Treaty with The Utah - Tabeguache Band
October 7, 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:
It is admitted by the Tabeguache band of Utah Indians that
they reside within the territorial limits of the United States,
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.
Said Tabeguache band of Utah Indians hereby cede, 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 intersection 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.
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 routes of United
States mail-lines, at suitable points, to establish and maintain
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
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.
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.
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
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 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 owner. 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
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
For the period of ten years the said band shall receive,
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.
For the purpose of improving their breed of horses, the band
shall receive five American stallions the first year after
the ratification of this treaty.
That in case the chiefs of said band shall announce to 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
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 blacksmith-shop,
and employ a competent blacksmith, for the purpose of repairing
the guns and agricultural implements which may be used by
said band of Indians.
In testimony whereof, the said commissioners, as aforesaid,
and the said chiefs and warriors of the Tabeguache band of
Utah Indians, have hereunto set their hands and seals, at
the Tabeguache agency, at Conejos, Colorado Territory, on
this the seventh day of October, in the year of our Lord one
thousand eight hundred and sixty-three.
- Jno. Evans, [SEAL.]
- Governor C. T., Superintendent Indian Affairs, and Commissioner. M. Steck, [SEAL.]
- Superintendent Indian Affairs New Mexico and Commissioner.
- Simeon Whiteley, [SEAL.]
- U. S. Agent to the Grand River and Uintah Bands of Utah Indians and Commissioner. Lafayette Head, [SEAL.]
- U. S. Indian Agent and Commissioner. Un-cow-ra-gut, or Red Color, his x mark. [SEAL.]
- Sha-wa-she-yet, or Blue Flower, his x mark. [SEAL.]
- Colorado, his x mark. [SEAL.]
- U-ray, or Arrow, his x mark. [SEAL.]
- No-va-ve-tu quar-et, or One that Slides under the Snow, his x mark. [SEAL.]
- Sa-wa-wat-se-wich, or Blue River, his x mark. [SEAL.]
- A-ca-mu-che-ne, or Red Wind, his x mark. [SEAL.]
- Mu-chu-chop, or Lock of Hair, his x mark. [SEAL.]
- Sa-patch, or White Warm, his x mark. [SEAL.]
- Cinche, or Left Hand. [SEAL.]
Witnesses to the treaty:
- Jno. G. Nicolay, Secretary to the Commission.
- Chas. E. Phillips, Assistant Secretary to Commission.
- J. M. Chivington, Colonel First Cavalry of Colorado, Commanding District.
- Samuel F. Tappan, Lieutenant-Colonel First Cavalry of Colorado.
- Charles Kerber, Captain, First Cavalry of Colorado.
- J. P. Benesteel, Captain, First Cavalry of Colorado.
- Juan V. Valdes.
- Bernardo Sanchez, his x mark.
- Amador Sanchez, his x mark.
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