In a historic meeting on December 10, 1850, near the headwaters of Wallace Creek, Special Agent John H. Rollins forged a pivotal peace treaty with the chiefs of numerous Texas Indian tribes. This landmark agreement, aimed at establishing peace and defining relations between the U.S. government and these tribes, covers a wide array of commitments from acknowledging U.S. jurisdiction to regulating trade, ensuring mutual peace, and setting forth guidelines for the return of prisoners and stolen property. With the original treaty held in Washington and a copy in the Texas State Library, this document remains a crucial piece of history in understanding the complex relationships and negotiations between Native American tribes and the expanding United States.
Treaty Ground and Treaty of Peace Between U.S. Government and Texas Indians
The “Treaty Ground” is in a small mesquite flat a few hundred yards east of the headwaters of Wallace Creek in San Saba County, Texas. It is situated on Survey No. 104 in the name of Ludwig Borches and at the present time (1955) owned by Emmett Kuykendall. The Treaty Rocks that originally marked the spot upon which Special Agent John H. Rollins, representing the U.S. Government, made a Treaty of Peace with the various Chiefs of all the Indian tribes of Texas, Dec. 10th, 1850, are now held by the Texas Memorial Museum at Austin, Texas. These stones, so far as their shape is concerned, are just as nature made them, are two in number, and were engraved by J. Delaney.
Articles of Treaty
Made and concluded on Spring Creek, near the river San Saba, this the 10th day of December, A.D., 1850, between John H. Rollins, Special Agent of the U.S. for the Indians of Texas, acting for the United States on the one part, and the undersigned Chiefs, Warriors, Captains, and councilors for themselves and for those under their control and acknowledging their authority, on the other part.
Witnesseth:
Article 1st
The undersigned Chiefs, warriors, captains, and councilors for themselves and for those under their control and subject to their authority, do hereby acknowledge themselves to be under the jurisdiction and protection of the United States of America, and of no other power, State, or Sovereignty, whatsoever.
Article 2nd
It is stipulated and agreed by the Indians, parties hereto, that the Government of the United States shall have the sole and exclusive right of regulating trade and intercourse with them, and they do hereby respectively engage to afford protection to such persons, with their property as shall be duly authorized to reside among them for the purpose of trade and intercourse, and to their agents and servants; but no person shall be permitted to reside among them as a trader, or introduce goods into the Indian country who is not furnished with a license for that purpose, according to the laws of the United States, to the end that the said Indians may not be imposed upon in their trade; and if any licensed trader shall abuse his privilege by unfair trading, upon complaint by said Chiefs to their Agent, and proof thereof, his license shall be taken from him, and he shall be further punished according to law; and if any trader shall intrude himself as a trader or introduce goods into the Indian country without such license, upon complaint, be dealt with according to law, and the goods so introduced shall be forfeited to the Indians giving the information, who shall have the right to take into possession and keep such goods until said matter is investigated.
Article 3rd
And said Indians, parties hereto, are now, and agree forever to remain at peace with the United States.
Article 4th
The said tribes or nations, parties to this treaty, are anxious to be at peace with all nations of people, with whom the United States are at peace, and it is agreed that the President shall use his exertion in such manner as he shall think proper to preserve friendly relations between the different tribes or nations, parties to this treaty, and all other nations of people.
Article 5th
And the said tribes or nations agree to remain friendly with such tribes as now at peace with the United States, residing upon the waters of the Arkansas, Missouri, and Red rivers.
Article 6th
The said Indians, parties hereto, pledge themselves to give notice to the Agent of the United States residing near them, of any designs which they may know or suspect to be formed in any neighboring tribes or any person whatsoever against the peace and interests of the United States.
Article 7th
It is agreed that if any Indian or Indians shall commit murder or robbery or steal anything from any citizen of the United States, the tribe or band to which the offender belongs, shall deliver up the person or persons so offending to the officer commanding at Fort Martin Scott, to the end that he or they may be punished, if found guilty of murder, with death, and if found guilty of robbery or stealing, according to law. In like manner, if any citizen or subject of the United States shall commit murder or robbery on any Indian or Indians within the limits of the State of Texas, on complaint thereof to the Agent, the party shall be arrested, tried, and if found guilty, punished according to law.
Article 8th
The said Indians, parties hereto, agree to deliver to the Officer Commanding Fort Martin Scott (Gillespie) or to the Indian Agent, all white persons or Negroes, who are now among the Indians of Texas, as prisoners or runaways, by the 5th of February, 1851, at which time all prisoners belonging to said bands now in possession of the Government of the United States, shall be delivered up; and should any Indian or Indians of whatsoever tribe or band inhabiting the State of Texas, refuse to surrender such persons, white or black, the Government of the United States shall have the privilege of sending force, as shall be necessary, to take them, and the Indians so refusing, into custody; and the parties hereto pledge themselves to give immediate notice of such refusal, the locality of said Indians, the band to which they belong, and render such further protection and assistance to the persons sent among them, as may be in their power.
Article 9th
The said Indians, parties hereto, agree to deliver, as soon as found, all runaway Negroes, as may be seen by them, in the Indian country, to the officer commanding the nearest military post, or to the Indian Agent, and not knowingly to allow any Negro or Negroes to pass through the Indian country into Mexico, without arresting him or them, and should said Negroes be in such force as to render it difficult or dangerous to arrest them, then said Indians shall give immediate notice to the Officer Commanding the nearest Military Post, or to the Indian Agent, and act as guides and render such further assistance as may be required.
Article 10th
The practice of stealing horses has prevailed very much to the great disquiet of the citizens of the United States, and if persisted in cannot fail to involve the United States and the Indians in endless strife.
It is therefore agreed that it shall be put an entire stop to on both sides. Nevertheless, should bad men in defiance of this agreement continue to make depredations of that nature, the person so convicted thereof shall be punished with the utmost severity according to law, and all horses so stolen, either by the Indians from the United States or by the citizens of the United States from any of the said tribes or nations, into whose possession soever they may have passed, upon proof of rightful ownership shall be restored; and the Chiefs of said tribes or nations, shall give all necessary aid, protection to the citizens of the United States, in reclaiming or recovering such stolen horses; and the civil magistrates of the United States severally shall give all necessary aid and protection to Indians claiming and recovering such horses.
Article 11th
It is agreed that all stolen property now in the possession of the Indians, parties hereto, shall be given up at this time and all that they know of or can find before that time, shall be delivered at Fort Martin Scott on the 5th day of February, 1851, and if any Indian should refuse to bring or surrender such stolen property, immediate notice shall be given to the Officer Commanding the nearest Military Post.
Article 12th
It is agreed by the Indians, parties hereto, that they will not allow horses which they know or believe to have been stolen, to pass through their country, and that they will take such horses and the Indians having them in possession and custody, and bring them to the nearest Military Post or Indian Agent.
Article 13th
It is agreed that the Indians, parties hereto, will neither attack, steal from, murder, make captive, or otherwise injure or molest any white person, and they will use all their influence to prevent others from doing so; and immediately give notice of such, their locality and numbers, as refuse to comply with this article.
Article 14th
Should any young men belonging to bands or parties hereto refuse to obey their Chiefs and steal, murder, or otherwise violate this treaty, they shall be immediately arrested by their own bands, brought into Fort Martin Scott, and surrendered for trial and punished according to law.
Article 15th
It is agreed by the Indians, parties hereto, that they will not go below the present Military Posts on the east side of the Colorado River, nor below the Llano River, and a line running west from its headwaters on the west side of the said Colorado River, without express permission from the Indian Agent or some Officer commanding a Military Post in Texas; and that they will give immediate notice to the nearest Military Post should other Indians attempt to do so. The German settlement on the north side of the Llano River will be embraced in the foregoing article, so long as they do not trade with the Indians in anything except the produce of their farms, nor any horses or mules which may have been stolen.
Article 16th
The Indians hereto agree to deliver by the 5th day of February, 1851, to the Officer commanding Fort Martin Scott, the Indian who murdered the Germans at Craig’s Trading House on the Llano during the present fall, or should they be unable to deliver them, then to point out said murderers and render such other assistance in arresting them as may be necessary.
Article 17th
The Indians, parties hereto, agree to deliver at the same time and place the Indians who captured and carried away white girls near the town of Lamar on Copano Bay, in September or October last, or should they be unable to do so, to point out such Indians to such force as may be sent after them and render such other assistance as may be necessary to their arrest and punishment.
Article 18th
For the protection of said Indians and for the purpose of securing a permanent peace and carrying out the stipulations of this treaty, the Government of the United States shall within the year A.D., 1851, establish in Indian country one or more trading houses and agencies, and make such suitable presents as may be deemed proper, and treat with said Indians as to a definite line between them and the whites so the Indian country may be known and respected.
Article 19th
If any person or persons shall introduce ardent spirits or intoxicating liquors of any kind among said tribes or nations, such person or persons shall be punished according to the laws of the United States. And the said tribes or nations to give immediate notice to the Agent of the United States residing near them, and to prevent by any means in their power the violation of this article or treaties, and the said Chiefs or any one of them may destroy any ardent spirits found in the Indian country.
Article 20th
It is further agreed that a blacksmith shall be sent to reside among the said tribes or nations, to keep their guns and farming utensils in order, so long and in such manner as the President shall see proper. It is further agreed that school teachers, at the discretion of the President, may be sent among the said tribes or nations for the purpose of instructing them; and the said tribes or nations agree that preachers of the Gospel may travel or reside among them by permission of the President, or his Agents, to be appointed, and ample protection shall be afforded them in the discharge of their duties.
Given under our hands and seals — the said John H. Rollins, acting for the United States, and the Indians for themselves and those acknowledging their authority — the 10th day of December, Anno Domini, 1850.
Signed: John H. Rollins, Special Agent for the United States of Indians of Texas.
Comanches
Pa-Che-Na-Qua-Heip (Buffalo Hump) (his X mark)
Sa-Be-Heit (Small Wolf) (his X mark)
Ca-Tusie (his X mark)
To-Souk (White) (his X mark)
Car-I-Wah (Never Stop) (his X mark)
Seech-Che-Ni-Ka (Feather) (his X mark)
Guada Lupe (his X mark) Weit-Che-Ki (Humming Bird) (his X mark)
Ka-Bo-Ha-Mo (Never Smokes) (his X mark)
Que-Na-No (his X mark)
Pe-Ah-Tie-Quosh (Rifle Breech) (his X mark)
Mo-He-Ka (Pole Cat) (his X mark)
Caddoes
Caddo John (his X mark)
Sa-Te-Wah-Ah-Nache (his X mark)
Tah-Tie (his X mark)
Teh-Chi-Tah (his X mark)
Tcheh-he-wok (his X mark)
Sam-bead-eye (his X mark)
Lipans
Chi-ki-to (his X mark)
Chi-po-ti (his X mark)
Ye-keh-tas-na (his X mark)
Keh-rauch (his X mark)
Quapas
Tish-eh-ka-wa-ta (his X mark)
See-ka-ta-hoah (his X mark)
Ho-ka (his X mark)
Ki-teh-weh (his X mark)
Peh-teh-heh (his X mark)
Tehuacanas
Nes-ho-chi-tash (Traveler) (his X mark)
Ka-ra-ki-ris (Deceiver) (his X mark)
Heh-chi-tah (Seizer) (his X mark)
Oli-chi-tauk (his X mark)
Wacoes
A-qua-quosh (Short Tail) (his X mark)
Hed-e-cok-isk (Double Barreled) (his X mark)
Chos-toch-kah-a-wah (Hollow) (his X mark)
Tah-to-way-choiss (Sergeant) (his X mark)
Witnesses:
H. W. Merrill, Capt. 2nd Drag’s Bvt. Maj. U.S.A. (Commanding Co. B 2nd Reg. U. S. Dragoons and Commanding Expedition).
J. B. McCown, Capt. Commanding Company, Tex.
Interpreters:
Jon Cormer
Jesse Chisholm
Delaware Indians and Guides
This Treaty is said to be one of the most important treaties ever made between white man and Native Americans. The original is in Washington, U.S.A., but a true copy may be found among Indian papers at State Library at Austin, Tex.
It will be noted that in “Articles of Treaty: Made and concluded on Spring Creek, near the River San Saba, etc.; whereas the Treaty Ground is located on Survey No. 104 in the name of Ludwig Borches, and lies in the fork made by Latham Creek emptying into Wallace Creek (Wallace Creek is the present name for Spring Creek).
