WRITINGS OF 5AM HOUSTON, 1860
43
in keeping and sustaining regular troops on our frontiers, troops that can give us no defense against Indians. You have· referred to a law of Congress "which requires that all Treaties be negotiated by the officers and agents of the Indian Department." Why, or how this was ever incorporated into law, I cannot conceive. I was in the Senate, and though ordinarily attentiye to business, I surely never heard of such a provision, or I should have resented it as a nullity. Is not the power given to the President to make treaties and appoint ministers for that purpose, by the Constitution? If so, where is the power given in the Constitution for Congress, by law, to restrict or limit his action? It would be as much in the power of Congress to say to the President, you shall appoint no man to any Federal appoint- ment unless he is a resident of the District of Columbia, as to say to the President you shall make your appointments out of a certain class or description of persons. If the services of Indian agents and the offices of the Department should be necessary at the same time, either treaties must be postponed, or the duties of the officers be neglected. Besides, it looks like monopoly and legislating for classes. If the ·views given by me in my former, as well as this com- munication, are wisely managed, we will be secured from depre- dations; and if it is not done, we never shall have peace or security; moreover it would save millions to the United States Treasury. If the Indians can have intercourse with our trading houses, and exchange the proceeds of their hunts for such things as they must have, they will readily discover these advantages, and regarding us as friends, they will make peace valuable by restraining or killing out the outlaws of their tribes who dare to violate the commands of their Chiefs. Sam Houston. 1 Governors' Lette1·s; Executive Records, 1859-1861, Texas State Library. For Jacob Thompson, see Houston to Thompson, February 17, 1860, in this volume. 2 Robert S. Neighbors. See Volume V, 165. 3 See Volume V, pp. 343-345. 4 See Papers on Indian Affairs, 1845-1860, Texas State Library; John S. Ford, "Memoirs" (MS.), also "The Neighbors Papers" (MS.), University of Texas Library; and The W1-itings, V, 345. ~see Houston to Smith, March 25, 1842, in II, 535.
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