November 9, 1878
Articles of convention and agreement entered into at Pagosa Springs, in the State of Colorado, this 9th day of November, A. D. 1878, between the United States of America and the Muache, Capote, and Weeminuchee bands of Ute Indians, witnesseth:
That whereas Edward Hatch, Lot M. Morrill, and N. C. McFarland, under the authority of an act of Congress approved May 3rd, 1878, appointed by the President to negotiate with the said Indians for the relinquishment of their right to the southern portion of their reservation in the State of Colorado, and for other purposes: Now, this may show that the said United States of America, by its said commissioners, and the said Muache, Capote, and Weeminuche bands of Ute Indians have agreed as follows:
The said Muache, Capote, and Weeminuchee bands of Ute Indians agree to release and relinquish to the said United States of America all their right to and interest in the Confederate Ute Reservation in the State of Colorado, and especially to the southern portion thereof, to wit, that part lying south of the parallel of thirty-eight degrees and ten minutes (38 10'), of which they are now in occupancy; and they agree to remove to the territory hereinafter mentioned in the second article of agreement, during the spring and summer of the year A. D. 1879, and as soon as an agency shall be located and buildings erected on the said last-named territory.
In consideration of the release and relinquishment aforesaid by said bands, the United States of America, by its said commissioners, agrees to set apart for the use and occupancy of said bands of Ute Indians a reservation on the headwaters of the Piedra, San Juan, Blanco, Navajo, and Chama Rivers, in the State of Colorado, the precise boundaries of which reservation to be hereafter defined by proclamation of the President. And the said United States of America further agrees to establish on said last-named territory, during the spring and summer of the year A. D. 1879, an Indian agency, and to erect proper and suitable buildings therefor.
And the said bands of Ute Indians also agree that they will not obstruct or in any wise interfere with travel upon any of the highways now open or hereafter to be opened by lawful authority in or upon said last-named reservation.
This agreement shall not be binding until confirmed by Congress and the President of the United States.
Witness the signatures of said commissioners on behalf of the United States of America, and also the signatures of the several members of said bands of Ute Indians.
Col. 9th Cavalry, Bt. Maj. General, Chairman Commission.
N. C. MCFARLAN.
LOT M. MORRILL.