WRITINGS OF SAM HOUSTON, 1839
346
upon as intruders. The Cherokees had been joyfully received by the Mexicans and every encouragement extended to induce them to settle in the country. [ Here he read a treaty entered into by the Indian chiefs and Mahea, an agent appointed by the Emperor Iuterbede (sic) .] 5 The Emperor Iuterbede [sic] was, at that time the authority recognized in all Mexico. Under him these Indians were guaran- teed in the rights to their lands. If they complied with the condi- tions of the contract, no succeeding government had a right to set them aside; After the tyrant Iuterbede was dethroned, the government of the Republic, not only recognized, but guaranteed the Indians in their rights; and they lived in peace and happiness with that nation up to the time of our own revolution. At that time, it was very natural to expect that the Cherokees would be found battling on the side of their ancient friend and allies, and com- missioners were sent to try and avert the impending blow. They carried with them the pledge of the provisional government that they should be guaranteed in their rights ; and on the 23rd day of February, 1836, the commissioners on the part of this govern- ment made a formal treaty, by which they were guaranteed in all their rights. [ Here he read the treaty] 6 But he had heard it contended that this treaty was not binding because it had been rejected by the Senate. Sir, said Mr. H., it has never been rejected by the Senate-it has been before that body, but was never acted upon-it was never rejected. Accord- ing to every principle of international law, a treaty was binding until rejected. During the interregnum which occurs between the time of the formation of a treaty, and the ratification and ex- changing of it between the contracting parties, it is as binding as the solemnity of a nation's faith can make it. It only becomes in- operative after it has been formally rejected. Through fidelity to the whites, the Indians did not take up arms at a time when we might easily have been driven from the country. They were true to us during the hour of danger, and have maintained their faith ever since. They have never taken the life of a white man- they have never stolen a horse; and though they have frequently been accused of perfidy, it has never i... been proved against them; and if they were to be tried before ;= this house he hoped they would be tried by the law and the testimony.
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