Indian Papers of Texas and the Southwest, Vol. I

The Indian Papers of Texas and the Southwest, 1825-1916, Volume I. (covers 1825-1843)

The Indian Papers of Texas and the Southwest 1825-1916

EDITED BY Dorman H. Winfrey AND James M. Day

VOLUME!

xxii

INTRODUCTION

In 1959 the Texas Library and Historical Commission au- thorized publication of the series of Texas Indian Papers in order to carry out the legislative mandate to "edit and preface for pub- lication copies of the Texas Archives." The purpose was to make available significant documents of Texas history which were not generally accessible to the public. The first volume covered the years 1825-1843; two volumes brought out in 1960 covered the years 1844-1845 and 1846-1859; and a final volume published in 1961 (co-edited by James M. Day) covered the Indian Papers from 1860-1916. Publication of the manuscript copies of Texas Indian Papers was a most appropriate choice and filled a need which had existed for a great many years. Historians and others doing work in almost all phases of Texas history had frequent need to examine the Texas Indian Papers. As a result of long and repeated use over the years, the manuscripts had become worn and in many instances were in such poor condition that some items could no longer be made available to researchers for general use. The volumes, then, were published to preserve the original copies of the Texas Indian Papers and to make their valuable contents available for wide public use. Favorable public response to the printed Texas Indian Pa- pers was demonstrated by rapid purchase (unfortunately a mea- ger publication budget limited the printing to 400 copies) and by favorable reviews the various volumes received in scholarly jour- nals. In a short time all volumes were out-of-print, and for some years now copies of the Texas Indian Papers have been almost unobtainable. Under these conditions the Texas Library and Historical Commission welcomed the suggestion of reprinting the Texas Indian Papers made by Mr. John H. Jenkins of the Pemberton Press. The Commission, with a desire to disseminate Texas his- tory to as wide an audience as possible, went on record to permit reprinting and to cooperate with the Pemberton Press in every way possible. It is commendable that these valuable reference books are available once again at a reasonable cost, and the new publication demonstrates a fine public service attitude on the part of the Texas Library and Historical Commission and the Pemberton Press. As was mentioned in the Preface to the first edition, the

original copies of the Texas Indian Papers were found to contain such a diverse assortment of material that a set of rules could not be established to cover every problem in editing. Particularly helpful suggestions have been supplied by Clarence E. Carter. Historical Editing (1952) and the sections on "The Copying of Manuscripts" and "The Editing and Printing of Manuscripts" in the Harvard Guide to American Histor'IJ (1955). Also examined for style and for suggestions were Charles Gulick and others (eds.), Papers of Mirabeau Buonaparte Lamar (1920-1927). Amelia W. Williams and Eugene C. Barker (eds.), Writings of Sam Houston (1938-1943), Eugene C. Barker (ed.), Austin Pa- pers (1924-1928), and William C. Binkley (ed.), Official Corre- spondence of the Texan Revolution 1835-1836 (1936). The documents are listed in chronological order. In almost all instances the originals have been copied verbatim et literatim. Words or letters have been supplied only when the document was illegible or torn, or where the orthography was such as to render its meaning doubtful. The printed copy was read numerous times against the original manuscript, and "sic" was inserted only when there was a feeling that a doubt would remain in the reader's mind about strange spelling, a date, or a fact. When an original document was not used, a notation has been given. Unfortunately the identification of individuals mentioned in the documents could not be included because of the limited appropriation and lack of time. An effort has been made to maintain consistent spelling with reference to proper names, localities, Indian tribes, and the like. Guides used for such spellings were F. W. Hodge (ed.), Handbook of American Indians North of Mexico (1907), W. P. Webb and H. Bailey Carroll (eds.) Handbook of Texas (1952), and the Southwestern Historical Quarterly. Over the years a great many persons in the Archives Divi- sion assisted with the publication, and more than an ordinary note of thanks goes to James M. Day, the present Director of State Archives, who assisted with the first volume and saw the final volume come from the press. Staff members who typed copy, checked spelling, read proof, and solved many problems too numerous to elaborate here included Mrs. Fischer Osburn, George R. Nielsen, Albert D. Patillo, J. R. Patterson, Jr., David B. Gracy, Paul Willcott, John C. Wilson, Mrs. Ann B. Dunlap, and Mrs. Irene Zavala Sanchez.

DORMAN H. WINFREY Director-Librarian Texas State Library

January 2, 1966

PREFACE A RESPONSIBILITY charged to the Archives Division of the Texas State Library is to "edit and preface for publica- tion [manuscript] copies of the Texas Archives." The purpose is to make available significant documents of Texas history which are not generally accessible to the public. The present publication fills a need which has existed for a great many years. Historians and others doing work in almost all phases of Texas history have had frequent need to examine the Texas Indian Papers. As a result of long and repeated use over the years, the manuscripts have become worn and in many instances are in such poor condition that some items can no longer be made available to researchers for general use. This work, then, has been brought out in order to preserve the original manuscript copies of the Texas Indian Papers and at the same time make their valuable contents available. A major problem faced in the early stages of editing was to determine what types of materials to eliminate in the publica- tion. Monetary appropriations and biennial deadlines had to be considered. After carefully surveying the documents, the decision was made to print in full all of the Indian Papers. As a result this publication includes the documents from 1825 to the end of 1843. Present plans are to bring out another volume which will cover the remaining period of the Republic from 1844 to Annexation. This should be followed by a volume devoted to the period of Statehood. The original copies of the Texas Indian Papers were found to contain such a diverse assortment of material that , set of rules could not be established to cover every problem in editing. Particularly helpful suggestions have been supplied by Clarence E. Carter, Historical Editing (1952) and the sections on "The Copying of Manuscripts" and "The Editing and Printing of Manuscripts" in the Harvard Guide to American HistoriJ (1955). Also examined for style and for suggestions were Charles Gulick and others (eds.), Papers of Mirabeau Buonaparte Lamar (1920- 1927), Amelia W. Williams and Eugene C. Barker (eds.), Writings of Sam Houston (1938-1943), Eugene C. Barker (ed.), Austin Papers (1924-1928), and William C. Binkley (ed.), Offi- cial Correspondence of the Texan R'evo?ution, 1895-1896 (1936). The documents are listed in chronological order. In almost all instances the originals have been copied verbatim et literatirn. Words or letters have been supplied only when the document

was illegible or torn, or where the orthography was such as to render its meaning doubtful. The printed copy was read numer- ous times against the original manuscript, and [sic] was •inserted only when there was a feeling that a doubt would remain in the reader's mind about strange spelling, a date, or a fact. When an original document was not used, a notation has been given. Unfortunately the identification of individuals mentioned in the documents could not be included because of the limited appro- priation and lack of time. An effort has been made to maintain consistent spelling with reference to proper names, localities, Indian tribes, and the like. Guides used for such spellings were F. W. Hodge (ed.), Handbook of American lndiam North of Mexico (1907), W. P. Webb and H. Bailey Carroll (eds.), Hand- book of Texas (1952), and the Southwestern Historical Quarter- ly. The State Archivist owes more than the ordinary note of thanks to members of the Archives staff who assisted in the publication. James M. Day laid the ground work, so to speak. on the style and format to be used. When Mr. Day was trans- ferred to the Legislative Reference Division of the State Library, the work was ably carried on by George R. Nielsen and Albert D. Pattillo, who have typed copy, checked spelling, read proof, and solved many problems too numerous to elaborate here. A portion of the typing and the index was done by Mrs. Irene Sanchez, Miss Carol Perkins, and J. R. Patterson. A word of thanks is extended to Mrs. Fischer Osburn, Assistant Archivist, for carrying on the archival functions which permitted the ar- chivist to devote the time necessary to bring out the publication within a rather tight schedule. To State Librarian Witt B. Harwell goes appreciation for the support and cooperation he gave to the project from the .start. Dr. H. Bailey Carroll, Professor of History at the Uni- versity of Texas, was frequently consulted and.his many valuable suggestions are deeply appreciated. Special thanks are extended to Mr. Thomas W. Streeter of Morristown, New Jersey, to Pro- fessor William R. Hogan of Tulane University, and to the University of Oklahoma Press for the use of the map of "Prin- cipal Communities and Roads in Settled Area of Republic of Texas Based on a map by Richard S. Hunt and Jesse F. Randel, 1845." DORMAN H. WINFREY State Archivist June 8, 1959

TEXAS INDIAN PAPERS, 1825-1843

No. 1

COPY OF PASSPORT FROM STEPHEN F. AUSTIN TO HUAN NOVALE [January 15, 1825] Stephen F. Austin Lieutenant Colonel Commandant of the colony on the Brazos and Colorado Rivers in the province of Texas. The bearer hereof Capt. Huan Novale is a principal chief of the Lipan Nation of Indians who are the friends and brothers of the american settlers in this province. I, therefore request all americans who may meet with said Capt. Huan Novale to receive him in friendship and treat him with kindness and at- tention.

Given under my hand and seal at the town -of San Felipe de Austin this 15th day of January 1825. Stephen F. Austin

The above is a copy of the original instrument given to Capt. Huale [sic] by S. F. Austin 1825. A certified copy was given by the Secretary of State at Houston, March 1838 to General de Castro, Chief of Lipan Jos. C. ELDREDGE Chf. Clk. State Dept.

[Endorsed] Copy of a Passport from S. F. Austin to Capt. Huan Novale -1825-Lipan Captain

No. 2

DOCUMENTS RELATING TO THE GRANT OF LANDS TO THE CHEROKEE TRIBE OF INDIANS BY THE MEXICAN GOVERNMENT ORIGINALS AND TRANSLATIONS [1831-1839]

LETTER FROM JOSE MARIA LETONA TO COMMANDANT GENERAL [September 1, 1831]

TEXAS INDIAN PAPERS, 1825-1843

Executive Depart of the State of Coahuila and Texas

His Excellency the Commandant General of these States under date 15th August last communicates to me the following: "Excellency-To comply with the promises made to the Cherokee tribe of Indians, by the Supreme Government, and consulting the preservation of peace with the agricultural Tribes, I have proposed them their settlement on a fixed tract of land, and they having selected it on the Headwaters of the River Trinity and the Banks of the Sabine, I request Your Ex- cellency, to cause that they be put into the possession of the same with the corresponding titles; and it is understood that the Commissioner appointed to that effect will agree to act in conjunction with Citizen Jose de las Piedras Colonel Command- ing the frontier of Nacogdoches." Which I do communicate to your Honor for your informa- tion, and for the purpose of adopting the necessary measures that the aforesaid agricultural Tribe shall be represented before this Government through the medium of an attorney infact, and he be instructed for the same purpose for which alike pro- ceedings have been adopted on the 19th July last as regards the Coushatta and Alabama Indians. God and Liberty, LEONA VICARIO 1st September 1831. (signed) Letona (signed) Santiago de] Valle Secy. To the Hon: the Political Chief of the Department of Bexar. A true translation of the original Spanish which I attest. Geo. Fisher Translator to the Senate

LETTER FROM DON RAMON MUSQUIZ TO JOSE MARIA LETONA [September 25, 1831]

Office of the Political Chief of the Department of Bexar

Excellency,

Being informed of the contents of the official note of His

TEXAS INDIAN PAPERS, 1825-1843

Excellency the Commandant General the these States of 15th August last, relative to give possession to the Cherokee Indians, of the lands which they have selected, and also of your Excellency's orders of the 1st inst. accompanied with the aforesaid Communication of His Excellency the Commandant Genl, in compliance of which I will cause that the necessary measures be adopted, that the alcalde of Nacogdoches shall no- tify the said Indians to be represented before Your Excellency through the medium of an Attorney infact, who in their name shall solicit the grant of the lands which they may need; but nevertheless I must inform Your Ex. that to the Indians of this Tdbe, as well as to those of the Coushatta and Alabama who solicit the adjudication of laws in proper ownership, will be difficult to procure and pay the Expenses of an Attorney or Solic- itor, who is required of them to be sent to the Seat of Govern- ment of this State, on account of their being uncivilized and poor men in consequence of which the requisition which I have caused to be made of them will be without effect; and even Supposing that they had those means and the laws should be granted to them according to the Colonization Laws, an embarrassment must present itself of their not having the means to pay the fees to the Co:nmissioner and to the Surveyor, nor the amount for the Stamp-paper, necessary for issu'ing them their titles, nor the Land Dues to the State, according the installments provided in the said Law.-For these reasons, if there should be no other method adopted, perhaps no progress can be made in this busi- ness; unless it be that His Excellency, the Commandant Genl. in Virtue of the authority vested in him by the Supreme Gov- ernment of the union as the Commissioner, shall establish them in the character of Colonists of the new Settlements, projected for account of the Federation. God and Liberty, Bexar 25th Sept. 1831 (signed) RAMON MUSQUIZ To His Excellency the Governor of the State of Coahuila and Texas A true translation of the original Spanish which I attest. Geo. Fisher Translator to the Senate

TEXAS INDIAN PAPERS, 1825-1843

NOTICE OF APPOINTMENT FROM JOSE MARIA LETONA TO DON RAMON MUSQUIZ [March 22, 1832]

Executive Department of the State of Coahuila and Texas

This day I have commissioned Colonel Don Jose de las Piedras to put the families composing the Cherokee tribe of Indians, into individual possession of the lands, which they pos- sess in your Department by the consent of this Government, and of the Government of the Federation. Therefore you will cause that the Stamp-paper which he may require to that effect be furnished to the said Commissioner, upon his responsibility.

God and liberty, LEONA VICARIO 22 March 1832 (signed) Letona (signed) Santiago del Valle Secy.

To the Political Chief of the Department of Bexar. A true translation from the original Spanish, which I attest. Geo. Fisher Translator to the Senate

LETTER FROM DON RAMON MUSQUIZ TO JOSE MARIA LETONA [April 22, 1832]

Office of the Political Chief of the Department of Bexar.

ExceHency.

By the Superior Note of Your Excellency of 22d March last I am informed, that Y. E. have been pleased to commission Col- onel Don Jose de las Piedras to put the families of the Cherokee Tribe of Indians, into individual possession, of the lands which they possess in this Department, as also, that the Stamp-paper which said Commissioner may require to that effect shall be furnished to him upon his responsibility. All of which I shall

...

TEXAS INDIAN PAPERS, 1825-1843

endeavour to cause to be complied with, as soon as he may apply for. God and Liberty, Bexar 22 April 1832 (signed) RAMON MUSQUIZ To His Excellency the Governor of the State of Coahuila and Texas. A true translation of the original Spanish, which I attest. Geo. Fisher Translator to the Senate

LETTER FROM JOSE DE LAS PIEDRAS TO DON RAMON MUSQUIZ [May 7, 1832]

Military Commandancy of the Frontier His Excellency the Governor of the State, in official note of 22d March last have been placed to commission me to adjudi- cate the laws in ownership to the families compos'ing the Cher- okee tribe of Indians, accompanying me to that effect the in- struction to which I have to subject myself, and having accepted said Commission, with the view of promoting good order on this frontier, I communicate the same to your Honor as one of the first duties of the said Commissioner, awaiting your orders and instructions for the better performance of the duties of the said Office, requesting your Honor to communicate your orders upon the same Subject to the Civil authorities for their guide. In making this Communication I have the honor to offer you my respects and esteem. God and Liberty, Nacogdoches May 7th 1832 (signed) JOSE DE LAS PIEDRAS To the Hon. the Political Chief of the Department of Bexar Don Ramon Musquiz A true translation of the original Spanish, which I attest. Geo. Fisher Translator to the Senate

TEXAS INDIAN PAPERS, 1825-1843

COPY OF A LAW OF THE LEGISLATURE OF COAHUILA AND TEXAS RELATING TO THE INDIANS [May 12, 1835] In order to secure the Peace and tranquility of the State, the Government is authorized to Select, out of the Vacant Lands of Texas, that Land which may appear most appropriate for the Location of the Peaceable and civilized Indians which may have been introduced into Texas. Article 2. It shall establish with them a line of defense along the frontier to secure the State against the Incursions of the barbarous tribes.

done at Montclova [sic] the 12th day of May 1835 (signed) AUGUSTIN VIESCA Gov.

I Marianno Irala Secy.

[Endorsed] Copy of a Law of the Legislature of Coahuila and Texas re- lating to the Indians 12th May 1835

LETTERS TO THE ALCALDE OF NACOGDOCHES FROM RUIZ [February 20-July 29, 1835]

The Supreme Government of the State, satisfied with the intention of the Cherokee Coushatta and other Indians will not permit them to be disturbed in the lands which they now occupy until the Genl Supreme Government shall determine upon the matter, and the Chiefs of the Cherokee nation having been made known to me, that five or six families have lately introduced themselves, among which there is one of the name of Cook and the widow of- and have established themselves within the pasture lands of the said Cherokee and are doing them much injury killing and wounding their cattle and of the deer, and it being absolutely necessary to maintain peace with those In- dians, that you proceed without loss of time to expel the said families from the above mentioned lands for which purpose you will order the Sheriff to be under the direction of Col. Bowles to inform these families of which he, Col. Bowles has complained, that they will immediately leave and remove themselves from the said lands, and that you will take care, that hereafter, that no body shall be suffered to Establish themselves within the Range on the pastures of the said Indians until the Supreme

TEXAS INDIAN PAPERS, 1825-1843

Gen. Government shall have determined upon what lands they shall be established. 20th Febry 1835 RUIZ To the Alcalde of Nacogdoches In answer to your Official letter dated the 17th of the present month I return to you, approve the account for $47.00 charged by the Sheriff for his services in having removed those individ- uals who had established themselves in the range or pasture of the Ch~rokee Indians in conformity with the order which I trans- mitted to you. 18th March 1835 RUIZ To the Alcalde of Nacogdoches Having recd. information that the Surveyor Stroud in con- travention of orders issued from this Department has dared to have surveyed lands within the boundaries of the Cherokee In- dians so as to include the house of one of their chiefs called Big Mush as has been stated to me by the Foreigner William F. Allison (who lives in the old Rancho of Joseph Durst) I com- mand you that you will summon the above mentioned Allison, that he will appear with his Witnesses to prove the act on some convenient day of this week, summoning also the above men- tioned Stroud to appear on the same day and that you will give notice t.hereof that I may send to you my instructions on the matter. RUIZ July 11th 1835 To the Alcalde Being informed of the result of the investigations, that you have made in the accusation against the Surveyor Stroud in your official communication made me of the 28 Inst. it is evident that the above mentioned Stroud had acted contrary to the instruc- tions given him by the Commissioner, and has violated the or- der issued to him from this Department for the maintainance of peace with respect to the lands of the industrious and peace- able Indians in consequence of which and in conformity with the obligations imposed upon me by the Law on that subject I

TEXAS INDIAN PAPERS, 1825-1843

order you to demand of the aforesaid Stroud a fine of fifty dol- iars and the cost of the suit-- RUIZ July 29th 1835

To the Alcalde of Nacogdoches

LETTER FROM VINCENTE CORDOVA TO MANUEL FLORES [July 19, 1838] To Manuel Flores Sir I hold a commission from General Vicente Filisola to raise the Indians as auxiliaries to the National Army and I have al- ready entered upon my duties by inviting a meeting of the neigh- boring tribes, and being informed that you are appointed for the same purpose I would be glad to know what preliminary ar- rangements you have made towards the accomplishment of the objects contemplated; and I hope you will make every effort to approach with such force as you may have at your command as far as you may judge proper, and that you will make all ef- fort to hold with me a verbal communication in order that we may have in our respective stations an understanding, and that you will bring the pipe which I understand you are in possession in order that the Indian Chiefs may smoke it of the Cherokee and other tribes, who have promised me to unite as soon as pos- sible for action, and who have also agreed that in case our plans should be discovered in the mean time, they then will commence operations with the force we may have at command, and it is highly desirable that you should approach to give us in such case a helping hand. We have heard here that the troops have commenced opera- tions in La Bahia but do not know whither it is true. I desfre we should treat with each other in full confidence which is necessary to the success of our commission. I will say no more at present than that you may act in full confidence of your friend that S.M.B. VICENTE CORDOVA [Enclorsed] Vincente Cordova to Manuel Flores July 19th, 1838.

TEXAS INDIAN PAPBRS, 1825-1843

No. 3

DOCUMENT RELATING TO MEXICAN LAND GRANT TO CHEROKEE INDIANS [Undated] In the year 1821 Gen Austin and Hayden Edwards both memorialized the General Government to obtain grants of col- onization contracts, and after a time and a series of changes in the Mexican Government they both succeeded in obtaining grants; Edward's grant included all the country East of the boundary of Austin's Colony to the Sabine and North of the San Antonio Road 20 miles in a direct line. Edwards went on in compliance with his contract, and in carrying it out he charged the colonist one bit per acre for their deeds. The col- onists thinking this an imposition, and a perquisite to which he was not by Law entitled memorialized the Executive of Coahuila and Texas, setting forth this and other streaches of power and authority which Edwards had been guilty of praying the inter- ference of the Government. In consequence of this memorial the Executive of the state in 1826, summoned Edwards to ap- pear before the Governor and Council and answer the charges in the memorial contained. Edwards instead of obeying the mandate of the Governor raised the standard of rebellion and in conjunction with Rich- ard Fields and Dr. Hunter, attempted to drive out the troops and authorities of the Government, all the well disposed cHizens East of the Trinity united against Edwards and his party. The Bowles and Big Mush and all their friends joined with the au- thorities, Genl. Austin called out the militia of. his colony and marched to their assistance, Col. Ymatha was sent on from the interior to command and reinforce the forts, Fields and Hunter were put to death by the Cherokees who had sided with the authorities. The troubles being over and quiet restored, all the civil au- thorities of the country, Genl. Austin and Col. Ymatha memorial- ized the supreme government, stating the services that had been rendered by The Bowl and his friends and requesting that the land might be assigned them which they then occupied. In 1821 an answer to this memorial arrived from Mexico containing a Colonel's commission and a complete set of Regimentals for The Bowl, and a Civil Badge for Big Mush, and possessory title such

TEXAS INDIAN PAPERS, 1825-1843

as Mexico and Old Spain always extended to the Indians. The grant to Burnet embraced the land thus given to the Cherokee, and the question is between the General and the State Government. In 1827 when president Victoria extended to Bowles the pos- sessory title to the lands occupied by the Cherokee the General government alone could convey the land-the state government had no right.

No. 4

APPOINTMENT OF SAM HOUSTON, JOHN FORBES, AND JOHN CAMERON AS INDIAN COMMISSIONERS [December 22, 1835] Be it resolved by the General Council of the Provisional Government of Texas That Samuel Houston, John Forbes, and John Cameron, be, and they are herei.,y appointed Commissioners to treat with the Cherokee Indians and their twelve associate bands, under such instructions as may be given them by the Governor and Council; and should it so happen that all the commissioners cannot attend any two of them shall have power to conclude a treaty and report the same to the General Council of the Provisional Government for its approval and ratification. Passed Dec. 22, 1835.

JAMES W. ROBINSON Lt. Gov. and Ex-officio

Pesident of the General Council Henry Smith Governor

E. M. Pease

Sec. of Council Approved 28th Dec. 1835

Chas. B. Stewart Secretary of Executive

Transcript [Endorsed] Resolution of the Genl. Council of the provisional Govern- ment relative to John Forbes, Sam Houston and John Cameron, Esqrs. Commissioners to treat with Cherokee Indians - - 1835 - -

TEXAS INDIAN PAPERS, 1825-1843

No. 5 APPOINTMENT OF SAM HOUSTON, JOHN FORBES, AND JOHN CAM- ERON AS INDIAN COMMISSIONERS BY HENRY SMITH [December 28, 1835] In the Name of the People of Texas Sovereign and free- To Whom these presents shall come, Be it known. That I, Henry Smith, Governor of Texas; by virtue of the authority vested in me as Governor aforesaid, do hereby com- m1ss1on John Forbes, Sam Houston and John Cameron Esqrs as Commissioners on the part of the Go,·ernment of Texas. in conformity with the Declaration of the chosen delegates of all Texas in Convention assembled in the month of Novcmber last, setting forth the external bounds within which certain Indians therein named are to be settled. And in conformity with an Ord'inance and Decree passed by the Legislative Council of Texas i.;ncler date of the 22 inst. authorizii:rr the appointment of the said Houston, Forbes and Cameron for the purposes afore- said to treat with the Indian Tribes in conformity with the su- perior declaration of the Convention, and pursuant to and in conformity with the said Ordinance and decree as above desig- nated, and to be governed by the accompanying instructions. All acts performed by the said Commissioners on the part, and in the name of the People of Texas, within the purview and by virtue of this authority shall be valid and ultimately ratified by this Government, in good faith, when finally ratified or sanctioned by this Government. In testimony of which I Henry Smith, Governor as aforesaid have ht?reunto set by hand and affixed my private seal, (No seal of office being yet provided)

Done and signed at my office in the Town of San Felipe, this 28th day of December, Eighteen Hundred and thirty five

HENRY SMITH Governor

Chas. B. Stewart Secretary of Executive [Endorsed] Commission to John Fol'bes, Sam Houston and John Cam- eron, f1·;1m Heni·y Smith. 1835.

TEXAS INDIAN PAPERS, 1825-1843

No. 6

INSTRUCTIONS TO INDIAN COMMISSIONERS JOHN FORBES, SAM HOUSTON, AND JOHN CAMERON FROM HENRY SMITH [December 30, 1835]

Executive Department of Texas

To John Forbes, Sam Houston and John Cameron Esqrs

Gentlemen The following will be handed you as

your instructions on the part of the Government of Texas by which you will be governed in the discharge of your duties as Commissioners in treating with the Cherokee Indians and their associate bands; in conformity with your commissions. You will proceed to Nacogdoches as soon as practicable and enter on the discharge of your duties in the discharge of which, you will in no wise transcend the Dec- laration made and signed by the Consultation in November last -you will in all things pursue a course of justice and equity towards the Indians, and to protect all honest claims of the Whites, agreeably to such Laws compacts or treaties, as the said Indians may have heretofore made with the Mexican Republic. You will provide in said treaty with the Indians, that they shall never alienate their Lands, either separately or collectively, except to the Government of Texas-- And to agree that the Said Government, will at any time here- after purchase all their claims at a fair and reasonable valuation --You will endeavour, if possible, to secure their effective co- operation at all times when it may be necessary to call the ef- fective force of Texas into the field and agreeing for their Serv- ices in a body for a specific time-If found expedient and con- sistent, you are authorised and empowered to exchange other Lands within the limits of Texas not otherwise appropriated in the room of Lands claimed by said Indians and as soon as prac- ticable, you will report your proceedings to the Governor and Counci! for their ratification and approval.

TEXAS INDIAN PAPERS, 1825-1843

San Felipe d€. Austin

I am Respectfully

Gentlemen Your obst HENRY SMITH Governor

December 30 1835 C. B. Stewart

Secretary of Executive

f Endorsed] Inst:·uc!lo!ls from Gov. Henry Smith, to John Forbes, John Camernn and Sam H?uston, Commissione1·s to treat with Che!·okce Indians in 1835.

No. 7 LETTER TO BYRD LOCKHART FROM J. W. ROBINSON

San Felipe de Austin Jany. 17, 1836 Sir,

You are hereby notified that you are this day appointed a commissioner to treat with the Comanche Indians now at San Antonio. Edward Burleson, J. C. Neill, John W. Smith and Francisco Ruiz are your co-commissioners, and you and they are requ"ired forthwith to repair to the city of San Antonio de Bexar, and treat with the said Indians. The Express Mr. Grit- ten is waiting, and cannot wait until your commission and in- structions can be made out, but they will he forwarded to you at Bexar by Gen. Burleson, who leaves here tomorrow for home, and then will pass by the upper road to San Antonio forthwith. As the Indians threaten an attack, it is sincerely hoped that it will suit your convenience to attend with him and them.

Yours very respectfully J. W. ROBINSON

Byrd Lockhart Esqr.

[Endorsed] Letter to Byrd Lockhart

Gonzales

TEXAS INDIAN PAPERS, 1825-1843

No. 8

TREATY BETWEEN TEXAS AND THE CHEROKEE INDIANS [February 23, 1836]

This Treaty made and established between Sam Houston, and John Forbes, Commissioners, on the part of the Provisional Government of Texas, on the one part, and the Cherokee, and their associate Bands now residing in Texas on the other part to wit: Shawnee, Delaware, Kickapoo, Quapaw, Choctaw, Biloxi, Ioni, Alabama, Coushatta, Caddo of the Neches, Tahocullake, and Mataquo,-By the Head Chiefs, Head men and Warriors, oi the Cherokee, as Elder Brothers and Representative of all the other Bands, agreeably to this last General Council. This Treaty is made-conformably to a declaration made by the last General Consultation, at San Felipe, and dated 13th Novem-

ber AD 1835. Article First,

The parties-declare, that there shall be a firm and lasting peace forever, and that a friendly intercourse shall be pursued, by the people belonging to both parties.- Article Second, It is agreed and declared that the before named Tribes, or Bands shall form one community, and that they shall have and possess the lands, within the following bounds. To wit-laying West of the San Antonio road, and beginning on the West, at the point where the said road crosses the River Angelina, and running up said river, untill it reaches the mouth of the first large creek, (below the great Shawnee village) emptying into the sa·id River from the north east, thence running. with said creek, to its main source, and from thence, a due north line to the Sabine River, and with said river West-then Starting where the San Antonio road crosses the Angelina river, and with the said road to the point where it crosses the Neches river and thence running up the east side of said river, in a north- west direction- Article Third, All lands granted or settled in good faith previous to the settlement of the Cherokee, within the before described bounds,

TEXAS INDIAN PAPERS, 1825-1843

are not conveyed by this treaty, but excepted from its operation. -All persons who have onc-2 been removed and returned shall be considered as intruders and their settlements, not be re- spected.- A1·ticle Fourth, It is agreed by the parties aforesaid that the several Bands or Tribes named in this Treaty, shall all remove within the limits, or bounds as before described.- Article Fifth, It is agreed and declared, by the parties aforesaid that the Land, lying and being within the aforesaid limits shall never be sold or alienated to any person or persons, power or Govern- ment, whatsoever else than the Go';ernment of Texas, and the Commissioners on behalf of the Government of Texas bind themselves, to prevent in future all persons from intruding within the said bounds.-And it "is agreed upon the part of the Cherokee, for themselves and their younger Brothers, that no other tribes or Bands of Indians, whatsoever shall settle within the limits aforesaid, but those already named in this Treaty, and now residing in Texas.- Article Sixth, It is declared that no individual person, member of the Tribes before named, shall have power to sell, or lease land to any, person or persons, not a member or members of this com- munity of Indians, nor shall any citizen of Texas, be allowed to Lease or buy Land from any Indian or Indians. Article Seventh, That the Indians shall be governed by their own Regulations, and Laws, within their own territory, not contrary to the Laws of the Government of Texas.-All property stolen from the citi- zens of Texas, or from the Indians shall be restored to the party from whom it was stolen, and the offender or offenders shall be punishtd by the party to whom he or they may belong. Article Eighth, The Government of Texas shall have power to regulate Trade, and intercourse, but no Tax shall be laid on the Trade of the Indians.- . Article Ninth, The Parties to this Treaty agree that one or more agencies,

TEXAS INDIAN PAPERS, 1825-1843

shall be created and at least one agent shall reside, specially. within the Cherokee Villages, whose duty it shall oe to see, that no injustice is done to them, or other members of the com- munity of Indians. Article Tenth, The Parties, to this Treaty agree that so soon as Jack Steele, and Samuel Benge, shall abandon their improvements. without the limits of the before recited tract of country, and remove within the same, that they shall be valued and paid for by the Government of Texas, the said Jack Steele and Samuel Benge having untill the month of November next succeeding from the date of this treaty, allowed them to remove within the limits be- fore described.-And that all the Lands and impro•::,rnents now occupiC'd by any of the before named Bands or Tribc5. not Tying- within the limits before described shall belong to the Goveni- ment of Texas and subject to its disposal. Article Eleventh, The parties to this Treaty agree and stipulate that all the Bands or Tribes, as before recited (except Steele and Benge) Shall remove within the before described limits, within Eight months from the date of this Treaty. Article Twelfth, The parties to this Treaty, agree that nothing herein con- tained shall effect the relations of the Saline, on the Neches nor the Settlers in the neighbourhood thereof untill a General Council of the Several Bands, shall take place and the pleasure -0i the Convention of Texas be known. Article Thirteenth, It is also declared, that all Titles issued to Lands, not agree- ably to the declaration of the General Cousultation of the Peo- ple of all Texas, dated the Thirteenth day of November. Eighteen hundred and thirty five, within the before recited limits, are declared void-as well as, all orders and surveys made in relation to the same.- Done a!· Colonel Bowles Village on the Twenty third day 0f Feb- ruary, Eighteen hundred and thirty six, and the first Year of the Provisional Government of Texas.- - -

TEXAS INDIAN PAPERS, 1825-1843

SAM HOUSTON JOHN FORBE.S his COLONEL X BOWLES mark BIG MUSH X his mark his SAMUEL X BENGE mark his OOSOOTA X his mark CORN X T ASSLE mark THE X EGG his mark his JOHN X BOWLES mark TUNNETEE X his mark

Witnesses his Fox X FIELDS mark

HARRY MILLARD JOSEPH DURST A. HORTON GEORGE W. CASE MATHIAS A. BINGHAM GEO. W. HOCKLEY Secretary of Commission . .

Indian Treaty 1835

[Endorsed]

No. 9 LETTER FROM DAVID G. BURNET TO M. B. MENARD [March 19, 1836]

M. B. Menard Esqr Sir

You have been selected as the most suitable person to be found in Texas, for the transactions of business that is equally important and delicate. The government reposes an unlimited confidence in your patriotism and intelligence and are sensible that no other citizen is as fully qualified as yourself to discharge the interesting duties of your appointment. It is a matter of great importance to Secure the entire neu- trality at least, of the Indian tribes generally, and especially of Such of them as have migrated from the north-your experience in Indian affairs renders it very desireable to have the benefit of Your agency in effecting this object. Accompanying this You will receive Your commission and I hope You will make it convenient to proceed with all dispatch

TEXAS INDIAN PAPF.RS, 1825-1843

to the plac.e of operations-Your known familiarity with the peculiarities of the Indian characte1· induces the government to invest You with much discretionar.v power: But I must enjoin it upon you to avoid with great caution entering into any Spe- cific treaty relating to boundaries, that may compromit the in- terests of actual settlers-It may ,·ery plausibly and justly be represented to the Chiefs, that we are too much occupied at this time, to negociate positive treaties-the ample justice Shal1 be rendered to them as Soon as the foreign relations of the Coun- try are adjusted on a peaceable footing-and that lands adequate to their wants will be fully granted for their exclusive use. You are authorised to draw on the War Department for any Sum or Sums not exceeding Two Thousand dollars-It 'is be- lieved the merchants of Nacogdoches will accept your drafts in payment of goods. You will employ such amount within the 2000$ as Your judgment may deem adviseable in presents to the Chiefs and headmen of the General Tribes, provided You first ascertain that the distribution of such presents would contrib- ute to the object of your mission. If you could secure the Services of even a few confidential men of the Shawnee tribe or any other personally Known to you to act as scouts, it would be a valuably acquisition to our forces. But they must be men on whose fidelity the utmost re- liance may be placed. You will receive instructions of a strictly confidential nature from the War Department to which I doubt not your zealous attention will be given- [E11clor,1ecl] M B Me:1ard Inst ructions

No.10 LETTER FRO:\I A. LEGRAND TO DAVID G. BURNET [November 7, 1836]

i ! I f

President of Texas

His Excy. David G. Burnet

Sir, In conformity with your instructions I proceeded direct and as soon as circumstances would permit to this post on my way to the Comanche and Kiowa nations. Immediately on my ar-

I l Iii....

TEXAS INDIAN PAPERS, 1825-1843

rival at New Orleans your draft on Messrs T. Toby & Brothers was honored by those gentlemen. I have been somewhat (unavoidably) delayed in my progress to this place where I arrived six days since. Tomorrow I take my departure for the Prairies in company with the [to·rn] of the traders. This circumstance affords me facilities for the transportation of necessaries. My arrival among the Indians will probably take place in about ten days from this time: when I shall hurry thro my business with the Indians so as to make as early an appearance in Texas as possible. On my arr'ival at this post, I consulted with the Prest. of the bord of Commissioners for the Indians (west) on the propriety of my views with the Comanche and Kiowa and he sanctioned them. This step I thought proper. I apprehend no difficulty in transacting my business with the Indians: However I shall again and as soon as possible no- tify you of my progress.

I have the honor to be with much respt. your Hum. Sert.

Fort Gibson Nov. 7th 1836

A. LEGRAND

His Excdy. the President of the Republic of Texas

[Endorsed]

Care of l\less;·s. T. Toby & Brother

~t'w Ol'leans 26 Deem.

New Orleans Forwarded by Thos. Toby & Brother A. LeGrnnd Nov. 7 1836

No. 11

BILL OF GOODS FURNISHED THE CHEROKEE INDIANS BY RICHARD SPARKS ,.\~D SMITH [February 24, 1837] A Bill of Goods furnished by Richard Sparks and Smith for the Cherokee on their trip to the prairies Twdve Blankets $8. per Blanket twenty one tin cups .25cts each One coffee Biler for Bowles 20 fh. ps of stroud per flap $1.50 $96.00 5.25 1.50 30.00

TEXAS INDIAN PAPERS, 1825-1843

14.00 25.00 5.00 .75 15.00 10.00 10.50

14 large Butcher knives per knife $1 1 pair of Brass spirs for Bowles 75cts 20 lbs. of Bar lid .25 cts per pound 1 pair of Brass Spirs for Bowles 75cts 20 lbs of tobacco .75 cts per lb.

2 Brass Kitels of a reasonable large quantity $5 ea. 21 papers of Paint vermillion .50 cts each paper

$212.50 I, Bowles, the Commanding chief of the party do ask and with agent to percure the above mentioned articles for me if possible for my journey to the prairies to proceed on the above request mentioned with my twenty cne men with me I the said Col. Richard Sparks and Smith seeing the necesity and being present and seeing the above number of Cherokee Indians this far on their march at the Saline I have furnished the above articles by the request of the Bowl the agent promis- ing the same to be forward on to the pres·ident where unto we have set our hand and seals this Day and Date Feb. th 1837

Col. Bowl Capt. Egg WILLIAM GOYENS acting Agent

[Endorsed) Goyens Spark3 Bill 298.25 cnts there being an error of $14.25 cents in charge t'or spurs Re'd 24th Feby 1837 refered same day to war Dept. Houston

No. 12 LETTER FROM W. H. SECREST TO SAM HOUSTON Colorado March the 1: 1837

Mr President Sir I am after my respects to you under the painful necessity of informing you that the Indians have committed severe} depra- dation on the Setelers of Millcreak and Colorado they killed a

TEXAS· INDIAN PAPERS, 1825-1843

dutchman by the name of Fotran and two children and kild Roberson our representative and his brother, they are steelen and kilien all our stock and we cant help ourselves we are so few in number that we cant leave our homes to rout them I am here the same as both hands tied four women to guard so that I can't get out to see about them if you cant do· somthing for us we are in a bad situation and will no doubt be some of our wom- en and children tnassaceed the next time you here from us I have not seen any of them myself but they come to see me and as I was not at home took two horses shot one on and left untill the next time and I dont no how long that may be for they are in the settlement yet I can here of them even two or three days nothing more but remain your most respectfully W H SECREST [The following parag;-aph is probably an endorsement w!·itten b:r a govemm<>nt official.] The Secy of State will write the Government of the U States and urge in the strongest terms the necessity of sending a force, and at least two companies of mounted men, from the U States, to Keep the Caddo in check beside an Infantry force at Nacog- doches. The last treaty between them and the U States threw them upon us, with feelings of hostility against all americans -They regard us, part of the american family. The Treaty demands all that we solicit! our demand should be heard. [Endorsed] W. H. Secrest Colorado March 1: 1837 to the President

No. 13

LETTER FROM THOMAS J. RUSK TO JESSE WATKINS

Nacogdoches

14th Septr. 1837

To Jesse Watkins Esq Sir you will proceed to the Praires to meet the Head man of the Keechi Caddo Tawakoni and loni Tribes of Indians tak- ing with you as Interpreter Luis Sanchez you will first listen to any talk they may desire to hold with you and then inform them that we are disposed to be at peace with all our Red Breth-

- - - ------. .. , --

TEXAS INDIAN PAPERS, 1825-1843

ren that we are disposed to break our long knives and bury our Tomahawks with them and to open a trade road between the house of the Red and white man that al! we shall require of them will be to give up the prisoners they have of ours to bring back all the property they have stolen and not to murder or steal any more and to prevent other Indians from doing so where they may know of it to all of which if they will agree you may promise them that we will make a Treaty of peace with them which shall last forever The presents which are furnished to you you can distribute as you may think mcst proper and you may make such arrangements about the chiefs corning in as is most satisfactory to the Indians We would like well if they could be brought down to the Seat of GoYernment blit for fear that cannot be done we will &sk the President to nominate two commissioners here who can treat with them and who will be furnished with the proper instruc~ions In your talk with them you will be careful not to promise them La!1cls at any particular place ?.nrl be cautious yo~: mr.ke no promise however :-:light that cannot be strictly complied with \'ery respectfully your obt Serrnnts signed THO J RUSK K H DOUGLASS [Endorsed] Instructions to JesEe Watkins 14 Sept. 1837

No. 14

REPORT OF STANDING COMMITTEE ON INDIAN AFFAIRS

Committee Room 12th Oct 1837

Mr President The Standing Committee rn Indian affairs, Beg leave to Re- port,-That they have had the subject under consideration and that, in its investigation they have found it one of vast impor- tance to the Republick comprising a complication of conflicting interests, And one which necessarily forces within .the observa- ti<'n of your Committee those Publiclc Acts had in reference to the Indians within the borders of this Republick: Your Committee have thought proper to Lay before the Hon-

TEXAS INDIAN PAPERS, 1825-1843

orable Senate as correct a list of the different tribes with their force, habits, Locality, Interests origin and probable feelings in reference to this Govt as the limited means of information in possession of your Committee will allow and they frankly admit that much of this information is discernable from indi- vidual information. No official information·having been fur- nished your Committee through any of the departments of this Govt other than the documents herewith submitted. South of the San Antonio road in the Counties of Nacog- doches and Liberty live the Coushatta, Alabama, Biloxi and Muskogee the three former of about 50 and the latter of about 3 years residence in Texas all originally from the "Creek Coun- try" of the U. S. They speak a similar dialect are about 150 warriors in number mostly Hunters of Pacific feelings towards the Govt. of this Republick and having very limited if any pre- tensions to Territory. These Indians have no communication with the tribes of the Praries whom they dread and with whom they have been at variance. The Huawni [Hainai ?] and Choctaw live in the Counties of Nacogdoches and Shelby on the waters of the Attoyac and Pa- troon, they are of the old Choctaw nation have resided in Texas about two years are of Pacific feelings, are about 40 in number and have no pretensions to soil among them are a few Chicka- saw, of similar character. The Caddo, Joni, Anadarko, Abadoche among whom are dis- persed the Ais and Nacogdoches Indians speak a similar lan- guage are descended from the old Caddo nation and with the ex- ception of the Caddo are natives of this Country-They all un- derstand and speak the Castilian Language. They are about 225 in number and previous to their late Hostilities live in the County of Nacogdoches, some have returned to the'ir old homes but mo~t of them are still with their squaws and Children on the Praries united with the Hostile tribes that dwell there; about one half of these Indians are good marksmen all of them Hunt for a living and are on intimate terms with all the tribes of the Praries. They are thought to be the greatest rogues and the most treacherous Indians on our frontier. The Keechi, Ta1£1akon-i, Waco and Tawehash or Pawnee are Indians of the Praries, Hunt altogether for a living travel al- together on horseback armed mostly with the Bow and Lance, what fi!"e arms they have are smooth bores or traders guns of

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