Treaty with The Comanche, Kiowa, and Apache
July 27th, 1853
Articles of a treaty, made and concluded at Fort Atkinson,
in the Indian Territory, of the United States of America,
on the 27th day of July, anno Domini eighteen hundred and
fifty-three, between the United States of America, by Thomas
Fitzpatick, Indian agent, and sole commissioner, duly appointed
for that purpose, and the Camanche, and Kiowa, and Apache
tribes or nations of Indians, inhabiting the said territory
south of the Arkansas River.
Peace, friendship, and amity shall hereafter exist between
the United States and the Camanche and Kiowa, and Apache tribes
of Indians, parties to this treaty, and the same shall be
The Camanche, Kiowa, and Apache tribes of Indians do hereby
jointly and severally convenant that peaceful relations shall
likewise be maintained amongst themselves in future; and that
they will abstain from all hostilities whatsoever against
each other, and cultivate mutual good-will and friendship.
The aforesaid Indian tribes do also hereby fully recognize
and acknowledge the right of the United States to lay off
and mark out roads or highways - - to make reservations of
land necessary thereto - - to locate depots - - and to establish
military and other posts within the territories inhabited
by the said tribes; and also to prescribe and enforce, in
such manner as the President or the Congress of the United
States shall from time to time direct, rules and regulations
to protect the rights of persons and property among the said
The Camanche, Kiowa, and Apache tribes, parties as before
recited, do further agree and bind themselves to make restitution
or satisfaction for any injuries done by any band or any individuals
of their respective tribes to the people of the United States
who may be lawfully residing in or passing through their said
territories; and to abstain hereafter from levying contributions
from, or molesting them in any manner; and, so far as may
be in their power, to render assistance to such as need relief,
and to facilitate their safe passage.
The Camanche, and Kiowa, and Apache tribes of Indians, parties
to this treaty, do hereby solemnly covenant and agree to refrain
in future from warlike incursions into the Mexican provinces,
and from all depredations upon the inhabitants thereof; and
they do likewise bind themselves to restore all captives that
may hereafter be taken by any of the bands, war-parties, or
individuals of the said several tribes, from the Mexican provinces
aforesaid, and to make proper and just compensation for any
wrongs that may be inflicted upon the people thereof by them,
either to the United States or to the Republic of Mexico,
as the President of the United States may direct and require.
In consideration of the foregoing agreements on the part
of the Camanche, and Kiowa, and Apache tribes, parties to
this treaty - of the losses which they may sustain by reason
of the travel of the people of the United States through their
territories - - and for the better support, and the improvement
of the social condition of the said tribes - the United States
do bind themselves, and by these presents stipulate to deliver
to the Camanche, Kiowa, and Apache tribes aforesaid, the sum
of eighteen thousand dollars per annum, for and during the
term of ten years next ensuing from this date, and for the
additional term of five years, if, in the opinion of the President
of the United States, such extension shall be advisable; -
the same to be given to them in goods, merchandise, provisions,
or agricultural implements, or in such shape as may be best
adapted to their wants, and as the President of the United
States may designate, and to be distributed amongst the said
several tribes in proportion to the respective numbers of
The United States do moreover bind themselves, in consideration
of the covenants contained in the preceding articles of this
treaty, to protect and defend the Indian tribes, parties hereto,
against the committal of any depredations upon them, and in
their territories, by the people of the United States, for
and during the term for which this treaty shall be in force,
and to compensate them for any injuries that may result therefrom.
It is also stipulated and provided, by and between the parties
to this treaty, that should any of the Indian tribes aforesaid
violate any of the conditions, provisions, or agreements herein
contained, or fail to perform any of the obligations entered
into on their part, then the United States may withhold the
whole part or a part of the annuities mentioned in the sixth
article of this treaty, from the tribe so offending, until,
in the opinion of the President or the Congress of the United
States, proper satisfaction shall have been made, or until
persons amongst the said Indians offending against the laws
of the United States shall have been delivered up to justice.
It is also consented to and determined between the parties
hereto, that the annuities to be given on the part of the
United States, as provided in the sixth article of this treaty,
shall be delivered to the said Indian tribes collectively,
at or in the vicinity of Beaver Creek, yearly, during the
month of July in each year, until some other time and place
shall have been designated by the President of the United
States, in which event the said Indian tribes shall have due
notice thereof, and the place of distribution which may be
selected shall always be some point within the territories
occupied by the said tribes.
It is agreed between the United States and the Camanche,
Kiowa, and Apache tribes of Indians, that, should it at any
time hereafter be considered by the United States as a proper
policy to establish farms among and for the benefit of said
Indians, it shall be discretionary with the President, by
and with the advice and consent of the Senate, to change the
annuities herein provided for, or any part thereof, into a
fund for that purpose.
In witness whereof, the said Thomas Fitzpatrick, Indian Agent,
and sole commissioner on the part of the United States, and
the undersigned chiefs and headmen of the Camanche and Kiowa,
and Apache tribes or nations, have hereunto set their hands,
at Fort Atkinson, in the Indian Territory of the United States,
this twenty-seventh day of July, A.D. eighteen hundred and
Indian Agent, and Commissioner on behalf of the United States.
- B. Gratz Brown, Secretary.
- R. H. Chilton.
- B. T. Moylero.
- Wulea-boo, his x mark (Shaved Head) chief Camanche
- Wa-ya-ba-tos-a, his x mark (White Eagle) chief of band
- Hai-nick-seu, his x mark (The Crow) chief of band
- Paro-sa-wa-no, his x mark (Ten Sticks) chief of band
- Wa-ra-kon-alta, his x mark (Poor Cayote Wolf) chief of band
- Ka-na-re-tah, his x mark (One that Rides the Clouds) chief of the southern Camanches.
- To-hau-sen, his x mark (Little Mountain) chief Kiowas
- Si-tank-ki, his x mark (Sitting Bear) war chief
- Tah-ka-eh-bool, his x mark (The Bad Smelling Saddle) headman
- Che-koon-ki, his x mark (Black Horse) headman
- On-ti-an-te, his x mark (The Snow Flake) headman
- El-bo-in-ki, his x mark (Yellow Hair) headman
- Si-tah-le, his x mark (Poor Wolf) chief Apache
- Oh-ah-te-kah, his x mark (Poor Bear) headman
- Ah-zaah, his x mark (Prairie Wolf) headman
- Kootz-zah, his x mark (The Cigar) headman
- B. B. Dayton,
- Geo. M. Alexander,
- T. Polk,
- Geo. Collier, jr.
We do hereby accept and consent to the Senate amendments
to the treaty aforesaid, and agree that the same may be considered
as a part thereof.
In testimony whereof we have hereunto set our hands and affixed
our seals, this 21st day of July, A.D. 1854.
- To-che-ra-nah-boo, (Shaved Head,) his x mark.
- Wa-ya-ba-to-sa, (White Eagle,) his x mark.
- Hai-nick-seu, (Crow,) his x mark.
- Ty-har-re-ty, (One who runs after women,) his x mark.
- Para-sar-a-man-no, (Ten Bears,) his x mark.
- To-han-seu, (Little Mountain,) his x mark.
- Ti-sank-ki, (Sitting Bear,) his x mark.
- Ko-a-ty-ka, (Wolf outside,) his x mark.
Executed in presence of -
- Aquilla T. Ridgely, assistant surgeon, U.S. Army.
- A. H. Plummer, brevet second lieutenant, Sixth Infantry.
- Paul Carrey.
- John Kinney, United States interpreter.
- H. E. Nixon, clerk.
I certify that the foregoing amendments to the treaty of
27th day of July, 1853, was read and explained to the chiefs,
and that they consented to, and signed the same on the 21st
day of July, 1854.
J.W. Whitfield, Indian Agent.
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