Indian Policy of the Republic of Texas

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Indian Affairs During Houston's Second Administration and During Jones's Administration

I. Return to the Pacific Indian Policy

The presidential election held the first Monday in September, 1841, resulted in Houston's receiving three-fourths majority over his opponent, David G. Burnet. Houston was inaugurated December 13, 1841. In general, his policy was, rigid economy in government expenditure and general financial reconstruction, temperate conduct in relations with Mexico, and the establishment of peace with the Indians.¹ The sixth Congress had assembled at Austin, November 1, 1841. Houston sent in his message on December 20, 1841, in which he explained his ideas for obtaining and holding the friendship and confidence of all the Indian tribes, and for protecting the frontier.

Our Indian relations are far from being satisfactory. For years large appropriations have been made by Congress for the defence of the frontiers. With what success they have been employed the whole country is familiar. The measures adopted under the late administration were directly at variance with those recommended by the first constitutional Executive. On the safety and security of our frontier settlements materially depend the increase of emigration, the extension of our limits, and the general quietude and prosperity of all our citizens. It is, therefore, important that means should be provided for the Executive and placed at his disposal, to enable him to accomplish these objects, and to meet pressing emergencies. That they are within our reach I have no doubt. A thorough knowledge of the Indian character has induced a firm belief on my part that a sum less than one-fourth of the amount heretofore annually expended for these purposes would procure and maintain peace with all the Indian tribes now upon our borders. I would suggest that a number of posts be established at suitable points, extending from our western border to Red River; that treaties be concluded with the several tribes, and that one or more traders be established, under proper regulations, at each of these posts, with from twenty-five to thirty men for their protection. I do not doubt that this system, once established, would conciliate the Indians, open lucrative commerce with them, and bring continued peace to our entire frontier. Their intercourse with us would enable them to obtain articles of convenience and comfort which they could not otherwise procure, unless by a very indirect trade with more remote tribes who have commerce with traders of the United States. Finding a disposition on our part to treat them fairly and justly, and dreading a loss of the advantages and facilities of trade, they would be powerfully affected, both by feelings of confidence and motives of interest, to preserve peace and maintain good faith. The hope of obtaining peace by means of war has hitherto proved utterly fallacious. It is better calculated to irritate than to humble them. Neither can we pursue with the hope of exterminating them. Millions have been expended in the attempt, and what has been the result? War and theft are their vocation; and their incursions are made upon us with impunity. We cannot pursue them with success. Our citizens, so continually harassed are dispirited. Industry and enterprise are alike embarrassed; the former prevented, and the latter discouraged. How far it is necessary for Congress to provide for the attainment of these objects is referred to their consideration.²

Houston's policy of peace and friendship with the Indians was not only consistently carried out by him, but also by Anson Jones, his successor, who was inaugurated December 9, 1844, and served as President of the Republic until Texas was annexed to the United States in February, 1846. After Texas became a state, her Indian policy was no longer a matter for local determination, but was definitely merged in the Indian policy of the Federal Government.

II. Peace Negotiations with the Indians

Houston considered the establishment of friendly relations with the Indians one of the most important duties before him as President of the Republic. Most of the tribes had retired east of the Red River, from where they sent war parties to ravage and plunder the frontiers.³ July 5, 1842, the President appointed Colonel Henry E. Scott, Ethan Stroud, Joseph Durst and Colonel Leonard Williams, commissioners, "to treat with any and all Indians on the Frontiers of Texas."⁴ The Indians also were beginning to look forward to the establishment of peace. James Logan, United States Indian Agent to the Creeks, wrote to Houston June 1, 1842, saying that the Kichai, Wichita and Tawacano chiefs were desirous of establishing peace with Texas, and were anxious that a time be appointed to meet for the purpose of making a treaty. The chiefs thought the Comanches would also desire peace.⁵ Another indication that the time was ripe for negotiations is shown by a letter written to the Caddo chief, Red Bear, by the Muskogee chief, July 20, 1842. He advised the Caddos to cease their depredations against the Texans and live in peace with all men. Red Bear wrote to R. M. Jones at Boggy Depot in Texas asking him about the possibility of making an agreement with the government of Texas. Jones answered that Houston had already appointed commissioners for that purpose.

The Government of Texas by her Commissioners propose to meet you and such other tribes as shall wish, and make a permanent peace, and will allow the Red men to return to their old Hunting Grounds in Texas, and will appoint Agents for their different tribes to watch over their interest and will establish trading houses convenient to their Hunting Grounds where they can barter their skins for clothing and other articles of comfort that they may need. I wish you to talk strong like a man to those others to induce them to accept peace from the white man because it is good and for the benefit of all red men.⁶

The commissioners reported the success of their mission on September 4, 1842, in a letter to the President. They had proceeded to the depot on Boggy in the Chickasaw nation, where they found from Colonel Jones that the Caddos were anxious to establish peace with Texas. Arrangements were made to meet the chiefs, head men, and warriors, of four different tribes at the Caddo village above the Chickasaw nation. Here on August 26, 1842, they made a treaty with the Indians, and received their promise to visit the hostile tribes, twenty in number, and to persuade these hostile Indians to meet the President and the commissioners October 26, 1842.⁷ This meeting was to be held at the Waco Village on the Brazos. For some reason the Indians were not on hand as they had promised. Houston believed that the high waters, the inclemency of the weather, and the fact that the range of the buffalo was further south than usual at that season of the year, explained the failure of the Indians to appear at the appointed Council Grounds. He did not doubt in the least the possibility of establishing friendly relations, and stated that he had sent messengers to the Indians to find out why they had not come in to make the proposed treaty and to make arrangements for another meeting. "Let peace once be made with them," he said, "let them realize that they can obtain such articles as they require within the vicinity of their families and hunting-grounds, maintain good faith on our part, and they will at once perceive that their interest is to remain at peace and in commerce with us; that their women and children may remain secure in their wig-wams, and renew their agriculture."⁸ A Council was finally arranged to be held at Tawakano Creek the latter part of March, 1843. The commissioners from the Republic present at this meeting were: G. W. Terrell, J. S. Black, T. J. Smith, with T. Bryson as secretary; from the United States P. M. Butler with Burgeville as secretary. The following Indian tribes were represented: The Delawares, Caddos, Wacos, Shawnees, Ionies, Anadako, Towakano, Wichitas and Kichai. On March 31, 1843, the different parties signed an agreement to hold a Grand Council with representatives from Texas, and from all the Indian tribes and from the United States. The time and place of this meeting was to be agreed upon later. Its purpose should be to conclude a definite and permanent treaty of peace and friendship between the Republic of Texas and all the Indians residing within or near its borders. In the meantime all hostilities should cease. Those Indians who wished might trade at the Trading House on the Brazos River, and might also plant corn at any place north of this Trading House until a permanent line could be established. In case a treaty was concluded at the Grand Council both parties promised to deliver all prisoners at that time.⁹ Six months after this agreement was signed, the Grand Council convened at Bird's Fort on the Trinity River. No treaty thus far made with the Indians was of such far reaching importance as that signed by the commissioners of Texas and representatives from the Indian tribes on September 29, 1843. It embodied all the principles of Houston's peace policy, and proved to be such a practical and effective instrument that it seems well to give it in full.

A Treaty of Peace and Friendship, Between the Republic of Texas and the Delawares, Chickasaw, Waco, Tahwoc-cany, Keechi, Caddo, Ana-dah-kah, Ionie, Biloxi, and Cherokee tribes of Indians, concluded and signed at Bird's Fort, on the Trinity River, the 29th day of September, 1843.

Whereas, for some time past, hostilities have existed and war been carried on between the white and red men of Texas, to the great injury of both parties; and whereas, a longer continuance of the same would lead to no beneficial result, but increase the evils which have so long unhappily rested upon both races; and whereas, the parties are now willing to open the path of lasting peace and friendship and are desirous to establish certain solemn rules for the regulation of their mutual intercourse:

Therefore, the Commissioners of the Republic of Texas, and the chiefs and Headmen of the beforementioned tribes of Indians being met in Council at Bird's Fort, on the Trinity River the 29th day of September, 1843, have concluded, accepted, agreed to and signed the following articles of Treaty:

Article I. Both parties agree and declare, that they will forever live in peace and always meet as friends and brothers. Also that the war which may have heretofore existed between them, shall cease and never be renewed.

Article II. They further agree and declare, that it is the duty of warriors to protect women and children; and that they will never make war upon them, or upon unarmed persons; but only upon warriors.

Article III. They further agree and declare, that the Indians will never unite with the enemies of Texas, nor make any treaty with them, which shall require the Indians to take part against Texas, and that if such proposals should ever be made to them, that they will immediately communicate the same to an agent or to the President.

Article IV. They further agree and declare, that when they learn that Texas is at war with any people, a chief will come to an Agent and ask to be conducted to the President, that he may counsel with him.

Article V. They further agree and declare, that agents shall be appointed by the Government of Texas and be stationed at such places as may be deemed proper, for the purpose of hearing the complaints of the Indians and seeing that justice is done between them and the whites; and also to communicate the orders and wishes of the President to the various bands and tribes.

Article VI. They further agree and declare, that no person shall go among the Indians to trade, except by the express authority of the Government of Texas.

Article VII. They further agree and declare, that no white man or other person within the control of the laws of Texas, shall introduce among any tribe or nation of Indians, or sell to any Indian or Indians, ardent spirits or intoxicating liquors of any kind.

Article VIII. They further agree and declare, that no white man or other person, else than a regularly licensed trader, shall purchase any property of an Indian or Indians, without the consent of an agent of the Government of Texas.

Article IX. They further agree and declare, that when any property is found among the whites, belonging to the Indians, it shall be the duty of the Agent to see that the same is restored; and on the other hand, whenever property, belonging to the whites is found among the Indians, the same shall be restored in like manner by the chiefs, on application of the owner or owners thereof, through the Agent.

Article X. They further agree and declare, that no trader shall furnish any warlike stores to the Indians, but by the express permission of the President.

Article XI. They further agree and declare, that no person or persons shall pass the line of trading houses, without the special permission of the President; and then only for friendly purposes; nor shall any person or persons reside or remain within the territory assigned to the Indians, unless by express direction of the President.

Article XII. They further agree and declare, that any person or persons, who shall molest, or attempt to molest the persons or property of the Indians while they remain peaceable under this Treaty, shall be held guilty of felony and punished accordingly by the Government of Texas.

Article XIII. They further agree and declare, that any killing or outrage whatsoever, committed by a white man, or other person within control of the laws of Texas, upon an Indian in time of peace shall be punished by the Government of Texas in the same manner as though the Indian were a white man; and that the person so offending shall be liable to indictment and punishment in any county in the Republic.

Article XIV. They further agree and declare, that if any Indian or Indians shall kill any white person, he or they shall suffer death; and that if any Indian or Indians shall steal any property of the whites, he or they shall be punished by the tribe, in presence of an agent, with whipping or other punishment, according to the offence.

Article XV. They further agree and declare, that the Chiefs and Captains will not permit the Indians to cross the line for any purpose whatsoever without authority and a passport from an agent; nor sell any property to a white man unless authorized so to do by some agent.

Article XVI. They further agree and declare, that if any person or persons shall come among the Indians, without authority from the President or agent, they will immediately seize and deliver him or them to some one of the agents.

Article XVII. They further agree and declare, that they will mutually surrender and deliver up all the prisoners which they have of the other party for their own prisoners; and that they will not be friendly with any people or nation, or enter into treaty with them who will take prisoners from Texas, or do its citizens any injury.

Article XVIII. They further agree and declare, that the President may send among the Indians such blacksmiths and other mechanics as he may think proper, for their benefit; and also that he may send schoolmasters and families for the purpose of instructing them in a knowledge of the English language and Christian Religion.

Article XIX. They further agree and declare, that when the President shall send persons among the Indians, they will extend to them kind treatment and protect them from harm.

Article XX. They further agree and declare, that the chiefs and Headmen of the Indians will cause their young men and warriors to behave themselves agreeably to the words of this treaty; or that they will punish them with death, or in such other way as will compel them to keep peace and walk in the path made straight between the white and red brothers.

Article XXI. They further agree and declare, that should any difficulty or cause for war arise between the Government of Texas and the Indians, they will send their complaints to the President, and hear his answer before they commence hostilities; and the Government of Texas will do the same.

Article XXII. They further agree and declare, that so soon as the Indians shall have shown that they will keep this treaty, and no more make war upon the whites, nor steal horses from them, the President will authorize the traders of Texas to sell them powder, lead, guns, spears and other arms, such as they may need for the purpose of killing game; and also make to them every year such presents as the Government of Texas may provide.

Article XXIII. They further agree and declare, that the Government of Texas reserves to itself the right of working all mines which have been or may hereafter be discovered in the territory assigned the Indians.

Article XXIV. They further agree and declare, that the President shall make such arrangements and regulations with the several tribes of Indians as he may think best for their peace and happiness.

This treaty was approved by the Senate January 31, 1844, and signed by Houston February 3, 1844.¹⁰ All efforts to induce the Comanches to attend the Bird's Fort Council were in vain, but J. C. Eldredge, Superintendent of Indian Affairs, concluded a temporary treaty with their chief, Pah-hah-yuco, on August 9, 1843. This treaty provided: that a council should be held in December on the clear fork of the Brazos River for the purpose of concluding a permanent treaty between the Comanches and the Republic; that all the different bands of the Comanche nation should be visited by Pah-hah-yuco and induced to attend the council; that there should be an exchange of all prisoners after the permanent treaty was made; and that all hostilities should cease between the Comanches and the Texans until the meeting in December.¹¹ On December 12, 1843, Houston in his message to Congress, said:

Through agents appointed by the Executive, the Government has succeeded in approaching and concluding treaties of friendship and intercourse with the various tribes of Indians inhabiting the territory of Texas, south of Red River, with the exception of the kindred bands of Comanches and Kioways. These latter tribes, owing to the occurrences of some few years since, the recollection of which was still strong, were disinclined to any intercourse with the Government or the people of Texas, and much time and trouble were necessarily required to conciliate them so far as to consent to a suspension of hostilities, which, I am happy to say has been done. They have agreed to meet the commissioners of the Government for the purpose of concluding peace.¹²

The council, which was to meet in December, had to be postponed, so on December 14, 1843, Houston sent a letter to Pah-hah-yuco, chief of the Comanches, explaining to him why the Texan commissioners were unable to meet him at the appointed time. Houston said:

I saw the treaty which Pah-hah-yuco made with my young chief, to do no more harm till the council. This was very good, and my heart was glad. It showed that you would be a friend to the whites and our brother. The council at Bird's Fort and the great rains and high waters, have prevented my young chiefs from meeting you in council; and I send my chiefs, who will give you this, to tell you the reason, and to request you and all your chiefs to attend a council to be held on or near Tahwoccany Creek, about the full moon in April next. ... I hope my good friend Pah-hah-yuco and the chiefs of the several bands of the Comanches and Kiaways, will be present at the council on Tahwoccany Creek at the time appointed.¹³

Some time in March, 1844, about twenty Indians, chiefs and headmen of the tribes that had signed the Bird's Fort treaty, came to Washington to see the President. Houston made them a talk, gave them presents, and assured them of the friendship of the Republic. The Indians promised to induce the Comanches and other wild tribes who had not signed the treaty to attend the council in April.¹⁴ The Indians failed to arrive at the appointed place on Tawakano Creek, but after some delay two messengers arrived and reported to the Texan commissioners that they had found a few Comanches on the headwaters of the Colorado with a Chief Mopechooko. The chief said that his people were scattered from the salt plains of Arkansas to the Rio Grande, so they could not attend the council in April. Mopechooko, Seni Conna, and Quarhosapo sent a talk to Houston in which they stated that although the Comanches were very scattered all the tribes understood that they were at peace with Texas, and that they would meet the commissioners on the clear fork of the Brazos in September to make a permanent treaty.¹⁵ This council, which was supposed to convene on September 15, 1814, did not begin until October 7. There were representatives from the Comanches, Kichais, Wacos, Tawakanos, Caddo, Ionies, Lipan, Anadakos, Cherokees, Delawares, and Shawnees present at the meeting. The Texan commissioners were J. C. Neill, Thomas S. Smith, and F. Morehouse. Among others who attended this council Sam Houston, President of the Republic; G. W. Hill, Secretary of War, and G. W. Terrell, Attorney General, were conspicuous figures. The council lasted three days and resulted in the formation of a treaty which was concluded October 9. Presents were then distributed to all the tribes except the Waco, who were instructed to bring in the stolen horses in their possession before they received their presents.¹⁶ The general trend of the treaty was similar to that concluded at Bird's Fort, September 29, 1843. Its provisions are as follows:

Treaty of Peace, Friendship and Commerce, Between the Republic of Texas, and the Comanche, Keechie, Waco, Caddo, Anac-dah-kah, Ionie, Delaware, Shawnee, Cherokee, Lipan and Tah-wah-karro tribes of Indians, concluded and signed at Tah-wah-karro Creek, on the 9th day of October, in the year one thousand eight hundred and forty-four.

Whereas in time past, hostilities have existed and war been carried on between the white and red men of Texas, to the great injury of both; and whereas, a longer continuance of the same would lead to no beneficial result, but increase the evils which have so long unhappily rested upon the two races; and whereas, both parties are now willing to open the path of lasting peace, friendship and trade, and are desirous to establish certain solemn rules, for the regulation of their mutual intercourse;

Therefore, the Commissioners of the Republic of Texas, and the Chiefs and Head men of the before mentioned tribes of Indians, being met in council at Tah-wah-karro Creek, on the 9th day of October, in the year 1814, have concluded, accepted, agreed to, and signed the following articles of Treaty:

Article 1. Both parties agree and declare, that they will forever live in peace, and always meet as friends and brothers. The Tomahawk shall be buried, and no more blood appear in the path between them, now made white. The Great Spirit will look with delight upon their friendship, and will frown in anger upon their enmity.

Art. 2. They further agree and declare, that the Government of Texas shall permit no bad men to cross the line into the hunting grounds of the Indians; and that if the Indians should find any such among them, they will bring him or them to some one of the agents but not do any harm to his or their person or property.

Art. 3. They further agree and declare, that the Indians will make no treaty with any nation at war with the people of Texas; and also, that they will bring in and give up to some one of the agents of the Government of Texas, any and all persons who may go among them for the purpose of making or talking of war.

Art. 4. They further agree and declare, that if the Indians know of any tribe who may be going to make war upon the people of Texas, or steal their property, they will notify the whites of the fact through some one of the agents, and prevent such tribe or tribes from carrying out their intentions.

Art. 5. They further agree and declare, that the Indians shall no more steal horses or other property from the whites; and if any property should be stolen, or other mischief done by the bad men among any of the tribes, that they will punish those who do so, and restore the property taken to some one of the agents.

Art. 6. They further agree and declare, that the Indians will not trade with any other people than the people of Texas, so long as they can get such goods as they need at the trading-houses.

Art. 7. They further agree and declare, that the Government of Texas shall establish trading-houses for the convenience and benefit of the Indians, and such articles shall be kept for the Indian trade as they may need for their support and comfort.

Art. 8. They further agree and declare, that when peace is fully established between the white and the red people, and no more war or trouble exists, the Indians shall be supplied with powder, lead, guns, spears, and other arms, to enable them to kill game and live in plenty.

Art. 9. They further agree and declare, that they will not permit traders to go among them, unless they are sent by the Government of Texas, or its officers.

Art. 10. They further agree and declare, that the Indians will not sell any property to the whites, except such as are authorized to trade with them by the Government of Texas.

Art. 11. They further agree and declare, that the President shall appoint good men to trade with the Indians at the trading-houses, so that they may not be cheated; and also, that he shall appoint good men as agents, who will speak truth to the Indians, and bear their talks to him.

Art. 12. They further agree and declare, that if the trading-houses should be established below the line, to be run and marked, that the Indians shall be permitted to cross the line, for the purpose of coming to trade.

Art. 13. They further agree and declare, that no whiskey or other intoxicating liquor, shall be sold to the Indians, be furnished to them upon any pretext, either within their own limits, or in any other place whatsoever.

Art. 14. They further agree and declare, that the Government of Texas shall make such presents to the Indians, as the President, from time to time, shall deem proper.

Art. 15. They further agree and declare that the President may send among the Indians, such blacksmith and other mechanics, as he may think best for their benefit; and, also that he may send schoolmasters and families for the purpose of instructing them in a knowledge of the English language and Christian religion, as well as other persons to teach them how to cultivate the soil and raise corn.

Art. 16. They further agree and declare, that if the President should at any time send men among them to work mines, or agents to travel with them over their hunting-grounds, the Indians will treat them with friendship and aid them as brothers.

Art. 17. They further agree and declare, that hereafter, if the Indians go to war, they will not kill women and children, or take them prisoners, or injure them in any way; and that they will only fight against warriors who have arms in their hands.

Art. 18. They further agree and declare, that they never will, in peace or war, harm any man that carries a white flag, but receive him as a friend, and let him return again to his people in peace.

Art. 19. They further agree and declare, that they will mutually surrender and deliver up all the prisoners which they have of the other party for their own prisoners; and that they will not be friendly with any people or nation, or enter into treaty with them, who will take prisoners from Texas, or do its citizens any injury.

Art. 20. They further agree and declare, that if ever hereafter, trouble should grow up between the whites and the Indians, they will immediately come with a white flag to some one of the agents, and explain to him the facts; and he will send a messenger to the President, who will remove all trouble out of the path between the white and the red brothers.

Art. 21. They further agree and declare that there should be a general council held once a year, where chiefs from both the whites and the Indians, shall attend. At the council presents will be made to the chiefs.

Art. 22. They further agree and declare, that the President may make such arrangements and regulations with the several tribes of Indians, as he may think best for their peace and happiness.¹⁷

This treaty was ratified by the Senate January 24, 1845, and signed by President Jones February 5. The Indian affairs of the Republic were in a prosperous condition at the close of the year 1844, according to T. G. Western, Superintendent of Indian Affairs. He said that although there were occasional depredations on the western and southwestern frontier, the prospects for a permanent peace were continuing to brighten. The Indians were finding it advantageous to cultivate the peace and friendship of the Republic.¹⁸

The twenty-first article of the Treaty of October 9, 1844, provided that a general council should be held once a year between the Indians and the government of Texas. In accordance with this arrangement, plans were made to hold a meeting on September 15, 1845, at Post No. 2 on Tawakano Creek. President Jones wrote to Western that the main object of the council was to remove any difficulties which might have come up since the treaty was made, to keep the Indians quiet by a mutual renewal of friendship, and to make presents to the various tribes.¹⁹ The commissioners appointed to meet the Indians were J. C. Neill, E. Morehouse and T. J. Smith. Western instructed them to investigate the "obnoxious and unprovoked murder" of Hornsby and Atkinson near Austin in May. It was presumed, he said, that some of the Comanches were implicated in the crime. The perpetrators should be discovered and delivered into the hands of justice. In regard to the establishment of a permanent line between the Indians and the whites, Western said:

The Indians in Council last year in October, especially the Comanches refused their assent to a permanent divisory line, as proposed by the then President, General Houston, and the Commissioners in Council, His Excellency will not therefore desire you to urge this point at present, contrary to their wishes. They were then satisfied that the line of Trading Houses should be considered as the line designating the grounds of the Red Man, and the President has no objection that it should remain as it is, if the Indians desire it; but if on the contrary as it is rumored, they have changed their minds you will please hear all they may have to say on the subject and report to his Excellency what they desire in the matter in order that the Government may, after due deliberation, determine and make known their decision in the case, by the next council after the present.²⁰

The results of the peace council were described by the commissioners in their report of September 27, 1845, to the President. The report reads:

We have the honor to present for your consideration, the result of our mission as Commissioners, appointed for the purpose of holding a council with the several tribes of Indians on this frontier.

On the 12th inst we met the Comanche Indians under Mo-pa-cho-co-pe, and encamped with them at the Council Ground near the Brazos River, and within four miles of this Post. In a day or two representatives fom the Anah-hah-kaho, Caddoes, Cherokees, Delawares, Ionies, Lipans and Tonka-huas, arrived at the Council Ground, and on Friday the 19th inst we held a general Council.

On Sunday the 21st, another Council was held, when the chiefs of the different tribes manifested the warmest friendship for the whites, and assured us of their disposition to continue so, and also to use their influence in subduing such others as continued hostile. The Comanches in particular promised us, that should any stolen property be brought within their limits by the Wacoes or other wild Indians, that they would take possession of the same, and bring it in to the Trading Houses. It was no doubt expected by your Exy, that Powanca, one of the Comanche Chiefs, would have attended the Council with his band, but we regret to inform you that through some misunderstanding on the part of some of the Agents, he was not in attendance; but we have assurances from Mo-po-cho-co-pe, the Comanche Chief in Council, and from other sources, that within a few weeks, Powanca will bring his warriors into Council and enter into the Treaty already made with a portion of his tribe. Your Excy will readily perceive the great benefits that would result to the Nation, should this be consummated, on account of the influence and control which this Chief exerts over the Wacoes, Keechies, and other hostile tribes.

In regard to our instructions concerning the murder of Messrs. Atkinson & Hornsby, we have to report, that from the best information we could obtain, the report of the death of the murderer as also of his father by their own tribe, as communicated by B. Sloat, agent, is substantially correct.

We have the gratification of reporting, that the Lipan and Tonkahua Indians have consented to leave their present location and remove within the limits of the Comanches who have given their assent to it.

We received from Messrs. Torry & Bro., goods intended as presents for the Indians to the amount $2617.93, and having assurances that other parties and tribes of Indians would meet in Council in a few weeks. Should it meet with the approbation of the Govt, we economized in our distribution, and goods to the amount of $1314.06½ was given out, leaving an Invoice on hand amounting to $1303.87½, subject to the order and consideration of the Govt, which Invoices have been forwarded to the Indian Bureau. ...

After the Council was concluded and the several tribes had received their presents, they left for their homes, assuring us again of their determination to continue friendly.²¹

On November 16, 1845, at Post No. 2, G. W. Terrell and I. J. Smith met the Waco, Tawakano, Kechai and Wichita Tribes and concluded a treaty with them in conformity to that made with the other Indians.²² Western, the Superintendent of Indian Affairs, made his annual report to W. G. Cooke, Secretary of War and Marine, on February 18, 1816. He said that the Indians had manifested the best disposition to maintain inviolate the treaties made with them, and to meet the people of Texas in peace and friendship. In concluding his rather brief report in which he mentioned the treaties that had been concluded during the year, he stated:

It must be a source of congratulation, that during the past year as well as at the close of our separate national existence, we have been and are at peace with all men both red and white.

Convinced that the good effects of the Indian policy pursued by the late administrations of the Republic for the past four years, have become the more evident as the more tested.²³

The history of the Indian policy of the Republic, therefore, closed with the peace policy of Houston beginning to work out in practical results.

III. Trade and Commerce with the Indians

Houston emphasized the importance of establishing a well regulated trade with the Indians. He realized that only by making them feel the practical benefits of friendly relations with the government could peace be maintained. His idea was to separate the Indians from the white settlements by a line of demarkation along which Trading Houses should be established for the purpose of promoting trade and friendly intercourse. He believed, that if the savages became dependent on the Trading Houses for the comforts and conveniences of life, they would find it advantageous to refrain from war.²⁴

In order to carry out this policy, Congress passed a law, which went into effect January 14, 1843, "To provide for the establishment and maintenance of peace, and to regulate friendly intercourse with the Indians." One of the fundamental articles of this act was for the formation of an Indian Bureau to be attached to the War Department.²⁵ Up to this time the Indian affairs of the Republic had been directed in a haphazard way, sometimes by the State Department, sometimes by the War Department, or by the President. The centralization of responsibility, brought about by this act naturally resulted in the more orderly management of the Indian relations of the government. The President was given the power to appoint a Superintendent of Indian Affairs, not more than four agents, and not more than four interpreters. All the agents were required to report at least twice a year to the Chief Executive.²⁶ In accordance with the above instructions the President appointed Joseph C. Eldridge, Commissioner of Indian Affairs. He served until the fall of 1843, when he and the President had a slight misunderstanding.²⁷ Thomas J. Western, who took his place, conducted the affairs of the Indian Bureau until Texas was incorporated into the United States.

After creating the machinery for the conduct of Indian relations, the act of 1843 prescribed specifically the manner in which peace and friendly intercourse with the wild tribes was to be maintained. Trading houses should be located, respectively, at or near the south fork of the Trinity, somewhere between the lower and upper cross Timbers; at or near the Comanche Peak; at or near the old San Saba Fort or mission; at or near Porto Vandero; at or near the junction of the Moras and Rio Grande.²⁸ In his last message to Congress on December 7, 1844, Houston said that all the different tribes of Indians were completely pacified and in regular friendly intercourse with the trading establishments, thereby rendering the frontiers safe from "savage depredations and butcheries."²⁹ As far as the writer has been able to ascertain only, two trading houses were ever put into operation during the Republic, and only one of these had been established at the time of Houston's speech. Early in 1843, J. T. Torrey was running a trading house on Tawakoni Creek, six or seven miles southwest of the present city of Waco.³⁰ President Jones granted a license to Mathias Travis on March 6, 1845, to establish a trading house on the south fork of the Trinity.³¹ The buildings were actually located two or three miles from the west fork of the Trinity at the Marrow Bone Spring. A house 36x36 feet, and several sheds were constructed, and the whole was fenced in with pickets. This work was completed in September, 1845.³² The Superintendent of Indian Affairs wrote to the Indian Agent, R. S. Neighbors, on March 2, 1845, stating that a trading house would be located on the Colorado or its waters some time soon.³³ Western also mentioned in a letter of May 2, the probability of a trading house on the Colorado at an early date.³⁴ On May 5, Western informed Richard Fitzpatrick that the President had granted him a license to establish a trading house on the Colorado.³⁵ Whether or not Fitzpatrick succeeded in putting his license into practical use the writer has been unable to determine.

The law of January 14, 1813, also put all trade with the Indians under strict governmental supervision. Not only did the trader have to receive a license signed by the President, but he was obliged to render an account of all the articles he proposed to sell to the Indians. No intoxicating liquors, no firearms or war supplies could be furnished to the savages. If the Indians received the special consent of an agent they might enter the settlements, but while there no person was allowed to trade with them unless he held a written permission from a justice, and only then in the presence of two or more witnesses.³⁶ On February 3, 1845, this exception was repealed by an amendment, and thereafter no person except a regular licensed trader could deal with the Indians.³⁷ In writing to the Indian Agents, Sloat and Williams, concerning this regulation, Western said that it was to be rigidly enforced.³⁸

Certain practical results naturally followed the establishment of trading houses along the frontier. Through the Indian agents residing at these places the government was able to keep in touch with the wild tribes. For instance, alarming rumors were always being circulated, either that the Indians were about to gather for an attack on the settlements, or that the whites were preparing to wage war of extermination on the Indians. On January 10, 1845, three Indian chiefs came to the agents Sloat and Williams at Torrey's trading house, and informed them that wild tales had spread, that when the corn was ripe the whites would fall upon the Indians and exterminate them.³⁹ Williams visited the Indians, corrected this rumor, and assured them that the intentions of the Government were to hold to the agreements of peace.⁴⁰ If the agents had not been in touch with the Indians a great deal of trouble would probably have resulted from this rumor. Another practical result of the trading house was to encourage the Indians to hunt instead of spend their time on the warpath. By bringing in peltries to the trader the Indians were able to obtain the things they wanted without having to steal them. There were some complaints concerning the high price of goods at Torrey's, but Western said that he did not credit the statement.⁴¹ He instructed Sloat and Williams, however, to see that the Indians received fair treatment.⁴²

Measures for Frontier Defense

The administrations of Houston and Jones are marked by a conspicuous absence of Indian wars. Congress did not pass a single act which provided for offensive action against the Indians. There was an attempt by the President to do away with the old idea of retaliation and revenge, and to institute in its place the more humane principle of adjustment of difficulties by counsel. When depredations were committed by the Indians, an attempt was made to fix the blame where it really belonged, instead of rushing madly after whatever Indians could be found. Of course all trouble with the Indians did not cease at once under the new peace policy, and it was still necessary to provide for the protection of the frontiers.

In 1842 the sum of twenty thousand dollars was appropriated for frontier defense.⁴³ A joint resolution went into effect July 23, 1842, authorizing the President to accept the services of one company of volunteers to range on the Trinity and Navasota Rivers, and two companies to range on the southwestern frontier.⁴⁴ Most of the acts relating to the protection of the southern and southwestern frontier were passed for the express purpose of preventing a surprise attack from Mexico.⁴⁵ An exception to this was an act approved January 23, 1844, authorizing John C. Hays to raise a company of mounted gunmen to act as rangers on the western and southwestern frontier "as the public interest may require."⁴⁶

The main object of keeping a force on the frontier was to prevent the Indians from entering the settlements. It had been arranged in the treaties of 1843 and 1844, that the chiefs would not permit the Indians to cross the line for any purpose whatsoever, without a passport from an agent. When Indians entered the settlements without permission, they were sent back to their homes as soon as possible to avert trouble. In May, 1845, a party of Delawares crossed the line, and Mr. E. Mabry asked for a special permission to have them remain, but Western informed him that this would establish a bad precedent and refused.⁴⁷ The Superintendent of Indian Affairs wrote to the agent, Neighbors, on the following day instructing him to have Colonel Hays send the Delawares near Bastrop out of the country.⁴⁸ In all its dealings with the Indians the policy of the administration was, never to be the aggressor, but if the Indians made a raid they were to be severely punished and if they entered the settlements without permission they were to be put out by force if necessary.⁴⁹

After the two invasions by the Mexican armies in 1842, an extensive system of protection was established on the southern and western frontiers. The Indians, having in general assumed a peaceable attitude toward the Republic, did not require a large force of rangers to keep them from harassing the settlers.

Cost and Results of the Peace Policy

The total expenditures of Houston's second administration were only $511,083 for the three years 1842-1814, as compared with $4,855,215 for the preceding three years. The financial condition of the country at the beginning of Houston's term was deplorable, but when he retired from office he said that the reports of the Secretary of the Treasury would show that the finances of the country were in a "most healthy and prosperous condition."⁵⁰ During Lamar's administration the expenditures on account of Indian affairs had amounted to the enormous sum of $2,552,319. The total cost of Indian affairs as operated under the peace policy during the years 1842-1845 amounted to $139,092, of which $94,092 was spent during the three years Houston was President, and $45,000 during the year 1845 with Jones at the head of the Government.⁵¹ The operation of the peace policy had, therefore, brought an enormous reduction in the cost of Indian relations.

In spite of the beneficial results of Houston's peace policy, which must have been quite evident, his opponents never lost an opportunity to score him for his soft-hearted attitude toward the Indians.⁵² However, the criticism was not of a quality to disprove the practical benefits accruing from the peace policy. In spite of all that was said to disparage the conciliatory attitude of the government, Houston's policy resulted: (1) in the successful negotiation of treaties with all the Indian tribes; (2) in the establishment of trading houses; (3) in the reduction of Indian disturbances on the frontier, and the consequent need for less protection; and (4) in the great reduction of the cost of Indian relations.

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