark (Seal.)
- Capitan Simon, his x mark (Seal.)
- Mangus Colorado, his x mark (Seal.)
Witnesses:
- F. A. Cunningham,
- Paymaster, U.S.A.
- J. C. McFerran,
- 1st Lt. 3d Inf. Act. Ast. Adj. Gen.
- Caleb Sherman.
- Fred. Saynton.
- Chas. McDougall.
- Surgeon, U.S.A.
- S. M. Baird.
Witness to the signing of Mangus Colorado:
- John Pope,
- Bvt. Capt. T. E
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Native American Legends A-B