enanting 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 and settlement.' 2 III. 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 consti tuted authorities of the people of New Mexico, is recognised 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 New Mexico. IV. The Navajo Indians hereby bind themselves to deliver to the military authority of the United States in New Mexico, at Santa Fe, 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. "T Laws now in force for regu lating trade and with the Indian preserving peace tribes to be bindvajoes. ing upon the Na The Navajoes to deliver to the military authori the murderer or mu derers of M. ties of the U. S. Garcia. and Mexican be military authori States by the 9th 1850; also all Indian V. All American and Mexican captives, and all stolen pro- All American perty taken from Americans or Mexicans, or other persons or captives to Powers in amity with the United States, shall be delivered by delivered to the the Navajo Indians to the aforesaid military authority at Jemez, ty of the United New Mexico, on or before the 9th day of October next en- October, suing, that justice may be meted out to all whom it may con- captives cern; 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. and stolen property to be given up. of friendly tribes or the Navajoes to be subjected te VI. 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 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 penalties of victed upon trial. the law, if con Free passage VII. The people of the United States of America shall have free and safe passage through the territory of the aforesaid In- through their ter Military posts be established. dians, under such rules and regulations as may be adopted by authority of the said States. VIII. In order to preserve tranquility, and to afford protecand agencies to tion 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 tradinghouses, at such time and in such places as the said Government may designate. Donations, presents, and implements to given. IX. 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. B X. For and in consideration of the faithful performance of be 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.. To be binding after being sign ceive a liberal construction. XI. This treaty shall be binding upon the contracting pared, and to re- ties 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. Signed September 9, 1849. 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. 8.] Brevet Lieutenant Colonel Commanding. JAMES S. CALHOUN, [L. S.] Indian Agent, residing at Santa Fe. Mariano Martinez, his x mark. [L. S.] Head Chief. Chapitone, his x mark. Second Chief. [L. S.] John Peck, Brevet Major U. S. A. J. F. Hammond, Assistant Surg'n U. S. A. J. H. Nones, Second Lieut. 2d Artillery. John H. Dickerson, Second Lieut. 1st Art. John G. Jones. J. H. Simpson, First Lieut. Corps Top. Engrs. Now, therefore, be it known, that I, MILLARD FILLMORE, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the ninth day of September, one thousand eight hundred and fifty, accept, ratify, and confirm the said treaty. In testimony whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand. Done at the city of Washington this twenty-fourth day of September, in the year of our Lord one thousand [L. s.] eight hundred and fifty, and of the independence of the United States of America the seventy-fifth. MILLARD FILLMORE. By the President: DANL. WEBSTER, Secretary of State. Ratified Sep tember 24, 1850. TREATY WITH THE WYANDOT INDIANS. Treaty with the Wyandots, 1, 1850. MILLARD FILLMORE, PRESIDENT OF THE UNITED STATES OF AMERICA: TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL Whereas, a treaty was made and concluded in the city of concluded April Washington, on the first day of April, one thousand eight hundred and fifty, by and between Ardavan S. Loughery, Commissioner especially appointed by the President of the United States, of the one part, and the undersigned, Head Chief and Deputies of the Wyandot Tribe of Indians, duly authorized and empowered to act for their tribe, of the other part; which treaty is in the words following, to wit: Preamble. Articles of a Convention concluded in the city of Washington, this first day of April one thousand eight hundred and fifty, by and between Ardavan S. Loughery, Commissioner especially appointed by the President of the United States, and the undersigned, Head Chief and Deputies of the Wyandot Tribe of Indians, duly authorized and empowered to act for their tribe. [Whereas the people composing the Wyandot tribe or nation of Indians, have manifested an anxious desire to extinguish their tribal or national character and become citizens of the United States-believing their condition will, thereby, not only be ameliorated, but their welfare and prosperity greatly promoted. They have arrived at this conviction in view of the fact that a new territory will, at no distant period, be organized by the Government of the United States, which will embrace within its limits their present lands and possessions, and thus they will again be surrounded by citizens of the United States. After a full consultation with their people, and upon mature reflection, the undersigned, representatives of the Wyandot nation, entertain the belief, that the evil effects always to be apprehended from such a state of things, will be avoided by their becoming citizens of the United States, and having the lands and other property accruing under treaty stipulations, now held in common by their people, fairly and equally divided among the individual owners, and secured to them in severalty: And whereas, by the first article of the treaty concluded between the United States and the Wyandot nation or tribe of Indians, on the 17th day of March one thousand eight hundred and forty-two, the said nation ceded and relinquished to the United States, all the lands and possessions owned or claim ed by them, within the limits of the States of Ohio and Michigan-in consideration of which cession, the United States, by the second article of the treaty aforesaid, stipulate and agree to "grant to the Wyandot nation a tract of land west of the Mississippi river, to contain one hundred and forty-eight thousand acres and to be located upon any lands owned by the United States, now set apart, or may in future set apart, for Indian use, and not already assigned to any other tribe or nation." And in further consideration of the aforesaid cession by the Wyandot nation, the United States by the third and succeeding articles of said treaty, agree to pay the Wyandot nation a perpetual annuity of seventeen thousand five hundred dollars ($17,500) in specie," besides making other provision for the benefit of said nation, as follows: Blacksmith and assistant, $750-iron and steel for shop, $270-and for education purposes, $500-all of which to be furnished and paid annually. It being expressly stipulated in the third article of the treaty before mentioned, that the annuity of seventeen thousand five hundred dollars, should include all former annuities." And, whereas, the Wyandot tribe of Indians were not put in possession of the one hundred and forty-eight thousand acres of land, as stipulated in the second article of the treaty aforesaid; and they aver that in consequence of the United States having failed to comply with that stipulation, by not designating and conveying to them a country fit for farming purposes and suited to their wants, they were compelled to purchase a home, of which they were then destitute, from another tribe of Indians. Accordingly on the fourteenth day of December, one thousand. eight hundred and forty-three, they entered into a contract with the Delaware nation of Indians, by which they purchased of the last-mentioned nation, a tract of land containing thirtysix sections, (or twenty-three thousand and forty acres,) and had granted to them, as a donation, three sections, (or nineteen hundred and twenty acres,) in addition, as set forth in the 1st and. 2d articles of said contract or treaty, wherein these two tracts or sections of land are described as follows: "Three sections of land, containing six hundred and forty acres each, lying and being situated at the point of the junction of the Missouri and Kansas rivers" and the "thirty-six sections of land, each containing 640 acres, situated between the aforesaid Missouri and Kansas rivers, and adjoining on the west the aforesaid three donated sections, making in all, thirty-nine sections of land, bounded as follows, viz: Commencing at the point at the junction of the aforesaid Missouri and Kansas rivers, running west along the Kansas river sufficiently far to include the aforesaid thirty-nine sections; thence running north to the Missouri river; thence down the said river with its meanders to the place of beginning; to be surveyed in as near a square form as the rivers and territory ceded will admit of." And, whereas, this said contract or treaty was ratified and confirmed by the United States, by a joint resolution of Congress, approved July 25, 1848; and which contains only the |