Meusebach-Comanche Treaty
Encyclopedia
The Meusebach-Comanche Treaty was a treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

 between the private citizens of the Fisher-Miller Land Grant
Fisher-Miller Land Grant
The Fisher-Miller Land Grant was part of an early colonization effort of the Republic of Texas. Its 3,878,000 acres covered between the Llano River and Colorado River. Originally granted to Henry Francis Fisher and Burchard Miller, the grant was sold to the German colonization company of Adelsverein...

 in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 (United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

), who were predominantly German in nationality, and the Penateka Comanche Tribe
Comanche
The Comanche are a Native American ethnic group whose historic range consisted of present-day eastern New Mexico, southern Colorado, northeastern Arizona, southern Kansas, all of Oklahoma, and most of northwest Texas. Historically, the Comanches were hunter-gatherers, with a typical Plains Indian...

. The treaty was officially recognized by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 government. In 1936, a Recorded Texas Historic Landmark
Recorded Texas Historic Landmark
Recorded Texas Historic Landmark is a designation awarded by the Texas Historical Commission for historically and architecturally significant properties in the state of Texas....

, Marker number 991, was placed in San Saba County
San Saba County, Texas
San Saba County is a county located on the Edwards Plateau in Western Central Texas. In 2010, its population was 6,131. Its county seat is San Saba. It is named for the San Saba River, which flows through the county.-History:...

 to commemorate the signing of the treaty.

Background

The Fisher-Miller land grant consisted of 3,878,000 acres between the Llano River
Llano River
The Llano River is a tributary of the Colorado River, approximately 105 mi long, in central Texas in the United States. It drains part of the Edwards Plateau in Texas Hill Country northwest of Austin....

 and Colorado River
Colorado River (Texas)
The Colorado River is a river that runs through the U.S. state of Texas; it should not be confused with the much longer Colorado River which flows from Colorado into the Gulf of California....

, in the heart of the Comancheria
Comancheria
The Comancheria is the name commonly given to the region of New Mexico, west Texas and nearby areas occupied by the Comanche before the 1860s.-Geography:...

. These lands constituted part of the hunting grounds of the Penateka Comanche Indians. When Henry Francis Fisher
Henry Francis Fisher
Henry Francis Fisher , a notable German Texan, was born in Kassel, Hesse. In 1837 or early 1838 he came to Houston, Texas, where he was consul for the Hanseatic League...

 and Burchard Miller
Burchard Miller
Burchard Miller, was one of the many persons interested in the 1840s in securing land grants from the Republic of Texas for colonization enterprises...

 sold the grant to the Adelsverein
Adelsverein
Society for the Protection of German Immigrants in Texas, better known as Adelsverein , organized on April 20, 1842, was a colonial attempt to establish a new Germany within the borders of Texas.-History:...

, they were aware of the dangers of settling in Comancheria, but did not inform the Verein. Likewise, the Verein accepted the sale on face value and did not question it.

This land was earmarked for the settlement of immigrants who arrived in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 under the sponsorship of the Society for the Protection of German Immigrants. Prince Carl of Solms-Braunfels
Solms-Braunfels
Solms-Braunfels was a County in what is today the federal Land of Hesse in Germany.Solms-Braunfels was a partition of Solms, and was raised to a Principality in 1742. Solms-Braunfels was partitioned between: itself and Solms-Ottenstein in 1325; itself and Solms-Lich in 1409; and itself,...

, the first Commissioner of the society, had made it clear from the onset of the settlement plans that he was determined to find a way to coexist peacefully with the fierce Penateka Comanche. He was unable to do so, however, until John O. Meusebach
John O. Meusebach
John O. Meusebach , born Baron Otfried Hans von Meusebach, was at first a Prussian bureaucrat, later an American farmer and politician who served in the Texas Senate, District 22.-Early years:John O...

 took charge of the affairs of the German immigrants. Under Meusebach's leadership, and with the help of Indian Agent Robert Neighbors
Robert Neighbors
Robert Simpson Neighbors was an Indian agent and Texas state legislator. Known as a fair and determined protector of Indian interests as guaranteed by treaty, he was murdered for his beliefs by a Texan who disagreed with giving any rights to the Comanches.-Early life:Robert Simpson Neighbors was...

, regular expeditions into Indian-controlled lands took place both to survey the lands the Society wished to settle, and to find and negogiate with the Penateka Comanche.

Role of the United States

Except for Neighbors, who regularly traveled safely into the Comancheria and who could offer anyone with him safe passage, other state and federal Government officials could not provide a guarantee of safe passage. Since military escorts for surveyors were unavailable, surveyors refused to enter the grant for fear of being attacked by the Indians. Thus, the United States played no role in this treaty, except to later recognize it. It remains the only treaty made between the Plains Tribe
Plains Indians
The Plains Indians are the Indigenous peoples who live on the plains and rolling hills of the Great Plains of North America. Their colorful equestrian culture and resistance to White domination have made the Plains Indians an archetype in literature and art for American Indians everywhere.Plains...

 and settlers as private parties.

Dr. Friedrich A. Schubbert

While at Nassau Plantation
Nassau Plantation (Texas)
Nassau Plantation was a endeavor purchased by the Adelsverein on January 9, 1843 in Fayette County, Texas, near what is now Round Top. Designated a Recorded Texas Historic Landmark in 1968, Marker 3550.-Original purchase:...

, Meusebach designated Dr. Friedrich A. Schubbert the director of the colony at Fredericksburg, recommended by Henry Francis Fisher. Notes in Meusebach's documents indicate he had some doubts about Schubbert's background. However, Meusebach still chose Schubbert to lead a second expedition into Fredericksburg.

Unknown to Meusebach at the time, Schubbert's real name was Friedrich Armand Strubberg. He had been born in Kassel
Kassel
Kassel is a town located on the Fulda River in northern Hesse, Germany. It is the administrative seat of the Kassel Regierungsbezirk and the Kreis of the same name and has approximately 195,000 inhabitants.- History :...

, Germany in 1806, and fled in 1826 after wounding an opponent in a duel. There was a second duel in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

 which resulted in the death of Schubbert's opponent. On arrival in Texas in 1844, he used the alias Dr. Friedrich A. Schubbert. Schubbert had established the St. Gabriel colony in Milam County. He and Henry Francis Fisher worked in tandem to entice immigrants away from the Verein settlements. Upon advice of Fisher, on February 11, 1845, five immigrants who had just disembarked from the Neptun signed an affidavit disassociating themselves from the Verein and stating their intent to join Schubbert's colony. The immigrants were F.J. Magden, H. Lohmann, H. Heinemann, J. Schmidtzinsky and J. Pfeiffer. Fisher was also involved in the December 31, 1846 mob scene in New Braunfels where colonists threatened to hang Meusebach unless he turned the reins of power over to Fisher.

Without authorization from Meusebach, Schubbert led a group from Fredericksburg, armed with a cannon, into Comanche territory. Shawnee
Shawnee
The Shawnee, Shaawanwaki, Shaawanooki and Shaawanowi lenaweeki, are an Algonquian-speaking people native to North America. Historically they inhabited the areas of Ohio, Virginia, West Virginia, Western Maryland, Kentucky, Indiana, and Pennsylvania...

 scouts who had been out to the Llano River
Llano River
The Llano River is a tributary of the Colorado River, approximately 105 mi long, in central Texas in the United States. It drains part of the Edwards Plateau in Texas Hill Country northwest of Austin....

 reported seeing 40,000 to 60,000 Kickapoo camped on the other side of the river. The next morning, Schubbert and his group retreated to Fredericksburg. Meusebach decided to challenge the report by going into Comanche territory himself. Schubbert attempted a coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...

 of Meusebach's authority in Fredericksburg. The attempt backfired on Schubbert, and ninety-five colonists signed a petition urging Meusebach to remain as Commissioner-General. On July 12, 1847, Meusebach sent Schubbert a letter of dismissal from his position as director of Fredericksburg.

Meusebach and the Penateka Comanche

The Fisher-Miller land grant awarded by the state of Texas contained provisions that the land had to be settled, or at least surveyed and settlement begun, by fall of 1847. Given these provisions, the Society realized it must either enter the Indian territory or forfeit the land grant. Meusebach raised a private mounted company including well-armed Germans and Mexicans, to protect American surveyors, who subsequently set out from Fredericksburg
Fredericksburg, Texas
Fredericksburg is the seat of Gillespie County, in the U.S. state of Texas. As of the 2010 Census estimate, the city had a population of 10, 530...

 on January 22, 1847. Lorenzo de Rozas served as a guide and interpreter. He had been kidnapped by Comanches as a child and understood the language and culture.

En route, the group was approached by several English-speaking Shawnee
Shawnee
The Shawnee, Shaawanwaki, Shaawanooki and Shaawanowi lenaweeki, are an Algonquian-speaking people native to North America. Historically they inhabited the areas of Ohio, Virginia, West Virginia, Western Maryland, Kentucky, Indiana, and Pennsylvania...

, and Meusebach engaged three as hunters. The reddish-blonde haired John O. Meusebach
John O. Meusebach
John O. Meusebach , born Baron Otfried Hans von Meusebach, was at first a Prussian bureaucrat, later an American farmer and politician who served in the Texas Senate, District 22.-Early years:John O...

 was named El Sol Colorado (The Red Sun) by Penateka Comanche Chief Ketemoczy (Katemcy), who had encountered Meusebach and his group in the vicinity of present-day Mason
Mason, Texas
Mason is the seat of Mason County, Texas, United States. The town is an agricultural community on Comanche Creek southwest of Mason Mountain, on the Edwards Plateau and part of the Llano Uplift. The population was 2,114 at the 2010 census.-History:...

. On February 18, they visited an old Spanish fort on the San Saba River, to determine viability for a settlement. It was a region said to rich in silver deposits. In the ruins of the fort, they found etched the names of previous mineral speculators, including that of Jim Bowie
Jim Bowie
James "Jim" Bowie , a 19th-century American pioneer, slave trader, land speculator, and soldier, played a prominent role in the Texas Revolution, culminating in his death at the Battle of the Alamo...

 who had been there in 1829. According to their agreement with Chief Ketemoczy, they returned to the Comanche camp at the next full moon, and commenced negotiations March 1-2, 1847.

Meusebach joined them in camp two days after their journey into the Comancheria began. Noted geologist Ferdinand von Roemer
Ferdinand von Roemer
Carl Ferdinand von Roemer , German geologist, had originally been educated for the legal profession at Göttingen, but became interested in geology, and abandoning law in 1840, studied science at the University of Berlin, where he graduated Ph.D...

 wrote a vivid and accurate account of the expedition which is still available. About ten days after the Meusebach group was gone, the Governor of Texas, James Pinckney Henderson
James Pinckney Henderson
James Pinckney Henderson was a United States and Republic of Texas lawyer, politician, soldier, and the first Governor of the State of Texas....

, sent a Robert Neighbors to warn Meusebach of the possible consequences of entering Indian territory. He had been given orders that, had Meusebach already departed, to overtake them and offer to assist in the negotiations. Ferdinand von Roemer accompanied Neighbors. Unknown to the Governor, however, contacts with the Indians had already been made; Neighbors was able to convince Buffalo Hump
Buffalo hump
Buffalo Hump was a Native American War Chief of the Penateka band of the Comanche Indians...

 to join, and the negotiations were fruitful. The final negotiating sessions took place on March 1 and 2 at the lower San Saba River Basin, about twenty-five miles from the Colorado River.

Roemer's description of the Penateka Comanche Chiefs

Roemer, a noted German scientist who was traveling in America at the time of the meetings in the mid- and late 1840s between the Society and the Comanche Chiefs, attended the council between the chiefs and white representatives. He described the three Penateka Comanche chiefs as 'serene and dignified,' characterizing Old Owl as 'the political chief' and Santa Anna
Santa Anna (Comanche war chief)
Santa Anna was a Native American War Chief of the Penateka band of the Comanche Indians.-In The Early Life:Santa Anna was a member of the same band of the Comanche as the more famous Buffalo Hump. He was an important chief, though probably less influential than Buffalo Hump during the 1830s and...

 as an affable and lively-looking 'war chief'. Roemer characterizes Buffalo Hump vividily as:

The Treaty parties

The treaty was made between the powerful chiefs Buffalo Hump
Buffalo hump
Buffalo Hump was a Native American War Chief of the Penateka band of the Comanche Indians...

, Santa Anna
Santa Anna (Comanche war chief)
Santa Anna was a Native American War Chief of the Penateka band of the Comanche Indians.-In The Early Life:Santa Anna was a member of the same band of the Comanche as the more famous Buffalo Hump. He was an important chief, though probably less influential than Buffalo Hump during the 1830s and...

, Old Owl
Old Owl
Old Owl was a Native American Civil Chief of the Penateka band of the Comanche Indians. His name, Mo'pe-choko-pa, in Comanche literally meant "Old Owl."-Early life:...

 for the Penateka Comanche, and Meusebach for the Societey. Meusebach was called "El Sol Colorado" by the Penateka Comanches. (The name came from his long, flaring red beard). The Treaty was ratified in Fredericksburg two months later. The treaty's provisions allowed Meusebach's settlers to go unharmed into the Comancheria, and the Penateka Comanche to go to the white settlements. It also promised mutual reports on wrongdoing, and promised that both sides would curtail their lawbreakers. It also provided for survey of lands in the San Saba area with a payment of at least $1,000 to the Indians.

The Penateka also requested that a representative of the German colonists serve as an in-house intermediary and live among them. Emil Kriewitz
Emil Kriewitz
Emil Kriewitz was a German immigrant and veteran of the Mexican-American War, who came to this country with the Adelsverein colonists. After John O. Meusebach successfully negotiated the Meusebach–Comanche Treaty, Kriewitz lived among the Penateka Comanche as an intermediary between the whites...

 was assigned to be the intermediary, and went to live at the camp of war chief Santa Anna
Santa Anna (Comanche war chief)
Santa Anna was a Native American War Chief of the Penateka band of the Comanche Indians.-In The Early Life:Santa Anna was a member of the same band of the Comanche as the more famous Buffalo Hump. He was an important chief, though probably less influential than Buffalo Hump during the 1830s and...

. The treaty opened more than 3000000 acres (12,140.6 km²) of land to settlement by the Society.

The Treaty today

Only five Adelsverein settlements were attempted in the Fisher-Miller land grant area: Bettina, Castell, Leiningen, Meerholz, and Schoenburg. Of these, only Castell
Castell, Texas
Castell is a small unincorporated riverside town in Llano County, Texas, United States. Located in the heart of the Texas Hill Country, its northern border is formed by the Llano River. Designated a Recorded Texas Historic Landmark in 1964, Marker number 9440....

survived. Fredericksburg borders on the grant, but does not fall within the grant itself.

The original Meusebach-Comanche treaty document was returned to Texas from Germany in 1970 by Mrs. Irene Marschall King, the granddaughter of John Meusebach. The document was presented to the Texas State Library in 1972, where it remains on display. The Treaty is one of the few pacts with native Americans that was never been broken.

Text of the treaty

Treaty Between the Comanche and the German Immigration Company

May 9, 1847

Treaty

Between the Commissary General of the German Immigration Company, John O. Meusebach, for himself and his successors and constituents for the benefit and in behalf of the German people living here and settling the country between the waters of the Llano and the San Saba of the one part and the chiefs of the Comanche Nation hereunto named and subscribed for themselves and their people of the other part, the following private treaty of peace and friendship has been entered into and agreed upon:

I. The German people and Colonists for the Grant between the waters of the Llano and the San Saba shall be allowed to visit any part of said country, and be protected by the Comanche Nation and the Chiefs thereof, in Consideration of which agreement the Comanche may likewise come to the German colonies towns and settlements, and shall have no cause to fear, but shall go wherever they please – if not counselled otherwise by the especial agent of our great father – and have protection, as long as they walk in the white path.

II. In regard to the settlement on the Llano the Comanche promise not to disturb or in any way molest the German colonists, on the contrary, to assist them, also to give notice if they see Indians about the settlement who come to steal horses from or in any way molest the Germans – the Germans likewise promising to aid the Comanches against their enemies, should they be in danger of having their horses stolen or in any way to be injured. And both parties agree that if there be any difficulties or any wrong done by single bad men, to bring the name before the chiefs, to be finally settled and decided by the agent of our great father.

III. The Comanches and their great Chiefs grant to Mr. Meusebach, his successors and constituents the privilege of surveying the country as far as the Concho and even higher up, if he thinks proper to the Colorado and agree not to disturb or molest any men, who may have already gone up or yet to be sent up for that purpose. In consideration of which agreement the Commissary General Mr. Meusebach will give them presents to the amount of One Thousand Dollars, which with the necessary provisions to be given to the Comanches during their stay at Fredericksburgh will amount to about Two Thousand Dollars worth or more.

IV. And finally both parties agree mutually to use every exertion to keep up and even enforce peace and friendship between both the German and the Comanche people and all other colonists and to walk in the white path always and forever.

In witness whereof we have hitherunto set our hands, marks and seals. Done at Fredericksburgh on the water of the Rio Piedernales this ninth day of May A.D. 1847.
  • John O. Meusebach
  • R.L. Neighbors, Spec Agt U.S.
  • F. Shubbert
  • Jean Jacques von Coll
  • John F. Torrey
  • Felix A. von Blücher
  • War Chiefs of the Delaware
    • Jim Shaw x mark
    • John Connors x mark
  • War Chiefs of the Comanches
    • Santa Anna’s x mark
    • Poch-an Sanachego’s x mark
    • Moora-quitop x mark
    • Matasane x mark
    • To-shaw-wheschke x mark
    • Nokakwek x mark

  • External links

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