Treaty with The Navaho
September 9, 1849
THE following acknowledgements, declarations, and stipulations
have been duly considered, and are now solemnly adopted and
proclaimed by the undersigned; that is to say, John M. Washington,
governor of New Mexico, and lieutenant-colonel commanding
the troops of the United States in New Mexico, and James S.
Calhoun, Indian agent, residing at Santa Fé, in New
Mexico, representing the United States of America, and Mariano
Martinez, head chief, and Chapitone, second chief, on the
part of the Navajo tribe of Indians:
The said Indians do hereby acknowledge that, by virtue of
a treaty entered into by the United States of America and
the United Mexican States, signed on the second day of February,
in the year of our Lord eighteen hundred and forty-eight,
at the city of Guadalupe Hidalgo, by N. P. Trist, of the first
part, and Luis G. Cuevas, Bernardo Couto, and Mgl Atristain,
of the second part, the said tribe was lawfully placed under
the exclusive jurisdiction and protection of the Government
of the said United States, and that they are now, and will
forever remain, under the aforesaid jurisdiction and protection.
That from and after the signing of this treaty, hostilities
between the contracting parties shall cease, and perpetual
peace and friendship shall exist; the said tribe hereby solemnly
covenanting that they will not 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 enmity with the people
of the said United States; that they will remain at peace,
and treat honestly and humanely all persons and powers at
peace with the said States; and all cases of aggression against
said Navajoes by citizens or others of the United States,
or by other persons or powers in amity with the said States,
shall be referred to the Government of said States for adjustment
The Government of the said States having the sole and exclusive
right of regulating the trade and intercourse with the said
Navajoes, it is agreed that the laws now in force regulating
the trade and intercourse, and for the preservation of peace
with the various tribes of Indians under the protection and
guardianship of the aforesaid Government, shall have the same
force and efficiency, and shall be as binding and as obligatory
upon the said Navajoes, and executed in the same manner, as
if said laws had been passed for their sole benefit and protection;
and to this end, and for all other useful purposes, the government
of New Mexico, as now organized, or as it may be by the Government
of the United States, or by the legally constituted authorities
of the people of New Mexico, is recognized and acknowledged
by the said Navajoes; and for the due enforcement of the aforesaid
laws, until the Government of the United States shall otherwise
order, the territory of the Navajoes is hereby annexed to
The Navajo Indians hereby bind themselves to deliver to the
Military authority of the United States in New Mexico, at
Sante Fé, New Mexico, as soon as he or they can be
apprehended, the murderer or murderers of Micente Garcia,
that said fugitive or fugitives from justice may be dealt
with as justice may decree.
All American and Mexican captives, and all stolen property
taken from Americans or Mexicans, or other persons or powers
in amity with the United States, shall be delivered by the
Navajo Indians to the aforesaid military authority at Jemez,
New Mexico, in or before the 9th day of October next ensuing,
that justice may be meted out to all whom it may concern;
and also all Indian captives and stolen property of such tribe
or tribes of Indians as shall enter into a similar reciprocal
treaty, shall, in like manner, and for the same purposes,
be turned over to an authorized officer or agent of the said
States by the aforesaid Navajoes.
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 Navajo Indian or Indians, he
or they shall be arrested and tried, and, upon conviction,
shall be subjected to all the penalties provided by law for
the protection of the persons and property of the people of
the said States.
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.
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 time and in such places as the said Government may
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 Navajoes 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.
For and in consideration of the faithful performance of all
the stipulations herein contained by the said Navajo 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
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 Navajo 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, in the valley of Cheille,
this the ninth day of September, in the year of our Lord one
thousand eight hundred and forty-nine.
- J. M. Washington, [L.S.] Brevet Lieutenant-Colonel Commanding.
- James S. Calhoun, [L.S.] Indian Agent, residing at Santa Fe.
- Mariano Martinez, Head Chief, his X mark, [L.S.]
- Chapitone, Second Chief, his X mark, [L.S.]
- J. L. Collins.
- James Conklin.
- Lorenze Force.
- Antonio Sandoval, his X mark,
- Francisco Josto, Governor of Jemez, his X mark.
- H. L. Kendrick, Brevet Major U. S. Army.
- J. N. Word, Brevet First Lieutenant Third Infantry.
- John Peck, Brevet Major U. S. Army.
- J. F. Hammond, Assistant Surgeon U. S. Army.
- H. L. Dodge, Captain commanding Eut. Regulars.
- Richard H. Kern.
- J. H. Nones, Second Lieutenant Second Artillery.
- Cyrus Choice.
- John H. Dickerson, Second Lieutenant First Artillery.
- W. E. Love.
- John G. Jones.
- J. H. Simpson, First Lieutenant Corps Topographic Engineers.
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