THE QUARTERLY  OF THE  TEXAS STATE HISTORICAL ASSOCIATION.

Vol. VII. OCTOBER, 1903. No. 2.

The publication committee and the editor disclaim responsibility for views expressed by contributors to the Quarterly.

THE CHEROKEE INDIANS IN TEXAS. ¹

ERNEST WILLIAM WINKLER.

I. THE CHEROKEE LAND QUESTION.

1. ORIGIN OF THE CHEROKEE CLAIMS.

Rather than be compelled to make peace and acknowledge the sovereignty of the United States, and be brought in contact with the civilization of the Anglo-Americans, a number of Cherokee Indians, belonging principally to what was known as the hunter class, at the close of the American Revolution abandoned their ancient villages “in the wild and picturesque region where the present States of Tennessee, Alabama, Georgia, and the Carolinas join one another,” and removed to the territory of their friend and ally ² Spain, settling on White River in Louisiana. As the American settler encroached upon their lands in the East, families and small parties of dissatisfied Cherokees would join their brethren in the West. After the United States purchased Louisiana, a larger party of these Indians thought it best to obtain the consent of the president previous to their removal; ³ this and similar requests suggested the policy of the United States of removing all the Indians west. ⁴ By the end of 1819 about six thousand Cherokees lived west of the Mississippi. ⁵ This large immigration of Cherokees led to trouble, on the one hand, with the aborigines whose hunting grounds they appropriated, and, on the other, with the whites who were opposed to seeing their fertile lands closed to the settler by the presence of the Indians. The government was obliged to interfere in the interest of peace and good order. Again a party of Cherokees packed up their trappings and departed; and again they sought refuge under the hospitable roof of the Spaniard. They crossed the Sabine into the province of Texas, and Spain, which had hitherto sought to expel every Anglo-American immigrant who dared to tread her soil, appears to have raised no objection.

The precise date of the entrance of the Cherokees into Texas has not been ascertained. While yet residing in Arkansas their hunting and trapping expeditions doubtless led them to traverse the plains west and south of the Sabine and Red Rivers. This region was claimed by the Caddoes, but they had already been robbed of a large portion of the western part by the prairie Indians. The Cherokees were friends to the Caddoes. The latter had permitted them to settle upon their lands on the Red River. ⁶ In the winter of 1819-20 the first party of Cherokees, numbering sixty warriors, removed to Texas ⁷ and settled near what was then perhaps the boundary line between the Caddoes and prairie Indians.

For over a century Spain had made attempts at colonizing Texas; and down to 1806 she had made at least some progress. At that time the white population of the province numbered about seven thousands souls. Over one hundred thousand head of cattle and between forty and fifty thousand tame horses grazed on the broad prairies. ⁸ Fifteen hundred soldiers garrisoned the various frontier posts. San Antonio and Nacogdoches had stripped off the garb of such posts and imitated the fashions of the capital. But the outbreak of the struggle for independence in 1810 marks the beginning of a series of disasters for Texas which threatened total depopulation. The revolution soon drew the Comanches and Lipans into the struggle. The troubles in the interior left the farmers and ranchmen on the frontier at the mercy of these Indians, who robbed them, killed them, or made them prisoners. ⁹ The large number of horses and mules that fell into the hands of the savages they exchanged for guns, ammunition, and whatever else pleased their fancy. The traffic in horses and mules became so extensive that well beaten trails led from the interior of the border provinces to the frontier of the United States, and it proved so lucrative to those engaged in it that the Indians were encouraged to prosecute their robbing and plundering expeditions against Texas, Coahuila, and Nuevo Santander with ever increasing ferocity. ¹⁰ Texas in particular suffered almost complete desolation; by 1820 nothing remained but a few scattered settlements in the west.

Although determined to escape the dominion of the Anglo-Saxon, the Cherokees that entered Texas were not savages. They did not wholly depend upon the chase to supply their necessities, but practiced a primitive agriculture in addition and, therefore, occupied a fairly well-marked locality. “They work for their living and dress in cotton cloth of their own manufacture. They raise cattle and horses, and use fire arms. Many of them understand the English language.” ¹¹ The earliest statement of the extent of their territory represents them as claiming the region lying between the Trinity and Sabine Rivers north of the San Antonio road. ¹² This section includes the greater portion of what in the early history of Texas figured so prominently as the “red lands.” They had a deep red soil, very rich, well timbered, well watered, and adapted to all purposes of agriculture, and they abounded in game, fish, and wild fruits. Iron ore and salt springs were found in places. ¹³ These advantages together with its delightful climate made this region almost an exact copy of that which the Cherokees had abandoned in the East. It seems that they at once decided to make this the permanent home of their tribe. Profiting by their experience in the land business in the United States, they took the precaution at the very beginning of securing some sort of legal title to the lands they occupied. What the nature of this grant was it is impossible to tell, since no record of it was made. The only information touching it is contained in a letter written by their chief, Richard Fields, to James Dill, the judge of Nacogdoches.

Richard Fields, who figures as the principal chief of the Cherokees in Texas up to the time of his assassination in 1827, was a half-breed, and a man of considerable intelligence. He accompanied a delegation of his tribe to the city of Mexico in 1822-23, joined the York lodge of free masons while there, and at the time of his death was a master mason. ¹⁴ He labored earnestly and faithfully for the best interests of his people as he understood them. He appears to have been able to speak English, ¹⁵ but could not write his name. ¹⁶ He could not speak Spanish and it is quite certain that he could not understand it; for in one of his letters to the alcalde of Nacogdoches he says:

“I wish Satisfactory orders. I had no doubt But the lines I Received from your hand would Be satisfactory If I could understand it[.] I am Determined to wait for them till I hear from you[.] I would Be very glad if you would Send me a Copy of your order that I may know how to act without Danger.

“N. B. I wish you to send it to me in English.” ¹⁷

The letter touching their grants, sent by Fields to Dill, reads thus (verbatim et literatim):

“feburey the fust Day 1822

“Apacation mad to the subsprem Governer of the Provunce of Spain

“Diear Sir I wish to fall at your feet and omblay ask you what must be Dun with us pur Indians[.] we have som Grants that was give to us when we live under the Spanish goverment and we wish you to send us nuws by the Next mal whather tha wil be Reberbd [reversed(?)] or Not[.] and if wer commited we wil com as soon as posble to persent ourselves befor you in a manner agreeable to our talants if we do pesant ourselves in a Rou maner[.] we pray you to Rite us[.] our intenson ar good to wards the government[.] you sas [sic] a chaf of the Charkee Nation.

“Richard felds” ¹⁸

This remarkable letter was called forth by the changed conditions resulting from the revolution which had recently freed Mexico from Spain. But why should there be any apprehension on the part of the Indians about their grants not being respected? All holdings in full property of land in Texas were valid and recognized by the new government. However, the grants spoken of by Fields seem not to have conveyed titles in fee simple, but were mere permits from some of the Spanish officials allowing the Cherokees to occupy that section of the province. But what better claims did the Indian possess anywhere else, and what more did a people need who lived by hunting? Grants of this sort, of course, must be confirmed by the new government. What reply, if any, Fields received to his letter the writer has not been able to discover. From the events that follow it is safe to conclude that nothing of importance was done till the fall of the year.

Under date of November 8, 1822, the governor of the province of Texas, Don José Felix Trespalacios, wrote as follows to the commandant general of the Eastern Internal Provinces, Don Gaspar Lopez:

“Captain Richard [Fields] of the Cherokee nation, with twenty-two more Indians that accompanied him, visited me to ask permission for all belonging to his tribe to settle upon the lands of this province. After I had informed myself through several foreigners, who are acquainted with this nation, that it is the most industrious and useful of the tribes in the United States, I entered with said Captain into the agreement the original of which I send you. This arrangement provides that Captain Richard and six others of his nation with two interpreters, escorted by Lt. Don Ignacio Ronquillo and fifteen men of the Viscayan troop, shall proceed to your headquarters and, if it meet your approval, thence to the court of the Empire.

“The Cherokee nation, according to their statement, numbers 15,000 souls; but there are within the borders of Texas only one hundred warriors and two hundred women and children. They work for their living and dress in cotton cloth which they themselves manufacture. They raise cattle and horses, and use firearms. Many of them understand the English language. In my opinion they ought to be useful to the province, for they immediately became subject to its laws and I believe will succeed in putting a stop to carrying stolen animals to the United States and in arresting those evil-doers that infest the roads.” ¹⁹

The agreement referred to by Governor Trespalacios in the foregoing letter reads thus:

“Articles of agreement made and entered into between Captain Richard, of the Cherokee nation, and the Governor of the Province of Texas.

• “That the said chief Richard with five ²⁰ others of his tribe, accompanied by Mr. Antonio Mexia and Antonio Wallk, ²¹ who act as Interpreters, may proceed to Mexico, to treat with his Imperial Majesty, relative to the settlement which said chief wishes to make for those of his tribe who are already in the territory of Texas, and also for those who are still in the United States.

• “That the other Indians in the city, and who do not accompany the beforementioned, will return to their village in the vicinity of Nacogdoches, and communicate to those who are at said village, the terms of this agreement.

• “That a party of the warriors of said village must be constantly kept on the road leading from this province to the United States, to prevent stolen animals from being carried thither, and to apprehend and punish those evil disposed foreigners, who form assemblages, and abound on the banks of the river Sabine within the Territory of Texas.

• “That the Indians who return to their Town, will appoint as their chief the Indian Captain called Kunetand, alias Tong Turqui, to whom a copy of this agreement will be given, for the satisfaction of those of his tribe, and in order that they may fulfill its stipulations. ²²

• “That meanwhile, and until the approval of the Supreme Government is obtained, they may cultivate their lands and sow their crops, in free and peaceful possession.

• “That the said Cherokee Indians, will become immediately subject to the laws of the Empire, as well as all others who may tread her soil, and they will also take up arms in defense of the nation if called upon so to do.

• “That they shall be considered Hispano-Americans, and entitled to all the rights and privileges granted to such; and to the same protection should it become necessary.

• “That they can immediately commence trade with the other inhabitants of the Province, and with the exception of arms and munitions of war, with the tribes of Savages who may not be friendly to us.

“Which Agreement comprising the eight preceding articles, has been executed in the presence of twenty-two Cherokee Indians, of the Baron de Bastrop, who has been pleased to act as Interpretor, of two members of the Ayuntamiento, and two officers of this Garrison. Bexar, 8th November, 1822. [Signed.] José Felix Trespalacios, José Flores, Nabor Villarreal, Richard his × mark Fields, El Baron de Bastrop, Manuel Iturri Castillo, Franco de Castañeda.” ²³

Two subjects stand out prominently in this agreement, and in the governor's letter transmitting it to the commandant general of the Eastern Internal Provinces—land, and Indian depredations; the former brought the Cherokees to Bexar, the latter promised to insure them success. In a paragraph above, the cause and effect of the Comanche War (for thus were the robbing and plundering inroads of these Indians denominated) was touched upon. This war was still in progress in 1822; and one of the principal routes by which the stolen horses and mules reached the United States passed near Nacogdoches, terminating at Natchitoches. There seemed but one way to put an end to these Indian incursions and that was to stop the trade in stolen animals. Exactly how this was to be accomplished with the means at their disposal the Mexican officials did not know. About this time much good was expected to result from simply blockading the trade routes by stationing garrisons, or by making settlements at suitable points. ²⁴ A few years later nothing short of extermination of the Indians ²⁵ promised any relief. Governor Trespalacios had neither garrisons nor settlers at his disposal, while his province was the worst harried of all by the Comanches; so it appears to have struck him, when Fields and his followers arrived, that he might convert the Cherokees into Spanish-Americans and utilize them in putting an end to the illicit trade carried on by way of the Nacogdoches route. The agreement provides for this, the governor dwelt upon it in his letter to Gaspar Lopez, and Señor Mier pointed to it when the business of the Cherokees came up in the Constituent Congress, April 17, 1823. ²⁶ In what spirit the Indians accepted this duty we are left to conjecture, although subsequent events partially discover their attitude.

The pass ²⁷ issued by the governor to Lieutenant Ronquillo, who was to escort the delegation of Cherokees at least as far as Saltillo, where the commandant general of the Eastern Internal Provinces resided, bears date of November 10, 1822, and it is likely that the Indians set out on their journey from Bexar not long afterward.

Of the six companions of Fields we are furnished the names of two—Bowles and Nicolet. ²⁸ December 14, General Lopez reported to Governor Trespalacios the arrival of Fields and his party at Saltillo. He approved the steps taken by the governor, and, after having entertained the Indians “como corresponde al caracter generoso de los Mejicanos y franqueandoles 100 pesos para los gastos de su viaje,” sent them on their way to the court of the Empire, where they arrived early in 1823.

Affairs at the capital at this juncture were the most unfavorable possible for the accomplishment of the business the Cherokees had in hand. Iturbide had seen all his efforts to establish himself as emperor prove futile. He was obliged to reassemble the Constituent Congress which he had dissolved in October of the previous year. March 19, he laid down the crown and shortly afterward left the country. It is improbable that the Indians made much headway in their business during their stay at the capital previous to this date; and, what is to be particularly noted, it would not have availed them much if they had; for the newly assembled congress declared that “all the acts of the late government from the 19th of May to the 29th of March last [1823] are illegal and remain subject to revision by the present government for confirmation or rejection.” ²⁹

The Constituent Congress provisionally vested the executive power in a committee of three, composed of Generals Victoria, Bravo, and Negrete and known as the supreme executive power, which was installed March 30, 1823. Generals Victoria and Bravo served in this capacity during the whole time of the provisional government, and under the constitutive act were chosen the first president and vice-president of the Republic. Lucas Alamán was minister of relations (foreign and home) both under the provisional government and under the Republic until September, 1825.

Fields and his companions appear to have comprehended the effect of this revolution in Mexican affairs; they did not, therefore, leave the capital for Texas, but remained and turned to the new government for lands. No general colonization law having yet been enacted, their petition was laid directly before congress. April 10, 1823, Richard Fields petitioned congress to continue the allowance which had been promised him for his support while at the capital but which had ceased to be paid since ex-Minister Herrera ³⁰ had left the city. His request was granted. ³¹ April 17, Padre Don Servando Mier, deputy from the province of Monterey, ³² “called attention to the expediency and even the necessity there was for attending to the Cherokees, in order that they might aid our settlements in the province of Texas against the savages who invade it and who have caused dreadful ruin in it.” “Sr. Mendiola also stated that those tribes were worthy of attention, since it was within their power to choose to belong to the United States but they preferred rather to belong to the Mexican nation: that Don Juan Francisco Azcárate was well posted on this subject, since the preceding government had charged him with this and like matters, and that it was possible, therefore, to ask him to report in order that congress might proceed with full knowledge.” ³³ The congress adopted Sr. Mendiola's suggestions; but, when Sr. Azcárate reported on April 29, he simply recommended the action which the executive had taken in the meantime. ³⁴

The action taken by the executive relative to the Cherokees, referred to by Sr. Azcárate, took the form of the following resolution, which was addressed to Don Felipe de la Garza, successor to Gaspar Lopez as commandant general of the Eastern Internal Provinces:

“The Supreme Executive Power, has been pleased to resolve that Richard Fields chief of the Cherokee Tribe of Indians, and his companions now in this Capital, may return to their country, and that they be supplied with whatever may be necessary for that purpose. Therefore, Their Supreme Highnesses have directed me to inform you, that although the agreement made on the 8th November 1822 between Richard Fields and Colonel Felix Trespalacios Governor of Texas, remains provisionally in force, you are nevertheless, required to be very careful and vigilant, in regard to their settlements, endeavoring to bring them towards the interior, and at places least dangerous, not permitting for the present the entrance of any new families of the Cherokee tribe, until the publication of the General Colonization law, which will establish the rules and regulations to be observed, although the benefits to arise from it, can not be extended to them, in relation to all of which, Their Highnesses intend to consult the Sovereign Congress. That while this is effecting, the families already settled, should be well treated, and the other chiefs also, treated with suitable consideration, provided that those already within our territory respect our laws, and are submissive to our Authorities; and finally, Their Highnesses order, that in future neither these Indians, nor any others be permitted to come to the City of Mexico, but only send their petitions in ample form, for journeys similar to the present, are of no benefit, and only create unnecessary expense to the State. All of which I communicate to you for your information and fulfillment.” ³⁵

Upon the receipt of this resolution Fields and his companions returned to Texas. It will not be amiss to review briefly the results of their visit to the capital; for it is right here that differences of opinion have crept in and have caused writers to misinterpret facts which otherwise should have been quite plain. For instance, Mr. Yoakum, speaking of this visit says, “The business of the Cherokees was soon adjusted. They had already entered into an agreement with Don Felix Trespalacios, by which they were permitted to enjoy the lands on which they had settled in common. ³⁶ The agreement was confirmed by Iturbide on the 27th of April, 1823, with the understanding that the Indians were to retire farther into the interior, and that no additional families of them should immigrate till the publication of the general colonization law.” ³⁷ In his footnotes Mr. Yoakum cites the documents quoted above as authority for his statements. It is hard to tell from what part of the agreement he got the idea, which he states so emphatically, that the Indians were to enjoy the land in common. Article 5 is the one which is most explicit on this point, but it furnishes no more argument in favor of the idea that they were to enjoy it in common than for the idea that they were to enjoy it in severalty. As a matter of fact, it was not within the scope of the agreement to determine the form in which they should enjoy or hold their lands. That Iturbide did not confirm the agreement on April 27, 1823, is clear, since he had ceased to be emperor more than a month before; however, Bancroft supports Yoakum in this error. ³⁸ Nor can the action of the supreme executive power be interpreted as defining the manner in which the Indians were to hold their lands; on the contrary, this is the very matter they expressly state shall be determined by the general colonization law.

The results of Fields's trip to the city of Mexico as far as land was concerned amounted to this: The agreement with Trespalacios provided that “until the approval of the Supreme Government is obtained, they may cultivate their lands, and sow their crops, in free and peaceful possession.” Location of the lands and title to the same were passed over because these were matters upon which Trespalacios could not act. The supreme executive power gave some directions touching the location of the lands, should they be granted, but postponed a decision on the manner in which they should be held by approving the agreement with Trespalacios provisionally; that is, until the general colonization law should be passed “which would establish the rules and regulations to be observed” in the assignment and distribution of land.

The other subject of the agreement and the one that Governor Trespalacios had been so deeply interested in—the part the Cherokees were to play in putting an end to the illicit trade in horses and, mules—was passed over by the supreme executive power. In fact, that part of their resolution directing the removal of the Cherokees to some point in the interior and forbidding the entrance of additional families practically annulled it.

2. THEIR CLAIMS DEFINED.

It would seem that Fields was quite satisfied with the results of his visit to the city of Mexico. For nearly a year not a word was heard from him. During this time he did as he pleased; and the commandant general of the Eastern Internal Provinces made no attempt to trouble him with the instructions he had received from the government in the resolution of April 27, 1823. In the meantime, too, Trespalacios had ceased to be governor of Texas, and his successor most probably did not know that he had, or was supposed to have, Cherokees among his subjects. Again, therefore, it is the Indians that are the first to speak out. March 6, 1824, Fields, who now styled himself captain general of the Indian tribes in the province of Texas, wrote to “the governor or commandant of San Antonio”:

“It was my intention on my return from Mexico to present myself at San Antonio in order that the authorities there might examine the papers which I received from the superior government of the nation. But it was impossible to do this, because a party of Comanches had prepared an ambush on the road. However, I had the good fortune to escape them.

“The superior government has granted to me in this province a territory sufficient for me and that part of the tribe of Indians dependent on me to settle on, and also a commission to command all the Indian tribes and nations that are in the four eastern provinces.

“I pray your honor to notify all the Indians within your territory, and particularly the Lipans, that on the 4th of July next I shall in compliance with the order of the supreme government hold a general council of all the Indian tribes at my house in the ranchería of the Cherokees twelve miles west of the Sabine river. At this council I shall propose a treaty of peace to all the Indians who are willing to subject themselves to the orders of the government. In case there should be any who may not wish to ratify what I propose, I shall use force of arms to subdue them.

“I beg you to notify the commandant of San Antonio that he shall, for the satisfaction of his people, send some trusted person to aid in the treaty of peace and see how the affair is managed.

“Should it be convenient, have this letter translated into Spanish and have the authorities to send it to Rio Grande and Monclova in which two places I left copies of the documents from the superior government.” ³⁹

The date for the general council mentioned above was changed at first to August 1, ⁴⁰ and later to August 20. In the letter informing the alcalde of Nacogdoches of this second change, Fields says, “whareas you and myself are both subjects of the same goverment, I think it proper to notefy you to attend said treety for your own sattisfaction that you may see what is done &c.” ⁴¹

However, neither the political chief, who was now the principal civil officer in Texas, nor the commandant at San Antonio appears to have made any reply to Fields's communications. Wholly ignorant of his plans or the instructions under which he proposed to operate, they turned to the authorities of the general government for information and instructions. August 20, the political chief wrote a letter to Alamán, minister of relations, and enclosed Field's letters of March 6 and May 20. In his letter the political chief had this to say about the council Fields proposed to hold and of the presence of the Cherokees in Texas generally:

“Notwithstanding that the object of the meeting of the chiefs of the Indian tribes, which he [Fields] is planning, may be directed to some legitimate end, we must confess that besides being unbecoming to the government of the Republic that it would add little honor to the splendor of its arms; it might moreover degenerate into an agency for evil which can not now be estimated, or ultimately develop into the treacherous design of that conspiracy ⁴² which may already be a result of the seduction that is to be feared if they are permitted to immigrate; or, taking advantage of the decadent and wretched condition of this frontier, they may have persuaded themselves that their power is absolute and intend, therefore, to carry out that treacherous design even though they know nothing of the plot that has been hatched by those of their kind in the interior of the States of this federation.

“For this reason, and in order to protect ourselves against the malignity and perfidy that are engendered in the hostile bosoms of men accustomed to live by robbery and murder, ⁴³ it appears to me that it would be well for the superior government to strengthen its measures for the protection of this frontier with such military force as it may deem competent to quench this and other evils of a similar nature, which till date have disturbed the peace and tranquillity of the States of the Mexican Republic, or else plunge us into an abyss of misfortunes which it will be difficult to remedy afterward.” ⁴⁴

The positive statement Fields made of the rights and powers said to have been granted him by the general government; the active steps he was even then taking to put them into execution; the gloomy picture the political chief painted of the direful results to the Republic that would assuredly follow if Fields were permitted to have his way,—all this, brought directly and unexpectedly to the notice of the same officials from whom Fields had a year before obtained what rights he possessed, was admirably suited to elicit a reply which would be definite and clear-cut in its statement of the rights Fields did or did not have. Within a remarkably short time—September 18th—Alamán made his reply, which reads as follows:

“I have laid before the Supreme Executive Power, the important contents of the official communication of your Honor, dated 20th August last, relative to your apprehensions of incursions of savages, should the Indian Richard Fields the Chief of the Cherokees Tribe, be permitted to penetrate into the interior of those territories; and of the energetic measures, your Honor is making to ascertain the opinions and sentiments of those tribes in particular, with a view to give the earliest information to the Supreme Government.

“Their Highnesses having given the matter the consideration it merits, and having examined all the documents on the subject, which are in this Department under my charge, direct me to say to your Honor, that it does not appear by the documents, that any commission or grant was made to Fields, for in the official note of 27th April of last year, communicated through this Department to the Commander in Chief of the Eastern Internal Provinces, a copy of which I herewith present to your Honor, ⁴⁵ nothing is said of a new commission, and only that the agreement made by Colonel Trespalacios, was approved provisionally, charging him at the same time, not to permit the Indians to advance to such places as might be considered dangerous, your Honor will strictly conform to the provisions of that order.

“I am also directed to notify your Honor, to prevent (Should there yet be time) the assemblage which Fields is endeavoring to make, and not permit him to exercise any authority; to effect which, the Secretary of War will aid you with such Military force as may be necessary. In the meantime, Their Highnesses hope that your Honor will act with all the prudence the nature of the case and circumstances require, and institute such investigations, as may be deemed expedient, of which you will give due notice.” ⁴⁶

Here, then, we have the claim of both parties stated, not only by the highest authorities on each side, but also by the very persons who have had charge of this matter from the beginning till date. Fields claimed, in the first place, that he had been commissioned to command all the Indian tribes in Texas. He held a council, a report of which in his own words states that, “agreeable to my Directions from government I Cald a treety with all tribes of indians in this province—the intention of which was to bring them in union one tribe with another—and all to be under trew subordination to our new republican government—all of whome have attended and gladly excepted of the terms offered them, except the Comanchos and Tongkaways—from those two Nations I have received no answer.” ⁴⁷ Upon those who would not ratify his treaty he proposed to wage war. ⁴⁸ In the second place, Fields claimed that land enough for his own and for his tribe's needs had been granted him. Some idea of the extent of his claim may be had from Antonio Bulfe's ⁴⁹ statement; namely, all the territory north of the San Antonio Road between the Trinity and Sabine Rivers. ⁵⁰ It was further stated that he considered himself master of this section, that he sold lands to whom he pleased, and that he threatened to compel those who owned lands within those limits to satisfy his demands or else to get out. ⁵¹ Fields himself, while he expressed his willingness to defend the province and acknowedged his submission to the laws and decrees issued by the Mexican nation, insisted upon the Cherokees' independence of the local authorities. ⁵²

Lucas Alamán, minister of relations, by direction of the supreme executive power of Mexico, says, “it does not appear by the documents, that any commission or grant was made to Fields.” And, moreover, he instructs the political chief “to prevent the assemblage which Fields is endeavoring to make, and not permit him to exercise any authority, to effect which the secretary of war will aid you with such military force as may be necessary.” ⁵³

3. IF NOT BY RIGHT, THEN BY MIGHT.

The clash in the claims made by Fields and by the Mexican government was a fruitful source of trouble, and threatened to involve Texas in an Indian War. Both sides rested their claims on documentary evidence. ⁵⁴ What kind of documents did Fields possess, and to what extent did they support his pretensions? Some have supposed that he had papers from Iturbide. The short time that Fields was in the city of Mexico during Iturbide's reign, the confusion in political affairs that marked that period, and the fact that Fields remained in the city after Iturbide's overthrow and laid his petition before congress argue strongly against such a supposition. Nor is it necessary. It is very probable that Fields had a copy of the agreement he entered into with Trespalacios, which was provisionally approved by the supreme executive power; and it is possible that he had a copy of the resolution containing the ratification, or a paper to that effect. Besides these, and perhaps a pass, it is impossible to suggest any documents that might properly have been in his possession. These, according to Alamán's construction, do not support his pretensions. Still, as near as can be ascertained, the agreement with Trespalacios, and whatever else may have been said and done at the time it was made, appear to be the source of Fields's claims. Article 5 of that agreement, together with verbal promises that his application would be treated favorably, ⁵⁵ form the basis of his claims to land; ⁵⁶ and articles 3, 6, and 7 constitute the basis for at least a part of his pretensions to exercise control over the Indians. Fields could not read those documents, nor could he understand Spanish interpretations of them. He was dependent on interpreters. The points conceded would naturally stick in his memory better than the restrictions. He soon treated as fact what was merely a wish, and announced his efforts successful when they had only made a good beginning.

The very fact that Fields's claims rested upon such slender authority and could, therefore, at least in theory, be swept away by a stroke of the pen by Alamán, engages one's sympathy for the Indians, who apparently did the best they knew how. Some writers have inferred that “the Mexican Government had, in truth, never designed to make the proposed grant; but, in order to get rid of further importunities from Fields, and to conciliate the Cherokee Chief, had been willing to amuse him with vague and deceitful promises,” ⁵⁷ with which it might dispense “whenever it might be deemed convenient to do so.” ⁵⁸ This, however, is an extreme view; for, if this was intended, the government defeated its own ends when it transferred the right to grant lands to the different States. It is an error to attribute perfidious intent to the government at this time. When it put off the Cherokees, it did so for the same reason that it put off Green De Witt, Leftwich and Edwards—all of whom obtained lands without any trouble from the State of Coahuila and Texas. ⁵⁹ But well meant as the postponement of Fields's business may have been, the delay worked such great damage to the interest of the Cherokees that nothing short of a clear title to the lands they occupied could have remedied matters.

The changes that in the meantime had been going on in eastern Texas as well as at the State capital were bringing the question of the Cherokee land claims to a crisis independent of the action of the general government. The old settlers of the Nacogdoches vicinity, who had been swept out of the province by the troubles of 1819, were gradually returning. ⁶⁰ A considerable body of Anglo-Americans was settling between the Sabine and the Attoyac rivers and around Nacogdoches, without let or hindrance from the authorities. ⁶¹ A number of the settlers that had been attracted by the offers of Austin's advertisements for colonists, during the latter's absence of eighteen months in the city of Mexico, stopped short of their destination and located in eastern Texas. ⁶² And the passage of the colonization laws added momentum to the movement already begun.

The general colonization law was passed August 18, 1824. It granted to the States the right to make regulations for the distribution of the public lands within their boundaries. The States were directed “as speedily as possible [to] frame laws or regulations for the colonization of those lands which appertain to them.” ⁶³ Nothing more liberal could have been desired by the States, and that of Coahuila and Texas showed its appreciation by promulgating a colonization law (March 24, 1825) two years before a State constitution was adopted. Even before the law was promulgated, petitions for permits to introduce colonists were sent to congress; and after the passage of the law, all were granted. The congress of Coahuila and Texas appears to have been so “desirous of augmenting by all possible means the population of its territory, of encouraging the cultivation of its fertile lands, the raising of stock, and the progress of arts and commerce,” ⁶⁴ that, before a month elapsed after the passage of the colonization law, five contracts had been approved, authorizing the introduction of a total of three thousand families. “Thus the year of 1825 was the year of emigration for Texas. It was an impulse of the Ango-Saxon race crowding westward.” ⁶⁵

The Cherokees, coming into eastern Texas in 1819-20, found few whites, and still fewer Americans. To make sure of their possessions, even at that time they had taken steps to obtain a title to their lands. Matters, however, had dragged on for reasons beyond the interest and comprehension of the Cherokees until 1825, and yet they were not secure in the possession of their lands. Once more they saw the dreaded Anglo-American gaining a foothold at their very doors and with each passing month growing more numerous and more powerful. On the same day—April 15, 1825—the State of Coahuila and Texas granted three contracts that together provided for the settlement of two thousand families; Leftwich was to settle 800 west of the Cherokee claim, Frost Thorn 400 north of their villages, and Edwards, whose acquaintance Fields had formed while they were both on the same business in the City of Mexico, ⁶⁶ was authorized to settle 800 within a district including the land claimed and occupied by these Indians. The Cherokees knew from experience what the result of a contest with the American pioneer for land would be. It is true the State colonization law provided for granting lands to such Indians as the Cherokees, ⁶⁷ but before they were aware that any such law had been passed the above contracts had been made. Abstract justice, perhaps, demands that they ought to have had first choice of the lands they occupied; but the acquisition of land grants assumed the nature of a business transaction, and in such it was inevitable that the Anglo-Saxon should win. The experience Fields had had with the general government, the coming in of the Anglo-Americans, and the disregard of his claims, most probably, through ignorance of their existence by the State government, angered him, and he began planning to defend his rights if not to avenge his injuries.

The first news of the discontent of the Cherokees was brought to San Antonio by some residents of that place on their return from Nacogdoches, August 31, 1825. ⁶⁸ A week later Colonel Austin heard of Fields's plans and immediately reported his information to the political chief. ⁶⁹ “Fields is secretly making great efforts to unite all the Indian tribes of Texas in a confederation to destroy the new settlements, giving for his reasons [1] that if said settlements grow considerably the government can use their militia either to compel the Indians to obey the laws or to destroy them, and [2] that the occupation of the country by the settlers will result in the destruction of the game and the Indians will starve to death.” Although he can not vouch for the truth of this report, Austin asserts that Fields's conduct of late has been very suspicious. Yet he says, “I do not believe that Fields wants war, but he is discontented; he says that the government had promised him lands for his people, and now he has learned that the land where he lives has been turned over to Edwards for colonization.” ⁷⁰ Austin thinks that Fields could easily be appeased by giving him lands.

The news of Fields's disaffection created considerable alarm among the officials at San Antonio. Rumors of a great combination of Comanches, Tehuacanas, Tahuayases, and Wacos for the purpose of attacking San Antonio and the new settlements had been afloat for some time. ⁷¹ It was not so much the increase of numbers ⁷² that the Cherokees and their allies would give this combina tion, as the superior courage and leadership ⁷³ that the enemy would thus acquire, that was feared most. The political chief forwarded Austin's letter to the governor, with a note in which he said it was absolutely necessary that a considerable detachment of troops be stationed permanently at Nacogdoches to keep in check those Indians and “particularly the Cherokees; for the various accounts of the conduct of their chief Richard Fields that I have received since 1824 have not won my confidence.” ⁷⁴ The governor forwarded this information to the president of the Republic, ordered the political chief to have the militia of the department in constant readiness, ⁷⁵ but said not a word about granting lands to Fields. In his letter to the secretary of war, he said: “Force is the only means to bring the Indians to terms when they take up arms against us, but in view of the primitive state of their civilization and the conduct observed hitherto by the greater part of the indigenous tribes of eastern Texas, it would be well before sending any troops against the Cherokees to commission a person possessing the entire confidence of the commander of Texas, with secret instructions touching this matter, to visit said Richard Fields to try to ascertain the existence of the plot alluded to.” ⁷⁶ Miguel Arciniega was appointed as this emisario secreto. ⁷⁷ He left San Antonio February 2, and reached the Cherokee village March 19, 1826! ⁷⁸ This is the sum total of the Mexican measures for defending the settlements and appeasing Fields. Verily, Austin spoke the truth when, in an address to his colonists while these Indian attacks were threatening, he said: “No aid whatever may be expected from the Government. If we get into a war, we must get through it the best way we can, without expecting aid from any quarter.” ⁷⁹

The credit for detaching Fields from his alliance, which at best was very loose, with the Comanches, Tehuacanas, and Wacos, for turning him from his plans of resistance and for inducing him to renew his efforts to obtain lands peacefully, belongs to a few individuals who had the interests of either the Cherokees or Texas or both at heart. It is probable that Austin used his influence with Fields, although there is no record of it. John G. Purnell wrote to Fields from Saltillo, exhorting him as follows: “When last I saw you in my house in Monterey, I little thought in so short a time you would have commenced a war against your American brothers and the Mexican Nation; more particularly a man like yourself who is acquainted with the advantages of civilization. . . . If your claims for lands were not granted at a time when the government was not firmly established that should not be a cause of war. Ask and it will be given to you; this nation has always felt friendly inclined toward yours, and I am sure if you cease hostilities they will enter into a treaty with you by which you will obtain more permanent advantages than you can by being at war.” ⁸⁰ . . . F. Durcy, also of Saltillo, wrote to Francis Grapp, a well-known Indian trader at Natchitoches:

“Knowing the weight of your influence with all the savage nations and also the ascendancy that you have over the character of Mr. Feels, your son-in-law, I think that no one could stop better than yourself the great disturbance which is about to be raised by the Indians, whom you understand better than I. I say that you can distinguish yourself for the welfare of humanity in general in making the savages understand the evils which await them in following the plans of Mr. Feels, and likewise in causing Mr. Feels to be spoken to by his brother, who can prevail upon him [le determiner] to adandon a plan which will have no other end than that of destroying himself and all those who shall have the misfortune to follow him.” ⁸¹

More important still was the influence of John Dunn Hunter. It was this man who virtually gave a new turn to the affairs of the Cherokees, and he will, therefore, come in for a considerable share of attention in the next section.

4. FURTHER ATTEMPTS TO OBTAIN LAND.

Hunter's Plans and His Visit to Mexico.—John Dunn Hunter was a man with a most remarkable career. Of white parentage, he was reared by the Indians, educated along the Mississippi river, wrote a book in New York City, was lionized in London, came to Texas to civilize the Indians, and lost his life in an uprising against the Mexican authorities. Wherever he appeared he attracted attention. ⁸² While in England Hunter had excited great interest in a project for civilizing the Indians, which he held up as the object to which he intended to devote his life. ⁸³ In the additional section appended to the third English edition of his book, ⁸⁴ he states his plan as follows:

“My plan to extend the benefits of civil life to the Indians is to settle in the vicinity of the Quapaws. ⁸⁵ . . . They have not yet assumed the habits of civilized life; their country yet abounds in game, but it is fast disappearing before the ravages of the white man. I own a tract of land near them. I wish to let them see my improvements, my comfortable house, my rich meadows, my full barn, my fine stock; in short, every comfort which industry seconded by art can afford. Invite them frequently to see me; show them my independence; let them see that I do not have to run after the game, and expose my health in the wet and cold and my life and my liberty to my enemies. This will appeal to his pride and his honor, on which points they are extremely sensitive; emulation would be the consequence for they hate to be outdone.

“I would not wholly abandon their habits; I would frequently amuse myself at shooting, especially when they called to see me: they think it a great mark of worth to excel in the use of the rifle. I would indulge in many of their rural sports; I would use the pipe as the sign of hospitality; I have experienced it, and I know the habits which are hardest to part with or adopt, on entering the civilized life.

“The Indian, as well as the white man, clings with ardor to early habits, and commonly resigns them at the expense of his peace; but examples can do much, when we are in earnest and feel what we are about. The great object will be to convert the rambler over the forest to a domestic character. Nature has given him a soul which disdains the chains of tyranny; convert his independence from the ardor of war to the cultivation of peace with mankind. Nature has taught his bosom to glow with the flame of love to the softer sex; let domestic education turn the ardor into kindness and attention, to an attention which shall elevate his burthened squaw to his equal in society, to a companion of his toils and partner of his joys. Nature has kindled the fires of parental solicitude in his breast; let him teach his children industry, duty to their mother, and all the innocent sports and amusements of life.

“It is easy to conceive what would be the result; the Indian wigwam would be soon supplied by a lasting dwelling, and the bountiful fruits of the field supply the exertions of the chase. The roaming tenant of the woods would soon be the ornament of civil society. I have no assistant to accompany me with my designs, though I have many friends in my country; I have much to perform, and but little beyond personal exertion with which to accomplish it. The object alone is of sufficient importance to call forth all the exertions of an individual who feels a lively regard for everything which concerns their happiness.” ⁸⁶

Hunter left England for America in the summer of 1824, and for nearly a year nothing of his movements is known. It may be, as Bancroft implies, ⁸⁷ that he went immediately to live with the Cherokees in Texas; but it is more probable that he did not join these Indians until some time in the summer of 1825. ⁸⁸ What induced him to abandon his original intention of settling on his own land near the Quapaws in Arkansas, and to cast his lot with the Cherokees in Texas, we are left to conjecture. ⁸⁹ After joining the Cherokees, he soon acquired great influence among them.

About the time of Hunter's arrival in Texas the Cherokee land question had reached a crisis; it was in connection with this question that he came to the front. We have seen that Fields tried to obtain lands peaceably from the Mexican government; how he failed; and was now on the point of using force to make good his claims. To Hunter, however, the solution of the question appeared to lie in a different direction. Personally averse to war, he thought it idle with their small number of warriors and uncertain allies to resort to force; finding in all that had been done by the Mexican government no absolute refusal to grant land, he counseled cultivation of friendship with the local authorities and a renewal of the efforts to obtain land; and, possessing confidence in his own abilities, he was willing himself to undertake to secure the long sought titles to their lands. Hunter may have used other arguments; he may have unfolded to the Indians the plans that he laid before the Mexican authorities. Whatever was done, he was sent to the city of Mexico, ⁹⁰ where he arrived March 19, ⁹¹ 1826,—the same day that Miguel Arciniega, the secret agent, arrived at the Cherokee Village.

“Hunter's object in visiting Mexico, (in as far as I could ascertain it,)” says Mr. Ward, British chargé d'affaires in Mexico during the years 1825, 1826, and part of 1827, “was to induce the government to assign a portion of the vacant lands in Coahuila and Texas, to some numerous tribes of Indians, mustering in all nearly 20,000 warriors, who had been driven from their hunting lands on the Missouri and Mississippi, by the rapid spread of the population from the Anglo-American Eastern States. Retiring across the vast prairies of Louisiana, and pursued step by step by that civilization, before which they fled, they entreated Mexico to grant them lands which they might call their own; and offered, if allowed to settle upon the southern banks of the Colorado [Red River] and Sabina, to take the oath of allegiance to the government, to embrace the Catholic religion, to devote themselves to agricultural labor, and to defend the frontier against all encroachments.

“This favorable opportunity of acquiring a valuable addition to the population of the country was lost by that dilatory spirit, which, both in Spain and its dependencies, has been the source of so many evils. Hunter left Mexico without having received any positive answer to his demands.” ⁹²

In following the movements of Hunter to the city of Mexico on his mission to obtain lands, we have reached the middle of the year 1826. It will now be necessary to return to the beginning of the year and briefly review (1) the conduct of the Cherokees up to the time of Hunter's return, and (2) the emigration of Indians from the United States to Texas.

Fields's Conduct During Hunter's Visit to Mexico.—On December 31, 1825, the alcalde of Nacogdoches informed the political chief that Fields with five of the chief men of his tribe had visited him to assure him of their friendship, and to notify him that five thousand families of the Shawnees were on their way to Texas to settle on the lands granted them by the government. ⁹³ The latter part of this communication called the attention of the authorities to a new source of trouble, but the first part was hailed with great joy. To put a finishing touch to their gladness, Fields produced ⁹⁴ a letter nearly a year old—dated April 22, 1825 ⁹⁵—showing that he had been their friend and ally all the time. ⁹⁶

When, therefore, Miguel Arciniega, the secret emissary who was to put an end to the hostilities of the Indians, arrived in eastern Texas about the middle of March, 1826, none but the most favorable reports could he gather. ⁹⁷ Fields entertained him at his own house, and utilized the occasion to assure him of the loyalty and good will of the Cherokees toward the Mexican government, and to write, March 20, the following letter to the political chief:

“Don Miguel Arciniega, who told me that he is a resident of Bexar, arrived at my village yesterday, and this affords me an opportunity to inform you of my commission as Capitan Urbano which the S. E. P. of Mexico granted to me when I was in that city, as well as to offer you the services of all my people who are under my command and who are waiting only for an opportunity to show the gratitude which I and all my people have toward the Mexican nation . . .

“Don Miguel Arciniega informed me that the Comanches and others adjoining them are making war on S. Antonio and other towns of the interior. Should our government decide to wage war on these faithless savages, I hope you will have the kindness to send me a courier in order that with all my people I may go to unite with the Mexican troops and destroy this restless people who commit so many acts of hostility.

“I have positive information that there have crossed Red River about eight thousand souls of different nations who come to settle and who are of those whom the government of the State of Coahuila and Texas permitted me, should they arrive, to locate on these lands; and they have directed me to inquire whether they, too, will be permitted to make war on the Comanches. ...

“My people have lived very peaceably up to this time, and only the Caddos, Nacogdoches, and Tejas, I have learned, have been invited by the Comanches and Tahuayases to hold a council in the new town of the Tahuayases. I have not been able to discover what the object of this meeting is: I will only say that the Caddoes, Nacogdoches, and Tejas are not on friendly terms with my people, certainly through jealousy that we are settled near their lands. I wish that the government tell me what I must do with these nations, and especially with the clandestine trade which some traders are carrying on with the United States; and I wait only for an order from the government of the State of Coahuila and Texas to be authorized to arrest them and to stop this traffic which causes so much harm.” ⁹⁸

To this remarkable composition of bitter and sweet the political chief made two reports—one to Fields, the other to the governor. He called the latter's attention particularly to the immigration of Indians. ⁹⁹ In his letter to Fields he expressed his pleasure on hearing of the friendly disposition of the Cherokees and their willingnesss to aid the government; told him that he had referred the points touching the discontent of the Caddoes and the illicit trade to the State authorities; and concluded with this important statement: “Since neither in the Archives of the Department nor in those of the Secretary of State are found proofs of the permit, that you obtained from the S. E. P. of the Nation, to emigrate to this country, it is necessary, in order that you may remain in quiet possession and not be disturbed by any one, that you send me copies of all your papers so that I can submit them to the proper authorities of the State for approval.” ¹⁰⁰

If anything could bring to light the papers Fields claimed to have, this reasonable and direct request would appear to have been the thing to do it. But not so; nearly four months later, James Kerr, writing from San Antonio, says: “I have mentioned to the Chief the propriety of inviting [sic] Fields to participate in the war against the hostile Indians; he said that he had written to him to come here and to bring his title papers to land if he had any with a view assertane the strength of his Coline [colony], and to make some arrangements with him in assisting us Defend the fronteers. He requested me to write Fields on the subject by the first opportunity and urge him to come on.” ¹⁰¹

In his letter of March 20, Fields volunteered his aid in case a war should be undertaken against the Comanches and their allies. These Indians had been threatening a combined attack since the fall of the previous year. In the spring of 1826 Austin was ordered ¹⁰² by the commander of Texas to attack the Wacos, Tehuacanas, and “Towcaps.” Without consulting his superiors Austin took advantage of Fields's offer, and accordingly called upon the Cherokees to co-operate with his colonists by attacking the Tehuacana villages on the head of the “Navisot” at daybreak of May 25. “My friends,” he says at the close of his letter, “I have informed you of my plans. I have placed great confidence in you, for you are the only persons out of this Colony that I have called on for aid. I am the friend of the Cherokees and wish to give them an opportunity of showing the Government what good Indians and faithful citizens they will make, and I have no doubt if you turn out in this expedition and destroy the Towakany villages on the head of the Navisot, that it will be the means of securing you land in the country for as many of your nation as wish to remove here.” ¹⁰³ May 3, the courier whom Austin had sent to the Cherokees returned with a letter from Fields and Bowles, stating that they were willing to join the expedition and to aid the colonists if commanded to do so by the government, but that the high water in the Neches, the Trinity, and the creeks of that section generally, and the backwardness of their crops made it impossible for them to come at once. ¹⁰⁴

The commander of Texas issued an order, May 4, postponing the proposed attack. ¹⁰⁵ Austin reported to the commander what he had done, at the same time mentioning his intended employment of the Cherokees. ¹⁰⁶ To the latter the commander, Mateo Ahumada, replied: “In my opinion there is no need of our employing the Cherokees and other peaceable Indians for the purpose you propose; because, it is best that all the Indians should believe that we are not in need of them at all and that we excel them in war.” ¹⁰⁷

There may have been other considerations besides those mentioned by the commander that made it inadvisable to employ the Cherokees at this time. The political chief had just (May 3) called on Fields for copies of his papers, and he may have advised against their employment until their exact status in the department had been ascertained. At any rate, a few months later when Fields asked for permission to make war on these same Indians because they had killed some of his men, ¹⁰⁸ the political chief granted his request notwithstanding the fact that he had no authority to do so. ¹⁰⁹ He justified his act by saying that he could no longer bear to hear of the unchecked insolence of those tribes, and he thought this a good opportunity to get even with them, as the Cherokees intended to wreak vengeance on them for personal injuries. Besides it would be a war between Indians only, and he feared Fields would go anyhow if he did not grant his request. ¹¹⁰ He, therefore, directed the alcalde of Nacogdoches immediately to inform the Cherokees of his consent and to urge them to wage the war with might and main. ¹¹¹ The alcalde delivered the message October 2. The Cherokees appear only to have waited for the political chief's decision, and in his reply the alcalde expressed the opinion that the war would begin at once. ¹¹² He was badly mistaken in this, however, for on the same day he reported the presence of Hunter at the Cherokee village, and what that meant we shall see presently.

Immigration of Indians From the United States.—A movement during the year 1826 that deserves to be especially noted is the emigration of Indians from the United States to Texas. We have already seen that the Cherokees came in 1819-20. Some Delawares crossed the Sabine in 1820. ¹¹³ A large party of Shawnees entered in 1822, and settled on the south side of Red River near Pecan Point. ¹¹⁴ In 1824 these Shawness petitioned the State authorites for land—an English square mile for each family; provided, that the grant be so formulated that not only the two hundred and seventy warriors already within Texas should receive land, but also “their friends and allies who might follow them.” Should this be done, “they are induced to hope that several thousand will join them.” ¹¹⁵ The Congress of the State and the president of the Republic acted favorably on their petition; “provided they conform to the constitution and laws of the nation and that they themselves do not form a separate body as a nation with authorities of their own, but remain obedient to the State.” ¹¹⁶ Nothing was said about numbers. Other tribes may have come in between 1820 and 1826, but no mention is made of them; certain it is that immigration was not so important as it became in 1826.

Contemporary events in the United States doubtless did a good deal to facilitate this movement, but of chief interest in this connection is the part Fields played. Bearing in mind Hunter's plan for making an Indian country, it seems that the emigration of those Indians is in line to fulfill that plan; an effort on the part of Fields to furnish the Indians for the lands that Hunter had undertaken to secure. That Fields thoroughly identified himself with the movement is clearly proved by numerous statements of his own. Reference was previously made to the fact that on December 31, 1825, Fields notified the alcalde of Nacogdoches “that the Shawnees had sent a runner to report that there were five thousand families on the road who intended to settle on the lands of this department.” Again in his letter to the political chief, dated March 20, 1826, he said: “I have positive information that about eight thousand souls of different tribes have crossed the Red River.” Arciniega quotes Fields as saying “that these [eight thousand] are a part of nine nations which have the permission of the State government to settle on the lands that this government is to designate.” And on May 30, the alcalde of Nacogdoches learned from the chief of the Nadacos that twelve tribes, four of them large ones, were about to emigrate to Texas. ¹¹⁷ Undoubtedly all these numbers are exaggerated; the actual number that emigrated is not known; but the fact remains that there was a large increase of the Indian population of eastern Texas, drawn chiefly from among the former friends and allies of the Cherokees, through the efforts and influence of Fields.

“In reply to your request for information concerning the emigration of savage Indians from the Republic of the North to the Republic of Mexico,” wrote Benjamin R. Milam to the commander of the department of Texas, May 1, 1827, “I must say that on the 23rd of November last I arrived at the Red River of Natchitoches near Pecan Point. ... On my arrival I found the white inhabitants of that part of the country, residents in the vicinity of Pecan Point, greatly frightened by the immigration of a considerable number of Northern Indians to the south side of said River into the territory of this Republic. Their numbers are increasing daily from some unknown cause. ...

“I had an interview with the chiefs of the different tribes and told them that they ought not to settle without the permission of the Mexican government. They replied that Richard Fields had summoned them, saying that he was vested with full powers to distribute the vacant lands of this country.” ... ¹¹⁸

The officials at Nacogdoches and at San Antonio did not fail to appreciate the dangerous character of this large semi-civilized Indian population. They saw clearly that it added material of the most inflammable nature to a section of country whose inhabitants were already beyond the control of the authorities. They pointed out to the superior officials that the emigrant Indians incurred the hostility of the indigenous tribes by occupying their lands, ¹¹⁹ and that where this was not the case the former attempted to subject the latter to their authority. ¹²⁰ They showed how easy it would be for bad men to gain influence over these Indians, to incite them against the government, and to unite them with the foreigners in resisting and defying the laws. ¹²¹ They reiterated the absolute necessity of stationing a sufficient number of troops at Nacogdoches to compel the Indians to settle where they would be least dangerous, to make them obey the laws and respect the government from the very beginning, and to maintain good order and suppress at the outset any disturbance they might raise either alone or in union with the white emigrants and thus to preserve the integrity of the territory. ¹²² All their petitions, however, fell on deaf ears until Don Bernardo Gutierrez de Lara, ¹²³ commandant of the Eastern Internal States, was removed and the energetic Anastasio Bustamante put in his place. He reached headquarters about the end of August, ¹²⁴ and immediately promised the troops asked for, ¹²⁵ but before they could reach Texas the mischief had begun.

The Results of Hunter's Trip.—The exact date of Hunter's return from his unsuccessful mission to the city of Mexico not being known, it is sufficient for our purpose to note the first sign of the effects the report of his failure produced. News of the hostility of the Cherokees began to spread about the beginning of September. ¹²⁶ “There is reason to fear,” says Austin, “that the delay of the measures concerning the peaceable tribes has disgusted them; and should this be the case it would be a misfortune, for 100 of the Cherokees are worth more as warriors than 500 Comanches.” ¹²⁷

A council of the Cherokees was called, and the assembled warriors addressed by Fields and Hunter. The following speech, said to have been delivered by Fields a short time afterward, may safely be taken as an index to the sentiments he expressed on this occasion:

“In my old Days I travilid 2000 Miles to the City of Mexico to Beg some lands to setel a Poor orfan tribe of Red Peopel that looked up to me for Protasion[.] I was Promised lands for them after staying one year in Mexico and spending all I had[.] I then came to my Peopel and waited two years and then sent Mr. hunter again after selling my stock to Provide him money for his expenses[.] when he Got thare he Staited his mision to Goverment[.] they said that they New nothing of this Richard fields and treated him with contampt[.] I am a Red man and a man of onor and Cant be emposid on this way[.] we will lift up our tomahawks and fight for land with all those friendly tribes that wishes land also[.] if I am Beaton I will Resign to fait and if not I will hold lands By the forse of my Red Warriors . . .” ¹²⁸

Hunter “pictured in strong and glowing language the gloomy alternative, now plainly presented to the Indians, of abandoning their present abodes and returning within the limits of the United States—or preparing to defend themselves against the whole power of the Mexican Government by force of arms. The fierce multitude of savage warriors who listened to him were not long in determining in favor of energetic measures, and they unanimously declared for the immediate commencement of hostilities upon the neighboring colonists in Edwards's grant—considering them as a part of the population of the Mexican Republic. They believed themselves capable of overrunning the country about Nacogdoches with little or no difficulty; and many of them were quite eager for the spoils which they expected to gather in their contemplated course of conquest.” ¹²⁹

Hunter, however, recognizing the uncertainty of such a course and, perhaps, not entirely ignorant of the state of affairs at Nacogdoches, succeeded in persuading the Indians to postpone hostilities “for a week or two, until he could have an opportunity of visiting Nacogdoches and ascertaining the exact condition of the colony . . . He repaired . . . to Nacogdoches, and after remaining a day or two there . . . determined to have an interview with the empresario and his brother, and to lay before them a proposition for the formation of a league, offensive and defensive, against the Mexican government . . . Accordingly, he approached the brothers, . . . [and, after] listening to the pathetic story of their wrongs, . . . he ventured by degrees to unfold the object of his visit. He painted to his new acquaintances the exposed condition of the colonists, and the certainty of their being shortly attacked by an uncontrollable host of warriors, who were then arranging for the onslaught; he expatiated upon the fact . . . that they could expect no succor from the Mexican government . . . and urged them . . . to unite with the Indian tribes under the control of himself and Fields . . .” ¹³⁰

Edward's Colony.—To understand and appreciate the reception Hunter's proposition received on the part of the Edwards brothers, a brief survey of the difficulties they had experienced in the planting of their colony is necessary. By Art. 2 of Edwards's contract “all those possessions which are found in Nacogdoches and its vicinity, with corresponding titles, shall be respected by the colonists; and it shall be the duty of the empresario, should any of the ancient possessors claim the preservation of their rights, to comply with this condition.” ¹³¹ To ascertain the extent of the claims thus safeguarded, Edwards issued an order October 25, 1825, ¹³² directing that all persons holding such claims should present them immediately for confirmation or rejection according to law, otherwise the lands would be sold. This notice gave great offense (1) to the old settlers at Nacogdoches, many of whom had good reason to object to an inspection of their titles and all of whom were jealous of Edwards's authority, and (2) to the authorities of the State, because he claimed the right (which he did not possess) to sell the lands. About the same time that Edwards issued the foregoing order he issued another for the election of militia officers to occur December 15, 1825. Notwithstanding the fact that Art. 6 of his contract appears to have conferred this right upon him, the officers of the general government were highly offended that a rank foreigner like Edwards should be invested with and presume to exercise such authority. Edwards also took a prominent part i