WRITINGS OF 5AM HOUSTON, 1853
435
grounds. I know the Grande river or the Neosho for one hundred and thirty miles from its junction with the Arkansas; and I know the Arkansas and the Canadian· and I know their several . , Junctions, their length, their direction, their parallels, and it does embrace the territory of the Cherokees, or a large portion of it, and it is so laid down in the map. Why, here is the article with the Shawnees which has no less than eighteen tribes of Indians embraced within the limits, solemnly provided for with a simple provision, that they are to be protected by the execution of the laws under the Constitution and treaties, the most solemn com- pacts that can be made. Whether they are to be protected by them, or whether they are to be disregarded by the Senate, or whether they are to be rifled of their just rights, is a question for the Senate. We have guarantied the land to them. In certain cases it has been patented to them, and they were to 1·etain it until they left ft of their own accord. We should not disturb them, for the heavy pressure which is made upon the frontiers of Iowa, Arkansas, and Missouri. We should not disregard the provisions of law under the Constitution. I will read from one of the acts of Congress for the benefit of the Senators from Missouri and Illinois: "Be it enactecl by the Senate ancl House of Rep1·esenta.tives &c., That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the territory of the United States west of the river Mississippi, and not in a State or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there, and to cause each of said distiicts to be so described by national or artificial marks as to be .easily distinguished· from each other." Then, in the 3d section, it is further enacted: "That in making any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nations with which the exchange is made, that the United States will forever secure and guaranty to them and their heirs and successors, the country so exchanged with them; and if they prefer it, the United States will cause a patent or grant to be made and executed to them for the same: Provided, That such lands shall revert to the United States if the Indians become extinct, or abandon the same."
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