Document 10.11 Treaty of Tehuacana Creek, October 9, 1844

Treaty of Tehuacana Creek, October 9, 1844

For eight years following the achievement of independence, Texas residents and Comanches and other local Indian nations engaged in sporadic warfare and almost constant raids on each other’s settlements. Men, women, and children were killed and taken hostage on both sides, and barns, fields, and villages were devastated. In 1840, following a smallpox epidemic, Comanche chiefs sought peace and sent a large group to San Antonio to negotiate terms. Instead, white officials and San Antonio residents murdered thirty-five of them. A year later, Sam Houston, a leader of the Texas rebellion but an advocate of fair treatment for Indians, was elected president of the Republic of Texas. After numerous discussions, Texas officials and the Comanches, along with nine other Indian tribes, signed the Treaty of Tehuacana Creek.

The commissioners of the Republic of Texas, and the Chiefs and head men of the before mentioned tribes of Indians, being met in council at Tehuacana Creek on the ninth day of October, in the Year 1844, have concluded, accepted, and agreed to and signed the following articles of treaty:

Article I. Both parties agree and declare, that they will forever live in peace, and always meet as friends and brothers. The tomahawk shall be buried, and no more blood appear in the path between them now made white. The Great Spirit will look with delight upon their friendship, and will frown in anger upon their enmity.

Article II. They further agree and declare, that the Government of Texas shall permit no bad men to cross the line into the hunting grounds of the Indians; and that if the Indians should find any such among them, they will bring him or them to some one of the agents, but not do any harm to his or their person or property. . . .

Article V. They further agree and declare, that the Indians shall no more steal horses or other property from the whites; and if any property should be stolen, or other mischief done by the bad men among the tribes, that they will punish those who do so and restore the property taken to some one of the agents. . . .

Article VII. They further agree and declare, that the Government of Texas shall establish trading houses for the convenience and benefit of the Indians, and such articles shall be kept for the Indian trade as they may need for their support and comfort.

Article VIII. They further agree and declare, that when peace is fully established between the white and the red people, and no more war or trouble exists, the Indians shall be supplied with powder, lead, guns, spears, and other arms to enable them to kill game and live in plenty. . . .

Article XV. They further agree and declare, that the President may send among the Indians such blacksmiths and other mechanics, as he may think best, for their benefit: and also that he may send schoolmasters and families for the purpose of instructing them in a Knowledge of the English language and Christian Religion, as well as other persons to teach them how to cultivate the soil and raise corn. . . .

Article XIX. They further agree and declare, that they will mutually surrender and deliver up all the prisoners which they have of the other party for their own prisoners; and that they will not be friendly with any people or nation, or enter into treaty with them, who will take prisoners from Texas, or do its citizens any injury. . . .

Source: Dorman H. Winfrey and James M. Day, eds., The Indian Papers of Texas and the Southwest, 1825–1916(Austin, TX: Pembroke Publishers, 1966), 2:114–19.