78 |
TERRITORIAL PAPERS |
RESOLUTION OF CONGRESS: THE SALE OF LANDS
[LC:CC Papers,no.30,fol.133:D]
|
[October 23,1787] |
R. That the Board of Treasury be & they are hereby authorised & empowered to enter into Contracts in behalf of the U S with any person or persons for any quantity of land in the western territory the Indian rights whereon have been extinguished not less than one million of acres in one body upon the same terms as it respects price payment & surveying with those directed in the contract with M. Cutler & W Sargent on the [blank7] day of [blank7] Provided that no tract contracted for shall have a front on the Ohio, Mississippi Wabash or Illinois rivers exceeding one third its depth from the said rivers and provided that no gift of land be made for seminarys of learning or other purpose than those contained in the Ordinance of the 20th May 85-except the quantity contained in any one contract shall contain a quantity greater or equal to the aforementioned contract of Cutler & Sargent & that the sd Contract shall be in a State as described by the 5th Article of the Ordinance for the Govt of the territory of the U. S North west of the river Ohio passed the 13th day of July 1787 other than that wherein the Contract of the sd Cutler & Sargent is
[Endorsed] No 20
Motion-Mr Kean to empower the Board of treasury to make contracts
for sale of
western territory-Passed Oct. 23d 1787.8
_____
_____
THE SECRETARY OF CONGRESS TO GOVERNOR ST. CLAIR
[SF :1 Cong., 1 sees.: C]
|
October 26th 1787- |
Instructions to the Governor of the territory of the United States North West of the river Ohio relative to an Indian treaty in the northern Department.9
SIR You are carefully to examine into
the real temper of the Indian tribes inhabiting the Northern Indian department
of the United
___________
7Oct. 27, 1787, post, p. 80.
8Journals Amer. Cong., IV, 802-803.
9Printed also in A.S.P., Ind. Affairs, I, 9; Smith (ed.), St. Clair Papers, II, 36-37. There are numerous differences between these printed versions and the contemporary copy herewith presented. The document sent has not been found. In CC Papers, no. 30, fol. 327, is the original draft of the instructions as reported by the committee on Oct. 26, to which is attached, as a part of the document, the resolution of Congress as printed in the Journals Amer. Cong., IV, 804.. The report of the committee is endorsed as follows: "No. 26 Report Mr Kean Mr Clarke, Mr Grayson Instructions to Commrs for holding treaties with Northern & Southern Indians Passed Octr 26th 1787 (Secret Journal)." This is printed in Secret Journals, Dom. Affairs, I, 274-278.
|
NORTHWEST TERRITORY |
79 |
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 Super Intendant of Indian affairs for the northern department,10 unless the attendance of the said Super Intendant shall be prevented by any unforeseen event,11 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 purposes You will do every thing that is right & 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.
Altho 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 & West Line ordered to be run by the Ordinance of the 20th of May 178512 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 13
You will use every possible endeavor to ascertain who are the real Headmen & 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.
|
CHAs THOMSON secy |
____________
10Gen. Richard Butler.
11This clause does not appear in the original committee report.
12Ante, p. 12.
13See art. 5, treaty of Fort McIntosh, Jan. 21, 1785, in Kappler (ed.), Treaties, II, 6-8; 7 STAT. 16-18; A.S.P., Ind. Affairs, I, 11. In these various editions there are numerous textual changes from the original, which is in the archives of the Department of State.
92 |
TERRITORIAL PAPERS |
The Publick Seal can be cut in New York or Philadelphia, and I shall, if your Excellency will favour me with order and a device, apply to an Engraver without delay.
If there be any services within my ability, officially, or in a private character that I can render your Excellency, I wish you to command me with the greatest degree of freedom.
I have the honour to be, my dear Sir, with very high respect and esteem, your most obedient and humble servant,
|
W. SARGENT. |
_________
_________
EXPLANATORY MEMORIAL FROM POST VINCENNES AND
THE ILLINOIS COUNTRY
[LC:CC Papers, no. 48, fol. 123:ADS]
|
[February 28, 1788] |
To the Honorable the Congress of the United-States of North-America
The french inhabitants of Poste Vincennes on the Wabash; Kaskaskia, Cahokia, Prairie du rockier, & village St Philipp in the Illinois country, impressed with the most respectful confidence that their respective Petitions, praying for a gift of five hundred acres of land to every male inhabitant, will be favorably regarded by the Honorable the Congress, beg leave further to elucidate their situation & the objects of their demands.28
The inhabitants of Poste Vincennes possess,
Since the epocka of their first settlement, a Common pasture-ground for their
cattle, under one fence, of about two miles in depth & eight miles in
front, two thirds of which are ponds & impracticable morasses. A few among
them took up, under the authority of their former governors, small tracts in
the woods of between eight & twelve acres in Superficies, where they used
to make their sugar, & which, from that circumstance, they call their
sugar-camps. All the farming lands which they have formerly obtained, besides
their Common, do not amount to four, or at most, five thousand acres. Since the
conquest made of that country by the State of Virginia, the Court has granted
to every American adventurer four hundred acres, subject to such regulations as
might be made hereafter by Congress. Not half a dozen of the french have
availed themselves of that opportunity of obtaining lands. Their Charter, or
the cession made them by the Pianquicha29 Indians in the year 1768
begins at Pointe coupée30 twelve leagues above the Poste by water,
down to the mouth of White river twelve leagues below said Poste; and is to
extend forty leagues to the Eastward & thirty to the Westward which
contains about eight millions of acres.
_______________
28See ante, p. 72.
29Piankashaw.
30The abrupt bend of the Wabash River, about thirty miles above Vincennes.
|
NORTHWEST TERRITORY |
93 |
All the bottom from the mouth of the Kaskaskia river to Prairie du rocher, & from the hills along that river to the Mississippi has been long since apportioned by government to the inhabitants of these two villages, & contains from eighteen to twenty thousand acres; and, as the number of their male inhabitants is two hundred and Seventy, this gives Seventy four acres to every one of them, including their Common which is very extensive. The Deputy County-Lieutenant of this district,31 in conformity to the direction of Colonel Todd32 appointed by the State of Virginia County-Lieutenant, has granted to some few Americans & french tracts of Eighty, One hundred & Sixty, and three hundred acres, subject to be hereafter controuléd by Congress. The Jesuits had at Kaskaskia a grant from the King of france of four Square leagues.33
The village of Cahokia is included within a grant of four square leagues made in the year 1742 by Messrs De Boisbriant & Desursins Commandants to the Missionaries of the order of St Sulpice.34 In 1768, the Bishop of Quebec & these fathers ceded to the inhabitants of Cahokia the usufruit of this grant.35 Within its bounds they have the few improvements they have made; and some concessions have been granted by their court to the Americans Settled at Grand-ruisseau,36 two leagues & a half from the village. The remainder of the Americans live on the intermediate Space between village St Philipp & the boundaries of the Cahokia Grant.37
from these premises it will appear why the inhabitants of Cahokia did not join with the other districts in giving up their Charter, because it is not immediately vested in them.
The inhabitants of Poste Vincennes & the
Several districts of the Illinois, in consequence of the above Statement,
presume with diffidence to pray,
_____________
31Richard Winston, appointed deputy in November, 1778. See Alvord (ed.), Cahokia Recs. (IHC, II), lxxxv.
32Col. John Todd, lawyer, soldier in Dunmore's war; emigrated from Virginia to Kentucky in 1776 and served in the Virginia Assembly as a delegate from Kentucky; appointed by Governor Henry as county lieutenant in Illinois in 1778 (ibid., liii; Mason, ed., "John Todd's Record Book", Chicago Hist. Colls., IV).
33Sold Nov. 6, 1763, in pursuance of a decree of the Superior Council of Louisiana, July 9, 1763 (Alvord and Carter, eds., Critical Period, IHC, X), 125-128. For an account of the Jesuit holdings in Kaskaskia, see id., New Regime (IHC, XI), 326-328; Carter (ed.), Corr. Gen. Gage, I, 94.
34The original land grant to the Séminaire des Missions Étrangèrs at Cahokia was dated June 22, 1722 (Alvord, ed., Cahokia Recs., IHC, II, 593).
35For the various changes in the former property of the Sulpicians, see ibid., 590-593, and id., Kask. Recs. (IHC, v), 581-602.
36Established in 1783 (id., Cahokia Recs., IHC, II, cxii).
37The first purely American settlement in what is now the State of Illinois was at Bellefontaine, on the road between Cahokia and Kaskaskia, loc. cit.
94 |
TERRITORIAL PAPERS |
That the five hundred acres of land, for which they have petitioned the Honorable the Congress, may be granted to them, exclusive of the small tracts they are already possessed of in virtue of concessions to them made, previous to the country being taken possession of by the State of Virginia.
That it be ordered that all the grants made by the County-Lieutenant or his deputy, and by our respective courts, since we became subjects of Virginia, shall be confirmed to the respective Grantees; provided that so much as has been so conceded to them shall be part of what may be granted by Congress.
That, in consideration of the poverty of the inhabitants, the fees of the Surveyors, employed in laying off the different tracts that may be granted to these districts, be paid by Congress.
That, as an alleviation of our distresses & losses during these ten last years, the lands of the french inhabitants of these districts may be exempted from taxation for so long as it will please Congress to order it.
That the lands to be granted to the french & American inhabitants of Poste Vincennes, on the Eastern side of the Wabash, begin at the upper opening of the false channel vulgarly called Le faux chenal, thence going up the Wabash, so that the depth from this river shall be one third of the length along said river, & include the whole quantity.
That the boundaries of the lands to be granted to the french & American inhabitants of the different districts of the Illinois be from the mouth of the Rivière à Marie,38 up & along the Mississippi to the upper limit of the Cahokia Charter, along said limit to a North-& southline that shall intersect an East-& West line from the mouth of the Rivière à Marie, so as to include the whole quantity.
And finally, that the grants to the french be distinguish'd & separate from those to be made to the American inhabitants.
New york february 28th 1788.
By Order & in behalf of the french inhabitants of Poste Vincennes & the Illinois39
|
BARTHOLOMEW TARDIVEAU |
|
Agent |
[Endorsed] No 4.
_______________
38Marys River, in Randolph County, Illinois.
39The first report of the committee of Congress, Mar. 6, 1788, in response to the various petitions from the inhabitants of Vincennes and the Illinois country, is printed in Alvord (ed.), Kask. Recs. (IHC, v), 465-466. This report was resubmitted to the same committee on Mar. 27, ibid., p. 466, and a second and more elaborate report was made on May 5, post, p. 106, which was made the basis of the instructions to Governor St. Clair, Aug. 29, 1788, post, p. 146. See also report of St. Clair, Feb. 10,1791, post, p. 323.
116 |
TERRITORIAL PAPERS |
Indians by their Deed duly executed, granted to the persons therein named, and who are since known by the name of the Wabash Company two other several tracts of Land therein bounded and described Situate on both sides of the River Wabash.
The said Memorialist further Represents that if the said Purchases upon a full enquiry shall appear to have been fairly made with the Indians and Valuable considerations paid, the same will prevent the Necessity and expence of a Second purchase of the same Lands by the United States, in which case the companys wish not to Retain the whole of the said purchased Tracts, but think themselves entitled to at least a part thereof as a compensation for the money they have expended, the pains they have taken, and the time they have employed in this business.
From which Statement your Committee beg leave to Remark, that altho the purchases above mentioned do not Appear to have been made at a general treaty with the Indians, or under legal Authority with all the formalities Customary to give validity to such a transaction; and however improper it may be in general to countenance private purchases from the Indians, yet, considering all Circumstances attending the purchases in question, in case the same upon full investigation shall Appear to have been fairly conducted, and that on Account thereof the United States will be ultimately benefited by an exemption from the expence of purchasing the same Lands, your Committee are of Opinion a Reasonable Compensation in Land should be made to the said companies.96
In Order therefore that Congress may obtain
the information necessary to render justice in the Premises.
the following Resolution is Submitted.
That the Governor of the Western territory with the Superintendent of Indian affairs be directed to receive such information and documents, as the persons Stiling themselves the United Land Companies of the Ilinois & Wabash, shall think proper to furnish them with, respecting the Purchases by them Alledged to have been made of the Indians on the Rivers Mississippi and Wabash in the years 1773 & 1775. and at the Ensuing treaty to be held with the Indians make due enquiry into the same, and avail themselves thereof at said treaty so far as may be consistent with the Justice and Dignity of the United States, and Report to Congress a full State of their enquiry, and of their proceedings in Consequence thereof.
[Endorsed] 124 Report of a
Comittee on the Memorial of James Wilson Esqr in behalf of the
United Land Companies of the Illinois and Wabash. Entd read June 27.
1788. Mr Irvine Mr
____________
96For validity of title held from
Indian grant, see Johnson and Graham's Lessee v. William M'Intosh,
8 Wheaton, 543-605 (1823).
130 |
TERRITORIAL PAPERS |
Parker shall not be ready to enter into a Contract for a Tract of Land on the Mouth of the Illinois River according to the Act of 22nd Octr 1787.29 The Board of Treasury be authorised instead of the Bounds described in the Act of 20th June to Contract with Geo Morgan in behalf of himself and his Associates for the Sale of a Tract of Land within the following Boundary viz Beginning on the River au Vase in the parallel of Latitude that passes through the Mouth of the little Wabash River thence North to the parallel of the Mouth of the River au Beuf thence West to the River Mississippi opposite to the Mouth of the River au Beuf, thence down the River Mississippi to the Mouth of the River au Vase thence up the River au Vase to the Place of Beginning.
[Endorsed] Report of Mr
Williamson Mr Otis Mr Baldwin On col
Morgan's Meml
Entd read 1 July 1788 Recomd July 15. with
Tardiveau's meml to Mr Williamson
Mr Otis Mr Baldwin Mr Carrington
Mr Seney
_______
_______
GOVERNOR ST. CLAIR TO THE SECRETARY AT WAR
[LC: CC Papers, no. 160, vol. III, fol. 431: C30]
|
FORT HARMAR July 16th 1788. |
SIR/. I had the pleasure to receive this morning your letters of the 3d31 and 4th32 instant together with the additional Instructions of Congress on the subject of the Indian Treaty.33
From mine to you of the 13th instant34 (a duplicate of which, with the Messages sent to the Indians is enclosed) you will find that business has at present rather an unfavorable aspect: I am not however without hopes that it may be brought to issue in peace, being persuaded that it is the wish of the Nations which from their situation can do us most harm, at the same time that they are most acceptable to us.
I think Sir a good deal of time may elapse
before the great event of peace or War is decided upon; so long at least as
that I may be fully informed of the sentiments of Congress upon what has
happened, and whether the steps I have taken meet their approbation.-Embarrassing
as an Indian War would be, I would wish from that motive, if there were no
others, to take every proper mean to prevent it; but it is with Nations as with
Individuals, the tamely submitting to one injury usually invites a greater, and
where the national honor or interest is con-
_____________
29Ante, p. 77.
30An official contemporary copy.
31Ante, p. 118.
32Not found, but a letter of July 5, ante, p. 119, may be the one referred to.
33July 2, 1788, ante, p. 117.
34Smith (ed.), St. Clair Papers, II, 50-51.
|
NORTHWEST TERRITORY |
131 |
cerned I believe some embarrassments ought to be overlooked so far however as I am the depository of either, I conceive I should be highly culpable not to maintain and defend them, unless I had express orders to the contrary, and that the lines of departure were pretty distinctly marked.
I am very sensibly affected Sir by this fresh mark of the confidence of Congress in trusting to my disposal the further sum of twenty thousand dollars-I may venture to assure you that not one penny of it will be called for unless the objects in view can be attained; but it would be wrong in me, whilst the contrary is my opinion, and I believe not ill grounded, to let an expectation that they will be attained gain ground.
The West line pointed out in the original instructions35 which I was at liberty to stipulate for as a boundary, would not I believe be agreed to without much difficulty, because between that line, the Ohio and Mississippi the principal hunting grounds are contained and it is the residence of some of the Nations not very well disposed towards the United States; when I say the principal hunting grounds I mean those that abound in Deer, the species of game the most essential to the Indians-To extend the boundary northward to the completion of the forty first degree would include the whole of it, as well as a great part of the Country where the Wyandots reside, and what was reserved to the Shawanese and Delawares; now Sir there is not the least probability that these Countries will be given up at this time, for any consideration that can be offered-And I believe that if contrary to my expectations they should consent to make formal conveyances of that country, unless they are determined to abandon it altogether which is not likely, they will never consider themselves as bound by them, so that instead of establishing a solid and permanent peace, a foundation may probably be laid for irreconcilable hatred and wasting Wars and the money be thrown away into the Bargain-These are my opinions- I offer with great defference, but I hold my duty to offer them, and notwithstanding, I will leave nothing undone within my power to accomplish the wishes of Congress.
I have also enclosed Copies of letters from Wilson the Messenger36 and Khun a Wyandot Chief37 to Colo Wm Butler transmitted to me by Genl Butler and received since I sat down to write-Khun seems well disposed and I have reason to think that Tribe is generally so-The half King who is now dead was the greatest enemy we had amongst them.
As the Post is now established to Pittsburgh
the communication from this part of the Country will be easier, and I shall not
fail to give
____________
35Oct. 26, 1787, ante, p. 79.
36June 30, 1788, CC Papers, no. 160, vol. III, fol. 445.
37July 3, 1788, ibid., fol. 441.
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