Story Behind the Treaty of 1855

Story behind the Treaty of 1855

That spring David Meriwether, as ex-officio Superintendent of Indian Affairs, was at last furnished with means to put into effect his Indian policy. On July 31, 1854, the United States Congress approved an Indian Appropriation Act which allowed the New Mexico Superintendency $30,000 to negotiate treaties with the more troublesome tribes under its jurisdiction.1 Eight months later, on March 16, 1855, Commissioner George W. Manypenny informed Meriwether that he had been "designated by the President" to enact articles of convention with the Apaches, Navajos, and Utes. For the first time in the history of New Mexico these tribes would be guaranteed the rights of occupancy to their lands:

You will make such arrangements as will provide for the Indians, within the country which they may respectively reside and the possession of which they claim, a suitable tract or tracts, limited in extent, for their future permanent home; and will guarantee to them the possession and enjoyment of the reserve assigned them, with provision that hereafter the President may cause the land reserved to be surveyed, and to assign to each single person over twenty-one years of age, or head of family, a farm containing from, say, twenty to sixty acres, according to the number of persons in such family.2

The appropriations allowed for the treaty making were slow arriving in New Mexico. Finally, by the first week of July 1855, the governor had received the annuities, and had put his affairs in order for the scheduled trip into Navajo country. On July 5, David Meriwether, his son Raymond, W.W.H. Davis, secretary to the governor, and two servants left Santa Fe bound for FortDefiance, where they would meet the commander of the Ninth Department, General John Garland.3

The governor reached Defiance on July 13 and on the following day he and Davis rode to the council site to ascertain from Agent Dodge when the Navajos would be assembled in sufficient numbers for treaty negotiations.4

Fourteen miles north of FortDefiance, at the west entrance to WashingtonPass, lay Laguna Negra (Spanish for "BlackLake"). Here on a low, red, sandy ridge overlooking the dark waters of the lake, Agent Henry Linn Dodge had pitched his tent and began assembling the tribesmen. Meriwether spent the morning conferring with the agent and what headmen were already there, and set July 16 as the date for the proposed treaty signing. Upon their return that afternoon to FortDefiance, Meriwether's party witnessed the arrival of General Garland with Captain Ewell's company of dragoons amid a thunderous salute from the post's field battery. The next day passed with a review and inspection of the garrison. On the following morning, July 16, the governor, W.W.H. Davis, and General Garland proceeded to Laguna Negra under escort of Captain Ewell's dragoons. As the party rode along, Navajos attached themselves to the column, the throng increasing in numbers as the destination was neared.

Once at Laguna Negra, Meriwether directed that his tent be pitched near the shore of the lake, and the dragoons were encamped close by. At one o'clock the council was opened in a ramada constructed of cedar boughs. This enclosure, orginally intended for the negotiators, was quickly filled to overflowing by a wave of Navajos who crowded in, threatening to destroy the flimsy structure.5 Every band (except Sandoval's6) that the Anglos had ever had contact with, was represented at this meeting, 1,500 - 2,000 buckskinned, mounted and armed warriors waited silently to hear the words of the governor.

Before the talk opened, tobacco was passed around to the assembled headmen, who quickly made cigarritos, which they smoked with "great gravity and gusto". Following the smoke the council commenced, with the governor speaking through two interpreters to the Navajos:

"I have come here to meet the Navajos, and I am glad to see so many present. I am glad the Navajos and the whites have been at peace so long a time and hope they will remain at peace. I have come to see you and agree upon a country the Navajos and whites may each have, that they may not pasture their flocks on each other's lands. If we have a dividing line so that we know what each other's country is, it will keep us at peace. I will explain the kind of a treaty I desire to make with you, and when I am through I want you to counsel with each other whether you will agree to such a treaty, and grant an answer in the morning."

Meriwether explained fully the terms of the proposed treaty, carefully pointing out what the Navajos would gain by signing such an agreement, a reservation designated by the President of the United States, annuities, and the protection by the government for New Mexican encroachments. Upon completion of the governor's speech, the council disbanded, and the remainder of the day was devoted to trading, horse racing, and gambling.

The following morning the Navajos again gathered in great numbers, many of whom sat, as recorded by Secretary Davis, "so immovable upon their horses that man and beast seemed but one animal". During the morning the chiefs considered the propositions made the day before. Having determined to accept the terms, twenty of them came to Meriwether and announced the fact, and the council again opened. Before the business of treaty making could be taken up, however, the council had to pause long enough to select a new spokesman.

Zarcillas Largas had tendered his resignation to Governor Meriwether. Turning over his official staff of office and medal, the chief informed the governor that he was too old to govern his people. Meriwether, accepting the resignation, requested the assembly to select a man to fill Largas' place. The choice fell upon a war chief known as Hastin Chilhajin (Navajo for "Man of Blackweed"). In the years to come, this headman would be called "Holy Boy", or more commonly "Manuelito", and would lead his people through many troublous times. Manuelito, however, would not accept the staff of his predecessor. Nor would he allow the medal to be suspended from his neck by the same string which Zarcillas Largas had used. To do so, he insisted, would render his influence over his people ineffectual. Therefore, Meriwether presented his own steel cane to the chief, and had the medal restrung.7 The council then resumed, with Manuelito acting as spokesman for the Navajos. Governor Meriwether opened the talk by reminding the Navajos of the propositions of the day before:

"Yesterday I made known the terms of the proposed treaty and I now want to know whether you all agree to said terms". In response, Manuelito answered the governor, "We are content with what you have proposed, and will agree to the terms you have mentioned".

"I will now have the terms of the treaty reduced to writing so that we can not forget what its contains," informed the governor. "My clerk will now go to work to reduce the treaty to writing, and we will sit here and smoke until it is finished."

"It is all good", said Manuelito in agreement with the governor's action. The Navajo, showing pangs of remorse for the actions of his people when they crowded into the ramada the day before added, "We are sorry our people treated you badly yesterday, and I am ashamed to show myself. I am now appointed in place of Zarcillas Largas, and conditions will be different."

"The boys only behave badly," said Meriwether, acknowledging Manuelito's apologies. The governor, turning to one of the interpreters, instructed him to ask the assembled headmen if they were willing to follow the decisions of Manuelito, and to signify their approval of the new chief by raising their hands. All the headmen unanimously sustained the choice of Manuelito as their spokesman in all future negotiations.8

The treaty having been "reduced" to writing, the governor proceeded to read it, the interpreters translating the document article by article into Navajo. After each major point, the Navajos were asked if they understood and agreed to its contents. The Navajos answered in the affirmative until the fourth article was reached. This portion of the treaty set forth the country assigned to the tribe. Although it officially assigned to the Diné their traditional country, it specified exact boundaries. The western limits were defined as a line running approximately from the present location of the San Juan River (north of present day Kayenta), to the confluence of Chevalon Creek and the Little Colorado between present day Holbrook and Winslow, Arizona. The eastern boundary, and by far the most important, was set off by a line following the San Juan from the "Four Corners area" to Cañon Largo, thence southwesterly to the Zuñi River at a point just east of the Pueblo of Zuñi.9

The Meriwether Treaty stipulated that the Navajos would give up their claim and title to all lands east of Chaco Cañon in the north, and Agua Azul (Spanish for "Blue Water") in the center, and to the south of Zuñi. After listening intently to the interpreter's explanation of the new boundaries, Manuelito stood and explained that his people claimed a much larger country than that set forth in the treaty. The chief was reluctant to give up this land, for it possessed many spots sacred to his people. The four mountains which marked the traditional limits of Navajoland were within the restricted area. As long as he and his people could remember, they had journeyed to the salina near Zuñi to gather salt. This precious substance would now be restricted to them. Meriwether, attempting to soothe the worries of Manuelito and the other headmen, traced the new tribal boundaries upon a map prepared by Lieutenant Parke of the Topographical Engineers. With the use of this map, incomprehensible as it might be to the Navajos, he pointed out that many of the Navajo's sacred areas were still within the reservation. He pointed to a peak situated close to the Rio San Juan, which was held in great reverence by the Navajos. Mount Polonia, he explained, was within the limits of the reserve, and he "hoped that this one sacred mountain would be sufficient." Furthermore, the tribe would be granted the privilege of gathering salt near Zuñi.10 The lands which the Diné had previously claimed, and which now would be ceded to the United States, would be paid for by the government in the form of yearly annuities, valued at $10,000. After some consultation with the headmen, Manuelito agreed to accept the boundary. The governor then continued reading and explaining the remaining portions of the treaty, the Navajos voicing their assent to each article until the ninth was reached. Here, Manuelito again interrupted the governor. Meriwether calling for the surrender by the tribe of all Navajos committing depredations, this article was very offensive to the assembled headmen. Manuelito explained that although the tribesmen had turned over malefactors before, it was all "very unpleasant to them." For any Navajo to attempt to force the surrender of another tribesman, would be to risk his own life, explained Manuelito. The Diné much preferred that the Americans come and claim such men, as this would not conflict with the social and ethical values of the tribe. In reply, Meriwether stated that if the Americans went into Navajo country to arrest the malefactors, they would not know the guilty from the innocent, and many would suffer much deliberation, the chiefs also agreed to this article, and the following day, July 18, was appointed for the official treaty signing.11

Thus the Diné received the first in a series of reservations which would gradually reduce their lands to but a fraction of what was traditionally theirs, and a continued effort to move the tribesmen westward. Meriwether, estimating tribal strength at eight to ten thousand souls, was of the opinion that the new limits was adequate to sustain them. The new reservation consisted of 7,000 square miles and held, in Meriwether's opinion, all the planting grounds of the Navajos.12 The annuities which the Navajos would receive were not as large in proportion to tribal population as the amount alloted for other tribes. But Meriwether believed that they would be sufficient, for as he wrote to the commissioner:

... the necessities of these Indians does not require the payment of a large sum annually to enable them to live in comfort and improve their condition. Indeed, these Indians may now be considered in a prosperous condition; they have a large number of horses and sheep, together with their domestic animals; have planted some four thousand acres of grain this season, and by another year will be able to raise a sufficient amount to feed the whole tribe plentifully, after which time I hope that they will have a surplus sufficient to supply the wants of Fort Defiance, which now has to be hauled over one hundred miles at great cost to the government.13

Concluding the Treaty of Laguna Negra, Meriwether promptly returned to Santa Fe. After a few days' rest in the capital, the governor left again to enact another treaty involving the interests of the Navajos. Ute Agent Lorenzo Labadie had assembled at Abiquiu principal men of the Capote Utes and Navajos residing along the San Juan. Governor Meriwether would meet with these headmen on August 8 in an attempt to settle difficulties existing between the two tribes.14

Footnotes

1. Manypenny to Meriwether, August 7, 1854; National Archives, Records of the New Mexico Superintendency, Record Group 75, Letters Received from Commissioners, 1854. See also: 34th Congress, 1st Session, House Executive Documents, Nos. 7-12.
2. Manypenny to Meriwether, March 16, 1855; 34th Congress, 1st Session, House Executive Document, Vol. I,Part I, pp. 526-528.
3. Department Commander, John Garland, had planned to accompany the party with an escort of troops. He was, however, detained by official business, and arrived a day or so later.
4. As early as May 24, 1855, Meriwether had issued orders to Henry Linn Dodge, directing the agent to assemble as many Navajos as he could at or near Fort Defiance, for a council which convene about July 10. Meriwether to Dodge, May 24, 1855; Superintendency Records, Letters received from agencies, 1855.
5. W.W.H. DAvis, El Gringo, pp. 231-232.
6. Sandoval's absence was attributed to his reluctance to make an appearance among is own people. His fellow tribesmen held he and his band in disrepute over the treacherous actions they had shown, by siding in the past with the Navajo's mortal enemies, the New Mexicans.
7. Davis, op. cit., pp. 232-234; see also "Notes of a Talk between Meriwether and the Navajos, July 16-17, 1855;" Superintendency Papers, LR. These notes were probasbly transcribed by W.W.H. Davis.
8. The dialogue herein presented, was set forth by W.W.H. Davis, in "Notes of a talk ...," ibid.
9. Charles C. Royce (comp.), "IndianLand Cessions in the United States," 18th Annual Report of the Bureau of American Ethnology, 1897, Vol. II, pp. 849-850.
10. Meriwether granted the Navajo permission to gather salt from the salina near Zuñi because it would not interfere with any vested rights. The lake was not within the grant claimed by the Pueblo of Zuñi; and by the laws of Spain and Mexico, all salt lakes in New Mexico were the common property of all inhabitants thereof. Meriwether to Manypenny, July 27, 1855; Superintendency Papers, LR
11. Davis, "Notes of a Talk ...," op. cit.
12. Despite the fact that Navajos were receiving 7,000 square miles of land, Meriwether estimated that the entire area did not contain over 125-130 square miles suitable for cultivation; and that this land was in small detached portions situated on cañon floors and along streams which afforded water for irrigation. Meriwether to Manypenny, July 27, 1855; ibid
13. Ibid.
14. 34th Congress, 1st Session, House Executive Document, Vol. I, Part I, pp. 510-511.

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