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said Indians may have heretofore made, with the republic of Mexico, and that the said Commissioners be instructed to 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 Government will at any

time hereafter purchase all their claims at a fair and reasonable valuation.

Sec. 3. Be it further resolved, etc.

That the Governor be required to give the Commissioners such definite and particular instructions as he may think necessary to carry into effect the foregoing resolutions, together with such a lditional instructions as will secure the effective co-operation of the Indians at a time when it may be necessary to call the efective force of Texas, into the field, and agreeing for their services, in a body for a specified time.

SE. 4. Be it further resolved, etc.

That the Commissioners be authorized and empowered to exchuye other lands within the limits of Texas, not otherwise appropriated, in place of the lands claimed by said Cherokee Indians and their associate bands. (Passed at San Felipe de Austin, December 26th, 1835. Approved December 28th, 1835.

ORDINANCES, ETC., OF TEXAS 1836. An Act to repeal an Act entitled: “ An Act to sectionize and sell the lands formerly reserved for and occupied by the Cherokee Indians," approved February 1st, 1840; also to repeal an Act entitled "An Act to provide for the survey and sale of a portion of the territory formerly occupied by the Cherokee Indians, approved July 23d, 1842.

Art. 4547, [2106] [1] The Act, entitled “An Act to sectionize and sell the lands formerly reserved for and occupied by the Cherokee Indians,” approved February 1st, 1840; also an Act entitled: “An Act to provide for the survey and sale of a portion of the territory formerly occupied by the Cherokee Indians," approved July 23d, 1812, be and the same are hereby repealed.

Passed January 27th, 1844.

[Paschal's Digest of the Laws of Texas, Page 749, second

DECLARATION

OF

The Consultation in regard to Texas Cherokees.

BE IT SOLEMNLY DECREED, That we the chosen delegates, of the Consultation of all Texas, in General Convention assembled, solemnly declare, that the Cherokee Indians, and their associate bands, twelve tribes in number, agreeably to their last general Council in Texas, have derived their just claims to lands, included within the bounds hereinafter mentioned from the Government of Mexico, from whom we have also derived our rights to the soil by grant and occupancy.

We solemnly declare that the boundaries of the claims of the said Indians, to land, is as follows, to wit: lying North of the San Antonio road, and the Naches, and West of the Angelina and Sabine rivers. We solemnly declare that the Governor and general Council, immediately on its organization shall appoint Commissioners, to treat with the said Indians, to establish the definite boundary of their territory and secure their confidence and friendship.

We solemnly declare that we will guarantee to them, the peaceable enjoyment of their rights to their lands, as we do our own, We solemnly declare, that all grants, surveys and locations of lands, within the bounds hereinbefore mentioned, made after the settlement of the said Indians, are, and of right ought to be utterly null and void, and that 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.

2

We solemly 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 for the support of the foregoing declarations. We solemnly declare, that they are entitled to our commisseration and protection, as the just owners of the soil, as an unfortunate race of people that we wish to hold as friends, and treat with justice deeply and solemnly impressed with these sentiments, as a mark of sincerity, your Committee would respectfully recommend the adoption of the following resolution:

ResolvedThat the members of this Convention, now present, sign this declaration, and pledge of the public faith, on the part of the people of Texas.

Done in Convention at San Felipe de Austin, this 13th day of November, A. D. 1835.

Signed, B. T. ARCHER, Pr. John A. Wharton, Meriwether, W. Smith, Sam. Houston, William Menifee, Chas. Wilson, Wm. N. Sigler, James Hodges, Wm. W. Arrington, John Bevil, Wm. S. Fisher, Alex. Thomson, J. G. V, Pierson, D. C. Barrett, R. Jones, Jesse Burnam, Lorenzo de Zavala, A. Horton, Edwin Waller, Daniel Parker, Wm. P. Harris, John S. D. Byrom, Wm. Whitaker, A. G. Perry, Albert G. Kellogg, C. C. Dyer, Geo. M. Patrick, J. D. Clements, Claiborne West, Jas. W. Parker, J. S. Lester, Geo. W. Davis, Joseph L. Hood, A. E. C. Johnson, Asa Hoxey, Martin Parmer, Asa Mitchell, L. H. Everett, R. M. Williamson, Philip Coe, R. R. Royall, John W. Moore, Benj. Fugua, Sam. T. Allen, Wyatt Hanks, James W. Robinson, Henry Millard, Jesse Grimes, A. B. Hardin, Wyly Martin, Henry Smith, David B. Macomb, A. Houston, E. Collard.

P. B. DEXTER, Secretary. I, JAMES PEARSON NEWCOMB, Secretary of State of the State of Texas, do hereby certify that the foregoing is a true and correct copy of the original declaration, on file in this office, (which declaration however it is believed, was never carried into effect,) and affix the seal of office, this, the 25th of November, A. D. 1870. (Seal of the Department of the State of Texas. ]

(Signed, Jas. P. NEWCOMB, Sec'y of State. COPY OF TREATY

BETWEEN

TEXAS AND THE Texas CHEROKEES.

This treaty made and established between Sam. Houston and John Forbes, Commissioners on the part of the Provisional Government of Texas, of the one part, and the Cherokees and their associate bands now residing in Texas, of the other part, to wit: Shawnees, Delawares, Kickapoos, Quapoos, Choctaws, Boluxies, Jawanies, Alabamas, Cochaties, Caddos of the Naches, Tahovcattakes and Unatuquous, by the Head Chiefs, Head Men and Warriors of the Cherokees, as elder Brother and Representative of all the other Bands, agreeably to their last General Council. This treaty is made conformably to a declaration made by the last Genaral Consultation, at St. Felipe, and dated 13th November, A. D. 1835.

ARTICLE FIRST.

The parties declare that there shall be a firm and lasting peace forever, and that a friendly intercourse shall be preserved, by the people belonging to both parties.

ARTICLE SECOND.

It is agreed and declared that the before named Tribes or Bands shall form one community and that they shall have and possess the lands within the following bounds, to wit: lying West of the San Antonio road and beginning on the West at the point where the said road crosses the river Angelina, and running up said river, until it reaches the mouth of the first large creek -below the Great Shawnee Village-emptying into the said river from the Northeast, thence running with said creek to its main source, and from thence, a due north line to the Sabine River, and with said river west, then starting where the San Antonio road crosses the Angelina river and with the said road to the point where it crosses the Naches river and thence running up the East side of said river, in a northwest direction.

ARTICLE THIRD. All lands granted or settled in good faith previous to the settlement of the Cherokees, within the before described bounds. are not conveyed by this treaty, but excepted from its operation, All persons who have once been removed, and returned, shall be considered as intruders and their settlements not be respected.

ARTICLE FOURTH. It is agreed by the parties aforesaid, that the several Bands or Tribes, named in this treaty, shall all remove within the limits or bounds as before described.

ARTICLE FIFTH.

It is agreed and declared, by the parties aforesaid, that the land lying and being within the aforesaid limits, shall never be sold or alienated to any person or persons, power or Government whatsoever else than the Government of Texas, and the Commissioners on behalf of the Government of Texas, bind themselves, to prevent in future all persons, from intruding within the said bounds. And it is agreed on the part of the Cherokees for themselves and their younger Brothers, that no other tribes or bands of Indians whatsoever shall settle within the limits aforesaid, but those already named in this treaty and now residing in Texas.

ARTICLE SIXTH.

It is declared that no individual person, member of the Tribes before named, shall have power to sell or lease land to any person or persons, not a member or members of this Community of Indians, nor shall any citizen of Texas be allowed to lease or buy land from any Indian or Indians.

ARTICLE SEVENTH.

That the Indians shall be governed by their own regulations

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