CHAPTER II.
BRITISH INTRIGUE AGAINST THE FRONTIERS–HATRED OF THE AMERICANS–TREATY OF
1804.
By the treaty of Paris, Sept. 3, 1783, Great Britain covenanted to
surrender certain western forts which were of great strategic importance
to the Americans in protecting the frontier from Indian incursions and
also in dealing with such as were disposed to treat honorably with the
Government. The compact was solemnly made and signed, but, disgruntled
from the loss of her colonies, the British government sent secret
instructions to its garrisons to retain these forts, and in consequence
not one of them was surrendered. Nor was this the only violation by the
British of their engagements. Agents were set to work over our vast
frontier to foment insubordination among the Indians against American
domination. These Indians were supplied with provisions and arms and
incited openly to war against the whites and drive them back east of the
mountains, and year after year they continued until the sickening
horrors of the stake and scalping knife were sweeping the feeble
settlements of the West from end to end.
France and Spain, both with colonial possessions to the west, while
gratified to see England stripped of her possessions, were suspected of
aiding the design of the British to restrict American settlements to the
shores of the Atlantic. Spain claimed exclusive ownership of the
Mississippi and commerce upon her waters by Americans was prohibited.
The “dark and bloody ground” of Kentucky, long the scene of carnage, was
made the first scene of British intrigue, where the atrocities of the
Indians were the most frightful in history. The tribes of Ohio and
Indiana, which were in the league, penetrated the settlements of the
whites, deluging the land with the blood of innocent women and children.
The Government, hopelessly involved with debt and graver questions of
state, could offer the struggling settlers no relief, and thus alone
they were forced to stand in hourly fear of butchery. They grew to look
for no help save in their own resources, and yearly meeting with
defiance, a pioneer community of militant husbandmen gradually grew and
moved westward; instinctively taught to rush to arms upon the breaking
of a twig or the rustle of a leaf in defense of their defenseless loved
ones in the cabin. When, therefore, Black Hawk lent a willing ear to the
British agent, accepted his presents and performed his murderous
behests, which he did, he should have expected the awful consequences of
defeat and annihilation which followed his years of hypocrisy, and
accepted the Government’s final requital with gratitude, or at least
Indian stolidity, instead of snarling at his fate and constantly
bewailing the elevation of others over him who had loyally stood by the
Americans and their Government in perilous times. He invited destruction
and was destroyed. The attention of the student is directed to this
phase of Black Hawk’s character as it develops in these pages down to
his defeat, August 2d, 1832.
The Sacs were originally British Indians, domiciled near Montreal. By
constant quarrels and wars with their neighbors their tribes, once
numerous and powerful, were reduced to a remnant and finally driven from
the country altogether. They settled in Wisconsin, where they met the
Foxes, similarly driven from Canada, and the two tribes immediately
combined, ever after being considered as a confederated nation. They
again grew powerful and arrogant and became involved in wars with their
neighbors. At the time of the last French and English war they took
sides with the English and received from that source presents for many
years. This British sympathy was born in Black Hawk, and continued with
him, growing in intensity as the Americans expanded and defeated the
English, until it became positive hatred[12]. When, therefore, he
repeats the statement that he heard bad accounts of the Americans in
1803, and then asserts that all his differences with the Americans date
from the signing of the treaty of 1804, he states that which cannot be
received with confidence. Prior to 1803 he never had found himself in
contact with the Americans to an extent worthy of note, and no cause,
real or imaginary, had been given him for a difference, yet on leaving
the Spanish father, mentioned in the last chapter, he catches a rumor,
adopts a prejudice and dictates for his autobiography the following
ill-natured words, false to begin with and as malignant as he was
generally found to be in speaking or writing of the Americans: “I
inquired the cause and was informed that the Americans were coming to
take possession of the town and country, and that we should lose our
Spanish father. This news made myself and band sad, because we had
always heard _bad accounts_ of the Americans from Indians who had lived
near them.”
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[Illustration: KE-O-KUK.]
[Illustration: PA-SHE-PA-HO.]
[Illustration: ANTOINE LE CLAIRE.]
[Illustration: J.B. PATTERSON.]
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During the years 1803 and 1804, Gov. William Henry Harrison of Indiana
concluded treaties with the Kaskaskias and the Wabash tribes, obtaining
thereby title to a large extent of country south of the Illinois River.
Having an immense stretch of country unserviceable for fishing and
hunting, many of the Sacs and Foxes considered it desirable to receive
annuities,[13] after the manner of the Wabash tribes. A bad hunt could
thus be recouped in a certain money stipend. Accordingly, slight
overtures were thrown out to this effect. The Sacs and Foxes roamed
north of the Illinois River, like the fugitive buffalo or lonesome bird
of passage. Those broad prairies afforded them no subsistence in hunting
or fishing. The bare claim to possession was their sole exercise of it,
and that frail tenure had been wrenched by conquest from others without
compensation in the smallest degree. Along the streams a few harmless,
nondescript Indians and tribal remnants lived, or rather remained, as
dependent vassals of the mighty Sacs and Foxes, but these were so
inconspicuous and weak as to be ignored by both the whites and Indians
in treaties.
There can be no doubt of a knowledge by the Government of this desire
for annuities by the Sacs and Foxes. President Jefferson was not the man
to simulate the existence of any unfair postulate in treating with the
Indians, who were at all times objects of his especial solicitude.
Accordingly, on the 27th day of June, 1804, he directed Governor
Harrison to treat with the Sacs and Foxes and obtain cessions of lands
on both sides the Illinois River, granting as a consideration therefor
an annual compensation. Agreeably with his instructions, Governor
Harrison called the head chiefs of the consolidated tribes to meet him
at St. Louis, which Pashepaho, head chief of the Sacs, Layowvois,
Quashquame, Outchequaha and Hashequarhiqua did. Here, on November 3d,
the following treaty was solemnly made and signed:
Articles of a Treaty, made at St. Louis, in the district of Louisiana,
between William Henry Harrison, Governor of the Indiana Territory and
the District of Louisiana, Superintendent of Indian affairs for the said
Territory and district and Commissioner plenipotentiary of the United
States, for concluding any treaty or treaties, which may be found
necessary with any of the Northwestern tribes of Indians, of the one
part; and the Chiefs and head men of the united Sac and Fox tribes of
the other part.
Article 1. The United States receive the united Sac and Fox tribes into
their friendship and protection and the said tribes agree to consider
themselves under the protection of the United States, and no other power
whatsoever.
Art. 2. The General boundary line between the land of the United States
and the said Indian tribes shall be as follows, to wit: Beginning at a
point on the Missouri River opposite to the mouth of the Gasconade
River; thence, in a direct course so as to strike the River Jeffreon, at
the distance of 30 miles from its mouth and down the said Jeffreon to
the Mississippi; thence, up the Mississippi to the mouth of the
Ouisconsing River, and up the same to a point which shall be 36 miles in
a direct line from the mouth of the said river, thence, by a direct line
to the point where the Fox River (a branch of the Illinois) leaves the
small Lake called Sakaegan; thence, down the Fox River to the Illinois
River, and down the same to the Mississippi. And the said tribes, for
and in consideration of the friendship and protection of the United
States, which is now extended to them, of the goods (to the value of two
thousand two hundred and thirty-four dollars and fifty cents) which are
now delivered, and of the annuity hereinafter stipulated to be paid, do
hereby cede and relinquish forever, to the United States, all the lands
included within the above described boundary.
Art. 3. In consideration of the cession and relinquishment of land made
in the preceding article, the United States will deliver to the said
tribes, at the town of St. Louis, or some other convenient place on the
Mississippi, yearly and every year, goods suited to the circumstances of
the Indians of the value of one thousand dollars (six hundred of which
are intended for the Sacs and four hundred for the Foxes), reckoning
that value at the first cost of the goods in the City or place in the
United States, where they shall be procured. And if the said tribes
shall hereafter at an annual delivery of the goods aforesaid, desire
that a part of their annuity should be furnished in domestic animals,
implements of husbandry, and other utensils, convenient for them, or in
compensation to useful artificers, who may reside with or near them, and
be employed for their benefit, the same shall, at the subsequent annual
delivery, be furnished accordingly.
Art. 4. The United States will never interrupt the said tribes in the
possession of the lands, which they rightfully claim, but will, on the
contrary, protect them in the quiet enjoyment of the same against their
own citizens and against all other white persons, who may intrude upon
them. And the said tribes do hereby engage that they will never sell
their lands, or any part thereof, to any sovereign power but the United
States, nor to the citizens or subjects of any other sovereign power,
nor to the citizens of the United States.
Art. 5. Lest the friendship, which is now established between the United
States and the said Indian Tribes should be interrupted by the
misconduct of individuals, it is hereby agreed that for injuries done by
individuals no private revenge or retaliation shall take place, but
instead thereof, complaint shall be made by the party injured to the
other by the said tribe, or either of them, to the superintendent of
Indian affairs, or one of his deputies; and by the superintendent, or
other person appointed by the President, to the Chiefs of the said
tribes. And it shall be the duty of the said chiefs, upon complaint
being made, as aforesaid, to deliver up the person, or persons, against
whom the complaint is made, to the end that he or they may be punished
agreeably to the laws of the state or territory where the offence may
have been committed. And, in like manner, if any robbery, violence or
murder shall be committed on any Indian, or Indians, belonging to the
said tribes, or either of them, the person or persons so offending shall
be tried, and, if found guilty, punished in the like manner as if the
injury had been done to a white man. And, it is farther agreed, that the
chiefs of the said tribes shall, to the utmost of their power, exert
themselves to recover horses or other property which may be stolen from
any citizen or citizens of the United States by any individual or
individuals of their tribes. And the property so recovered shall be
forthwith delivered to the superintendent or other person authorized to
receive it that it may be restored to the proper owner. And in cases
where the exertions of the chiefs shall be ineffectual in recovering the
property stolen, as aforesaid, if sufficient proof can be obtained, that
such property was actually stolen by any Indian or Indians belonging to
the said tribes, or either of them, the United States may deduct from
the annuity of the said tribes, a sum equal to the value of the property
which has been stolen, And the United States hereby guarantee to any
Indian or Indians of the said tribes a full indemnification for any
horses, or other property which may be stolen from them, by any of their
citizens; Provided that the property so stolen cannot be recovered, and
that sufficient proof is produced that it was actually stolen by a
citizen of the United States.
Art. 6. If any citizen of the United States, or any other white person,
should form a settlement, upon the lands which are the property of the
Sac and Fox tribes, upon complaint being made thereof, to the
superintendent, or other person having charge of the affairs of the
Indians, such intruders shall forthwith be removed.
Art. 7. As long as the lands which are now ceded to the United States
remain their property, the Indians belonging to the said tribes shall
enjoy the privilege of living and hunting upon them.
Art. 8. As the laws of the United States regulating trade and
intercourse with the Indian tribes are already extended to the country
inhabited by the Sauks and Foxes, and as it is provided by those laws,
that no person shall reside as a trader, in the Indian country, without
a license, under the hand and seal of the Superintendent of Indian
Affairs, or other person appointed for the purpose by the President, the
said tribes do promise and agree that they will not suffer any trader to
reside amongst them without such license, and that they will, from time
to time, give notice to the Superintendent, or to the Agent, for their
tribes, of all the traders that may be in their country.
Art 9. In order to put a stop to the abuses and impositions, which are
practiced upon the said tribes by the private traders, the United
States, will, at a convenient time, establish a trading house, or
factory, where the individuals of the said tribes can be supplied with
goods at a more reasonable rate than they have been accustomed to
procure them.
Art. 10. In order to evince the sincerity of their friendship and
affection for the United States, and a respectful deference for their
advice, by an act which will not only be acceptable to them, but by the
Common Father of all the nations of the Earth, the said tribes do,
hereby solemnly promise and agree that they will put an end to the
bloody war which has heretofore raged between their tribes and those of
the great and little Osages. And for the purpose of burying the tomahawk
and renewing the friendly intercourse between themselves and the Osages,
a meeting of their respective Chiefs shall take place, at which, under
the direction of the above named Commissioner, or the Agent of Indian
affairs residing at St. Louis, an adjustment of all their differences
shall be made and peace established, upon a firm and lasting basis.
Art. 11. As it is probable that the Government of the United States will
establish a Military Post at, or near the mouth, of the Ouisconsing
River, and as the land on the lower side of the River may not be
suitable for that purpose, the said tribes hereby agree, that a Fort may
be built, either on the upper side of the Ouisconsing, or on the right
bank of the Mississippi, as the one or the other may be found most
convenient; and a tract of land not exceeding two miles square, shall be
given for that purpose. And the said tribes do further agree, that they
will at all times, allow to traders and other persons traveling through
their country, under the authority of the United States, a free and safe
passage for themselves and their property of every description. And that
for such passage, they shall at no time, and on no account whatever, be
subject to any toll or exaction.
Art. 12. This Treaty shall take effect and be obligatory on the
contracting parties, as soon as the same shall have been ratified by the
President, by and with the advice and consent of the Senate of the
United States.
In testimony whereof, the said William Henry Harrison, and the Chiefs
and headmen of the said Sac and Fox tribes, have hereunto set their
hands and affixed their seals. Done at Saint Louis, in the district of
Louisiana, on the third day of November, One Thousand Eight Hundred and
Four, and of the independence of the United States the Twenty-Ninth.
ADDITIONAL ARTICLE.
It is agreed that nothing in this treaty contained shall affect the
claim of any individual or individuals, who may have obtained grants of
Land from the Spanish Government and which are not included within the
general boundary line laid down in this treaty: PROVIDED, that such
grant have at any time been made known to the said tribes and recognized
by them.
WILLIAM HENRY HARRISON, [L.S.]
LAYOWVOIS, _or_ LAIYUVA, [L.S.]
_His_ (X) _Mark._
PASHEPAHO, _or_ THE STABBER, [L.S.]
_His_ (X) _Mark._
QUASHQUAME, _or_ JUMPING FISH, [L.S.]
_His_ (X) _Mark._
OUTCHEQUAHA, _or_ SUN FISH, [L.S.]
_His_ (X) _Mark._
HASHEQUARHIQUA, _or_ THE BEAR, [L.S.]
_His_ (X) _Mark._
In presence of
WM. PRINCE, _Sec’y to the Commissioner_.
JOHN GRIFFIN, _one of the judges of the
Indiana Territory_.
J. BRUFF, _Maj. Art’ry, U.S._
AMOS STODDARD, _Capt. Corps of
Artillerists_.
P. CHOUTEAU, _Agent de la haute Louisiana
pour le department Sauvage_.
CH. GRATIOT.
AUG. CHOUTEAU.
VIGO S. WARREL, _Lieut. U.S. Artillery_.
D. DELAUNEY.
Sworn Interpreters: JOS. BARRON.
HYPOLITE BOLEN,
_His_ (X) _Mark._
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