Author: Clyons
Company: EPC

TREATY OF
FEBRUARY 23, 1836
http://www.chahta.org/1836.htm

This treaty made and established between Sam Houston and John Forbes, commissioners, on the part of the Provisional Government of Texas, on the one part, and the Cherokee, and their associate bands now residing in Texas on the other part to wit: Shawnee, Delaware, Kickapoo, Quapaw, Choctaw, Biloxi, Ioni, Alabama, Coushatta, Caddo of the Neches, Tahocullake and Mataquo. By the Head Chiefs, Head men and warriors of the Cherokee as elder brothers and representative of all other bands, agreeably to this last General Council. This treaty is made-conformably to a dedication made by the last General Consultation, at San Felipe, and dated 13 November AD 1835.
ARTICLE FIRST
The parties declare, that there shall be a firm and lasting peace forever, and that a friendly intercourse shall be pursued, by the people belonging to both parties.
ARTICLE SECOND
It is agreed and declared that the before named tribes, or bands shall form one community, and that they shall have possession the lands, within the following bounds. To wit-laying west of the San Antonio road, and beginning on the west, at the point where the said road crosses the River Angelina, and running up said river, until it reaches the mouth of the first large creek, below the great Shawnee village emptying into the said river from the north east, thence, a running with said creek, to it's main source, and from thence a due north line to the Sabine River, and with said river west-then starting where the San Antonio road crosses the Angelina River, and with the said road to the point where the point where it crosses the Neches River and thence running up the east side of said river, in a northwest direction.
ARTICLE THIRD
All lands granted or settled in good faith previous to the settlement of the Cherokee, within the before described bounds are not conveyed by this treaty, but the excepted from it's operation. All persons who have been removed and returned shall be considered intruders and their settlements, not respected.
ARTICLE FOURTH
It is agreed by the parties aforesaid that the several bands or tribes named in the treaty, shall remove within the limits, or bounds as before described.
ARTICLE FIFTH
It is agreed and declared, by the parties aforesaid that the land, lying and between the aforesaid limits shall never be sold or alienated to any person or persons, power or government, whatsoever else than the Government of Texas, and the Commissioners on behalf of the Government of Texas bind themselves, to prevent in the future all persons from intruding within the said bounds. And it is agreed upon the part of the Cherokee, for themselves and their younger brothers, that no other tribes or bands of Indians, whatsoever shall settle within the limits aforesaid, but those already named in this treaty and now residing in Texas.
ARTICLE SIXTH
It is declared that no individual person, member of the tribes before named, shall have the power to sell, or lease land to any person or persons, not a member or members of this community of Indians, nor shall any citizen of Texas, be allowed to lease or buy land from any Indian or Indians.
ARTICLE SEVENTH
That the Indians shall be governed by their own regulations and laws, within their territory, not contrary to the laws of the Government of Texas. All property stolen from the citizens of Texas, or from the Indians shall be restored to the party from whom it was stolen, and the offender or offenders shall be punished by the party to whom he or they belong.
ARTICLE EIGHTH
The Government of Texas shall have the power to regulate trade and intercourse, but no tax shall be laid on the trade of the Indians.
ARTICLE NINTH
The parties to this treaty agree that one or more agencies shall be created and at least one agent shall reside, specifically within the Cherokee villages, whose duty it shall be to see, that no injustice is done to them, or other members of the community of Indians.
ARTICLE TENTH
The parties to this treaty agree that so soon Jack Steele and Samuel Benge, shall abandon their improvements, without the limits of the before recited tract of country, and remove within the same, that they shall be valued and paid for by the Government of Texas, that said Jack Steele and Samuel Benge, having until the month of November, next succeeding from the date of this treaty, allowed them to remove within the limits before described. And that all lands and improvements now occupied by any of the before named bands or tribes, not lying within the limits before described shall belong to the Government of Texas and subject to it's disposal.
ARTICLE ELEVENTH
The parties to this treaty agree and stipulate that all the bands or tribes, as before recited, (except Steele and Benge) shall remove within the before described limits, within eight months from the date of this treaty.
ARTICLE TWELTH
The parties to this treaty agree that nothing herein contained shall effect the relations of the Saline, on the Neches nor the settlers in the neighborhood thereof until a General Council of the several bands shall take place and the pleasure of the Convention of Texas be made known.
ARTICLE THIRTEENTH
It is also declared, that all the titles to lands, not agreeably to the declaration of the General Consultation of the People of Texas, dated the thirteenth day of November, Eighteen Hundred and Thirty Five, within the before recited limits, are declared void as well as, all orders and surveys made in relation to the same.
Done at Colonel Bowles Village on the twenty third day of February, Eighteen Hundred and Thirty Nine, and the first year of the Provisional Government of Texas.
Signed by:
Sam Houston
John Forbes
Colonel Bowles
Big Mush
Samuel Benge
Oosoota
The Egg
John Bowles
Tunnetee
Witnessed By;
Fox Fields
Harry Millard
Joseph Durst
A. Horton
George W. Case
Mathias A. Bingham
George W. Hockley, Secretary of Commission