Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 1 of 27 PageID 36

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WICHITA FALLS DIVISION

CHIEF JUSTICE BLACK JACK PRUETT § The Sovereign Nation of Tejas Indians, § Confederacy § also known as § Blackjack WJM Pruett § also known as Tettat, § Honorable Reverend Chief § Blackjack Pruett § Case No. 7:08-CV-00173-O-KA also known as § Blackjack Walksfar jm Pruett § § v. Petitioner, § § THE GOVERNMENT OF TEXAS § § Respondent §

MEMORANDUM AND RECOMMENDATION

This case comes before the undersigned pursuant to an Order of Reference (Docket No. 7) dated May 15, 2009. The pro se Plaintiff named Blackjack Pruett has been permitted to proceed in forma pauperis. Incident to the docketing process, the Clerk of this Court has generously labeled the Plaintiff’s twenty-one page initial pleading a “Complaint.” Process has not yet been requested or issued or served.

Plaintiff’s Complaint titled “Plea to Intervene” which initiates the consideration of this case is replete with what one might call “jurisprudential jibberish” or “juridical jabberwocky.”1 The pleading contains a jumbled mishmash of pages, paragraphs and sections cobbled together to resemble a court pleading. It contains an array of ambiguous allusions to an imaginary tribe/nation of native Americans, the tribe/nation’s illusory court structure, and a criminal case (or cases) pending against one “Gabriel Lee Corona,” an alleged member of such tribe/nation. The Complaint appears to contain excerpts or copies of portions of pleadings and/or orders and/or certificates submitted for filing by the Plaintiff in, or in relation to, one or more cases

1 A example from Jabberwocky by Lewis Carroll (1871)

“Twas brillig, and the slithy toves Did gyre and gimble in the wabe; All mimsy were the borogoves, And the mome raths outgrabe.” Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 2 of 27 PageID 37

pending against Corona in the County Court of Law No. 2 of Wichita County, Texas. After having parced Plaintiff’s pleading numerous times, I have found and concluded as follows:

Nominal Parties

A. Plaintiff is an individual with many aliases and resides in Texas and claims to be a member of the “Nation of Tejas Indians”, an alleged member of the Hasanai Confederacy, an alleged association of tribes of native North Americans. Plaintiff claims to act and appear herein in the capacity as the “Chief Justice” of a “Tribal Court of Discovery” of the “Nation of Tejas Indians.”

B. The Defendants against whom relief is sought are: 1. The State of Texas; 2. The Judges of the District and County Courts at Law of Wichita County, Texas, and their court respective coordinators; 3. The District Attorney of Wichita County, Texas, and one named Assistant; 4. The Sheriffs of 254 Texas Counties; 5. All peace officers of Texas municipalities and of the State of Texas; and, 6. The United States Marshall Service.

Relief Sought

The Plaintiff apparently seeks the following forms of relief: A. Injunctive Relief to halt the state court criminal proceedings against Corona; B. Mandamus to cause the transfer of the Corona criminal proceedings from the state courts to the “tribal courts” of the “Nation of Tejas Indians”; C. Mandamus to force the Sheriffs and peace officers to assist the tribal courts in enforcing tribal jurisdiction and laws; D. Orders imposing fines against the Wichita County District Attorney and his Assistant for Contempt of Court (apparently the tribal court); and, E. Assessment of Costs and Fees to be paid to the tribal court.

Grounds for Relief

As grounds for these various forms of relief, Plaintiff claims that the Texas state courts and their judicial, prosecutorial and enforcement personnel in their various capacities have refused to recognize or acknowledge the existence of the nation of Tejas Indians, the authority of any of its alleged courts or justices, or the capacity and authority of Plaintiff as the nation’s claimed Chief Justice. Plaintiff claims that the state court proceedings violate the jurisdictional authority of the nation of Tejas Indians created under and by virtue of two treaties, to-wit: the “Treaty of 1844,” a treaty signed on behalf of the state of Texas, and the “Treaty of 1806,” a treaty allegedly signed on behalf of the United States. Plaintiff claims that by reason of those treaties, the state of Texas is bound to allow the courts of the Nation of Tejas Indians to take or assume jurisdiction (whether exclusive or concurrent) over any proceedings against any member of the Nation or its tribes who invokes the tribal jurisdiction. Plaintiff claims that Corona invoked the jurisdiction of the tribal court but that the state trial court refused to consider stay of Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 3 of 27 PageID 38

its proceedings or transfer of jurisdiction of the case(s) to the tribal court. To enforce Corona’s rights as an alleged tribal member and to force the various defendants to recognize the authority of the tribal court and transfer or cede jurisdiction over Corona’s case(s), Plaintiff seeks to invoke the power of the this Court.

Jurisdiction

Since this action is brought by a citizen of the State of Texas against entities and individuals who are also Texas residents, diversity of citizenship jurisdiction does not exist. This leaves only a federal question as a possible basis for this Court’s jurisdiction. Since Plaintiff fails to allege any violation of any particular provision of the Constitution of the United States, this Court’s jurisdiction must, therefore, rest upon some claimed violation of a federal law. The only Federal law, Federal statutes or the like referred to in Plaintiff’s pleading are the two treaties referenced above. Findings and Conclusions

There was in fact a Treaty of 1844 (often referred to as the Treaty of Bird’s Fort) which was signed by Sam Houston on behalf of the Republic of Texas before Texas was admitted into the Union as a state.2 The parties to the treaty were the Republic of Texas and the “Indigenous Nations of the Delaware, Chickasaw, Waco, Tawakani, Keechi, , Anadahkah, Ionie, Biloxi and ” tribes. Nowhere in that treaty are the Tejas nation or Tejas tribe mentioned by name or referenced in any other way. In some modern historical writings certain of the Caddoan speaking tribes located in the eastern part of Texas were referred to as the Hasanai confederacy or the Tejas.

There are numerous treaties referred to as the “Treaty of 1806” when Thomas Jefferson was the President of the United States. One such treaty was the Monroe-Pinkney Treaty of 1806 between Britain and the United States which was proposed to renew the pre-existing “Jay Treaty” but was rejected by President Jefferson and never sent to the Senate for ratification. Another is a treaty between Cherokee Nation of Indians and the United States by which the Cherokee ceded certain lands to the United States in exchange for payment of money. The Treaty of 1806 referenced by the Plaintiff in his pleading is neither of these.

Instead Plaintiff refers the Court to a document appended to an article ostensibly written by one Col. Aaron Greenburg, PhD, at the University of Texas, wherein Greenburg relates a short summary of an expedition by Captain Richard Sparks and Thomas Freeman along the Red River. The Greenburg account with the appended “treaty” is reported on the internet website that appears to be maintained by the Plaintiff himself.3 The Greenburg article recounts that during

2 The background of that Treaty was summarized by the Texas State Library & Archives Commission that can be accessed at http://link.tsl.state.tx.us/treasures/indians/birds-01.html and a copy of that Treaty may be found at the website http://www.republic-of-texas.net/newarchive/treaties/birdsfort.htm

3http://www.tejasindians.info/index.html The purported treaty may be accessed by following the link from the home page to the Tejas Timeline link to the Treaty of 1806 link. Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 4 of 27 PageID 39

the expedition a treaty was reached with the Tejas Nations, a part of the Hasinai Confederacy.

In fact there was an early exploration expedition up the Red River from the Mississippi River authorized by President Thomas Jefferson. The Freeman-Custis Expedition (sometimes referred to as the Red River Expedition or the Freeman-Sparks Expedition) is the subject of definitive works written by Dan L. Flores and by W. W. Newcomb, Jr. These works describe the expedition’s encounter with the Caddoan tribes in the western Louisiana and eastern Texas areas, but do not mentioned any specific treaty made by Freeman with the Tejas Indian tribe/nation mentioned by name.4 Greenburg’s account may have simply referred to the Tejas Nation as representing a collective of all or part of the Caddoan tribes the expedition encountered. This is the only tenuous connection of a Nation of Tejas Indians to any treaty. But the appended document represented by Plaintiff to be such a treaty appears to be bogus. The language is not representative of treaty language used elsewhere in other treaties with real Indian tribes. The grammar and punctuation appears juvenile. All in all, the purported treaty is questionable. But most significantly, the treaty does not bear the signature of the President of the United States.

Under the Constitution of the United States, the treaty making power is reposed in the President of the United States, subject to the advice and consent of the Senate, on two thirds vote. Article II, Section 2, Paragraph 2. There is no allegation or evidence that President Jefferson, or any other President, ever signed any treaty in connection with the Freeman-Custis Expedition with any group of Indians whether Tejas, Caddoan, or otherwise or that such a treaty was ever presented to the United States Senate or voted on by them. Thus, I conclude as a matter of law that there was no treaty with the Nation of Tejas Indians, binding upon the United States that can provide the basis for Plaintiff’s claims, causes of action or relief.

Pursuant to Congressional mandate,5the Bureau of Indian Affairs, a division of the United State Department of the Interior, annually publishes a list of the federally acknowledged tribes of Native Americans in the contiguous 48 states and Alaska. The most recent list dated April 4, 20086does not reflect the “Tejas” name as one of the federally recognized or acknowledged tribes. Nor does the list include any of the other names or confederacies mentioned by Plaintiff in his pleading. Nowhere in Cohen’s Handbook of Federal Indian Laws is the Tejas tribe or nation mentioned. The Tejas nation is not mentioned among the Indian Nations of Texas, located on the internet website maintained by the Texas State Library & Archives Commission.7

4 Dan L. Flores, “Jefferson and Southwestern Exploration: The Freeman and Custis Accounts of the Red River Expedition of 1806 (Norman: University of Oklahoma Press, 1984); Carl L. Tyson, “Freeman-Custis Expedition”, Encyclopedia of Oklahoma History & Culture, http://digital.library.okstate.edu/encyclopedia/entries/F/FR019.html Dan L. Flores, ed., Southern Counterpart to Lewis and Clark: The Freeman and Custis Expedition of 1806 (Norman: University of Oklahoma Press, 2002); “The Indians of Texas” by W. W. Newcomb, Jr. (University of Texas Press, 1961) 5 25 U.S.C. § 479a-1; 25 CFR 83.5 6 73 FR 18553 7 http://www.tsl.state.tx.us/exhibits/indian/intro/page2.html

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Due to the absence of any factual support for Plaintiff’s allegations as to the existence of the Nation of Tejas Indians or Tejas Tribe, I further find that Plaintiff appears herein in no capacity other than as an individual.

Nowhere in his pleading does the Plaintiff assert rights or seek relief on behalf of himself but instead seeks to enforce alleged rights on behalf of Corona or on behalf of the Tejas tribe/nation. The Supreme Court has held that “a citizen lacks standing to contest the policies of the prosecuting authorities when he himself is neither prosecuted nor threatened with prosecution.” Linda R. S. V. Richardson, D, 410 U. S. 614, 619, 93 S. Ct. 1146, 35 L. Ed. 2d 536 (1973); Amir-Sharif v. Dist. Attorney’s Office, 281 Fed. Appx. 413 (5th Cir. 2008). Accordingly, Plaintiff wholly lacks standing in his alleged capacity to bring this suit to challenge in any way the authority of the Texas state courts to adjudicate the criminal proceedings against Gabriel Lee Corona.

Finally, the gravamen of all of Plaintiff’s requested relief is injunctive relief in one form or another against the state of Texas or its agencies. The Federal Anti Injunction Act8 prohibits a federal court from granting injunctive relief to stay proceedings in a state court except as expressly authorized by Act of Congress, or where necessary in aid of its (the Court’s) jurisdiction, or to protect or effectuate its (the Court’s) judgments. It applies to state criminal actions. Younger v. Harris, 401 U. S. 37, 91 S. Ct. 756, 27 L. Ed. 2d 669 (1971). This same statutory prohibition applies to civil rights actions when injunctive relief is sought as well as criminal proceedings. Mitchum v. Foster, 407 U. S. 225, 92 S. Ct. 2151, 32 L. Ed. 2d 705 (1972). None of the other recognized exceptions to this statutory mandate apply. Therefore, Plaintiff has failed to allege a claim upon which relief can be granted.

Recommendation

I conclude that the case is totally frivolous and a waste of the Court’s time. By reason of the Plaintiff’s frivolousness, lack of standing, and failure to allege a claim upon which relief can be granted, I recommend that the Court dismiss Plaintiff’s complaint with prejudice to the refiling of the same pursuant to 28 U.S.C. §1915(e)(2)(B)(i).

It is so Ordered, this 28th day of May, 2009.

______Robert K. Roach UNITED STATES MAGISTRATE JUDGE

Note: For preservation purposes, pursuant to the recently published Guidelines on Citing to, Capturing, and Maintaining Internet Resources in Judicial Opinions/Using Hyperlinks in Judicial Opinions, copies of the hypelinked materials are attached hereto.

8 28 U.S.C. § 2283 - TexasTreasures Bird's Fort Treaty- PageI - TexasState Library h@://linktsl. state.tx.us/ft easwes/indians/birds-0 Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 6 of 27 PageID 41 I .hftnl

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Archives& Manuscripts

Bird'sFort Treaty Ratification Proclamation, 1843 Page1

Page I Paoe 2 Paqe I | 3 | Paqg4 | Paqe 5 | Paqe OI Paqe 7 | Paqe I I Paqe 9 | page 1OI paqe 11 "lndian Relations'

SamHouston made lndian policy a principalconcern of hissecond administration. On July1, 1g42,he appointeda commissionto "treatwlth any and all Indianson theFrontiers of Texas."The f ndians, too, weremore open to negotiationafter the costly wars under the Lamaradministration had reduced their numbers.In August,they agreed to a peacecouncilat the Waco village on October26, 1942.They failed to attendon that date, but on March31, 1843,chiefs of ninetribes accepted an invitationto a Grand Councilto concludea treatyof peaoe.They met six months later and on September2g, 1943signed one of thefew Indiantreaties ratified by the Repubticof TexasSenate.

s/27/2009l1:23 AM TexasTreasures - Bird's FortTreaty- pageI - TexasState Library Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09http ://link Page tsl. 7scate.tx. of 27us/treasures/indians/birds-0 PageID 42 I .htnl

By the Presidentof the Republicof Texas Proclamation

2 of3 5/27/200911:23 AM TexasTreasures - Bird's Fort Treaty- PageI - TexasState Library http://link.tsl. Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 8state.ft of 27us/teasureslindians/birds-0 PageID 43 Lhtnl

To all andsingular to whom thesepresents shall come, Greeting: Whereas,a treatyof peaceand friendshipbetween the Republic of Texasand the Delaware,Chicka- saw,Waco, Tah-woc-cany, Keechi, Cad- -do,Ana-dah-kah, lonie, Biloxi, andCherokee tribes of lndians.was concludedand signed at BirdOsFort, on theTrinity River, on thetwenty ninthday of September,in theyear of OurLord one thousand eight hun- =dredand forty three, by G.W.Terrelland E.H.Tarrant, Commissioners on the part of the Republicof Te>

SITENAVIGATION TEXT LINKS AqencvInfo I GeneralInteres! | LibrariansI Govt Aqencies I Cataloqs& SearchesI Publications News& EventslStatewide Search/TRAlL I Contact Us I SiteIndex I Policies& DisclaimerslWebmaster

This pageupdated 03/06/2009

5/27/200911:23AM PageI of 6 'RepublicCaseof 7:08-cv-00173-O TexasTreaties -KA Document 8 Filed 05/28/09 Page 9 of 27 PageID 44

Republic of TexasTreaty with the IndigenousNations of the Delaware,Chickasaw, Wacoo Tawakanio Keechi, CaddooAnadahkah, Ionie, Biloxioand Cherokee September29,1843 Ratified by the Senate

By the Presidentof the Republicof Texas

Proclamation

To all and singularto whom thesepresents shall come,

Greeting:

Whereas,atreaty of peaceand friendshipbetween the Republicof Texasand the Delaware, Chicka-saw,Waco, Tah-woc-cany,Keechi, Cad-do, Ana-dah-kah, tribes of Indians,was concludedand signedat Bird's Fort, on the Trinify River, on the twenty ninth day of September,in the yearof Our Lord onethousand eight hundredand forty three,by G.W. Terrell andE.H. Tarcant,Commissioners on the part of the Republicof Texas,and certainchiefs, Headmen and warriors of the tribes of Indians aforesaid,on the part of said Tribes; which treaty is, in the following words,to wit: A Treatyof Peaceand Friendship, Between the Republic of Texas,and the Delaware,Chickasaw, Waco, Tah-woc-cany,Keechi, Caddo, Ana-Dah- kah, Ionie, Biloxi, and Cherokeetribes of Indians, eoncludedand signedat Bird's Fort, on the , the 29thday of September,1843.

Whereas,for sometimepast, hostilitieshave existedand war been carried on betweenthe white and red men of Texas,to the greatinjury of both parties;and whereas,a longercontinuance of the samewould leadto no beneficialresult, but increasethe evils which have so long unhappily restedupon both races;and whereas,the parties are now willing to open the path of lasting peace and friendshipand are desirousto establishcertain solemn rules for the regulationof their mutualintercourse: Therefore, the Commissionersof the Republicof Texas,

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and the chiefs and Headmenof the beforementionedtribes of Indiansbeing met in council at Bird's Fort, on the Trinity River, the 29th day of September,1843, haveconcluded, accepted, agreed to andsigned the following articlesof treaty:

Article I. Both partiesagree and declare,that they will foreverlive in peaceand always meet as friends and brothers.Also, that the war which may have heretoforeexisted between them, shall cease and never be renewed.

Article II. They further agreeand declare,that it is the duty of warriors to protect women and children, and that they will never make war upon them, or upon unarmedpersons; but only uponwarriors

Article III. They further agreeand declare,that the Indianswill neverunite with the enemiesof Texas,nor make any treatywith them,which shall requireof the Indiansto take pafi againstTexas; and that if any suchproposals should ever be madeto them,that they will immediatelycommunicate the sameto an agentor to the President.

Article IV. They further agreeand declare,that when they learnthat Texasis at war with any people,a chief will cometo an Agent and ask to be conductedto the President,that he may counselwith him.

Article V. They further agreeand declare,thatagents shall be appointedby the Governmentof Texas and be stationedat such placesas may be deemedproper, for the purposeof hearingthe complaintsof the Indiansand seeingthat justice is one betweenthem andthe whites, and alsoto communicatethe ordersand wishes of the Presidentto the variousbands and tribes.

Article VI. They further agreeand declare,that no personshall go amongthe Indiansto trade,except by the ex- pressauthority of the Governmentof Texas.

Article VII. They further agreeand declare, thatno white man or other person within the controlof the laws of Texas,shall introduce among any tribe or nation of Indians,or sell to any Indianor Indians,ardent spirits or intoxicatingliquors of any kind.

Article VIII. They funher agreeand declare,that no white man or other person, elsethan a regularlylicensed trader, shall purchaseany propertyof an Indian or Indians,without the consentof an Agent of the Governmentof Texas

Article IX. They further agree and declare that when any property is found amongthe whites,belonging to the Indians,it shall be the duty of the Agent to see that the same is restored; and on the other hand, whenever property, belongingto the whites,is found amongthe Indians,the sameshall be restoredin like mannerby the chiefs,on applicationof the owneror ownersthereof, through

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the Agent.

Article X. They furtheragree and declarethat no tradershall furnishany warlike storesto the Indians,but by the expresspermission of the President.

Article XI. They further agreeand declare,thatno personor personsshall pass the line of trading houses,without the specialpermission of the President;and then only for friendly purposes;nor shall any personor personsreside or remain within tire territory assignedto the Indians,unless by expressdirection of the President.

Article XII. They furtheragree and declare,that any personor persons,who shall molest, or attemptto molest the personsor property of the indianswhile they remainpeaceable under this treaty, shall be held guilty of felony and punished accordinglyby the Governmento Texas.

Article XIII. They further agree and declare, that any killing or outrage whatsoever,committed by a white man, or other personwithin control of the laws of Texas, upon an Indian in time of peace,shall be punishedby the Governmentof Texas in the samemanner as though the Indian were a white man; and that the person so offending shall be liable to indictment and punishmentin any countyin the Republic.

Article XIV. They further agreeand declare,that if any Indian or Indiansshall kill any white person,he or they shall suffer death;and that if any Indian or Indiansshall stealany properfyof the whites,he or they shallbe punishedby the Tribe, in presenceof an Agent,with whipping or otherpunishment, according to the offense.

Article XV. They furtheragree and declare,that the Chiefsand Captainswill not permit the Indiansto crossthe line for any purposewhatsoever without authority and a passportfrom an agent; nor sell any properfy to a white man, unless authorisedso to do by someagent.

Article XVI. They furtheragree and declare,That if any personor personsshall come amongthe Indians,with- out authorityfrom the Presidentor agent,they will immediatelyseize and deliver him or themto someone of the agents.

Article XVII. They further agreeand declare,that they will mutually surrender and deliver up all the prisonerswhich they haveof the other party for their own prisonersand that they will not be friendly with any peopleor nation, or enter into treaty with them- who will takeprisoners from Texas,or do its citizensany injury.

Article XVI[. They furtheragree and declare,that the Presidentmay sendamong

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the Indians such blacksmithsand other mechanics,as he may think proper,for their benefit; and also that he may send schoolmastersand families, for the purposeof instructingthem in a knowledgeof the Englishlanguage and Christian Religion.

Article XIX. They further agreeand declare,that when the Presidentshall send personsamong the Indians,they will extendto them kind treatmentand protect themfrom harm.

Article XX. They further agreeand declare,that the the chiefs and Headmenof the Indians will causetheir young men and warriors to behave themselves agreeablyto the words of this treaty;& thatthey will punishthem with death,or in such other way as will compel them to keep peaceand walk in the path made straightbetween the white andred brothers.

Article XXI. They further agreeand declare,thatshould any difficulty or cause for war arisebetween the Governmentof Texasand the Indians,they will send their complaintsto the President,and hear his answerbefore they commence hostilities;and the Governmentof Texaswill do the same.

Article XXII. They further agreeand declare,thatso soon as the Indiansshall have shown that they will keep this treaty,and no more make war upon the whites, nor steal horsesfrom them, the Presidentwill authorizethe tradersof Texasto sell to thempowder, lead, guns, spears and other arms, such as they may need for the purposeof killing game;and also make to them every year such presentsas the Governmentof Texasmay provide.

Article XXI[. They further agree and declare,that the Govemment of Texas reservesto itself the right of working all mineswhich havebeen or may hereafter be discoveredin the territoryassigned the Indians.

Article XXIV. They furtheragree and declare,that the Presidentshall makesuch arrangementsand regulationswith the severaltribes of Indiansas he may think bestfor their peaceand happiness.

The foregoing articles having been read, interpretedand fully understoodby them, they herebyagree to and confirm the sameby sealingand signing their severalIn presenceof

Ro I. Gilchrist,G.W. Terrell,fseal] L. Williams, E.H. Tarrant,[seal] B.Booth,

Commissionerson the part of Texas SamB. Marshall,

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Rob'tS. Hulme

(Roasting-Earx fseal]

Delawarechiefs (McCallahx fseal] (JamesSt. Louis x [seal]

Chickasawchief Ish-te-u-kah-tubbyx [seal]

Waco Chief Acah-quashx fseal] Waco Chief Che-tick-kahax [seal]

Tah-woc-canychief Ke-chi-ka-roquax [seal]

Kechi chief Kah-te-ah-tickx [seal]

(RedBear x [seal]

Caddochiefs (Binchahx fseal] (Had-dah-bahx [seal]

Ana-dak-kahchief JoseMaria x [seal]

IonieChief Tow-a-ash x [seal]

Beloxi Chief Hoyo Tubby

CherokeeCaptain Chicken Trotter x [seal]

(JamesShaw x (Luis Sanchezx

Interpreters (Chow-a-nihx (PierceSobby x (ChoctawTom x

Now, Therefore,be it known That I, SamHouston, President of the Republicof Texas,having seenand consideredsaid Treaty,do, in pursuanceof the advice and consentof the Senate!as expressedby their resolutionof the thirry first of January,one thousandeight hundred and forty four, accept,ratiff and confirm the same,and every clause and article thereof

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In testimony whereof, I have hereuntoset my handand causedthe GreatSeal of the Republicto be affixed

Done at the town of Washington,this third day of Februaryin the year of our Lord one thousandeight hundredand forty four and of the Independenceof the Republicthe Eighth.

By the PresidentSam Houston

AnsonJones Secretary of $tate

Republicof Texas Nationof Texas Republicof Texas PoliticalPrisoner Acordada Projec-t

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Treatyof 1806: HistoricalNotes A historical narrative A Greenburg PhD Univ Texas - Captain Richard Sparks and the frontiersman Thomas Freeman are appointed by President Jefferson andto acton the behalfof the Presidentof the UnitedStates with the fullnessand authorityto treat' discover,to exploreand thus to mapthe RedRiver region, of suchthe Armyunder the captainscommand is chargedwith suchnotations and the returningescaped slaves, through an actof congress'The captain was to exploreplat and map such sections along the UnitedStates' border with Tejas. Captain R Sparksdetail discovered the slavesin Tejas-causing all to be placedon trial- -the discoveredslaves to be placedon trial,and such as the captainand the UntiedStates to be placedon Trialfor its incursion/invasioninto, another Sovereigns, Tejas lands- Thegreat council had convened what was and is nowthe SovereignSupreme Court to hearthe trialsof such returnof the escapedslaves, who hadbecome citizens of the TribalNation thus subjects of the HiddenKingdome of Tejas-and such as the trialof the Captainand his men. Thecourt was called and the Captainwas called as the clirectrepresentative of Jefferson,having The authority of the Presidentof the UnitedStates, Sparks and Freeman negotiatesthe fullnessTreaty of 1806,with the GreatChief, and the CouncilofTejas Indians, of suchthe Hasinai Confederacy,which guarantees the TejasNations lands and living ways such as theirculture, their freedom, and the TribalNations Sovereignty forever. Thistreaty also establishes, the rightof a TribalFreeman, and that of a TribalCitizen to servein the USMilitary, andthe rightsto do tradeamong the confederatedtribal nations in all of the Triballands inclusive of but not limitedto that of: Louisiana,ArkAnsas, Tejas, Coahuila- the confederatedand associated bands, quarreled Tribes or as suchallied nations of the Tejas,with in Spanish,French Territories and starts a relationshipwith the United States.During the trialthe frontiersmanis assignedby the GCOCto speakin the defenseof the slaves-as such they took his lastname for theybe camefreeman- in morethan one way. Thisis alsoknown as the FreemanAct of 1806,signed at the BayouDorchiet LA, while the trialtook placein Texasnear the sacredwaters of Tejasby HillCreek brook and the sacredwaters of : "Azuleles y kik DeJesus" close to whereTyler Texas is, althoughthe Tejaswere maritime peoples, they wereas suchsuryivors and had many diversified villages with a complex governmentalsystem with suchcommerce with trade when not farming they as that they too madea livingon the greatplanes and traded many items including salt for otherneeded things they traded with manyother tribes and otherColonial nations, like: Russia, France, Spain, later on ,it madesense to tradewith the Americans enemiesof the Britishand theirs the Tejaswas a kingdomin theirown right,with hiddenwealth and readyriches of the sea,the pineywoods of EastTexas, and that of the GreatPlains' s/s COL Aaron Greenbura PhD- USMC Ret- Julv O2' 7986 History Univ of Texas.

Translation conversion to English - French - Spanish - BW Matthews Principal -Paramount Chief - United States dept of State 1950-54 United States Dept of Agriculture 1950-59 xxAaron Greenburg PhD- 1986 July- the celebration of 18Oyears of peace with the United States - convetted to Digital documents UT Arlington- set for archives SNTI- NO/LA- and Houston Archive Supporting Documentation: Dan L Flores university of Oklahoma press (book edited) William H Goetzman-

Maps and citations provided courtesy M Collins PhD MSU - the freeman Cutis Accounts lune 2007 200 year celebration of peace with the Untied Sfates other suppofting documents - Flores,Dan 1., ed.. SOUTHERN COUNTERPOINT TO LEWISAND CLARK: THE FREEMAN AND CUSTISEXPEDITION OF 1806. Norman:University of OklahomaPress, 2002. Dan1., ed. JEFFERSONAND SOUTHWESTERN EXPLORATION: THE FREEMAN AND Flores, '1806. CUSTISACCOUNTS OF THERED RIVER EXPEDITION OF Norman:University of Oklahoma Press,1984

Other commentary and works to be indexed: - ER Ramirez PhD History - University of Oklahoma - Michel Collins-PhD HistoryMidwestern State University - HubertDaniel Singleton,M.Ed-Tribal Elder SNTI Archives, *x<*(to ref'erence Index clickht:re.1 Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 16 of 27 PageID 51

The Act Article 1 The undersignedSovereign, Chiefs, Waniors, and Counselors,for themselvesand their headmenand said tribes or nations' and as thoseof that of confederatedtribes, associatedbands, bands and or said treatednations and tribes also known to the French Territories,Colonies and Statesof the United euatrells do herebyacknowledge themselves to be allies to and friends to the States,and that of irer citizensand as such shall be underthe full protectionof the United States,and that of her President.. They, will retain all of their rights, including that of Their Sovereigntyas a nation and thus thoserights to their freedomsand to all oftheir possessionsand gJods,including that of their, farms, lands and sealanes and thus a protectionof the fullness of their ways and that authority as sich is agreedaJnot to make war againstthe Untied Statesor of such as its allies. However such as the United Statesmay from time to time call, or as suchplace a requestupon the Chiefs of the Tribal Nation and that of their friend and allied Protectorateto war againsta common enemy.Thus too they The Tribal Nation, during a time of war, The Chiefs may, at their pleasure,induct into the serviceof the Untied Statestheir citizensand tribal membersfor such service,and as such to miy requestiuch aid and reliefby the Untied States.Thus they, The Sovereignpeople ofthe TejasIndians and thus of they of their Confederation,bands associated bands and Tribes, clans or any other groups,and personsassociated with them will agreeto be madeof peacefulways as the use and understandingof law as utilized with in their court systemof law as theseterms have beenjustly judged and thus now becomeset as law. Article 2 Let no man, or woman thus any personfree or slave take up armsagainst another in actsofviolence to wagepurpose ofwar for personalvengeance or suchconflict, and in suchacts of doing vengeanceof wrongs done to them by any person,but must allow ihe pea"" and due courseof law to prove such,as to suchworks of wrong doings, and thus have the accuseddelivered to the chielforjudgment, and thus handedover to the NearestRecognized Authority ofthe Untied Statesfor executionofsentences lain upon or againstthe guilty party, or parties. Article 3 No man may come to the use of armsagainst one another.Thus as if actionstaken againstany man, such man as he have the need may bear such arms may do suchfor the provision of meat and food for his table. He may freely move to such as to hunt, fish, trap, farm and thus provide suchfor his table with out impediments.Thus let he and they with him hunt, trap and trade freely unmolestedby thoseof the Colonial and other Tribal Nations and so do suchin peace' He may too inso doing, bearingsuch armsprovide for suchprotections and hospitality for his householdand thosewhich dwell with in and through out giving such aid and protectionof onesself, his loved onesand thus his property of his householdand such as all of his possessions

Article 4 Whosoevermay come forth to serve,let them to do suchto servefreely with in the military of the United States,of such its rules and laws will be applicable,their enlistmentor commissioningwill be upon the consent,or by commandof their chief, and headmanof their family. It is agreedhere that one such enlistedor so commissionedas to they may never be askedto serveagainst their own or as to stand againstone of their kindredin war. However, servicein such ways of the tribal nation as suchperson, a warrior and all of such citizensof the tribal nation and as to thosewhom residewithin and through out the tribal nation shall be protectedin their serviceto their tribe, and to that of the United Statesby this treaty, and actswith in this a covenantas to set in stoneby such marks and by the letting ofblood and as so guaranteeingtheir ways oflife as to their, lands,their pursuit ofhappiness as well as religious and traditional ways and customs. ihu. upon the pains of causingsuch a warrior to act in the fierce tenacityof his duties the warrior may act in traditional manors causingsuch fierce emotionsof terror againstthe enemiesof the Untied Statesas suchthat they would plead for mercy and peace.. Article 5 The said tribes and their associatebands, and as suchconfederates pledge themselves to give notice to the rccognizedagent of the United Statesresiding near,or upon such as the high seasas to be nearthem of any designswhich they may know or suspectto [be] formed in any neighboringtribe, or by any personwhatever, or nation whateveragainst the peaceand interestsof the United States. It is agreedthat a breachof the peace,and actsjudged asbreach of this treaty is as such a breachof trust, thus so and as such any personwhom violates such trust shall receiveno lessthan that oftwo yearshard labor at the executionby an order ofthe and as such by the pleasureof the Chiefs of the Tribal Nation Article 6 The covenantbeing set and agreedon by the said tribes and their associatebands are now, and agreeto remain,friendly with suchtribes as are now at peacewith the United States,residing upon the watersof the Mississippi, Arkansas,Missouri, and Red Rivers. In as such observancein return all shall be at peacewith the tribal nation, in recognitionof suchof their lands, and waters and to all that is their holdings. This letting of blood and as suchsigning of this covenantis taken at The bayou Dorchiet and confirmed in Natchitoches and by the council of eldersat Little Hill Creek Brooke, and that of the mud creek river at the place of the blue water woman of Tejas, Mary de les Jesusbefore that of the sunsetpeople of Nacogdoches,their sisterof the Catholic Faith. Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 17 of 27 PageID 52

Article 7 It is agreedthat, and understoodthe Tribal Nation is as such a seagoing nation and as suchits powersof its navy and as such naval affairs of such tribal nation shall remain intact, and such accessto all of its recoursesshall be protected, however such shall be receivedin all ports as protected by the Naval Command as to flying, their flag and a flag of friendship thus may come to do comme(ce and intercourse with those whom they seek,and thus receivesuch aid in need,in as suchports of catl which arenot enemiesof the United States,and as such and at the will and pleasureof the Presidentthrough suchacts of Congressthe tribal nation may receiveletters of Marque and Reprisal to help defend the tribal nation and as such as citizens of their bordersand water ways and thoseof United Statesand that of the United Statesas such their collective interest.

Article 8 It is agreedthat, the Tejas Nation shall be a protectorate,Sovereigr ftiend of the United Statesand may hold in reserveall of its rights in kind, thus havJ certain rights sei asideas to the protectionsof the Sovereigntyof The Tribal Nation its associatedbands and of its confederates.As such the Tribal Nation may repatriatesuch lands,property utilized by or abandonedby The Untied Statesas such the Tribal nation may never declarewar againsttheir SisterNation of the United States. . It is a8Feedthat othet Countriesor such Nations which have enteredinto such covenantswith the Tribal Nation, its warriors, bands,associated tribes, and its councils and its chiefs as set forth shall not be diminished nor can they be extinguishedby the United States. It is agreedthat this covenantis enteredinto fteely and with out threat of invasion of force, or such use of arms and as such understoodthat the presenceof such force presentis as a discoveryand not to declaresuch war, or to do war with or desire such a war with the Tribal Nation of Tejas, or that of its peoples. lt is agreedthat thosebelonging to the Tribal Nation shall be allowed to do commerceand free trade with the United Stateswith out duressof impedimentsof taxation, levies or tariffs or any such instrumentsrequired from them by the Untied Statesand as such they shall enjoy free trade and intercoursethus be set as favored among the Untied States. It is agreedthat, a due courseof laws shall prevail and if any krdiansshall commit a murder or robbery on any citizen of the United States,the tribe or nation to which the offender belongsshall deliver up the personor personsso complainedof, on complaint being made to their chief for judgment, he or they shall be anested,tried, and punishedaccording to the laws of the Tribe and accordingto such laws of the United Statesand its Tenitories. Thus it is agreedin all faimcss of law that said personlawfully judged shall be intemed for executionof the judgments by the said Chief(s) to the RecognizedAuthority of the United States. Article 9 Nevertheless,should any bad men, in defianceof this agreement,continue to make depredationsof any nature,thus asjudged a violation of this treaty and suchbreach of this covenantthe personconvicted thereof shall be punishedwith the utmost severity, accordingto the laws of the tribe, and that of the Untied States,and by such territories,or possessionswhere the offence may have beencommitted this includesany and all horsesso stolen,either by the Indians from the citizens of the United Statesor by the citizens of the United Statesfrom any of the said tribes or nations,into whosepossession soever they may havepassed, upon due proof of rightful ownership,shall be restored;and the chiefs of said tribes or nations shall give all necessaryaid and protiction to citizensof the United Statesin the relief of reclaiming and recoveringsuch stolen horses;goods and property and ihe civil and criminal magistratesof the United States,respectively, shall give all necessaryaid and protectionto Indians in claiming and recovering such damagedor stolen property, goods, and in the protection of their claims for relief and in guaranteed their rights where as such Indians cited for such transgressionsofthe peaceofthis treaty and laws shall be heardby a court of their piers as administeredby their chiefs, and as suchif any recognizedagent of the United Statesbe found among them be remanded over for execution of such sentenceshave thus been delivered by the chiefs. It is further agreedany bond man, slaveor servantwhich has come to the Tribal nation and now is such as a citizen or member of any house,or any associatedbands, or memberof the confederatedtribes which there are with in Tejas, shall be set no longer as a siavebut be reiognized as a freeman.Thus declareda freeman,may neverbe sold into bondagefor debts,not shall these men or their families be chattel as to be bought or sold as suchproperty. Nor may their former masterseek them in theselands, or return them to their place of enslavementas suchis a breachof the peaceof this covenantand thus so constitutesthe punishment of the pain of death,less it causethe Tribal nation to rise up and war againstthose whom have taken their kindred It is further agreedthat the Tribal Nation will forgive such intrusions,by the United States,upon the Tribal Nation and its lands for, its transgtessionsand thoseattempts of reclamationof slavesor suchproperty of thoseformer owners of suchpeoples. As forth coming it is set as the United Statesrecognizes the courtsof the Tribal Nation with its just, fairnessand its mercy and thus The United States agreesto the set termswith in suchcovenant with the SovereignChiel his warriors, council and associatedand confederatebands, and tribes. It is further agreedthat blacksmithsshall be sent to resideamong the said tribes or nations,to keeptheir guns and farming- untensilsin order, as long and in suchmanner as the Presidentmay think proper and the needof them be useful to the tribal nation. It is further agreedthat school-teachers,at the discretionofthe President,shall be sent among the said tribes or nationsfor the purposeof instructing them; and the said tribes or nationsbeing discoveredas Christianshaving no formal instruction in the Gospel agreethat preachersof the gospelmay travel or resideamong them by permissionor suchorder of the Presidentof the Uniied Statesor his agentsto be appointed,and thus by permissionand by election of the chiefs and that ampleprotection shall be afforded them in the dischargeof their duties,by such chiefs. The said tribes or nationsand their associatebands, and as suchtheir confederatesare now, and forever agreeto remain, at peacewith the United States.All animositiesfor past offencesand suchtrespasses are hereby mutually forgiven and forgotten, and the partiesto this treaty pledgethemselves to carry it into full execution,in good faith and sincerity. Article 1O We thus having met ChristianNatives and as such have the Trust and the vested authority of the Presidentof the United States and the fullnessof the faith of Congressto treat and act in the Interest of the UnitedStates we thus so for the common good of all we move and Treat for peace,and trade, We thus Treat freely with This Nation and as such bind such as the UnitedStates as to this oath with a covenantof gifts, smoke and blood drawn freely by both partiesas to determine a solutionof peacewith out war, thus we honor life and regard it as preciousand as such a sacredgift of God Almighty, and through the Name of JesusChrist His son declareour covenantbefore Him to our alliesand neighborssuch as good will and thus declareWe are brothersand as such we are and will be our brothers keeper, Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 18 of 27 PageID 53

For the Untied States

Signed Richard Sparks UnitedStates

Signed Thomas Freeman UnitedStates

Signed John Joseph Duforest Lt. UnitedStates

For the Tejas , and associated bands and confederates - . Walksfarand his mark . Middelbrooksand his mark . AzuleDelos Negora and his mark . RedWoman Buffalo and her markand the marksof herseven husbands: Lookingtwice, man on Earth,Crowhop, Otter Bear, Little voice, yonger wolf, Santiago De Chrstoslos roja casa r Cullos Kicacoup - "warsagainst dog" and his mark . WonderingElk and his mark o SisterMary Azule les le Rosas-("blue flower") a catholicconvert (nun) her signature r PeterBlackhand and hissignature- "captain of capturedsmall vessel" . Crowsfly west and war chiefhis mark o Fourwinds sing alone war chief - andhis mark . Juanbapitst los Tehesha Warchief and his mark o RedBear the younger- Sachemand his mark e MirumBolton " Speakinghands" hissignature tribal scribe educated by catholic priest- . Sahnoanles e Kicazule " bluewoman of goodhealth "and her mark ( holywoman - medicinewoman-midwife to chiefs) o Songswith birdsand her mark(tribal story teller) . Rosebudyounger Chief (cadis) and hismark o WalterS Freeman his mark (escapedslave to MasterE Smith)Tribal Freeman

Othersignatures were illegible and too far fadedto readafter this point

s/s- certifiedby: JayYerger document speciafistWrribalnotary 1986 - Jun 02 Atakapadocument restoration digitization project. FREEMAN-CUSTTSEXPEDTTTON ( r 806) http://digital. library. okstate.edu/encyclopedia/entries/F/FR0 I 9.htnd Case 7:08-cv-00173-O -KA Document 8 Filed 05/28/09 Page 19 of 27 PageID 54

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FREEMAN-CUSTISEXPEDIilON (1806)

ThomasJefferson knew that to makethe most of the 1803Louisiana Purchase, the UnitedStates needed to understandwhat it hadbought. Even before the purchase wasmade, he hadplanned to sendMeriwether Lewis and William Clark up the MissouriRiver. He alsowanted to sendexplorers up theRed and Arkansas rivers. TheRed River Expedition, also called the Freeman-Custis or Sparks Expedition, was partof Jefferson'smaster plan.

The RedRiver offered not only a pathto acquirescientific knowledge but also perhapsan approachfor American traders to SantaFe. Moreover, the UnitedStates wantedto establishits authoritywith the numerous American Indian tribes that lived alongthe river. Secretary of War HenryDearborn was charged with organizing the explorationin 1804.Dearborn selected Thomas Freeman, a surveyor,and Peter Custis,a medicalstudent, to leadthe scientific team on the mission up the Red River. Itwas the first exploration to be led by trainedscientists.

Inearly 1805 the U.S. Congress appropriated five thousand dollars for the expedition, whichJefferson called the "Grand Excursion." Capt. Richard Sparks of the U.S.Army was selectedfor overallcommand of thegroup. He broughtinfantrymen to provide security,and several local guides were hired to assist.The long delay in startingthe expeditionand the extensive preparations sharply increased costs; moreover, the slowstart helped doom the mission to failure.

Spainand the UnitedStates had created a commissionto determinethe boundary betweenLouisiana and New Spain. The former Spanish governor of Louisiana,the Marquisde CasaCalvo, had remained in NewOrleans to serveon theboundary commission.Jefferson ordered local authorities to secureCasa Calvo's permission for theexpedition. The marquis issued a passportbut noted that he couldnot override theSpanish authorities in Texas.He alsoinformed Texas officials that the expedition wouldsoon ascend the RedRiver. Spanish administrators in Texaswere already agitatedabout the boundary dispute. They adamantly opposed the American explorationof Spanishterritory. Capt. Francisco Viana, newly appointed as commanderof thegarrison at Nacogdoches,was dispatched to stopthe mission.

Meanwhile,the expedition entered the Red River in May1806. Progress was slow, and it was a monthbefore the explorerspassed into uncharted areas beyond Natchitoches.Snags and logjams on theriver continually delayed the boats; the

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companyencountered the Red River Raft, a hugeobstruction that clogged the stream.lt tookalmost two monthsto negotiatethe Great Bend of theRed River in presentLouisiana and Arkansas. The party did establishfriendly relations with the Caddoand Alabama-Quassarte (Coushatta) villages on the river, and Freeman and Custisrecorded valuable information about the peoples and ecology of the watercourse.

However,before the party could reach present McCurtain County, Oklahoma, southeastof ldabel,on July 28,1806, they were met by Spanishtroops under the commandof FranciscoViana. While the explorers had followed the river, the Spanish forcehad marched overland. Viana ordered them to leave.On August 1, unwilling to instigatean internationalincident, the Americans headed down river. The spot of the confrontation,known as SpanishBluff, is locatednortheast of NewBoston in Bowie County,Texas.

The Freeman-Custis/SparksExpedition was destined to failby sloworganization and unsettledconditions on the frontier. No new geographic information about the upper reachesof the RedRiver was obtained.The mission was a politicalsetback for PresidentJefferson. The materials that Freeman and Custis did collectwere vastly overshadowedby theachievements of Lewisand Clark, who had returned in 1806. The U.S.Army would not explore the headwaters of the RedRiver until the expedition of RandolphB. Marcyin the1850s.

SEEALSO: RANDOLPH MARCY, RED RIVER, RED RIVER RAFT, WESTWARD EXPANSION.

BIBLIOGRAPHY:Dan L. Flores,"The Ecologyof the Red River in 1806:Peter Custisand EarlySouthwestern Natural History," SoLtthwesfern Historical Quarterly 88 (July1984). Dan L. Flores,ed., SoufhernCounterpart to Lewisand Clark:The Freemanand Cusfrs Expedition of 1806(Norman: University of OklahomaPress, 2OO2).Carl N. Tyson,The RedRiver in SouthwesternHistory (Norman: University of OklahomaPress, 1981). Carl N.Tyson

@Oklahoma Historical Society

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lndianNations of Texas

Texaswas hometo hundredsof tribesof Americanlndians. The following tribes are discussedon this website.

Alabama-Coushatta

Thoughrecognized as two separatetribes, the Alabamas and Goushattas have long been considered onetiibe culturally. They migrated from present-day Alabama beginning in 1763,eventually settling in the BigThicket area of SoutheastTe>ras. The Alabamas and Coushattas were skilled warriors but preferredto stayat peace.They fought with Stephen F. Austinin hiscampaigns against the Karankawasand in the FredonianRebellion, and successfully drove the Comanchesout of their territoryin 183g.Their assistance to theTexans during the RunawayScrape in 1836won them the friendshipof evensuch an inveterateIndian fighter as MirabeauB. Lamar. In 1853,the Alabamas moved to a reservationin PolkCounty, where they were joined by the Coushattasin 1859.They helped move military supplies for Texasduring the CivilWar.Their support won praisefrom Confederate governors Francis R. Lubbockand Pendleton Murrah. However, the 1870ssaw the two tribesreach a low point,as an influxof whitesettlers into their lands destroyed theirtraditionalway of life. In the 1880s,the Alabamas and Coushattas began to buildnew lives, becoming experts in the burgeoninglumber industry and embracing both Christianity and education as anchorsin theirlives. Duringthese years, an attorneyfrom Livingston, J.C. Feagin, became a tirelessadvocate for the tribes.Feagin worked for decadesto gainfederal assistance for landand educational opportunities thatwould enable the tribes to be economicallyself-sufficient once again. This effort finally began to payoff inthe 1920s,when the government purchased an additional3000 acres of landthat helped makethe Alabama-Coushatta more competitive farmers. The federalgovernment also paid for additionaleducationalfacilities, a gymnasium, and a hospital. Sincethen, Alabama-Coushatta affairs have been alternately under both state and federaljurisdiction. Thetribes formally incorporated under the IndianReorganization Act of 1934and developed both a constitutionand by-laws. Anadarko

TheAnadarkos lived in EastTexas in present-dayNacogdoches and Rusk counties, Greatly impacted by diseaseand warfare, they migrated westward after the Te>as Revolution, seeking an areawhere

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theycould live free of whiteinterference and depredations from fiercer tribes, They moved to the BrazosIndian Reservation in 1854,and to IndianTerritory in 1859.

Apache

TheApaches dominated almost all of WestTexas and ranged over a widearea from Arkansas to Arizona.Two groupsof ,the Lipansand the Mescalaros,were of primaryimportance in Texas.Apaches were among the first Indiansto learnto ridehorses and lived a nomadicexistence followingthe buffalo.They also farmed, growing maize, beans, pumpkins, and watermelons, During the era of Spanishrule, the Apaches staged constant raids against the Spanishmissions. But as the 1700s woreon, they found themselves subject to raidingfrom the even more fearsome . Eventually,tlrey entered an on-again,off-again relationship with the Spanish,sometimes warring and raiding,other times allying with the Spanish against the Comanches and other enemies. WhenAnglo Americans began moving into Texas, the Apaches cultivated a friendshipwith them as a bufwarkagainst the Comanches. This friendship broke down in 1842,perhaps because of the unsolved murderof a Lipanchief named Flacco the Younger, whom the Lipansbelieved was killedby whites. Lipanand Mescalaro Apaches moved across the Mexican border and began a seriesof destructive borderraids that lasted for decades.lt was notuntil 1873 that the U.S.Army under Golonel Ranald S. Mackemieled a forceinto Mefco, destroyedthe villages, and forced the survivorsonto a reservationin NewMexico.

Arapaho

TheArapahos ranged to the northof Te>

TheBiloxis gave their name to the areaaround Biloxi, Mississippi, where they first encountered Europeaneiplorers, They began to migratewestward in the 1760sto avoidwhite interference. By 1828,a grouphad settled along the NechesRiver in present-dayAngelina County. The Biloxies becameallies of theCherokees and were caught up inthe violence in 1839that drove the outof Texas.Following that disaster, the Biloxiesscattered. Some went into Arkansas with the Cherokees,while others joined up with the Alabama-Coushattas, the Choctaws, and the Creeks.Other familiesmoved west to present-dayBell County. Eventually, Biloxis settled as far westas Brackettville andas far southas Nacimientoin Mexico. Caddo

Caddois the namegiven to about25 affiliatedgroups of peoplewho lived near the RedRiver in ,Arkansas, Louisiana, and Oklahoma. They lived in complexsettled societies and were known for theircultivation of corn(maize) and their beautiful ceramics. As Europeansmoved into their areas, the Caddosbecame leading traders, trafficking in furs,guns, and horses with Europeans and other Indians.By the early1840s, the had moved to the BrazosRiver area to try to escapethe relentlesspressure of Americanexpansion. They were forced onto a reservationin 1855.ln 1859they wereforced to moveagain, this time to a reservationin IndianTerritory (Oklahoma). Today, many Caddoscontinue to residein CaddoCounty near Binger, Oklahoma. Cherokee

TheCherokees were one of the principalIndian nations of the southeasternUnited States. Wars,

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epidemics,and food shortages caused many Cherokees to migratewest to Missouri,Arkansas, and Texasin hopesof preservingtheir traditionalway of life.Those who remained behind in the Southeast wereeventually removed forcibly to IndianTerritory (Oklahoma) in the incidentknown as the"Trail of Tears."

Cherokeessettled in Te>

TheSouthern Cheyennes lived an agriculturallifestyle in the BlackHills area untilthe introduction of the horse,when they adopted a nomadiclifestyle following the buffalo.Along with their allies, the Arapahos,they dominated the plainsbetween the Platteand Arkansas Rivers. Like the Arapahos, in 1840they settled their long-running war withtheir traditional enemies, the Comanches,, and Apaches.For about ten years, they lived in relativepeace, concentrating on tradingwith other tribes, Americans,and New Mexicans. However, by 1850the tribe was undersevere pressure from cholera, thewhiskey trade, the declineof the buffalo,and the loss of theircamping and hunting grounds to Americanexpansion. The tribe was spliton howto dealwiththeir setbacks, with some chiefs negotiatingwith the Americans for peace,and the famous Dog Soldiers waging relentless war' The U.5.nrmy movedto crushthe SouthernCheyennes in severalengagements, including the well-known incidentsat SandCreek (1864) and the Washita River (1868). Following the Washita massacre, the Cheyennesrelocated to a reservationin Oklahoma.A numberof Cheyennestook part in the RedRiver War inTexas in the 1870s. Ghickasaw

TheChickasaws lived in present-dayKentucky, Tennessee, Mississippi, and Alabama. They lived in permanentsettlements, and their way of lifedepended on bothhunting and agriculture. In the mid-sixteenthcentury, they were among the first lndians to encounterSpanish explorers. After years of resistingAmerican pressure to move,in the mid-1830sthe Chickasaws were forced to abandontheir traditionalhomes and take up residencein IndianTerritory. A numberof Chickasawsdisliked the new territoryand established a smallcommunity near Nacogdoches. The Chickasaws had been among the mostprosperous Indians in the UnitedStates before they moved, but the dislocation,together with Comancheraiding, hit their society hard. In 1843,Texas promised in the Bird'sFort Treaty to exercise bettercontrol over the RedRiver area and prevent the raiding.During the CivilWar,the Chickasaws, whoowned African-American slaves, sided with the Confederacy. After the war, Chickasawterritory becamea crossroadsfor thecattle drives, and the tribe largely lost its identity.

Coahuiltecanis the namegiven to hundredsof smalllndian groups who lived in northernMexico and southTe>

Gomanche

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TheComanches dominated a vastarea of North,Central, and West Texas. There were at least thirteenactive bands of Comanches,with five playing prominent roles in Texashistory. These unparalleledhorsemen led a nomadiclifestyle following the buffalo.They controlled trade in produce, buffaloproducts, horses, and captives throughout their domain. In the 1700s,the Comanches made theirpresence known in Texasby warringwith the Apaches and the Spanish.Fearing that they would loseTexas to the Comanches,the Spanishnegotiated a peacetreaty with them in 1785.When the Spanishwere unableto keeptheir promises in tradegoods and gifts, raiding against the Spanishresumed, with many of thestolen horses being traded to newlyarrived Americans. Afterthe , Americans wanted to settlein theTe>

Delaware

The Delawaresoriginated in the DelawareRiver region but were driven from their ancestral home by diseaseand white settlement. Eventually, the mainbody of thetribe ended up in Missouriand Kansas. Theywere relocated to lndianTerritory (Oklahoma) in 1868.These survivors became part of the Cherokeenation.

A smallgroup of Delawaresmigrated to Texasand settled around the Redand Sabine Rivers. Under the presidencyof SamHouston, the Delawaresassisted ranger patrols on thefrontier. During the administrationof MirabeauB. Lamar,they were caught up in theCherokee War andwere forced into lndianTerritory. A few Delawaresremained in Te>

TheHainais lived near the Nechesand Angelina rivers. They were the leadinggroup in the Hasinai confederacy,a groupof eighttribes that lived in Arkansas and East Te>

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otherIndians. They sometirnes worked as scoutsand missionaries for the Spanish,but are alsoknown to haverebelled in theearly 1600s. ln the 1660s,the Jumanos faced a rapidpopulation decline due to famineand war withthe Apaches. By 1700they had lost atl their territory and trade routes. Their cultureeventually died out, with the survivors drifting to joinother tribes, including the Apaches. Some scholarsbelieve that a smallgroup of Jumanosbecame the foundation of the Kiowasin Te>ras.

Karankawa

Karankawais the namegiven to severalrelated groups who lived along the Texas coast from Galvestonto CorpusChristi. The Karankawas were nomads who lived off thesea. They migrated betweenthe mainlandand the barrierislands in theGulf of Mexico,seldom remaining at a campsite morethan a few weeks.The Karankawas were the first Indians in Ter

TheKichais lived along the Louisiana-Texasborder on the Redand Trinity rivers. Disease and warfare greatlyreduced their numbers, and they were reduced to two smallvillages near present-day Palestine bythe 1770s.In1855, they joined several other small tribes in movingto theBrazos Indian Reservation.ln 1858,they fled the vlolence in thearea and moved to IndianTerritory, where they joinedthe Wichitas.

Kiowa

TheKiowas originated in the areaof modern-dayYellowstone Park but migrated south after the introductionof the horseculture. They became among the greatest horsemen in theworld and, along withthe Comanches, the mostfeared of the Plainstribes. They formed an alliancewith the Comanchesaround 1790 and together with the Arapahos and Southern Cheyennes, successfully held backAmericanexpansionintothesouthernp|ainsfordecades.The@,aIso knownas theWarren Wagon Train Raid, was ledby Kiowas,and two of the leaders,Satanta and Big Tree,were tried for murderin a one-of-a-kindtrialthat made national headlines. The Salt Creek Massacreled the U.S.Army to adopta muchmore aggressive policy toward the Kiowasand their allies,and by Juneof 1875the tribe was forcedon to the FortSill reservation in Oklahoma. Kickapoo

TheKickapoos originated in theGreat Lakes region. By thetime of the Republicof Texas,a number hadmigrated to Texasand allied themselves with the Cherokees. As Cherokeeallies, they were caughtup in theviolence of PresidentLamar's attempt to expelmost Indians from Te>ras. The Kickapoosfled to Mexico,where they formed an alliancewith the Mexicanarmy and conducted continuousharassing raids into Sottth Te>

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In 1873,Colonel Ranald Mackerzie led an expeditionagainst the Kickapoos.Mackenzie captured forty of thetribe's women, children, and elderly and took them to FortGibson in IndianTerritory. These peopleserved as hostagesto compelthe Kickapoowarriors to surrenderand begin reservation life. Mostrefused and continued to liveat El Nacimientoin northernMexico, which remains the homefor mostKickapoos today. They are notablefor theiradherence to theirtraditionalway of life.

PakanaMuskogee

ThePakana Muskogees were a branchof the Muskogeeor CreekIndians who migratedin 1834from Alabamaand Louisiana to present-dayOnolaska in PolkCounty. Their fortunes were closely tied to thoseof theAlabamas and Coushattas, who lived nearby. Disease, along with intermarriage with the Alabamasand Coushattas, led to theirdecline. The Pakana Muskogees numbered only 42 tribal membersin 1882.Most of thesesurvivors moved to the Creekreservation in Oklahomain 1899. Potawatomi

ThePotawatomis originated in theGreat Lakes area near present-day Green Bay, Wisconsin. In the 1830sand 1840s they fled the advance of whitesettlement. Most of thetribe moved to Kansasand Oklahoma,but one group allied itself with the Kickapoosand settled at the headwatersof the Sabine andTrinity rivers in 1852.They were involved in the DoveCreek massacre incident in 1865.

Shawnee

TheShawnees originated in the Ohioand Cumberland valleys in present-dayKentucky. During winter, theyranged in searchof game,while in warm months they settled and raised crops such as corn, squash,and beans. Beginning in theearly 18th century, the Shawneesbegan to migratewestward to try to escapewhite expansion into their territory. ln 1822,a bandof Shawneessettled in Texason the southbank of the RedRiver. They cultivated peace with both Indian neighbors and American and Mexicansettlers. In 1832,under the leadershipof chiefJohn Linney, they assisted the Mexicansin theirwar with the Comanches. In February1836, Sam Houston signed a treatywith the Shawnees, along with a numberof other Indiantribes, which designated land for theiruse. However, this treaty was neverratified by theTexas Senate.The Shawnees remained neutralduring the Cherokee war in 1839,hoping to preservetheir way of lifein Texas.The following year, Te>

TheTawakonis were a Wichitagroup who ranged between present-day Waco and Palestine. They participatedin the 1758raid on the Spanishmission at SantaCruz de SanSab6. The were includedin treatiesmade with the Republicof Te>

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early1700s. Their preferred lifestyle was to be nomadicbuffalo hunters, but they often found it difficult to pursuethis life because of raidingby theirtraditional enemies, the Apaches. They resisted Spanish colonizationand played a leadingrole in thedestruction of theSanta Cruz de SanSab6 Mission. In 1784,the Spanish killed El Mocho,the leadingwar chiefto theTonkawas, ushering in an era of uneasy peace.The Tonkawas formed an alliancewith Stephen F. Austinand the Americans and helped them inwars against the Comanchesand \Mchitas.

TheTonkawas suffered grave losses in the 1850s,when their reservation in Young County on the BrazosRiver was attackedby whiteTexans, They were forced to moveto a newreservation in lndian Territory(Oklahoma), where they were attacked and decimated again, this time by a groupof Delawares,Shawnees, Wichitas, Caddos, and others. The survivors came back to Teas, wherethey settledaround Fort Griffin arrd worked as scoutsfor the UnitedStates Army until the end of the Indian Wars.In 1884they returned to a reservationin Oklahoma. Waco

TheWacos were a branchof theWichita tribe. Most Wacos (also spelled Huecos) lived on the Brazos nearpresent-day Waco, though another band lived in the NewBraunfels area. They combined the buffalolifestyle in the winter with an agriculturallife the restof theyear, growing bean, squash, corn, melons,and watermelons. Wichita

Wichitais the nameof severalbands of peoplewho lived in present-dayOklahoma, Kansas, and along the RedRiver in Texas near Nocona. Hunters and farmers, the Wichitas prospered during the Spanish andMexican period, when they acted as middlemenin the lucrativetrade between the Comanches and whitesin Louisiana.The Wichitas participated in theComanche-led raid on the missionSanta Cruz de SanSabd in 1758and raided on severaloccasions. Disease and warfare took a heavytoll on theWichitas. The suMvors eventually settled on a reservationnear present-day Anadarko, Oklahoma.

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