WRITINGS OF 5AM HOUSTON, 1839
345
about it- he had a plenty more at home, but he should not come to San Augustine again to vend them. These were the kind of claims which had been principally located in the Cherokee country- and to confirm them would be to legalize fraud and encourage perjury and villany. It was enough to make an honest man blush and hang his head for shame. [ Here Mr. Houston gave way to a motion to adjourn- and the House adjourned to 3 p. m.] ~ 3 o'clock, P. M. MR. HOUSTON resumed. In the progress of his remarks he found it necessary to bring forward some proof of the Indians' right to the land. The Indians emigrated to the country in 1822. At that time the country contained no inhabitants and conse- quently there could be no objection to its transfer to the Indians by the Mexican government. An exemption was made in favor of the Indians from the Empresario contracts, and the Indians were allowed to own their lands as a community. In 1832 some intrusions had been made upon their territory- and Col. Masthar was sent by the Mexican government to remove the intruders, and put the Indians again in possession of their land. Thus we see a continued acknowledgment for ten years in succession, by the Mexican government, of the Indians' rights. This, in the absence of all other testimony, was strong pre- sumptive evidence that they recognized their claims. But their rights do not depend upon presumptive evidence. The laws of Coahuila and Texas, from which I read in the fore part of my remarks, show the ground upon which they stood in Mexico. They had rights guaranteed to them which were denied to us- and they were received on more favorable terms than we were. They .received their title from the same source that we received ours, and if they had no rights, we had none, but the right of conquest. And if our citizens never had any right, till it was acquired by the sword, then would the government have a right to appropriate every foot of land in Texas, and sell it for public uses. To the territory contemplated in this bill we never had a right until it was acquired by conquent in July last; it was con- sequently exempt from the operation of the land law, and liable to be sold for the benefit of the Republic. The Indians had come to this country by invitation from the Mexican government, at a time when the Americans were looked
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