The Southwestern Historical Quarterly, Volume 26, July 1922 - April, 1923 Page: 19
324 p. ; 23 cm.View a full description of this periodical.
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The Indian Policy of the Republic of Texas
time (October 10), telling him in case the line between the whites
and Indians had not been run by October 20, to employ the neces-
sary force and mark the boundary.57 On November 20, Horton
notified the Executive that he had succeeded in running the line
as directed.58 The House of Representatives passed a resolution,
November 12, 1838, requiring the president to inform that body
whether or not he had appointed a commissioner to run the Chero-
kee boundary and if so by what authority.59 Houston's message
defending the validity of the Cherokee Treaty and justifying his
action in having the line surveyed, was read in the House Novem-
ber 24, 1838. He argued: that the Consultation had declared
that the Cherokees should be guaranteed certain lands; that the
General Council, in order to carry out this promise, had appointed
commissioners to establish the definite boundary line by treaty;
and that the treaty thus formed was valid, because the Convention
of March, 1836, had sanctioned and confirmed the acts of the
General Consultation and the General Council. He claimed that
he had not therefore sacrificed "principle to expediency," although
he had considered it of the utmost importance to the welfare of
the frontier to have the boundary line established.60 Houston had
spoiled the effect of his argument by sending the treaty to the
Senate for its ratification, since he claimed to consider it valid
without the approval of that body. However, the real basis of
the conflict was not the constitutional authority for the presi-
dent's action, but the fact that Congress opposed the granting of
land titles to the Indians. Mirabeau B. Lamar, Houston's suc-
cessor, was in sympathy with Congress.
On November 22, 1837, a treaty was made by Colonel Henry
W. Karnes with the Tonkawa Indians. The treaty was sent by
Houston to the Senate, December 18, 1837, and was ratified the
following day. By its provisions, the Tonkawa chiefs promised
to bury the tomahawk and live in peace and amity. In order to
secure the blessings of peace, the Indians obligated themselves to
bring to punishment any member of the tribe who committed
"Journal of the House of Representatives, 3 Congress, 1 Session, 93.
8slbid., 94-96.
"9Ibid., 43.
"6Journal of the House of Representatives, 3 Congress, 1 Session, Hous-
ton's Message, November 19, 1838, 87-93.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 26, July 1922 - April, 1923, periodical, 1923; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101084/m1/25/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.