The Southwestern Historical Quarterly, Volume 24, July 1920 - April, 1921 Page: 70
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The Southwestern Historical Quarterly
declaration of independence should be respected, but was not able
to find that any such right had been acquired. The premises as-
sumed by the Consultation were false, and acknowledged rights
based on false premises "are of no effect and void, which your
committee conceive to be the case in this instance." The territory
mentioned in the treaty formed part of the grant to David G.
Burnet for the purpose of colonization, the colony was filled, or
nearly so, prior to the declaration of the Consultation, and the com-
mittee was satisfied that the grant of the territory to Burnet for
colonization many years after the settlement of the Indians on
the soil, was sufficient evidence that no obligation was created
which could be considered binding in favor of the Cherokees, or
any other ,Indians. Finally, the committee reported the following
Resolved by the Senate of the Republic of Texas that they dis-
approve and utterly refuse to ratify the Treaty or any artickles
thereof concluded by Sam Houston and Jno. Forbes on the 23rd
day of February, 1836, between the provisional Gov [ernmen]t of
Texas of the one part, and the "Head Chiefs" Head men and war-
riors of the Cherokees on the other part. Inasmuch as that said
treaty was based on premises that did not exist and that the oper-
ation of it would not only be detrimental to the interests of the
Republic but would also be a violation of the vested right of many
Resolved that the President of this Republic be authorized and
advised to appoint commissioners and furnish them with instruc-
tions such as he may deem most expedient to bring about friendly
relations between the Comanches and this Republic; Provided that
no fee simple right of soil be acknowledged by this Gov [ernmen]t in
favor of those Indians."'
On December 16 a resolution was adopted declaring null and
void the treaty with the Cherokees, and no further attempt was
made by Houston to secure ratification."
There was considerable unrest among the Indians in the East in
the summer of 1838 at the time of the Cordova rebellion. There
is an indication from the diary of Miracle referred to above that
.Bowl had foreknowledge of the plans of the Mexicans. He man-
aged to hide his knowledge, however, and received assurances from
Houston that the treaty was being observed by the Texans, and
"6Secret Journals, 75-79.
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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/m1/76/: accessed July 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.