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Articles of a treaty made and concluded at Council Springs ... Texas ... this 15th day of May, A.D. 1846, between P.M. Butler and M.G. Lewis, commissioners on the part of the United States of the one part and the undersigned chiefs, counsellors, and warriors of the Comanche, I-on-i, Ana-da-ca, Cadoe online

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Online LibraryUnited StatesArticles of a treaty made and concluded at Council Springs ... Texas ... this 15th day of May, A.D. 1846, between P.M. Butler and M.G. Lewis, commissioners on the part of the United States of the one part and the undersigned chiefs, counsellors, and warriors of the Comanche, I-on-i, Ana-da-ca, Cadoe → online text (page 1 of 1)
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JAMES K. POLK,

PRESIDENT OF THE UNITED STATES OF AMERICA,

&o all anb singular to toljom iljcsc presents sljall c0me, (Smiing :

Whereas a treaty \vas made and concluded at Council Springs,
in the county of Robinson, Texas, near Ihe Brazos river, on the
fifteenth day of May, A. D. one thousand eight hundred and for
ty-six, between P. M. Butler and M. G. Lewis, commissioners
on the part cf the United States of America, of the one part, and
the chiefs, counsellors, and warriors of the Comanche, I-on-i, Ana-
da-ca, Cadoe, Lepan, Long-wha, Keechy, Tah-wah-carro, Wichi
ta, and Wacoe tribes of Indians, and their associate bands, in be
half of their said tribes, of the other part ; which treaty is word
for word, as follows, viz :



Articles of a treaty made and con
cluded at Council Springs, in the
Bounty of Robinson, Texas, near the
Brazos river, this 15th day of May,
A. D. 1846, between P. M. Butler
and M. G. Lewis, commissioners on
the part of the United States of the
one pail, and the undersigned chiefs,
counsellors, and warriors of the Co-
manche, I-on-i, Ana-da-ca, Cadoe,
Lepan, Long-wha, Keechy, Tali-
wa-carro, Wichita, and Wacoe
tribes of Indians and their associate
bands in behalf of their said tribes,
on the other part.

ARTICLE I.

The undersigned, chiefs, warriors,
and counsellors, for themselves and
their said tribes or nations, do hereby
acknowledge themselves to be under
the protection of the United States, and
of no other power. State, or sovereign
ty whatever.



ARTICLE II.

It is stipulated and agreed by the
said tribes or nations, and their associ
ate bands, that the United States shall
have the sole arid exclusive right of
regulating trade and intercourse with
them, and they do hereby respectively
engage to afford protection to such per
sons, with their property, as shall be
duly licensed to reside among them for
the purpose of trade and intercourse,
and to their agents and servants, but no
person shall be permitted to reside a-
mong them as a trader, who is not fur
nished with a license for that purpose,
under the hand and seal of the superin
tendent to be appointed by the President
of the United States or such other per
son as the President shall authorize to
grant such licenses, to the end that said

c> '

Indians may not be imposed on in their
trade; and if any licensed trader shall
abuse his privilege by unfair dealing,
upon complaint by the chiefs to their






agents, and proof thereof, his license
shall be taken from him, and lie shall
be further punished according to the
laws ot the United States ; and if any
persen shall intrude himself as a trader
without such license, upon complaint
he shall be dealt with according to law.

ARTICLE III.

The United States reserves to itself
the right of working such mines as may
be found within the Indian territory.
and the said tribes pledge themselves to
protect such persons as the President
of the United States may send among
them for that purpose. In order to
guard against the perpetration of frauds
upon the Indians, under pretext of
hunting and working mines, no person
shall be permitted to go among them
for that purpose, except by express li
cense from the President of the United
States.

ARTICLE IV.

The said tribes and their associate
bands, agree to deliver by the first day
of November next, to the superintend
ent of Indian affairs, to be appointed
by the President, at such place as he
may direct, due notice of which shall
be given to the said tribes, all white
persons, and negroes, who are now
prisoners among any of the said tribes
or nations, for which the United States
agree to make to them a fair compensa
tion; and the United States further
agree to make all the prisoners taken
from said tribes by Texas or the Unit
ed States, shall be delivered up to the
said tribes, at the same time, and place
without charge. And when any mem
ber of any of said tribes or nations, and
their associate bands, having in his pos
session an American prisoner or prison



ers, white or black, shall refuse to give
them up, the President of the United
States shall have the privilege of send
ing among said tribes or nations such
force as he may think necessary to take
them ; and the chiefs of the nations or
tribes, parties to this treaty, pledge
themselves to give protection and as
sistance to such persons as may be sent
among them for this purpose.

ARTICLE V.

The said tribes or nations shall have
the right of sending delegates to the city
of Washington whenever they may
think their interest requires it.

ARTICLE YI.

The said tribes and their associate
bands pledge themselves to give notice
to the agent of the Uniled States, resid
ing near them, of any designs which
they may know or suspect to [be] form
ed in any neighboring tribe, or by any
person whatever, against the peace and
interests of the United States.

ARTICLE VII.

It is agreed that if any Indian or In
dians shall commit a murder or robbe
ry on any citizen of the United States,
the tribe or nation, to which the offend
er belongs shall deliver up the person
or persons so complained of on com
plaint being made to their chief, to the
nearest post of the United States, to the
end that he or they may be tried, and
if found guilty, punished according to
the law of the State or Territory where
such offence may have been committed.
In like manner, if any subject or citi
zen of the United States shall commit
murder or robbery on any Indian or
Indians of the said tribes or nations, up-



on complaint thereof to the agent resid
ing near them, he or they shall be ar
rested, tried, and punished according
to the law of the State or Territory,
where such offence may have been
committed.

ARTICLE VIII.

The practice of stealing horses has
prevailed very much to the great dis
quiet of the citizens of the United
States, and, if persisted in, cannot fail
to involve both the United States and
the Indians in endless strife. It is
therefore agreed that it shall be put an
entire stop to on both sides. Neverthe
less, should bad men in defiance of this
agreement, continue to make depreda
tions of that nature, the person convict
ed thereof shall be punished with the
utmost severity according to the laws



tion, locate upon their borders, trading
houses, agencies and posts. In con
sideration of the friendly disposition of
said tribes, evidenced by the stipula
tions in the present treaty, the commis
sioners of the United States, in behalf
of the said States, agree to give to the
said tribes or nations goods as presents,
at this time, and agree to give presents

in goods to them to the amount of

next fall, at the Council Springs, on
the Brazos, where this council is now
held, or at some other point to be desig
nated, and of which due notice shall be
given to said tribes.

ARTICLE X.

The said tribes or nations and their
associate bands are now, and forever
agree to remain, at peace with the Uni-



(e d States. All animosities for past of-
of the State or Territory where the of- fences are hereby mulually f orgiven
fence may have been committed: and all and for , o(ter)} and the parties to this
horses so stolen, either by the Indians treaty pled , e themselves to carry h into
from the citizens of the United States,
or by the citizens of the United States
from any of the said tribes or nations
into whose possession soever they may

have passed, upon due proof of rightful

ownership, shall be restored; and the

chiefs of said tribes or nations shall

o-ive all necessary aid and protection to

citizens of the United States in reclaim-

ing and recovering such stolen horses ;

and the civil magistrates of the United

States respectively shall give all neces

sary aid and protection to Indians in

claiming and

horses.



recovering such stolen



ARTICLE IX.

For the protection of said Indians
and for the purpose of carrying out the
stipulations of this treaty more effectu
ally, the President shall, at his discre-



full execution, in good faith and sin
cerity.

ARTICLE XI.

And the said tribes and their associ
ate bands, are now, and agree to remain
friendly with such tribes as are now at
peace with the United States, residing
upon the waters of the Arkansas, Mis
souri, and Red rivers.

ARTICLE XII.

If any person or persons shall intro
duce ardent spirits or intoxicating li
quors of any kind, among said tribes
or nations, such person or person shall
be punished according to the laws of
the United States, and the said tribes
or nations agree to give immediate no
tice to the agenf of the United States



residing near them, and to prevent by
tiny means in their po\ver the violation
of this article of treaty.

ARTICLE XIII.

It is further agreed thai blacksmiths
shall be sent to reside amon<r the said
tribes or naiions to keep their mins mid
farming utensils in order, as lonn and
ia such manner as the President may
think proper. It. is further agreed that
school teachers, at the discretion of the
President, shall be sent among the said
tribes or nations for the purpose of in-
Bt meting them; and the said tribes or na
tions agree that preachers of the gospel
may travel or reside among them by
permission of the President or his agents
to be appointed, and that ample protec



tion shall be a Horded thorn -in the dis
charge of their duties.

ARTK-LE XIV.

The said tribes or nations, parties to
this treaty, are anxious to be at peace
with all other tribes or nations, and it
is njjreed that the President shall use
his exertions in such manner as he may
think proper to preserve friendly rela
tions between the. different tribes or
nations parties to this treaty, arid all
other tribes of Indians under his juris
diction.

Given under our hands and seals this
day and date above.

P. M. BUTLKll, )

> U. S. Coin's.
M. G. LEWIS, \



Comanchcs.

Puh-ha-u-ca, or the Anorous Man,
Alo-pe-chu-co-pe, or Old Owl,
Cush-un-a rah-ali, or Ravisher,
Ka-bali ha-moo, or Wont Smoke,
O-ka-art-su or Rope Cutter,
Moo ra-que-top, or Nasty Mule,
Tu-bup-pua-ta, or the Winner,
Kai-tia-tah, or Little,
Kai-he-na-mon-rah, Blind Man,
Ao-chu-cah, Birdshouse,
Pah-inoo-wah-tah. No Tobacco,
Mon-ne-con-nah-heh, Ring,
Po-che-na-qua-heip, Buffalo Hump,
Santa Anna,
Sa ba-heit, Small Wolf,
Q,narah-ha-po-e, Atelope Road,
Ka-nah-u-mah-ka, Nearly dead,
Ish-a-me-a-qui, Travelling Wolf,
Mo-he -ka, Pole cat,
A-ka-chu-a-ta, No Horn,
Ka-he-na-bo-ne, Blind Man.
.Ma-war-ra, The Lost,
Ke-wid-da-wip-pa, Toll Woman,
Pa-na-che, Missletoe,



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Wacoes.



We-ar-ras, Big Dog,
Hed-e-cok-isk, Double Barrelled,

Keeches.

Sa-sed-da-qua, Dead Man,
A-ko-ha-rai-at Pursuer,
Hens-ke-da-hick, Long Frock,
Uks-que-ra-qua-ar-da, House Keeper,
Ha-wi-da-sai-kish, Man Killer,
No-cur- ra-oh-to-a-wa, Loud Talker,
To-ka-rah, Black House,
Ken-di ash-ush-sa, Narrow Escape.

lonkaways.

Ha-set-ta ; Sitting by a River, (Campo.)

Ha-shu-ka-nah, Can't Kill Him, Placedon,

Cha-al-lah, Strong Man, (Jose,)

Ka-sa, A Worshipper,

Tron-ke-la, Thunder,

Nic-co-na-nah, Killed an Indian on the Hill,

Hose-Marea, or Aish,

Be-cin-ta,

Shell Chief, or Tow-a-ash,

Bin-chah.

Chick-a saw-che,



Wichelas.



To-sa-quash, White Tail,
Cho-wash-ta-ha-da, Runner,
Kow-wah, Shirt Tail,
Wich-qua-sa-is, Contrary,
His-si-da-wah, Stubborn,



Towa-karroes .



Ke-chi-ko-ra-ko, Stubborn,
Nes-ho-chil-lash, Traveller,
Na-co-ah, Dangerfield,
Ka-ra-ko-ris, Deceiver,
Ha-ke-di-ad-ah, Gallant Man ,



[his x mark,
[his x mark.



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Wha-cha-ash-da, Looker-on,
\\ ash-le-doi ro ka, Don't you do so,
Te-ah-kur-ruh, Lightman,
Sar-rah-de-od-a-sa, Straight Looker,

\\'acoes.

A-qua-gosh, Short Tail,
Ho-hed-orah, Long ways over the river,
Chos-toch-ka-a-wah., Charger,
Cha-to-wait, Ghost.



[his x mark.
[his x mark.
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[his x mark.
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Thomas J Wilson,
Isaac H. Du Val,



>



Sccretarjes



Robt. S. Neighbors, ]

Hugh Rose,

Jno. H. Rollins, Witness^.

Thomas .1. Smith,

E. Morehouse, j

his

Louis x Sanches,
mark.

his

John x Conner, \ Interpreters.
mark.
his

Jim x Shaw,
mark. j



And whereas, the said treaty having
been submitted to the Senate of the Uni
ted States, for its constitutional action
thereon, the Senate did, on the fifteenth
day of February, one thousand eight
hundred and forty-seven, resolve as
follows, viz:

Resolved, (two-thirds of the Sena
tors present concurring,) That the
Senate advise and consent to the ratifi
cation of the articles of a treaty made
and concluded at Council Springs, in
the county of Robinson, Texas, near
the Brazos river, the 15th day of May,
A. D. 1816, between P.M. Butler and
M. G. Lewis, commissioners on the
part of the United States, of the one



part, and the undersigned chiefs, coun*
sellers, and warriors of the Comanchej
I-on-i, Ana-da-ca, Cadoe, Lepan, Long-
\v r ha, Keechy, Sah-wah-carro, Wich
ita, and Wacoe tribes of Indians, and
their associate bands, in behalf of their
said tribes, on the other part, with the
following amendments:

Strike out the third article of the
treaty in the following words :

"ARTICLE III.

The United States reserves to itself
the right of working such mines as may
be found within the Indian territory :
and the said tribes pledge themselves
to protect such persons as the President



of the United States may send among "ARTICLE V.
them for that purpose. In order to

guard against the perpetration of frauds The said tribes or nations shall have

upon the Indians, under pretext of the right of sending delegates to the city

hunting and working mines, no person of Washington, whenever they may

shall be permitted to go among them think their interest requires it."

for that purpose, except by express li- In article 9, line 10, after the word

cense from the President of the United "of," insert ten thousand dollars.

States." ^ n ar ticle 9, line 11, strike out the

words "next fall," and insert, at such

Strike out the fifth article of the time as the President of the United

treaty in the following words : States may think proper.

Now, THEREFORE, be it known that J, JAMES K. POLK,
President of the United States of America, do, in pursuance
of the advice and consent of the Senate, as expressed in their res
olution of the fifteenth day of February, one thousand eight hun
dred and forty-seven, accept, ratify and confirm the said treaty
with the amendments, set forth in the said resolution.

In testimony whereof, I have caused the seal of the United
States to be hereunto affixed, having signed the same with my
hand.

DONE at the City of Washington, the eighth day of
March, in the year of our Lord one thousand
eight hundred and forty-seven, and of the Independ
ence of the United States of America, the seventy-
first.

JAMES K. POLK.
BY THE PRESIDENT :

JAMES BUCHANAN,

Secretary of Stale.






1

Online LibraryUnited StatesArticles of a treaty made and concluded at Council Springs ... Texas ... this 15th day of May, A.D. 1846, between P.M. Butler and M.G. Lewis, commissioners on the part of the United States of the one part and the undersigned chiefs, counsellors, and warriors of the Comanche, I-on-i, Ana-da-ca, Cadoe → online text (page 1 of 1)