There is not to exceed 20,000 acres of agricultural land on the reserva. Mills and Indian employés.-None reported. School population, attendance, and support:-3 School population, as estimated in 1886......... Day-school accommodations.. Average attendance.... Months in session..... Cost to Government.... Twenty-five children from this agency sent to Good Shepherd School, Denver, Colo., cost per annum to the Government being.. 316 25 11 3 $202.75 $2,700.00 Missionary work.-None reported. SYNOPSIS OF TREATIES. Treaty with the Utah tribe of Indians, made at Abiquiu, N. Mex., December 30, 1849. The Utah Indians acknowledge themselves under the authority and jurisdiction of the United States. (Art. 1.) Hostilities between the contracting parties shall cease, and the Utah Indians promise to give no aid to any tribe or powers who may at any time be at enmity with the United States, and to treat honestly and humanely all citizens, and to refer all cases of aggression to the Government for adjustment and settlement. (Art. 2.) All American and Mexican captives and stolen property to be restored. (Art. 3.) The Utahs agree to accept the laws of the United States regulating trade and intercourse with the Indians. (Art. 4.) The people of the United States shall have free passage through the territory of said Utahs. (Art. 5.) The Government to establish such military posts and agencies, and to authorize such trading houses, as it may deem best. (Art. 6.) The Government shall designate, adjust, and settle the territorial boundaries of the Utahs, and the Indians bind themselves not to depart from their accustomed homes except by the permit of the agent, and, after their reservations are defined, to confine themselves to said limits, to cultivate the soil, to support themselves by their own industry. (Art. 7.) In consideration of the faithful performance of the stipulations of this treaty the United States grants these Indians donations, presents, and implements, and will adopt such other liberal and humane measures as the Government may deem meet and proper. (Art. 8.) 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 States. (Art. 9.) Proclaimed September 9, 1850. (United States Statutes at Large, Vol. IX, p. 984.) Report of Indian Commissioner, 1882, p. 17. 2 Ibid., 1886, p. 412. lxxxviii. 3 Ibid., p. Treaty made at the agency at Conejos, Colorado Territory, with the Tabegauche band of Utah Indians, October 7, 1863. The boundary of the lands claimed by the Tabegauche band of Utah Indians is as follows: "Beginning on the thirty-seventh degree of north latitude at the eastern base of the Sierra Madre Mountains, running thence northerly with the base of the Rocky Mountains to the forty-first paralled of north latitude; thence west with the line of said forty-first parallel of north latitude to its intersection with the summit of the Snowy range northwest of the North Park; thence with the summit of the Snowy range southerly to the Rabbit-Ear Mountains; thence southerly with the summit of said Rabbit-Ear range of mountains west of the Middle Park to the Grand River; thence with the said Grand River to its confluence with the Gunnison River; thence with the said Gunnison River to the mouth of the Uncompahgre River; thence with the said Uncompahgre River to its source in the summit of the Snowy range, opposite the source of the Rio Grande del Norte; thence in a right line south to the summit of the Sierra La Plata range of mountains, dividing the waters of the San Juan River from those of the Rio Grande del Norte; thence with the summit of said range southeasterly to the thirty-seventh parallel of north latitude; thence with the line of said parallel of latitude to the place of beginning." The supremacy of the United States acknowledged, and all right, title, and interest relinquished by the said band of Utah Indians to all other lands within the territory of the United States, wherever situated, except those included in the following boundary, to be "reserved as their hunting grounds:"* "Beginning at the mouth of the Uncompalgre River; thence down Gunnison River to its confluence with the Bunkara River; thence up the Bunkara River to the Roaring Fork of the same; thence up the Roaring Fork to its source; thence along the summit of the range dividing the waters of the Arkansas from those of the Gunnison River to its intersection with the range dividing the waters of the San Luis Valley from those of the Arkansas River; thence along the summit of said range to the source of the Uncompahgre River; thence to said source and down the main channel of said Uncompalgre River to its mouth, the place of beginning." "Nothing contained in this treaty shall be construed or taken to admit on the part of the United States any other or greater title or interest in the lands above excepted and reserved in said tribe of Indians than existed in them upon the acquisition of said territory from Mexico by the laws thereof."* (Art. 2.) The United States shall establish military posts upon the lands not ceded in this treaty; and locate, construct, and maintain railroads and other roads through the same, and establish and maintain stations. Any citizen may mine in any part of the country retained by said Indians where gold or other minerals may be found. And except as herein stipulated, settlement by other persons than Indians is hereby prohibited. (Art. 3.) The Mohuache band of Utah Indians may be settled upon the lands reserved in this treaty. (Art. 4.) The band agree to give safe conduct to persons legally authorized to pass through their country, and to protect the persons and property of all agents or other persons sent by the United States to reside temporarily among them. (Art. 5.) The Indians agree to take no private revenge; to deliver up offenders to be punished agreeably to the laws of the United States; to help to recover property stolen from citizens, or if not restored to pay for it from annuities received, and to deliver up upon requisition any white man residing among them. The United States guaranties full indemnification for property stolen by citizens from the Indians upon sufficient proof. (Art. 6.) For ten years said band shall receive annually, as the Secretary of the Interior may direct, $10,000 worth of goods and $10,000 worth of provisions. (Art. 8.) five American stallions for improving their breed of horses. (Art. 9.) "In case the chiefs" shall determine to engage in agricultural or pastoral pursuits lands shall be set apart within the reservation under such regulations as the Secretary of the Interior may provide, and they shall receive of cattle "not exceeding 150"* head during the five years beginning with the ratification of this treaty; of sheep "not exceeding 1,000"* head annually during the first two years, and 500 head annually during three years thereafter; such stock shall only be donated so long as the "chiefs "* shall keep good faith in the use of the same. All Indians who conform to the provisions of this article shall be protected in the peaceable possession of their lands and property. The Government also agrees to maintain a blacksmith shop and employ a blacksmith. (Art. 10.) Amended October 8, 1864. Proclaimed December 14, 1864. (United States Statutes at Large, Vol. XIII, p. 673. NOTE.-All words or paragraphs quoted and starred are amendments which were inserted by the Senate. Treaty with the Tabegauche, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah bands of Ute Indins, made at Washington March 2, 1868. All the provisions of the treaty of 1864 not inconsistent with this treaty 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 Tabegauche band of Ute Indians. (Art. 1.) The United States agrees 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 15 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 agrees that no persons, except those herein authorized to do so, 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, except as herein otherwise provided. (Art. 2.) The Indians parties hereto agree and hereby relinquish all claims and rights in and to any portions of the United States or Territories, except such as are embraced in the preceding article. (Art. 3.) The United States agrees to establish two agencies, one for the Grand River, Yampa, and Uintah bands, on White River, and the other for the Tabegauche, Muache, Weeminuche, and Capote bands, on the Rio de los Pinos, and to construct at said agencies mills, shops, and buildings at a cost not exceeding $20,500: Provided, The same shall not be erected until such time as the Secretary of the Interior shall think necessary for the wants of the Indians. (Art. 4.) United States agrees to furnish and maintain millers, carpenters, farmers, and blacksmiths. (Art. 15.) United States agrees to arrest and punish, according to law, any white person committing any wrong upon the person or property of the Indians, and also to re-imburse the injured person for the loss sustained. The Indians agree to deliver up any wrongdoer among their number, to be tried and punished by the United States, or to re-imburse the injured person from moneys due the tribe. (Art. 6.) The President may order a survey of the reservation, and Congress shall provide for protecting the rights of 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 as may be thought proper. Any head of a family may select 160 acres, which shall be recorded in a land-book. Said land shall cease to be held in common, but shall be 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 may select 80 acres. Any family having satisfied the agent that they intend cultivating the soil for a living shall be entitled to seeds and agricultural implements for the first year not exceeding $100, and for three succeeding years not exceeding the value of $50. Such persons shall receive instructions from the farmer. After ten years from the making of this treaty the United States shall have the privilege of withdrawing the farmers, blacksmiths, carpenters, and millers, and in that case an additional sum thereafter of $10,000 per annum shall be devoted to the education of said Indians. (Articles 7, 9, and 10.) The United States agrees to build a school-house or mission buildings so soon as a sufficient number of children can be induced by the agent to attend school, cost not to exceed $5,000. The Indians pledge themselves to induce their children between seven and eighteen years to attend school. It is hereby made the duty of said agent to see that this stipulation is complied with to the greatest possible extent, and for every thirty children between said ages who can be induced to attend school a house and teacher shall be provided, the provisions of this article to continue for not less than twenty years. (Articles 4 and 8.) Under the direction of the Secretary of the Interior, a sum not exceeding $30,000 per annum for thirty years shall be expended for clothing, blankets, etc. (Art. 11.) A sum of $30,000 per annum shall be expended for beef, mutton, wheat, flour, beans, and potatoes until such Indians shall be found to be capable of sustaining themselves. (Art. 12.) The sum of $45,000 to provide each head of a family with one gentle American cow and five head of sheep. (Art. 13.) No treaty for the cession of lands held in common shall be of any validity or force unless signed by at least three-fourths of all adult male Indians 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 land selected by him, as provided in Art. 7. (Art. 16.) All roads, highways, and railroads authorized by law shall have right of way through the reservation herein designated. (Art. 14.) Any chief making war against the United States or violating this treaty in any essential part shall forfeit his possession and all rights to any benefits in this treaty. And any Indian who shall remain at peace and abide by the terms of this treaty shall be entitled to its benefits and provisions, notwithstanding his particular chief and band may have forfeited their rights thereto. (Art. 17.) Amended July 25, 1868. Ratified August 15, September 1, September 14, September 24, September 25, 1863. Proclaimed November 6, 1868.1 Treaty made at Los Pinos Agency, September 13, 1873, between Felix R. Brunot, commissioner on behalf of the United States, and the chiefs and head-men of the Tabequache, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah bands of Ute Indians, approved by act of Congress April 29, 1874. By act of Congress, April 23, 1872, the Secretary of the Interior was authorized to enter into negotiations for a certain portion of the reservation defined in the second article of the treaty of March 2, 1865, and said negotiations having failed, a new commission was appointed June 2, 1873. 1 From United States Statutes at Large, Vol. XV, p. 619. Now, therefore, the commissioner on behalf of the United States, and the chiefs of the Tabequache, Mauche, Capote, Weeminuche, Yampa, Grand River, and Uintah confederated bands of the Ute Nation, do enter into the following agreement: The confederated band[s] of the Ute Nation hereby relinquish to the United States the following-described portion of the reservation heretofore conveyed to them by the United States, viz: Beginning at a point on the eastern boundary of said reservation 15 miles due north of the southern boundary of the Territory of Colorado, running thence west on a line parallel to the said southern boundary to a point on said line 20 miles due east of the western boundary of Colorado Territory; thence north by a line parallel with the western boundary to a point 10 miles north of the point where said line intersects the thirty-eighth parallel of north latitude; thence east to the eastern boundary of the Ute Reservation; thence along said boundary to place of beginning: Provided, That if any part of the Uncompahgre Park shall be found to extend south of the north line of said described country, the same is not intended to be included therein, and is hereby reserved and retained as a portion of the Ute Reservation. (Art. 1.) The United States shall permit the Ute Indians to hunt upon said land as long as game lasts and the Indians are at peace with the white people. (Art. 2.) The United States agrees to set apart and hold as a perpetual trust for the Ute Indians a sum of money, or its equivalent, in bonds sufficient to produce the sum of $25,000 per annum, which sum shall be disbursed or invested at the discretion of the President, for the use and benefit of the Ute tribe of Indians, annually forever. (Art. 3.) The United States agrees, as soon as the President may deem it necessary, to establish an agency at some suitable point to be selected in the southern part of the Ute Reservation. (Art. 4.) The provisions of the treaty of 1868 not altered by this agreement shall continue in force, and the-following words from Art. 2 of said treaty, viz: "The United States now solemnly agrees that no persons except those herein authorized to do so, 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, except as herein otherwise provided," are expressly reaffirmed, except so far as they apply to the country herein relinquished. (Art. 5.) Ouray, head chief of the Ute Nation, shall receive a salary of $1,000 per annum for the term of ten years, or so long as he shall remain head chief of the Utes and at peace with the United States.1 By Executive order of November 22, 1875, it was ordered that the tract of country in the Territory of Colorado lying within the following described boundaries, viz: Commencing at the northeast corner of the present Ute Indian Reservation, as defined in the treaty of March 2, 1868, thence running north on the one hundred and seventh degree of longitude to the first standard parallel north; thence west on said first standard parallel to the boundary line between Colorado and Utah; thence south with said boundary to the northwest corner of the Ute Indian Reservation; thence east with the north boundary of the said reservation to the place of beginning, was withdrawn from sale and set apart for the use of the several tribes of Ute Indians as an addition to the present reservation in said Territory. By Executive order of August 17, 1876, all that portion of country in the State of Colorado lying within the following-described boundaries and forming a part of the Uncompahgre Park, viz: Commencing at the 53d mile-post on,the north line of the survey of the boundaries of the Ute cession, executed by James W. Miller in 1875; thence south 4 miles; thence east 4 miles; thence north 4 miles to the said north line; thence west to the place of beginning, was withdrawn from the public domain and set apart United States Statutes at Large, Vol. XVIII, p. 36. Report of Commissioner of Indian Affairs, 1882, p. 259. |