NEW SPAIN'S TREATY WITH THE NAVAJOS, 18221

 

A. Preliminary Conditions

Points of interest that the Political Chief of this Province has considered carefully in order to celebrate peace with the Navajo Tribe. A.S.V. -

1st that the alcalde sought to be (present) with thirty men, the best of their commands, on the day that I might set in the Pueblo of Latuna, well equipped, for war - That the Captains of the Militia ought to be in their company, it being the will of the Superior Chief of the Company, Seņor Colonel Don Facundo Melgares - -------- ------------ it (the Navajo Tribe) ought to accede to peace under the following articles -

1st. That the captives that are lacking should be brought at the time set, as well as the apostates that might be among them, surrendered so that those that might be prisoners among us might be surrendered to them by us, that the peace shall be concluded by us in completion by the time that might be proper and that they cease doing evil and harm.
   
2nd. That they be questioned as to where they have kept the goods that they have, making them see that of the Province, some acquired by their work and industry and others stolen, harming the Province, and if this they do not understand, they ought to be made to know (it) with the energy and clarity of Spanish.
   
3rd. That they be conceded peace, forgetting forever the offenses and insults that they have done to the Province under the following condtions -
   
4th. That they are to recognize our government as an allied Nation: that they should recognize as the boundary of the Province (a line) from Ojo del Oso, Chusca, Tunicha, the San Juan River, in order to avoid discord between said Nation and the Spaniards, not preventing them from coming to trade through all of the Province as they have always done, the inhabitants of the Province, doing the same among them: if some Spaniard should do damage among them, from time to time, it will reported to the government in order to pay and to punish the malefactor according to (what) might be his crime; if some Navajo should come to do damage to the Province, they (sic) will be pursued until overtaken, if overtaken before reaching their rancheria they will be made prisoners, if these should resist and place hand upon weapons, action will be taken against them; if they should not be overtaken until arrival at their rancheria the chief of the party will report to the headman of the rancheria, making charges against said robbery and against the malefactors, which ought to be surrendered so that they might be punished and the damage that they have caused made good.
   
5th. That the Navajos should discontinue going to the camps of herders of cattle, sheep and goats to trade with the herders from which result the misunderstandings, but whenever they are interested in buying stock of any kind, they should ask for it from its legitimate owners, for in this manner, we will be free of quarrels.
   
6th. The agreed propositions will be formally presented to them as stated above in the first article, should it not be or a year or longer, in accordance with the purpose for which the meeting convenes, for I have advised them that all the most prominent persons among them ought to be present although they have registered some fears that I treat them with sufficient care in order to celebrate the peace with the solemnity that is proper to it; the Political Chief should carry two flags, one white and another with red, making said Nation understand the significance of said flags, that the white signifies the peace that they ask for; that the red the war; that if they should come on the appointed day the flag of peace will be unfurled, that if they should not come on said day that of war will be unfurled, by which will be made evident the first point of this manifesto in order to avoid any rashness in order that if it should be necessary the voice of the Chief will place them under arms and make the entire world see that Spanish arms ought to be respected -
   
7th. If the peace should be verified the Te Deum will be sung inside the Pueblo in praise of the God of Armies and a Mass will be offered asking that He preserve us in peace - Amen, Jesus, Mary and Joseph.
Laguna, September 12, 1822
Francisco Savier Chabes
P.d.ta receipt of this will be acknowledged and they will inform me of the captives that have been brought from their respective Jurisdiction - (to the) three Alcades of the Cordillera del Margen.

 

B. The Treaty

I send you a copy of the treaty of peace that I concluded in the Pueblo of Zia with the principal leader and two headmen of the Navajo Tribe, which in the name of all the Nation, the said leader and headmen did; with the object that all who were not present at the act will remain informed, leaving copies.
May God keep you many years, Albuquerque, Nov. 11, 1822.
Facundo Melgares
Senores Alcaldes of the Cordillera del Margen.

Agreement of peace with the Navajo Nation between the Governor of the Province of New Mexico, the principal leader of the aforesaid, and two headmen.

1st. On the 29th of October of one thousand eight hundred twenty-two, at the request of the Navajos, I conceded them peace and friendship in the name of the Emperor, Seņor Don Agustin the First (May God keep him) and arranging it at the orders of general headquarters.
   
2nd. The fundamental bases are those established in previous (treaties of) peace, that are held constant by the Superior Government and the tribe.
   
3. Both parties will forget forever the injuries that have resulted to both from the war.
   
4. The Navajos remain at liberty to trade and travel in the Province.
   
5. The captives, if the Navajos have any, will be returned to the government of the Province in whose power there are no more Navajos except hostages and one other child (who does not wish to leave), but if the Navajos want them they are ready and any more if they claim them and can inform the government of them, if there (be) grave reason for retaining them.
   
6. In order that the previous article be carried out punctually; a list shall be made of only the individuals that the Navajos claim.
   
7. If the Navajos should want a general; it will be Segundo, the tribe accepting him as such, except that, they shall name him and the Government will confirm (it), signing this and the contracting parties on said date with the Alcaldes and Regidores of the Province who concur.

Facundo Melgares (Senior Chief of the Company)
Segundo (General of the Navajos)
Juan Jose
Jose Tapia
Jose Francisco Baca
Pablo Montoya
Manuel Baca
Salbador Garcia
Juan Jose Silba
Salvador Garcia
Jose Gonzalez
Jose Torres
Juan Baca
Juan Gervacis
Jose Maria Archundi
Jose Antonio Chabes Duran

It is a copy, Albuquerque, Nov. 11, 1822 - Melgares

By virtue of the order of Seņor Commanding General of the 12th of October just past, I have surrendered the military and political command of the Province to Captain Don Jose Antonio Vizcarra; and I advise you for your information and consequent purposes.
May God keep you many years, Albuquerque, Nov. 22, 1811
Facundo Melgares
Senores Alcaldes fo the Cordillera del Margen

It is a copy, Santa Fe, 24th of November 1822.

FOOTNOTES

  1. Treaty of October 29, 1822; Translation by David M. Brugge and Harrison Lapahie Jr.

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