History and Reminiscences of Denton County: The Indian

It is not necessary here to enter into the details of character of the Indians, as they have been recounted so often in other histories. Some of the people of this day regard as fiction, or fairy-tales for the amusement of the children, the stories of Indian activities in Denton County. Nevertheless, seventy years ago Denton County was the common battleground between the red men and the white. The ranger patrol line extended from Elm Station (between Gainesville and Red River south to Hickory Station (three miles west of the city of Denton), south to Johnson's Station (about one mile south of Arlington, in the east edge of Tarrant County), and on to Waco on the Brazos River. The last contest took place about five miles west of Denton on October 28, 1868, just forty-eight years ago, in which a band of about 325 mounted Indians and about forty white men were engaged.

That the Indian was here first, and in great numbers, we have living witnesses to certify. Just how long the Indians had occupied this section of the State we could not ascertain, as they kept no records, but this unorganized territory had a history prior to organization in 1846, and it is deemed advisable to briefly recount it to establish our identity and the nature of the cause of war between the two races.

The Spanish lost control over this territory in 1821; the Mexican Republic laid claim to it and established its constitution of 1824. In 1826, two years later, we find a convention of Indians and white men at Nacogdoches issuing a declaration of independence from the Mexican confederacy. From the minutes of the convention we give these excerpts:

"The white immigrants now assembled in the town of Nacogdoches around the independent standard on the one part and the red immigrants who have espoused the same holy cause on the other, in order to prosecute more speedily and effectually the war of independence, have mutually undertaken to a successful issue, and to bind themselves by the ligaments of reciprocal interests and obligations have resolved to form a treaty of union, league and confederation.

"For the illustrious object Benjamin W. Edwards and Harmon B. Mayo, agents of the Committee of Independence, and Richard Fields and John D. Hunter, the agents of the Red People, being respectively furnished with due powers, have agreed to the following articles:

First, the above named contracting parties bind themselves to a solemn union, league and confederation, in peace and war, to establish and defend their mutual independence of the Mexican United States.

"Second, the contracting parties guarantee mutually to the extent of their power the integrity of their respective territories as now agreed upon and described, namely: The territory apportioned to the Red People shall begin at the Sandy Spring where Bradley's road takes off from the road leading from Nacogdoches to the plantation of Joseph Dust, from thence west by compass, without regard to variation, to the Rio Grande, thence to the head of the Rio Grande, thence with the mountains to the head of Big Red River, thence north to the boundary of the United States of North America, thence with the same line to the mouth of Sulphur Fork, thence in a right line to the beginning. The territory apportioned to the white people shall comprehend all the residue of the province of Texas and of such other portions of the Mexican United States as the contracting parties, by their mutual efforts and resources, may render independent provided that the same shall not extend farther west than the Rio Grande.

"Fourth, it is distinctly understood by the contracting parties that the territory apportioned to the red people is intended as well for the benefit of the tribes now settled within the territory apportioned to the white people as for those living in the former territory, and that it is incumbent upon the contracting parties for the red people to offer tribes a partition in the same."

[Articles 3, 5, 6, and 7 give minor details and are not given here.]

"In faith whereof the agents of the respective contracting parties hereto affix their names.

"Done in the town of Nacogdoches this the 21st day of December in the year of our Lord one thousand eight hundred and twenty-six.

(Signed)
"B. W. Edwards,
H. B. Mayo,
Richard Fields,
John D. Hunter.

"We, the Committee of Independence and the Committee of Red People, do ratify the above treaty and do pledge ourselves to maintain it in good faith.

"Done on the day and date above mentioned.

(Signed)
Martin Palmer, President.

(Indians)
"Richard Fields,
John D. Hunter,
Ne-Ko-Lake,
John Baggo,
Cuck-to-Keh.

(Whites)
Haden Edwards,
W. B. Legon,
John Sprow,
B. P. Thompson,
Joseph A. Huber,
B. W. Edwards,
H. B. Mayo."

At this time everything in the form of government in Texas was in a chaotic condition and the constant conflicts of interests between the white man, the Mexican, and the Indian exhibited the necessity for a government. The treaty signatories claimed to be furnished with authority to do what they did do, and all other Indian tribes not then in the territory were to be located here, and Denton territory was assigned to the red man in 1826 by this division of territory.

This treaty was recognized in part by the Republic of Texas, and the Cherokee Indians granted lands in Cherokee County. But the Indians claimed hereunder all Northwest Texas, hence it was the main battleground of the Indian wars. They insisted that the whites were not keeping faith, notwithstanding there was no organized government behind the treaty. This treaty did not definitely settle anything, as the Indian was destitute of correct principles concerning property rights, and would take anything he wanted. This the whites could not tolerate; and at the first political convention, which met in San Felipe de Austin on October 1, 1832, (which was composed of forty-six delegates from the different towns in the State and was called by two alcaldes from the township of Austin), a committee was appointed to investigate the matter. Excerpts from the committee's report are given below:

"TO THE AYUNTAMIENTO OF NACOGDOCHES:
"It is known that the Cherokees claim by way of grant a tract of country about thirty miles northwest of Nacogdoches, which claim they have been told is worth about as much as the paper it is written on. The Shawnees, also, as well as others, have settled in the country and have been promised possessions. The promise is still protracted. When the Indian, inclined as he is to believe a promise made must eventually be fulfilled, becomes frequently the dupe of craftiness and oppression, he naturally becomes discontented, unfriendly, and hostile; and in the present instance might be made troublesome to us.

"The Indians' repeated requests to obtain their rights are unattended to because an accredited agent of the government [the Mexican United States] has been illegally suspended by a military officer and under these circumstances we solicit your honorable body to investigate the affairs and learn the wishes of the North American tribes of Indians in relation to their lands so that they may become assured of our friendship by active steps taken in their behalf and to the end that they may not be intruded upon unlawfully or unjustly.

"And lastly, we beg the Ayuntamiento of Nacogdoches will make known to the Indians that the disposition of the people of Texas is to assist them in obtaining good titles to and possession of land, and not to deprive them of that which they already claim.

"C. W. TAYLOR, Chairman."

This report was adopted and it was addressed to the Ayuntamiento at Nacogdoches, the nearest Mexican authority to deal with the Indians, who were becoming hostile, not only in North Texas, but along the entire western border. The Indian had his grievances, whether just or unjust. They, in their tribal relations, regarded the contract giving them this division of the State as legal. They knew no higher authority than that of the tribe and the mutual agreement between tribes.

The approaching conflict between the Mexican government and the American colonists made it very desirable to appease the wrath of the unreasonable savages, who could be made allies and would be very desirable to the colonists. There was no manifested disposition upon the part of the white colonist to deprive the Indian of his reasonable rights and a fair share of this vast public domain. Every effort was made to pacify the Indian and prevail upon him to settle down somewhere, and adopt a civilized life.

The Mexican government was trying in their way to accomplish this purpose and the Congress of Coahuila-Texas in decree No. 278, decreed as follows

"With the intention of protecting the lives and property of the citizens, constantly sacrificed to the perfidy, rage, and barbarity of the hostile Indian, and desirous that so important and sacred an object may be accomplished, * * *:

"Article 1. The executive availing himself of the resources of the State shall repress the ferocity of the savages and shield the lives and property of the citizens from their aggressions.

"Article 4. No presents of any kind shall ever be made by the State to the savage tribes.

"Article 5. Trade with the savages, especially in arms and ammunition, is hereby prohibited; and all persons who violate this provision shall be declared enemies of the State and subject to be condemned as traitors.

"Approved at Monoclava April 19, 1834."

The Indian pursued the natural trend of his life, and in the general convocation of the tribes agreed to exterminate the white settlers and to pursue war to that end.

The conflict between the Mexican United States and the North American colonists passed and Texas became a republic. A new government was established, and renewed efforts were made to adjust the Indian affairs. President Sam Houston appointed Joseph C. Eldredge (a gentleman from Connecticut, with many attainments) as a commissioner of Indian affairs. Then a policy to treat with the various wild tribes was entered upon.

Each wild tribe had its own dialect, or tongue, and each must have some one to interpret. Jim Shaw, John Conner, and Jim Second-Eye, three Delaware Indians, were employed for the purpose.

A commission to treat with the Indian tribes was created, consisting of President Houston, Commissioner Eldredge, and Hamilton P. Bell. The undertaking would probably consume six months of time, as the Indians were scattered all over Northwest Texas in roving bands and must be found and delegates secured to attend the "powwow," or convention.

The place selected for the "powwow" was Bird's Fort, a log structure in the eastern edge of Tarrant County, about twenty-five miles south of the town of Denton, on the trail from Waco to Red River, which at that time formed the dividing line between the white man and the red. This fort was afterwards called Birdsville [sic], and when Tarrant County was organized, became the first county seat of that county. President Houston could not leave Washington for so long a period, but a council was to be held at Bird's Fort on August 10, 1843, which he was to attend in person.

In March, 1843, the commission, composed of Joseph C. Eldredge, Bernard E. Bee, and Thomas Torrey, Indian agent, with interpreters, Jim Shaw, John Conner, and Jim Second-Eye (Delaware Indians), and Acoquash, chief of the Wacos, with other Indian as scouts and traders, started for their long voyage up the trail on the hazardous undertaking to summon the wild tribes to council at Bird's Fort on August 10.

The trip to the fort was soon made, but the Indians were not there and the first duty was to locate the tribes, as they were constantly on the move. The commission headed northwest into the present Wise County, where Indian signs were found and a halt made. The Delawares were sent out and brought in delegations from the Wacos, Anadarkos, Tow-e-ashes, Caddos, Keechies, Tehuacanas, Delawares, Bedias, and Iones. A "pow-wow" was held lasting two days. The Indians agreed to send delegations to Bird's Fort on August 10.

Here a serious misunderstanding arose between the commission and the interpreters, Shaw, Conner and Second-Eye. These Indians considered themselves the commission to treat with the wild tribes and when they were informed that they were not, they resolved to return to Mississippi and leave the commission to themselves. A truce was patched up and the commission proceeded north across Red River in quest of the Comanches.

At Wichita village (or Fort Sill) they found the Comanches. The commission had to await the arrival of Payhayuca, the great chief, on August 8, (just two days before the date set for the conference at Bird's Fort). The Comanches viewed the commissioners with distrust. Although there was no formal arrest, the commissioners were virtually prisoners in their tents.

At about sunrise the next morning the Comanches assembled in council with the chief to deliberate on the fate of the commissioners. Their deliberation lasted all day. The Indians were almost unanimous in favor of putting the white men to death, but the old chief Payhayuca had not yet spoken. The white men, aware of what was occurring, were suffering the pangs of death. They were surrounded by about a thousand Comanche warriors in the Indian village, no hope of escape, doomed to death, apparently. In the Indian council from twelve to four o'clock not a word was uttered, waiting for Payhayuca, the great chief, to speak. Finally he spoke and assumed the responsibility for the lives of his guests and saved them from death. As the white men turned to behold the beauties of their last sunset on earth and to more steadfastly fix their faith in God, the three Delaware guides rushed into their tents, crying, "Saved! Saved!"

I will give you the report General Bee made to his children: "Oh, God, can I ever forget that moment?" says General Bee. "To the earth, from which we came, we fell as if we had been shot, communing with Him who reigns over all—a scene which might be portrayed on canvas, but not described. Prostrate on earth lay the white man and the red man, creatures of a common brotherhood, typified and made evident on that day in the wilderness. Not a word was spoken; each bowed to the earth, brothers in danger and brothers in the holy electric spark, which caused each in his way to thank God for deliverance."

After this ordeal had passed, succeeded by a measure of almost heavenly repose, the interpreters explained to the commissioners how, after four hours of solemn silence, Payhayuca had eloquently espoused the cause of mercy and the sanctity of the white flag of peace borne by these messengers. His appeal, perhaps, was as powerful and eloquent as ever fell from the lips of an untutored son of the forest. Upon its conclusion amid much confusion the vote was taken, and the chief was sustained by a small majority.

The chief placed a circle of one hundred warriors around the tent of the white men and no one was allowed to pass in or out during the night.

On the morrow the commissioners were carried before the Indian council and delivered their message of friendship and goodwill from President Houston, and invited the Indians to accompany the commission to the council at Bird's Fort. The white men distributed presents and awaited the council's answer. The council overruled their chief and refused to send delegates to the meeting at Bird's Fort.

The commissioners then started on their return journey of about five hundred miles over the trackless prairies leading in a southeastern direction to Warren's trading point on Red River, thence south down the line by Elm Station and Hickory Station to Bird's Fort, where they met George W. Terrell and E. H. Tarrant, two commissioners, who had about given them up as lost.

On September 29, 1843, Commissioners Terrell and Tarrant closed a treaty with the following tribes: Tehuacanas, Keechies, Wacos, Caddos, Anadarkos, Iones, Paluxes, Delawares, and a few isolated Cherokees and Wichitas. But the most ferocious tribe of all, the Comanches, stayed out and continued almost incessantly on the warpath.

A new line of demarcation was agreed upon between the whites and Indians and trading houses were to be established, one at the juncture of the Clear Fork and West Fork of the Trinity River, at the present site of Fort Worth, one at Comanche Peak, and one at old San Saba. Just how long this treaty had effect, if it ever had any, we are not able to determine, but one fact is well established, the Indians continued to roam over this line, sometimes on peaceable missions, but frequently for the purpose of committing depredations, and sometimes in war.

In 1842 John B. Denton had been killed on Village Creek and now (1843) a new treaty had been signed at Bird's Fort, indicating that this was the center of the Indian trouble at that time. Texas was then on the eve of changing from a republic to a State and the change was the all-absorbing topic for several years.

The United States, in the early fifties, adopted a new policy in dealing with the Indians and established two Indian agencies or reservations for them, one on Salt Creek in Young County, near Fort Belknap and the other about twenty miles west on the Clear Fork of the Brazos. The Comanches were so hostile toward the other tribes and so numerous they were put at the Clear Fork agency. They each had their bounds in which to hunt. The government put two agents in charge of the agencies, Captain Sul P. Ross of Waco, the noted Indian fighter, and Captain John L. Lovejoy of Denton, who was with John B. Denton when he was killed at Village Creek. It was the duty of the agents to look after the Indians, to give them permits to go on hunting expeditions, and to tell them where to go. This, like all other schemes to control them, proved a failure.

The Indian could not be trusted and he soon learned to dodge the agents and make raids back into the settlements. Each agent had settlers' stores for trading purposes, and great cares and responsibilities were resting upon them, as well as the constant danger of losing their lives.

On one occasion an irritated Indian warrior, with his knife, undertook to kill Agent Lovejoy. The Indian made a thrust to stab him, but Lovejoy threw his arms around him and hugged him in so close that the Indian's knife went over the shoulder and down on the outside of the back. Indian and white man went to the ground together. The Indian chuckled in exultation, thinking the knife had gone down through the collar bone and that he had killed his man. But relief came—the Indian had missed his aim. Old Uncle John Lovejoy considered this his closest call.

These agency Indians continued to raid through Denton County and on into Collin County until 1859, when the people of Collin and Denton counties arose en masse and about one hundred of them marched to Fort Belknap to exterminate the Indians and break up the agency. The company of men was led by Captain John R. Baylor. When they arrived at the agency they found that the United States government had sent two companies of soldiers to protect the Indians from attack. They were defeated in their purpose and returned home. Their effort, however, later caused the removal of the reservations to Fort Sill north of Red River But the Indians continued their depredations from those headquarters.

In 1857, Governor Runnels took steps upon the part of the State to protect us from these Indians as well as from a different band of Comanches located just north of Red River. He appointed Captain S. Ford, who raised a company of one hundred men and proceeded north, and when they reached the reservation on the Brazos, Captain S. P. Ross, with about one hundred of the most civilized reservation Indians, accompanied him on across Red River. They found the Comanches led by Chief Iron Jacket, and gave battle. Quite a number of the Comanches were killed, and the others retreated back northwest. After this fight Captain Ford and his men returned south and disbanded, as they were "six-months" men.

The United States, on the admission of Texas into the Union, had agreed to protect the frontier borders and had established forts, garrisoned with troops, in the west for that purpose, but the treachery and cunning of the Indian rendered their efforts futile. In answer to the request of the people of the counties of Wise, Collin, and Denton the reservation was changed to Fort Sill just north of Red River and north of Wichita Falls. Here they were supposed to be when, in 1861, the war broke out, and the United States soldiers retreated north and we were left unprotected. It was charged that the soldiers left agents among the Indians to incite them to war on the settlements, but this was not believed by many people, because the horrors attending such a course could not be attributed to a civilized enemy.

These Indians, from their new headquarters, were really better situated than ever before and considered themselves safe when they crossed Red River with their stolen horses. Nearly all of their raids were now made from about the mouth of Wichita River southeast by Dye Mound, in Montague County, and on down Denton Creek and Clear Creek into Denton County. Sometimes the Indians would turn east from Dye Mound into Cooke County and sometimes south into Wise County, but generally down Denton Creek. They would make their trips during the light moon, traveling all night down these creeks and hiding in the thickets in the daytime. They drove thousands of horses from the western part of Denton County. These depredations continued during the war. When the war was over, the United States placed detachments of soldiers at Fort Sill, Fort Belknap, and at Jacksboro, for our protection, and disarmed the citizens as a precautionary measure in reconstruction.

The Indians then saw their golden opportunity. They did not fear the United States soldiers and the soldiers as a protection were a misnomer. The Indians became so bold that they finally surrounded the government supply train twelve miles this side of Fort Belknap on Young Prairie, killed all the teamsters, burned the wagons and drove off the mules. When this happened, the soldiers' attitude was changed. General Sherman visited the forts for inspection and found his error to be in disarming the settlers and arming the Indians, and that it was the Indians that needed reconstruction. Se he reversed his policy and sought to disarm the Indians and arm the settlers.

On the night of October 8, 1868, a beautiful, bright, moonshine night, about three hundred and twenty-five Comanche Indians from Fort Sill had slipped down Denton and Clear Creeks and in the early part of the night were discovered by Mr. Jackson at his place on Hickory Creek, just south of Krum. He gave the alarm in the neighborhood and by daylight the next morning some eight or ten white men had gathered. Before them in the valley between the two Hickory Creeks, the Indians were engaged in rounding up all the horses that they had been able to find in the county. The supposition was that they had confined themselves to Grand Prairie and all west of town and from Clear Creek on the north to Denton Creek on the south. Squire Wm. McCormick counted three hundred and twenty-five in the valley and they were coming and going in all directions, bringing in horses to the herd. Shortly after sunrise they started the herd northwest up the divide between Hickory Creek and Clear Creek and on by Dye Mound to the big Wichita just above its mouth before they stopped to rest. Of course the horses were driven at a gallop most of the way and were completely run down. The Indians had carried out about six hundred head of horses.

The settlers from Denton on west had dropped in on the trail until there were about forty in a body under the leadership of Captain Crow Wright. The settlers overtook the Indians on White's Creek, a small stream that flows into Clear Creek from the west near the northwest corner of Denton County. The Indians turned and gave battle and the settlers had to retreat on account of insufficient numbers. Mr. Fortenberry was killed and badly mutilated in the fight. The Indians hurried on with these horses and carried them directly to the Indian agency at Fort Sill, under the protection of the United States soldiers. As they passed Dye Mound a party of Montague citizens were in waiting for them and gave them a running fight, but they were too weak in numbers to make a stand. Four days after this raid the United States gave its consent to the citizens to organize and bear arms for self-defense and issued the following orders:

Headquarters Fort Richardson, Texas, November 2, 1868.
Special Order No. 182, Extract IV.
The citizens of Wise County, Texas, are authorized to embody a sufficient number of their people to protect themselves from depredating Indians. They will report to the commanding officer of this post the number of citizens thus embodied from time to time and the result of their operations.
S. H. STARR,
Battalion Colonel, U. S. A., Major 6th U. S. Cavalry.
Commanding Post.

Government Saw Mills on Big Sandy, November 2, 1868.
Mr. Shoemaker.
Sir: In order to assist me in the organization of the citizens of Wise and adjoining counties, you are requested to proceed to Decatur and notify the people that I will be there tomorrow for the purpose of assisting in whatever may be necessary for home defense against the Indians. From Decatur you may proceed to Denton and do what you can toward getting volunteers to join the force to organize at Decatur.
MOSES WILEY,
First Lieutenant U. S. Cavalry.

All citizens of Denton County able to bear arms are requested to neet in the town of Denton on Saturday, next, the 7th instant, armed and equipped for the field.
R. H. HOPKINS,
Enrolling Clerk.

On the day above named a company of Indian scouts was organized at Denton, Texas, and they elected as their Captain, R. H. Hopkins, "Uncle Bob," as they called him, and in whom they had implicit confidence. They went into camp on Clear Creek about twenty miles northwest of Denton. Captain Shoemaker of Decatur organized a company of Wise County men and acted in conjunction with Captain Hopkins to patrol the northwest against the Comanche Indians of Fort Sill.

Montague County was organized under Leroy Perryman, and the Indians soon found out that his trail was guarded by citizen soldiers and that it was time for them to move farther northwest. These citizen soldiers served free and secured their provisions as best they could. They were assisted by a company of State Rangers in the pay of the State. To them we are indebted largely for the settlement of the Indian question in Denton County. The last raid was made on Denton Creek, south of Stony, in 1871.

From 1844 to 1871, a period of twenty-seven years, we were engaged in Indian warfare in Denton County, but the men of this day never heard the "war whoop," nor have they ever seen the moccasin tracks, nor visited the heart-rending scenes of women and children mutilated and scalped, and the homes burned.