INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties    

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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TREATY WITH THE COMANCHE, ETC., 1835.

Aug. 24, 1835. | 7 Stat., 474. | Proclamation, May 19, 1836.

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Margin Notes
Peace and friendship.
Injuries, etc., forgiven.
Free passage through the Indian country.
Indemnity for horses, etc., stolen.
Proviso.
Hunting ground.
Injuries to goods, etc., to be paid for by Indians.
Other Indians on their grounds not to be molested.
Peace to be preserved.
Presents to be given to the Indians.
Relations with Mexico.
Obligatory when ratified.

Page 435

Treaty with the Comanche and Witchetaw Indians and their associated Bands.

FOR the purpose of establishing and perpetuating peace and friendship between the United States of America and the Comanche and Witchetaw nations, and their associated bands or tribes of Indians, and between these nations or tribes, and the Cherokee Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians, the President of the United States has, to accomplish this desirable object, and to aid therein, appointed Governor M. Stokes, M. Arbuckle Brigdi.-Genl. United States army, and F. W. Armstrong, Actg. Supdt. Western Territory, commissioners on the part of the United States; and the said Governor M. Stokes and M. Arbuckle, Brigdi. Genl. United States army, with the chiefs and representatives of the Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw nations or tribes of Indians, have met the chiefs, warriors, and representatives of the tribes first above named at Camp Holmes, on the eastern border of the Grand Prairie, near the Canadian river, in the Muscogee nation, and after full deliberation, the said nations or tribes have agreed with the United States, and with one another upon the following articles:

ARTICLE 1.

There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the Comanche and Witchetaw nations and their associated bands or tribes of Indians, and between these nations or tribes and the Cherokee, Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians.

ARTICLE 2.

Every injury or act of hostility by one or either of the contracting parties on the other, shall be mutually forgiven and forever forgot.

ARTICLE 3.

There shall be a free and friendly intercourse between all the contracting parties hereto, and it is distinctly understood and agreed by the Comanche and Witchetaw nations and their associated bands or tribes of Indians, that the citizens of the United States are freely permitted to pass and repass through their settlements or hunting ground without molestation or injury on their way to any of the provinces of the Republic of Mexico, or returning therefrom, and that each of the nations or tribes named in this article, further agree to pay the full value for any injury their people may do to the goods or property of the citizens of the United States taken or destroyed, when peaceably passing through the country they inhabit, or hunt in, or elsewhere. And the United States hereby guaranty to any Indian or Indians of either of the said Comanche or Witchetaw nations, and their associated bands or tribes of Indians, a full indemnification for any horses or other property which may be stolen from them: Provided, that the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States, and within the limits thereof.

ARTICLE 4.

It is understood and agreed by all the nations or tribes of Indians parties to this treaty, that each and all of the said nations or tribes have free permission to hunt and trap in the Great Prairie west of the Cross Timber, to the western limits of the United States.

ARTICLE 5.

The Comanche and Witchetaw nations and their associated bands or tribes of Indians, severally agree and bind themselves to pay full value for any injury their people may do to the goods or other property of such traders as the President of the United States may place near to their settlements or hunting ground for the purpose of trading with them.

Page 436

ARTICLE 6.

The Comanche and Witchetaw nations and their associated bands or tribes of Indians, agree, that in the event any of the red people belonging to the nations or tribes residing south of the Missouri river and west of the State of Missouri, not parties to this treaty, should visit their towns or be found on their hunting ground, that they will treat them with kindness and friendship and do no injury to them in any way whatever.

ARTICLE 7.

Should any difficulty hereafter unfortunately arise between any of the nations or tribes of Indians parties hereunto, in consequence of murder, the stealing of horses, cattle, or other cause, it is agreed that the other tribes shall interpose their good offices to remove such difficulties, and also that the Government of the United States may take such measures as they may deem proper to effect the same object, and see that full justice is done to the injured party.

ARTICLE 8.

It is agreed by the commissioners of the United States, that in consequence of the Comanche and Witchetaw nations and their associated bands or tribes of Indians having freely and willingly entered into this treaty, and it being the first they have made with the United States or any of the contracting parties, that they shall receive presents immediately after signing, as a donation from the United States; nothing being asked from these nations or tribes in return, except to remain at peace with the parties hereto, which their own good and that of their posterity require.

ARTICLE 9.

The Commanche and Witchetaw nations and their associated bands or tribes, of Indians, agree, that their entering into this treaty shall in no respect interrupt their friendly relations with the Republic of Mexico, where they all frequently hunt and the Comanche nation principally inhabit; and it is distinctly understood that the Government of the United States desire that perfect peace shall exist between the nations or tribes named in this article and the said republic.

ARTICLE 10.

This treaty shall be obligatory on the nations or tribes parties hereto from and after the date hereof, and on the United States from and after its ratification by the Government thereof.

Done, and signed, and sealed at Camp Holmes, on the eastern border of the Grand Prairie, near the Canadian river, in the Muscogee nation, this twenty-fourth day of August, one thousand eight hundred and thirty-five, and of the independence of the United States the sixtieth.

Montfort Stokes, [L. S.]

M. Arbuckle, Brigadier-General U. S. Army, [L. S.]

    Comanches:

Ishacoly, or the wolf, his x mark, [L. S.]

Queenashano, or the war eagle, his x mark, [L. S.]

Tabaqueena, or the big eagle, his x mark, [L. S.]

Pohowetowshah, or the brass man, his x mark, [L. S.]

Shabbakasha, or the roving wolf, his x mark, [L. S.]

Neraquassi, or the yellow horse, his x mark, [L. S.]

Toshapappy, or the white hare, his x mark, [L. S.]

Pahohsareya, or the broken arm, his x mark, [L. S.]

Pahkah, or the man who draws the bow, his x mark, [L. S.]

Witsitony, or he who sucks quick, his x mark, [L. S.]

Leahwiddikah, or one who stirs up water, his x mark, [L. S.]

Esharsotsiki, or the sleeping wolf, his x mark, [L. S.]

Pahtrisula, or the dog, his x mark, [L. S.]

Ettah, or the gun, his x mark, [L. S.]

Tennowikah, or the boy who was soon a man, his x mark, [L. S.]

Kumaquoi, or the woman who cuts buffalo meat, his x mark, [L. S.]

Taqquanno, or the amorous man, his x mark, [L. S.]

Kowa, or the stinking tobacco box, his x mark, [L. S.]

Soko, or the old man, his x mark, [L. S.]

    Witchetaws:

Kanostowah, or the man who don't speak, his x mark, [L. S.]

Kosharokah, or the man who marries his wife twice, his x mark, [L. S.]

Terrykatowatix, the riding chief, his x mark, [L. S.]

Tahdaydy, or the traveller, his x mark, [L. S.]

Hahkahpillush, or the drummer, his x mark, [L. S.]

Lachkah, or the first man in four battles, his x mark, [L. S.]

Learhehash, or the man who weans children too soon, his x mark, [L. S.]

Lachhardich, or the man who sees things done in the wrong way, his x mark, [L. S.]

Page 437

Noccuttardaditch, or the man who tries to excel the head chief, his x mark, [L. S.]

Katarded wadick, or the man who killed an enemy in the water, his x mark, [L. S.]

Losshah, or the twin, his x mark, [L. S.]

Taytsaaytah, or the ambitious adulterer, his x mark, [L. S.]

Tokaytah, or the summer, his x mark, [L. S.]

Musshakratsatady, or the man with the dog skin cap, his x mark, [L. S.]

Kipsh, or the man with one side of his head shaved, his x mark, [L. S.]

    Cherokees:

Dutch, his x mark, [L. S.]

David Melton, his x mark, [L. S.]

    Muscogees:

Roley McIntosh, his x mark, [L. S.]

Chilly McIntosh, [L. S.]

Cho-co-te-tuston-nogu, or marshal of the Cho-co-te-clan, his x mark, [L. S.]

Tus-ca-ne-ha, or the marshal, his x mark, [L. S.]

Tusly Harjoe, or crazy town, his x mark, [L. S.]

Alexander Lasley, his x mark, [L. S.]

Neha Harjoe, or crazy marshal, his x mark, [L. S.]

Tustunucke Harjoe, or crazy warrior, his x mark, [L. S.]

Powes Emarlo, or marshal of Powes clan, his x mark, [L. S.]

Cosa Yehola, or marshal of Cosa clan, his x mark, [L. S.]

Powes Yehola, or marshal of Powes clan, his x mark, [L. S.]

Toma Yehola, or marshal of Toma clan, his x mark, [L. S.]

Cosado Harjoe, or crazy Cosada, his x mark, [L. S.]

Neha Harjoe, or crazy marshal, his x mark, [L. S.]

Cosada Tustonnogee, or the Cosada warrior, his x mark, [L. S.]

Octiyachee Yehola, or marshal of Octiyachee clan, his x mark, [L. S.]

Nulthcup Tustonnogee, or the middle warrior, his x mark, [L. S.]

Ufala Harjoe, or crazy Ufala, his x mark, [L. S.]

Cholafixico, or a fox without a heart, his x mark, [L. S.]

Joseph Miller, his x mark, [L. S.]

Samuel Brown, his x mark, [L. S.]

Archi Kennard, his x mark, [L. S.]

Towannay, or the slender man, his x mark, [L. S.]

Saccasumky, or to be praised, his x mark, [L. S.]

Siah Hardridge, his x mark, [L. S.]

Warrior Hardridge, his x mark, [L. S.]

George Stedham, his x mark, [L. S.]

Itchhas Harjoe, or crazy beaver, his x mark, [L. S.]

Itchofake Harjoe, or crazy deer’s heart, his x mark, [L. S.]

Satockhaky, or the broad side, his x mark, [L. S.]

Semehechee, or hide it away, his x mark, [L. S.]

Hoyane, or passed by, his x mark, [L. S.]

Melola, or waving, his x mark, [L. S.]

Mateter, or the man who missed it, his x mark, [L. S.]

Billy, his x mark, [L. S.]

Tuskia Harjoe, or crazy brave, his x mark, [L. S.]

Aussy, or the pursuer, his x mark, [L. S.]

Tohoithla, or standing upon, his x mark, [L. S.]

John Hambly, [L. S.]

K. Lewis, [L. S.]

John Wynn, [L. S.]

David McKillap, [L. S.]

    Choctaws:

Musha-la-tubbee, or the man killer, his x mark, [L. S.]

Na-tuck-a-chee, or fair day, his x mark, [L. S.]

Par-chee-ste-cubbee, or the scalpholder, his x mark, [L. S.]

To-pi-a-chee-hubbee, or the painted face, his x mark, [L. S.]

Ya-cha-a-o-pay, or the leader of the warriors, his x mark, [L. S.]

Tus-qui-hola-tah, or the travelling warrior, his x mark, [L. S.]

Tic-eban-jo-hubbee, or the first for war, his x mark, [L. S.]

Nucke Stubbee, or the bullet that has killed, his x mark, [L. S.]

Toqua, or what you say, his x mark, [L. S.]

Po-sha-ma-stubbee, or the killer, his x mark, [L. S.]

Nuck-ho-ma-harjoe, or the bloody bullet, his x mark, [L. S.]

Thomas Mickie, his x mark, [L. S.]

Halam-be-sha, or the bat, his x mark, [L. S.]

Ok-chia, or life, his x mark, [L. S.]

Tus-ca-homa-madia, or the red warrior, his x mark, [L. S.]

Tun-up-me-a-moma, or the red man who has gone to war, his x mark, [L. S.]

Par-homa, or the red hoop, his x mark, [L. S.]

No-wah-ba, the man who kills the enemy when he meets him, his x mark, [L. S.]

Hisho-he-meta, or a young waiter, his x mark, [L. S.]

Cho-ma-la-tubbee, or the man who is sure his enemy is dead, his x mark, [L. S.]

Hokla-no-ma, the traveller in the town, his x mark, [L. S.]

William, his x mark, [L. S.]

Neasho Nubbee, he who knows where the enemy is killed, his x mark, [L. S.]

Jim, his x mark, [L. S.]

Eu-eck Harma, or the man who is never tired, his x mark, [L. S.]

Nat-la Homa, or the bloody man, his x mark, [L. S.]

Pia-o-sta, or to whoop four times, his x mark, [L. S.]

Pa-sha-oa-cubbee, or the man who puts his foot on the scalp, his x mark, [L. S.]

La-po-na, or the man who killed the enemy, his x mark, [L. S.]

A-mo-na-tubbee, or lying in wait to kill, his x mark, [L. S.]

Page 438

A-fa-ma-tubbee, or the man who kills every thing he meets, his x mark, [L. S.]

    Osages:

Fah-ha-la, or the leaping deer, his x mark, [L. S.]

Shone-ta-sah-ba, or the black dog, his x mark, [L. S.]

Wah-shin-pee-sha, or the wicked man, his x mark, [L. S.]

Tun-wan-le-he, or the town mover, his x mark, [L. S.]

Whoa-har-tee, or the war eagle, his x mark, [L. S.]

Me-tah-ne-gah, or the crazy robe, his x mark, [L. S.]

Wah-she-sho-hee, or the smart spirit, his x mark, [L. S.]

Ah-ke-tah, or the soldier, his x mark, [L. S.]

Weir-sah-bah-sha, or the hidden black, his x mark, [L. S.]

Ne-ko-jah, or the man hunter, his x mark, [L. S.]

Hor-tea-go, or like night, his x mark, [L. S.]

Wah-hah-tah-nee, or the fast runner, his x mark, [L. S.]

Wah-nah-shee, or the taker away, his x mark, [L. S.]

Ces-sah-ba, or the man in black, his x mark, [L. S.]

Es-kah-mar-ne, or the white horn, his x mark, [L. S.]

Kou-sah-she-la, or walking together, his x mark, [L. S.]

Tcha-to-kah, or the buffalo, his x mark, [L. S.]

O-ke-sah, or the man aside, his x mark, [L. S.]

Wah-she-wah-ra, or the stopper, his x mark, [L. S.]

Wah-ho-ba-shungee, ortheidolater, his x mark, [L. S.]

Tone-ba-wah-tcha-la, or hard to look at the sun rising, his x mark, [L. S.]

Shoe-chem-mo-nee, or the elk whistler, his x mark, [L. S.]

Wash-kah-cha, or the tumbler, his x mark, [L. S.]

Wah-ha, or the Pawnee chief's namesake, his x mark, [L. S.]

Wah-kee-bah-nah, or the hard runner, his x mark, [L. S.]

War-tcha-sheen-gah, or the scalp-carrier, his x mark, [L. S.]

O-shaun-ga-tun-ga, or the big path, his x mark, [L. S.]

Wah-hee-no-pee, or the bone necklace, his x mark, [L. S.]

Lee-sap-kah-pee, or the man who missed his enemy, his x mark, [L. S.]

Wah-to-ke-hak, or raw meat, his x mark, [L. S.]

Wah-wah-shee, or quick runner, his x mark, [L. S.]

Kah-he-ka-saree, or chief killer, his x mark, [L. S.]

O-lash-tah-ba, or plate-licker, his x mark, [L. S.]

Ma-ne-nah-shee, or the walker, his x mark, [L. S.]

Shaun-ga-mo-nee, or the fall chief, his x mark, [L. S.]

Tee-sha-wah-ra, or dry grass, his x mark, [L. S.]

Ne-kah-wah-shee-tun-gah, or the brave spirit, his x mark, [L. S.]

    Senecas:

Thomas Brant, his x mark, [L. S.]

Small Crout Spicer, his x mark, [L. S.]

Isaac, his x mark, [L. S.]

Mingo Carpenter, his x mark, [L. S.]

John Sky, his x mark, [L. S.]

Henry Smith, his x mark, [L. S.]

Little Town Spicer, his x mark, [L. S.]

Young Henry, his x mark, [L. S.]

Peter Pork, his x mark, [L. S.]

William Johnston, his x mark, [L. S.]

Big Bone, his x mark, [L. S.]

Big Isaac, his x mark, [L. S.]

Civil Jack, his x mark, [L. S.]

Ya-ga-ha, or the water in the apple, his x mark, [L. S.]

Cau-ya-que-neh, or the snow drift, his x mark, [L. S.]

Ya-ta-ato, or the little lake, his x mark, [L. S.]

Douglass, his x mark, [L. S.]

George Herring, his x mark, [L. S.]

    Quapaws:

Hi-ka-toa, or the dry man, his x mark, [L. S.]

Wa-ga-de-tone, or the maggot, his x mark, [L. S.]

Wa-to-va, or the spider, his x mark, [L. S.]

Ca-ta-hah, or the tortoise, his x mark, [L. S.]

Ma-towa-wah-cota, or the dug out, his x mark, [L. S.]

Wa-go-dah-hou-kah, or the plume, his x mark, [L. S.]

Ma-com-pa, or the doctor of the nose, his x mark, [L. S.]

Cas-sa, or the black tortoise, his x mark, [L. S.]

Haw-tez-chee-ka, or the little cedar, his x mark, [L. S.]

Ma-so-goda-toah, or the hawk, his x mark, [L. S.]

Wa-ka-toa-nosa, or the standing man, his x mark, [L. S.]

Motosa, or the black bear, his x mark, [L. S.]

Mor-bre-tone, or the little hawk, his x mark, [L. S.]

Mar-to-ho-ga, or the white bear, his x mark, [L. S.]

To-se-ca-da, or he who shows his track, his x mark, [L. S.]

Tah-tah-ho-so, or the wind, his x mark, [L. S.]

Hi-da-khe-da-sa, or the panther eagle, his x mark, [L. S.]

O-tene-cah-chee-ka, or he who struck the enemy, his x mark, [L. S.]

Me-ki-wah-kotah, or the star, his x mark, [L. S.]

Ka-ti-mo-ne, or clear weather, his x mark, [L. S.]

Vet-he-ka-ne, or thunder, his x mark, [L. S.]

Ne-to-sa-mo-ne, or the black freshet, his x mark, [L. S.]

Page 439

In presence of—

R. B. Mason, major of dragoons,

G. Birch, major, U. S. Army,

Francis Lee, captain, Seventh Infantry,

Samuel G. I. DeCamp, surgeon,

W. Seawell, lieutenant and aid de camp; secretary to the commissioners,

Thomas B. Ballard,

Augustine A. Chouteau,

John Hambly, United States interpreter to the Creeks,

George Herron,

Leonard C. McPhail, assistant surgeon, U. S. Army,

Robert M. French


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