H DN AR CL S

Tribal employees mark Treaty Day

By Jim Maniaci
Diné Bureau

WINDOW ROCK — While most Americans enjoyed a three-day Memorial Day holiday, because of the way the calendar falls this year the 6,000-8,000 non-emergency Navajo Nation employees got four consecutive days off, including Treaty Day on Tuesday.

Tribal employees also receive a four-day holiday at Thanksgiving because the day after is designated Family Day, which the tribe takes off instead of Columbus Day in October.

It was on June 1, 1868, that Navajo leaders and the U.S. government signed a treaty to return the Dine' to their homeland from the alkaline desert of Fort Sumner in southeastern New Mexico, about 60 miles west of Clovis.

The U.S. Senate ratified the treaty, one of the last by the U.S. government with First American nations, on July 25, 1868, and President Andrew Johnson issued the proclamation putting it into effect on Aug. 12, 1868.

Most Navajos some hid from the scorched earth policy used by the U.S. Army under Col. Christopher "Kit" Carson during the U.S. Civil War to subdue the Din were rounded up and marched the several hundred miles from the Four Corners in the winter of 1863-64.

As it is now called, "The Long Walk," extended from present-day Fort Defiance (then Fort Canby) to Fort Wingate and Grants to Los Pinos on the Rio Grande, north to Albuquerque, then by three different trails to the Pecos River to Fort Sumner, or Hwe'eldi, as it is known in Navajoland.

Four-year failure

After only four years, the U.S. government admitted to the 9,000 or so Navajos (and a much smaller group of Apaches) that trying to farm alkaline soil wouldn't work on the "Bosque Redondo." The federal government also couldn't stand the high cost of maintaining the tribe.

In late May 1868 U.S. Commissioners Lieutenant General William T. Sherman and Samuel F. Tappen met with Delgadito, Barboncito, Manuelito, Largo, Herrero, Armijo and Torivio. The Navajos rejected being sent back east for assimilation in Oklahoma, Mississippi and Florida.

After three days of drafting the treaty, the formal ceremony was held on June 1, 1868, with Barboncito, Delgado, Armijo, Manuelito, Largo, Herrero, Chiqueto, Muerto De Hombre, Hombro, Narbono, Narbono Segundo and Ganado Mucho signing, along with a council of 17 other men including Torivio.

The 13 articles of the treaty, recognized by the U.S. Constitution as a supreme law of the land, described the desire for peace, outlined the boundaries of the original rectangle bisected by the border (and from the mouth of Canyon De Chelly on the west to Fort Lyon Ojo De Oso or Bear Spring on the east), and provided for initial homestead-style farming by heads of families, along with supplies, food and implements to be provided for a decade.

Only two articles describe services to be provided law enforcement and education.

Law enforcement

In brief, the law enforcement article requires people subject to U.S. authority and Indians to be tried by U.S. courts once the tribe turns the Indian over to the U.S.

The education article states the purpose as insuring "the civilization of the Indians... the necessity of education is admitted."

It adds, "They therefore pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school; and ... it is the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that, for every thirty children between said ages... a house shall be provided and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher."

A third article notes the Indians will not oppose construction of trans-continental railroads, other railroads, wagon roads, mail stations "or other works of utility or necessity which may be ordered or permitted by the laws of the United States," providing the government pays whatever damages are assessed by three disinterested commissioners, including a chief or head man, appointed by the president.

Another section of the same article requires a three-fourths vote of adult men of the tribe for any part of the reservation to be given back to the government; nor can the homestead-style land be taken from an individual Indian without that individual's consent.

There are several other earlier treaties between the tribe, the U.S. and Mexico, but none receives the attention of the dominant and last in 1868.

An exhibit about the 1868 people-to-people agreement is open at the Navajo Nation Museum in Window Rock.

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June 2, 2004
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