The Southwestern Historical Quarterly, Volume 24, July 1920 - April, 1921 Page: 68
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The Southwestern Historica-l Quarterly
within the limits of Texas not otherwise appropriated in the room
of the Lands claimed by Said Indians and as soon as practicable,
you will report your proceedings to the Governor and Council for
their ratification and approval.04
On February 23, 1836, the commissioners entered into a treaty
with the Cherokees. By this treaty the Indians were to receive
title to the land they claimed, and which under the declaration of
the Consultation was adjudged to be theirs. The rights of those
who settled before the Cherokees were to be respected, but all who
had been once removed and had later returned were to. be con-
sidered intruders. All bands or tribes mentioned in the treaty
were to be required to remove within the boundary fixed. The lands
were not to be sold or alienated to anyone except the government
of Texas, and the Cherokees agreed that no other tribes should be
allowed to settle there. No individual Indian was permitted to sell
land, and no Texan to buy from an Indian. The Indians were to
be governed by their own laws. The government of Texas had
power to regulate trade and intercourse between the Indians and
others, but should levy no tax on the trade of the Indians. Prop-
erty stolen from citizens or from the Indians was to be restored to
the persons from whom stolen, and the offender or offenders were
to be punished by the tribe to which he or they belonged."
A ratification of this treaty would have resulted in the establish-
ment of a separate Indian state with practical independence. It
would have been a nation living within definitely fixed boundaries,
under their own laws, punishing their own citizens for theft of
horses from the whites, exempt from taxation by the Texan gov-
ernment, and under no, more restriction than would be involved in
a control over foreign affairs and the appointment by Texas of an
agent to live among the Indians. The Convention which met in
March, however, refused to ratify the treaty, though Houston and
the Indians considered the government morally bound to do so.
Acting upon the theory that the declaration of the Consultation
was sufficient authority for his action in drawing up the treaty
with the Indians, Houston, while he was attempting to secure a
ratification of the treaty by the Senate of the Republic after he
became President, deliberately gave the Indians to understand that
ratification was not necessary, and that they would get their lands.
"MlS. Indian Affairs, 1831-1841. Texas State Library.
"Secret Journals, 35, 36, 37, 38.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 24, July 1920 - April, 1921, periodical, 1921; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101078/m1/74/: accessed July 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.