Aug. 24, 1835. | 7 Stat., 474. | Proclamation, May 19, 1836.
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:
Peace and friendship.
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.
Injuries, etc., forgiven.
Every injury or act of hostility by one or either of the contracting parties on the other, shall be mutually forgiven and forever forgot.
Free passage through the Indian country.
Indemnity for horses, etc., stolen.
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.
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.
Injuries to goods, etc., to be paid for by Indians.
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.
Other Indians on their grounds not to be molested.
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.
Peace to be preserved.
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.
Presents to be given to the Indians.
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.
Relations with Mexico.
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.
Obligatory when ratified.
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.] | Ettah, or the gun, his x mark, [L. S.] |
| M. Arbuckle, Brigadier-General U. S. Army, [L. S.] | Tennowikah, or the boy who was soon a man, his x mark, [L. S.] |
| Comanches: | Kumaquoi, or the woman who cuts buffalo meat, his x mark, [L. S.] |
| Ishacoly, or the wolf, his x mark, [L. S.] | Taqquanno, or the amorous man, his x mark, [L. S.] |
| Queenashano, or the war eagle, his x mark, [L. S.] | Kowa, or the stinking tobacco box, his x mark, [L. S.] |
| Tabaqueena, or the big eagle, his x mark, [L. S.] | Soko, or the old man, his x mark, [L. S.] |
| Pohowetowshah, or the brass man, his x mark, [L. S.] | Witchetaws: |
| Shabbakasha, or the roving wolf, his x mark, [L. S.] | Kanostowah, or the man who don't speak, his x mark, [L. S.] |
| Neraquassi, or the yellow horse, his x mark, [L. S.] | Kosharokah, or the man who marries his wife twice, his x mark, [L. S.] |
| Toshapappy, or the white hare, his x mark, [L. S.] | Terrykatowatix, the riding chief, his x mark, [L. S.] |
| Pahohsareya, or the broken arm, his x mark, [L. S.] | Tahdaydy, or the traveller, his x mark, [L. S.] |
| Pahkah, or the man who draws the bow, his x mark, [L. S.] | Hahkahpillush, or the drummer, his x mark, [L. S.] |
| Witsitony, or he who sucks quick, his x mark, [L. S.] | Lachkah, or the first man in four battles, his x mark, [L. S.] |
| Leahwiddikah, or one who stirs up water, his x mark, [L. S.] | Learhehash, or the man who weans children too soon, his x mark, [L. S.] |
| Esharsotsiki, or the sleeping wolf, his x mark, [L. S.] | Lachhardich, or the man who sees things done in the wrong way, his x mark, [L. S.] |
| Pahtrisula, or the dog, his x mark, [L. S.] | Melola, or waving, his x mark, [L. S.] |
| Noccuttardaditch, or the man who tries to excel the head chief, his x mark, [L. S.] | Mateter, or the man who missed it, his x mark, [L. S.] |
| Katarded wadick, or the man who killed an enemy in the water, his x mark, [L. S.] | Billy, his x mark, [L. S.] |
| Losshah, or the twin, his x mark, [L. S.] | Tuskia Harjoe, or crazy brave, his x mark, [L. S.] |
| Taytsaaytah, or the ambitious adulterer, his x mark, [L. S.] | Aussy, or the pursuer, his x mark, [L. S.] |
| Tokaytah, or the summer, his x mark, [L. S.] | Tohoithla, or standing upon, his x mark, [L. S.] |
| Musshakratsatady, or the man with the dog skin cap, his x mark, [L. S.] | John Hambly, [L. S.] |
| Kipsh, or the man with one side of his head shaved, his x mark, [L. S.] | K. Lewis, [L. S.] |
| Cherokees: | John Wynn, [L. S.] |
| Dutch, his x mark, [L. S.] | David McKillap, [L. S.] |
| David Melton, his x mark, [L. S.] | Choctaws: |
| Muscogees: | Musha-la-tubbee, or the man killer, his x mark, [L. S.] |
| Roley McIntosh, his x mark, [L. S.] | Na-tuck-a-chee, or fair day, his x mark, [L. S.] |
| Chilly McIntosh, [L. S.] | Par-chee-ste-cubbee, or the scalpholder, his x mark, [L. S.] |
| Cho-co-te-tuston-nogu, or marshal of the Cho-co-te-clan, his x mark, [L. S.] | To-pi-a-chee-hubbee, or the painted face, his x mark, [L. S.] |
| Tus-ca-ne-ha, or the marshal, his x mark, [L. S.] | Ya-cha-a-o-pay, or the leader of the warriors, his x mark, [L. S.] |
| Tusly Harjoe, or crazy town, his x mark, [L. S.] | Tus-qui-hola-tah, or the travelling warrior, his x mark, [L. S.] |
| Alexander Lasley, his x mark, [L. S.] | Tic-eban-jo-hubbee, or the first for war, his x mark, [L. S.] |
| Neha Harjoe, or crazy marshal, his x mark, [L. S.] | Nucke Stubbee, or the bullet that has killed, his x mark, [L. S.] |
| Tustunucke Harjoe, or crazy warrior, his x mark, [L. S.] | Toqua, or what you say, his x mark, [L. S.] |
| Powes Emarlo, or marshal of Powes clan, his x mark, [L. S.] | Po-sha-ma-stubbee, or the killer, his x mark, [L. S.] |
| Cosa Yehola, or marshal of Cosa clan, his x mark, [L. S.] | Nuck-ho-ma-harjoe, or the bloody bullet, his x mark, [L. S.] |
| Powes Yehola, or marshal of Powes clan, his x mark, [L. S.] | Thomas Mickie, his x mark, [L. S.] |
| Toma Yehola, or marshal of Toma clan, his x mark, [L. S.] | Halam-be-sha, or the bat, his x mark, [L. S.] |
| Cosado Harjoe, or crazy Cosada, his x mark, [L. S.] | Ok-chia, or life, his x mark, [L. S.] |
| Neha Harjoe, or crazy marshal, his x mark, [L. S.] | Tus-ca-homa-madia, or the red warrior, his x mark, [L. S.] |
| Cosada Tustonnogee, or the Cosada 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.] |
| Octiyachee Yehola, or marshal of Octiyachee clan, his x mark, [L. S.] | Par-homa, or the red hoop, his x mark, [L. S.] |
| Nulthcup Tustonnogee, or the middle warrior, his x mark, [L. S.] | No-wah-ba, the man who kills the enemy when he meets him, his x mark, [L. S.] |
| Ufala Harjoe, or crazy Ufala, his x mark, [L. S.] | Hisho-he-meta, or a young waiter, his x mark, [L. S.] |
| Cholafixico, or a fox without a heart, his x mark, [L. S.] | Cho-ma-la-tubbee, or the man who is sure his enemy is dead, his x mark, [L. S.] |
| Joseph Miller, his x mark, [L. S.] | Hokla-no-ma, the traveller in the town, his x mark, [L. S.] |
| Samuel Brown, his x mark, [L. S.] | William, his x mark, [L. S.] |
| Archi Kennard, his x mark, [L. S.] | Neasho Nubbee, he who knows where the enemy is killed, his x mark, [L. S.] |
| Towannay, or the slender man, his x mark, [L. S.] | Jim, his x mark, [L. S.] |
| Saccasumky, or to be praised, his x mark, [L. S.] | Eu-eck Harma, or the man who is never tired, his x mark, [L. S.] |
| Siah Hardridge, his x mark, [L. S.] | Nat-la Homa, or the bloody man, his x mark, [L. S.] |
| Warrior Hardridge, his x mark, [L. S.] | Pia-o-sta, or to whoop four times, his x mark, [L. S.] |
| George Stedham, his x mark, [L. S.] | Pa-sha-oa-cubbee, or the man who puts his foot on the scalp, his x mark, [L. S.] |
| Itchhas Harjoe, or crazy beaver, his x mark, [L. S.] | La-po-na, or the man who killed the enemy, his x mark, [L. S.] |
| Itchofake Harjoe, or crazy deer's heart, his x mark, [L. S.] | A-mo-na-tubbee, or lying in wait to kill, his x mark, [L. S.] |
| Satockhaky, or the broad side, his x mark, [L. S.] | Shaun-ga-mo-nee, or the fall chief, his x mark, [L. S.] |
| Semehechee, or hide it away, his x mark, [L. S.] | Tee-sha-wah-ra, or dry grass, his x mark, [L. S.] |
| Hoyane, or passed by, his x mark, [L. S.] | Ne-kah-wah-shee-tun-gah, or the brave spirit, his x mark, [L. S.] |
| A-fa-ma-tubbee, or the man who kills every thing he meets, his x mark, [L. S.] | Senecas: |
| Osages: | Thomas Brant, his x mark, [L. S.] |
| Fah-ha-la, or the leaping deer, his x mark, [L. S.] | Small Crout Spicer, his x mark, [L. S.] |
| Shone-ta-sah-ba, or the black dog, his x mark, [L. S.] | Isaac, his x mark, [L. S.] |
| Wah-shin-pee-sha, or the wicked man, his x mark, [L. S.] | Mingo Carpenter, his x mark, [L. S.] |
| Tun-wan-le-he, or the town mover, his x mark, [L. S.] | John Sky, his x mark, [L. S.] |
| Whoa-har-tee, or the war eagle, his x mark, [L. S.] | Henry Smith, his x mark, [L. S.] |
| Me-tah-ne-gah, or the crazy robe, his x mark, [L. S.] | Little Town Spicer, his x mark, [L. S.] |
| Wah-she-sho-hee, or the smart spirit, his x mark, [L. S.] | Young Henry, his x mark, [L. S.] |
| Ah-ke-tah, or the soldier, his x mark, [L. S.] | Peter Pork, his x mark, [L. S.] |
| Weir-sah-bah-sha, or the hidden black, his x mark, [L. S.] | William Johnston, his x mark, [L. S.] |
| Ne-ko-jah, or the man hunter, his x mark, [L. S.] | Big Bone, his x mark, [L. S.] |
| Hor-tea-go, or like night, his x mark, [L. S.] | Big Isaac, his x mark, [L. S.] |
| Wah-hah-tah-nee, or the fast runner, his x mark, [L. S.] | Civil Jack, his x mark, [L. S.] |
| Wah-nah-shee, or the taker away, his x mark, [L. S.] | Ya-ga-ha, or the water in the apple, his x mark, [L. S.] |
| Ces-sah-ba, or the man in black, his x mark, [L. S.] | Cau-ya-que-neh, or the snow drift, his x mark, [L. S.] |
| Es-kah-mar-ne, or the white horn, his x mark, [L. S.] | Ya-ta-ato, or the little lake, his x mark, [L. S.] |
| Kou-sah-she-la, or walking together, his x mark, [L. S.] | Douglass, his x mark, [L. S.] |
| Tcha-to-kah, or the buffalo, his x mark, [L. S.] | George Herring, his x mark, [L. S.] |
| O-ke-sah, or the man aside, his x mark, [L. S.] | Quapaws: |
| Wah-she-wah-ra, or the stopper, his x mark, [L. S.] | Hi-ka-toa, or the dry man, his x mark, [L. S.] |
| Wah-ho-ba-shungee, ortheidolater, his x mark, [L. S.] | Wa-ga-de-tone, or the maggot, his x mark, [L. S.] |
| Tone-ba-wah-tcha-la, or hard to look at the sun rising, his x mark, [L. S.] | Wa-to-va, or the spider, his x mark, [L. S.] |
| Shoe-chem-mo-nee, or the elk whistler, his x mark, [L. S.] | Ca-ta-hah, or the tortoise, his x mark, [L. S.] |
| Wash-kah-cha, or the tumbler, his x mark, [L. S.] | Ma-towa-wah-cota, or the dug out, his x mark, [L. S.] |
| Wah-ha, or the Pawnee chief's namesake, his x mark, [L. S.] | Wa-go-dah-hou-kah, or the plume, his x mark, [L. S.] |
| Wah-kee-bah-nah, or the hard runner, his x mark, [L. S.] | Ma-com-pa, or the doctor of the nose, his x mark, [L. S.] |
| War-tcha-sheen-gah, or the scalp-carrier, his x mark, [L. S.] | Cas-sa, or the black tortoise, his x mark, [L. S.] |
| O-shaun-ga-tun-ga, or the big path, his x mark, [L. S.] | Haw-tez-chee-ka, or the little cedar, his x mark, [L. S.] |
| Wah-hee-no-pee, or the bone necklace, his x mark, [L. S.] | Ma-so-goda-toah, or the hawk, his x mark, [L. S.] |
| Lee-sap-kah-pee, or the man who missed his enemy, his x mark, [L. S.] | Wa-ka-toa-nosa, or the standing man, his x mark, [L. S.] |
| Wah-to-ke-hak, or raw meat, his x mark, [L. S.] | Motosa, or the black bear, his x mark, [L. S.] |
| Wah-wah-shee, or quick runner, his x mark, [L. S.] | Mor-bre-tone, or the little hawk, his x mark, [L. S.] |
| Kah-he-ka-saree, or chief killer, his x mark, [L. S.] | Mar-to-ho-ga, or the white bear, his x mark, [L. S.] |
| O-lash-tah-ba, or plate-licker, his x mark, [L. S.] | To-se-ca-da, or he who shows his track, his x mark, [L. S.] |
| Ma-ne-nah-shee, or the walker, 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.] |
In presence of—
| R. B. Mason, major of dragoons, | Augustine A. Chouteau, |
| G. Birch, major, U. S. Army, | John Hambly, United States interpreter to the Creeks, |
| Francis Lee, captain, Seventh Infantry, | George Herron, |
| Samuel G. I. DeCamp, surgeon, | Leonard C. McPhail, assistant surgeon, U. S. Army, |
| W. Seawell, lieutenant and aid de camp; secretary to the commissioners, | Robert M. French |
| Thomas B. Ballard, |