The Southwestern Historical Quarterly, Volume 52, July 1948 - April, 1949 Page: 39
The following text was automatically extracted from the image on this page using optical character recognition software:
The First Treaty of the Republic of Texas
paring for hostilities.1' Although no account of the exact vote
which was cast is preserved in the official records, on December
16, 1837, the Senate adopted a resolution declaring the treaty
"null and void."'6 Strictly speaking, the phraseology embodied
indicated abrogation, rather than the refusal of consent to rati-
fication. Yet, under the circumstances, there is no reason to be-
lieve that the Senate regarded the treaty as ever having been in
force. Besides, it alone did not have the power to nullify such a
law of the land.
Clearly enough, as the respective analyses indicate, the Decla-
ration of the Consultation and the report of the Senate Commit-
tee on Indian Affairs presented two diametrically opposite views
regarding the validity of the Indian claims to the lands they
occupied in the region which has been specified. It would be
superfluous here and now to delve deeply into a question which
has been handled so thoroughly. Suffice it to say that the verdict
of sound historical scholarship upholds the view taken by the
Senate Committee on Indian Affairs. For the purpose -at hand
this should be expanded briefly. Following their migration
around 1820o-1821 the Cherokees did make shadowy claims to
lands along the Angelina, Neches, and Sabine rivers, north of the
San Antonio Road. Ignored therein, a few years later they par-
ticipated in the Fredonian Rebellion. In the process of quelling
this disturbance Mexican authorities gave the Cherokees general
promises of land, but did not specify just where. The Indians
insisted upon those on which they were located. Yet that area had
been parcelled out already to certain empresarios including David
G. Burnet, General Vicente Filisola, and others. During 1831-
1832 the authorities did contemplate placing the redskins in
possession of lands they occupied, but failed to consummate such
a plan. The following year, on appeal to the governor of Coahuila
1SThis was on December 22, 1839, when the former President as a member of
the House of Representatives was engaged in debate on the Cherokee Land Bill
to be noted later in this discussion. See Harriet Smither (ed.), Journals of the
Fourth Congress of the Republic of Texas, z839-z84o, To Which Are Added the
Relief Laws (3 vols., Austin, 1929), II, 211. Houston's remarks are included also
in Williams and Barker, Writings of Sam Houston, II, 335.
16Winkler, Secret Journals of the Senate, loi. On May 30, 1839, David G. Burnet,
acting secretary of state, had occasion to write that the vote in favor of the
resolution was decisive. See Burnet to Richard G. Dunlop, May 30, 1839, in
Smither, Journals of the Fourth Congress of the Republic of Texas, III, 13-16.
Here’s what’s next.
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas State Historical Association. The Southwestern Historical Quarterly, Volume 52, July 1948 - April, 1949, periodical, 1949; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101121/m1/45/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.