The Papers of Mirabeau Buonaparte Lamar, Volume II

353

PAPERS OF MIRABEAU BuoNAPARTE LAMAR

will admit of no compromise and have no termination except in their · total extinction or total expulsion. I am not informed of all the circumstances connected with the recent disturbances in the East. Neither do I know precisely, the origin of these difficulties. It is thought by some, that the Indians have been encroached upon in the enjoyment of their landed rights. I am not aware of the fact myself. If the spirit of speculative enter- prize has been pushed by any of our citizens beyond the boundaries of prudence; and has awakened the savages to a war upon our whole community, it is certainly a matter to be much regretted; but being involved, it becomes the nation to meet the exigencies with prompti- tude and energy. But I am far from conceding that the Indians, either Native, or Emigrant, have any just cause of complaint. That the Emigrant Tribes have no legal or equitable claim to any portion of our territory is obvious, from a cursory examination of their history. 'fheir emigration to Texas was unsolicited and unauthorized; and has always been a source of regret to its more enlightened population. The federal government of }Iexico, neither conceded, nor promised them lands, or civil rights. They came as intruders; were positively forbid to make any permanent abidance; and have continued in the country up .to the present per.iod against the public wish, and at the sacrifice of the public tranquility. 'i'his is particularly the case with the Cherokees. The offer made to bordering Indians in the coloniza- tion law of Coahuila and Texas, carries with it precedent conditions which have in no instance been complied with by any one of these tribes. To the :Mexican authorities of that state, they were objects of disquietude and terror; and if in any instance a promise of lands was made to their Chiefs or Head-men, they were either induced by fear, or proceeded from a design to array the tomahawk and scalping- knife against the American settlers of Texas. Such promises (if evet· made) under such circumstances can impcse no moral obligations on us. But the pledge of the Consultation of Texas in 1835, and the treaty consequent upon it, are said to be regarded by the Indians, and their advocates, as the chief foundation of the claims which they set up for lands in Texas. It is not necessary to inquire into the nature and extent of the powers which originated and negotiated that treaty; for the treaty itself never was ratified by any competent au- thority, and therefore can in nowise be legally considered as binding or obligatory upon us. Had it been ratified however by all the solemnities of the constitution, still this government is now wholly absolved from the performance of its conditions, by the notorious and habitual violation of its principal stipulations by the Indians. Should it be urged that a moral obligation is imposed upon us still to extend to them the benefits of the treaty notwthstanding their repeated vio- lation of its provisions, in consequence of their supposed ignorance in such affairs-I would reply that all moral obligation presuppm,es ·reciprocity; and if the good faith of their gove~nment_ is pled~ed to convey a large and valuable portion of its territory, situated 111 the very centre of its empire to these Emigrant bands, then they stand morally bound to render full allegiance to the government of Texas, to respect and obey its laws, and to support and defend its constitu- ion. That this h~s not been done by them is certain; and that it

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