Treaty with The Ute
March 2, 1868
Articles of a treaty and agreement made and entered into
at Washington City, D. C., on the second day of March, one
thousand eight hundred and sixty-eight, by and between Nathaniel
G. Taylor, Commissioner of Indian Affairs, Alexander C. Hunt,
governor of Colorado Territory and ex-officio superintendent
of Indian affairs, and Kit Carson, duly authorized to represent
the United States, of the one part, and the representatives
of the Tabaquache, Muache, Capote, Weeminuche, Yampa, Grand
River, and Uintah bands of Ute Indians, (whose names are hereto
subscribed,) duly authorized and empowered to act for the
body of the people of said bands, of the other part, witness:
Article 1.
All of the provisions of the treaty concluded with the Tabequache
band of Utah Indians October seventh, one thousand eight hundred
and sixty-three, as amended by the Senate of the United States
and proclaimed December fourteenth, one thousand eight hundred
and sixty-four, which are not inconsistent with the provisions
of this treaty, as hereinafter provided, are hereby re-affirmed
and declared to be applicable and to continue in force as
well to the other bands, respectively, parties to this treaty,
as to the Tabequache band of Utah Indians.
Article 2.
The United States agree that the following district of country,
to wit: Commencing at that point on the southern boundary-line
of the Territory of Colorado where the meridian of longitude
107° west from Greenwich crosses the same; running thence
north with said meridian to a point fifteen miles due north
of where said meridian intersects the fortieth parallel of
north latitude; thence due west to the western boundary-line
of said Territory; thence south with said western boundary-line
of said Territory to the southern boundary-line of said Territory;
thence east with said southern boundary-line to the place
of beginning, shall be, and the same is hereby, set apart
for the absolute and undisturbed use and occupation of the
Indians herein named, and for such other friendly tribes or
individual Indians as from time to time they may be willing,
with the consent of the United States, to admit among them;
and the United States now solemnly agree that no persons,
except those herein authorized so to do, and except such officers,
agents, and employés of the Government as may be authorized
to enter upon Indian reservations in discharge of duties enjoined
by law shall ever be permitted to pass over, settle upon,
or reside in the Territory described in this article, excepts
as herein otherwise provided.
Article 3.
It is further agreed by the Indians, parties hereto, that
henceforth they will and do hereby relinquish all claims and
rights in and to any portion of the United States or Territories,
except such as are embraced in the limits defined in the preceding
article.
Article 4.
The United States agree to establish two agencies on the
reservation provided for in article two, one for the Grand
River, Yampa, and Uintah bands, on White River, and the other
for the Tabequache, Muache, Weeminuche, and Capote bands,
on the Rio de los Pinos, on the reservation, and at its own
proper expense to construct at each of said agencies a warehouse,
or store-room, for the use of the agent in storing goods belonging
to the Indians, to cost not exceeding fifteen hundred dollars;
an agency-building for the residence of the agent, to cost
not exceeding three thousand dollars; and four other buildings
for a carpenter, farmer, blacksmith, and miller, each to cost
not exceeding two thousand dollars; also a school-house or
mission-building, so soon as a sufficient number of children
can be induced by the agent to attend school, which shall
not cost exceeding five thousand dollars.
The United States agree, further, to cause to be erected on
said reservation, and near to each agency herein authorized,
respectively, a good water-power saw-mill, with a grist-mill
and a shingle-machine attached, the same to cost not exceeding
eight thousand dollars each: Provided, The same shall not
be erected until such time as the Secretary of the Interior
may think it necessary to the wants of the Indians.
Article 5.
The United States agree that the agents for said Indians,
in the future, shall make their homes at the agency-buildings;
that they shall reside among the Indians, and keep an office
open at all times for the purpose of prompt and diligent inquiry
into such matters of complaint by and against the Indians,
as may be presented for investigation under the provisions
of their treaty stipulations, as also for the faithful discharge
of other duties enjoined on them by law. In all cases of depredation
on person or property they shall cause the evidence to be
taken in writing and forwarded, together with their finding,
to the Commissioner of Indian Affairs, whose decision, subject
to the revision of the Secretary of the Interior, shall be
binding on the parties to this treaty.
Article 6.
If bad men among the whites or among other people, subject
to the authority of the United States, shall commit any wrong
upon the person or property of the Indians, the United States
will, upon proof made to the agent and forwarded to the Commissioner
of Indian Affairs at Washington City, proceed at once to cause
the offender to be arrested and punished according to the
laws of the United States, and also re-imburse the injured
person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation
upon the person or property of any one, white, black, or Indian,
subject to the authority of the United States and at peace
therewith, the tribes herein named solemnly agree that they
will, on proof made to their agent and notice to him, deliver
up the wrong-doer to the United States, to be tried and punished
according to its laws, and in case they wilfully refuse so
to do, the person injured shall be re-imbursed for his loss
from the annuities or other moneys due or to become due to
them under this or other treaties made with the United States.
Article 7.
If any individual belonging to said tribe of Indians or legally
incorporated with them, being the head of a family, shall
desire to commence farming, he shall have the privilege to
select, in the presence and with the assistance of the agent
then in charge, by metes and bounds, a tract of land within
said reservation not exceeding one hundred and sixty acres
in extent, which tract, when so selected, certified, and recorded
in the land-book, as herein directed, shall cease to be held
in common, but the same may be occupied and held in exclusive
possession of the person selecting it and his family so long
as he or they may continue to cultivate it. Any person over
eighteen years of age, not being the head of a family may,
in like manner, select and cause to be certified to him or
her for purposes of cultivation, a quantity of land not exceeding
eighty acres in extent, and thereupon be entitled to the exclusive
possession of the same as above directed.
For each tract of land so selected a certificate containing
a description thereof, and the name of the person selecting
it, with a certificate endorsed thereon that the same has
been recorded, shall be delivered to the party entitled to
it, by the agent, after the same shall have been recorded
by him in a book to be kept in his office, subject to inspection,
which said book shall be known as the "Ute Land-Book."
The President may at any time order a survey of the reservation;
and when so surveyed Congress shall provide for protecting
the rights of such Indian settlers in their improvements,
and may fix the character of the title held by each.
The United States may pass such laws on the subject of alienation
and descent of property, and on all subjects connected with
the government of the Indians on said reservation and the
internal police thereof as may be thought proper.
Article 8.
In order to insure the civilization of the bands entering
into this treaty, the necessity of education is admitted,
especially by such of them as are or may be engaged in either
pastoral, agricultural, or other peaceful pursuits of civilized
life on said reservation, and they therefore pledge themselves
to induce their children, male and female, between the age[s]
of seven and eighteen years, to attend school; and it is hereby
made the duty of the agent for said Indians to see that this
stipulation is complied with to the greatest possible extent;
and the United States agree that for every thirty children
between said ages who can be induced to attend school a house
shall be provided, and a teacher competent to teach the elementary
branches of an English education shall be furnished, who will
reside among said Indians, and faithfully discharge his or
her duties as teacher, the provisions of this article to continue
for not less than twenty years.
Article 9.
When the head of a family or lodge shall have selected lands,
and received his certificate as above described, and the agent
shall be satisfied that he intends, in good faith, to commence
cultivating the soil for a living, he shall be entitled to
receive seeds and agricultural implements for the first year,
not exceeding in value one hundred dollars, and for each succeeding
year he shall continue to farm, for a period of three years
more, he shall be entitled to receive seeds and implements
as aforesaid, not exceeding in value fifty dollars; and it
is further stipulated that such persons as commence farming
shall receive instructions from the farmer herein provided
for; and it is further stipulated that an additional blacksmith
to the one provided for in the treaty of October seventh,
one thousand eight hundred and sixty-three, referred to in
article one of this treaty, shall be provided with such iron,
steel, and other material as may be needed for the Uintah,
Yampa, and Grand River agency.
Article 10.
At any time after ten years from the making of this treaty,
the United States shall have the privilege of withdrawing
the farmers, blacksmiths, carpenters, and millers herein,
and in the treaty of October seventh, one thousand eight hundred
and sixty-three, referred to in article one of this treaty,
provided for, but in case of such withdrawal, an additional
sum thereafter of ten thousand dollars per annum shall be
devoted to the education of said Indians, and the Commissioner
of Indian Affairs shall, upon careful inquiry into their condition,
make such rules and regulations, subject to the approval of
the Secretary of the Interior, for the expenditure of said
sum as will best promote the educational and moral improvement
of said Indians.
Article 11.
That a sum, sufficient in the discretion of Congress, for
the absolute wants of said Indians, but not to exceed thirty
thousand dollars per annum, for thirty years, shall be expended,
under the direction of the Secretary of the Interior for clothing,
blankets, and such other articles of utility as he may think
proper and necessary upon full official reports of the condition
and wants of said Indians.
Article 12.
That an additional sum sufficient, in the discretion of Congress,
(but not to exceed thirty thousand dollars per annum,) to
supply the wants of said Indians for food, shall be annually
expended under the direction of the Secretary of the Interior,
in supplying said Indians with beef, mutton, wheat, flour,
beans, and potatoes, until such time as said Indians shall
be found to be capable of sustaining themselves.
Article 13.
That for the purpose of inducing said Indians to adopt habits
of civilized life and become self-sustaining, the sum of forty-five
thousand dollars, for the first year, shall be expended, under
the direction of the Secretary of the Interior, in providing
each lodge or head of a family in said confederated bands
with one gentle American cow, as distinguished from the ordinary
Mexican or Texas breed, and five head of sheep.
Article 14.
The said confederated bands agree that whensoever, in the
opinion of the President of the United States, the public
interest may require it, that all roads, highways, and railroads,
authorized by law, shall have the right of way through the
reservations herein designated.
Article 15.
The United States hereby agree to furnish the Indians the
teachers, carpenters, millers, farmers, and blacksmiths, as
herein contemplated, and that such appropriations shall be
made from time to time, on the estimates of the Secretary
of the Interior, as will be sufficient to employ such persons.
Article 16.
No treaty for the cession of any portion or part of the reservation
herein described, which may be held in common, shall be of
any validity or force as against the said Indians, unless
executed and signed by at least three-fourths of all the adult
male Indians occupying or interested in the same; and no cession
by the tribe shall be understood or construed in such manner
as to deprive, without his consent, any individual member
of the tribe of his right to any tract of land selected by
him, as provided in article seven of this treaty.
Article 17.
All appropriations now made, or to be hereafter made, as
well as goods and stock due these Indians under existing treaties,
shall apply as if this treaty had not been made, and be divided
proportionately among the seven bands named in this treaty,
as also shall all annuities and allowances hereafter to be
made: Provided, That if any chief of either of the confederated
bands make war against the people of the United States, or
in any manner violate this treaty in any essential part, said
chief shall forfeit his position as chief and all rights to
any of the benefits of this treaty: But provided further,
Any Indian of either of these confederated bands who shall
remain at peace, and abide by the terms of this treaty in
all its essentials, shall be entitled to its benefits and
provisions, notwithstanding his particular chief and band
may have forfeited their rights thereto.
In testimony whereof, the commissioners as aforesaid on the
part of the United States, and the undersigned representatives
of the Tabequache, Muache, Capote, Weeminuche, Yampa, Grand
River and Uintah bands of Ute Indians, duly authorized and
empowered to act for the body of the people of said bands,
have hereunto set their hands and seals, at the place and
on the day, month and year first hereinbefore written.
- N. G. Taylor, [SEAL.]
- A. C. Hunt, governor, &c., [SEAL.]
- Kit Carson, [SEAL.]
- Commissioners on the part of the United States.
-
- U-re, his x mark.
- Ka-ni-ache, his x mark.
- An-ka-tosh, his x mark.
- Jose-Maria, his x mark.
- Ni-ca-a-gat, or Greenleaf, his x mark.
- Guero, his x mark.
- Pa-ant, his x mark.
- Pi-ah, his x mark.
- Su-vi-ap, his x mark.
- Pa-bu-sat, his x mark.
Witnesses:
- Daniel C. Oakes, United States Indian agent.
- Lafayette Head, United States Indian agent.
- U. M. Curtis, interpreter.
- H. P. Bennet.
- Albert G. Boone.
- E. H. Kellogg.
- Wm. J. Godfroy.
We, the chiefs and headmen of the aforesaid named bands of
Ute Indians, duly authorized by our people, do hereby assent
and agree to the amendment of the Senate, the same having
been interpreted to us, and being fully understood by us.
Witness our hands and seals on the days and dates set opposite
our names respectively.
Date of signing |
Signatures |
Interpretation of Names |
Band |
August 15 1868 |
Sac-we-och, his x mark |
White Lock of Hair |
Grand River Ute Indians |
|
Tah-nach, his x mark |
Granite Rock |
Grand River Ute Indians |
|
Pah-ah-pitch, his x mark |
Sweet Herb |
Grand River Ute Indians |
|
Tab-y-ou-souck-en, his x mark |
Sun Rise |
Grand River Ute Indians |
|
Shou-wach-a-wicket, his x mark |
Rain Bow |
Grand River Ute Indians |
|
Pe-ah, his x mark |
Black Tail Deer |
Uintah Ute Indians |
|
Ah-ump, his x mark |
Pine Tree |
Uintah Ute Indians |
|
An-tro, his x mark |
Rocking
|
Uintah Ute Indians |
|
Pah, his x mark |
Water |
Uintah Ute Indians |
|
Quir-nauch, his x mark |
Eagle |
Uintah Ute Indians |
|
Yah-mah-na, his x mark |
Briar |
Uintah Ute Indians |
Signed in the presence of-
- A. Sagendorf.
- Uriah M. Curtis, special interpreter.
- E. H. Kellogg, secretary Colorado Indian superintendency.
- Daniel C. Oakes, United States Indian agent.
- Louis O. Howell.
Date of signing |
Signatures |
Interpretation of Names |
Band |
September 1 |
Sa-wa-wat-se-witch, his x mark |
Blue River |
Yampas |
|
Colorado, his x mark |
Red. (Spanish.) |
Yampas |
|
Pa-ant, his x mark |
Tall |
Yampas |
|
Su-ri-ap, his x mark |
Lodge Pole's Son |
Yampas |
|
Nick-a-a-gah, his x mark |
Green Leaf |
Yampas |
Signed in the presence of-
- E. H. Kellogg, secretary Indian superintendency Colorado Territory.
- U. M. Curtis, special United States interpreter.
- Daniel C. Oakes, United States Indian agent.
- H. P. Bennet.
- Louis O. Howell.
Date of signing |
Signatures |
Interpretation of names |
Band |
September 14 |
Ou-ray, his x mark |
Arrow |
Muaches |
|
Sha-wa-na, his x mark |
Blue Flower |
Muaches |
|
Guero, his x mark |
Light Haired |
Muaches |
|
Tah-be-wah-che-kah, his x mark |
Sun Rise |
Muaches |
|
Ah-kan-ash, his x mark |
Red Cloud |
Muaches |
|
Ka-ni-ache, his x mark |
One who was taken down |
Tabaguaches |
|
An-ka-tosh, his x mark |
Red. (Ute.)
|
Tabaguaches |
|
Sap-po-wan-e-ri, his x mark |
|
Tabaguaches |
|
Tu-sa-sa-ri-be, his x mark |
|
Tabaguaches |
|
Na-ca-get, his x mark |
|
Tabaguaches |
|
Ya-ma-aj, his x mark |
Son to Tu-sa-sa-ri-be or George. |
Tabaguaches |
Signed in the presence of -
- Wm. J. Godfroy.
- Daniel C. Oakes, United States Indian agent.
- Edward R. Harris, special interpreter.
- E. H. Kellogg, secretary Colorado Indian superintendency.
- Louis O. Howell.
- Uriah M. Curtis, interpreter.
To the other copy of these instruments are signed as witnesses
the following names: Juan Martine Martines, (friend of Indians,)
Albert H. Pfeiffer, (their old agent,) Manuel Lusero.
Date of signing |
Signatures |
Interpretation of names |
Band |
September 24 |
- So-bo-ta, his x mark.
- I-si-dro, his x mark.
|
A Big Frock |
|
|
Sow-wa-ch-wiche, his x mark |
A Green Herb |
|
|
Ba-bu-zat, his x mark |
A Crystal Drop Water |
|
|
Sab-ou-ichie, his x mark |
Wounded in the Abdomen |
Ca-po-tas Utes |
|
- Chu-i-wish, his x mark.
- I-ta-li-uh, his x mark
|
Long Tailed Deer |
Ca-po-tas Utes |
|
E-ri-at-ow-up, his x mark. |
Water Carrier.Utes |
Ca-po-tas Utes |
|
Aa-ca-wa, his x mark |
Red Eyes |
Ca-po-tas Utes |
|
Ac-i-apo-co-ego, his x mark |
Red Snake |
Ca-po-tas Utes |
|
Martine, his x mark |
Named after a Mexican friend |
Ca-po-tas Utes |
|
- Ou-a-chee, his x mark.
- Tap-ap-o-watie, his x mark.
- Su-vi-ath, his x mark.
- Wi-ar-ow, his x mark.
|
The Swoop of a Bird |
|
Signed in the presence of-
- Lafayette Head.
- Alb. H. Pfeiffer.
- Manuel Lusero.
- E. H. Kellogg, secretary Colorado Indian superintendency.
- Uriah M. Curtis, interpreter.
- Daniel C. Oakes, United States Indian agent.
Date of signing |
Signatures |
Interpretation of names |
Band |
September 25 |
Pa-ja-cho-pe, his x mark |
A Claw |
We-mi-nuches Utes |
|
Pa-no-ar, his x mark |
Broad Brow |
We-mi-nuches Utes |
|
Su-bi-to-au, his x mark |
Ugly Man |
We-mi-nuches Utes |
|
Te-sa-ga-ra-pou-it, his x mark |
White Eyes |
We-mi-nuches Utes |
|
Sa-po-eu-a-wa, his x mark |
Big Belly |
We-mi-nuches Utes |
|
Qu-er-a-ta, his x mark |
A Bear |
We-mi-nuches Utes |
Signed in the presence of-
- Lafayette Head.
- Manuel Lusero.
- Alb. H. Pfeiffer.
- E. H. Kellogg, secretary Colorado Indian superintendency.
- Juan Martine Martines, interpreter and Indian's friend.
- Daniel C. Oakes, United States Indian agent.
- Uriah M. Curtis, interpreter.
I hereby certify that, pursuant to the order from the Commissioner
of Indian Affairs, dated August fourth, one thousand eight
hundred and sixty-eight, I visited and held councils with
the various bands of Ute Indians, at the times and places
named in this instrument; and to all those familiar with the
provisions of the treaty referred to have had the Senate amendment
fully interpreted to them, and to all those not familiar with
the treaty itself I have had the same fully explained and
interpreted; and the forty-seven chiefs whose names are hereunto
subscribed, placed their names to this instrument with the
full knowledge of its contents and likewise with the provisions
of the treaty itself.
Given under my hand at Denver, this fourteenth day of October,
one thousand eight hundred and sixty-eight.
- A. C. Hunt, Governor, Ex-officio Superintendent Indian Affairs.
Don't forget to check out our Native American Jewelry and Turquoise Jewelry.
|