in equity until a patent shall issue, and no patent shall be issued until due proof of five years' actual residence and cultivation, as required by the act entitled "An act to secure homesteads on the public domain." ARTICLE 9. Upon the urgent request of the Indians, parties to this Reservations of 640 treaty, there shall be set apart from the tract hereby ceded a reserva- acres each for the tion of (640) six hundred and forty acres near the mouth of Thief and Red Bear. River for the chief "Moose Dung," and a like reservation of (640) six hundred and forty acres for the chief "Red Bear," on the north side of Pembina River. chiefs Moose Dung TREATY WITH UTAHS-TABEGUACHE BAND, 1863. Whereas the Tabeguache band of Utah Indians claim as against all other Indian tribes an exclusive right to the following-described country as their lands and hunting grounds within the territory of the United States of America, being bounded and described as follows, to wit: "Beginning on the 37th degree of north latitude, at the eastern base of the Sierra Madre Mountain; running thence northerly with the base of the Rocky Mountains to the forty first parallel 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 President of the United States of America, by John Evans, governor of Colorado Territory, and ex-officio superintendent of Indian affairs for the same; Michael Steck, superintendent of Indian affairs for the Territory of New Mexico; Simeon Whiteley and Lafayette Head, Indian agents, duly authorized and appointed as commissioners for the purpose, of the one part, and the undersigned chiefs and warriors of the Tabeguache band of Utah Indians, of the other part, have made and entered into the following treaty, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties, to wit: Authority of the United States admit ARTICLE 1. It is admitted by the Tabeguache band of Utah Indians that they reside within the territorial limits of the United States, ted. acknowledging their supremacy, and claim their protection. The said band also admits the right of the United States to regulate all trade. and intercourse with them. ARTICLE 2. Said Tabeguache band of Utah Indians hereby cede, Cession of lands. convey, and relinquish all of their claims, right, title, and interest in and to any and all lands within the territory of the United States, wherever situated, excepting that which is included within the following boundaries, which are hereby reserved as their hunting-grounds, viz: Beginning at the mouth of the Uncompahgre River; thence down. Gunnison River to its confluence with 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 inter Military posts may be established on lands not ceded. Mining. Mohuache band of Utahs. Protection to be given to certain per sons. ers. Redress of injuries. property. section with the range dividing the waters of the San Luis Valley from those of the Gunnison's Fork of the Great Colorado River; thence along the summit of said range to the source of the Uncompahgre River; thence from said source and down the main channel of said Uncompahgre 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 or band of Indians than existed in them upon the acquisition of said Territory from Mexico by the laws thereof. ARTICLE 3. And it is further agreed that the United States shall have the right to establish one or more military posts, with their needful reservations, upon the lands and hunting-grounds not ceded by the Tabeguache band in this treaty; also the right to locate, construct, and maintain railroads and other roads and highways through the same, and along the routes of United States mail-lines, at suitable points, to establish and maintain stations. Any citizen of the United States may mine, without interference or molestation, in any part of the country hereby reserved to said Indians where gold or other metals or minerals may be found. ARTICLE 4. And the said Tabeguache band hereby gives its consent that the Mohuache band of Utah Indians may also be settled with them upon the lands and hunting-grounds reserved in this treaty. ARTICLE 5. And the said Tabeguache band further agrees to give safe-conduct to all persons who may be legally authorized by the United States to pass through their reservation, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them. ARTICLE 6. That the friendship which is now established between the United States and the Tabeguache band of Utah Indians should not be interrupted by the misconduct of individuals, it is hereby agreed that for injuries done no private revenge or retaliation shall take place, but, instead thereof, complaint shall be made by the party injured to the superintendent or agent of Indian affairs, or other person appointed by the President. And it shall be the duty of the chiefs of said Tabeguache band, upon complaint being made as aforesaid, to Delivery of offend deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And in like manner, if any robbery, violence, or murder shall be committed on any Indian or Indians belonging to said band, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed that the chiefs of said Tabeguache Recovery of stolen band shall, to the utmost of their power, exert themselves to recover horses or other property which may be stolen or taken from any citizen or citizens or white residents of the United States by any individual or individuals of said band; and the property so recovered shall be forthwith delivered to the agents or other persons authorized to receive it, that it may be restored to the proper And for such property as any Indian or Indians belonging to said band may have taken from citizens or white residents of the United States which cannot be restored, payment shall be reserved from the annuities which the said band is to receive, upon sufficient proof of the fact. And the United States hereby guarantee to any Indian or Indians of said band a full indemnification for any horses or other property which may be stolen from them by any of their citizens or white residents: Provided, That the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen or white resident of the United States. And the said Tabeguache band engages, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them. Surrender of white men. owner. ARTICLE 7. And the chiefs and warriors as aforesaid promise and engage their band will never, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunition, or other implements of war. Munitions of war. ARTICLE 8. For the period of ten years the said band shall receive, Annuity. annually, by such distribution as the Secretary of the Interior may direct, ten thousand dollars' worth of goods, and also ten thousand dollars' worth of provisions. ARTICLE 9. For the purpose of improving their breed of horses, the Horses. band shall receive five American stallions the first year after the rati fication of this treaty. ARTICLE 10. That in case the chiefs of said band shall announce to Donations of stock. the agent a willingness and determination on their part, and on the part of their people, to begin and follow agricultural or pastoral pursuits by farming or raising stock, and growing wool upon such lands to be selected and set apart within said reservation, and according to such regulations as the Secretary of the Interior may prescribe, they shall receive the following donations of stock to aid them in their endeavor to gain a livelihood by such new pursuits, viz: Of cattle, not exceeding one hundred and fifty head annually during five years, beginning with the ratification of this treaty. Of sheep, not exceeding one thousand head annually during the first two years after the ratification of this treaty, and five hundred head annually during the three years thereafter. The Secretary of the Interior may also direct that their share of annuity goods and provisions shall be of a character suited to such change of life: Provided, however, That such stock shall only be donated as long as such chiefs shall in good faith keep and use the same for the purpose indicated in this article, and provided that the amount expended under this article shall not exceed ten thousand dollars annually. All the Indians of said band who may adopt and conform to the provisions of this article shall be protected in the quiet and peaceable possession of their said lands and property. The Government also agrees to establish and maintain a blacksmithshop, and employ a competent blacksmith, for the purpose of repairing the guns and agricultural implements which may be used by said band of Indians. TREATY WITH SHOSHONI-GOSHIPS, 1863. Blacksmith and shop. Oct. 12, 1863. Ratified, with Treaty of peace and friendship made at Tuilla Valley, in the Territory of Utah, this twelfth day of October, A. D. one thousand eight hun- 13 Stats., p. 681. dred and sixty-three, between the United States of America, repre- amendment, Mar. 7, sented by the undersigned commissioners, and the Shoshonee-Goship 1864. Amendment agreed bands of Indians, represented by their chiefs, principal men, and to, Nov. 24. 1864. warriors, as follows: Proclamation Jan. 17, 1865. ship. ARTICLE 1. Peace and friendship is hereby established and shall be Peace and friendhereafter maintained between the Shoshonee-Goship bands of Indians and the citizens and Government of the United States; and the said bands stipulate and agree that hostilities and all depredations upon the emigrant trains, the mail and telegraph lines, and upon the citizens of the United States, within their country, shall cease. country to be free and ARTICLE 2. It is further stipulated by said bands that the several Routes through their routes of travel through their country now or hereafter used by white peaceful. men shall be forever free and unobstructed by them, for the use of the Government of the United States, and of all emigrants and travellers within it under its authority and protection, without molestation or S. Doc. 452-42 ers. Surrender of offend injury from them. And if depredations are at any time committed by bad men of their own or other tribes within their country, the offenders shall be immediately taken and delivered up to the proper officers of the United States, to be punished as their offences may deserve; and the safety of all travellers passing peaceably over either of said routes is hereby guaranteed by said bands. Military posts and station houses. Telegraph and overland stage lines. es. Railway and branch Mines, mills, and ranches. Timber. Boundaries. Reservations. Military posts may be established by the President of the United States along said routes, or elsewhere in their country; and stationhouses may be erected and occupied at such points as may be necessary for the comfort and convenience of travellers or for the use of the mail or telegraph companies. ARTICLE 3. The telegraph and overland stage lines having been established and operated by companies under the authority of the United States through the country occupied by said bands, it is expressly agreed that the same may be continued without hindrance, molestation, or injury from the people of said bands, and that their property, and the lives and property of passengers in the stages, and of the employees of the respective companies, shall be protected by them. And further, it being understood that provision has been made by the Government of the United States for the construction of a railway from the plains west to the Pacific Ocean, it is stipulated by said bands that the said railway or its branches may be located, constructed, and operated, and without molestation from them, through any portion of the country claimed or occupied by them. ARTICLE 4. It is further agreed by the parties hereto that the country of the Goship tribe may be explored and prospected for gold and silver, or other minerals and metals; and when mines are discovered they may be worked, and mining and agricultural settlements formed and ranchos established wherever they may be required. Mills may be erected and timber taken for their use, as also for building and other purposes, in any part of said country. ARTICLE 5. It is understood that the boundaries of the country claimed and occupied by the Goship tribe, as defined and described by said bands, are as follows: On the north by the middle of the Great Desert; on the west by Steptoe Valley; on the south by Tooedoe or Green Mountains; and on the east by Great Salt Lake, Tuilla, and Rush Valleys. ARTICLE 6. The said bands agree that whenever the President of the United States shall deem it expedient for them to abandon the roaming life which they now lead, and become settled as herdsmen or agriculturists, he is hereby authorized to make such reservations for their use as he may deem necessary; and they do also agree to remove their Residence thereon. camps to such reservations as he may indicate, and to reside and remain Annuities. Cattle. Receipt. thereon. ARTICLE 7. The United States being aware of the inconvenience resulting to the Indians, in consequence of the driving away and destruction of game along the routes travelled by white men, and by the formation of agricultural and mining settlements, are willing to fairly compensate them for the same. Therefore, and in consideration of the preceding stipulations, and of their faithful observance by said bands, the United States promise and agree to pay to the said Goship tribe, or to the said bands, parties hereto, at the option of the President of the United States, annually, for the term of twenty years, the sum of one thousand dollars, in such articles, including cattle for herding or other purposes, as the President shall deem suitable for their wants and condition either as hunters or herdsmen. And the said bands, for themselves and for their tribe, hereby acknowledge the reception of the said stipulated annuities as a full compensation and equivalent for the loss of game and the rights and privileges hereby conceded; and also one thousand dollars in provisions and goods at and before the signing of this treaty. ARTICLE S. Nothing herein contained shall be construed or taken to admit any other or greater title or interest in the lands embraced within the territories described in said treaty in said tribes or bands of Indians than existed in them upon the acquisition of said territories from Mexico by the laws thereof. TREATY WITH CHIPPEWA RED LAKE AND PEMBINA BANDS, 1864. Apr. 12, 1864. 13 Stat., p. 689. Ratified Apr. 21, Proclamation Apr. 25, 1864. Articles supplementary to the treaty made and concluded at the Old Oct. 2, 1863, as amend ARTICLE 1. The said Red Lake and Pembina bands of Chippewa Assent to treaty of Indians do hereby agree and assent to the provisions of the said treaty, ed. concluded at the Old Crossing of Red Lake River, as amended by the Senate of the United States by resolution bearing date the first of March, in the year eighteen hundred and sixty-four. annuity by former ARTICLE 2. In consideration of the cession made by said treaty, con- Payment in lieu of cluded at the Old Crossing of Red Lake River, and in lieu of the treaty. annuity payment provided for by the third article of said last-mentioned treaty, the United States will pay annually, during the pleasure of the President of the United States, to the Red Lake band of Chippewas the sum of ten thousand dollars, and to the Pembina band of Chippewas the sum of five thousand dollars, which said sums shall be distributed to the members of said bands, respectively, in equal amounts per capita, for which purpose an accurate enumeration and enrollment. of the members of the respective bands shall be made by the officers of the United States. ARTICLE 3. The United States will also expend annually, for the period of fifteen years, for the Red Lake band of Chippewas, for the purpose of supplying them with gilling-twine, cotton mater, calico, linsey, blankets, sheeting, flannels, provisions, farming-tools, and for such other useful articles, and for such other useful purposes as may be deemed for their best interests, the sum of eight thousand dollars; and will expend in like manner, and for a like period, and for like purposes, for the Pembina band of Chippewas, the sum of four thousand dollars. expendi, blankets Annual Blacksmith, physician, miller, farmer, ARTICLE 4. The United States also agree to furnish said bands of Indians, for the period of fifteen years, one blacksmith, one physician, iron, steel, etc. one miller, and one farmer; and will also furnish them annually, during the same period, with fifteen hundred dollars' worth of iron, steel, and other articles for blacksmithing purposes, and one thousand dollars for carpentering, and other purposes. ARTICLE 5. The United States also agree to furnish for said Indians at some suitable point, to be determined by the Secretary of the Interior, a saw-mill with a run of millstones attached. ARTICLE 6. It is further agreed, by and between the parties hereto, Sawmill and millstones. Modification of arti that article four of the said treaty, concluded at the Old Crossing of cle 4 of former treaty. Red Lake River, and the amendment to said article, shall be modified as follows: that is to say, twenty-five thousand dollars of the amount |