Author: Clyons
Company: EPC

TREATY of SEPTEMBER 29, 1843
{Treaty of Bird's Fort}
http://www.chahta.org/1843.htm

Whereas, a treaty of peace and friendship between the Republic of Texas and the Delaware, Chickasaw, Waco, Tawakoni, Keechi, Caddo, Anadarko, Ioni, Biloxi and Cherokee tribes of Indians, was concluded and signed at Bird's Fort, on the Trinity River, on the twenty ninth day of September in the year of our Lord, One Thousand, Eight Hundred and Forty Three, by G.W. Terrell and E.H. Tarrant, Commissioners on the part of the republic of Texas, and certain chiefs, headmen and warriors of the tribes of Indians aforesaid, on the part of said tribes; which treaty is, in the following words to wit:
A treaty of peace and friendship, between the Republic of Texas and the Delaware, Chickasaw, Waco, Tawakoni, Keechi, Caddo, Anadarko, Ioni, Biloxi and Cherokee tribes of Indians, concluded and signed at Bird's Fort on the Trinity River, the 29^th 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 29^th 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 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 woman 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 of the Indians to take part against Texas; and if any such proposals should ever be made to them, that they will immediately communicate the same to an agent or the President.
ARTICLE IV
They further agree and declare, that when they learn that Texas is at war with any other people, a chief will come to the 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 purposes of hearing complaints of the Indians and seeing that justice is done between them and the whites; 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 whiteman or other person within control of the laws of Texas, shall introduce among any tribe or nation of Indians, or to sell to any Indian or Indians, ardent spirits or intoxicating liquors of any kind,
ARTICLE VIII
They further agree and declare, that no whiteman or other person, else than a regularly licensed trader, shall purchase any property of an Indian or Indians without 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 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 warlike stories to the Indians, but by permission of the President.
ARTICLE XI
They further agree and declare, that no person or persons shall pass the line of the trading houses, without 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 expressed 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 guilty of a 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 whiteman or other person within the control of the laws if Texas, upon any Indian in time of peace, shall be punished by the Government of Texas in the same manner as though the Indian were a whiteman; and that the person so offending shall be liable to indictment and punishment, in any county of the Republic.
ARTICLE XIV
They further agree and declare, that if any Indian or Indians kill any white person, he or they shall suffer death; and if any Indian or Indians shall steal any property of the whites, he or they shall be punished by the tribe, in the presence of the agent, with whipping or other punishment according to the offense.
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 passport from an agent; nor sell any property to a whiteman, unless authorized to do so by some agent.
ARTICLE XVI
They further agree and declare, that if any person shall come among the Indians, without authority from the President or agent, they will immediately seize and deliver them to someone 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 take prisoners from Texas, or do it's citizens and injury.
ARTICLE XVIII
They further agree and declare, that the President may send among the Indians such blacksmiths and other mechanics, as he thinks proper, for their benefit; and also may send schoolmasters and families, for the purpose of instructing them in 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 they will punish them with death, or in such other ways as will compel them to keep peace and walk 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 the commence hostilities; and the Government of Texas will do the same.
ARTICLE XXII
They further agree and declare, that as 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 purposes 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 to 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.
The foregoing articles having been read, interpreted and fully understood by them, they hereby agree to and confirm the same and signing their names.
Commissioners on the part of Texas:
G.W. Terrell
E.H. Tarrant
Witnesses:
R.I. Gilchrist
L. Williams
B. Booth
Sam B. Marshall
Rob't S. Hume
Chiefs and Headmen of the Indians:
Delaware's:
Roasting Ear
McCulloch
James St. Louis
Chickasaw's:
Ishteukahtubby
Waco's:
Aca Quash
Chetickkaka
Tawakoni's:
Kechikaroqua
Keechi's:
Kahteahtic
Caddo's:
Red Bear
Binchah
Haddahbah
Anadarko's:
Jose Maria
Ioni's:
Towaash
Biloxi's:
Hoyo Tubby
Cherokee's:
Chicken Trotter
Interpreters:
James Shaw
Luis Sanchez
Chowanih
Pierce Sobby
Choctaw Tom
Now therefore, be it known, that I, Sam Houston, President of the Republic of Texas, having seen and considered said treaty, do, in pursuance of the advice and consent of the Senate, as expressed by their resolution of he Thirty First day of January, One Thousand, Eight Hundred and Forty Four, accept, ratify and confirm the same, and every clause and article thereof.
It should be noted that this treaty was fully ratified by the republic of Texas on February 3, 1844. It was also honored by the state of Texas following its annexation by the United States of America, and was never superceded by any other treaty. It therefore. Theoretically remains in force to present day.