On May 15th, 1846, a significant gathering took place at Council Springs in Robinson County, Texas, near the banks of the Brazos River. This meeting culminated in the creation of a treaty, a formal agreement between the United States of America and a collective of Native American tribes residing in the region. The document, officially titled Treaty With The Comanche, Aionai, Anadarko, Caddo, Etc., 1846, stands as a testament to the complex relationship between the burgeoning American nation and the indigenous peoples whose ancestral lands were increasingly being encroached upon.
Representing the United States at this pivotal council were P.M. Butler and M.G. Lewis, acting as commissioners with full authority to negotiate and formalize agreements on behalf of the government. On the other side of the table sat the chiefs, counselors, and warriors representing a diverse array of tribes and their associated bands. These included the Comanche, I-on-i (Aionai), Ana-da-ca (Anadarko), Cadoe (Caddo), Lepan (Lipan Apache), Long-wha, Keechy (Kichai), Tah-wa-carro (Tawakoni), Wi-chita (Wichita), and Wacoe tribes. Each delegation carried the weight of their respective nation’s history, culture, and future prospects as they engaged in these critical discussions.
This article delves into the specifics of the treaty, exploring its articles and the implications they held for both the United States and the signatory tribes. It aims to provide a comprehensive overview of the agreements made, the promises exchanged, and the underlying power dynamics at play during this period of westward expansion and cultural collision. The Treaty With The Comanche, Aionai, Anadarko, Caddo, Etc., 1846 provides a window into the past, allowing us to examine the hopes, fears, and compromises that shaped the landscape of the American West.
Acknowledgment of Protection and Trade Regulation
The initial articles of the treaty establish a clear hierarchy, with the Native American tribes acknowledging the United States’ authority and protection. Article 1 explicitly states that the chiefs, warriors, and counselors, representing their tribes, recognize themselves as being under the protection of the United States, and "of no other power, state, or sovereignty whatever." This declaration marked a significant shift in the tribes’ political landscape, effectively relinquishing their independent status in favor of a dependent relationship with the American government.
Article 2 further solidifies this dynamic by granting the United States the "sole and exclusive right of regulating trade and intercourse" with the signatory tribes. This provision aimed to control and manage the economic interactions between the two parties, preventing exploitation and ensuring fair dealing. The treaty stipulated that only individuals licensed by the superintendent appointed by the President of the United States could engage in trade with the tribes. This licensing system was intended to protect the tribes from unscrupulous traders and ensure that only authorized individuals were conducting business within their territories.
However, the article also highlights the potential for abuse of power. While the treaty outlined procedures for addressing unfair dealing by licensed traders, the very fact that the United States held the power to grant and revoke licenses placed the tribes in a vulnerable position. Furthermore, the article stated that any unlicensed trader found among the tribes would be dealt with "according to law," effectively subjecting them to the jurisdiction of the United States legal system.
Prisoner Exchange and Security Concerns
One of the most pressing issues addressed in the Treaty With The Comanche, Aionai, Anadarko, Caddo, Etc., 1846 revolved around the exchange of prisoners held by both the Native American tribes and the United States. Article 4 stipulated that the tribes were obligated to deliver all white persons and negroes held captive to the superintendent of Indian affairs by the first day of November following the treaty’s signing. In exchange, the United States agreed to provide "fair compensation" for the released prisoners and to ensure the return of all prisoners taken from the tribes by Texas or the United States.
This provision reflects the volatile nature of the relationship between the two groups, marked by conflict and captivity. The demand for the release of white and black prisoners underscores the anxieties of the American settlers and the importance placed on reclaiming individuals taken captive during raids and skirmishes. The treaty also addressed the potential for non-compliance, granting the President of the United States the authority to send military force into tribal territories to retrieve prisoners if necessary. The tribal chiefs, in turn, pledged to provide protection and assistance to any individuals sent for this purpose.
Article 6 further emphasized the security concerns of the United States, requiring the tribes to provide notice to the U.S. agent residing near them of any potential threats or hostile intentions from neighboring tribes or individuals. This provision essentially turned the signatory tribes into informants, obligating them to share information that could potentially compromise their relationships with other Native American groups.
Legal Jurisdiction and the Issue of Stolen Horses
Articles 7 and 8 of the treaty dealt with legal jurisdiction and the persistent problem of horse theft, respectively. Article 7 established a framework for addressing instances of murder or robbery committed by either Native Americans against U.S. citizens or vice versa. In cases where a Native American committed such a crime against a U.S. citizen, the tribe was obligated to deliver the offender to the nearest U.S. post for trial and punishment under the laws of the relevant state or territory. Similarly, if a U.S. citizen committed a crime against a member of the signatory tribes, they would be arrested, tried, and punished according to the laws of the state or territory where the offense occurred.
This provision, while seemingly equitable, effectively subjected the Native American tribes to the jurisdiction of the United States legal system, potentially undermining their own traditional forms of justice. It also highlights the inherent power imbalance between the two groups, as the U.S. legal system was often biased against Native Americans.
Article 8 addressed the pervasive issue of horse theft, recognizing it as a major source of conflict between the United States and the Native American tribes. The treaty explicitly stated that the practice of stealing horses "shall be put an entire stop to on both sides." However, recognizing the likelihood of continued transgressions, the article stipulated that individuals convicted of horse theft would be punished with "the utmost severity" according to the laws of the relevant state or territory. Furthermore, all stolen horses, regardless of who possessed them, were to be returned to their rightful owners upon proof of ownership. The chiefs of the signatory tribes were obligated to assist U.S. citizens in recovering stolen horses, while U.S. civil magistrates were required to aid Native Americans in reclaiming their stolen horses.
Economic Considerations and Cultural Assimilation
Article 9 outlined provisions for the protection of the signatory tribes and the implementation of the treaty’s stipulations. It granted the President of the United States the discretion to establish trading houses, agencies, and posts along the borders of tribal territories. Furthermore, in recognition of the "friendly disposition" of the tribes, the U.S. commissioners agreed to provide them with goods as presents at the time of the treaty’s signing and to distribute additional goods worth $10,000 at a later date, as determined by the President.
These economic concessions were intended to incentivize the tribes’ compliance with the treaty’s terms and to foster a sense of goodwill. However, they also reflect the paternalistic attitude of the U.S. government towards Native Americans, viewing them as dependent on American generosity.
Articles 13 and 14 of the Treaty With The Comanche, Aionai, Anadarko, Caddo, Etc., 1846 hinted at a broader agenda of cultural assimilation. Article 13 stipulated that blacksmiths would be sent to reside among the tribes to maintain their guns and farming implements, and that schoolteachers would be dispatched at the President’s discretion to provide instruction. The tribes also agreed to allow preachers of the gospel to travel or reside among them with the President’s permission, ensuring their protection in the performance of their duties. These provisions aimed to introduce American values, skills, and religious beliefs into the Native American communities, gradually eroding their traditional cultures.
Maintaining Peace and Preventing Intoxication
The final articles of the treaty focused on maintaining peace and preventing the introduction of alcohol into tribal territories. Article 10 declared that the signatory tribes agreed to remain at peace with the United States "now, and forever." It also stated that all animosities for past offenses were mutually forgiven and forgotten, and that both parties pledged to carry the treaty into full execution in good faith and sincerity. Article 11 extended this commitment to peace to other tribes residing on the waters of the Arkansas, Missouri, and Red Rivers who were already at peace with the United States.
Article 12 addressed the detrimental effects of alcohol on Native American communities, prohibiting the introduction of "ardent spirits or intoxicating liquors of any kind" among the signatory tribes. Anyone found violating this provision would be punished according to the laws of the United States, and the tribes were obligated to notify the U.S. agent of any violations and to prevent them by any means possible.
The Treaty With The Comanche, Aionai, Anadarko, Caddo, Etc., 1846 was signed by representatives of the United States and numerous Native American tribes. The signatures of P.M. Butler and M.G. Lewis, U.S. Commissioners, appear alongside the names of chiefs, counselors, and warriors from the Comanche, Wacoe, Keechy, Tonkawa, Wichita, and Towa-karro tribes, among others. The treaty stands as a historical document, capturing a specific moment in the complex and often tragic relationship between the United States and the Native American tribes of the Southern Plains. It highlights the power dynamics at play, the competing interests, and the enduring legacy of westward expansion.