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Tehuacana Creek Treaty

October 9, 1844

Treaty of Peace, Friendship and Commerce

Between the Republic of Texas and the Comanche, Keechi, Waco, Caddo, Anadarko, Ioni, Delaware, Shawnee, Cherokee, Lipan and Tawakoni tribes of Indians, concluded and signed at Tehuacana Creek, on the 9th day of October in the year one thousand eight hundred and forty four.

Whereas, in time past hostilities have existed and war been carried on between the white and red men of Texas, to the great injury of both; and whereas, a longer continuance of the same would lead to no beneficial result, but increase the evils which have so long unhappily rested upon the two races; and whereas, both parties are now willing to open the path of lasting peace, friendship and trade, and are desirous to establish certain solemn rules for the regulation of their mutual intercourse:

Therefore, the commissioners of the Republic of Texas, and the Chiefs and head men of the before mentioned tribes of Indians, being met in council at Tehuacana Creek on the ninth day of October, in the Year 1844, have concluded, accepted, and agreed to and signed the following articles of treaty:

Article I

Both parties agree and declare, that they will forever live in peace, and always meet as friends and brothers. The tomahawk shall be buried, and no more blood appear in the path between them now made white. The Great Spirit will look with delight upon their friendship, and will frown in anger upon their enmity.

Article II

They further agree and declare, that the Government of Texas shall permit no bad men to cross the line into the hunting grounds of the Indians; and that if the Indians should find any such among them, they will bring him or them to some one of the agents, but not do any, harm to his or their person or property.

Article III

They further agree and declare, that the Indians will make no treaty with any nation at war with the people of Texas; and, also, that they will bring in and give up to some one of the agents of the Government of Texas, any and all persons who may go among them for the purpose of making or talking of war.

Article IV

They further agree and declare, that if the Indians know of any tribe who may be going to make war upon the people of Texas, or steal their property, they will notify the whites of the fact through some one of the agents, and prevent such tribe or tribes from carrying out their intentions.

Article V

They further agree and declare, that the Indians shall no more steal horses or other property from the whites; and if any property should be stolen, or other mischief done by the bad men among the tribes, that they will punish those who do so and restore the property taken to some one of the agents.

Article VI

They further agree and declare, that the Indians will not trade with any other people than the people of Texas, so long as they can get such goods as they need at the trading houses.

Article VII

They further agree and declare, that the Government of Texas shall establish trading houses for the convenience and benefit of the Indians, and such articles shall be kept for the Indian trade as they may need for their support and comfort.

Article VIII

They further agree and declare, that when peace is fully established between the white and the red people, and no more war or trouble exists, the Indians shall be supplied with powder, lead, guns, spears and other arms to enable them to kill game and live in plenty.

Article IX

They further agree and declare, that they will not permit traders to go among them unless they are sent by the Government of Texas, or its officers.

Article X

They further agree and declare, that the Indians will not sell any property to the whites, except such as are authorized to trade with them by the Government of Texas.

Article XI

They further agree and declare, that the President shall appoint good men to trade with the Indians at the trading houses, so that they may not be heated; and, also, that he shall appoint good men as agents who will speak the truth to the Indians and bear their talks to him.

Article XII

They further agree and declare, that if the trading houses should be stablished below the line, to be run and marked, the Indians shall be permitted to cross the line for the purpose of coming to trade.

Article XIII

They further agree and declare, that no whiskey, or other intoxicating ;liquor, shall be sold to the Indians or furnished to them upon any pretext, either within their own limits or in any other place whatsoever.

Article XIV

They further agree and declare, that the government of Texas shall make, such presents to the Indians as the President from time to time shall deem proper.

Article XV

They further agree and declare, that the President may send among the Indians such blacksmiths and other mechanics, as he may think best, for their benefit: and also that he may send schoolmasters and families for the purpose of instructing them in a Knowledge of the English language and Christian Religion, as well as other persons to teach them how to cultivate the soil and raise corn.

Article XVI

They further agree and declare, that if the President should at any time send men among them to work mines, or agents to travel with them over their hunting grounds, the Indians will treat them with friendship and aid them as brothers.

Article XVII

They further agree and declare, that hereafter, if the Indians go to war they will not kill women and children, or take them prisoners, or injure them in any way; and that they will only fight against warriors who have arms in their hands.

Article XVIII

They further agree and declare, that they never will, in peace or war, harm any man that carries a white flag; but receive him as a friend and let him return again to his people in peace.

Article XIX

They further agree and declare, that they will mutually surrender and deliver up all the prisoners which they have of the other party for their own prisoners; and that they will not be friendly with any people or nation, or enter into treaty with them, who will take prisoners from Texas. or do its citizens any injury.

Article XX

They further agree and declare, that if ever hereafter trouble should grow up between the whites and the Indians, they will immediately come with a white flag to some one of the agents and explain to him the facts; and he will send a messenger to the President, who will remove all trouble out of the path between the white and the red brothers.

Article XXI

They further agree and declare, that there shall be a general council held once a year, where chiefs from both the whites and the Indians shall attend. At the council presents will be made to the chiefs.

Article XXII

They further agree and declare, that the President may, make such arrangements and regulations with the several tribes of Indians a, he may think best for their peace and happiness.

The foregoing articles having been read, interpreted, and fully understood by the parties, theme, agree to and confirm the same by sealing and signing their several names.


(Seal)

Colonel Thomas I. Smith

Colonel John C. Neill

Commissioners

General Messrs E. Morehouse


PO-CHA-NA-QUAR-HIP (rubric) his X mark War Chief

MO-PE-CHU-CO-PE (rubric) his X mark Chief

Comanche CHOM-0-PARD-U-A' (rubric) his X mark

Chief ANO-HETCH, TOWEY Or

WHITE PLUME [FEATHER] (rubric) his X mark Keechi War Chief

TE-CAR-KE-QUACHE (rubric) his X mark Chief

ACA- QUASH (rubric) his X mark Chief NAR-HASH-TOW-EY or

LAME ARM (rubric) his X mark Chief Waco

CHARS-TUS-COW-OW (rubric) his X mark Chief

BINTAH (rubric) his X mark Chief Caddo

RED BEAR (rubric) his X mark Speaker

JOSE MARIA (rubric) his X mark Chief Anadarko

BEAD EYE (rubric) his X mark Chief Ioni

ST. LOUIS (rubric) his X mark Chief Delaware

ROASTING EAR (rubric) his X mark Chief

BLACK CAT (rubric) his X mark Chief Shawnee

NA-KA-WA (rubric) his X mark Captain

CAS-TE-A' (rubric) his X mark Captain Tawakoni

TE-YA-KAR-RA (rubric) his X mark Captain

CODEH (rubric) his X mark Captain

TAH-WIN (rubric) his X mark Captain Caddo

ISH-SHA-HO-MO (rubric) his X mark Captain

CHO WA (rubric) his X mark Captain

DECATER (rubric) his X mark Caddo Captain

Captain Chief

OAK-STAR-AR-LEE (rubric) his X mark Cherokee Chief

Chief RAMON CASTRO (rubric) his X mark Chief Lipan

CAPTAIN CHICO (rubric) his X mark Captain Chief

DANIEL G. WATSON

L. H. WILLIAMS

JESSE CHISHOLM his X mark

LUIS SANCHEZ


Interpreters

JAMES SHAW his X mark

VINCENTE his X mark

JOHN CONNER his X mark

BENJIMAN SLOAT

GEORGE W. ADAMS

ELI SMITH

R. H. PORTER


Witnesses

STEPHEN T SLATER

R. WILSON

JOHN F. TORREY

J. E. SMITH

WALTER WINN

Secretary to Commissioners




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