MEXICO'S TREATY WITH THE NAVAJOS, 18391

Having repeatedly petitioned the said Tribe through their envoys, and finally the Chieftain Cayetano, being one of the most important of the said Nation, coming with 6 of the principal leaders and having spoken to me in the name of the entire Nation that they desire to be given the terms which the Governor of New Mexico may wish, and in view of their humiliation and what appears to be good faith, he (Cayetano) has agreed to present them to me with the chieftains and other notables of the Nation, concerning this very interesting affair, and after some difference we have agreed to the following articles:

1. There will be peace and commerce to carry out what those of the Navajo Tribe have promised with the citizens of the Department of New Mexico; with those of the Department of Chihuahua; and with those of Sonora as well as with all the citizens belonging to the Mexican Republic as well as with all the other citizens of the potential friends of the Mexican Republic.
   
2. In fulfillment of this agreement and in order to carry out the good faith which animates the agreeing parties the Navajo chieftains have agreed to surrender our captives which are in their Nation who were seized from the fields in which they were caring for their flocks without protection and have agreed also those of their own remain among us as a just reprisal, acquired through an honorable war, without betrayal.
   
3. As the principal bases for these agreements is to end the horrors of war and return to the sweet name of a stable and lasting peace, the aforesaid chiefs and principals of the said Tribe have agreed to make what safeguards as may be possible that their people in no way again disturb the order with the citizens of the Department of New Mexico.
   
4. It is understood that trade will remain on the same terms in the Department of New Mexico as it was before the present war.
   

5.

As the purpose of this treaty is to remove every resentment, it is suggested to the Navajo chieftains that in case their people cause any death to the Mexican sheepherders, that they will give up the murderer to the government so that he can be punished, the government suggesting at the same time that in case the sheepherders cause any death that 30 sheep be paid for the dead man, and the malefactor be punished according to law.
   

6.

In case any Navajo Indian woman succeeds in escaping by fleeing from the house of her master, on arrival of the said woman in her own land, when it is verified, that she remain free and without any obligation of the nation to give anything for her ransom.
   
7. In any case whatsoever, that the enemies of both nations attempt to invade, it shall be the obligation of the contracting parties to stop the aggression and give immediate notice so that they may free themselves from the insult which is being prepared for them, the Navajos being allowed, for if they agree, to have one of, or two of, their Tribe live on the frontiers of Cebolleta and Jemez in order to anticipate such information, if there are Sahuanos, Comanches, or other barbarous tribes, that they be prepared to defeat them or in any case to impede their passage, and that they give the same obligation to the Navajos if the Gila Apaches or other nations prepare to invade the Department.

And in order to carry out all and each one of these articles which make up this Treaty, His Excellency, the Governor, will be authorized on the part of the Republic of Mexico and at the invitation of the Prefects, who also were present, and for the Navajo Chieftains, above listed, placing as a sign, each one, a cross for the due certification of the Treaty celebrated at San Diego de Jamez, at Jemez, New Mexico, July 15, 1839.

FOOTNOTES

  1. Translation from Jenkins & Minge, pp. 51-52.

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