Treaty Between Texas Commissioners and the Cherokee Indians, 1836
Cherokee Indians had settled in lands north of San Antonio since 1819. Although their settlements overlapped with lands granted to Mexican emprasarios, the government had allowed them to remain. As the war between Texas and Mexico became more heated, the Provisional Government moved to reduce any possible friction between Texans and the Cherokee and to prevent any collaboration between the tribe and the Mexican enemy.
Sam Houston and John Forbes were commissioned in December 1835 to negotiate with the Indians. They concluded a treaty on February 23, 1836, but the document was not submitted to the Senate for ratification until the following December. The Senate rejected the treaty, saying that the Consultation had exceeded its powers by confirming the Cherokee land grants. Houston maintained that the Convention of 1836 had accepted the acts of the Consultation, therefore making the provisions legal. His policy of honoring the Cherokee claims was reversed under President Mirabeau B. Lamar, who agreed with the Senate's interpretation.
This Treaty made and established between
Sam Houston, and John Forbes, Com=
=missioners, on the part of the Provisional
Government of Texas, of the on part, and
the Cherokees, and their associate Bands
now residing in Texas of the other part-towit Shawanee
Delawares, Kickapoos, Quapaws, Choctaws,
Boluxies, Iawanies, Alabamas, Cochatties,
Caddos of the Naches, Tahoocattakes, and
Unataquous, -- 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 General Consultation, at St.
Felipe, and dated 13th November AD 1835.
The Parties declare,
that there shall be a firm and lasting
peace forever, and that a friendly intercourse