Treaty with The Utah
December 30, 1849
THE following articles have been duly considered and solemnly
adopted by the undersigned, that is to say, James S. Calhoun,
Indian agent, residing at Santa Fé, acting as commissioner
in the part of the United States of America, and Quixiachigiate,
Nanito, Nincocunachi, Abaganixe, Ramahi, Subleta, Rupallachi,
Saguasoxego, Paguisachi, Cobaxanor, Amuche, Puigniachi, Panachi,
Sichuga, Uvicaxinape, Cuchuticay, Nachitope, Nachitope, Pueguate,
Guano Juas, Pacachi, Saguanchi, Acaguate nochi, Puibuquiacte,
Quixache tuate, Saxiabe, Pichiute, Nochichigue, Uvive, principal
and subordinate chiefs, representing the Utah trine of Indians.
The Utah tribe of Indians do hereby acknowledge and declare
they are lawfully and exclusively under the jurisdiction of
the Government of said States: and to its power and authority
they now unconditionally submit.
From and after the signing of this treaty, hostilities between
the contracting parties shall cease, and perpetual peace and
amity shall exist, the said tribe 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 enmity with the people
or Government of said States; and that, they will, in all
future time, treat honestly and humanely every citizen of
the United States, and all persons and powers at peace with
the said States, and all cases of aggression against the said
Utahs shall be referred to the aforesaid Government for adjustment
All American and Mexican captives, and others, taken from
persons or powers at peace with the said States shall be restored
and delivered by said Utahs to an authorized officer or agent
of said States, at Abiquin, on or before the first day of
March, in the year of our Lord one thousand eight hundred
and fifty. And, in like manner, all stolen property, of every
description, shall be restored by or before the aforesaid
first day of March, 1850. In the event such stolen property
shall have been consumed or destroyed, the said Utah Indians
do agree and are hereby bound to make such restitution and
under such circumstances as the Government of the United States
May order and prescribe. But this article is not to be so
construed or understood, as to create a claim against said
States, for any losses or depredations committed by said Utahs.
The contracting parties agree that the laws now in force,
and such others as may be passed, regulating the trade and
intercourse, and for the preservation of peace with the various
tribes of Indians under the protection and guardianship of
the Government of the United States, shall be as binding and
obligatory upon the said Utahs as if said laws had been enacted
for their sole benefit and protection. And that said laws
may be duly executed, and for all other useful purposes, the
territory occupied by the Utahs is hereby annexed to New Mexico
as now organized or as it may be organized or until the Government
of the United States shall otherwise order.
The people of the United States, and all others in amity
with the United States, shall have free passage through the
territory of said Utahs, under such rules and regulations
as may be adopted by authority of 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 will establish such military
posts and agencies, and authorize such trading-houses, at
such time and in such places as the said Government may designate.
Relying confidently upon the justice and liberality of the
United States, and anxious to remove every possible cause
that might disturb their peace and quiet, it is agreed by
the Utahs that the aforesaid Government shall, at its earliest
convenience, designate, settle, and adjust their territorial
boundaries, and pass and execute such laws, in their territory,
as the Government of said States may deem conducive to the
happiness and prosperity of said Indians. And the said Utahs,
further, bind themselves not to depart from their accustomed
homes or localities unless specially permitted by an agent
of the aforesaid Government; and so soon as their boundaries
are distinctly defined, the said Utahs are further bound to
confine themselves to said limits, under pueblos, or to settle
in such other manner as will enable them most successfully
to cultivate the soil, and pursue such other industrial pursuits
as will best promote their happiness and prosperity: and they
now deliberately and considerately, pledge their existence
as a distinct tribe, to abstain, for all time to come, from
all depredations; to cease the roving and rambling habits
which have hitherto marked them as a people; to confine themselves
strictly to the limits which may be assigned them; and to
support themselves by their own `industry, aided and directed
as it may be by the wisdom, justice, and humanity of the American
For, and in consideration of the faithful performance of
all the stipulations contained in this treaty by the said
Utahs, 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.
This treaty shall be binding upon the contracting parties
from and after the signing of the same, subject, in the first
place, to the approval of the civil and military governor
of New Mexico, and to such other modifications, amendments,
and orders as may be adopted by the Government of the United
In faith whereof, the undersigned have signed this treaty,
and affixed thereunto their seals, at Abiquin, in New Mexico,
this the thirtieth day of December, in the year of out Lord
one thousand eight hundred and forty-nine.
- James S. Calhoun, [L. S.] Indian Agent, Commissioner, U. S.
- Quixiachigiate, his x mark, [L. S.] Principal Chief.
- Nanito, his x mark, [L. S.]
- Nincocunachi, his x mark, [L. S.]
- A baganixe, his x mark, [L. S.]
- Ramahi, his x mark, [L. S.]
- Subleta, his x mark, [L. S.]
- Rupallachi, his x mark, [L. S.]
- Saguasoxego, his x mark, [L. S.]
- Paguishachi, his x mark, [L. S.]
- Cobaxanor, his x mark, [L. S.]
- Amuche, his x mark, [L. S.]
- Puigniachi, his x mark. [L. S.]
- Panachi, his x mark, [L. S.]
- Sichuga, his x mark, [L. S.]
- Uvicaxinape, his x mark, [L. S.]
- Cuchuticay, his x mark, [L. S.]
- Nachitope, his x mark, [L. S.]
- Nachitope, his x mark, [L. S.]
- Pueguate, his x mark, [L. S.]
- Guano Juas, his x mark, [L. S.]
- Pacachi, his x mark, [L. S.]
- Saguanchi, his x mark, [L. S.]
- A caguate his x mark, [L. S.]
- Puibuquiacte, his x mark, [L. S.]
- Quixache tuate, his x mark, [L. S.]
- Saxiabe his x mark, [L. S.]
- Pichiute, his x mark, [L. S.]
- Nochichigue, his x mark, [L. S.]
- Uvive, his x mark, [L. S.]
- Anto. Jesus Solosa,
- Franco Tomas Baco,
- Vicente Vilarde, his x mark, Interpreter.
- Antonio Leroux, Interpreter.
- James Conklin, Interpreter.
- J. H. Whittlesey, First Lieutenant First Dragoons.
- Edward M. Kern,
- George W. Martin,
- Wm. H. Mitchell.
- John Munroe,
- Brevet Colonel U. S. Army, Civil and Military Governor.
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