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1847.

COMANCHES AND OTHER TRIBES.

Treaty with the

other tribes

15th, 1846.

JAMES K. POLK,

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 Council Springs, in the county of Robinson, Texas, near the Brazos river, on the fifteenth day of May, A. D. one thousand eight hundred and forty-six, between P. M. Butler and M. G. Lewis, commissioners on the part of 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, Wichita, and Wacoe tribes of Indians, and their associate bands, in behalf of their said tribes, of the other part; which treaty is, word for word, as follows, viz:

Articles of a treaty made and concluded at Council Springs, Comanches and in the county of Robinson, Texas, near the Brazos river, this concluded May 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, 1-on-i, Ana-da-ca, Cadce, Lepan, Long-whu, Keechy, Tah-wa-carro, Wichita, and Wacoe tribes of Indians and their associate bands, in behalf of their said tribes, on the other part.

Said tribes or

under the sole

ARTICLE I.

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

have the sole &

whatever.

ARTICLE II.

The U. S. to It is stipulated and agreed by the said tribes or nations, exclusive right and their associate bands, that the United States shall have to regulate trade the sole and exclusive right of regulating trade and interand intercourse course with them, and they do hereby respectively engage to with said tribes. afford protection to such persons, 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 to no person shall be permitted to reside among them as a reside among them as a trader trader, who is not furnished with a license for that purpose, who is not fur- under the hand and seal of the superintendent to be appointnished with a ed by the President of the United States, or such other perpurpose. son as the President shall authorize to grant such licenses,

license for that

to the end that said 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, Unfair dealingand proof thereof, his license shall be taken from him, and how punished. he shall be further punished according to the laws of the United States; and if any person shall intrude himself as a trader without such license, upon complaint he shall be dealt with according to law.

ARTICLE III.

the Senate.

The United States reserves to itself the right of working This article such mines as may be found within the Indian territory, and struck out by 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 license from the President of the United States.

ARTICLE IV.

delivered up.

ne

from said tribes

The said tribes and their associate bands agree to deliver All white perby the first day of November next, to the superintendent of sons and Indian affairs to be appointed by the President, at such place soners with said groes now prias he may direct, due notice of which shall be given to the Indians to be 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 compensation; and the United States further agree to make all the prisoners taken from said tribes by Texas or the United Persons taken States, shall be delivered up to the said tribes, at the same by Texas to be thne and place, without charge. And when any member of delivered up. any of said tribes or nations, and their associate bands, having in his possession an American prisoner or prisoners, white or black, shall refuse to give them up, the President of the United States shall have the privilege of sending 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 assistance 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 This article delegates to the city of Washington whenever they may the Senate. struck out by think their interest requires it.

ARTICLE VI.

The said tribes and their associate bands pledge them- The said tribes selves to give notice to the agent of the United States, re- to give notice

against

the

of any designs siding near them, of any designs which they may know or peace & inter suspect to [be] formed in any neighboring tribe, or by any esis of the U. S. person whatever, against the peace and interests of the United States.

Indians guilty

of murder or robbery to be delivered up.

ARTICLE VII.

It is agreed that if any Indian or Indians shall commit a murder or robbery on any citizen of the United States, the tribe or nation to which the offender belongs shall deliver up the person or persons so complained of, on complaint 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 Citizens of the manner, if any subject or citizen of the United States shall U. S. guilty of commit murder or robbery on any Indian or Indians of the bery of Indians said tribes or nations, upon complaint thereof to the agent to be punished residing near them, he or they shall be arrested, tried, and according punished according to the law of the State or Territory where such offence may have been committed.

murder or rob

law.

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Horse stealing

ARTICLE VIII.

The practice of stealing horses has prevailed, very much to the great disquiet 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. Nevertheless, should bad men, in defiance of this agreement, continue How punished. to make depredations of that nature, the person convicted thereof shall be punished with the utmost severity according to the laws of the State or Territory where the offence may All stolen hor- have been committed; and all horses so stolen, either by the Indians 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 give all necessary aid and protection to citizens of the United States in reclaiming and recovering such stolen horses; and the civil magistrates of the United States respectively shall give all necessary aid and protection to Indians in claiming and recovering such stolen horses.

ses to be restored.

ARTICLE IX.

For the protection of said Indians and for the purpose of carrying out the stipulations of this treaty more effectually, Trading hou- the President shall, at his discretion, locate upon their boragencies, ders trading houses, agencies, and posts. In consideration and posts to be of the friendly disposition of said tribes, evidenced by the borders. stipulations in the present treaty, the commissioners of the

ses,

located on 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, This blank where this council is now held, or at some other point to be filled by the Senate with $10,designated, and of which due notice shall be given to said 000. tribes.

ARTICLE X.

The said tribes or nations and their associate bands are Perpetual peace now, and forever agree to remain, at peace with the United between the U. States. All animosities for past offences are hereby mutu- States and said ally forgiven and forgotten, and the parties to this treaty pledge themselves to carry it into full execution, in good faith and sincerity.

ARTICLE XI.

tribes.

And the said tribes and their associate bands are now, Said tribes to and agree to remain, friendly with such tribes as are now at remain at peace peace with the United States, residing upon the waters of wim Indians the Arkansas, Missouri, and Red rivers.

ARTICLE XII.

friendly to the U. States.

Penalty for

If any person or persons shall introduce ardent spirits or intoxicating liquors of any kind among said tribes or na- the introduction tions, such person or person shall be punished according to of ardent spirthe laws of the United States, and the said tribes or nations its or intoxicating liquors into agree to give immediate notice to the agent of the United the Indian States residing near them, and to prevent by any means in country. their power the violation of this article of treaty.

ARTICLE XIII.

side

tribes.

It is further agreed that blacksmiths shall be sent to reside Blacksmiths among the said tribes or nations to keep their guns and farm- to be sent to reing utensils in order, as long and in such manner as the Preamong said sident may think proper. It is further agreed that school teachers, at the discretion of the President, shall be sent School teachamong the said tribes or nations for the purpose of instruct-ers to be sent among said ing them; and the said tribes or nations agree that preach- tibes; and ers of the gospel may travel or reside among them by per- preachers of the mission of the President or his agents to be appointed, and gospel may trathat ample protection shall be afforded them in the discharge among them.

of their duties.

ARTICLE XIV.

vel and reside

The said tribes or nations, parties to this treaty, are anx- The President ious to be at peace with all other tribes or nations, and it is to use his exer tions to preagreed that the President shall use his exertions in such man- sei ve peace be think may proper to preserve friendly relations be- tween

ner as he

said

tribes and all tween the different tribes or nations parties to this treaty, other Indian and all other tribes of Indians under his jurisdiction.

tribes.

Signed 15 May, Given under our hands and seals this day and date above.
P. M. BUTLER,
M. G. LEWIS,

1846.

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U. S. Commissioners.

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