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.
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VOLUME 1
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WASHINGTON:
PUBLISHED
BY GALES AND SEATON
________
1832.
American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.
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1789.] |
SIX NATIONS, WYANDOTS, AND OTHERS. |
7 |
ted, will admit of; and all horses so stolen, either by the Indians, from the citizens or subjects of the United States, or by the citizens or subjects of the United States from any of the Indian nations, may be reclaimed, into whose possession soever they may have passed, and, upon due proof, shall be restored; any sales in the market ouvert notwithstanding. An the civil magistrates in the United States, respectively, and in the territory of the United States northwest of the Ohio, shall give all necessary aid and protection to Indians claiming such stolen horses.
ART. 7. Trade shall be opened with the said nations, and they do hereby respectively engage to afford protection to the persons and property of such as may be duly licensed to reside among them for the purposes of trade, and to their agents, factors, and servants; but no person shall be permitted to reside at their towns, or at their hunting camps, as a trader, who is not furnished with a licence for that purpose, under the hand and seal of the Governor of the territory of the United States northwest of the Ohio, for the time being, or under the hand and seal of one of his deputies for the management of Indian affairs; to the end that they may not be imposed upon in their traffic. And if any person, or persons, shall intrude themselves without such a licence, they promise to apprehend him, or them, and to bring them to the said Governor, or one of his deputies, for the purpose before mentioned, to be dealt with according to law; and that they may be defended against persons who might attempt to forge such licences, they further engage to give information to the said Governor or one of his deputies, of the names of all traders residing among them, from time to time, and at least once in every year.
ART. 8. Should any nation of Indians meditate a war against the United States, or either of them, and the same shall come to the knowledge of the before mentioned nations, or either of them, they do hereby engage to give immediate notice thereof to the Governor, or, in his absence, to the officer commanding the troops of the United States at the nearest post. And should any nation, with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent the same, and in like manner give information of such attempt to the said Governor, or commanding officer, as soon as possible, that all causes of mistrust and suspicion may be avoided between them and the United States; in like manner, the United States shall give notice to the said Indian nations, of any harm that may be meditated against them, or either of them, that shall come to their knowledge; and do all in their power to hinder and prevent the same, that the friendship between them may be uninterrupted.
ART. 9. If any person or persons, citizens or subjects of the United States, or any other person, not being an Indian, shall presume to settle upon the lands confirmed to the said nations, he and they shall be out of the protection of the United States; and the said nations may punish him, or them, in such manner as they see fit.
ART. 10. The United States renew the reservations heretofore made in the before mentioned treaty at fort McIntosh, for the establishment of trading posts, in manner and form following; that is to say; six miles square at the mouth of the Miami or Omie rivers; six miles square at the portage upon that branch of the Miami which runs into the Ohio; six miles square upon the lake Sandusky, where the fort formerly stood; and two miles square upon each side the Lower Rapids, on Sandusky river; which posts, and the lands annexed to them, shall be for the use and under the Government of the United States.
ART. 11. The post at Detroit, with a district of land beginning at the mouth of the river Rosine, at the west end of lake Erie, and running up the southern bank of said river six miles; thence northerly, and always six miles the same, shall be reserved to the sole use of the United States.
ART. 12. In like manner, the post at Michilimackinac, with its dependencies, and twelve miles square about the same, shall be reserved to the sole use of the United States.
ART. 13. The United States of America do hereby renew and confirm the peace and friendship entered into with the said nations, at the treaty before mentioned, held at fort McIntosh; and the said nations again acknowledge themselves, and all their tribes, to be under the protection of the said United States, and no other Power whatever.
ART. 14. The United States of America do also receive into their friendship and protection, the nations of the Pattawatimas and Sacs; and do hereby establish a league of peace and amity between them, respectively; and all the articles of this treaty, so far as they apply to these nations, are to be considered as made and concluded in all, and every part, expressly with them and each of them.
ART. 15. And whereas, in describing the boundary before mentioned, the words, if strictly constructed, would carry it from the portage on that branch of the Miami which runs into the Ohio, over to the river Anglaize; which was neither the intention of the Indians, nor of the commissioners; it is hereby declared, that the line shall run from the said portage directly to the first fork of the Miami river, which is to the southward and eastward of the Miami village; thence down the main branch of the Miami river to the said village, and thence down that river to lake Erie, and along the margin of the lake to the place of beginning.
Done at fort Harmar, on the Muskingum, this ninth day of January, in the year of our Lord one thousand seven hundred and eighty-nine.
In witness whereof, the parties have hereunto interchangeably set their hands and seals.
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AR. ST. CLAIR. |
[Signed by the sachems and warriors of the Sac, Chippewa, Ottawa, Pattawatami, Delaware, and Wyandot tribes of Indians.]
Be it remembered, that the Wyandots have laid claim to the lands that were granted to the Shawnees at the treaty held at the Miami; and have declared, that, as the Shawnees have been so restless, and caused so much trouble, both to them and to the United States, if they will not now be at peace, they will dispossess them, and take the country into their own hands; for that the country is theirs of right, and the Shawnees are only living upon it by their permission. They further lay claim to all the country west of the Miami boundary, from the village to the lake Erie, and declare that it is now under their management and direction.
SEPARATE ARTICLE.
Whereas the Wyandots have represented, that within the reservation from the river Rosine, along the strait, they have two villages, from which they cannot, with any convenience, remove; it is agreed, they shall remain in possession of the same, and shall not be in any manner disturbed therein.
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The Secretary of War to the President of the United States.
The Secretary of War, having examined the negotiations of the Governor of the Western territory, with certain Northern and Northwestern Indians, and the treaties made in consequence thereof, at fort Harmar, on the 9th of January, 1789, begs leave to report:
That the several Treaties of Peace which have been made with the Northern tribes of Indians, and those northwest of the Ohio, since the conclusion of the late war with Great Britain, are as follows, to wit:
1st. The treaty at fort Stanwix, on the 22d day of October, 1784, between Oliver Wolcott, Richard Butler, and Arthur Lee, commissioners plenipotentiary from the United States, on the one part, and the sachems and warriors of the Six Nations, on the other.
2d. The treaty entered into by the said commissioners plenipotentiary, and the sachems and warriors of the Wyandot, Delaware, Chippewa, and Ottawa nations of Indians, at fort McIntosh, the 21st day of January, 1785.
3d. The treaty at the mouth of the great Miami, the 31st of January 1786, between commissioners from the United States, and the Chiefs and Warriors of the Shawanee nation.
That the treaties of fort Stanwix and fort McIntosh were entered on the journals of the United States, in Congress assembled, June the 3d, 1785, and the treaty of the Miami, on the 17th day of April 1786.
American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.
8 |
INDIAN AFFAIRS. |
[1789. |
That it may be proper to observe, that the Indians are greatly tenacious of their lands, and generally do not relinquish their right, excepting on the principle of a specific consideration, expressly given for the purchase of the same.
That the practice of the late English colonies and government, in purchasing the Indian claims, has firmly established the habit in this respect, so that it cannot be violated but with difficulty, and an expense greatly exceeding the value of the object.
That the treaties of fort Stanwix and McIntosh do not state that the limits therein defined are by virtue of a purchase from the Indians.
That the said treaties have been opposed, and complained of, will appear by the representation to Congress, accompanying this report, marked No. 1.
That, in consequence of the said representation, Congress, on the 21st day of July, 1787, passes the following resolve:
"Resolved, That the Superintendent of Indian Affairs for the Northern department, inform the five nations, the Hurons, and other Indian nations, who joined in the representation made to Congress, dated the 18th day of December, 1786, that Congress, on the 18th of the present month, July, 1787, received their said representation, and have taken it into their serious consideration, and, in due time, will send them an answer."
That, on the 5th of October following, Congress resolved:
"That a general treaty be held with the tribes of Indians within the limits of the United States, inhabiting the country northwest of the Ohio, and about Lake Erie, as soon after the first of April next as conveniently may be, and at such place, and at such particular time, as the Governor of the Western Territory shall appoint, for the purpose of knowing the causes of uneasiness among the said tribes, and hearing their complaints, of regulating trade, and amicable settling all affairs concerning lands and boundaries, between them and the United States.
"That the Governor of the Western Territory hold the said treaty agreeably to such instructions as shall be given him for that purpose."
That, on the 12th of October, 1787, Congress resolved:
"That twenty thousand dollars be, and hereby are, appropriated for the purpose of Indian treaties, whenever the same shall hereafter be judged necessary by a majority of the United States, in Congress assembled, and that the resolutions for holding a general treaty with the Indians, passed the fifth day of the present month, be, and they are hereby, repealed."
That on the 22d day of October, 1787, Congress resolved:
"That the Governor of the Western Territory be, and he is hereby, empowered to hold a general treaty with the Indian tribes in the ensuing spring, if, in his judgment, the public good requires it; and that he be authorized to draw for such sums of money, appropriated by the resolve of Congress of the 12th instant, as may be necessary to effect this object, not exceeding the sum of fourteen thousand dollars."
That, on the 2d of July, 1788, Congress resolved:
"That the sum of twenty thousand dollars, in addition to the fourteen thousand dollars already appropriated, be appropriated for defraying the expenses of the treaties which have been ordered, or which may be ordered to be held on the present year, with the several Indian tribes in the Northern department, and for extinguishing the Indian claims; the whole of the said twenty thousand dollars, together with six thousand dollars of the said fourteen thousand dollars, to be applied solely to the purpose of extinguishing Indian claims to the lands they have already ceded to the United States, by obtaining regular conveyances for the same, and for extending a purchase beyond the limits hitherto fixed by treaty; but that no part of the said sums be applied for any purpose other than those above mentioned."
That the instructions to the Governor of the Western Territory, marked No. 2, will further show the sense of Congress on this subject.
That the treaties of fort Harmar, on the 9th of January, 1789, with the sachems and warriors of the Six Nations, the Mohawks excepted, and with the Sachems and Warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattiwatima, and Sac nations, inhabiting parts of the country northwest of the Ohio, appear to have been negotiated by the Governor of the Western Territory, so as to unite the interests of the United States with the justice due the said Indian nations.
That the reservation in the treaty with the Six Nations, of six miles square, round the fort at Oswego, is within the territory of the State of New York, and ought to be so explained as to render it conformable to the constitution of the United States.
That, if this explanation should be made, and the Senate of the United States should concur in their approbation of the said treaties, it might be proper that the same should be ratified, and published, with a proclamation enjoining an observance thereof.
All which is humbly submitted to the President of the United States.
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H. KNOX. |
WAR OFFICE, May 23d, 1789.
No. 1.
Speech of the United Indian Nations, at
their Confederate Council, held near the mouth of the Detroit river, the
28th November and 18th December, 1786.
PRESENT- The Five Nations, the Hurons, Delawares, Shawanese, Ottawas, Chippewas, Powtewattimies, Twichtwees,
Cherokees, and the Wabash confederates.
To the Congress of the United States of America:
BRETHREN OF THE UNITED STATES OF AMERICA: It is now more than three years since peace was made between the King of Great Britain and you, but we, the Indians, were disappointed, finding ourselves not included in that peace, according to our expectations: for we thought that its conclusion would have promoted a friendship between the United States and the Indians, and that we might enjoy that happiness that formerly subsisted between us and our elder brethren. We have received two very agreeable messages from the thirteen United States. We also received a message from the King, whose war we were engaged in, desiring us to remain quiet, which we accordingly complied with. During the time of this tranquillity, we were deliberating the best method we could to form a lasting reconciliation with the thirteen United States. Pleased at the same time, we thought we were entering upon a reconciliation and friendship with a set of people born on the same continent with ourselves, certain that the quarrel between us was not of our own making. In the course of our councils, we imagined we hit upon an expedient that would promote a lasting peace between us.
BROTHERS: We still are of the same opinion as to the means which may tend to reconcile us to each other; and we are sorry to find, although we had the best thoughts in our minds, during the beforementioned period, mischief had, neverthless, happened between you and us. We are still anxious of putting our plan of accommodation into execution, and we shall briefly inform you of the means that seem most probably to us of effecting a firm and lasting peace and reconciliation: the first step towards which should, in our opinion, be, that all treaties carried on with the United States, on our parts, should be with the general voice of the whole confederacy, and carried on in the most open manner, without any restraint on either side; and especially as landed matters are often the subject of our councils with you, a matter of the greatest importance and of general concern to us, in this case we hold it indispensably necessary that any cession of our lands should be made in the most public manner, and by the united voice of the confederacy; holding all partial treaties as void and of no effect.
American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.
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1789.] |
SIX NATIONS, WYANDOTS, AND OTHERS. |
9 |
BROTHERS: We think it is owing to you that the tranquillity which, since the peace between us, has not lasted, and that that essential good has been followed by mischief and confusion, having managed every thing respecting us your own way. You kindled your council fires where you thought proper, without consulting us, at which you held separate treaties, and have entirely neglected our plan of having a general conference with the different nations of the confederacy. Had this happened, we have reason to believe every thing would now have been settled between us in a most friendly manner. We did every thing in our power, at the treaty of fort Stanwix, to induce you to follow this plan, as our real intentions were, at that very time, to promote peace and concord between us, and that we might look upon each other as friends, having given you no cause or provocation to be otherwise.
BROTHERS: Notwithstanding the mischief that has happened, we are still sincere in our wishes to have peace and tranquillity established between us, earnestly hoping to find the same inclination in you. We wish, therefore, you would take it into serious consideration, and let us speak to you in the manner we proposed. Let us have a treaty with you early in the spring; let us pursue reasonable steps; let us meet half ways, for our mutual convenience; we shall then bring in oblivion the misfortunes that have happened, and meet each other on a footing of friendship.
BROTHERS: We say let us meet half way, and let us pursue such steps as become upright and honest men. We beg that you will prevent your surveyors and other people from coming upon our side the Ohio river. We have told you before, we wished to pursue just steps, and we are determined they shall appear just and reasonable in the eyes of the world. This is the determination of all the chiefs of our confederacy now assembled here, notwithstanding the accidents that have happened in our villages, even when in council, where several innocent chiefs were killed when absolutely engaged in promoting a peace with you, the thirteen United States.
Although the interrupted, the chiefs here present still wish to meet you in the spring, for the beforementioned good purpose, when we hope to speak to each other without either haughtiness or menaces.
BROTHERS: We again request of you, in the most earnest manner, to order your surveyors and others, that mark our lands, to cease from crossing the Ohio, until we shall have spoken to you, because the mischief that has recently happened has originated in that quarter; we shall likewise prevent our people from going over until that time.
BROTHERS: It shall not be our faults if the plans which we have suggested to you should not be carried into execution; in that case the event will be very precarious, and if fresh ruptures ensue, we hope to be able to exculpate ourselves, and shall most assuredly, with our united force, be obliged to defend those rights and privileges which have been transmitted to us by our ancestors; and if we should be thereby reduced to misfortunes, the world will pity us when they think of the amicable proposals we now make to prevent the unnecessary effusion of blood. These are our thoughts and firm resolves, and we earnestly desire that you will transmit to us, as soon as possible, your answer, be it what it may.
Done at our Confederated Council Fire, at the Huron village, near the mouth of the Detroit river, December 18th, 1786.
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The Five Nations,
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No. 2.
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OCTOBER 26th, 1787. |
Instructions to the Governor
of the Territory of the United States Northwest of the river Ohio, relative to
an
Indian treaty in the Northern Department.
SIR:
You are carefully to examine into the real temper of the Indian tribes, inhabiting the Northern Indian Department of the United States. If you find it hostile, and that the welfare of the frontiers, and the settlements forming in that country, demand a treaty, you will then, in conjunction with the Superintendent of Indian Affairs for the Northern Department, unless the attendance of the said superintendent shall be prevented, by any unforeseen event, hold as general a one as you can, with all the tribes.
The primary objects of the treaty are, the removing all causes of controversy, so that peace and harmony may continue between the United States and the Indian tribes, the regulating trade, and settling boundaries. For these purposed, you will do every thing that is right and proper.
The treaties which have been made, may be examined, but must not be departed from, unless a change of boundary, beneficial to the United States, can be obtained.
Although the purchase of the Indian right of soil is not a primary object of holding this treaty, yet you will not neglect any opportunity that may offer, of extinguishing the Indian rights to the westward, as far as the river Mississippi.
You may stipulate, that the East and West line ordered to be run by the ordinance of the 20th of May, 1785, shall be the boundary between the United States and the Indian tribes: provided, they stipulate that it shall run throughout, unto the river Mississippi. And you may stipulate, that any white persons going over the said boundary, without a licence from the proper officer of the United States, may be treated in such manner as the Indians shall think proper.
You will use every possible endeavor to ascertain who are the real head men and warriors of the several tribes, and who have the greatest influence among them; these men you will attach to the United States, by every means in your power.
Every exertion must be made to defeat all confederations and combinations among the tribes, and to conciliate the white people inhabiting the frontiers, towards them.
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CHARLES THOMSON, Secretary.
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Additional instructions to the Governor of
the Territory of the United States Northwest of the river Ohio, relative
to the treaty to be held with the Western Indians, in
pursuance of the resolutions of Congress, passed in
October last.
SIR:
An additional sum of twenty thousand dollars has been appropriated for the purpose of procuring a permanent peace with the Indian tribes, with which you are authorized to hold a treaty. This sum, and six thousand dollars out of the fourteen thousand heretofore appropriated for holding the said treaty, are particularly directed to be applied solely to the purpose of obtaining a boundary advantageous to the United States, between them and the said Indian tribes, and for further extinguishing by purchase Indian titles, in case it can be done on terms beneficial to the Union.
But it is not expected that any further purchases of lands will be made unless on terms evidently advantageous to the United States, or that any part of the said additional sum will be expended, but in cases apparently necessary.
In fixing a boundary between the United States and the Indian tribes, instead of the East and West line mentioned in your instructions, you will endeavor to establish an east and west line as far north as the completion of the forty first degree of north latitude.
In your negotiations with the Indians, you will make immediate payments, so far as you shall have moneys in hand; but, in case you shall find it necessary to engage any considerable part of the said additional sum, you are to stipulate, that the payments thereof be made in two or three equal annual instalments, the first to be as late in the year 1789, as can be obtained.
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CHARLES THOMSON, Secretary. |
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