Consolidated Docket No. 317, Defendant Exhibits 61-171

Dft. Ex. 96

American State Papers: Indian Affairs
March 3, 1789 to March 3, 1815

Vol. 1,  pp. 341, 349, 350, 359, 564, 565.

 



American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.

1793.]

341



that the consideration given was inadequate, it may be proper, in either or both cases, that a liberal compensation be made to the just claimants.

It will, therefore, be one of the first objects of the proposed treaty, to ascertain from the Indians, what tribes are the allowed proprietors of the country lying to the northward of the Ohio, and to the southward of the lakes.

You will perceive by Hutchin's map, herewith delivered, the boundaries confirmed by the said treaty of fort Harmar to the United States: and, also, the tracts which have been granted by the United States to the late army., and to particular companies of men.

You will endeavor, to the utmost of your power, to induce the tribes claiming a right to the said lands, to confirm the boundary established by the said treaty of Fort Harmar, with the Six Nations, and Wyandots, Delawares, &c.; for which purpose you will, among other considerations, offer-

1st. The guarantee of the United States of the right of soil, to all the remaining Indian lands in that quarter, against the citizens or inhabitants of the United States.

2dly. That the United States will relinquish the places mentioned in the said treaty as trading posts, to the northward of the general bounday; excepting, however, the grounds upon which the forts are erected, now occupied by the British troops; and which, by the treaty of peace of 1783, were ceded to the United States, together with the portions of land in the vicinity of said forts, in possession of the white inhabitants; and which have been purchased of the Indians.

3dly. The United States will relinquish any of the military posts, which shall appear to be established, without the boundaries of the treaty of fort Harmar, or the boundaries which you may agree upon.

4thly. That the United States will pay to the several tribes, in the proportions which shall be agreed upon, the sum of fifty thousand dollars, in goods, according to a tariff of articles, to be settled at the treaty. The tariff shall include the prime cost of the goods in Philadelphia or New York, together with the charge of the transportation to the place which shall be fixed for the delivery, and no more.

5thly. That, in addition to the above sum, to be paid immediately, the United States will also pay, annually, the sum of ten thousand dollars, in goods, to such tribes, and to be delivered at such places, as shall be agreed upon.

You will observe that the space between the tracts of land granted to the particular companies, and the Indian boundary, established by the treaty of fort Harmar, will render it extremely difficult, if not impracticable, to relinquish any lands in the said space, without establishing a cause of perpetual discussions and hostilities between the whites and Indians. But, if the relinquishment of any lands, in the said space, should be an ultimatum with the said Indians, and a line could be agreed upon which would be free from dispute, you may, in order to effect a peace, make such relinquishment.

In case you should be under the necessity of making this relinquishment, it will be left to your direction whether or not to make the same compensations as are stated for the confirmation of the general boundary established by the treaty of fort Harmar.

But, you are to understand explicitly, that the United States cannot relinquish any of the tracts of land which they have already granted, as marked upon the said map.

In respect to all that has been said, with regard to relinquishment, you will please to understand, that no particular difficulty is intended to be thrown in the way of the relinquishment of any lands westward of the Great Miami, and northward of the Ohio, from the intersection thereof by the Great Miami, except the tract of one hundred and fifty thousand acres, granted to General Clarke.

You will observe, that, as none of the Wabash tribes attended the treaty of fort Harmar, the Western boundary, then established is imperfectly described. In the treaty made by General Putnam, with the said Wabash tribes, on the fourth of October last, the boundaries are not defined. He says, that he understood the Eastern boundary, claimed by the said Wabash Indians, would be described by a line drawn from the Miami village to a creek, a few miles above the falls of the Ohio. But, it is a point of considerable importance, in case of a successful treaty, that a well defined boundary should be established with all the tribes, so that, in future, no misunderstanding should happen on that account.

It will be an object worthy of your attention, to endeavor, as far as shall be consistent with the main design of peace, to form separate contracts, or treaties, relatively to boundaries, with the several tribes to whom the lands actually belong, avoiding, as much as possible, to confirm the idea of an union, or general confederacy of all the tribes, or of any patronage of the whole over the lands of any particular tribes, or subdivisions of tribes. But, as the said Indians are much attached to the idea of a general confederacy, your proceedings, in these particulars, will require peculiar caution and management.

You will, in all your negotiations, carefully guard the general rights of pre-emption of the United States to the Indian country, against all other nations and individuals, as established by the treaty of 1783, with Great Britain. But, in describing these rights to the Indians, you will impress them with the idea that we concede to them, fully, the right and possession of the soil, as long as they desire to occupy the same; but, when they choose to sell any portion of the country, it must be sold only to the United States, who will protect the Indians against all imposition.

In case of a successful treaty, the delivery of all prisoners taken from the United States must be strenuously insisted upon. But it will be left to you judgment, whether a particular compensation shall be stipulated, or not, to the individual owners of such prisoners, as it is well known that they are not considered as the common property of the Indian communities.

While at the treaty, you must endeavor to ascertain, as accurately as may be, the names and numbers of the respective Indian tribes within the limits of the United States, north of the Ohio; and, also, the names of the influential chiefs; their divisions of lands; and all other matters relatively to trade and intercourse with them.

And as it is highly probably there will be a great number of distant Indians from the Northward, Westward, and Southward, you will endeavor to learn the tribes to which they belong, and, whether their being present, is the effect of curiosity, or invitation.

It will depend upon your judgment, whether, after the treaty shall be about concluding, to inform the Indians of the measures taken by the United States for furnishing provisions during the treaty, and of the causes which prevented. It may, also, be proper to observe, that the same causes prevented any great quantities of goods being brought to the treaty ground.

You have, herewith, delivered to you, the belt sent by the hostile Indians, with the message acceding to the treaty; this you will shew them, as the evidence that their message was received. You have also delivered, the belt of the Five Nations, received upon the same occasion.

You will endeavor to obtain permission that agents of the United States may reside among the Indian tribes, as their protectors and friends; and, also, that traders may be established among them. The United States will, hereafter, enter into arrangements with the Indians, to supply them with goods, in the manner most beneficial to them, and which shall tend to prevent all imposition.

In case of a treaty, an article to be inserted, that murderers, on either side, shall be given up, or punished with death, according to the usage of the respective contracting parties.

In case of robberies, or horse stealing, the robbers, or thieves, to be punished with fine, the amount of which to be fixed. If incurred by the Indians, who should fail in payment, the same to be deducted from the annual payment of the tribe to whom the culprit should belong.

The society of Friends have, with the approbation of the President of the United States, decided to send some of their respectable members, in order to contribute their influence to induce the hostile Indians to a peace. they are not, however, to confer with the Indians upon any subject of importance, until they shall have previously communicated the same, and received your approbation.

The Reverend John Heckewelder, a Moravian teacher, who resided many years among the Moravian Indians, of the Delawares, will accompany you, in order, also, to use his influence towards a peace. He well understands the Delaware tongue, and, although he is unwilling to act as a common interpreter, yet you may rely upon his ability to correct others, and prevent imposition. His knowledge of Indian customs and manners may be of great use in your negotiations.
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American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.

1793.]

349



to council among themselves, at their general meeting at the Rapids of the Miami of the lake. We shall sail with the first fair wind for Detroit river, and go to Sandusky as soon as we find the Indians are ready to proceed from the Miami.

We are, &c.                      B. B.   
B. R.   
T. P.    

 

June 29th.   

The commissioners and their suite went to fort Erie to embark for Sandusky; but the winds being contrary, they returned three or four miles to their lodgings.

June 30th.   

The wind still contrary, nevertheless the commissioners and their suite embarked on board the schooner Dunmore, Captain Henry Ford, commander.

July 5th.   

Still detained by contrary winds at fort Erie. This day arrived in a vessel from the Miami, Colonel Butler, a British superintendent of Indian affairs, and Captain Brandt, with about fifty Indians, being a deputation from the Indian nations, assembled at the rapids of the Miami, to confer with the commissioners of the United States, in presence of the Governor of Upper Canada.

The deputation being met, gave notice to the commissioners that they desired to speak with them. The commissioners attending, a Shawanese chief, called Cat's Eyes, addressed them thus:

BROTHERS: We are sent by the nations of Indians assembled at the rapids of the Miami, to meet the commissioners of the United States. We are glad to see you here. It is the will of the chiefs of those nations, that our father, the Governor of this province, should be present, and hear what we have to say to you, and what you have to say to us.

BROTHERS: Do not make yourselves uneasy that we did not meet you at the time you proposed at Sandusky. The reasons thereof will be mentioned at another time. [Four strings of black and white wampum.]

To which the commissioners, after repeating the foregoing speech replied:

BROTHERS: The commissioners are glad to see you. We will confer with you in presence of your father, the Governor of this province, at any time and place which shall be convenient to him and you. [Returned the four strings.]

The chiefs having consulted a few minutes by themselves, again asked the attendance of the commissioners, and proposed that the conference should be at the Governor's, at Niagara, to which the commissioners agreed, informing the chiefs that they would be at the Governor's to-morrow night.

IN COUNCIL, at Navy Hall, July 7th, 1793.   

Present, commissioners of the United States, Colonel Simcoe, Governor of Upper Canada, and a considerable number of civil and military officers, deputation of Indians from the council assembled at the rapids of the Miami.

Captain Brandt, with a belt and strings of wampum, rose and said:

BROTHERS: We have met to-day our brothers the Bostonians and English. We are glad to have the meeting, and think it is by the appointment of the Great Spirit.

BROTHERS OF THE UNITED STATES: We told you the other day, at fort Erie, that, at another time, we would inform you why we had not assembled at the time and place appointed for holding the treaty with you. We now inform you that it is because there is so much of the appearance of war in that quarter.

BROTHERS: The people you see here are sent to represent the Indian nations, who own the lands north of the Ohio, as their common property, and who are all of one mind- one heart.

BROTHERS: We have come to speak to you for two reasons: one, because your warriors, being in our neighborhood, have prevented our meeting at the appointed place; the other, to know if you are properly authorized to run and establish a new boundary line between the lands of the United States, and of the Indian nations. We are still desirous of meeting you at the appointed place.

BROTHERS: We wish you to deliberate well on this business. We have spoken our sentiments in sincerity, considering ourselves in the presence of the Great Spirit, from whom, in time of danger, we expect assistance. [A white belt of 12 rows and 30 strings or wampum, in five bunches, nearly all white.]

The commissioners answered:

BROTHERS: We have attended to what you have said. We will take it into our serious consideration, and give you an answer to-morrow. We will inform you when we are ready.

Captain Brandt replied:

BROTHERS: We thank you for what you have said. You say you will answer our speech to-morrow. We now cover up the council fire.

The answer of the commissioners of the United States to the speech delivered yesterday by Captain Brandt, in behalf

of the Western Indians.

NIAGARA, 8th July, 1793.   

In Council. Present as yesterday.

BROTHERS: By the appointment of the Great Spirit we are again met together. We hope he will assist us on both sides to see and to do what is right. It gives us pleasure that this meeting is in the presence of our brothers, the English.

BROTHERS: Yesterday, according to your promise at fort Erie, you told us the reason why the nations whom you represent had delayed assembling at the time and place appointed for meeting us. "That it was because there was so much of the appearance of war in that quarter."

BROTHERS: You requested an explanation of these warlike appearances.

BROTHERS: You told us that the people whom we saw her were sent to represent the Indian nations who own the lands on the northern side of the Ohio, as their common property, and who are all of one mind- one heart.

BROTHERS: You said you had two reasons for coming to speak us here; one that our warriors, being in your neighborhood, had prevented your meeting at the appointed place; the other, to be informed whether we are properly authorized to run and establish a new boundary line between the lands of the United States and of the Indian nations. You added, that you were still desirous of meeting us at the appointed place.

BROTHERS: You desired that we would deliberate well on this business. You declared that you spoke your sentiments in sincerity, considering yourselves in the presence of God, from whom, in time of danger, you expect assistance.

BROTHERS: We have now repeated your speech as we understood it from the interpretation. We hope we have not mistaken your meaning.

BROTHERS: Now listen to our answer in behalf of the United States.

BROTHERS: You have mentioned two objects of your coming to meet us at this place. One to obtain an explanation of the warlike appearances on the part of the United States on the northern side of the Ohio; the other, to learn whether we have authority to run and establish a new boundary line between your lands and ours.

BROTHERS: On the first point, we cannot but express our extreme regret, that any reports of warlike appearances, on the part of the United States, should have delayed our meeting at Sandusky. The nature of the case irresistibly forbids all apprehensions of hostile incursions into the Indian country, north of the Ohio, during the treaty at Sandusky.

BROTHERS: We were deputed by the Great Chief and the Great Council of the United States to treat with you of peace; and is it possible that the same Great Chief and his Great Council could order their warriors to make
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American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.

350

INDIAN AFFAIRS.

[1793.



fresh war, while we were sitting round the same fire with you, in order to make peace? Is it possible that our Great Chief and his council could act so deceitfully towards us, their commissioners, as well as towards you? Brothers, we think it is not possible. But we will quit argument and come to facts.

BROTHERS: We assure you that our Great Chief, General Washington, has strictly forbidden all hostilities against you, until the event of the proposed treaty at Sandusky shall be known. Here is the proclamation of his head warrior, General Wayne, to that effect. But, Brothers, our Great Chief is so sincere in his professions for peace, and so desirous of preventing every thing which could obstruct the treaty, and prolong the war, that, besides giving the above orders to his head warrior, he has informed the Governors of the several States, adjoining the Ohio, of the treaty proposed to be held at Sandusky; and desired them to unite their power with his to prevent any hostile attempts against the Indians, north of the Ohio, until the result of the treaty is made known. Those Governors have accordingly issued their orders, strictly forbidding all such hostilities. The proclamation of the Governors of Virginia and Pennsylvania we have here in our hands.

BROTHERS: If, after all these precautions of our Great Chief, any hostilities should be committed north of the Ohio, they must proceed from a few disorderly people, whom no considerations of justice or public good can restrain. But we hope and believe that none such will be found.

BROTHERS: After these explanations, we hope you will possess your minds in peace, relying on the good faith of the United States, that no injure is to be apprehended by you during the treaty.

BROTHERS: We now come to the second point: whether we are properly authorized to run and establish a new boundary line between your lands and ours.

BROTHERS: We answer explicitly that we have that authority. Where this line should run, will be the great subject of discussion at the treaty between you and us; and we sincerely hope and expect, that it may then be fixed to the satisfaction of both parties. Doubtless some concessions must be made on both sides. In all disputes and quarrels, both parties usually take some wrong steps; so that it is only by mutual concessions, that a true reconcilement can be effected.

BROTHERS: We wish you to understand us clearly on this head: for we mean that all our proceedings should be marked with candor. We therefore repeat, and say explicitly, that some concessions will be necessary on your part, as well as on ours, in order to establish a just and permanent peace.

BROTHERS: After this great point of the boundary shall be fully considered, at the treaty, we shall know what concessions and stipulations it will be proper to make on the part of the United States; and we trust they will be such as the world will pronounce reasonable and just.

BROTHERS: You have told us that you represent the nations of Indians who own the lands north of the Ohio, and whose chiefs are now assembled at the rapids of the Miami.

BROTHERS: It would be a satisfaction to us to be informed of the names of those nations, and of the numbers of the chiefs of each so assembled.

BROTHERS: We once more turn your eyes to your representation of the warlike appearances in your country; and, to give you complete satisfaction on this point, we now assure you, that, as soon as our councils at this place are ended, we will send a messenger on horseback to the Great Chief of the United States, to desire him to renew and strongly repeat his orders to his head warrior, not only to abstain from all hostilities against you, but to remain quietly at his posts, until the event of the treaty shall be known.- [A white belt of seven rows, and twenty-six strings of wampum, nearly all white, annexed.]

The foregoing speech, having been interpreted by Mr. Dean in the Oneida tongue, was interpreted by Captain Brandt's nephew, into the Shawanese language, and from that, by another interpreter, into the language of the Chippewa nation; after which, the Shawanese chief (called Cat's Eyes) thus addressed the commissioners:

BROTHERS, the Bostonians, attend: We have heard your words. Our Father, the English people, have also heard them. We thank God that you have been preserved in peace, and that we bring our pipes together. The people of all the different nations here salute you. They rejoice to hear your words. It gives us great satisfaction that our Fathers, the English, have heard them also. We shall, for the present, take up our pipes, and retire to our encampments, where we shall deliberately consider your speech, and return you an answer to-morrow.

NIAGARA, 9th July, 1793.   

In council, present as yesterday.

Captain Brandt arose, with the belt and strings which were yesterday delivered by the commissioners, and, addressing himself to the English and Americans, said:

BROTHERS: We are glad the Great Spirit has preserved us in peace, to meet together this day.

BROTHERS OF THE UNITED STATES: Yesterday you made an answer to the message delivered you by us, from the great council at Miami, in the two particulars which we had stated to you.

BROTHERS: You may depend on it, we fully understood your speech. We shall take with us your belt and strings, and repeat it to the chiefs at the great council at Miami.- [Laid down the strings and belt, and took up a white belt.]

BROTHERS: We have something further to say, though not much. We are small, compared with our great chiefs at Miami. but, though small, we have something to say.

BROTHERS: We think, from your speech, that there is a prospect of our coming together. We, who are the nations at the Westward, are of one mind; and, if we agree with you, as there is a prospect that we shall, it will be binding and lasting.

BROTHERS: Our prospects are the fairer, because all our minds are one: you have not before spoken to us unitedly. Formerly, because you did not speak to us unitedly, what was done was not binding. Now, you have an opportunity of speaking to us together; and we now take you by the hand, to lead you to the place appointed for the meeting.- [A white belt of seven rows.]

BROTHERS: This is all we have to say.

Afterwards, Captain Brandt, recollecting that he had not answered our request, respecting the nations and chiefs assembled at the Miami, rose and said:

BROTHERS: One thing more we have to say: yesterday you expressed a wish to be informed of the names of the nations, and numbers of chiefs assembled at Miami. But, as they were daily coming in, we cannot give you exact information. You will see for yourselves in a few days. When we left it, the following nations were there, viz:

   

      

Five Nations,
Wyandots,
Shawanese,
Delawares,

Munsees,
Miamies,
Ottawas,
Chippewas.

Pattawatamies,
Mingoes,
Cherokees,
Nantikokies.

   

   

The principal men of all these nations were there.
He then presented the list on paper.

The Commissioners then replied:

BROTHERS: Our ears have been open to your speech. It is agreeable to us. We are ready to accompany you to the place of treaty, where, under the direction of the Great Spirit, we hope for a speedy termination to the present war, on terms equally interesting and agreeable to all parties.

N. B. At the Council held at Niagara, on the 7th July, before the arrival of the commissioners from Navy Hall, Captain Brandt, in the name of the deputies, thus addressed the Governor, Colonel Sincoe:


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