Fort Martin Scott Treaty
Encyclopedia
The Fort Martin Scott Treaty of 1850 was an unratified treaty between the United States government and the Comanche
Comanche
The Comanche are a Native American ethnic group whose historic range consisted of present-day eastern New Mexico, southern Colorado, northeastern Arizona, southern Kansas, all of Oklahoma, and most of northwest Texas. Historically, the Comanches were hunter-gatherers, with a typical Plains Indian...

, Caddo
Caddo
The Caddo Nation is a confederacy of several Southeastern Native American tribes, who traditionally inhabited much of what is now East Texas, northern Louisiana and portions of southern Arkansas and Oklahoma. Today the Caddo Nation of Oklahoma is a cohesive tribe with its capital at Binger, Oklahoma...

, Quapaw
Quapaw
The Quapaw people are a tribe of Native Americans who historically resided on the west side of the Mississippi River in what is now the state of Arkansas.They are federally recognized as the Quapaw Tribe of Indians.-Government:...

, Tawakoni, Lipan, and Waco tribes in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

. The treaty was signed in San Saba County, Texas
San Saba County, Texas
San Saba County is a county located on the Edwards Plateau in Western Central Texas. In 2010, its population was 6,131. Its county seat is San Saba. It is named for the San Saba River, which flows through the county.-History:...

, but named after the nearest military outpost, Fort Martin Scott
Fort Martin Scott
Fort Martin Scott is a restored United States Army outpost near Fredericksburg in the Texas Hill Country, United States, that was active from 1848 until 1853...

 in Gillespie County
Gillespie County, Texas
Gillespie County is a county located on the Edwards Plateau in the U.S. state of Texas. In 2010, its population was 24,837. It is located in the heart of the Texas Hill Country. Gillespie is named for Robert Addison Gillespie, who came to Texas in 1837. He was a Texas Ranger, an Indian fighter, a...

, on the outskirts of Fredericksburg
Fredericksburg, Texas
Fredericksburg is the seat of Gillespie County, in the U.S. state of Texas. As of the 2010 Census estimate, the city had a population of 10, 530...

.

Background

The Fort Martin Scott
Fort Martin Scott
Fort Martin Scott is a restored United States Army outpost near Fredericksburg in the Texas Hill Country, United States, that was active from 1848 until 1853...

 Treaty was negotiated and signed on December 10, 1850 by Indian agent John Rollins, U. S. Army Captain Hamilton W. Merrill, Captain J.B. McGown of the Texas Mounted Volunteers (Texas Rangers), interpretors John Connor and Jesse Chisholm, as well as twelve Comanche
Comanche
The Comanche are a Native American ethnic group whose historic range consisted of present-day eastern New Mexico, southern Colorado, northeastern Arizona, southern Kansas, all of Oklahoma, and most of northwest Texas. Historically, the Comanches were hunter-gatherers, with a typical Plains Indian...

 chiefs, six Caddo
Caddo
The Caddo Nation is a confederacy of several Southeastern Native American tribes, who traditionally inhabited much of what is now East Texas, northern Louisiana and portions of southern Arkansas and Oklahoma. Today the Caddo Nation of Oklahoma is a cohesive tribe with its capital at Binger, Oklahoma...

 chiefs, five Quapaw
Quapaw
The Quapaw people are a tribe of Native Americans who historically resided on the west side of the Mississippi River in what is now the state of Arkansas.They are federally recognized as the Quapaw Tribe of Indians.-Government:...

 chiefs, four Tawakoni chiefs, four Lipan chiefs and four Waco chiefs.

Work on the contract was done primarily by Jesse Chisholm and John Connor, a Delaware
Lenape
The Lenape are an Algonquian group of Native Americans of the Northeastern Woodlands. They are also called Delaware Indians. As a result of the American Revolutionary War and later Indian removals from the eastern United States, today the main groups live in Canada, where they are enrolled in the...

 chief, under the direction of Robert Neighbors
Robert Neighbors
Robert Simpson Neighbors was an Indian agent and Texas state legislator. Known as a fair and determined protector of Indian interests as guaranteed by treaty, he was murdered for his beliefs by a Texan who disagreed with giving any rights to the Comanches.-Early life:Robert Simpson Neighbors was...

 and John Ford. John H. Rollins who had fallen ill with tuberculosis
Tuberculosis
Tuberculosis, MTB, or TB is a common, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis. Tuberculosis usually attacks the lungs but can also affect other parts of the body...

 had to be carried in to the signing ceremony, and eventually succumbed to the disease in September 1851.

On December 25, 1850, General George M. Brooke sent a copy of the treaty to Texas Governor Peter Hansborough Bell
Peter Hansborough Bell
Peter Hansborough Bell was an American military officer and politician who served as the third Governor of Texas and represented the state for two terms in the United States House of Representatives.-Background:Bell was born March 11, 1810 in Culpeper County, Virginia...

, mentioning the treaty had not been approved by the government and was essentially binding only on the part of the Indian tribes.

Text of treaty

TREATY WITH THE INDIAN TRIBES OF TEXAS 1850

10 December 1850

(unratified)

Headquarters 8th Military Department

San Antonio, December 25, 1850

Orders
No. 69

The accompanying Treaty held on the San Saba
San Saba River
The San Saba River is a river in the U.S. state of Texas. It is an undeveloped and scenic waterway located on the northern boundary of the Edwards Plateau.-Course:...

 by the United States Agent, with the Comanches and other tribes of Texas Indians, is published for the information of all concerned.

Notwithstanding that this Treaty still requires the sanction of the General Government at Texas to make it binding by law, it still evinces a disposition on the part of the Indians to preserve a peaceable attitude towards the whites.

Officers of the Army within this Department are accordingly directed to carry out the spirit of this Treaty so far as can consistently be done, and it is also hoped that a spirit of accommodation may be evinced by the citizens of Texas, until such a time as the question of Indian boundary and military jurisdiction over their country can be determined upon by the proper authorities.

By order of Bvt. Maj. General George M. Brooke

(signed) George Deas
Asst. Agt. Gen.

Articles of treaty, made and concluded on Spring Creek, near the River San Saba, in the Indian country of the State of Texas, this, the 10th day of December, A.D. 1850, between John H. Rollins, Special Agent of the United States for the Indians of Texas, acting for the United States on the one part, and the undersigned Chiefs, Warriors, Captains and Councilors, for themselves and for those under their control and acknowledging their authority, on the other part—witnesses:

Article 1st

The Chiefs, Warriors, Captains and Councilors, for themselves and for those under their control and under their authority, do hereby acknowledge themselves to be under the jurisdiction and protection of the United States of America, and of no other Power, State or Sovereignty whatever.

Article 2nd

It is stipulated by the Indians, parties hereto, that the Government of the United States shall have the sole and exclusive right of regulating trade and intercourse with them, and they do hereby respectively engage to afford protection to such persons, with their property, as shall be duly authorized to reside among them for the purpose of trade or intercourse, and to their agents and servants; but no person shall be permitted to reside among them as a trader, or introduce goods into the Indian country, who is not furnished with a license for that purpose, according to the laws of the United States, to the end that the said Indians may not be imposed upon in their trade; and if any licensed trader shall abuse his privilege by unfair trading, upon complaint by said Chiefs to their Agent, and proof thereof, his license shall be taken from him, and he shall be further punished according to law; and if any person shall intrude himself as a trader, or introduce such goods into the Indian country without such license, upon complaint, he shall be dealt with according to the law, and the goods so introduced shall be forfeited to the Indians giving the information, who shall have the right to take into possession and keep said goods until the matter is legally investigated.

Article 3rd

The said Indians, parties hereto, are now, and agree forever to remain at peace with the United States.

Article 4th

The said tribes or nations, parties to this treaty, are anxious to be at peace with all nations of people with whom the United States are at peace, and it is agreed that the President shall use his exertions in such manner as he shall think proper to preserve friendly relations between the different tribes or nations, parties to this treaty, and all other nations of people.

Article 5th

And the said tribes or nations agree to remain friendly with such tribes as are now at peace with the United States, residing upon the waters of the Arkansas
Arkansas River
The Arkansas River is a major tributary of the Mississippi River. The Arkansas generally flows to the east and southeast as it traverses the U.S. states of Colorado, Kansas, Oklahoma, and Arkansas. The river's initial basin starts in the Western United States in Colorado, specifically the Arkansas...

, Missouri
Missouri River
The Missouri River flows through the central United States, and is a tributary of the Mississippi River. It is the longest river in North America and drains the third largest area, though only the thirteenth largest by discharge. The Missouri's watershed encompasses most of the American Great...

 and Red Rivers.

Article 6th

The said Indians, parties hereto, pledge themselves to give notice to the Agent of the United States, residing near them, of any designs which they may know or suspect to (be) formed in any neighboring tribe, or by any person whatever, against the peace and interest of the United States.

Article 7th

It is agreed that if any Indian or Indians shall commit a murder or robbery, or steal anything from any citizen of the United States, the tribe or band to which the offender belongs, shall deliver up the person or persons so offending to the Officer Commanding at Fort Martin Scott
Fort Martin Scott
Fort Martin Scott is a restored United States Army outpost near Fredericksburg in the Texas Hill Country, United States, that was active from 1848 until 1853...

, to the end that he or they may be found guilty of robbery, or stealing, according to the law. In like manner, if any citizen or subject of the United States shall commit murder or robbery on any Indian or Indians within the limits of the State of Texas, on complaint thereof to the Agent, the party shall be arrested, tried, and if found guilty, punished according to the law.

Article 8th

The said Indians, parties hereto, agree to deliver to the Officer Commanding at Fort Martin Scott, or to the Indian agent, all white persons or negroes who are now among any of the Indians of Texas as prisoners or runaways, by the fifth day of February, 1851, at which time, all prisoners belonging to said bands now in the possession of the Government of the United States, shall be delivered up; and should any Indian or Indians, of whatever tribe or band, inhabiting the State of Texas, refuse to surrender any such persons, white or black, the Government of the United States shall have the privilege of sending such forces as may be necessary to take them and the Indians so refusing into custody; and the parties hereto pledge themselves to give immediate notice as such refusal, the locality of said Indians, the band to which they belong, and render such further protection and assistance to the persons sent among them, as may be in their power.

Article 9th

The said Indians, parties hereto agree to deliver as soon a found, all runaway negroes
Fugitive slave
In the history of slavery in the United States, "fugitive slaves" were slaves who had escaped from their master to travel to a place where slavery was banned or illegal. Many went to northern territories including Pennsylvania and Massachusetts until the Fugitive Slave Act of 1850 was passed...

 that may be seen by them in the Indian country, to the Officer Commanding the nearest Military Post, or to the Indian Agent, and not knowingly not to allow any negro or negroes to pass through Indian country into Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

, without arresting him or them, and should the said negroes be in such force as to render it difficult or dangerous to arrest them, then said Indians shall give immediate notice to the Officer Commanding the nearest Military Post, or to the Indian Agent, and act as guides and render such further assistance as may be required..

Article 10th

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 to make depredations of that nature, the person convinced thereof shall be punished with the most utmost severity according to law, and all horses so stolen, either by Indians from citizens of the United States, or by citizens of the United States from any of the said tribes or nations, into whose possession so ever they 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 of citizens of the United States, in reclaiming or recovering such stolen horses; and the Civil Magistrates of the United States severally shall give all necessary aid and protection to Indians in claiming and recovering such stolen horses.

Article 11th

It is agreed that all stolen property now in possession of the Indians, parties hereto, shall be give up at this time, and all of that they know of or can find before that time, shall be delivered at Fort Martin Scott on the 5th day of February, A.D., 1851, and should any Indian refuse to surrender or bring such stolen property, immediate notice shall be given to the Officer Commanding the nearest Military Post.

Article 12th

It is agreed by the Indians, parties hereto, that they will not allow horses which they know or believe to have been stolen, to pass through their country, and that they will take such horses and the Indians having them, into possession and custody and bring them to the nearest Military Post or to the Indian Agent.

Article 13th

It is agreed by the Indians parties here to will neither attack, steal from, murder, make captive, or otherwise injure or molest any white person, and they will use all their influence to prevent others from doing so; and immediately give notice of such, their locality and numbers, as refuse to comply with this article.

Article 14th

Should any of the “Young Men” belonging to the bands or parties hereto, refuse to obey their chiefs, and steal, murder, or otherwise violate this treaty, they shall be immediately arrested by their own bands, brought into Fort Martin Scott, and surrendered for trial and punishment according to law.

Article 15th

It is agreed by the Indians, parties hereto, that they will not go below the line of Military Posts on the East side of the Colorado River
Colorado River (Texas)
The Colorado River is a river that runs through the U.S. state of Texas; it should not be confused with the much longer Colorado River which flows from Colorado into the Gulf of California....

, nor below the Llano River
Llano River
The Llano River is a tributary of the Colorado River, approximately 105 mi long, in central Texas in the United States. It drains part of the Edwards Plateau in Texas Hill Country northwest of Austin....

, and a line running West from its headquarters on the West side of said Colorado, without express permission from the Indian Agent or some Officer Commanding a Military Post in Texas, in writing; and that they will give immediate notice to the nearest Military Post should other Indians attempt to do so. The German settlement on the north side of the Llano will be embraced in the foregoing article, so long as they do not trade with the Indians in anything except the produce of their farms, nor for any horses or mules which may have been stolen.

Article 16th

The Indians, parties hereto, agree to deliver by the 5th day of February, 1851, to the Officer Commanding Fort Martin Scott, the Indians who murdered the German at Craig’s trading house, on the Llano, during the present fall, or should they be unable to deliver them, then point out said murderers, and render such assistance in arresting them as may be necessary.

Article 17th

The Indians, parties hereto, agree to deliver at the same time and place, the Indians who captured and carried away the white girls near the town of Lamar
Lamar, Texas
Lamar is a small, unincorporated community in Aransas County, Texas , ten miles north of Rockport and forty miles north of Corpus Christi. The community was named for Mirabeau B. Lamar, the second president of the Republic of Texas....

, on Copino Bay, in September or October last, or should they be unable to do so, to point out such Indians to such force as may be sent after them, and render such further assistance as may be necessary to their arrest and punishment.

Article 18th

For protect of said Indians, and for the purpose of securing a permanent peace and carrying out the stipulations of this treaty, the Government of the United States, within the year A.D. 1851, establish in the Indian country one or more trading houses and Agencies, and make such suitable presents as may be deemed proper, and treat with said Indians as to a definite line between them and the whites, so that the Indian country may be known and respected.

Article 19th

If any person or persons shall induce ardent spirits or intoxicating liquor of any kind, among said tribes or nations, such person or persons shall be punished according to the laws of the United States, and the said tribes or nations agree to give immediate notice to the agent of the United States residing near them, and to prevent by any means in their power the violation of this article of the treaty, and the said Chiefs of any one of them may destroy any ardent spirits found in the Indian country.

Article 20th

It is further agreed that blacksmiths shall be sent to reside among the said tribes or nations, to keep their guns and farming utensils in order, so long and in such a manner as the President may think proper. It is further agreed that school teachers, at the discretion of the President, may be sent among said tribes or nations for the purpose of instructing them; and the said tribes or nations agree that the preachers of the Gospel may travel or reside among them by permission of the President, or his agents, to be appointed, and that ample protection shall be afforded them in the discharge of their duties.

Signatures

Given unto our hands and seals—the said John H. Rollins acting for the United States, and the Indians for themselves and those acknowledging their authority—10th Day of December, Anno Domini
Anno Domini
and Before Christ are designations used to label or number years used with the Julian and Gregorian calendars....

 1850

JNO H. Rollins, Special Agent U.S. for Indians of Texas

Comanche
Comanche
The Comanche are a Native American ethnic group whose historic range consisted of present-day eastern New Mexico, southern Colorado, northeastern Arizona, southern Kansas, all of Oklahoma, and most of northwest Texas. Historically, the Comanches were hunter-gatherers, with a typical Plains Indian...

  • Po-che-na-qua-heip, Buffalo Hump
    Buffalo hump
    Buffalo Hump was a Native American War Chief of the Penateka band of the Comanche Indians...

  • Sa-ba-hei, Small Wolf
  • Ca-tumsie, (Ketemoczy aka Katemcy)
  • T-souk, White
  • Car-i-wah, Never Stops
  • Seech-che-ni-ka, Feather
  • Guadaloupe
  • Weit-che-ki, Humming Bird
  • Ka-ba-ha-mo, Never Smokes
  • Que-ha-no
  • Pe-ah-tie-quosh, Rifle-breech
  • Mo-he-ka, Pole Cat


Caddo
Caddo
The Caddo Nation is a confederacy of several Southeastern Native American tribes, who traditionally inhabited much of what is now East Texas, northern Louisiana and portions of southern Arkansas and Oklahoma. Today the Caddo Nation of Oklahoma is a cohesive tribe with its capital at Binger, Oklahoma...

  • Caddo John
  • Sa-te-wah-ah-nache
  • Tah-tie
  • The-chi-ta
  • Teheh-he-wok
  • Sam, Bead-eye


Lipan
  • Chi-ki-to
  • Chi-po-ti
  • Ye-keh-tas-na
  • Keh-rauch


Quapaw
Quapaw
The Quapaw people are a tribe of Native Americans who historically resided on the west side of the Mississippi River in what is now the state of Arkansas.They are federally recognized as the Quapaw Tribe of Indians.-Government:...

  • Tish-eh-ka-wa-ta
  • See-ka-ta-hoa
  • Ho-ka
  • Ki-the-weh
  • Peh-the-heh


Tawakoni
  • Nes-ho-chi-lash, Traveller
  • Ka-ra-ki-ris, Deceiver
  • Heh-chi-tah, Seizer
  • Qui-chi-tauk


Waco
  • A-qua-qoush, Short Tail
  • Hed-e-cok-isk, Double Barrelled
  • Chos-toch-kah-a-wah, Hollow
  • Tah-to-way-chioss, Sargeant


Witnesses
  • Hamilton W. Merrill, Capt. 2nd Drag’s, Bvt. Maj USA
  • J.B. McGown, Capt. Comdg So. Tex. Mtd. Vol.


Interpretors
  • John Connor
  • Jesse Chisholm
    Jesse Chisholm
    Jesse Chisholm was an Indian trader, guide, and interpreter, born in the Hiwassee region of Tennessee, probably in 1805 or 1806. He is chiefly famous for being the namesake to the Chisholm Trail, which ranchers used to drive their cattle to eastern markets. Chisholm had built a number of trading...

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