WRITINGS OF SAM HOUSTON, 1842 177 17. . That any person who shall attempt to molest the Indians or their property, while they remain peaceable under the treaties, shall be held guilty of felony and punished accordingly. 18. That any killing or outrage whatsoever, committed by a white man upon an Indian in time of peace, shall be punished in the same manner as though the Indian were a white man; and the person or persons so offending shall be liable to indictment and punishment in any county in the Republic. 19. That any person or persons who shall attempt to raise a force for the purpose of making war upon the Indians while at peace, without direct authority from the government shall be held guilty of felony and punished by stripes, as at common law, and fined, where their property will admit of the assessment in a sum not less than fifty nor more than five hundred dollars; and when inconvenient or impracticable to be tried by the civil tribu- nals of the country, they shall be tried by court martial, to be called by the Colonel of the county in which the offence may have been committed, or of any adjoining county. The court martial shall consist of at least seven members, one of which may act as President and another be detailed as judge advocate. 20. That the President shall make such arrangements and regulations with the several tribes of Indians as he may deem expedient for the establishment and preservation of peace and the promotion of the common welfare. 21. That the President shall have power to procure the release of prisoners held by the Indians, upon such terms as he may deem advisable. 22. That the President shall have power to regulate the rela- tive grades of Indians in council. Sam Houston. 1 Executive Reco1·d Book, No. 40, pp. 152-153, Texas State Library. See also Instructions to Indian Commissioners, dated October 17, 1842, below.
TO ALEXANDER SOMERVELL 1
Special order No. 52 Department of War and Marine, Washington, 13th Octr. 1842. To Brigr General A. Somervell, Sir: Should this order meet you on your way to this place, you will reach here as soon as practicable: If at Matagorda, you will proceed without delay to the South Western frontier, and select the most eligible position on the Cibolo or elsewhere, as your
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