90
WRITINGS OF 5AM HOUSTON, 1837
kind benignity and future providence, that he will preserve and govern us as a chosen people. Sam Houston. Houston, Texas. 1 "1\fessages of the Presidents," Congressional Pavers, Texas State Library; The Jo1trnal of the House of Rep,·esentatives of the Rc,public of Texas, 1st Cong., 2nd Se~s., 9-10; Telcgmph · and Texas Registe,·, May 9, 1837. The copy for this collection is taken from the original document in the Cong1·essional Pape1·s; it is practically identical with the copy in the Telegraph, but differs considerably from that in the House Journal in para- graph division, and somewhat in wording. 2 Houston was evidently writing from memory, and made a mistake in the date of this treaty. The Treaty of Amity, Commerce and Navigation be- tween the United States and Mexico was concluded on April 5, 1831, ex- changed, 1·atified and proclaimed by both nations on April 5, 1832. Negotia- tions for the treaty had been begun in 1828. The article in this treaty that concerned the Indians (Article 33), provided that each contracting nation should be responsible for the conduct and the welfare of the Indian tribes inhabiting territory along its frontier borders. The operation of this article, as, indeed, the entire treaty, was suspended by the War between the United States and Mexico, 1846-1847, but the article concerning the Indians was revived, with a few exceptions, in Article 17 of the Treaty of February 2, 1848, between the United States and Mexico. But this Article 17 was abrogated by Article 2 of the Treaty of December 30, 1853, and the entire treaty was terminated, November 30, 1881, by virtue of notice given by Mexico. See J. C. B. Davis, Notes to T1·eaties and Conventions between the United States and Other Nations, (1889), p. 1234. And see William M. Malloy, Treaties, Conventions, Inter·national Acts, Protocols, and Agree- ments, I, 1095-1096; also, Hunter Miller (ed.), Treaties and Othe1· Inter- national Acts of the United States of America, II, 322, for the text of this article concerning the Indians. To JOHN w. MOODY 1 City of Houston 9th May, 1837. To Major John W. Moody~ Sir, You will please to audit the account of Dr. Smith,' as Post Surgeon at Washington, from the date of his appoint- ment, until the time which he left there. Sam Houston. [Endorsed]: 1137· $177.45 Doct. Wm. P. Smith Filed 9th May 1837 Examd same day Admitted to audit as post Surgeon up to 28th March 1836, at which time he was Com- missioned Surgeon to the Regiment & has been paid. Admitted
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