This tree is thought to be Austin's oldest Live Oak. It is located near a historic low-water crossing for Shoal Creek, which ultimately drains into the Colorado River. Also, nearby is Barton Springs, which is fed by Edwards Aquifer and lies south of the Colorado River.
The Story
The Treaty Oak in Austin is one of the most famous trees in Texas. Also known as a Comanche Council Oak, its history and previous relationship with American Indians in Texas has been well documented. Its reputation as a historic council tree made it a natural candidate for further research and recognition as a Comanche Marker Tree.
The Treaty Oak’s fame expanded statewide after it was documented in Famous Trees of Texas, published in 1971 by the Texas A&M Forest Service.
Analysis
The Treaty Oak is known to be the only remaining tree from the original grove of 14 Live Oaks. As settlers moved into the area and Austin expanded the other trees were lost to development by 1927. In 1937, the City of Austin purchased the property to protect and preserve the tree. The city designated the site as a public park and installed a plaque recognizing the significance of the tree in Texas history. Today, the tree stands in Caldwell Treaty Oak Park within the West Line Historic District.
The Treay Oak plaque
The plaque reads as follows:
The Caldwell Treaty Oak Park
Estimated to have been a majestic tree of about 100 years when Columbus first landed on North American shores, this Live Oak tree has been pronounced the most perfect specimen of a tree in North America, and its picture hangs in the Hall of Fame of Forestry at Washington.
Formally standing as the center of a group of trees called “The Council Oaks,” this tree takes its name from its role in the history of the Lone Star State. Stephen F. Austin is reputed to have signed the first boundary line agreement between Indians and settlers under the canopy of its branches; battles and important conferences have been planned, pacts signed, and feasts and religious ceremonies celebrated in the shade.
The Treaty Oak was purchased by the City of Austin in 1937 to stand as a living and fitting symbol of the mighty state it has watched develop.
Of note, the historical plaque refers to the original grove collectively as the “Council Oaks,” while the surviving tree is now officially recognized as the “Comanche Council Oak.” This distinction is important because it reflects both the broader historical significance of the grove and the later effort to identify the remaining tree with its documented association to Comanche history and Native council traditions in Central Texas. The naming also supports its recognition as a historic Comanche Marker Tree.
According to Famous Trees of Texas:
“An imaginary line running north and south through the heart of the group of oaks divided the territory and remained inviolate for years.
Long before the white man came, Tejas, Apache, and Comanche Indians regarded the tree with superstitious reverence.
One of the many legends associated with this tree speaks of the Indian maidens who brewed a ‘love tea’ of its tender leaves. If they drank the tea while gazing at a full moon, their lovers would be true forever. If they performed the ritual while the tribe was at war, their warriors would return safely.
Believed to be more than 500 years old, the tree was nominated in 1927 to the American Forestry Association’s Hall of Fame for Texas, in Washington, D. C., where it was pronounced the most perfect specimen of a North American tree.
In 1937, the tree was in danger of being removed by its owner. Through the efforts of interested people, it was purchased by the City of Austin and its site dedicated as a city park. One of the first contributors to a fund to save this tree was a group of Campfire Girls in Port Arthur, Texas.”
Other resources note the site was a meeting place for the Comanche and Tonkawa peoples, although it likely hosted members of several other Texas based American Indian nations as well. Given the location near important travel corridors and water sources along the Colorado River, the grove would have been a natural council and ceremonial site for multiple Indigenous groups in Central Texas.
In addition, the ‘love tea’ referenced in Famous Trees of Texas may have been made from honey mixed with processed acorns from the Live Oaks.
Site Inspection
A site inspection of the tree and the surrounding property was performed by TxHTC Trustees and Voluteers on January 24, 2020. The Comanche Council Oak is a mature Live Oak (Quercus fusiformis) located within a very small urban park that is bound by surrounding commercial development. The park is bordered on three sides by a flagstone wall and is maintained by Austin Parks and Recreation Department. Due to the limited size of the site, the park barely accommodates the full canopy spread of the tree, which now stands adjacent to parking lots and nearby buildings.
The tree itself is enclosed by a single chain link fence with a bilingual warning sign indicating that unauthorized pruning is prohibited. Inside the fence the soil surface is covered with wood-chip mulch, and the root flare (root collar) remains exposed. Several massive, long lateral limbs extend outward touching the ground around the tree.
An electrical outlet rises out of the ground near the base and is physically attached to the trunk, although no lighting fixtures were observed in the tree during the site visit. Oddly, there is a brick embedded within the root flare.
The brick enclosed in the root flare.
At approximately six feet above the ground on the north side there is a large historic wound roughly three feet tall by two feet wide. The wound appears to be very old and has been compartmentalizing for many years. It appears the wounded area or cavity was filled with bricks, an outdated treatment method used in older arboricultural practices. Modern arboriculture, however, discourages these methods because filler materials can trap moisture, restrict natural movement, and interfere with the tree’s natural compartmentalization process.
The old trunk wound that appears to have been filled with bricks. This is an outdated treatment method for tree cavities and no longer practiced.
A much smaller Live Oak (Quercus fusiformis) was planted near the historic Treaty Oak in 1991. This younger Live Oak is an offspring of the Treaty Oak and was planted to help shade the trunk and roots when a large portion of the canopy was lost due to the poisoning of the tree in 1989. There are two Pecans (Carya illinoensis) growing nearby as well.
The measurements taken during the site inspection of the Treaty Oak were as follows:
Diameter at breast height (DBH): 58 inches
Diameter at ground level: 89 inches
Overall height: 57 feet
Crown spread: average of 102 feet
Research
The tree is on Browns Trail North, which splits off from the El Camino Real de los Tejas just south of downtown Austin. The Camino Real trail was a prehistoric trade route connecting Mexico with the Tejas Indians of East Texas. On Browns Trail North near the tree is a historic low-water crossing point for Shoal Creek. Shoal Creek is shallow with a rocky bottom and ultimately drains into the Colorado River. Also, nearby is Barton Springs, which is fed by the Edwards Aquifer and lies south of the Colorado River.
Austin Statesman article, March 16th, 1923, titled “Austin`s Oldest Live Oak, with a Spread of 110 Feet, May Become State`s Newest, Smallest Park.” (Pro Quest historical newspapers):
“This tree, the age of which is estimated at more than 500 years, stands on the property of Mrs. Walter Caldwell, 1000 West Sixth Street. Recently, the lot on which the tree stands was offered for sale, and when the Texas Forestry Association met with the city, notice was given that, with the assistance of various women`s clubs of the state, the forestry association would buy the ground upon which the ancient tree stands, and turn the ground and tree over to Texas state government to be made into a tiny park…”
The Dublin Progress, 36th Year – No 15, September 28, 1923, published an article titled ‘Treaty Tree’ Preservation Austin`s Plan – Ancient Oak, Once Line of Whites and Indians, Is Still Standing In Texas:
“Austin, Texas, Sept. 22 – Seven hundred and fifty years ago, according to the estimate of scientists, a little acorn dropped, the wind covered it with dirt and leaves, rain fell, the acorn germinated and forth sprang a little green shoot, all on a plot of ground in what is now known as West Austin.
…Nearly 100 years ago, when Austin was known as the village of Waterloo and the frontier outpost of Stephen F. Austin`s colonists, this tree was one of a grove where the legendary history has it the ‘Father of Texas’ met with the chief of the Tejas and other Indian tribes, and smoked the pipes of peace.
It was under the spreading boughs of this famous old ‘treaty tree’ that an agreement was entered into that the boundary would be staked out: on one side was to be the Indians and on the other the white man was to move unmolested.
The tree came to be, in the early history of Austin, a place where white traders would meet the Indian hunters and trappers and barter with them for skins, giving beads and trinkets in return, or selling them guns and ammunition. Because of its size the tree was a point of attraction and naturally it marked the spot where the men would meet.
In later years when Austin became the capitol of the building republic, trouble arose between the Indians and whites. The hilly country west of Austin was dangerous to approach as the Indians took refuge in the hills, preferring them to the open country to the north, east and south. Gradually the ‘treaty tree’ became the deadline. This is not legendary as there yet live old residents in this section who recall the ‘treaty tree’ as the deadline between the white men and the Indians.
For 40 years now Mrs. Caldwell has tended this famous tree and regards it as her greatest treasure. For a number of years she has held it on the market with the expressed condition that who bought the tree was to care for it and preserve it. It is related of one prospective purchaser, who did not know of her affection for the tree, remarked to Mrs. Caldwell that if he purchased the property on which the tree stood he would be assured of wood for several winters. Her reply was that he could not buy the lots or the tree for any sum…”
On August 21, 1925, the Clarksville News – Red River County Review published another article titled “Cannot Texas Save Treaty Oak at Austin?”:
“In a recent issue of the Dallas News Vivian Richardson tells the story of the famous Treaty Oak in a very interesting way and it seems that every true Texan would be alive to the fact that the historic tree must be spared.
Six thousand dollars is a lot of money to pay for a tree, but not that one. Aside from its historic connection there should be a sentiment about the traditions which cluster around it and the fact that its spreading branches cover the largest area of any tree in North America should cause Texans to have such pride in it that some means would be provided to preserve it.
…For forty-five years Mrs. Walter H. Caldwell, of West Austin has owned and loved Treaty Oak. During this time she has paid taxes on the two lots it occupies without gaining any return, and because it has meant so much to her, she has hesitated to have the tree cut down.
When Stephen F. Austin, carrying out the wishes of his father, established the little colony on the riverbanks, one of the first things he did was to make peace with the red man. Under the giant oak, more than a century ago, he signed a treaty with the Comanche Indians, which later gave the tree its name.
…There were originally four other trees surrounding Treaty Oak, says Vivian Richardson, ‘but these other four, not having either historical significance or great width of spread, have since been destroyed.”
This is another account claiming that a treaty was signed at this location, yet there is no physical evidence to support this claim. Historical reports indicate there were originally 14 trees in the Council Grove, while this article only mentions four. It must therefore be assumed that the remaining ten trees were removed before 1925.
According to The Junior Historian, Volume 19, Number 1, September 1958, Page 17, the lot and tree were purchased in 1937:
“…Finally in 1937, the city of Austin bought the property for a nominal fee of $1,000 ($2 for every year of the trees age), and the city council provided an $11,000 appropriation for the site. Plans were to convert the land into a city park. A feature story in the Austin American on January 2, 1938, announced, ‘A works program has been adopted for the oak`s better preservation and beautification. The city is clearing underbrush and planting shrubs on the property. Plans are at present to enclose the lot with a fence for protection.”
In the spring of 1989, Austin City Forester Mr. John Giedraitis noticed a ring of dead grass surrounding the tree and later noted new leaves were dying. A soil sample was taken and sent to a laboratory for analysis. The results indicated a high concentration of Velpar, a potent liquid herbicide often used to kill hardwood trees.
The finding made headline news around the country and internationally. Numerous network crews reported on the event which generated significant public outrage. In response, there was an outpouring of get-well cards, donations, and prayers. Regarding remediation efforts, prominent Texas businessman and former presidential candidate, Mr. H. Ross Perot stated, “No matter how long it takes, just send me the bill.”
Arborists, botanists, and foresters from around the country provided advice on how best to save the tree. A protective canopy was installed to reduce excessive sunlight, and an aerial sprinkler or misting system was installed to cool the foliage. The tree was treated with a water-and-sugar solution, and some contaminated soil was removed and replaced. Texas psychics worked to extract negative energy from the tree.
A few months after the incident, the suspect was identified after reportedly confessing to a friend. The act was linked to an alleged occult ritual involving his methadone counselor. He was sentenced to nine years in prison and fined $1,000 but served only three years.
Approximately two-thirds of the tree was lost over time, though the remaining portions survived. In 1997, the tree produced acorns for the first time since the poisoning. These were collected, germinated, and cultivated into offspring that were distributed nationwide.
Arborists in Austin partnered with the Austin Park and Recreation Department to prune the tree on two occasions.
Recognition
In 2020, city officials were informed that the tree was accepted as a Comanche Nation Council Oak Tree. Although it is not standard procedure nor required, the city requested more formal written recognition of the tree. As a result, Mr. Jimmy Arterberry worked with Comanche Nation Tribal Elder Council Secretary, Mrs. Phyllis Narcomey, to develop the text for a resolution. With the help of Ms. Jennifer Rodriguez, Executive Assistant to the Chairman for the Comanche Business Committee, the resolution passed unanimously on November 6, 2021. It was signed by Comanche Business Committee Chairman, Mr. Mark Woommavovah and the Secretary/Treasurer, Mr. John D. Wahnee.
Photographs from Site Inspection January 24, 2020
For More Information
Clarksville News – Red River County Review, Volume 4 – Number 100, “Treaty Oak, Famous Texas Tree May Die”, Published May 12, 1925,
