The Southwestern Historical Quarterly, Volume 26, July 1922 - April, 1923 Page: 56
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Southwestern Historical Quarterly
They were the Government De facto, they exercised the prerog-
atives of government, they suspended the land laws and closed
the Courts of justice, they enacted laws and caused them to be
executed, they levied troops, created civil and military officers,
placed the country in a position of defense, and finally organized
a provisional government.
If there was any one subject more immediately connected with
their duties than another, or more clearly within the range of
their powers, we should infer from the history of that period, it
was that of our relations with the Indian Bands upon the North-
ern frontier. Aware of the importance of cultivating a friendly
understanding with these Indians, the Mexican Government had
in May '35 made provisions for selecting from their vacant lands
in Texas such a district as should seem most appropraite for
On the 13th of Nov. following, the Consultation appreciating
the policy of such an arrangement, made their Declaration and
If this was not within the scope of their powers, was the clos-
ing of the land offices and the suspension of the land system by
them a lawful act. Or if unlawful, are all the titles and surveys
made since the offices were ordered to be closed, legal and valid.
A little reflection will show us that any attempt to restrain the
powers of the Consultation within special limits, and sustain or
validate their acts as they seem to fall within special limits, and
sustain or invalidate their acts as they seem to fall within or
beyond those limits, involves consequences to this country of the
most serious character.
In December '35, the provisional Government established by
the Consultation appointed Commissioners to treat with the In-
dians, in pursuance of the proffer in the Declaration and Pledge,
they commissioned them, gave them written instructions and
despatched them on their missions. Their labors resulted in the
treaty of 23 Feb, 1836.
It will be observed that so far as concerns the claims of the
Indians to the District of Country assigned them, as lying "north
of the San Antonio Road and the Neches and west of Angelina
and Sabine Rivers," their right is concluded and established by
the Declaration and Pledge. To this extent it had become a
vested right and the only office of the Commissioners upon this
part of the treaty was, to ascertain and fix with more precision,
if possible, the bounds and limits of the grant.
I have compared with some attention the provisions of the
treaty with the instructions furnished the Commissioners, and
am unable to descern any discrepancies unfavorable to the Gov-
That it would be more convenient to have all the lands of the
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 26, July 1922 - April, 1923, periodical, 1923; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101084/m1/62/: accessed July 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.