Convention with the Jicarilla Apache, 1873

ORIGINAL SIGNATORIES

SUCCESSOR IN INTEREST (TRIBES)

KEY PROVISIONS

HISTORICAL NOTES

Convention with the Jicarilla Apache, 1873

Articles of Convention made and concluded on the 10th day of December, in the year of our Lord one thousand eight hundred and seventy-three, by and between Thomas A. Dolan on behalf of the United States, and the undersigned chiefs, head-men, and braves representing the Jicarilla Apaches:

Witnesseth: That whereas the Jicarilla Apaches now living in the vicinity of Cimarron, Tierra Amarilla and Abiquiu in the Territory of New Mexico, claim and live upon lands ceded to certain parties by grants of the Government of Mexico, prior to the ceding of said Territory to the United States (said grants having been approved by the Congress of the United States) and in consequence the said Jicarilla Apaches have no place on which they can take up land and settle as permanent homes, which they greatly desire to do: Now, therefore, I, Thomas A. Dolan, acting under instructions from the Commissioner of Indian Affairs dated November 15, 1873, on behalf of the United States and the aforesaid representatives of the Jicarilla Apaches, do solemnly enter into and make the following agreement:

Article 1st

The United States agree that the following district of country, to wit: Commencing at a point where the head water of San Juan river crosses the Southern boundary of the Territory of Colorado, following the course of said river until it intersects the Eastern boundary of the Navajo Reservation, thence due North along said Eastern boundary of the Navajo Reservation to where it intersects the Southern boundary line of the Territory of Colorado; thence due East along the said Southern boundary of the Territory of Colorado to the place of beginning, for the absolute and undisturbed use, and occupation of the Jicarilla Apache Indians, 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 amongst them, and the United States now solemnly agrees that no person except those herein designated and authorized so to do, and except such officers, agents, and employees 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 for the use of said Indians.

Article 2nd

It is agreed by the Jicarilla Apaches, parties hereto, that henceforth they will, and do hereby relinquish all claims and rights to any portion of the United States or Territories, except such as are embraced within the limits defined in the preceding Article, and that upon the ratification by Congress of these Articles of agreement, they will remove to settle upon, and reside within the limits of the above mentioned country.

Article 3rd

The United States agrees to appropriate, for the aid and encouragement of the Jicarilla Apaches annually for and during the period of five years, the sum of ten thousand dollars to be expended by and under the direction of the President of the United States, for the benefit of the said Indians, and at the expiration of that period, they shall be entitled to an annual appropriation of three thousand dollars per year, for educational purposes, for and during the succeeding period of ten years.

Article 4th

The United States agrees (the Utes consenting thereto) that the Jicarilla Apaches shall be attached to the Southern Ute Agency, (so soon as it may be established) and that the Agent for the said Southern Ute Agency shall exercise the same care of them and their interest, that he does of the Utes attached to his Agency; and that the said Jicarilla Apaches shall at all times have free access to the Agency, and enjoy all the benefits of it, except in the matter of appropriations for annuity goods, provisions, and special treaty appropriations for the Utes.

Article 5th

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 Jicarilla Apache 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 reimburse the injured person for the loss sustained. If bad men among the said 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.

Article 6th

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 "Jicarilla Apache 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 7th

In order to insure the civilization of the Indians 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 ages 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.

Article 8th

The said Jicarilla Apache Indians agree that the Congress of the United States may authorize the passage of roads, highways and railroads through the reservation herein designated.

In case the Indians parties hereto, refuse to live upon their reservation, or engage in hostilities against the United States, then the appropriation herein provided, shall not be available for their benefit.

It is expressly understood between said Dolan and the Indians, parties hereto, that this agreement is subject to the ratification or rejection of the Congress of the United States, and by the Jicarilla Apaches in council assembled.

We, the undersigned chiefs, representative delegates of the Ute Indians do agree to the several provisions in the aforesaid Articles of convention, that mutually interest the Utes and the Jicarilla Apaches.

Thomas A. Dolan
Commissioner.

Witness:

W. D. Crothers

Captains of Apaches

Agostin Vigil, his x mark
Guerro Mudo, his x mark
Vicente, his x mark
Pedro Martin, his x mark
Camilo, his x mark
Guerrito Washington, his x mark
Mangus Colorado, his x mark

Apache Braves

Jose Bibian, his x mark
Vicentito Gallegos, his x mark
Jesus Luna, his x mark
Jose Ulibarri, his x mark
Antonio Embaria, his x mark

Signed this 10th day of December, 1873, in the presence of.

John Townsend
T. D. Burns

[Note: Apache signers omitted.]

Witnesses present:

Maurice Trauer
Francisco Griego, Interpreter.

We, the undersigned hereby certify that we were present at the signing of the foregoing names of Apache Indians, and are witnesses thereto, this 20th day of December, 1873.

H. A. Simpson
Maurice Trauer
Francis Griego, Interpreter.