AMERICAN STATE PAPERS.
________________
CLASS VIII.
LEGISLATIVE AND EXECUTIVE,
OF THE
CONGRESS OF THE UNITED STATES,
FROM
THE FIRST SESSION OF THE FIRST TO THE THIRD SESSION OF THE
THIRTEENTH CONGRESS INCLUSIVE:
COMMENCING MARCH 3, 1789, AND ENDING MARCH 3, 1815.
___________________
SELECTED AND EDITED, UNDER THE AUTHORITY OF CONGRESS,
BY WALTER LOWRIE, Secretary of the Senate,
AND
MATTHEW ST. CLAIR CLARKE, Clerk of the House of Representatives.
_______________
VOLUME 1
_______________
WASHINGTON:
PUBLISHED
BY GALES AND SEATON
________
1832.
American State Papers,
Public Lands, vol. 1
|
1792.] |
ILLINOIS AND WABASH LAND COMPANIES. |
27 |
|
2d CONGRESS.] |
No. 11 |
[1st SESSION. |
Mr. STRONG, from the committee of the Senate, to whom was referred the memorial
of the Illinois and Wabash
Land Company, made the following report:
That the claims of the petitioners are founded on two deeds mentioned in the said petition, one of which, to William Murray and others, who are called the Illinois company, is dated July 5th, 1773, and the other to Lord Dunmore and others, who are styled the Wabash company, bears date October 18th, 1775.
That the said petitioners have proposed to surrender and convey to the United States all the lands described or meant to be described in the abovementioned deeds from the Indians, on the proviso that the United States re-convey to the company one-fourth part of the said lands.
That, in the opinion of the committee, deeds obtained by private persons from the Indians without any antecedent authority or subsequent confirmation from the Government, could not vest in the grantees mentioned in such deeds a title to the lands therein described.
That the said petitioners do not suggest any such antecedent authority or subsequent confirmation in the present case; and therefore, in the opinion of the committee, the said petitioners have not a legal title to the said lands.
That the proceeds of the sales of lands in the Western territory, belonging to the United States, are appropriated towards discharging the debts for the payment whereof the United States are holden.
The petitioners allege that the considerations specified in the said deeds were paid to the Indians, and were at least as valuable as any that were given on similar occasions, and that the Indians named in the said deeds, were owners of the land. On these points the committee give no opinion. But, for the reasons above expressed, they think it would not be expedient in the Government of the United States to accede to the aforementioned proposition of the petitioners.
______
To the Honorable the Senate of the United
States, the memorial of the Illinois and Wabash Land Company most
respectfully showeth:
That, during the years 1773 and 1775, your memorialists purchased from different Indian tribes, aborigines and possessors of the country, lying on part of the waters of the rivers Illinois and Wabash, two parcels of land, as described in the deeds now in their possession, and which, when required, are ready to be produced.
That the consideration, as specified in the aforementioned deeds, was at least as valuable as any that was given on similar occasions; that the negotiation was of the most public notoriety; that the meaning and intention of the parties were interpreted and explained by persons duly qualified, of whom His Britannic Majesty's interpreter was one, all deposing that they were present, either at the delivery of the bargained property to the Indians, or at the execution of the deed, as will be found authenticated by Hugh Lord, Esquire, captain in the eighteenth British regiment, and then commanding in that territory. The registry of Kaskaskias will also show the record of the whole transaction.
That further formalities (if from the British Government, more were necessary to be obtained) were prevented by the almost immediate rupture with Great Britain.
That the property of the lands in question was, at the time of purchase, in the natives.
That, however clear the claim of the company to the whole of their purchase may be, they hesitate not to express their willingness and desire that a reasonable compromise upon the subject may take place between the United States and them.
They therefore pray, that your honorable House may appoint a committee to hear and report upon the justice of their case, and such proposals as they shall lay before it.
This prayer they, with confidence, hope will be complied with, both from your known love of justice and the evident advantage that must result to the community, if, by a compromise with the company, the necessity of a second purchase from the natives would be precluded. Of this, but little doubt can be entertained, since the Indians never have denied, and are still ready, as the company are credibly informed, to acknowledge the honesty of the purchase made from them by your memorialist.
By order, and on behalf of the company,
|
JAMES WILSON. |
DECEMBER 12, 1791.
NOTE.- For report of the committee of the House of Representatives, see No. 12.
|
2d CONGRESS.] |
No. 12. |
[1st SESSION. |
ILLINOIS AND WABASH LAND COMPANIES.
COMMUNICATED TO THE HOUSE OF REPRESENTATIVES, APRIL 3, 1792.
Mr. LIVERMORE, from the committee to whom was referred the memorial of the Illinois and Wabash Land Companies,
made the following report:
That the claims of the petitioners are founded on two deeds mentioned in the said petition, one of which, to William Murray and others, who are called the Illinois company, is dated July 5th, 1773, and the other to Lord Dunmore and others, who are styled the Wabash company, bears date October 18th, 1775.
That the said petitioners have proposed to surrender and convey to the United States all the lands described or meant to be described in the above mentioned deeds from the Indians, on the proviso that the United States re-convey to the company one-fourth part of the said lands.
That in the opinion of the committee, the said deeds being given by the Indians, proprietors of the soil, before the declaration of the independence of the United States, for a valuable consideration bona fide paid, are sufficient to extinguish the Indian title to the lands therein described; and, therefore, that, on principles of justice and equity, the United States should agree to the proposal aforesaid made by the petitioners.
NOTE.- For adverse report and memorial see No. 11.
American State Papers,
Public Lands, vol. 1
72 |
PUBLIC LANDS. |
[1797. |
court issued patents therefor, which were recorded. That they employed a person to erect a cabin, and to clear and fence a small piece of ground, on each of their lots; that the person whom they employed afterwards fell by the Indians. That, in 1786, they proceeded to the rapids of the Ohio, with an intent to settle said lands, but found the attempt too hazardous. That they have since made two other attempts to settle said lands, but have been prevented by Indian hostilities. That, in 1796, they applied to Governor Sinclair for a confirmation of their titles to said lands, but the Governor, on full consideration, hath declined confirming their titles. They pray for a confirmation of their titles to said lands.
The committee did not find any vouchers accompanying this petition, or any person possessed of vouchers, to establish the facts therein stated; they did not, however, think it necessary to delay their report for the purpose of receiving proofs, as the petition itself, in the opinion of the committee, afforded sufficient consideration on which to ground a report.
The committee have not found any document which authorized the District Court at Post St. Vincennes, in the year 1786, to grant the lands of the United States, or issue patents therefor; they are of opinion that every grant, at that time, by the court was unauthorized and void.
On examining the Journals of Congress, the committee find that measures were adopted, soon after the American war, to quiet ancient settlers in the lands they possessed, in the year 1783, at Post St. Vincennes, and to prevent intruders from possessing the lands of the United States in that vicinity; and, so early as April, 1787, Congress directed a military force to dispossess certain lawless intruders who had taken possession of Post St. Vincennes.
The committee further find that, in March, 1791, Congress passed an act to quiet the ancient settlers at Post St. Vincennes in their lands, and likewise, in the same act, authorized the Governor of the Northwestern territory to confirm to the actual settlers at that place such land or parts thereof as they had obtained by supposed grants from any court claiming authority to make such grants, not exceeding four hundred acres to each settler.
As these petitioners did not come within the provisions of this act, not having been actual settlers at Post St. Vincennes, their claim was rejected by the Governor of the Northwestern territory; and the committee are of opinion that Congress have gone as far in that act to quiet the unauthorized settlements at that place as justice or policy requires, and that the claim of these petitioners, having nothing to support it but a grant issued from a tribunal unauthorized to make it, ought to be rejected.
|
4th CONGRESS.] |
No. 30. |
[2d SESSION. |
ILLINOIS AND WABASH LAND COMPANY
COMMUNICATED TO THE SENATE, JANUARY 13, 1797.
To the Senate and House of Representatives
of the United States of America in Congress assembled, the
memorial of the Illinois and Wabash Land Company respectfully showeth:
That your memorialists, with all deference, as becometh good and faithful citizens, have heretofore presented sundry memorials and petitions to Congress, setting forth their claim and title to certain lands lawfully and bona fide purchased, as they conceive, from the native lords and absolute proprietors of the soil, under the sanction of the British Government, prior to the Revolution and declaration of American independence; that our first memorial and petition was taken up in the year 1781, by the committee to whom the cessions of New York, Virginia, Connecticut, and the petitions of the Indiana, Vandalia, and the said Illinois and Wabash Land Companies were referred, and a report thereupon made to Congress; but it does not appear that the said report was any further acted upon, under the old confederation, than so far as related to the land cessions of the said three States of New York, Virginia, and Connecticut, the claims of the private companies being postponed or left undetermined; that the Illinois and Wabash company continued to prosecute their claim, by subsequent memorials and petitions to Congress, until the formation and adoption of the present happy constitution of the United States, and then afterwards took an early opportunity to renew their memorials and petitions to the Senate and House of Representatives, recapitulating their former memorials and petitions, and stating anew-
1. That their purchase was made with full notoriety, from Indian tribes, aborigines, and lawful possessors of the soil, who, being free and independent, and having never alienated their property nor the pre-emption thereof, had, at the time of the purchase by your memorialists, an absolute and indefeasible right to sell and convey the same to any persons or companies whomsoever, and that they did sell and convey, accordingly, to your memorialists, no law or prerogative of any power on earth prohibiting, or having a right to prohibit them, by treaty or conquest, or otherwise, in their transactions or doings.
2. That the said purchase was made antecedent to the American Revolution, in open council, at a public treaty held under the sanction and authority of the Crown of Great Britain, and when it was well understood that such purchase was lawful from any of the native lords of the soil (the Six Nations only excepted, who had sold the right of their territory to the Crown of Great Britain.)
In support of this doctrine your memorialists submitted to the committees of both Houses of Congress the following law documents, as set forth more at large in the printed state of their case, which accompanies this memorial, viz:
The great Crown lawyers of England, Pratt, Yorke, and Dunning, two of whom were afterwards Lords Chancellors of the realm, gave their opinion to the Crown as followeth, viz:
"That, with respect to such places as have been or shall be acquired by treaty or grant from any of the Indian Princes or Governments, even the King's letters patents or confirmation was not necessary, the property of the soil vesting in the grantees by the Indian grants, subject only to His Majesty's right of sovereignty over the settlements, as English settlements, and over the inhabitants, as English subjects."
In the famous case of Major Mason's purchase of the Moheagan Indians, on the 15th of August, 1659, (which was litigated for near seventy years, and at last determined in England before the highest appellate judicature for the colonies) the greatest law characters, (some of whom have been mentioned before) such as Yorke, De Grey, Dunning, Jackson, Wedderburne, &c. being concerned, it was agreed in every stage of the transaction, and decided after repeated hearings, "that the royal grant, subsequent to Mason's purchase from the natives, could give no legal title to the lands in dispute; and, although a title might have been unquestionably derived under the charter of Connecticut, and subsequent patents from the colony, yet that title was deserted by the counsel on both sides, and the title to the lands established upon the foundation of the Indian deeds, and the conveyance made by Major Mason to the colony, (although the deeds from the Indians appeared to be attended with many exceptionable circumstances) and the payment of the consideration to the natives, at such distance of time and place, could not be fully proved."
That the purchase made by your memorialists was not only notorious and of recent date, has been stated above; and the consideration specified in the deeds was bona fide paid by the company, in open council, at the said public
American State Papers,
Public Lands, vol. 1
|
1797.] |
ILLINOIS AND WABASH LAND COMPANIES. |
73 |
treaty, the receipt thereof publicly acknowledged in the body of the deeds then publicly executed, and the deeds themselves acknowledged and recorded, in the proper places of record in the country, according to law, in the Government then existing.
That the consideration paid (besides many valuable presents made during the treaty) exceed in value what had ever before been paid for any similar purchase, by States or individuals, and the receipt of the same as well as the validity of the purchase never denied, but on all subsequent public occasions constantly acknowledged by the said tribes and nations, and their descendants, to the present day. Nor have any other nation or nations, tribe or tribes of Indians, set up or pretended any right or claim to the lands in question, nor any State or individual citizen or citizens to the pre-emption right of the same.
That such being the state of your memorialists' claim and title prior to the declaration of the independence of the United States, they conceive their rights remain sound and unforfeited, and have never been relinquished under the Revolution, nor can be touched by any ex post facto ordinance or law, but continue unimpeached and upon the same basis of law and equity as they were under the British Government prior to the Revolution, saving to the United States the sovereignty over the citizens and settlers in point of jurisdiction and Government.
That your memorialists, nevertheless, considering the extent of their purchase and title, and that from reasons of policy and public good, States as well as individual companies and societies may and ought to accommodate their interests to the interests and good order of the General Government; and, considering further, that subsequent negotiations with the native Indians, notwithstanding the alienation of their property, may be necessary, in order to complete settlement of their country, with their perfect consent, so far as sold and alienated, your memorialists, in their last (in part) recited memorial proposed "to surrender and convey to the United States the lands described or meant to be described in their deeds from the Indians, on the proviso that the United States re-convey to the company one-fourth part of the said lands to the company, according to such location or locations of the same as may be reasonable agreed upon, whereby the United States may derive from the true and native proprietors of the soil a just and absolute title to a large and valuable tract of country not otherwise treated for nor purchased by them, nor the pre-emption thereof, and this without any new purchase or consideration, except so far as is usual in the recognition of purchases, and brightening the chain of friendship at subsequent treaties."
That, in pursuance of our former memorial to the effect above stated, the Senate and House of Representatives appointed committees of their respective bodies to take the same into consideration, and report thereon; that the said committees having met jointly and heard them, (your memorialists) were please to report separately, viz:
The committee of the Senate reported as followeth, viz:
"The committee of the Senate, to whom was referred the memorial of the Illinois and Wabash Land Companies,
report:
That the claims of the petitioners are founded on two deeds mentioned in the said petition; one of which, to William Murray and others, who are called the Illinois Company, is dated July 5th, 1773, and the other to Lord Dunmore and others, who are styled the Wabash Company, bears date October 18th, 1775.
That the said petitioners have proposed to surrender and convey to the United States all the lands described, or meant to be described, in the abovementioned deeds from the Indians, on the proviso that the United States re-convey to the company one-fourth part of the said lands.
That, in the opinion of the committee, deeds obtained by private persons from the Indians, without any antecedent authority or subsequent confirmation from the Government, could not vest in the grantees mentioned in such deeds a title to the lands therein described.
That the petitioners do not suggest any such antecedent authority, or subsequent confirmation, in the present case; and, therefore, in the opinion of the committee, the said petitioners have not a legal title to the said lands.
That the proceeds of the sales of lands in the Western territory belonging to the United States are appropriated towards discharging the debts for the payment whereof the United States are holden.
The petitioners allege that the considerations specified in the said deeds were paid to the Indians, and were, at least as valuable as any that were given on similar occasions, and that the Indians named in the said deeds were owners of the land.
On these points the committee give no opinion; but, for the reasons above expressed, they think it would not be expedient for the Government of the United States to accede to the aforementioned proposition of the petitioners."
The committee of the House of Representatives reported as followeth, viz:
"The committee to whom was referred the memorial of the Illinois and Wabash Land Companies, report:
That the claims of the petitioners are founded on two deeds mentioned in the said petition, one of which, to William Murray and others, who are called the Illinois Company, is dated July 5th, 1773, and the other to Lord Dunmore and others, who are styled the Wabash Company, bears date October 18th, 1775.
That the said petitioners have proposed to surrender and convey to the United States all the lands described or meant to be described in the abovementioned deed from the Indians, on the proviso that the United States re-convey to the company one-fourth part of the said lands.
And that, in the opinion of the committee, the said deeds having been given by the Indians, proprietors of the soil, before the declaration of the independence of the United States, for a valuable consideration, bona fide paid, are sufficient to extinguish the Indian title to the lands therein described.
And, therefore, that, on principles of justice and equity, the United States should agree to the proposal aforesaid, made by the petitioners."
The foregoing reports have not yet been taken into discussion by either House of Congress, and your memorialist cannot help being urgent that a decision should be speedily had, as the original cost and interest, exclusive of the consideration money to the Indians, amounts to forty thousand pounds sterling, at least.
The report of the committee of the House of Representatives is, "That on the principles of equity and justice the United States should agree to our proposal." The report of the committee of the Senate is, that, "deeds obtained by private persons from the Indians, without any antecedent authority or subsequent confirmation from the Government, vest no title in the grantees." This, we have already shown, from the highest law authorities, was not the doctrine under the Government of Great Britain at the time of the purchase, and that no antecedent authority nor subsequent confirmation was necessary for that Government, except in the case of the Six Nation Indians, who alone had sold their pre-emption rights to that Government.
Your memorialist, therefore, anxious that this business should be brought to a speedy decision, comporting with the magnanimity of the United States and justice to all their citizens, respectfully pray that the reports of the committees aforesaid may be now taken up in their respective Houses, in order that, if a compromise cannot be made, agreeably to the principles of the memorial and the report of the committee of the House of Representatives, the Congress may, in their wisdom and justice, devise some method for a judicial decision of the principle on which the report of the committee of the Senate is founded. And your memorialists shall ever pray, &c.
By order and on behalf of the company.
|
JAMES WILSON, President. |
NOTE. This memorial was referred to a committee consisting of Messrs. Ross,
Livermore, Tracy, Tazewell, and Stockton, and on the 3d February, 1797, Mr.
Ross reported "That it will be expedient to adopt the report of the
committee of the Senate of the United States, made upon the memorial of this
Company on the 26th of March, 1792." (See No. 11.) On this report the
Senate passed the following resolution: (February 16, 1797) "Resolved,
That the report be adopted."
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