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tried, and, upon conviction, shall be subjected to all the penalties provi. ded by law for the protection of the persons and property of the people of the said States.,

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.

8. In order to preserve tranquillity, 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 designate.

9. Relying confidently upon the justice and the liberality of the aforesaid government, and anxious to remove any 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.

10. 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 and proper.

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 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,

Brut. Lt. Colonel Commanding, doc.
JAMES S. CALHOUN,
Indian Agent, residing at Santa Fe.

his
MARIANA X MARTINEZ, Head Chief.

mark

his
CHAPITONE, X Second Chief.

n.ark.
J. S. COLLINS.
JAMES CONKLIN.
LORENZO TOREY,

his
ANTONIO X SANDOVAL.

mark.

his FRANCISCO X SOETA, Gov. of Jemez.

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Witnesses:
H. L. KENDRICK, Breret Major U. S. Army.
J. N. WARD, Brevet 1st Lieutenant, Third Infantry.
John J. Peck, Brevet Major U. S. Army.
J. F HAMMOND, Assistant Surgeon U. S. Army.
H. S. DODGE, Captain Commanding Ent. Rgs.
RICHARD H. HERN.
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 Lieut nant Corps Top. Engineers.

SANTA FE, New Mexico,

October 1, 1849. SIR: You were advised by my note of the 15th of August last, that on the ensuing day we were to leave on an expedition against the Navajoes, with the intention of returning through the Utah country. Governor Washington was so obliging as to extend to me an invitation to accom: pany him, which was readily accepted. Our rendezvous was Jemez, an Indian pueblo, 57.47 miles from Santa Fe, as indicated by Major Kendrick's viameter, and in a direction nearly due west.

We marched from Jemez on the 22d of August for the cañon of Cheille, the capitol spot of the Navajo tribe of Indians, and by them supposed, or rather reported to be, entirely impracticable of approach by an American army. Passing over an exceedingly rugged country, checkered occasionally by beautiful, fertile, and extensive valleys, and encamping some. times where we could not obtain wood, water, or grass, we pitched our tents in a corufield in the cañon of Cheille, on the evening of the 6th day of September last, apparently to the utter amazement of several hundred Navajoes, who, during the evening, and until a treaty was concluded with them, continued to occupy the surrounding heights, dashing with great speed from point to point, evidently in great perturbation.

It is proper here to mention an incident that occurred on the east side of the mountain range from Cheille.

On the afternoon of the 30th of August we encamped near extensive cornfields belonging to the Navajoes, in the valley of Tunicha, where we were met by several hundreds of their tribe. They asked for permission to confer with the governor, which was conceded to the chiets. The governor frankly stated to them that his purpose was to chastise them for their bad conduct in committing murders and stealing horses, sheep, and everything else they could put their hands upon. The chiefs replied that lawless men were to be found everywhere; that such secreted themselves during the day, and prowled about at night; that their utmost vigilance had not rendered it possible for the chiefs and good men to apprehend the guilty, or to restrain the wicked; but that they were ready to make every possible restitution by returning an equal number of animals stolen, returning cer. tain captives, and delivering the murderer or murderers of Micento Garcia, to be dealt with as justice might decree. In short, they were ready to sub

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mit themselves and their interests to the authorities of the United States, as the best means of securing the prosperity and happiness of all concerned. A skeleton of a treaty, in substance the same as the treaty concluded at Cheille, was immediately submitted and thoroughly discussed and agreed to, and certain chiefs named to accompany us to Cheille, the residence, so far as he has one, of the head chief, and the seat of the supreme power the Navajo tribe of Indians. As an earnest of their intentions they delivered to us one hundred and thirty sheep, and some four or five mules and horses. This accomplished, orders were given to prepare to resume our march. In the mean time the Indians were all permitted to descend from the heights, and to occupy a level space, commencing within fifty paces of the governor's quarters. The actings and doings of the parties were duly explained to them by a long and noisy harangue from a Navajo. They were further informed that a certain horse, which was pointed out to them, was the property of a Pueblo Indian then present, and that the horse must be delivered to the proper owner at once. The fact of having stolen the horse was not denied; but a statute of limitation was suggested by the reply that the horse had been ridden back to the country from whence the animal was taken, and that that was the time to have claimed him; and ended by the inquiry, why he was not then claimed ? This conversation was reported to Governor Washington in the presence of several chiefs, who were distinctly notified by him that he required the immediate delivery of the horse. The chiefs, among them the senior chief on the east side of the beforementioned mountain range, left the governor's tent, as was supposed, to instruct their people what they should do. The governor, hav. ing waited a sufficient length of time without the return of a single chief, or any report from them, ordered a small detachment of the guard to proceed to the crowd, with instructions to the officer of the guard to demand the immediate surrender of the horse, and walked out in person to superintend the execution of the order. The demand not producing the de. sired effect, Lieutenant Pore, the officer of the guard, was directed by the governor to seize the horse and his rider, and to bring them before him. The moment the guard was ordered forward, every Navajo Indian in the crowd, supposed to number from three to four hundred, all mounted and armed, and, their arms in their hands, wheeled, and put spur to their horses; upon which, the governor ordered the guard to fire. The senior chief, Nar. bone, was left lifeless upon the ground, and several others were found dead in the vicinity. The Indians did not attempt to fire until their own and our forces were scattered, when feeble efforts to kill and cut off small parties were unsuccessfully made. Except the killing of a few horses, and the loss of a few mules, we sustained no injury. The distance from Santa Fe to Tunicha is 198.99 miles.

In pursuance of orders previously given, we marched during the after. noon of that day about six miles in the direction of Cheille, and encam ped adjoining cornfields belonging to Narbone, the chief killed at Tuuicha. During the same afternoon, and every day thereafter, on our march to Cheille, Indians of the tribe would come within hallooing distance, and renew expressions of their desire for peace, and of their intention to comply with the terms which their chiefs had agreed to. On the evening that we entered the cañon of Cheille we were again spoken to from the heights, when it was announced they were ready to comply with the governor's demands; and as the governor did not order a halt, they said the governor

He says

did not want peace, or why persist in going into the cañon? The governor ordered our Indians who were talking to the Navajoes to be silent, and we quietly entered the much-talked-of cañon, 284 miles from Santa Fe-rich in its valleys, rich in its fields of grain, and rich in its vegetables and peach orchards. Water at this season of the year may be had in any desirable quantity by digging a few feet, and wood in abundance-pine, juniper, and cedar-a few miles off. The quantity of water that runs through and under the surface of the cañon is immense; and in many places above Cheille there is a bold and continuous stream of pure water; but as it reaches the debouching point, the earth becomes quite porous, and the water sinks a few feet.

Early on the day after our arrival at Cheille, the head chief of the tribe, having ascertained by what process he could approach the governor, presented himself at headquarters, heard the demands of the governor, and, after a rather long talk, pledged himself to a compliance, and appointed the second day thereafter as the time to consummate the agreement. At the appointed time, the head chief, with the second, appeared, and announced their readiness and their full authority to redeem the pledge of the head chief, at the same time bringing forward 104 sheep, 4 mules and horses, and delivering 4 captives.

Merican captives delivered.-1st. Anto. Josea, about ten years old: taken from Jemez, where his parents now live, by the Navajo who delivered him. A flock of goats and sheep were stolen at the same time. he was well treated.

2. Teodosia Gonzales, twelve years of age: was taken, about six years ago, from a corral near the Rio Grande, where he supposes his parents now live. He was stolen while herding goats, but no effort was made to take the goats. He was well treated.

3d. Marceta, eighteen years of age: was taken from Socorro, and knows nothing of his parents, nor how long he has been a captive. He has evi. dently been a captive many years, as he has entirely forgotten his native tongue. The novelty of a home, as explained to him, seemed to excite nim somewhat.

4th. Josea Ignacio Anañe: became a prisoner seventeen years ago: taken when quite a boy, by a roving band of Navajoes, at Tuckolotoe. His parents then lived at Santa Fe, where he supposes they now reside. He is the fortunate possessor of two wives and three children, living at Mecina Gorda, (Big Oak,) north of Cheille two and a halt days' travel. He was originally sold to an Indian named Waro, to whom he yet belongs. I do not think he is under many restraints, for he prefers most decidedly to remain with the Navajoes, notwithstanding his peonage.

Subsequently, at Žunia, the Navajoes brought to us Manuel Lucina, taken from Del Mansiña, two years since, while herding sheep. The Indians took only such sheep as were needed at the moment. He is about fourteen years of age, and has been sold several times, and badly treated, by flogging, &c. His parents are said to be living near the place where he was stolen from. At the same time, a brother of Manuel's was taken; but he was returned last year.

These captives, except the one so fortunately married, have been placed in the hands of the friends and acquaintances of their parents.

The treaty, a copy of which I have already addressed to you, having been duly executed, on the 10th of September we marched for Zunia, a

distance of 106.17 miles, in a southeastern direction, instead of returning by way of the Utah country. Governor Washington, previons to marchi ing from Santa Fe, ordered about three hundred mounted troops into the Utah country, for the purpose of repressing disturbances, checking depredations, and to recover lost and stolen property. Two of the companies were ordered, if practicable, to effect a junction with the troops under the governor's immediate comniand before they reached Cheille. It is matter of regret that this could not be done. The governor, having no reliable information as to what had been done against the Utahs, and hearing (what was believed to be true, and which proved to be false) that the A paches had entered Zunia, killed a number of its inhabitants, and driven off a great many horses, mules, and sheep, changed the route of his return march, as before stated.

The pueblo of Zunia contains, in my opinion, more than five hundred Indians—a hardy, well-fed, and well-clothed race; and, their location being more than two hundred miles from Santa Fe, and one hundred and thirty miles from Albuquerque, on a good road in every respect, now growing into favor as the best route to California, are subjected to serious annoy. ances from Navajoes north and north west, and the Apaches south and southeast. But, what is shockingly discreditable to the American name, emigrants commit the grossest wrongs against these excellent Indians, by taking, in the name of the United States, such horses, mules, and sheep, and grain, as they desire, carefully concealing their true names, but assuning official authority and beariny. A wrong of this kind had been perpetrated a few days previous to our arrival there.

About the same time, the Navajoes descended from the mountains, and made an unsuccessiul attempt to drive off a number of sheep, &c. A baule ensued, and several Navajoes are said to have been wounded, and one, whose undried flesh was food for carrion crows as we passed his remains, was left dead on the field, within half a mile of the village. The inhab. itants of this pueblo gave us a hearty reception, manifesting their gratification in the most uproarious, wild, and indescribable manner, offering to us large quantities of fruit and bread-all of which was becomingly received.

Passing over a distance of 88.30 miles, wild in its mountains and canons, beautiful and rich in its extensive valleys, highlands, and lowlands, affording superior grazing, the purest and most delightful water, excellent pine timber, and a superabundant supply of the finest rock, (limestone,) and plaster of paris, for building purposes, we encamped in the valley of Laguna on the afternoon of the 19th instant, within view of the pueblo of that name, containing some four hundred inhabitants. The outrages committed against these Indians, by emigrants to California and others, are as frequent and as flagrant as those mentioned of Zunia. Indeed, the last outrage was of an infinitely more aggravated character. Near the hour of 12 m., the day not remembered, the valley was entered, and sheep and other things demanded; to which the governor of the village replied, no sheep could be furnished at that hour, as their flocks were regularly, every morning, sent off, that they might graze during the day. The emigrants, if such they were, assuming official importance, in their anger, threatened to lynch the alcalde, tied the governor, and in that condition carried him from his home, Laguna, to Zunia, the next pueblo west.

The distance between Laguna and Albuquerque is 46.84 miles. The road between the two places is good, water scarce and bad, with but little

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