Indian Papers of Texas and the Southwest, Vol. I

TEXAS INDIAN PAPERS, 1825-1843

26

right of Occupancy to those tribes natfres of the Country be- fore mentioned. Your committee preparatory to investigating the Treaty concluded with the Cherokee Chiefs by Sam Houston and J n. Forbes on the 23rd day of February 1836 have had under con- sideration the Declaration of the consultation dated 13th Nov. 1835 and which Declaration is submitted with this report. Your Committee after mature reflection are of opinion that the Promises expressed in that declaration are false and that acknowled rights when based of false Promises are of no ef- fect and void, which your Committee concieved to be the case in this instance. There has been no e\"idence presented to us, nor do we know of any, showing that such a commtmity exists as that recognized by the aforesaid Declaration (under the title of "Associate Bands") or that the rights therin mentioned ever did exist or were ever granted. On the Contrary there is before your Committee notorious evidence that part at least of the tribes ennumerated in that list of which the Cherokee are rep- resented as "Head Chiefs" "Elder Brothers" have been the most savage and ruthless of our frontier enemies ever since and even at the very date of the signing of this Treaty. It is also notorious that no part of said tribes have been our friends in War. Again your Committee find upon inspection of said Declara- tion and the treaty formed under it that the Territory therein mentioned forms part of the soil granted to David G. Burnet Esq. for the purposes of Colonization and which Colony was filled or nearly so Prior to this Declaration Many of the titles Being completed and others commenced and now in progress. Your committee are satisfied that the grant of this Territory to David G. Burnet Esq. for the purpose of Colonization and that many years after the settlement of these Indians on the soils should be taken as conclusive evidence that no obligation was created by grant promises or otherwise which that nation considered binding in favor of either tr.e Cherokee or this Com- munity of "Associate Bands" to be represented by the "Head Chiefs" "Elder Brothers" of the Cherokee Nation. Your Committee reflecting that the People of Texas were at the time of this Declaration acknowledged Citizens of Mexico are utterly at a loss to conceive on what principles of Legisla- tion the act was passed or rather they are of opinion that. said

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