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Fort Martin Scott Treaty
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Signed December 10, 1850
Location San Saba County, Texas
Parties U. S. Army
Comanche
Caddo
Quapaw
Tawakoni
Lipan
Waco

The Fort Martin Scott Treaty was an agreement made in 1850 between the United States government and several Native American tribes in Texas. These tribes included the Comanche, Caddo, Quapaw, Tawakoni, Lipan Apache, and Waco.

The treaty was signed in San Saba County, Texas. It was named after Fort Martin Scott, a military outpost in Gillespie County, near Fredericksburg. Even though it was signed, this treaty was never officially approved by the U.S. government.

Why the Treaty Was Made

The Fort Martin Scott Treaty was signed on December 10, 1850. Several important people were involved in making this agreement.

Key People Involved

The main people who negotiated and signed the treaty were:

  • John Rollins, a special agent for the U.S. government.
  • U.S. Army Captain Hamilton W. Merrill.
  • Captain J.B. McGown of the Texas Mounted Volunteers (Texas Rangers).
  • Interpreters John Connor and Jesse Chisholm.

Many Native American leaders also signed the treaty. These included twelve Comanche chiefs, six Caddo chiefs, five Quapaw chiefs, four Tawakoni chiefs, four Lipan chiefs, and four Waco chiefs.

Behind the Scenes

Most of the work on the treaty was done by Jesse Chisholm and John Connor. John Connor was a chief from the Delaware tribe. They worked under the guidance of Robert Neighbors and John Ford.

Sadly, John H. Rollins was very sick with tuberculosis during the signing. He had to be carried to the ceremony. He passed away the next year in September 1851.

Why It Wasn't Approved

On December 25, 1850, General George M. Brooke sent the treaty to Texas Governor Peter Hansborough Bell. General Brooke mentioned that the U.S. government had not yet approved the treaty. This meant it was mainly binding only for the Native American tribes, not fully for the government.

What the Treaty Said

The Fort Martin Scott Treaty had 20 articles, or sections, that outlined the agreements. Here are some of the main points:

Peace and Protection

  • The tribes agreed to be under the protection of the United States. They would not be under any other power.
  • They promised to always be at peace with the United States.
  • They also wanted to be at peace with all other groups the U.S. was friendly with.
  • The tribes agreed to stay friendly with other tribes living near the Arkansas, Missouri, and Red Rivers.

Trade and Rules

  • The treaty said that only the U.S. government could control trade with the tribes.
  • Traders needed a special permit, called a license, to trade in Native American lands.
  • If traders cheated, their license would be taken away, and they would be punished.
  • If someone tried to trade without a license, their goods could be taken away.

Safety and Justice

  • The tribes promised to tell the U.S. agent if they knew of any plans against the United States.
  • If any Native American committed a murder or robbery against a U.S. citizen, their tribe would hand them over to the officer at Fort Martin Scott for trial.
  • If a U.S. citizen committed a crime against a Native American, they would also be arrested and punished by law.

Returning People and Property

  • The tribes agreed to return all white people or Black people who were held as prisoners or runaways by February 5, 1851.
  • At the same time, the U.S. government would return any Native American prisoners it held.
  • If any tribe refused to return these people, the U.S. government could send forces to take them.
  • The tribes also agreed to help find and return any runaway Black people they saw in their lands. They would not let them pass into Mexico.

Stopping Horse Stealing

  • The treaty aimed to stop horse stealing, which caused many problems.
  • Anyone caught stealing horses would be severely punished.
  • Stolen horses, whether taken by Native Americans from citizens or by citizens from tribes, would be returned to their rightful owners.
  • Both tribal chiefs and U.S. officials would help in getting stolen horses back.

Returning Stolen Goods

  • All stolen property that the tribes had at the time was to be given back.
  • Any other stolen property found before February 5, 1851, was to be delivered to Fort Martin Scott.

Keeping the Peace

  • The tribes promised not to let stolen horses pass through their land. They would take such horses and the people with them to the nearest military post.
  • They agreed not to attack, steal from, murder, or harm any white person. They would also try to stop others from doing so.
  • If any young men in the tribes broke the treaty rules, their own tribes would arrest them and bring them to Fort Martin Scott for trial.

Boundaries and Settlements

  • The tribes agreed not to go south of a certain line of military posts near the Colorado River and Llano River without written permission.
  • This included the German settlement on the north side of the Llano River. The Germans could trade farm goods with the tribes, but not stolen horses or mules.

Specific Deliveries

  • By February 5, 1851, the tribes agreed to hand over the Native Americans who had murdered a German at Craig's trading house on the Llano River. If they couldn't, they would point out the murderers and help arrest them.
  • At the same time, they would hand over the Native Americans who had captured white girls near Lamar in September or October. If they couldn't, they would point them out and help with their arrest.

Future Support

  • To protect the tribes and keep the peace, the U.S. government planned to set up trading houses and agencies in Native American lands in 1851.
  • The government also planned to give gifts and discuss clear boundaries between Native American lands and white settlements.
  • The treaty also stated that anyone bringing alcohol into tribal lands would be punished. The tribes agreed to help stop this.
  • Blacksmiths would be sent to live among the tribes to fix their tools and guns.
  • School teachers and religious leaders could also be sent to live among the tribes with permission, and they would be protected.

Signatures

The treaty was signed on December 10, 1850, by John H. Rollins for the United States, and by the following Native American chiefs:

Comanche

  • Po-che-na-qua-heip (Buffalo Hump)
  • Sa-ba-hei (Small Wolf)
  • Ca-tumsie (Ketemoczy aka Katemcy)
  • T-souk (White)
  • Car-i-wah (Never Stops)
  • Seech-che-ni-ka (Feather)
  • Guadaloupe
  • Weit-che-ki (Humming Bird)
  • Ka-ba-ha-mo (Never Smokes)
  • Que-ha-no
  • Pe-ah-tie-quosh (Rifle-breech)
  • Mo-he-ka (Pole Cat)

Caddo

  • Caddo John
  • Sa-te-wah-ah-nache
  • Tah-tie
  • The-chi-ta
  • Teheh-he-wok
  • Sam (Bead-eye)

Lipan

  • Chi-ki-to
  • Chi-po-ti
  • Ye-keh-tas-na
  • Keh-rauch

Quapaw

  • Tish-eh-ka-wa-ta
  • See-ka-ta-hoa
  • Ho-ka
  • Ki-the-weh
  • Peh-the-heh

Tawakoni

  • Nes-ho-chi-lash (Traveller)
  • Ka-ra-ki-ris (Deceiver)
  • Heh-chi-tah (Seizer)
  • Qui-chi-tauk

Waco

  • A-qua-qoush (Short Tail)
  • Hed-e-cok-isk (Double Barrelled)
  • Chos-toch-kah-a-wah (Hollow)
  • Tah-to-way-chioss (Sargeant)

Witnesses

  • Hamilton W. Merrill, Captain, 2nd Drag's, Bvt. Maj USA
  • J.B. McGown, Captain, Comdg So. Tex. Mtd. Vol.

Interpreters

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