The Quarterly of the Texas State Historical Association, Volume 7, July 1903 - April, 1904 Page: 106
xvi, 340 p. : ill. ; 23 cm.View a full description of this periodical.
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106 Texas Historical Association Quarterly.
Their Highnesses intend to consult the Sovereign Congress. That
while this is effecting, the families already settled, should be well
treated, and the other chiefs also, treated with suitable considera-
tion, 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 ful-
fillment."'
Upon the receipt of this resolution Fields and his companions
returned to Texas. It will not be amiss to review briefly the results
of their visit to the capital; for it is right here that differences of
opinion have crept in and have caused writers to misinterpret facts
which otherwise should have been quite plain. For instance, Mr.
Yoakum, speaking of this visit says, "The business of the Chero-
kees was soon adjusted. They had already entered into an agree-
ment with Don Felix Trespalacios, by which they were permitted
to enjoy the lands on which they had settled in common.2 The
agreement was confirmed by Iturbide on the 27th of April, 1823,
with the understanding that the Indians were to retire farther
into the interior, and that no additional families of them should
immigrate till the publication of the general colonization law."3
In his footnotes Mr. Yoakum cites the documents quoted above as
authority for his statements. It is hard to tell from what part of
the agreement he got the idea, which he states so emphatically, that
the Indians were to enjoy the land in common. Article 5 is the
one which is most explicit on this point, but it furnishes no more
argument in favor of the idea that they were to enjoy it in common
than for the idea that they were to enjoy it in severalty. As a
matter of fact, it was not within the scope of the agreement to
determine the form in which they should enjoy or hold their lands.
1Alaman, minister of relations, to Felipe de la Garza, commandant gen-
eral of the Eastern Internal Provinces, April 27, 1823. Record of Trans-
lations of Empresario Contracts (General Land Office), 85, 86. Transla-
tion by Thomas G. Western.
2The italics are Mr. Yoakum's.
'Yoakum, History of Teas, I 216.
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 7, July 1903 - April, 1904, periodical, 1904; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101030/m1/110/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.