Consolidated Docket No. 317, Defendant Exhibits 61-171

Dft. Ex. 97

Indiana Historical Collections,

Vol. 7,  pp. 25, 26, 27, 29, 30, 102,
        103, 164, 165, 166.

 



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
July 15, 1801.
pp. 25-31.

         HARRISON: MESSAGES AND LETTERS

25

 

HARRISON TO THE SECRETARY OF WAR

July 15th, 1801   

Dawson, Harrison, 10-11   

SIR

For the last ten or twelve weeks I have been constantly engaged in receiving visits from the Chiefs of most of the Indian nations which inhabit this part of the Territory. They all profess and I believe that most of them feel a friendship for the United States- but they make heavy complaints of ill treatment on the part of our Citizens. They say that their people have been killed- their lands settled on- their game wontonly destroyed- & their young men made drunk & cheated of the peltries which formerly procured them necessary articles of Cloathing, arms and amunition to hunt with. Of the truth of all these charges I am well convinced. The Delaware Chiefs in their address to me mentioned the loss of six persons of their nation, since the treaty of Greenvill having been killed by the White people- & I have found them correct as to number. In one instance however the White boy who killed the Indian was tried and acquitted as it was proved that it was done in self defence. In another instance the Murderrer was tried and acquitted by the Jury, altho it was very evident that it was a cruel and unprovoked murder. About twelve months ago a Delaware was killed in this Town by a Citizen of the Territory against whom a bill has been found by the grand. He has however escaped and it is reported that he has gone to Natchez or New Orleans. [See May 5, 1802, below.] But the case which seems to have affected the Indians more than any other is the murder of two men and one woman of this same nation about three years ago. This cruel deed was perpetrated on this side of the Ohio, forty or fifty miles below the falls & is said to have ben attended with circumstances of such atrocity as almost to discredit the whole story- were it not but too evident that a great many of the Inhabitants of the Fronteers consider the murdering of Indians in the highest degree meritorious- the story is this. About three years ago two Delaware men and a woman were quietly hunting in the neighbourhood of the Ohio- I believe on the waters of Blue river their Camp was discovered by two men I think of the name of Williams- brothers- and these Williams mutually determined to murder



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
July 15, 1801.
pp. 25-31.

26

INDIANA HISTORICAL COLLECTIONS


them for the purpose of possessing themselves of about fifty dollars worth of property and the trifling equipage belonging to the hunting Camp of a Savage. They thought it too dangerous to attack them openly as one of the Indians well known to the white people by the name of Jim Galloway or Gilloway- was remarkable for his strength and bravery. They approached the camp as friends & as I am toled they have since confessed asked leave to stay at the Indians Camp and hunt for a few days. Their request was granted & they remained until a favorite opportunity offered to carry their design into effect- & the then Indians were murdered. Altho they were missed by their friends it was a long time before their fate was ascertained. The murderers thinking themselves safe from the length of time which has elapsed, now begin to talk of the affair, and one of them is said to have declared that he was very nearly over-powered by the Indian after he had wounded him- that he had closed in with him and the Indian was on the point of getting the better of him when his brother to whom the murder of the other Indian had been committed came to his assistance. Altho I am convinced that the facts above states are all true- yet so difficult is it to get testimony in a case of this kind, that I have not as yet been able to get the necessary depositions on which to ground an application to the Executive of Kentucky for the delivery of these people to Justice. Whenever I have ascertained that the Indian boundary line has been encroached on by the white people I have caused the Intruders to withdraw. But as the boundary line seperating the Indian land from that to which the title has been extinguished has not been run- nor the manner in which it is to run precisely ascertained either at this place or in the country on the Mississippi called the Illinois- it is impossible to tell when encroachments are made on the Indians at those two places. As this is an object of considerable importance to the Citizens of the Territory I must beg you Sir to obtain the directions of the President to have it done as soon as possible. The people have been about petitioning Congress on this subject- Untill it was observed that the President was authorized by law to cause all the boundaries between the lands of the U.N. States & the Indian tribes to be ascertained and marked- Untill their boundaries are established it is almost impossible to punish in this quarter the persons who make a practice of Hunting on the lands



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
July 15, 1801.
pp. 25-31.

HARRISON: MESSAGES AND LETTERS

27


of the Indians in violation of law and our Treaty with that people. This practice has grown into a monstrous abuse. Thousands of the wild animals from which the Indians derive their subsistence have been distroyed by the white people. They complain in their speeches to me that many parts of their Country which abounded with game when the general peace was made in 1795 now scarcely contains a sufficiency to give food to the fiew Indians who pass through there. The people of Kentucky living on the Ohio from the mouth of the Kentucky river down the Mississippi make a constant practice of crossing over on the Indian lands opposite to them every fall to kill deer, bear, and buffaloe- the latter from being a great abundance a few years ago is now scarcely to be met with, in that whole extent. One white hunter will distroy more game than five of the common Indians- the latter generally contenting himself with a sufficiency for present subsistance- while the other eager after game hunt for the skin of the animal alone. All these Injuries the Indians have hitherto borne with astonishing patience but altho they discover no disposition to make war upon the United States at present- I am confident that most of the tribes would eagerly seize any favorable opportunity for that purpose- & should the United States be at war with any of the European nations who are know to the Indians there would probably be a combination of nine tenths of the Northern Tribes against us- Unless some means are made use of to conciliate them. The British have been unremitted in their exertions to preserve their influence over the Indians resident within our Territory ever since the surrender of the Forts upon the Lake- & those exertions are still continued- last year they delivered a greater quantity of goods to their Indians than they have been ever known to do- and I have been lately informed that talks are now circulating amongst them, which are intended to lesten the small influence we have over the Indians- I cannot vouch for the truth of this report- but I think it very probably that the British will redouble their efforts to keep the Indians in their Interest as a mean of assisting them in any designs they may form against Louisiana which it is said will be shortly delivered up to the French.

I have had much difficulty with the small tribes in this immediate Neighbourhood- viz.- the Peankashaws, Weas & Eel river Indians, these three tribes form a body of the



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
July 15, 1801.
pp. 25-31.

HARRISON: MESSAGES AND LETTERS

29


white men were killed as above mentioned. Luckily however no other mischief was done in either instance.

The Indians Chiefs complain heavily of the mischiefs produced by the enormous quantity of Whiskey which the Traders introduce into their Country. I do not believe there are more than six Hundred Warriers upon this River (the Wabash) and yet the quantity of whiskey brought here annually for their use is said to amount to at least six thousand Gallons. This poisonous liquor not only incapasitates them from obtaining a living by Hunting but it leads to the most attrocious crimes- killing each other has become so customary amongst them that it is no longer a crime to murder those whom they have been most accustomed to esteem and regard. Their Chiefs and their nearest relatives fall under the strokes of their Tomhawks & Knives. This has been so much the case with the three Tribes nearest us- the Peankashaws, the Wea, & Eel River Miamis that there is scarcely a Chief to be found amongst them.

The little Beaver a Wea Chief of not well know to me was not long since murdered by his own son. The Little Fox another Chief who was always a friend to the white people was murdered at mid day in the Streets of this by one of his own nation. All these Horrors are produced to these Unhappy people by their too frequent intercourse with the White people. This is so cirtain that I can at once tell by looking at an Indian whom I chance to meet whether he belong to a Neighbouring or a more distant Tribe. The latter is generally well Clothed healthy and vigorous the former half naked, filthy and enfeebled with Intoxication, and many of them without arms except a Knife which they carry for the most vilanous purposes. The Chiefs of the Kickapoos, Sacks, & Patawatimies, who lately visited me are sensible of the progress of these measures, and their Views amongst themselves- which they are convinced will lead to utter exterpation- and earnestly desire that the introduction of such large quantities of Whiskey amongst them may be prevented.

Whether some thing ought not to be done to prevent the reproach which will attach to the American Character by the exterpation of so many human beings, I beg leave most respectfuly to submit to the Consideration of the President- That this exterpation will happen no one can doubt who knows the astonishing annual decrease of these unhappy beings. The



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
July 15, 1801.
pp. 25-31.

30

INDIANA HISTORICAL COLLECTIONS


Delawares are now making an other attempt to become agriculturists- they are forming settlements upon the White river a branch of the Wabash under the conduct of two Missionaries of the Society of "The United Brethren for propogating the gospel amongst the Heathens" otherwise Meravians.1 To assist them in this plan the Chiefs desire that one half of their next annuity may be laid out in impliments of agriculture, and in the purchase of some domestic animals as Cows and Hogs. The Kaskaskeas & Peankeshaws request the same thing and the Patawatimies wish a few corse hoes may be sent with their goods. The sun a great Chief of the last mentioned Nation requests that a Coat and Hat of the Uniform of the United States & to prevent Jealousy a few more may be aded for the other Chiefs, of his nation. Indeed I am convinced that nothing would please the Chiefs of all the Nations so much as a distinction of this kind. It was a method always persued by the British and nothing did more to preserve their Influance. I therefore take the liberty of recommending that about a half dozen Coats made in the uniform of the United States and ordinary Cocked Hats may be sent for each of the nations who have an annuity of one thousand dollars, and Half that number for the Nations who receive 500 dollars- the expence to be taken from the allowance of each nation. The Kickapoos who are a strong and warlike Nation have not a proper proportion of goods allowed them by the United States their annuity is 500 dollars only, which is the sum allowed to the remnant of the Kaskaskias which have only fifteen or twenty warriors. The Kickapoos of the Priaria a large branch of that nation never receive any part of the goods. They frequently steal Horses which are never returned because they do not fear the withholding of their annuity. The Socks a very large nation which Inhabit the Waters of the Illinois River are not bound by any treaty- and will not deliver up horses or prisones in their possession. I have reason to believe that there are several persons still with them which were taken during the late war. They say they are very willing to treat if they are put upon the same footing that the rest of the Indian Nations are.

The contractor to the army had untill lately an agent at

1. For description of the old Moravian Mission see J. P. Dunn's article Indiana Magazine of History, Vol. 9, p. 73; and paper by Arthur Brady, Mississippi Valley Historical Review, Proceedings, Annual meeting, 1919.



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
License to an Indian Trader,
July 10, 1804.
pp. 102-103.

102

INDIANA HISTORICAL COLLECTIONS


On the power of the commissioners to revise any decision of the Governor in case of complete grants, I have great doubts. At all events, it can only amount to a chancery jurisdiction, which may set aside a patent surreptitiously and fraudulently obtained, through the false representations of the party, and never can affect a bona fide purchaser; nor be extended to defeat a title on account of what might, by the commissioners, be considered as an error of judgment in making the grant. On that principle, though I am not authorized to lay rules of conduct for the commissioners, in their judicial capacity, I have communicated my opinion in general terms, and have positively enjoined it on the registers to record in cases of Governor's grants, and demand a fee only for the recording of the grant itself, and not for any preceding or subsequent conveyances. The recording of the grants is essential and just, as it was undoubtedly the intention of the legislature to ascertain the number, amount, and authenticity of those grants as well as of other claims; and they have a right to declare in what manner their own grants shall be recorded and authenticated.

I have the honor to enclose copies of my letters to the registers and to the surveyors general, and remain, Sir,

Your obedient servant,                      
ALBERT GALLATIN    

WILL'M H. HARRISON, Esq. Governor Indiana Territory

 

LICENSE TO AN INDIAN TRADER

July 10, 1804   
Mss. in Indiana State Library   

Whereas Michael Brouillette1 of the county of Knox hath made application for permission to trade with the Kickapoes nation of Indians, and hath given bond according to law, for the due observance of all the laws and regulations for the government of the trade with Indians that now are, or hereafter may be enacted and established, license is hereby granted to the said Michael Brouillette to trade with the said Kickapoes nation, at their towns on the Vermillion and there to sell, barter and exchange with the individuals of the said

1. See June 6, 1811, infrn. The Kickapoos lived northwest of Lafayette in Indiana and Illinois.



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
License to an Indian Trader,
July 10, 1804.
pp. 102-103.

HARRISON: MESSAGES AND LETTERS

103


nation, all manner of goods, wares and merchandizes, conformably to the laws and regulations aforesaid; but under this express condition and restriction, that the said Michael Brouillette shall not, by himself, his servants, agents or factors, carry or cause to be carried to the hunting camps of the Indians of said nation, any species of goods or merchandise whatsoever, and more especially spiritous liquors of any kind; nor shall barter or exchange the same, or any of them, in any quantity whatever, on pain of forfeiture of this license, and of the goods, wares and merchandize, and of the spirituous liquors which may have been carried to the said camps, contrary to the true intent and meaning hereof, and of having his bond put in suit: and the Indians of said nation are at full liberty to seize and confiscate the said liquors so carried, and the owner or owners shall have no claim for the same, either upon the said nation, or any individual thereof, nor upon the United States.

This license to continue in force for one year, unless sooner revoked.

All Spirituous liquors prohibited

GIVEN under my hand and seal, the        
Tenth day of July, in the year of our       
Lord one thousand eight hundred and      
four.                                  
WILLM. HENRY HARRISON      

 

 

JEFFERSON TO HARRISON

WASHINGTON, July 14, 1804   
Jefferson Papers, 1st series, vol. 10, no. 119   

DEAR SIR

I received in due time your letter on the division of the Louisiana territory into districts, and since that I have been able to collect very satisfactory information on the subject as well from persons from that country as from good maps, on the whole I find we cannot do better than to adopt the existing divisions, which are five in number and will require 5 Commandants of different grade. I would therefore recommend that in the Proclamation which you will isue in due time for establishing the divisions, you use the following definitions.



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
September 16, 1805.
pp. 164-167.

164

INDIANA HISTORICAL COLLECTIONS


make, the tract which has now been ceded contains at least two millions of acres, and embraces some of the finest land in the Western country. I shall do myself the honor to write to you by the next mail, and give a particular account of the bills I have drawn for the purposes of the treaty.

In pursuance of the President's directions, I have promised the [Little] Turtle fifty dollars, per annum, in addition to his pension; and I have, also, directed Captain Wells to purchase a negro man for him, in Kentucky, and draw on you for the amount.

I have the honor to be, most respectfully, your humble servant

WILLIAM HENRY HARRISON   

 

MESSAGE PROROGUING THE GENERAL ASSEMBLY

August 26, 1805   
Executive Journal 12   

This day the Governor prorogued the General Assembly of the Territory, to meet again on the last Monday in Octr. 1806. [Abstract]

 

HARRISON TO SECRETARY OF WAR
(Enclosures: Liquor Law and Invoice of Indian Goods)

VINCENNES 16th Sept. 1805   
Har. Pa. 159-166   

SIR:

After the conditions of the late treaty had been agreed upon finding that the Delawares were not well pleased with the conduct of the Miamis I made an attempt to induce the latter to give up to the U. S. a tract of about 400,000 acres adjoining to and west of the line running from the mouth of the Kentucky River to Fort Recovery and above the line which is to run from the Vincennes trace to the last mentioned line upon condition that the United States should change the annuity which the Delawares are to receive for ten years into a permanent one. This proposition gave much pleasure to the Delawares and was agreed to by the other Tribes but when the Treaty was prepared for signing one of the principal chiefs refused to sign until that article was ex-



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
September 16, 1805.
pp. 164-167.

HARRISON: MESSAGES AND LETTERS

165


punged and prevailed upon a majority of the others to accept his opinion. The Delawares indignant at the Treatment declared an intention of removing altogether from the neighbourhood of the Miamis and joining the part of their tribe that reside on the west bank of the Mississippi. They would not agree that any part of the money which by the Treaty of August 1804 was to be appropriated to the purpose of ameliorating their condition should be paid out in improvements where they now reside. I was therefore obliged to give them the two sums of $300 for their five and ten years annuity which was to have been laid out in horses cattle &c. in cash and have drawn on you three several drafts for those sums one of $300 in favour of Mr. Wallace and the other two in favor of Mr. Bullit. Inclosed herewith is the receipt of the Delawares for the aggregate amount of $1000.

The four thousand dollars given by the late Treaty was divided in the following manner. To the Delawares $1000, to the Miamis $1000 the Pattawatomies $1000 and to the Eel River and Wea Tribes $500 each. The Delawares Miamis and Eel River Tribes received the whole of their proportion and the Potawatimies $700 of theirs from the factory at Fort Wayne and I have drawn on you in favor of Mr. [John] Johnston for the aggregate amount of $3200. The $500 for the Weas and the ballance of the $300 for the Patawatomies were paid here and the drafts given for the former to Mr. [William] Bullit1 and for the latter to Mr. [Touissant] Dubois.2 I have also drawn two other bills in favor of Mr. Bullit one for $600 and one for $150 to cover the contingent expenses of the Treaty which have been greater than usual for two reasons, first, from the necessity there was (to prevent jealousy) for treating many of the other chiefs with the same indulgence that the Turtle and Richardville had long enjoyed, and second from my being obliged to trust entirely to Mr. Wells and [Joseph] Barron3 on account of indisposi-

1. William Bullit was a land speculator from Louisville who operated in several sections of southern Indiana especially in Terre Haute. See his commission Sept. 24 below.

2. Touissant Dubois was of an old French family. He was engaged extensively in mercantile business at Vincennes, Kaskaskia and Cahokia. He did a large Indian trade and was especially useful to Harrison.

For an excellent history of this famous pioneer see Wilson, Dubois County History.

3. Joseph Barron was a French fur trader out of Vincennes and Harrison's most capable and trusted interpreter and scout. He was present at and attached his name to nearly all Harrison's Indian treaties.



Indiana Historical Collections,
vol. 7.

Harrison, William Henry
Letter to the Secretary of War,
September 16, 1805.
pp. 164-167.

166

INDIANA HISTORICAL COLLECTIONS


tion. As soon as the accounts are collected they shall be forwarded.

I shall set out on the 25th Instant for St. Louis accompanied by the chiefs who compose the Deputation appointed to meet the Osages.

I have the honor to inclose herewith the copies of two laws that were passed by the Legislature of the territories at their late session. I exerted myself to procure the passage of a law confining the Indian trade entirely to their own country, but the Legislature were unwilling to go so far. I am persuaded that a letter from you to the Executives of the neighboring States and Territories would greatly expedite the passage of a law forbidding the sale of ardent spirits to the Indians. The reason assigned by the legislature for passing the law with the condition of its not taking effect until a similar one was passed by our neighbours, was that it would be of little benefit to the Indians to prohibit their getting liquor here if they could obtain it by going into a neighbouring state or Territory and by returning with it into this Territory. The citizens would suffer all the inconvenience of their drunkenness without the advantage of their trade.

I have the honor to be with great respect and consideration,

Sir your humble servt.                      
WM. HENRY HARRISON   

The Honble. HENRY DEARBORN, Esq. Secy. of War.

August 15, 1805   

An ACT TO PROHIBIT THE GIVING OR SELLING INTOXICATING LIQUORS TO INDIANS.

Whereas many abuses dangerous to the lives, peace, and property of the good citizens of the Territory and derogatory to the Dignity of the United States have arisen, by reason of Traders, and other persons furnishing Spirituous and other Intoxicating Liquors to the Indians inhabiting this Territory for remedy whereof,

Be it enacted by the Legislative Council and house of Representatives and it is hereby enacted by the authority of the same that if any Trader or other person whomsoever residing in, coming into, or passing through the said Territory, or any part thereof shall presume to furnish, vend, sell or give, or shall direct or procure to be furnished, vended, sold or given, upon any account whatever, to any Indian or Indians, or Nation or Tribe of Indians bring within the Territory of Waters adjoining to or Bounding the same any Rum, Brandy, whiskey or other intoxicating liquors, or drink, he, she, or they so offending shall on Conviction by presentment, or Indictment, forfeit and pay for every such offence, any sum not exceeding one hundred dollars, nor less than five dollars to the use of the Territory. Provided that nothing herein contained shall be taken or construed to impair or weaken the powers and authority that now are or at any time hereafter may be vested in the Governor or other person as Superintendent or agent of Indian affairs, or Commissioner plenipotentiary for Treating with Indians.


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