Part 2 (1/2)
On the 31st of December 1804, the President of the United States, submitted this treaty to the Senate for their advice and consent, and it was by that body duly ratified.
In a Life of Black Hawk, dictated by himself and written by J.B.
Patterson, to which there is a certificate of authenticity appended from Antoine Le Clair. U.S. interpreter, for the Sacs and Foxes, under date of 16th October 1833, there is the following statement concerning the manner in which this treaty was made.
”Some moons after this young chief (Lieutenant Pike) descended the Mississippi, one of our people killed an American, and was confined, in the prison at St. Louis for the offence. We held a council at our village to see what could be done for him--which determined that Quash-qua-me, Pa-she-pa-ho, Ou-che-qua-ha, and Ha-she-quar-hi-qua, should go down to St. Louis, and see our American father, and do all they could to have our friend released; by paying for the person killed, thus covering the blood and satisfying the relations of the man murdered! This being the only means with us of saving a person who had killed another, and we _then_ thought it was the same way with the whites.
”The party started with the good wishes of the whole nation, hoping they would accomplish the object of their mission. The relations of the prisoner blacked their faces and fasted, hoping the Great Spirit would take pity on them, and return the husband and the father to his wife and children.
”Quash-qua-me and party remained a long time absent. They at length returned and encamped a short distance below the village, but did not come up that day, nor did any person approach their camp. They appeared to be dressed in fine coats and had medals. From these circ.u.mstances, we were in hopes they had brought us good news. Early the next morning, the council lodge was crowded--Quash-qua-me and party came up, and gave us the following account of their mission.
”On their arrival at St. Louis, they met their American father, and explained to him their business, and urged the release of their friend.
The American chief told them he wanted land, and they agreed to give him some on the west side of the Mississippi, and some on the Illinois side opposite the Jeffreon. When the business was all arranged, they expected to have their friend released to come home with them.--But about the time they were ready to start, their friend was led out of prison, who ran a short distance and was _shot dead_. This is all they could recollect of what was said and done. They had been drunk the greater part of the time they were in St. Louis.
”This is all myself or nation knew of the treaty of 1804. It has been explained to me since. I find by that treaty, all our country east of the Mississippi, and south of the Jeffreon was ceded to the United States for one thousand dollars a year! I will leave it to the people of the United States to say, whether our nation was properly represented in this treaty? or whether we received a fair compensation for the extent of country ceded by those four individuals. I could say much more about this treaty but I will not at this time. It has been the origin of all our difficulties.” p. 27.
The power among the Indian tribes of this country to sell their lands, has always been considered as vested in the chiefs. They, however, are accustomed to consult the whole nation, and, possibly, it may be necessary, in all cases, that its a.s.sent should be obtained. It has not been the practice of our government, it is believed, in its negotiations with the Indians, to inst.i.tute particular enquiries for the purpose of ascertaining, how far the chiefs were authorized to act by their people.
A number of treaties have been formed, at different times, in which the chiefs must have acted under the general authority with which they are clothed on this point; the circ.u.mstances of the case being such, as to have precluded all opportunity of their ascertaining the sense of the tribes, after the negotiations had been commenced.
In the case under consideration, notwithstanding the statement of Black Hawk, there was every reason, especially on the part of the Commissioner, for believing, that the chiefs who signed the treaty, were fully authorized to act. In the first place, Government, in its instructions to the Commissioner, to make a purchase of lands, of the Sacs and Foxes, had given as a reason for it, that it was a matter of complaint, on the part of these two tribes, that they were not, like their neighbors, receiving an annuity from the United States. They owned a very large extent of territory, and had, comparatively, but a limited population. It was natural that they should wish to dispose of some portion of it, for the purpose of receiving an annual supply of goods and money. In the second place, five chiefs of the Sacs and Foxes, united in the treaty, one of them, Pah-she-pa-ho, being at the time the great head-chief of the Sac nation. It is admitted by Black Hawk that a council had been held by these two tribes, and that Pah-she-pa-ho and his a.s.sociates had been authorized to visit St. Louis to purchase the release of a prisoner. It is probable that the sale of a part of their territory may have been agreed upon by this council. In the third place, there must have been a prevailing opinion in St. Louis, that these chiefs were authorized to act in the case. The treaty was publicly made, and a number of high-minded and honorable men, are parties to it, in the character of commissioner, secretary, and witnesses. Among them are several officers of the army; the first governor of the territory of Louisiana; and Pierre Chouteau, at that time Agent for the Sac and Fox Indians, and well acquainted with them. These circ.u.mstances forbid the idea of the treaty having been formed under circ.u.mstances in which there were not satisfactory reasons for believing, that the Indians, parties to it were fully authorized to act.
Black Hawk is mistaken in some things about this treaty, and it may be that he has been misinformed in regard to the authority of his chiefs to make this sale of their lands. He says, for instance, that the treaty was made some moons after the return of Lieutenant Pike from the sources of the Mississippi; when in fact Pike did not leave St. Louis upon his expedition, until the 9th of August 1805, nearly a year after the date of the treaty. Again, he says, it was made by four of the chiefs. The treaty is signed by five. But admitting that the deputation of chiefs transcended their authority in the sale of the lands, made at that time, it would seem that the Sacs and Foxes acquiesced in it. They never disavowed the treaty, but have regularly received their annuity, and, on more than one occasion, have recognized it, as binding. Even Black Hawk and his band, made this recognition, in the treaty of peace which they signed with the United States, at Portage des Sioux, in 1816.
It may be questioned, however, whether good faith towards the Indians and a due regard to national honor, do not make it expedient that our government should invariably hold its treaties with them, in their own country, and in the midst of the tribe owning the lands proposed to be purchased. In such case, the a.s.sent of all the Indians might be obtained, and the charge of having formed a fraudulent treaty, with unauthorized individuals, could never be raised. The peculiar relation subsisting between the government of the United States and the Indian tribes, within its territory, demands on on the part of the former, great delicacy of action, liberality and perfect good faith. By such a course, alone, can our national honor be preserved untarnished.
Subsequently to the treaty of 1804, the erection by the government of the United States, of Fort Madison on the Mississippi, above the Des Moines rapids, gave some dissatisfaction to the Sacs and Foxes. This was increased by the British agents and traders, who instigated them to resist the encroachments of the Americans, now beginning to press upon their hunting grounds. Of this interference on the part of the British, with the Indians, there can be no doubt. Governor Harrison in a letter to the secretary of war, dated Vincennes, July 15th, 1810, says, ”a considerable number of the Sacs went some time since to see the British superintendent, and on the first instant, more pa.s.sed Chicago, for the same destination.” General Clark, under date of St. Louis, July 20th, 1810, says, in writing to the same department, ”One hundred and fifty Sacs are on a visit to the British agent by invitation, and a smaller party on a visit to the island of St. Joseph, in lake Huron.” John Johnson, Esq. the Indian agent, at Fort Wayne, under date of August 7th, 1810, says, to the secretary at war, ”About one hundred Saukees have returned from the British agent, who supplied them liberally with every thing they stood in need of. The party received forty-seven rifles, and a number of fusils with plenty of powder and lead.”
McKee, Dixon, and Girty were open and active agents in exciting the Indians to attack the American frontiers. They held frequent talks with them and supplied them liberally with goods and munitions of war. In 1811, there being a strong probability of a war with Great Britain, a deputation of the Sauks and Foxes, visited Was.h.i.+ngton city, to see the President, by whom they were told that in the event of a war taking place with England, their great father did not wish them to interfere on either side, but to remain neutral: He did not want their a.s.sistance but desired them to hunt and support their families and live in peace.
Immediately after the war of 1812, the Sacs and Foxes, with whom, as with Indians generally, war is the great business of life, felt that they ought, as a matter of course, to take sides with one party or the other, and went to St. Louis, to offer their services to the United States agent, to fight against the British; but the offer was declined, on the ground that the government of the United States had resolved not to employ the Indians in that capacity. The machinations of the British, were successfully continued. The Sacs and Foxes divided upon the question of taking up arms against the United States. A part of them claimed the protection of the American government and received it; a part joined the British standard, Black Hawk among the number, and fought against the Americans until the peace of 1815. The number of warriors who joined the British is supposed to have been about two hundred, and they have ever since been known as the ”British Band,” at the head of which has been ”General Black Hawk.”
On the 14th September, 1815, William Clark, Ninian Edwards and Auguste Choteau, commissioners on behalf of the United States, concluded a treaty with the chiefs and warriors of the Fox tribe, by which all injuries and acts of hostility, committed by either party during the late war, were to be forgiven, and peace and friends.h.i.+p established between the two nations. The fourth article of the treaty contains a recognition of the former treaty in these words. ”The said Fox tribe or nation do hereby, a.s.sent to, recognize, re-establish and confirm the treaty of St. Louis, which was concluded on the 3rd of November, 1804, to the full extent of their interest in the same, as well as all other contracts and agreements between the parties.” This treaty was made at Portage des Sioux.
On the 13th of September, 1815, the same commissioners, at the same place, concluded a treaty of peace and friends.h.i.+p with the chiefs and warriors of that part of Sac nation of Indians residing on the Mississippi river. The first article recognizes the treaty of 1804 in the following words. ”The undersigned chiefs and warriors for themselves and that portion of the Sacs which they represent, do hereby a.s.sent to the treaty between the United States of America and the united tribes of Sacs and Foxes, which was concluded at St. Louis on the third of November 1804; and they moreover promise to do all in their power to re-establish and enforce the same.” There is a further provision that they will remain distinct and separate from the Sacs of Rock river, giving them no a.s.sistance whatever, until peace shall be established between them and the United States. The Sacs on Rock river were that part of the tribe which had been engaged in the late war, and who now declined making a treaty with the United States, and continued, although officially notified of the peace, to commit occasional depredations on the frontiers; and, it was not until the following spring that hostilities on their part actually ceased.
On the 13th of May, 1816, the same commissioners effected a treaty with the chiefs and warriors of the Sacs of Rock river, and the adjacent country. The first article of this treaty provides, that, ”The Sacs of Rock river and the adjacent country, do hereby unconditionally a.s.sent to, recognize, re-establish and confirm the treaty between the United States of America and the united tribes of Sacs and Foxes, which was concluded at St. Louis on the 3d November 1804, as well as all other contracts and agreements, heretofore made between the Sac tribe and the United States.” Under the 9th article of the treaty of Ghent, concluded 24th December 1814, between the United States and Great Britain, it was stipulated, that each party should put an end to Indian hostilities within their respective territory, and place the tribes on the same footing upon which they stood before the war. Under this provision, the second article of the treaty with the Sacs of Rock river, stipulated that they are placed upon the same footing which they occupied before the late war, upon the single condition of their restoring the property stolen by them, from the whites, subsequent to their notification that peace had been made between the United States and Great Britain.
Under the 9th article of the treaty of 1804, the United States agreed to establish a trading-house to supply the Sacs and Foxes with goods at a more reasonable rate than they had been accustomed to procure them. On the third of September 1822, Maj. Thomas Forsyth, the U.S. Indian agent, made a treaty at Fort Armstrong, with the chiefs, warriors and head men of the Sacs and Foxes, by which, in consideration of the sum of one thousand dollars, they forever released the United States from all obligation contained in said ninth article of the treaty of 1804.
On the fourth of August 1824, at Was.h.i.+ngton city, William Clark, Indian agent and sole commissioner of the United States, effected a treaty with the Sacs and Foxes through their chiefs and head men, by which, for the sum of one thousand dollars per annum for ten years, they ceded all their interest and t.i.tle to any lands claimed by them in the state of Missouri, which are situated, lying and being between the Mississippi and Missouri rivers, and a line running from the Missouri at the entrance of Kansas river, north one hundred miles, to the north west corner of the state of Missouri, and from thence east to the Mississippi. By this treaty, these tribes acknowledged the land east and south of the lines above described, so far as the Indians claim the same, to belong to the United States, and that none of their tribes shall be permitted to settle or hunt upon any part of it, after the first day of January 1826, without permission from the Superintendent of Indian affairs.
Upon the 19th of August 1825, William Clark and Lewis Ca.s.s, Commissioners on behalf of the United States, concluded a treaty at Prairie du Chien, in the territory of Michigan, with the chiefs and warriors of the Sioux, Winnebagoes, Menominees, Chippewas, Ottawas, Pottawatamies, Sacs, Foxes and Ioways. The objects of this treaty were the restoration of peace among the Indian tribes, several of whom had been for some time waging war against each other; the settlement of boundary lines between these tribes respectively, and between them and the United States. The Commissioners succeeded in effecting a peace between the Sioux and Chippeways, and between the Sacs, Foxes and Ioways on the one part, and the Sioux on the other; and also in adjusting the boundary lines of the territory of each tribe to the satisfaction of all parties. Under this treaty nothing was asked by the United States nor was any thing granted to them: the character in which the government presented itself, being simply that of a pacificator.
The concourse of Indians a.s.sembled at this council was very great. About 3000 came to the council ground, clothed in their war dresses, and armed with bows, war-clubs and tomahawks. The Sacs and Foxes were the last to arrive, but were very imposing and warlike in their appearance when they reached the ground. They ascended the Mississippi, to Prairie du Chien, in a fleet of canoes, lashed together. They pa.s.sed and repa.s.sed the town in a connected squadron, standing erect, in their canoes, in full dress, singing their war songs. Upon landing, they drew up in martial order, as if in warlike defiance of their bitter enemies, the Sioux, who were encamped near the sh.o.r.e, and who in turn shot back the fierce look of hostility upon their ancient foe. An eye witness describes this scene as one unique and singularly magnificent. The council was held under a s.p.a.cious booth of green boughs, and lasted for several days. Keokuk was present on this occasion, as the head chief of the Sacs, and took an active part in the council; his course being marked by that moderation and sound policy, for which he is eminently distinguished.
[Ill.u.s.tration: COUNCIL GROUND AT PRAIRIE DU CHIENS]
In the early part of the year 1828, the President of the United States, appointed Governor Ca.s.s and Colonel Pierre Menard, to treat with certain tribes of Indians for the cession of what is called the ”mineral region”
lying on the Mississippi, south of the Wisconsin. The commissioners arrived at Green Bay late in the summer of that year, and on the 25th of August, made a temporary agreement with the Indians, by which the whites were allowed to occupy the country where the lead mines were worked; and in the ensuing year a treaty was to be held with the Indians for the purchase of the mineral country: in the mean time, no white was to cross a certain line, described in said agreement, to dig for ore; and finally the Indians were paid twenty thousand dollars in goods, for the trespa.s.ses already committed on their lands by the miners. This agreement was ratified by the President and senate of the United States on the 7th January, 1829. Soon after President Jackson came into office in 1829, he appointed General McNeil of the army, to fill the place of Governor Ca.s.s in the said commission, which was to meet at St. Louis and under the agreement above described, proceed to the mineral region, to effect by treaty, its purchase. In consequence of some disagreement in opinion between these two commissioners, the President subsequently united with them, Caleb At.w.a.ter, Esq. of Ohio. They reached Prairie du Chien about the middle of July, where they met deputies on the part of the Winnebagoes, Chippeways, Ottowas, Pottawatimies, Sioux, Sauks, Foxes and Menominees; and on the first of August, a treaty was concluded for about eight millions of acres, extending from the upper end of Rock island to the mouth of the Wisconsin, from lat.i.tude 41 15' to lat.i.tude 43 15' on the Mississippi. Following the meanderings of the river the tract is about two hundred and forty miles from south to north. It extends along the Wisconsin and Fox rivers from west to east so as to give a pa.s.sage across the country from the Mississippi to lake Michigan.
At this treaty Keokuk and Morgan, with two hundred warriors of the Sac and Fox tribes were present, and according to the statement of one of the commissioners, rendered essential service to them, by intimidating the Winebagoes, who from some dissatisfaction, threatened to a.s.sa.s.sinate the commissioners and those a.s.sociated with them.