dence required to constitute a citizen. when. "and" is made use of, it follows, of selbst, dass nicht die Naturalization course, that not the naturalization allein, sondern ein dazu kommender alone, but an additional five years' fünfjähriger ununterbrochener Aufuninterrupted residence is required, enthalt erforderlich ist, um eine before a person can be regarded as Person als unter den Vertrag fallend coming within the treaty; but it is ansehen zu können, wobei übrigens The residence by no means requisite that the five keineswegs erforderlich sein soll, years' residence should take place dass der fünfjährige Aufenthalt erst after the naturalization. It is here- nach der Naturalization folgen by further understood that if a Bav- müsste. Doch wird hierbei anerkannt, arian has been discharged from his dass, wenn ein Bayer des bayerischBavarian indigenate, or on the other en Indigenates, oder andererseits side, if an American has been dis- ein Amerikaner der amerikanischen charged from his American citizen- Staatsangehörigkeit, in der gesetzship in the manner legally pre- lich vorgeschriebenen Weise von scribed by the government of his der Regierung seines bisherigen original country, and then acquires Vaterlandes entlassen worden ist, naturalization in the other country und sodann die Naturalization in in a rightful and perfectly valid dem anderen Staate in rechtlicher manner, then an additional five Weise und vollkommen giltig erlangt years' residence shall no longer be hat, dann ein noch hinzukommender required, but a person so naturalized fünf jähriger Aufenthalt nicht mehr shall from the moment of his nat- erforderlich sein soll, sondern ein uralization be held and treated as a solcher Naturalisirter vom MoBavarian, and reciprocally as an mente seiner Naturalization an, als American citizen. bayerischer, und umgekehrt, ame2. The words "resided uninter-rikanischer Angehöriger erachtet ruptedly" are obviously to be un- und behandelt werden soll. derstood, not of a continued bodily presence, but in the legal sense, and therefore a transient absence, a journey, or the like, by no means interrupts the period of five years contemplated by the first article. Residence. 2. Die Worte "ununterbrochen zugebracht" sind selbstverständlich nicht im körperlichen sondern im juristischen Sinne zu nehmen, und desshalb unterbricht eine momentane Abwesenheit, eine Reise, oder dergleichen, keineswegs die fünfjährige Frist, welche der Artikel I. im Sinne hat. II. ZU ARTIKEL II. DES VER TRAGES. 1. Es wird anerkannt, dass eine nach Artikel I. als Angehörige des andern Staates zu erachtende Person bei ihrer etwaigen Rückkehr in ihr früheres Vaterland auch nicht wegen des etwa durch seine Auswanderung selbstbegangenen Reatus einer Strafe unterworfen werden kann, und selbst nicht später wenn sie die neu erworbene Staatsangehörigkeit wieder verloren haben sollte. III. RELATING TO ARTICLE FOUR III. ZU ARTIKEL IV. DES VER Ruhe und Ordnung im Lande their laws for protection against | Sicherungsmassregeln gegen solche 2. It is hereby agreed that when a Bavarian naturalized in America and reciprocally an American naturalized in Bavaria takes up his abode once more in his original country without the intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on the contrary, in so far as it relates to Bavaria, it depends on his Majesty, the King, whether he will, or will not in that event grant the Bavarian citizenship anew. The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship; but not that the state to which the emigrant originally belonged is bound to restore him at once to his original relation. On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by its laws and regulations, and must acquire citizenship anew, exactly like any other alien. But yet it is left to his own free diess gern bereit, in solchen Fällen, 2. Es wird anerkannt, dass ein in Der Artikel IV. soll demnach nur Exchange of ratifications. Proclamation. selbe, wie jeder andere Fremde, neu zu erwerben. Doch soll es in seinem freien Ermessen liegen, ob er diesen Weg einschlagen, oder seine bisher erworbene Staatsangehörigkeit beibehalten will. choice, whether he will adopt that | Vaterland zu bewerben und die- Die beiden Bevollmächtigten ertheilen sich gegenseitig die Zusicheung, dass ihre Regierungen mit der Ratifikation des Vertrages zugleich auch die im gegenwärtigen Protocolle enthaltenen Verabredungen und Erläuterungen ohne weitere förmliche Ratifikation derselben, als genehmigt ansehen und aufrecht erhalten werden. [SEAL.] DR. OTTO FHR. VON VÖLDERNDORFF. And whereas the said treaty has been duly ratified on both parts, and the respective ratifications were exchanged at Munich the 18th day of September last : Now, therefore be it known that I, ANDREW JOHNSON, President of the United States of America, have caused the said treaty to be made public to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the city of Washington, this 8th day of October, in the year [SEAL] of our Lord one thousand eight hundred and sixty eight, and of the Independence of the United States the ninety-third. ANDREW JOHNSON. Treaty between the United States of America and the Navajo Tribe of ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING: WHEREAS a treaty was made and concluded at Fort Sumner, in the Territory of New Mexico, on the first day of June, in the year of our Lord one thousand eight hundred and sixty-eight, by and between Lieutenant-General W. T. Sherman and Samuel F. Tappan, commissioners, on the part of the United States, and Barboncito, Armijo, and other chiefs and headmen of the Navajo tribe of Indians, on the part of said Indians, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: June 1, 1868. Preamble. Articles of a treaty and agreement made and entered into at Fort Sum- Contracting ner, New Mexico, on the first day of June, one thousand eight hundred parties. and sixty-eight, by and between the United States, represented by its commissioners, Lieutenant-General W. T. Sherman and Colonel Samuel F. Tappan, of the one part, and the Navajo nation or tribe of Indians, represented by their chiefs and headmen, duly authorized and empowered to act for the whole people of said nation or tribe, (the names of said chiefs and headmen being hereto subscribed,) of the other part, witness : ARTICLE I. From this day forward all war between the parties to Peace and this agreement shall forever cease. The government of the United States friendship. desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to keep it. Offenders among the If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person whites to be aror property of the Indians, the United States will, upon proof made to rested and punthe agent and forwarded to the Commissioner of Indian Affairs at Wash- ished; ington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also to reimburse the injured persons for the loss sustained. among the Indians, to be given up to the If bad men among the Indians shall commit a wrong or depredation upon the person or property of any one, white, black, or Indian, subject to the authority of the United States and at peace therewith, the Navajo United States, tribe agree that they will, on proof made to their agent, and on notice by or, &c. him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws; and in case they wilfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities or other moneys due or to become due to them under this treaty, or any others that may be made with the United States. And the President may prescribe such rules and regulations for ascertaining damages under certaining damthis article as in his judgment may be proper; but no such damage shall be adjusted and paid until examined and passed upon by the Commissioner Rules for as age. Reservation boundaries. Who not to reside thereon. Buildings to be erected by ⚫he United States. Agent to make his home and reside where. His duties. Heads of fam ílies desiring to commence farming may select lands, &c. of Indian Affairs, and no one sustaining loss whilst violating, or because of his violating, the provisions of this treaty or the laws of the United States, shall be reimbursed therefor. ARTICLE II. The United States agrees that the following district of country, to wit: bounded on the north by the 37th degree of north latitude, south by an east and west line passing through the site of old Fort Defiance, in Cañon Bonito, east by the parallel of longitude which, if prolonged south, would pass through old Fort Lyon, or the Ojo-de-oso, Bear Spring, and west by a parallel of longitude about 109° 30' west of Greenwich, provided it embraces the outlet of the Cañon-de-Chilly, which cañon is to be all included in this reservation, shall be, and the same is hereby, set apart for the use and occupation of the Navajo tribe of Indians, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit among them; and the United States agrees that no persons except those herein so authorized to do, and except such officers, soldiers, agents, and employés of the government, or of the Indians, as may be authorized to enter upon Indian reservations in discharge of duties imposed by law, or the orders of the President, shall ever be permitted to pass over, settle upon, or reside in, the territory described in this article. ARTICLE III. The United States agrees to cause to be built, at some point within said reservation, where timber and water may be convenient, the following buildings: a warehouse, to cost not exceeding twenty-five hundred dollars; an agency building for the residence of the agent, not to cost exceeding three thousand dollars; a carpenter shop and blacksmith shop, not to cost exceeding one thousand dollars each; and a school-house and chapel, so soon as a sufficient number of children can be induced to attend school, which shall not cost to exceed five thousand dollars. ARTICLE IV. The United States agrees that the agent for the Navajos shall make his home at the agency building; that he shall reside among them, and shall keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint by or against the Indians as may be presented for investigation, as also for the faithful discharge of other duties enjoined by law. In all cases of depredation on person or property he shall cause the evidence to be taken in writing and forwarded, together with his finding, to the Commissioner of Indian Affairs, whose decision shall be binding on the parties to this treaty. ARTICLE V. If any individual belonging to said tribe, or legally incorporated with it, being the head of a family, shall desire to commence farming, he shall have the privilege to select, in the presence and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding one hundred and sixty acres in extent, which tract, when so selected, certified, and recorded in the "land book" as Effect of such herein described, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it. Any person over eighteen years of age, not being the head of a family, may in like manner select, and cause to be certified to him or her for purposes of cultivation, a quantity of land, not exceeding eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed. selection. Persons not hends of families. Certificate of selection to be delivered, &c.; For each tract of land so selected a certificate containing a description thereof, and the name of the person selecting it, with a certificate endorsed thereon, that the same has been recorded, shall be delivered to the to be record-party entitled to it by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the "Navajo Land Book." |