In 1842, near Austin, a Comanche raiding party stole Mr. Herbert's mule. A neighbor got the mule back, after which he and Mr. Herbert got in a lawsuit about who now owned the mule. The Supreme Court of the Republic of Texas ruled for Mr. Herbert. The reasons why go to the foundation of America's legal relationship with Native Americans. And they are important to this day, because they explain why the U.S. Supreme Court just ordered a new trial for an Oklahoma case that arose on land that Congress declared to be a reservation for the Creek Indians.