The Southwestern Historical Quarterly, Volume 52, July 1948 - April, 1949 Page: 40
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Southwestern Historical Quarterly
and Texas, Colonel Bowl again received evasive assurances similar
to those he previously had been accorded. Later, moreover, the
state legislature proposed to remove the Cherokees from their
existing location altogether, and place them on the frontier for
protection against the more hostile Indians. Finally, in the words
of a student thoroughly familiar with this question,
when the act of the Consultation [on November 13, 1835] stopped
forever the issuance of valid land grants by the Mexican authorities,
the Cherokee claim had not yet been located and converted into an
incontestible title, but was still floating.17
At this stage in the discussion it seems appropriate to recapitu-
late a bit in order to clarify the question under review. The
treaty in question had been initiated by the Consultation and
drawn up under the auspices of the Provisional Government,
both of which were revolutionary bodies in a political organiza-
tion which had no power whatever to make a treaty. The fact
then that the Provisional Government, for whatever reason, failed
to "ratify" the treaty seems altogether beside the point. Although
later General Houston claimed that the Convention had sanc-
tioned the agreement, he had weakened that stand somewhat
when, as President of the Republic, he submitted it to the Senate
with a request for approval. Then, as will appear, Houston
neither accepted the verdict of the upper body of Congress on
the Cherokee Treaty nor agreed with the report of the Senate
Committee of Indian Affairs on the validity of the claims of
those Indians to lands in East Texas.
By way of justification for disregarding, insofar as was possible,
the action of the body jointly responsible with the executive for
making treaties Houston later stated that although the treaty had
been before the Senate it was never acted upon, was never
rejected. Even under the circumstances, as the reader may judge,
it is a bit difficult to place such an interpretation upon the appur-
17E. W. Winkler, "The Cherokee Indians in Texas," Quarterly of the Texas
State Historical Association, VII (1903), 95-165. An article by Anna Muckleroy,
"The Indian Policy of the Republic of Texas," was published in the Southwestern
Historical Quarterly, XXV (1922), 229-260, and XXVI (1922, 1923), 1-29, 128-148,
and 184-206. On this question see, particularly, XXV, 240, 247, and XXVI, 139-140,
and 253-254. A. K. Christian, Mirabeau Buonaparte Lamar (Austin, 1922), 87,
loo-lol, deals with this subject also.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 52, July 1948 - April, 1949, periodical, 1949; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101121/m1/46/: accessed June 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.