April 2, 1851
It is agreed by the contracting parties; that is to say James S. Calhoun, Governor and Superintendent of Indian Affairs in the Territory of New Mexico, and John Munroe Brevet Colonel of the United States Army, commanding the Ninth Military Department; on the part of the Government of the United States, and Francisco Chacon, Lobo Guero and Josecito Head Chief and Captains on the part of the Apache tribe of Indians east of the Rio del Norte, that the following acknowledgements, declarations and stipulations shall be binding upon the contracting parties, in all time to come. Provided; the Government of the United States shall approve the following terms
First—The said Apache Indians do hereby declare their unconditional submission to the Government of the United States, and will remove to, and confine themselves to such lands and limits as said Government may assign for their use, and build thereon Pueblos, and cultivate the soil for their support, or occupy said limits, and conform to all rules, laws and orders that said Government may prescribe for their observance.
Second The said Indians pledge their identity as a tribe, and their personal existence, individually, to abstain from all murders, and depredations, not to roam within Fifty miles of the settlements, or the established highways of the people of New Mexico, or the roads leading to the United States; unless under such rules and regulations as the Governor and Superintendent of Indian Affairs may prescribe, and unless the aforesaid Government shall assign them limits nearer to said settlements and highways; that they will deliver up all murderers, robbers and fugitives from justice, all captives whether Americans, Mexicans, or others, and stolen property that may be with them, or in their possession, by or before the First day of August next, and will at all times, use their utmost exertions to check and chastise all disturbers of the public tranquility, and will never afford an Asylum, countenance or protection in any shape to murderers, robbers or other wicked persons; but will secure all such persons and all stolen property that they may be able to seize, whether of Americans, Mexicans or others, and deliver the same at the earliest possible day to the appropriate authorities of the Government of the United States
Third.—Should this Treaty be approved by the Government of the United States, it is understood and agreed that the said Government shall establish such Military Posts and trading points, as they may select, and in the mean time, duly licensed Traders, shall be permitted to proceed to Bosque Redondo and such other places as the Governor of this Territory may designate, for the purpose of trading with the aforesaid Apaches, and such traders shall not be authorized to offer their merchandise for sale at any other places.
Fourth.—It is distinctly understood that all laws and regulations emanating from the Government of the United States assigned for the Government of trade, and intercourse with the various Indian tribes within the jurisdiction of said States, are valid, and to be enforced in the country or district of the aforesaid Apaches.
Fifth.—Finally, it is agreed upon the part of the Government of the United States, should the aforesaid Apaches comply, fairly and fully, with the foregoing stipulations, upon their part; the said Government will grant to them such donations and implements of husbandry, and other gratuities as a proper and sound humanity may demand, and as may be deemed meet and prudent by said Government.
In faith whereof we, the undersigned have signed this Treaty and affixed thereunto our Seals in the City of Santa Fé, this Second day of April, in the Year of our Lord, One thousand Eight hundred and fifty one.
JAMES S. CALHOUN (H S)
Governor
and Superintendent of Indian Affairs
JOHN MUNROE (H S)
Major 2d Reg Arty. Bt Col U. S. Army
Commanding Department
his
FRANCISCO X CHACON (H S)
mark
head Chief
his
LOBO X CAPTAIN (H S)
mark
his
GUERO X CAPTAIN (H S)
mark
his
JOSECITO X CAPTAIN (H S)
mark
Witnesses
H. L. KENDRICK Bvt. Maj. U. S. Army
B. V. BEE
Bvt. Capt, U. S. A.
L. McLAWS
1 Lieut Infy
JOSÉ DE [ ] LUPAIR
MANUEL CHAVER
JOSÉ SALAZAR
[?]Pino
W. G. KEPHART
JNO. G. JONES
E. G. NICHOLSON
MANUEL ALVAREZ
HORACE L. DICKINSON
H. N. SMITH
D. V. Whiting Translator & Interpreter