f E 5*5 C85U5 BANCROFT LIBRARY THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA -"T I V - J *T ' G. C 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 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, [his x mark, [his x mark, [his x mark, [his x mark. [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [hisx mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark. [his x mark, [his x mark, [his x mark. 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. [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark. [his x mark. [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark, [his x mark. [his x mark, [his x mark, [his x mark, [his x mark, [his x mark. [his x mark, [his x mark, [his x mark, [his x mark, [his x mark* 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. [his x mark. [his x mark. [his x mark. [his x mark. [his x mark. [his x mark. 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.