14 Texas Treaty with the Cherokee

In 1836, Sam Houston, who formerly lived among the Cherokee people, negotiated an agreement with Cherokees and other groups who escaped the Indian Removal Act in the United States. This agreement was short-lived in most cases, as later Texas and U.S. governments broadly extended “Indian Removal Policies” to Texas.

This Treaty made and established between Sam Houston, and John Forbes, Commissioners, on the part of the Provisional Government of Texas, of the one part, and the Cherokees, and their associate Bands now residing in Texas of the other part-to wit Shawanee, Delawares, Kickapoos, Quapaws, Choctaws, Boluxies, Pawanies, Alabamas, Cochatties, Caddos of the Naches, Tahoocattakes, and Unataquous, – By the Head Chiefs, Headmen and Warriors, of the Cherokees, as Elder Brother and Representative of all the other Bands, agreeably to their last General Council.

This Treaty is made conformably to a declaration made by the last General Consultation, at St. Felipe, and dated 13th November AD 1835.

Article First. The Parties declare, that there shall be a firm and lasting peace forever, and that a friendly intercourse Shall shall be preserved, 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 and possess 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 Angeline, and running up said river, until it reaches the mouth
of the first large creek, (below the great Shawanee Village) emptying into the said River from the north east, thence running with said creek, to its 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 Angeline river, and with the said road to the point where it crosses the Naches river
And and thence running up the east side of said river, in a North West direction.

Article, Third. All lands granted or settled in good faith previous to the settlement of the Cherokees, within the before described bounds are not conveyed by this treaty, but excepted from its operation – all persons who have once been removed
and returned shall be considered as intruders and their settlements, not be respected.

Article, Fourth. It is agreed by the parties aforesaid that the several Bands or Tribes named in this Treaty, shall all 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 being within 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 future all persons from intruding within the said bounds. And it is agreed upon the part of the Cherokees, 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 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 own 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 may belong.

Article, Eighth. The Government of Texas shall have 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, especially, 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…

The Texas-Cherokee Treaty of 1836, https://www.tsl.texas.gov/exhibits/texas175/cherokee.html