and laws, within their own territory, not contrary to the laws of the Government of Texas. All property stolen from the citizens of Texas, or from the Indians shall be restored to the party from whom it was stolen, and the offender or offenders shall be punished by the party to whom he or they may belong.

ARTICLE EIGHTH.

The Government of Texas shall have power to regulate trade and intercourse, but no tax shall be laid on the trade of the Indians.

ARTICLE NINTH.

The parties to this treaty agree that one or more agencies shall be created and at least one agent shall reside specially within the Cherokee Village, whose duty it shall be to see that no injustice is done to them, or other members of the community of Indians.

ARTICLE TENTH.

The parties to this treaty agree, that so soon as Jack Steele and Samuel Benge shall abandon their improvements without the limits of the before recited tract of country and remove within the same-that they shall be valued and paid for by the Government of Texas-the said Jack Steele and Samuel Benge, having until the month of November, next succeeding from the date of this treaty, allowed them to remove within the limits before described. And that all the lands and improvements now occuiped by any of the before named bands or tribes. not lying within the limits before described, shall belong to the Government of Texas and subject to its disposal.

ARTICLE ELEVENTH.

The parties to this treaty agree, and stipulate that all the Bands or Tribes, as before recited (except Steele and Benge) shall remove within the before described limits within eight months from the date of this treaty.

ARTICLE TWELFTH.

The parties to this treaty agree that nothing herein contained shall effect the relations of the Sabine or the Naches, nor the settlers in the neighborhood thereof, until a General Council of the several bands shall take place and the pleasure of the convention of Texas be known.

ARTICLE THIRTEENTH.

It is also declared, That all the titles issued to lands not agreeably to the declaration of the general consultation of the people of all Texas, dated the thirteenth day of November, eighteen hundred and thirty-five, within the before recited limits are declared void-as well as all orders and surveys made in relation to the same.

Done at Colonel Bowl's Village on the twenty-third day of February, eighteen hundred and thirty-six, and the first year of the Provisional Government of Texas.

DEPARTMENT OF STATE,

AUSTIN, Texas, Dec. 7th, 1870.

I, JAMES P. NEWCOMB, Secretary of State of the State of Texas, hereby certify that the above and foregoing is a true and correct copy of the original on file in this office, in testimony whereof, I have hereunto signed my name and caused the Seal of the Department of State to be affixed, day and date as above written.

[Seal of the Department of the State of Texas.]

Per J. E. OLDRIGHT, Acting Sec'y of State.

I, JOSEPH T. K. PLANT, a Commissioner of Deeds, etc., of the State of Texas for the District aforesaid do hereby certify that the above and foregoing is a true and accurate copy made by myself from the original copy signed by J. E. Oldright, as Acting Secretary of State of Texas, and that the Seal of the Department of State is thereon.

Witness my hand and official seal, this eleventh day of February, A. D. 1871.

[Signed,]

[Seal of the State of Texas, Joseph T. K. Plant, Commissioner of Deeds, Washington, D. C.] S

JOSEPH T. K. PLANT,

Commissioner for the State of Texas.

OPINION AS TO THE RIGHTS

OF

THE TEXAS CHEROKEES.

I have carefully examined the papers respecting the claims of the Texas Cherokees.

I. History of the claims of the Texas Cherokees.

2. Declaration of the consultation of the people of Texas in regard to the Texas Cherokees, dated November 13th, 1835.

3. Copy of a treaty between the Republic of Texas, and the Texas Cherokees, dated 23d February, 1836.

My opinion is desired upon certain points, as follows:

1st. Have the Texas Cherokees or their descendants any legal or equitable rights to the lands they claim and from which they were dispossessed?

2d. What is the proper method of prosecuting such claims, if they exist?

I. In answer to this question I am of the opinion, that the Texas Cherokees and their descendants have an undoubted right in law and equity to the lands mentioned and described in the treaty, ratified February 23d, 1836, between Sam Houston and John Forbes, Commissioners on the part of the Provisional Government of Texas of the one part, and the Texas Cherokees on the other.

The basis of this claim may be stated as follows:

1st. The rights of the Cherokees to the lands, were recognized by the Mexican Government in 1822, although no written

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