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.~,\~~"';~J~\~1 and Exclusive Right of Regulating Trade and Intercourse with Them, and Tribes

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.~,\~~ 554 TREATY WITH THE COMANCHE, ATONAi, ANADARKO, CADDO, ETC., 1846. In testimony whereof, Thomas H. Harvey and Richard W. Cummi~s, Commissioners, [and] the Chiefs and Principal Men of the Kansas tribe of Indians have,. this the l~th day of January one thousand eig.ht hundred and forty-six, set their hands and seal~ at the Methodist Kansas Mission. Th. H. Harvey, Rich. W. Cummins, Commissioners. Ki-hi-ga-wah-chuffe, or Hard Chief, N o-pa-war-ra, Me-cho-shin-gah, or Broken Thigh, Was-sol-ba-shinga, Pi-is-cah-cah, K_e-hi-ga-wat-ti-in-ga, Ish-tal-a-sa, or Speckled Eyes, Big-no-years, Mah-gah-ha, Wah-pug-ja, Shin-gah-ki-hi-ga, Ah-ke-is-tah, Ca-ho-nah-she, Chi-ki-cah-rah, Wa-shon-ge-ra, Ke-hah-ga-cha-wah-go, Ne-qui-bra, Wah-hah-hah. Ke-bucco-mah-e, Witnesses: James M. Simpson, secretary, Chs. Choteau, Clement Lesserts, interpreter, Seth M. Hays, John T. Peery, Nelson Henrys, John D. Clark, R. M. Parrett. · (To the names of the Indians are added their marks:) 'TREATY WITH THE COMANCHE, AIONA!, ANADARKO, CADDO, , ETC., 1846. May 15, 1'846. Treaty ,witli tlie Omnanclies and other tribes. · Articles of a treaty m.ade 9 Stat., 844. Proclamation, Mar. mid concluded at Council Springs, in th.e county of Robinson., Te~as, B, 1847. nefZr the Brazos Ri~,e1·, thw 15th day of May, A. JJ. 1846, between P. K. Butler and M. ·G. Lewis, commissioners on th.e _pa1·t of the United States, of tlie· one part, and the undersigned chiefs, counsel- lors, and warrior·s of th.e Comanche, I.on-i, .Ana-d,a-ca, Oadoe, .Lepan, Long-wha, Keechy, Tah-wa-carro, Wi-chita, and Wacoe tribe8 of Indians, and tl1eir llssociate band...q, in belwlf of thl?'i'.r said tribes, ori tl,.e otlie1• part. Said tribes dor 1111- ARTICLE 1. The undersigned chiefs, warriors, and counsellors, for lions to be un ,•r the ""I<' prot1·,·tlo11 or the t h emse l ves an d t h e1r· sa1'd tn• hes or nations,· d o h ere by ac k now le d ge United 8tatcs. themselves to be under the protection of the United States, and of no other power, i.tate, or sovereignty whatever. I Unitte1,1 s11n1csd to ARTICLE 2. It is stipulated and agreed bv the said tribes or nations, uwE, ie so e nu ex- 1·l11sive right to _regu- an d t h e1r• assomate. b an d s, t h at t h e U mte• d• S tates s h a ll h ave t h e so le ;.~,\~~"';~j~\~1 and exclusive right of regulating trade and intercourse with them, and tribes. 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 No person to re~idc servants, but no person shall be permitted to reside among them as a ~;::g~fwt~e;: no~r~,: trader who is not :furnished with a license for that purpose, under tQe nished with. a license hand and seal o:f the snperintendent to be appointed by the President for that Jmrpose, o f t b e U mte. d S tates or sueh _ oth er person as t h e President. -shall authorize to grant such licenses, to the end that said Indians may not Unfair. dealing; how punished. be• imposed• , on in their trade·! and i:f any licensed trader shall abuse his privilege by un:fair dealin~, upon complaint by the chiefs to their agents and proof thereof, bis license shall be taken from him, and 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 3._ [Stricken out.] TREATY WITH THE COMANCHE, AIONAI1 ANADARKO, CADDO, ETC., 1846. 555 ARTICLE 4. The said tribes and their associate ba!lds agree to deliv~i·, an1l1e:en,rwi:;~ by the first day of November next, to the superintendent or Indian O!}e?S with said In- affairs to be appointed by the President, at such /lace as he may to be delh·ered direct, due notice of which shall be given to the sai tribes, all white persons and negroes who are now J?risoners among any of the said tribes or nations, for which the U mted States agree to make them a • fair comp'. ensation ·, and the United. .States further- agree to rnake. [that] saidferso_n.s tnbes taken by Texas from all the prisoners taken from said tribes by Texas or the U mted State~, to be delivered up. shall be delivered up to the said tribes, at the same time and place, without charge. And when any memb~r of ~ny of said tribes or Force may be used. nations, and their associate bands, having in his possession an Ameri- can 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 per- sons as may be se°;t among them for this purpose. ARTICLE 5. [Stricken out.] , ARTICLE 6. The said tribes and their associate bands pledge them- _Tveheosaitlcd ftribesd~ . h f h U . d S .d. gi n .e o any c se1 ves to g·1ve notice tot e agent O t e mte tates resi mg near signs~insttherea~e them of any designs which they may know or suspect to [be] formed t':i.1te:i'.':!t:~. 0 the in any neighboring tribe, or by any person whatever, against the peace · and interests of the United States. ARTICLE 7. It is agreed that, if any Indian or Indians shall com- 1ndians guilty of to m1t· ·a murd er or :ro bbery on any citizen· • o f t h e U rnte. d S tates, t h e tr1.be murderbe delh·ered or robbery up. or n.ation 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 Citizensofth_eUnit- 11.k emanner,1fanysu· • ' b" Jectorc1trzeno · · f t h e U·mt • ed. S tatessh a ll commitmurder_orrobberrto, ed States gmltv of murder or robbery on any Indian or Indians of the said tribes or l:gf61r;~ed atcord- nations, upon complaint thereof to the agent residing near them, he or " they shall be arrested, tried, and punished according to the law of the State or Territory where such offence may have been committed. ARTICLE 8. The practice of stealing horses has prevailed very much Horsestea1_1ng. f? the ~-reat disqui~t of _the citizens of the t:Jnite? States, and, if per- sisted rn, cannot fail to involve both the Umted States and the Ind1ans 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 Howpnni•hed. thh; agreement, continue to make depredations of that nature, the pers. son convicted thereof shall he punished with the utmost severitv, accord- ing to the laws of the State or Territory where the offence inav have been committed: and all horses so stolen, either hy the Indians from All stolen horses to the citizens of the United States or by the citizens of the United States bf re,iored. from any of the said tribes or nations, into whose possession soever they may have passed, upon due proof of rightful owne1·ship, shall be restored; and tlie 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. ARTICLE 9. For the protection of said Indians and for the purpose Trn_ding houses, · t th · l • f h" ,r agencies. i.nd po•ts of ca_rrymg ou e .sti~u ab?ns o t 1s treaty m?re euectnally,_ the to be located on the President shall, at his discret10n, locate upon their borders trading- bor<iers. .. houses, ag-encies, and posts. In consider~tion of the friendly disposi- tion of said tribes, evidenced by the stipulations in the present treaty, the commissioners 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 556 TREATY WITH THE COMANCHE, AIONAI, ANADARKO, CADDO, ETC., 1846. ten thousand dollars, at such time as the President of the United States may think pro1>er, at the Council Springs, on the Brazos, where this council is now held, or at some other point to be designated, and of which due notice shall be given to said tribes.
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