Treaty with the Tonto, Pinal, Sierra Mescal, and Aravipa Bands of Apache, 1866

ORIGINAL SIGNATORIES

KEY PROVISIONS

HISTORICAL NOTES

Treaty with the Tonto, Pinal, Sierra Mescal, and Aravipa Bands of Apache, 1866

December 20, 1866

Articles of Treaty entered into this 20th day of December, 1866 between Captain Guido Ilges, 14th Infantry, Bvt Lt Col U.S. Army, Commanding Fort Grant, Arizona Territory for and on behalf of the United States of America of the one part, and the chiefs—Watchin, Tonto tribe; Au Ke manche, Pinal tribe; Askinninha, Sierra Mescal tribe and Skinapah, Arivapa tribe, for themselves and their respective tribes of the Second part.

This treaty witnesseth, that Capt. Guido Ilges, 14th Infantry, Bvt Lt Col U.S.A. for and on behalf of the United States of America, and the aforementioned chiefs for themselves and their respective tribes have mutually agreed and by these presents do solemnly agree and declare, to and with each other as follows viz:

I.

That from and after this date peace is established between the United States of America and the Tonto, Pinal, Sierra Mescal and Arivapa tribes of Apache Indians.

II.

That the aforesaid chiefs for themselves and their respective tribes, do agree to hereafter protect the lives and property of all inhabitants of the Territory of the United States, who are friendly-disposed, that they will neither steal rob or murder, and that they will return to the proper owner any property they may come into possession of in any but a legitimate way.

III.

That if any member or members of their tribes commit any depredations hereafter they will themselves arrest such outlaws and deliver them up for punishment to the nearest United States Officer.

IV.

That they agree to settle down on any piece of ground on the San Pedro, Arivapa or Gila rivers which the Government of the United States may hereafter set aside for them as a reservation, that they will cultivate the ground so chosen for them and that they will endeavor to raise crops and maintain themselves and their families by their own labor, they however reserving for themselves the right to visit the mountains for the purpose of gathering mescal and hunting the deer.

Fifth.

That if any wrong is inflicted on them by any person or persons not of their own tribes, they will report their grievances to the nearest officer of the United States, who will see them righted, but they will abstain from punishing the guilty party or revenging themselves.

Sixth.

In case of strict compliance by these Indian tribes with the aforesaid articles of agreement, then the said Capt Guido Ilges, 14th Infantry Bvt Lt Col USA Commanding Fort Grant, A.T. for and on behalf of the Government of the United States of America promises and agrees to grant to these aforementioned tribes of Apache Indians full protection of their lives and property and allowance of their pursuits of life and liberty.

Seventh.

And Capt Guido Ilges, Bvt Lt Col U.S.A. for and on behalf of the United States of America further agrees that he will furnish to these tribes such food and for such a space of time as the proper authority of the United States may determine upon until these tribes are enabled to plant their own crops and maintain themselves.

Eight.

And the said Capt Guido Ilges 14th Infty Bvt Lt Col U.S.A further agrees that he will make requisitions to the proper authorities for materials, tools, seeds, and clothing for issue to these aforesaid tribes, which they (the Indians) will require to carry out their farming pursuits.

Ninth.

In case of failure on the part of these aforesaid tribes of Apache Indians to comply with each and every one of these articles of agreement then Capt Guido Ilges, 14th Infty Bvt Lt Col U.S.A. and other officers of the United States of America will wage a war of extermination against them, they will be driven from mountain to mountain, their rancherias and other property be burned and their wives and children will be taken away from them.

Tenth.

This treaty of peace is subject to the approval of Major General McDowell Commanding Department of California.

In witness whereof the undersigned have hereunto placed their hands and seals the day and date first above written.

[Signatures of Witnesses, Officers, and Chiefs]