The Treaty Oak is said to be the last of a stand of 14 majestic live oak trees known as the Council Oaks, which had been used as meeting grounds by indigenous Indian tribes for centuries before the arrival of white settlers. In Texas myth, Stephen F. Austin, the "Father of Texas", signed a boundary agreement in the 1830s under its branches with local Comanche Indian tribes.
In 1927 the American Forestry Association recognized it for beauty and longevity.
In 1989, this tree, which had stood for 500 years, was poisoned by a troubled drifter and ex-convict named Paul Cullen. He poured Velpar, a powerful herbicide, around the tree. Once the poisoning became apparent, a massive effort to save the tree and find the vandal ensued. Cullen was identified as the poisoner by friends who told the police he had bragged of doing it.
Austinites were so enraged by this environmental crime that the Travis County District Attorney, who brought felony criminal mischief charges against Cullen, had to agree to a change of venue. Community outrage was so strong in Austin, that there was no way Cullen could get a fair trial. Tried and found guilty by a jury in Houston, Cullen was sentenced to 9 years in prison, but was paroled after three years. He died in 2001, and is buried next to his parents in Ohio.
See this article from 1989 that appeared in the LA Times: (visit link)
Treaty Oak struggled, but survived. Nearly 60% of it was cut away in a desperate effort to save that was left. It looked hopeless, and arborists told the community that it was just a matter of time before the tree died. But in 1997, Treaty Oak produced the first crop of acorns since the poisoning. Today (2015) Treaty Oak is a survivor, diminished, but still standing strong.
A plaque near the Treaty Oak 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.
Formerly 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 whites under the canopy of its branches; battles and important conferences have been planned, pacts signed, and feasts and religious ceremony celebrated in its 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."
From the University of Texas: (
visit link)
"The Story of Treaty Oak
Estimated to be over 500 years old, the large oak tree standing on a busy urban street corner is a local symbol of Texas history, and a international symbol of resilience. It is the last of fourteen Live Oak trees once known to Comanche and Tonkowa Indians as the Council Oaks where both peace and war parties were initiated. Religious ceremonies were held where a tea was made from it's acorns in hopes of protecting loved ones far from home. Legend also tells that Stephen Austin himself signed the first treaty between the Anglos and the Indians beneath the shade of this tree in 1824, thus the tree's name, Treaty Oak.
The majestic tree's wide canopy stretched 127 feet in diameter and bore witness to countless naps, picnics, feasts, proposals, marriages, and religious and educational services. Sam Houston is even said to have rested beneath it's limbs after his expulsion from the governor's office at the dawn of the civil war. In 1922, the American Forestry Association named the Treaty Oak as the most perfect specimen of any living tree in the country; it's picture hangs in their hall of fame in Washington, D.C. In 1937, in an effort to protect the land and tree from development, the city of Austin bought the land and turned it into a park.
In 1989, calls began to come in to the city forester that brown spots were appearing beneath the tree and that some of it's leaves were beginning to fall off. First thought to be diseased, lab results soon showed that the tree had been exposed to a poison called Velpar in an amount capable of killing 100 trees! Experts from all over the state lent their hands to save the tree. Newspapers and media outlets worldwide covered the story of "who would poison a tree?" Billionaire Ross Perot helped fund the rescue and DuPont, the company which produces Velpar, staked a $10,000 reward for the capture of the poisoner. Flowers, candles, crystals, and get-well cards were piled at the foot of the tree and psychics measured and shared it's energy.
Miraculously, the tree survived, though it lost much of its original grandeur. Treaty Oak has weathered hurricanes, sweltering heat, droughts, threat of urban expansion, floods, and a staggering dose of poison -- yet it endures. In 1997, the mighty oak produced it's first acorns since the poisoning. The acorns were collected and germinated, and in 1999, all the baby Treaty Oaks found homes in Texas and other states thus ensuring its continuing legacy. Treaty Oak is a venerable survivor and a heroic example of nature's resilience in the face of the most extreme adversity. Today only about a third of the original tree remains, but it continues to spread its wide limbs and dig its roots deep into the Texas soil, perhaps preparing to stand steadfast for another 500 years."