MIRABEAU BUONAPARTE LAMAR
Chapter IV
FRONTIER DEFENCE
In order to make clear the policy of Lamar in dealing with the
Indians, it will be necessary to discuss in some detail the methods
used by his predecessors in attempting to keep the peace. It will
not be necessary, however, to give a detailed history of the various
tribes which occupied Texas. It will suffice at this point to say
that the usual classification used during the days of the Eepublic
depended upon the degree of civilization adopted, and the terms
"Wild Indians" and "Civilized Indians" were considered as suffi-
ciently descriptive. Another grouping that was made was the in-
digenous and immigrant, the latter term meaning the more civil-
ized tribes which had come from the United States, and including
the Cherokee and associated bands.
There was an Indian question in Texas from the time that the
first Anglo-Americans began to arrive. For a dozen years after
Austin brought his first colonists to Texas, the chronicles are full
of Indian atrocities. The year 1832, Yoakum tells us, was the
first in which the settlers had not been attacked often by the
Indians, and their failure to attack that year was due to the fact
that the Comanches and Shawnees had had a great battle in which
so many were killed that they were unable to undertake a war
against the whites. In April, 1833, a convention met at San
Felipe to petition for a separation of Texas and Coahuila. It was
asserted that Texas was such a great distance from the center of
government that no adequate means of protection against the In-
dians presented themselves, and this was considered a sufficient
reason for the establishment of a separate state government for
Texas. The memorial forwarded to Congress by the Convention,
which closed April 13, 1838, is a gloomy one. It was written
by David G. Burnet. After enumerating many evils from which
the people were suffering, due to the lack of a strong local gov-
ernment, it declared:
We do not mean to attribute these specific disasters to the union
with Coahuila, for we know they transpired long anterior to the
consummation of that union. But we do maintain that the same
political causes, the same want of protection and encouragement,
the same mal-organization and impotency of the local and minor
faculties of the government, the same improvident indifference
to the peculiar and vital interests of Texas, exists now
that oper-
ated then. Bexar is still exposed to the depredations of her
ancient enemies, the insolent, vindictive, and faithless Comanches.
Her citizens are still massacred, their cattle destroyed or driven
away, and their very habitations threatened, by a tribe of erratic
and undisciplined Indians, whose audacity has derived confidence
from success, and whose long-continued aggressions have invested
them with a fictitious and excessive terror. Her schools are neg-
lected, her churches desolate, the sounds of human industry are
almost hushed, and the voice of gladness and festivity is converted
into wailing and lamentation, by the disheartening and multiplied
evils which surround her defenceless population. Goliad is still
kept in trepidation; is paralyzed in all her efforts for improve-
ment; and is harassed in all her borders by the predatory incur-
sions of the Wacoes, and other insignificant bands of savages,
whom a well-organized local government would soon subdue and
exterminate.
Santa Anna, who was, in effect, dictator in Mexico when Stephen
F. Austin presented this memorial, refused the request, imprisoned
Austin, and in October, 1834, announced his purpose to send four
thousand troops to San Antonio, "for the protection of the coast
and frontier." In March, 1835, Congress decreed the reduction
of the militia throughout the Eepublic to one man for every five
hundred inhabitants, and the disarming of the remainder.
Troops dispatched to Texas began to arrive early in 1835, and
conflicts with the settlers soon began. At Anahuac a collector,
backed by a small body of troops, attempted to collect tariff duties,
which the Texans resented. This situation, together with the
hostility of the Indians throughout the year, led to the creation of
committees of safety and correspondence, which led to the calling
of the Permanent Council in October. The Columbia committee
wrote to J. B. Miller, the political chief of the Brazos Department
suggesting that each municipality be required to furnish twenty-
five men for use in an Indian campaign, to which Miller replied
that he was already taking steps to punish the Indians. The
committee of San Felipe issued a circular on September 13, in
which it was stated that the committee considered it important
that the just and legal rights of the civilized Indians should be
protected, "but not having any certain information on the subject,
they can only recommend it to your consideration."
The spirit exhibited in the letter of the San Felipe committee
of safety became the spirit of the Permanent Council, and was
adopted by each of the revolutionary bodies that governed Texas
until March, 1836. The Permanent Council on October 18
adopted the report of a committee for appointing three commis-
sioners to the civilized Indians. The commissioners appointed
were Peter J. Menard, Jacob Garrett, and Joseph L. Hood. Sev-
eral of the Indian chiefs had been invited to convene with the
whites in their Consultation for the purpose of having their claims
to lands properly adjusted by that body, but they failed to attend,
and the three commissioners were therefore instructed to proceed
to their villages and ascertain the cause of their grievances, and
to assure them that their case would receive prompt attention as
soon as the Consultation should reconvene. "This committee are
of the opinion," said the report,
that there have been unwarrantable encroachments made upon the
lands occupied by the said Indians; therefore be it resolved by the
permanent council of Texas now in session, that Peter J. Menard,
Jacob Garrett, and Joseph L. Hood, be appointed commissioners
for the purpose of holding consultations with the different tribes
of Indians, and giving them such assurances as may be necessary
for the advancement of their rights and privileges as citizens of
Texas, and for the purpose of transacting such other business as
may be necessary to promote the cause of the people of Texas,
It was made the duty of the commissioners to co-operate at all
times with the local committees of safety.
At the same time, however, the Permanent Council provided a
system of ranger service to keep' the Indians in check. On Octo-
ber 17 a resolution was adopted authorizing Silas M. Parker to
employ and superintend twenty-five rangers to guard the fron-
tiers between the Brazos and Trinity rivers; Garrison Greenwood
was authorized and required to employ and superintend ten rangers
on the east side of the Trinity; and D. B. Fryar to employ twenty-
five rangers for service between the Brazos and Colorado rivers.
A committee of five men was appointed to report on the details
of this scheme. The committee reported on the same day, and
their report was adopted by the Council. The superintendents
of the rangers from the Colorado to the Brazos and from the
Brazos to the Trinity were to make their place of rendezvous at
the Waco village, on the Brazos; those on the east of the Trinity
were to rendezvous at Houston. The superintendents were to be
vigilant in carrying the provisions of the resolution into effect, and
were to have the authority to contract for ammunition, and to
draw on the general council for payment. The companies were to
select officers, whose duty it was to make reports to the super-
intendents every fifteen days, and the superintendent was to report
to the General Council every thirty days. The companies ranging
from the Colorado to the Brazos and from the Brazos to the Trinity
were to rendezvous at the Waco village every fifteen days unless
engaged in pursuing Indians, and the companies were to unite
whenever their officers considered it necessary. Finally, the of-
ficers were to be "particular not to interfere with friendly tribes
of Indians on our borders."
The Consultation, which succeeded the Permanent Council on
November 3, took further steps to secure the good will of the
Indians. On the day before it adjourned a resolution was adopted
in which the claims of the Indians to the lands they occupied in
East Texas was recognized, and the Governor and General Council
were advised to send commissioners to form a treaty with them.
On November 15, Henry Smith, who had been elected provisional
governor, advised the carrying into effect of the recommendation
of the Consultation. On the 22d Smith was empowered by the
General Council to appoint Sam Houston, John Forbes, and John
Cameron as commissioners to the Indians. The commissioners
proceeded to the village of Bowl, military chief of the Cherokees,
and on February 23, 1836, a treaty was drawn up agreeable to
the wishes of the Cherokees.
During the progress of the War of Independence the western
frontier was evacuated by the people before the advancing Mexi-
can army, hence there is no record of Indian wars in the West.
In the East the civilized tribes were kept quiet partly through the
promises held out to them by the Permanent Council and the
Consultation for a definite settlement of their claims. At the
same time, however, the Texans deliberately attempted to create
the impression in the minds of officers of the United States that
there was danger of an Indian uprising in the East, and it was
their success in this propaganda that caused General Games to
send some United States troops to Nacogdoches in the summer of
1836. By the treaty between the United States and Mexico both
nations were to undertake to keep their Indians quiet, and it was
this treaty that made possible the intervention of the United States
in the affairs of Texas. It is interesting to notice that the col-
onists had attempted to form an alliance with the Indians in the
spring of 1836.
With the defeat of the Mexicans in the battle of San Jacinto,
April 21, 1836, and the subsequent withdrawal of all enemy
forces from Texas, those who had fled before the invaders returned
to their homes. Besides, the settlers in search of new lands pushed
out into territory regarded by the Indians as their hunting
grounds, and the surveying parties early became an object of sus-
picion, the surveyor's compasses being known by the Indians as
"land stealers." The Indians were very troublesome and threat-
erring in the latter part of 1836 and throughout 1837. President
Burnet had placed Captain Robert M. Coleman in charge of a
ranging force divided into three or four detachments. One de-
tachment was on the Trinity, one at the Falls of the Brazos, one
at the Three Forks of Little River, and one near the mouth of
Walnut Creek on the Colorado. These detachments fought nu-
merous battles with the Indians.
On January 7, 1837, a detachment of fourteen men and boys
under Lieutenant George B. Erath fought one hundred Indians
eight miles west of Cameron, killing fifteen. A short time later
a battle was fought near where Austin now stands, in which the
Indians were defeated. Several men were murdered at different
times in Lavaca County. In Fayette County John G. Bobison, a
member of Congress, and his brother, who was visiting him from
the United States, were killed. On the Trinity, west of Palestine,
David Faulkenberry, his son Evan, and Columbus Anderson, were
killed. Massacres occurred during this year at various places in
East Texas.
The attitude of President Houston, in spite of the evident an-
popularity of that policy, was one of conciliation throughout his
administration; and in the early part of his administration he
had the sympathy and support of Congress. In a message to the
Senate, November 6, 1836, shortly after his inauguration as Pres-
ident, he said,
The friendship and alliance of many of our border Tribes of
Indians will be of the utmost importance to this Government, keep-
ing them tranquil and pacific, and if need shall require it, afford-
ing us useful auxiliaries.
He suggested the advisability of entering into commercial treaties
with them, and announced the appointment of commissioners to
conclude articles of peace, friendship, and intercourse.
In an act to protect the frontier, approved on December 5,
1836, the Congress took a middle ground between the advocates
of extermination and conciliation. The President was required
to raise, with as little delay as possible, a battalion of mounted
riflemen, to consist of two hundred and eighty men for the pro-
tection of the frontier. The term of service was to be twelve
months. The President was also authorized to order out such
number of the militia as the exigencies of the case might require.
He was further directed to have such block houses, forts, and trad-
ing houses erected, as, in his judgment, might be necessary to
prevent Indian depredations. And finally, it was to be the duty
of the President to enter into such negotiations and treaties as
might secure peace to the frontiers; he was to have power to ap-
point agents to live among the Indians, and to distribute presents
as he deemed necessary, not to.exceed in amount twenty thousand
dollars. That no steps had been taken for the organization of
the mounted battalion before the middle of the following year, is
indicated by a resolution, approved June 7, 1837, authorizing the
President to absent himself from the seat of government for thirty
days "to organize and set on foot the corps of mounted gun men,
authorized to be raised by the act passed the present session of
congress for the protection of our northern frontier." On De-
cember 10, 1836, a joint resolution was approved authorizing and
requiring the President to take such measures "as in his judgment
will effect the release or redemption of our unfortunate prisoners,
captured by and in the possession of hostile Indians, said to be
on the waters of Red River, either by calling for and sending vol-
unteers against said Indians, or by purchase, treaty or otherwise."
In the spring of 1837 some Mexican agents visited the various
Indians on the frontier, promising them arms, ammunition, all
the booty taken, and peaceful possession of the frontier after the
Americans were driven out, and by these promises many Indians
were induced to join the Mexicans. Houston attempted in June
to organize a mounted force for the punishment of the Indians.
He ordered Lieutenant A. C. Horton, of San Augustine, to raise
a force of one hundred and twenty men and as many more vol-
unteers as were necessary to proceed against the Indians. Nothing
seems to have come of this, however. On November 10, a body
of eighteen rangers fell in with a band of one hundred and fifty
hostile Indians, and after a long battle the Indians were defeated,
leaving fifty dead, while the loss of the Texans was only Lieu-
tenant Miles and eight men. That was the most serious attempt
to chastise the Indians during the year.
In spite of the constant reports of Indian attacks o a defence-
less settlers, Houston showed by his message to Congress, November
21, 1837, that he still considered conciliation the best policy to pur-
sue. It was of interest to the country, he said, that the relations
with the Indians be placed upon a basis of lasting peace and
friendship. Convinced of that truth, it had been his policy to seek
every possible means to accomplish that object, and give security
to the frontier; and he considered the indications more favorable
than they had been at any time before Texas assumed that atti-
tude. "Measures are in progress with the several tribes," he con-
tinued,
which with the aid of suitable appropriations by Congress, may
enable us to attain the objects of peace and friendly intercourse.
Apprised of these facts, it is desirable that the citizens of Texas
should so deport themselves, as to become the aggressors in no
case, but to evince a conciliatory disposition whenever it can be
done consistently with justice and humanity. . . . The un-
deviating opinion of the Executive has been, that from the estab-
lishment of trading houses on the frontier (under prudent regu-
lations), and the appointment of capable and honest agents, the
happiest results might be anticipated for the country. The in-
tercourse between the citizens and Indians should be regulated by
acts of Congress which experience will readily suggest.
In carrying out this policy he insisted on the ratification by the
Senate of the treaty drawn, up with the Cherokees in 1836, and
the running of the boundary line under that treaty. He advised
the settlers to stay at home and not tempt the Indians to hostile
attacks; and it was charged by a newspaper in the heat of a polit-
ical campaign in 1841, that when a committee of men from Eob-
ertson and Milam Counties asked for protection for the frontier,
he answered that "he hoped every man, woman and child that
settled North of the San Antonio Eoad would be tomahawked."
The year 1838 was not different from the preceding year. A
committee on October 12, 1837, had reported that several of the
tribes of Indians were at peace, and advised the President to at-
tempt to make a treaty with the Comanches, At the same time
they denied the right of the Cherokees to the land which they
occupied. This was not done, however, and the Comanches con-
tinued to harass the western frontier. A few instances are here
given to illustrate the conditions. On August 10 Captain Henry
W. Karnes with twenty-five men was attacked by 200 Comanches,
and after a furious fight drove them off with a loss of twenty.of
the assailants. On the Rio Frio, about the same time, a surveying
party was attacked, and several of the party wounded. On Octo-
ber 19 a surveying party seven miles west of San Antonio was
attacked and the surveyors killed. In October also occurred the
surveyors' fight in Navarro County, when twenty-three men fought
several hundred Indians from 9 o'clock in the morning till 12
o'clock at night.
In the summer of 1838 the Indians of the East became restless,
due partly to the efforts of Mexican agents, and partly to the
failure of the Senate to ratify the treaty with the Cherokees. In
August took place the curious Nacogdoches rebellion. On August
4 a party of citizens who went in search of some horses that had
been stolen found the trail of a large number of Mexicans. On
the 7th it was reported that there were a hundred or more Mexi-
cans encamped about the Angelina under the command of Na-
thaniel Norris, Vicente Cordova, and Cruz. On the 10th it was
reported that the Mexicans had been joined by 300 Indians, and
that their force then amounted to 600. The same day they sent a
letter to President Houston disclaiming allegiance to Texas, and
set out for the Cherokee nation. Major Augustin was detached
with 150 men to follow the rebels, while General Rusk marched
with the main force of the Texans to the village of Bowl, mili-
tary chief of the Cherokees. Before reaching there he found that
the insurgents had dispersed.
No satisfactory explanation has ever been made of the purposes
that the Mexicans had in mind in this rebellion. On August 20,
a Mexican by the name of Pedro Julian Miracle was killed on the
Red River, and on his body were found instructions from General
Vicente Filisola directed to the Mexicans and friendly Indians in
Texas, together with, a diary which Miracle had kept during his
Journey into Texas. The instructions and the diarv taken together
would indicate that Miracle was visiting the Mexicans and Indians
n the region of Nacogdoches for the purpose of fomenting a con-
spiracy, and it was probably due to his activities that the Mexicans
decided to revolt. One of the documents found on the body of
Miracle was entitled "Private instructions for the captains of
friendly Indians of Texas, by his Excellency the General-in-chief
Vicente Filisola," and it was apparently aimed to control his activi-
ties with the Indians. He was to invite the principal chiefs to a
meeting and propose to them that they and their friends should
take up arms in defence of the Mexican territory in Texas. After-
wards, he was to meet several from each tribe, and distribute
among them powder, lead, and tobacco, "in the usual manner"
You will make them understand that as soon as they have agreed
in taking up arms, they will be rewarded according to their
merits: and that so soon as they have taken possession of the
places that I have mentioned to you, you will advise me by an
extraordinary courier, giving me a detailed account of the strength
of the Mexican force, and of the Indian tribes, with the plan of
attack, that I may be enabled to direct the forces that are to leave
from this place to the assistance of those who are to operate in
that quarter. Make them understand that as soon as the cam-
paign is over, they will be able to proceed to Mexico to pay their
respects to the Supreme Government, who will send a commis-
sioner to give to each possession of the land they are entitled to.
A second document, apparently written by Miracle himself, was
addressed, "Companions and friends." In it he called upon the
Indians to give their service to their country during the campaign
which was about to take place, and declare that he had been in-
structed by the general-in-chief to pay particular attention tc
their behavior during the campaign and report it to him. "As
soon as the news of our operations are made known in Matamoras,"
he ended, "his excellency the general-in-chief will make a forced
march towards the point where our troops may be, so that in the
event of any sudden reverse, you will be aided, and a central posi-
tion fixed upon for your reunion, to be headquarters during the
remainder of the campaign."
According to the memorandum book which was found on the
body of Miracle, he left Matamoras on May 29, and after a lei-
surely journey, accompanied by Mexican and Indian followers, he
arrived on the Trinity and made camp on July 2. An extract
from his diary will explain to some extent his activity.
July
4. Started for "Plazeta creek." Soon after we discov-
ered the farms of the Choctaw Indians; we directed our course
towards the rancho of Buenavista.
July
5.-
--Don Vicente Cordova presented himself and read the
communication of his excellency the general-in-chief, Don Vicente
Filisola.
July
7.--We expect to meet the Indian chiefs or captains.
July
8.--About three o'clock in the afternoon Guimon, Boll, and
their interpreters, made their appearance; but, on account of the
rain, nothing was done.
July
9.--At seven o'clock we started to a rancho to hold a con-
sultation with the Indians. We read the communication of his
excellency the general-in-chief; the interpreters being inefficient,
nothing was done. They left us without any understanding, but
are to meet them in ten days, when they will determine. They left
an Indian to conduct me to Boll's house; which was done, and we
reached that place drenched with rain. I am to take the first
opportunity to speak to Boll, to show him by private instructions;
but I can do nothing as yet. He has sent me to another of his
houses where I could conceal myself; for he said that some Amer-
icans were coming with a communication from Houston, the con-
tents of which I have not learned. Nothing can be done without
trouble. [From the ninth until the seventeenth Miracle remained
concealed.]
July
17 and 18.--In the afternoon of these days several Indians
made their appearance for the meeting.
July
19.--Boll, Dillmoor, and several other captains, came in;
but the non-arrival of the Kickapoos delayed our meeting.
July
20.--The meeting took place. War was agreed upon as
soon as circumstances would permit, and as speedily as possible;
the amount of our force to be taken immediately; including
Nacogdoches we have 540 men. At five o'clock p. m. Capt. Sa-
guano began to raise objections to the making of any movement
until the arrival of the army in the country when war could be
carried on with energy; but finally it was resolved that our force
should be in readiness at a moment's warning. At five o'clock
Boll left us, and all went away, including Cordova and the people
of Nacogdoches, about eight o'clock in the morning.
The remainder of the diary records visits to the other tribes,
and comes to an end with an entry for August 8.
Lamar was aware of the conditions on the frontier, and of the
unpopularity of Houston's Indian policy, being informed both by
his own interest as a presidential candidate and by the reports of
his friends. On June 26, 1838, he received a letter from Reuben
H. Roberts of Aransas, supporting his candidacy for the presi-
dency, saying that the cry of the people was for a President who
would protect the frontier. On July 29, William McCraven
wrote from San Antonio, telling of the dangers from Mexicans and
Indian marauders, and expressing the popular hope that Lamar's
administration would defend the frontier.
On August 24, General Busk wrote to Lamar from Nacogdoches
concerning the Cordova rebellion, as follows:
Dear Genl
I have received your letter by Col Bee for which please accept
my thanks You must excuse me for not having written you
before but recent events have crowded on me so fast that I have
had very little time. I will in a few days give you a full account
of the recent rebellion here it was a deep and well laid scheme
to involve the country in a general Indian war I have had great
difficulty in preventing it His Excellency has acted strangely
indeed had I been governed by his peremptory orders I have not
the least doubt that an Indian war would have been now raging
here but a timely demonstration of force by marching six hundred
horsemen through their Country excited strongly that which can
only be depended upon in Indians their fear.
Two days later Hugh McLeod, adjutant to General Rusk, wrote,
saying that the Mexicans had plotted for a general uprising of
Indians, and but for Rusk's promptness they might have brought
it about. He criticised President Houston severely for his con-
duct during the rebellion. "He cramped Genl Rusk in ever way,"
he said, "with his orders, written here, where one could not judge
what was the true state of affairs at HdQrs." Besides these,
there were other letters strongly criticising the policy of Houston
and hoping that Lamar would adopt a different policy with re-
gard to the Indians.
ties, giving an account of the battle of Kickapoo on the 16th, and
on the 25th he wrote that Rusk had become convinced that the
time had come for a campaign of extermination against all Indians
except the friendly ones. On November 17, General Rusk wrote,
suggesting the creation of a permanent force of five hundred men
to operate against the Indians. At the same time he suggested
that Lamar demand the removal of all United States Indians under
the treaty of 1831 between the United States and Mexico.
The inauguration of Lamar was to take place on December 10,
and the stage was set for a declaration of policy different from that
of Houston, who continued to insist that his policy was the only
one that promised success. Houston delivered his valedictory mes-
sage on November 19, and to illustrate the contrast of the attitude
of the outgoing to that of the incoming President, I shall give
his policy as he expressed it. Criticising the whites for their ag-
gression on the Indian lands, Houston said:
The great anxiety of our citizens to acquire land induced them
to adventure into the Indian hunting grounds in numbers not
sufficient for self-protection, and inasmuch as they met with no
serious opposition in the commencement of their surveying, they
were thrown off their guard, which afforded the Indians an oppor-
tunity of taking them by surprise, and hence they became victims
to their own indiscretion and temerity.
The executive anticipated the consequences that would result from
penetrating into the Indian hunting grounds, he said, and had
done everything in his power to prevent such a course. His per-
sonal remonstrances were insufficient to control the determination
of those whose opinions set at naught admonitions that could not
be legally enforced. The Indians, by gaining partial advantages,
were induced to form more numerous associations, that had ren-
dered them formidable; and occasionally acquiring spoil, they had
been induced to advance upon the settlements in marauding par-
ties, while the continued surveys within their hunting grounds
had so much exasperated their feelings that their invasions had
become formidable to the frontier. He went on to say that the
system of surveying lands had involved the country in all the
calamities that had visited the frontier, and suggested that for
some time to come restrictions should be placed on surveying be-
yond the settlements. He concluded by censuring General Rusk
for alleged encroachments on the Presidential power during the
Cordova rebellion, and claimed that that revolt was brought about
by violation of the rights of the Mexicans and Indians.
Lamar did not leave the country long in doubt as to his policy
in dealing with the Indians. "It is a cardinal principle in all
political associations," he said in his first message to Congress,
December 21, 1838, "that protection
is commensurate with alle
-
giance,
and the poorest citizen, whose sequestered cabin is reared
on our remotest frontier, holds as sacred a claim upon the govern-
ment for safety and security, as does the man who lives in ease
and wealth in the heart of our most populous city." He was not
anxious to aggravate the ordinary calamities of war by inculcating
the harsh doctrines of lex
talionis
toward debased and ignorant
savages. War was an evil which all good people ought to strive
to avoid, but when it could not be avoided, it ought to be so met
and pursued as would best secure a speedy and lasting peace. The
moderation hitherto extended to the Indians on the border had
been answered by all the atrocious cruelties that characterize their
mode of warfare. His solicitude for the due protection of the
frontier had partially overruled his habitual repugnance to stand-
ing armies; and in the disturbed state of their foreign and Indian
relations, the proper security of the country at large, especially
the peace and safety of the border settlements, seemed to require
the organization of a regular, permanent, and effective force.
He showed himself in harmony with the popular sentiment in
his remarks concerning the Indians in the East. He referred to
the trouble around Nacogdoches in August, and said that it was
not all clear to him, but that he was far from conceding that the
Indians, either native or immigrant, had any just cause of com-
plaint. He proceeded to discuss the nature of their claims to
lands in East Texas, showing to his satisfaction that they were
worthless. He was particularly severe on the Cherokees and
clearly foreshadowed stern measures with them. He suggested
the establishment of a line of military forts, announced that agents
were to be appointed to live in the Indian settlements, and that
Indians were to be required to submit to Texan criminal laws.
On the day that he sent this message to Congress he received
from Congress, and approved, an act "to provide for the protection
of the Northern and Western Frontier." It created a regiment
comprising 840 men, rank and file, divided into fifteen companies
of fifty-six men each. The term of service was to be three years,
at a compensation of sixteen dollars a month, and with a bounty
of thirty dollars. The regiment was to be divided into eight de-
tachments, stationed as follows: at or near Red River; at or near
the Three Forks of the Trinity; at or near the Brazos; at or near
the Colorado River; at or near St. Marks River; at the head-
waters of Cibolo; at or near Rio Frio; and at or near the Nueces
Eiver. At each of these posts fortifications were to be constructed.
These posts were to become the center of frontier settlement. As
soon as the positions were selected, three leagues of land were to
be laid off and surveyed into lots of 160 acres each. Two of the
lots were to be reserved for the government for the purpose of
constructing fortifications, one lot was to be given to the soldiers
obeying the term of enlistment, and the remainder was to be given
in lots of 160 acres to bona fide settlers in fee simple who would
live there two years. The act further provided for the establish-
ment of sixteen trading posts.
On January 1, 1839, two other acts for the further protection
of the frontier were approved. The first authorized the Presi-
dent to accept eight companies of mounted volunteers for a period
of six months, and appropriated $75,000 to maintain that force.
The second appropriated the sum of $5,000 for a company of fifty-
six rangers for a three months period. A little later another
act was approved providing for three companies of militia for the
protection of the frontier; and an January 24, the sum of
$1,000,000 was appropriated for the protection of the frontier.
In October conditions had become unsettled in the East again,
and on the 16th the army under Rusk fought a battle with a
mixed force of Mexicans and Indians at Kickapoo. Shortly after-
wards the Caddos in the Red River valley became threatening,
and just before Lamar's inauguration, Rusk had followed them
into the United States and disarmed them, thereby incurring a
protest from the government of the United States. These ac-
tivities made necessary the use of the whole army in the East, and
the West was left unprotected. On January 2, 1839, Joseph
Baker, Indian agent at San Antonio, reported that the Comanches,
Lipans, and Tonkawas were active, and that several children had
been captured at Gonzales; on the 16th, several citizens sent a
circular announcing Indian attacks in Robertson County, and ap-
pealing for aid.
It is not worth while to enumerate all the Indian attacks during
this period. It is sufficient to say that a lack of interest in fron-
tier protection had caused the depletion of the army, and a lack
of funds at the outset of Lamar's term made impossible the carry-
ing into effect of the ambitious program that he had announced.
His response to the appeals for help coming from the western
counties was that the lack of funds made him unable to do any-
thing effective in defending the frontier, but that an agent was
then in New Orleans attempting to sell bonds, and that he would
apply all the proceeds from the sale to the purchase of ammunition,
and the payment of soldiers. On February 28 he called for vol-
unteers from eight counties in western Texas for an Indian war.
Edward Burleson had been appointed a colonel in the regular
army and stationed at Bastrop, but recruiting' was very slow, and
practically the only defence for the western frontier during the
year was by volunteer bodies, supported by what there was of a
regular army. It is likely, however, that the endorsement of an
aggressive policy by Lamar gave encouragement to the citizens in
their local warfare with the Indians.
By far the most troublesome Indians to the Texans were the
Comanches, who had established themselves on the headwaters of
the Colorado before the American occupation. Throughout the
period of the Republic, and even after annexation, they made fre-
quent attacks on the western settlements. President Houston was
authorized by the Senate to make a treaty with them in 1837, and
he invited a number of their chiefs to Houston where he had a
conference with them, giving them presents, and accepting their
promise to keep the peace. In 1838, during the closing year of
Houston's administration, no effort was made by the government
to protect the frontier from the Comanches, and the President
went so far as to criticise the whites for provoking attacks from
the Indians by their imprudence. Lamar gave to the local move-
ments the moral support of the administration, and as far as pos-
sible the actual physical support. I shall follow out, as far as
possible, the relations with the western tribes, particularly the
Comanches, reserving a discussion for the relations with the immi-
grant tribes of East Texas until later.
In the latter part of January, 1839, three companies of volun-
teers were organized and placed under the command of Captain
John H. Moore, and ordered to move against the Comanches.
They marched up the Colorado. On the 14th of February they
came to within ten miles of the Indian village, and after dark
attacked a vastly superior force. After killing about thirty of the
Indians and losing one killed and six wounded, the Texans drew
off and did not renew the fight. In the latter part of February,
a party of Indians committed several murders in the vicinity of
Bastrop, and were attacked by about fifty Texans. The Texans
were forced to fall back, but were reinforced by General Burleson
with thirty men, and after a sharp battle the Indians fled. In
May, a force of thirty-five men under Captain John Bird discov-
ered a party of twenty-seven Indians on Little River. They pur-
sued them until the Indians came up with the main body of from
two hundred and fifty to three hundred. The Texans managed to
secure an advantageous position, and beat the Indians off with
severe losses.
The punishment that the Indians received in these engagements
caused them to be more wary in their attacks, and early in the
following year an effort was made to enter into a treaty with the
Texans. In February, 1840, some of the Indians came to San
Antonio for the purpose of making peace with Texas, and were
told by the commissioners to bring in the captives they had taken.
The Indians promised to do this, and on March 19, appeared with
only one captive. Twelve of the chiefs met the commissioners, and
when called upon to produce their captives produced only one
little girl. The Texans knew that the Comanches had other cap-
tives and. demanded that they be brought before any treaty would
be signed. When the chiefs claimed that they had no other cap-
tives, General McLeod, who was in command of the Texans, or-
dered a company of soldiers into the house and told the Indians
they were under arrest, and that they would be detained until
they sent the rest of their company for the prisoners and brought
them in. This statement immediately precipitated a fight in the
council room, which spread to the warriors outside. All the chiefs
and warriors were killed, and twenty-seven women and children
were taken prisoner, the Texans losing seven killed and eight
wounded. The women were kept prisoners while one of their
number was sent to inform the Comanches what had taken place
and to say that the Texans were willing to exchange prisoners.
A few-days later she returned with two white captives and four
or five Mexicans, and proposed to exchange them for her people
and pay the difference in horses. She was informed that all the
white prisoners must be brought in.
In revenge for this battle at San Antonio, the Indians planned
an extensive campaign. Aided by the Mexicans and some Kiowas,
a band estimated at from four hundred to a thousand Indians
suddenly attacked Victoria on the evening of August 6. The
citizens had had no notice of their coining, but they managed to
take refuge in the center of the town, and put up an effectual
resistance, losing only a few persons and a considerable number
of horses. They made another attack the next day, which also
failed, and then they crossed the Guadalupe River and attacked
Linnville on the coast. The inhabitants took refuge in a lighter
on the Gulf, but the Indians burned the town and carried away
most of the goods and cattle that they could find. In the mean-
time volunteers had been collecting, who, joined by regulars and
rangers, intercepted the Indians at Plum Creek. Here under
General Felix Huston, the Texans fought and defeated the In-
dians, killing from fifty to eighty, and recovered all horses and
prisoners. The Indians were pursued for some distance, but the
main body made its escape.
Not content with the defeat of the Indians at Plum Creek, the
Texans determined to send an expedition into the Comanche coun-
try, and chastise them so that they would make no more attacks
on the frontiers. Colonel John PI. Moore, who had followed the
Comanches up the Colorado to their village in February, 1839,
was chosen to lead the expedition. Setting out about the first of
October with ninety men, besides twelve friendly Lipans, he went
up the Colorado about three hundred miles to where Colorado City
now stands. Here the Lipans found the Comanche village in the
bend of the river, with a bluff to cut off their retreat. McLeod
sent thirty men to occupy the bluff, and with his main force made
a surprise attack, which proved fully successful. Only two war-
riors escaped, and a hundred and thirty-four were found dead on
the field. Thirty-four squaws and children were captured. The
Texans had a few wounded but none killed. This ended the or-
ganized attacks of the Comanches during Lamar's administration,
though they continued to annoy outlying settlements.
A group of Indians that furnished a special problem to the
Texans from their first immigration, consisted of the semi-civilized
tribes which had emigrated from the United States, consisting of
the Cherokees, the Coshattoes, the Kickapoos, the Choctaws, the
Shawnees, the Biloxis, and the Caddoes. Most of these had no
claim to the soil on which they had settled, and contemporaries
and historians have agreed on the justice of their removal from
Texas. The Cherokees did have some claim, however, or thought
they did, to the occupancy and government of the region where
they were settled. The refusal of Lamar to recognize their claims
as valid, and his determination to treat them as other immigrant
tribes, make necessary a full discussion of their claims, both under
the Mexican regime and after the Texans had won their inde-
pendence.
In the winter of 1819-20, the first party of Cherokees, consist-
ing of sixty warriors, left their settlements among the Caddoes
north of Red River, and came into Texas, settling somewhere along
the boundary between the Caddoes and the Prairie Indians. By
the latter part of 1824 they were claiming the region lying be-
tween the Sabine and Trinity Rivers north of the San Antonio
Road, which continued to be their claim until driven from Texas
in the summer of 1839. Whether or not they had permission from
the Spanish authorities to settle in Texas it is impossible to say.
A letter from Richard Fields, their chief., to James Dill, alcalde
at Nacogdoches, just after the revolution which freed Mexico from
Spanish rule in 1823, indicates that probably some Spanish gov-
ernor had given them the right to locate there for hunting pur-
poses. The letter, addressed to the "subsprem Governor of the
Provunce of Spain," February 1, 1822, asked what was to be done
with the poor Indians. They had some grants, it said, which were
given them when they lived under the government of Spain, and
they wanted to know whether or not the grants would be recog-
nized by the new government. This letter was forwarded to the
governor by Dill, but it elicited no response.
Early in November, 1822, Fields with twenty-two more Indians,
visited Don José Felix Trespalacios, the governor of the province
of Texas, and asked permission for all belonging to his tribe to
settle upon the lands of the province. Trespalacios entered into a
temporary agreement with Fields, and sent him to the commandant
general of the Eastern Interior Provinces at Monterey, Don Gas-
par Lopez, who, if agreeable was to send him on to the court of
the Empire, for the purpose of securing a confirmation of the
grant given by Trespalacios. This agreement constitutes the main
documentary evidence of the claims of the Cherokees in Texas
prior to the declaration of the Consultation in 1835, and I shall
quote it in full.
Article 1st. That the said chief Richard [Fields] with five
others of his tribe, accompanied by Mr. Antonio Mexia and An-
tonio Walk, 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.
Article 2d. 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.
Article 3d. 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.
Article 4th. 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.
Article 5th. 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.
Article 6th. That the said Cherokee Indians, will become im-
mediately 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.
Article 7th. 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.
Article 8th. 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.
Fields and his party arrived in Saltillo, the headquarters of the
commandant general, early in December, and after being enter-
tained by him for a few days were sent on to Mexico City, arriving
there early in 1823, at the time when the revolution against the
power of Iturbide was taking place. During the progress of the
revolution Fields and his companions remained in Mexico, await-
ing a settlement of their claims. On April 27, 1823, the min-
ister of relations in the provisional government, announced the
decision of the government to recognize the agreement between
Fields and Trespalacios until a general colonization law could be
passed. "The Supreme Executive Power," wrote Alaman to Don
Felipe de la Garza, who had succeeded Lopez as commandant gen-
eral of the Eastern Interior Provinces,
may return to their country, and that they be supplied with what-
ever 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 pro-
visionally 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 per-
mitting 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 íhe
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.
With this understanding Fields seemed fully satisfied and returned
to Texas.
It is apparent from these documents that Fields received no
more than a temporary concession, and that a permanent grant
was left in abeyance. Besides, he was conceded no more than
the right to sow his crops, and till his fields without interference
from the authorities. A year later we find Fields claiming con-
siderably more than this. In calling a council of all the Indian
tribes for the purpose of forming a treaty with them, he said:
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.
In the council he was to propose treaties with all Indians who
would agree to submit themselves to the orders of the government,
and if there were any who would not agree, he was to use force to
subdue them, This letter of Fields's was transmitted to the
government at Mexico City, and Alaman responded immediately
that no such commission and no such grants had been made, stat-
ing that the only agreement was for an extension of the provisional
treaty between Trespalacios and Fields of November 8, 1822.
On August 18, 1824, the general colonization law was passed,
giving to the States the right to make regulations for the dis-
tribution of lands within their boundaries. The State of Coahuila
and Texas passed their colonization law on March 24, 1825. Less
than a month later, April 15, 1825, the State granted three con-
tracts for the settlement of two thousand families in the region
claimed by the Indians. Robert Leftwich was to settle eight hun-
dred west of the Cherokee claim, Frost Thorn four hundred north
of their villages, and Edwards eight hundred on the lands claimed
and occupied by the Cherokees. These grants do not, of course,
prove that the Indians had no claim to the lands. It is more
likely that the authorities of the State of Coahuila and Texas
knew nothing of the temporary grant by Trespalacios and con-
firmed by the authorities in Mexico. The granting of their lands
to others, however, led to a threatened revolt, which was prevented
only by earnest efforts on the part of friends of Texas. At the
same time Fields was assured that he would get suitable lands,
and he continued to assert all the powers he had claimed before.
On March 20, 1826, when a general Indian war was threatening,
Fields wrote to the political chief at San Antonio promising help
against those Indians, the Comanches and others, who were refus-
ing to come to terms with the Mexicans. A little later Stephen F.
Austin was ordered by the commandante
at San Antonio to attack
the Wacoes, Tehuacanos, and other tribes, and he called upon
Fields for assistance, stating that it would be the means of secur-
ing the lands which the Cherokees desired. Fields asserted his
willingness to assist the whites, but said the waters of the Neches
were too high for them to get across. The attack was postponed
at that time, but in the autumn Fields asked permission to make
war on the same Indians, which was granted. Before it could
take place, however, other matters entirely changed the aspect of
affairs, and the Cherokees were ready to attack the Mexicans.
In the summer of 1835, about the time that Fields was pre-
paring to secure his lands by force, John Dunn Hunter, a white
man who had spent several years of his youth in captivity with
the Indians, and who had wonderful schemes for civilizing the
Indians, made his appearance among the Cherokees of Texas.
Hunter counselled friendship with the Mexicans, and proceeded to
Mexico City to petition for lands for the Indians, arriving there
on March 19, 1826. It seems to have been the purpose of Hunter
to secure from the government a grant of land in the vacant parts
of Texas and Coahuila for the settlement of nearly 20,000 war-
riors, who were to adopt the Catholic religion, take the oath of
allegiance to the Mexican Government, devote themselves to agri-
cultural labor, and defend the frontiers. Hunter returned about
September and announced the failure of his mission, and the
Cherokees immediately began preparations to gain by force what
they had not been able to get peaceably.
A council was called, and addressed by Hunter and Fields. The
speech of Fields, as reported to Stephen F. Austin by P. E. Bean,
indicates that he was willing to demand perhaps more than he
believed had been granted. In the language of Bean, it was as
follows:
In my old Days I travilid 2000 Miles to the City of Mexico to
Beg some lands to setel a Poor orfan tribe of Bed 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 ex-
penses when he got there he Staited his mision to Government
they said 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 Beaten I will Resign to fait and if not I will hold lands
By the forse of my Red Warriors. . . .
It was at first the purpose of the Cherokees to attack the Amer-
icans in Texas, and they were to begin with Edwards's colony,
which included the lands occupied by them. At about that time,
however, Edwards had become involved in a controversy with the
authorities and in the end this resulted in the revocation of his
grant. Rather than submit to the loss which this would entail,
Edwards and some of his followers raised a rebellion against the
authority of Mexico, declaring the colony independent under the
name of Fredonia. Hunter thought it best to consult with the
colonists under these circumstances, and he went to Nacogdoches
for the purpose. Hunter's visit resulted in a treaty of alliance
between the Cherokees and the rebels under Edwards.
The treaty of alliance as drawn up by Hunter and Fields on
the part of the Indians and Harmon B. Mayo and Benjamin W.
Edwards as Agents of the Committee of Independence provided
that the contracting parties bound themselves into a solemn Union,
League and Confederation, in peace and war, to establish and de-
fend their independence against the Mexican United States. The
boundary between the whites and the Indians was outlined, and it
was agreed that the territory apportioned to the Indians was in-
tended as well for the benefit of those tribes living in the terri-
tory apportioned to the whites as for those living in the former
territory, and that it was encumbent upon the contracting parties
for the Indians to offer those tribes a participation in the terri-
tory.
It is not my purpose to follow the events connected with this
rebellion. The other American settlers in Texas not only refused
to give any assistance to the rebels, but joined the authorities in
putting them down. The Cherokee chiefs were unable to form a
league of the Indians in Texas, or even to secure the united sup-
port of their own people. Mexican agents went among the In-
dians and promised them land if they would refuse to join in the
movement for independence. Among these agents P. E. Bean was
the most active. Through his influence the political chief wrote
a letter to Fields attempting to explain the failure of the govern-
ment to grant the lands desired, and promising that the grants
would be made as soon as possible. He failed, however, to detach
Fields and Hunter from the alliance; but the activity of the agents
among the Indians themselves was more successful, and the greater
part of them under the leadership of Bowl and Big Mush went
over to the Mexicans and killed Fields and Hunter in January,
1827.56
In spite of the promise of lands to Bowl and Big Mush, in order
to secure their co-operation against the rebels during the Fredonian
rebellion, no steps were taken to put them in possession of the
lands selected until 1831, though there was no effort to interfere
with their peaceful possession. Instead of putting them in pos-
session of the Edwards grant, the legislature divided that territory
between David G. Burnet and Joseph Vehlein.
On April 6, 1830, a Federal act prohibiting the further immi-
gration of Americans into Texas was passed. As an alternative
to American settlement of Texas, the law proposed the settlement
of Mexican families around the Americans already there, thus over-
coming the isolation of the Americans. General Teran, who had
become commandant general of the Eastern Interior States, ap-
pealed to the governor of each State to furnish a certain number
of Mexican families to settle upon the Texas frontier. The gov-
ernors failed to respond to this request, and no Mexican families
were sent. This determined Teran to attempt to settle Indians
to keep the Americans in check. He decided to begin this by
settling firmly the Cherokees on the land which they claimed and
had occupied for several years, hoping thus to stop the American
advance in this manner. On August 15, 1831, he wrote to Letona,
the governor of Coahuila and Texas, as follows:
In compliance with the promises made by the Supreme Govern-
ment, to the Cherokee Indians, and with a view to the preserva-
tion of peace, with the rude tribes, I caused them to determine
upon some fixed spot for their Settlement, and having selected it
on the head waters of the Trinity, and the banks of the Sabme, I
pray your Excellency may be pleased, to order that possession be
given to them, with the corresponding Titles, with the understand-
ing that it will be expedient, that the commissioners appointed
for this purpose, should act in conjunction with Colonel Jose de
las Piedras, commanding the military force on the frontier of
Nacogdoches.
ical chief to cause the commissioner, Piedras, to be furnished with
such stamped paper as he might require for that purpose. Before
Piedras could carry out his instructions he had been expelled from
Nacogdoches by an uprising of the American settlers, and this
ended the efforts of the government to put the Indians in possession
of their lands. Shortly after this Teran committed suicide and
was succeeded as commandant general by General Vicente Filisola,
the holder of an empresario grant himself. Governor Letona, bit-
terly hostile to the Americans, fell a victim of yellow fever and
was succeeded by Beramendi, a warm friend of Texas.
In 1833 the Cherokees with the assistance of the Americans took
steps to secure the titles to their lands. A number of the Indians
proceeded to San Antonio to lay before the political chief a peti-
tion expressing their desires, and giving the boundary of the lands
that they wanted. On July 20, he gave them a pass to visit the
governor at Monclova. On August 21, Governor Beramendi gave
them a document which promised that they would not be disturbed
until the supreme government could investigate; but because the
time limit for the settlement of David G. Burnet's grant had not
expired he could not put them in full possession.
The matter was still unsettled in 1835. On March 10, the polit-
ical chief wrote that the supreme government of the State would
not let the Cherokees, Coshattoes, and other Indians be disturbed
until the supreme government could pass on the subject. On May
12, the congress of Ooahuila and Texas passed a resolution de-
claring :
Art. 1. In order to secure the peace and tranquility of the
State, the Government is authorized to select, out of the vacant
lands of Texas, that land which may appear most appropriate, for
the location of the peaceable and civilized Indians which may have
been introduced into Texas.
Art. 2. It shall establish with them a line of defense along the
frontier to secure the State against the incursions of the barbarious
tribes.
for a provisional government, and declared all land offices closed
until a government could be formed and a land office established
under that government capable of issuing valid land grants. The
Indian claims were left as they had been throughout the decade.
Fields had obtained a shadowy temporary right to land. He had
claimed much more for this grant than can be allowed. When the
Mexican authorities failed to put him in possession of the land,
denying knowledge of him in 1825, he joined with the Fredonian
rebels against Mexican authority. In order to overthrow this re-
bellion, the Mexicans promised land to Bowl and Big Mush, with-
out specifying what lands. The Indians insisted on receiving title
to the lands lying between the Trinity and Sabine Rivers north
of the San Antonio Road, though it had been officially granted to
Burnet, Filisola, and others. During 1831-1832 the authorities
contemplated putting the Cherokees in actual possession of that
territory, but failed, as we have seen. When Bowl appealed to the
governor of Coahuila and Texas in 1833, he was given the same
evasive assurances as had been received before, but Beramendi threw
some doubt on his right to the lands occupied, Finally, the con-
gress of Coahuila and Texas proposed to remove them from their
homes and establish them on the frontiers for defense against the
hostile Indians.
The Mexican control of Texas passed with the question in this
situation. The Indians had been promised land on numerous occa-
sions, but not the land on which they were located. That land
had been granted to others, so that the Mexican government could
not legally grant it to the Indians. The period closed with the
Indians having no legal claim, and knowing that they had no legal
claim, to lands anywhere in Texas.
The Americans in the beginning of their revolt in 1835 recog-
nized the importance of keeping the Indians quiet. The committees
of safety had suggested the desirability of coming to some agree-
ment with the Indians, and the Permanent Council had appointed
three commissioners to proceed to the Indian villages and discover
the cause of their grievances and attempt to settle them. The
Consultation, which succeeded the Permanent Council, went fur-
ther and recognized the rights of the Indians to the lands they
had occupied and claimed. "We solemnly declare," said the decla-
ration passed by the Consultation the day before adjournment,
that the boundaries of the claims of the said Indians are as fol-
lows, to wit, being north of the San Antonio road and the Neches,
and west of the Angelina and Sabine rivers, We solemnly declare
that the Governor and General Council immediately on its organi-
zation shall appoint commissioners to treat with the said Indians
to establish definite boundaries of their territory and secure their
confidence and friendship. We solemnly declare that we will guar-
antee to them the peaceable enjoyment of their rights and their
lands as we do our own. We solemnly declare that all grants, sur-
veys and locations within the bounds hereinbefore maintained, made
after the settlement of the said Indians, are and of right ought to
be utterly null and void, and the commissioners issuing the same
be and are hereby ordered immediately to recall and cancel the
same, as having been made upon lands already appropriated by the
Mexican government. We solemnly declare that it is our sincere
desire that the Cherokee Indians and their associate bands should
remain our friends in peace and war, and if they do so we pledge
the public faith to the support of the foregoing declaration. We
solemnly declare that they are entitled to our commiseration and
protection, as the first owners of the soil, as an unfortunate race
of people, that we wish to hold as friends and treat with justice.
On December 22,
1835, the Council, as we have seen, acting upon
the recommendation of Governor Henry Smith, appointed Sam
Houston, John Forbes, and John Cameron commissioners to treat
with the Indians under the instructions to be drawn up by the
governor, which was done on the 30th. The commissioners were
to proceed to Nacogdoches as soon as possible and enter upon the
discharge of their duties, in which they were in nowise to transcend
the instructions of the Declaration of the Consultation. "You will
in all things pursue a course of justice and equity towards the In-
dians," Governor Smith said,
and protect all honest claims of the Whites, agreeably to such Laws
compacts or treaties, as the said Indians may have heretofore made
with the Mexican Republic.
You will provide in said treaty with the Indians, that they shall
never alienate their Lands, either separately or collectively, except
to the Government of Texas, and to agree that the said Govern-
ment, will at any time hereafter purchase all their claims at a fair
and reasonable valuation. You will endeavor, if possible, to secure
their effective co-operation at all times when it may be necessary to
call the effective forces of Texas into the field and agreeing for their
services in a body for a specific time. If found expedient and con-
sistent, you are authorized and empowered to exchange other Lands
within the limits of Texas not otherwise appropriated in the room
of the Lands claimed by Said Indians and as soon as practicable,
you will report your proceedings to the Governor and Council for
their ratification and approval:
On February 23, 1836, the commissioners entered into a treaty
with the Cherokees. By this treaty the Indians were to receive
title to the land they claimed, and which under the declaration of
the Consultation was adjudged to be theirs. The rights of those
who settled before the Cherokees were to be respected, but all who
had been once removed and had later returned were to be con-
sidered intruders. All bands or tribes mentioned in the treaty
were to be required to remove within the boundary fixed. The lands
were not to be sold or alienated to anyone except the government
of Texas, and the Cherokees agreed that no other tribes should be
allowed to settle there. No individual Indian was permitted to sell
land, and no Texan to buy from an Indian. The Indians were to
be governed bv their own laws. The government of Texas had
power to regulate trade and intercourse between the Indians and
others, but should levy no tax on the trade of the Indians. Prop-
erty stolen from citizens or from the Indians was to be restored to
the persons from whom stolen, and the offender or offenders were
to be punished by the tribe to which he or they belonged
A ratification of this treaty would have resulted in the establish-
ment of a separate Indian state with practical independence. It
would have been a nation living within definitely fixed boundaries,
under their own laws, punishing their own citizens for theft of
horses from the whites, exempt from taxation by the Texan gov-
ernment, and under no more restriction than would be involved in
a control over foreign affairs and the appointment by Texas of an
agent to live among the Indians. The Convention which met in
March, however, refused to ratify the treaty, though Houston and
the Indians considered the government morally bound to do so.
Acting upon the theory that the declaration of the Consultation
was sufficient authority for his action in drawing up the treaty
with the Indians, Houston, while he was attempting to secure a
ratification of the treaty by the Senate of the Republic after he
became President, deliberately gave the Indians to understand that
ratification was not necessary, and that they would get their lands.
Writing to Bowl on April 18, 1836, during the retreat from Gon-
zales, and after the refusal of the Convention to ratify the treaty,
Houston said:
My friend Col Bowl.
I am busy, and will only say, how da do, to you! You will get
your land as it was promised in our Treaty, and you, and all my
Red brothers, may rest satisfied that I will always hold you by
the hand, and look at you as Brothers and treat you as such!
You must give my best compliments to my sister, and tell her
that I have not wore out the mockasins which she made me; and
I hope to see her and you, and all my relations, before they are
wore out. Our army are all well, and in good spirits. In a little
fight the other day several of the Mexicans were killed, and none of
our men hurt. There are not many of the enemy now in the
Country, and one of our ships took one of the enemy's and took
300 Barrels of flour, 250 Kegs of powder, and much property---
and sunk a big warship of the enemy, which had many Guns.
The purpose of this letter was probably to keep the Indians quiet
by promising them their lands under the treaty and by making
it appear that the Mexicans were making only a slight effort to
subdue the Texans. In December, however, when there was no
danger of the return of the Mexicans, he sent a message to the
Senate urging its ratification. "You will find upon examining this
treaty," he said,
that it is just and equitable, and perhaps the best which could
be made at the present time. It only secures to the said Indians
the usufructuary right to the country included within the boundary
described in the treaty, and does not part with the right of soil,
which is in this Government; neither are the rights of any citizen
of the Republic impaired by the views of the treaty, but are all care-
fully secured by the third article of the same. In considering
this treaty, you will doubtless bear in mind the very great necessity
of conciliating the different tribes of Indians who inhabit portions
of country almost in the center of our settlements as, well as those
who extend along our frontier.
The Senate took no action at that time; but at the next session
appointed a committee to consider the treaty and the general In-
dian question, and this committee reported on October 12, 1837.
It declared the opinion that the rights with which Indians might
have been invested by the Mexican government previous to the
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
resolution:
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
citizens.
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[emmen]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
calling upon him to keep the treaty. Houston promised the im-
mediate appointment of some one to run the boundary line between
the white and Indian possessions, and on August 16, sent Bowl
another letter promising that the white warriors would not hurt
the Indians. On August 18, after the dispersal of the rebels,
Houston issued an order for mustering out the army, in which he
urged the soldiers in falling back to respect the Indians and their
property, avoiding injury to every species of property.
The promises of Houston that the treaty would be observed and
the boundary line run kept the Cherokees from taking active part
with the Mexicans. Later, in the month of August, Rusk asked
Bowl to influence the Shawnees, Kickapoos, Delawares, Kaosatis,
and other friendly tribes to keep the peace. After the battle with
the Kickapoos on October 16, Rusk complained to Bowl that a
Cherokee had been found among the dead Kickapoos, which Bowl
explained by saying he was a renegade Indian.
In the latter part of the slimmer of 1838 Houston appointed
Alexander Horton to run the line between the Indian territory and
that of the whites. On account of the opposition of the whites,
and the quarrels among Horton's men, nothing was accomplished
before the end of Houston's administration. A letter from Bowl
to Horton on October 37, is interesting and enlightening as re-
gards the relations of the whites and Indians at that time. He
wrote:
Mr Horton Dear Sir I have accomplished my Desir in rasing
my men for to guard and aid you while you are running the Line
in so much I understand that some of the white people are against
it which I am sorry to hear that, for we wish to do write ourselves,
and we hoped thai white people wanted to do the same as for
your disputes among yourselves I have ordered my men to have
nothing to do with it. My express orders is to my men is to guard
you and your property from the enemy I hope that you will be
particular with us in consequence of us not understanding your
tongue and also we will pay that respect to you I hope you will
let us know when you need us and where and I will be at your
service I will detain Gayen till I get a line from you so as he
may read our writing I have twenty-five volunteers to send to
you so nothing more only your Friend Bole.
Bole.
Early in December, just before his inauguration as President,
Lamar received a long letter from Archibald Hotchkiss of Nacog-
doches. It cannot be shown to have influenced Lamar in deter-
mining his course toward the Cherokees, but it was not calculated
to change his belief that they had no real right to the soil which
they occupied. After tracing in a general way the history of the
Cherokees in Texas, Hotchkiss said:
In the year 1833 I became the agent of Burnet for the purpose
of carrying out the terms set forth in his contract; to wit: to settle
the land ... a short time subsequent to my receiving this it
became necessary for me to repair to the seat of Government for
the purpose of transacting business for my [principal,] the prin-
ciple object of which was to induce them to remove the Indians
who had settled within [the bounds] of our grant, and by so doing
had to a very great extent impeded the settling of the lands. [I
received] assurances from the Government that they [would be
removed] immediately; but that promise was not realized [on ac-
count] of the increased internal difficulties of the country.
In the early part of 1835 I entered into a correspondence with
the Gov[ernmen]t of the State of Coalhuila and Texas upon the
subject of removing the Indians representing the extreme difficulty
we had in obtaining colonists, who were willing to settle in the
vicinity of such dangerous neighbors as the Cherokees had allways
proved themselves to be in the United States; In answer to which
the Governor informed me that he was very sensible of the diffi-
culties under which I was laboring, but that the finances of the
State were at such a state of exhaustion that it was extremely
doubtful whether they would be able to do anything until the en-
sueing year, whereupon I offered upon behalf of my principals to
advance the means necessary for removing if the Government would
afford its countenance and authority for the undertaking, and the
corresponding order was sent to the political chief of Nacogdoches
for their removal forthwith sometime in the Spring of 1835 which
order was never executed but suppressed at the instigation of de-
signing men, the war of Independence which succeeded shortly
after put an end to all further action upon this subject. . . .
Lamar's message of December 21, 1838, with regard to the In-
dian, has been mentioned. Further notice at this point is neces-
sary for an explanation of the attitude he assumed concerning the
rights of the Cherokees to the lands they occupied. He said that
the immigrant tribes had no legal or equitable claim to any por-
tion of the territory of Texas; that their immigration to Texas
had been unsolicited and unauthorized, and had always been a
source of regret to the more enlightened population; that the Fed-
eral Government of Mexico neither conceded nor promised them
lands or civil rights; that they came as intruders, and were posi-
tively forbidden to make any permanent abidance, and had con-
tinued in the country up to that time against the public wish and
at the sacrifice of public tranquility. The offer made to bordering
tribes in the colonization law of Coahuila and Texas contained
precedent conditions which had in no wise been carried out. The
pledge of the Consultation and the treaty drawn up under it had
never been ratified, and, if it had been, the Indians had violated it
time and again.
In the latter part of 1838 and early part of 1839 the Indians
in the West were active, and the government made preparations
to punish them. To keep the Indians in the East quiet, Lamar
appointed Martin Lacy agent to the Cherokees, Shawnees, and
other tribes. The special object of the appointment, said the in-
structions, was to cultivate and preserve the friendly relations exist-
ing between the frontier inhabitants of Texas and the "Cherokees,
Shawnees, etc., which have emigrated from the United States to
Texas, but whose claim to territory or even its occupancy has not
yet been recognized, and is now a subject of grave deliberation on
the part of the Texian Government." The Cherokees could not
better evince their friendly intentions, he suggested, than by pro-
hibiting intercourse with the hostile Indians.
On March 10, 1839, the Texan minister in Washington informed
the government of the United States that the President of Texas
was determined to act with great energy towards those Indians of
the East who had been consistently hostile, and suggested that the
United States take steps to restrain their Indians from assisting
the kindred tribes in Texas. Before entering on a general war,
however, Bowl, chief of the Cherokees, was allowed to visit the
various chiefs and attempt to bring about an adjustment of the
differences with them. Bowl reported that there was a sincere
desire on the part of the Indians to resume peaceful relations with
the Texans.
This change in the attitude of the Indians was probably pro-
duced by the destruction of the party of Cordova, March 26, 1839.
Cordova had been active in the rebellion at Nacogdoches in 1838,
and was at the time of his defeat by Burleson probably on his way
to Matamoras to get supplies for another outbreak similar to that
of 1838. On March 26, 1839, he was discovered with a party of
sixty or seventy Mexicans, Indians, and negroes, encamped at the
foot of the Colorado Mountains. Colonel Burleson collected eighty
men and started on his trail, overtaking him on the Guadalupe,
where a battle was fought resulting in the defeat of the Cordova
party with the loss of about thirty men. Cordova himself escaped,
but this ended his efforts to stir up revolution in Texas.
Albert Sidney Johnston, Secretary of War, writing to Bowl on
April 10, referred to this action, and said that the recent develop-
ments went to show incontestably that the Cherokees, or a part of
them, the Delawares, Shawnees, Kickapoos, Caddoes, Wacoes,
Bedies, and Kechies, about the time he was with
them had entered into a compact with Cordova to carry on the
war as soon as he should return from Matamoras. The assertion
that Cordova had been driven off when he attempted to agitate a
revolt, he said, was probably to gain time and to conceal the object
of the journey to Matamoras.
The President grants peace to them but is not deceived. They
will be permitted to cultivate undisturbed as long as they manifest
by their forbearance from all aggressive acts and their friendly
conduct the sincerity of their professions or until Congress shall
adopt such measures in reference to them as in their wisdom they
may deem proper. With a clear view of all matters connected
with their feeling and interests It should not surprise the Chero-
kees to learn that such measures are in progress under the orders
of the President as will render abortive any attempt to again dis-
turb the quiet of the frontier nor need it be any cause of alarm,
to those who intend to act in good faith. All intercourse between
the friendly indians &
those at war with Texas must cease. The
President directs that you will cause the contents of this commu-
nication to be made known to all the chiefs who were present at
the council.
Some time in April or early in May Major B. C. Waters was
ordered, to construct a military station on the Great Saline, which
was in territory claimed by the Cherokees. Bowl mobilized his
warriors and ordered Waters to leave, which he did, since he was
not supported by a military force of his own large enough to re-
sist the Indians. This naturally aroused the whites, particularly
of the East. The San Augustine Red Lander
called on the citizens
to respond to the call of Major Waters for aid in carrying out the
orders of the Secretary of War. The Telegraph
and
Texas
Reg
-
ister
stated that there were constant complaints of Indian aggres-
sions; that the Cherokees had been a source of trouble since 1836,
and that they could not be tolerated longer in Texas.
The action of Bowl called forth a stern letter from Lamar. He
had learned with surprise, he said, that Bowl had compelled Major
Waters to leave his post on the Great Saline. That officer was
acting under the authority and orders of the government, and any
attempt to interfere with him or to impede the execution of his
duty could be regarded in no other light than as an outrage upon
the sovereignty of Texas. "You assume to be acting under a
Treaty negotiated at your village on the twenty-third day of Feb-
ruary 1836 with commissioners appointed by the Provisional Gov-
ernment of Texas." No doubt there were those who would im-
press him with the belief that by virtue of that treaty the Chero-
kees had a right to maintain within the limits of the Republic an
independent government bearing no responsibility to the whites as
though they were a foreign nation. But the Texans had acquired
their sovereignty by many rightful and glorious achievements, and
would exercise it without division or community with other people.
The Indians could never be permitted to exercise a sovereignty
which would conflict with the rights of the Texans. He charged
that Bowl was at the center of all conspiracies, and concluded with
this ultimatum:
I therefore feel it my duty as the Chief Magistrate of this Re-
public to tell you in plain language of sincerity, that the Cherokees
will never be permitted to establish a permanent and independent
jurisdiction in the limits of this government--that the political
and fee simple claims which they set up to our territory now occu-
pied by them will never be allowed--and that they are permitted
at present to remain where they are only because this government
is looking forward to the time when some peaceable arrangement
can be made for their removal without the necessity of shedding
blood; but that their final removal is contemplated is certain and
that it will be effected is equally so. Whether it will be done by
friendly negotiating, or by the violence of war, must depend on
the Cherokes themselves.
Shortly before this, May 14, 1839, Manuel Flores, who had been
active the year before in the Cordova rebellion, with a party of
twenty-five marauders committed some murders between Seguin
and Bexar. They were pursued by several Texans under Lieuten-
ant James 0. Bice, and were overtaken on the San Gabriel fifteen
miles from Austin. In the battle which followed Flores and two
others were killed and the others put to flight. On the body of
Flores were found papers which, convinced Lamar and his cabinet
that the Cherokees were again in treasonable correspondence with
the Mexicans. These documents were sent to the Secretary of War
by Colonel Burleson on May 22, reaching him about the time of
Lamar's letter to Bowl.
These papers consisted of letters addressed to Manuel Flores,
Vicente Cordova, and to the friendly tribes of Texas, by the com-
mandant general for the Eastern Interior States, Canalizo, who
had succeeded Filisola. The letter to Flores, February 27, 1839,
stated that it was impossible for the Federal Government to take
any steps for the recovery of Texas on account of the war with
France. It was possible, however, he said, that the Indians and
loyal Mexicans could defend their homes by joining together against
the Americans. They ought not to depend on flying invasions, but
on operations of a more continuous character, causing perpetual
alarm and inquietude to the enemy. To obtain these objects it
was necessary "to burn their habitations, to lay waste their fields,
and to prevent them from assembling in great numbers, by rapid
and well-concerted movements, so as to draw their attention in
every direction, and not offer to them any determinate object at
which to strike."
Another letter was addressed by Canalizo to the chiefs of the
tribes. As it was the principal basis for the claim that the Chero-
kees and other tribes were plotting with the Mexicans for the ex-
termination of the whites, it is given in full:
Don Manuel Flores, and the chiefs of the friendly tribes accom-
panying him, will make known to you my sentiments towards your-
self and my friends, the Indians of your tribe; and also what you
have to expect as regards your remaining in quiet possession of the
land selected by you within the Mexican territory for settlement.
And these individuals are informed in relation to what has to be
done.
Have an understanding with said Flores in order that you may
act in such a manner as to be secured in the peaceable possession
of your lands, and to prevent any adventurer again destroying the
repose of your families, or again treading the soil where repose the
bones of your forefathers, and be careful not to deviate from his
instructions.
Act under the full assurance of our generosity, of which we have
given so many proofs, and that nothing can be expected of the
greedy adventurers for land, who wish to deprive you even of the
sun which warms and vivifies you, and who will not cease to envy
you while the grass grows and the water flows.
This letter was addressed to Captain Ignacio of the Guapanagues;
Captain Coloxe of the Caddoes; The Chief of the Seminoles; Big
Mush, civil chief of the Cherokees; Captain Benito of the Kicka-
poos; Fama Sargento de los Brazos; Lieutenant-Colonel Bowl of
the Cherokees.
On receipt of these papers Lamar decided to arrange for the
immediate removal of the Cherokees from Texas, and sent the Vice-
President, David G. Burnet, and the Secretary of War, A. S. John-
ston, to negotiate with them. The commissioners were to offer to
buy their produce and pay for their removal to the United States.
At the same time he announced in a letter to the Shawnees the
intention to expel the Cherokees, in a friendly manner if possible,
but by force if they resisted, and warned the Shawnees to have
nothing to do with the Cherokees or the Mexicans.
The commissioners reached the Cherokee village about the first
of July and entered into negotiations with Bowl and Big Mush.
Bowl acknowledged that they were intruders and had no legal
for even if the people could be brought to take the line of the
"Nueces" for the present, he thought there was reason to ap-
prehend further troubles at no remote period arising out of these
claims to the line of the Rio Grande which they had so long
been accustomed to consider was their frontier.
I told Mr Smith I would of course communicate his views
to Your Lordship by the earliest opportunity, but whilst I was
without the means of forming any opinion upon the willingness
of Her Majesty's Government to press these territorial preten-
sions upon Mexico, for the subject never had been adverted to
in any Communication of Your Lordship to me, I could not but
state my own impression that there was very little reason to sup-
pose that they would ever be admitted by Mexico.
I may take the liberty however, in this place to state my own
opinion to Your Lordship that whilst it would certainly be for
the safety of Mexico to adhere to the line of the Nueces as the
Western frontier of Texas, by reason of the desert nature of
the Country between that river and the Rio Grande, it would
no doubt be a matter of general and considerable convenience
to the foreign trade with Texas, to endeavor to secure from Mex-
ico the cession of the Keys or Islands facing the Coast, as far
down as the Harbour of Brassos. Santiago, at the Mouth of
the Rio Grande. This despatch affords me a convenient occasion
to. mention to Your Lordship that recent communications have
taken place between General Arista Commanding in the North
of Mexico, and by them no doubt made known to this Govern-
ment.
I am disposed to think from what I have learnt of that
Officer's character and opinions, and the general temper of the
Provinces contiguous to Texas, as well as from other Circum-
stances in Your Lordship's knowledge, that it is quite probable
there may be some reports of considerable importance in con-
templation, the further development of which may depend in
a great degree upon the course of the new Governments in Mex-
ico and the United States.
It seems to me forming my opinion partly from information
and partly from reflection that General Arista's schemes pro-
pose the junction of Texas with the Provinces contiguous to
this Country for the purpose of securing from the Central Gov-
ernment some such relaxation as was recently wrung from Santa
Anna at Yucatan, and it may be that failing in that object there
may be some renewed attempt to form what Your Lordship will
remember to have heard of as the "Republic of Rio Grande."
Her Majesty's Government will probably have better informa-
tion upon these points from Mexico than I can furnish from
here, but I make no doubt that some project of the kind, is in
contemplation, though it may be that circumstances will con-
spire to defeat it for the present. It should be mentioned in
connexion with this subject that the trade between Texas and
Mexico has been steadily improving since the Armistice of June
1843, and if nothing should occur to interrupt, it (which is less
likely, since the mended finance of this Country has enabled the
Government to Station a small force on the frontier for the
maintainence of order, and the protection of the traders) I be-
lieve it will soon be of considerable political importance, as
well as Commercial.
Mr Smith observed, to me in the course of conversation a
day or two since, that if Mexico should require guarantees for
the faithful execution of the treaty respecting the abandonment
of any further Annexation projects, he thought it was possible
that the Governments of Her Majesty and The King of the
French might not be averse to offer them. I said I was with-
out any information upon that subject, and could form no opin-
ion upon it. But I venture here to state to Your Lordship my
own belief that the best guarantee for Mexico in that particu-
lar would be in the suitableness of the Scheme itself to the in-
terests of this people, and the certainty that the Country upon
an independent footing would rapidly fill up with a population
not at all disposed to connect themselves in that way with the
United States.
I think that it might be pressed with force, and I am sure
with great truth upon Mexico, that nothing could tend more to
keep alive the feeling of hostile eagerness in the United States
or here, in favour of Annexation, than the knowledge of the ex-
istence of any guarantees against it by the European Govern-
ments. The sounder policy in my humble judgment would be
that all parties should be left free to act according to circum-
proposed war, could be taken by Lamar in the light of the earlier
documents as at least indicating some connection, especially as
they came at a time when Bowl was ordering the military agent
of the government out of his territory and mobilizing his warriors
to prevent the building of a fort.
The whole problem comes back to whether or not the Indians
should have been permitted to establish in Texas a government of
their own, independent of the Texan government. A ratification
of the treaty drawn up on February 23, 1836, under the Provisional
Government would have guaranteed the perpetuation of such a
government. It was inevitable that the whites should encroach
on the Indians, and it was unlikely that a white population would
have tolerated an independent Indian state within their borders.
Lamar, therefore, acted legally and justly, and what is perhaps
more important, logically, in forcing the withdrawal of the Cher-
okee Indians from Texas.
This story ends with the passage on February 1, 1840, of an act
for sectionizing and selling the lands which had been occupied
by the Cherokees. The act made no provision for the settlers
who had come into the territory since 1822, and because of this and
the desire of many to locate claims in that region, there was bitter
opposition to the passage of the bill. Houston, who was now a
member of Congress, led the advocates of the bill, while the oppo-
sition was led by David S. Kaufman, Speaker of the House. The
advocates of the measure claimed that the Cherokee lands did not
come under the general land act, as they had been won from the
Indians only in the preceding July, and that they actually belonged
to the government for disposal as it saw fit. The opponents of the
measure claimed that the lands had always belonged to the Re-
public, hence they should come under the terms of the general land
act and be disposed of as other lands of the Republic. The argu-
ment that the sale of the lands would bring much needed revenue
into the treasury overcame the objections of many who held that
the Indians had no legal right to the land or of occupancy, and the
measure became a law.
FOOTNOTES:
1768-1780, pp. 17-122, has an extensive discussion of the indigenous In-
dians of Texas. T. M. Marshall, A History of the Western Boundary of
the Louisiana Purchase, 124-140, is a convenient brief account of the
location and history of the tribes.
Brown, History of Texas, I, 275.
Publications, VII, 89, 90.
Quarterly, VII, 260-262.
chase, 139.
and their final expulsion from Texas, is so different from the relations
with the other Indian tribes that I shall treat it in a separate section,
contenting myself here with a reference to that tribe only when they
come into the natural development of the subject.
Mississippi Valley Historical Review, I, 20, 21.
tion Quarterly, IV. 204.
nial Report of the Texas Library and Historical Commission), 19. Here-
after this is referred to as Secret Journals.
States and Texas, II, 320; Brown, History of Texas, II, 143.
ican State Department by the Texan Minister, Anson Jones, on December
31, 1838, with a claim that the conditions were made worse on the border
by the failure of the two governments to run the boundary line, They
appear printed in 32 Cong., 2 session, Senate Documents, No. 14, pp. 11-17.
852.
361.
Lamar Papers, No. 882; 32d Cong., 2d sess., Senate Document, No. 14,
p. 17.
Papers, No. 1084.
November. 1839.
and Texas Register, April 15, 1840; Bancroft, North Mexican States and
Texas, II, 324; Yoakum, History of Texas, II, 298; Brown, History of
Texas, II, 175.
II, 302-305; Bancroft, North Mexican States and Texas, II, 325-326;
Brown, History of Texas, II, 178-183. Brown as a young man was present
as a volunteer in the battle of Plum Creek, and writes an interesting ac-
count of the battle.
It is printed in full in Mr. Winkler's article, as cited.
Office of Texas.
presario Contracts, 85, 86; Winkler, as cited, 105, 106.
Winkler, "The Cherokee Indians in Texas," op. cit., 133.
dians in Texas," op. cit., 142.
Thomas G. Western. Winkler, "The Cherokee Indians in Texas," op. cit.
154.
Translations of Empresario Contracts, 90.
1838.
Texas State Library.
Johnston to Bowl, April 10, 1839, Lamar Papers, No. 1188.
Library.
Texan minister at Washington, and presented by him to the American
Secretary of State, June 29, 1839. It is published in 32 Congress, 2d
session, Senate Document, No. 14, pp. 29-35.
3, 1839, Lamar Papers, No. 1321.