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persons, were conscious of infracting the laws of their country-in fact, the indulgence that had uniformly been extended to sellers under similar circumstances, afforded grounds to believe, that if pre-emption rights were not granted them, at least, they would be tolerated in their residence. In the Session of Congress eighteen hundred and fourteen, if I am not much mistaken, a bill was reported by the Committee on public lands giving pre-emption rights to persons who had made settlements as above. Resolutions had been frequently refered on the subject.
Under the above circumstances, has the adventurous citizen of the frontier, actuated by the same hardy enterprize which has always characterized our Western settlements, been criminal, in fixing his residence upon the public lands. It is true, he violated the provisions of a law with which he was unacquainted-a law, I can venture to say, productive of little good. I am willing to admit his object was, to better his condition. Does he thereby injure the public? He selects a valuable spot and renders it, (and the adjoining lands), more valuable by improvement. This, will likely excite competition at the public sale, and the Government in this way, will be benefited without any risk of injury.
I am acquainted with many who sold their farms in Ohio to advantage, and removed into the Indiana Territory, with the intention of purchasing larger tracts, to accommodate their rising families, as soon as the sale should take place. They have erected their Cabbins, and commenced other improvements as their humble means would justify. Several of them I know to be citizens of respectability, who never dreamed they were subjecting themselves to a severe penalty. Are these individuals not entitled to consideration? Some of them had made their settlements before the War-others, in defiance of danger during its continuance. They have fought, and some of them have bled, in defence of their homes. Does policy require that the arm of the Government should be lifted against them? Shall they, with their Wives and Children, at an inclement season of the year, by military force, be driven from their possessions? This, to them will be more terrible, than the whoop of the remorseless enemy, with which they have so lately been accustomed. In the hour of attack, their bravery secured them from savage destruction. Shall their government, now, visit them with more certain ruin? Who will be benefitted by this scene of distress?-Not the Government-but speculators. The setler when he leaves his improvement, leaves it without a prospect of deriving any advantage from the toils of many months. Had he remained in possession, his small sum of money would have enabled him to secure his farm-He is driven from his home, and necessity compels him to expend his money, for the subsistence of his
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family. Another more fortunate, though less meritorious, will enter into the fruits of his labour. This, is no fancied case, unlikely to happen,-Should the proclamation be enforced, I doubt not hundreds will realize it-I pray you, cannot such distress be averted? Cannot an indulgence be extended, until one month after an opportunity is afforded them, to purchase-Those who neglect, cannot then complain, if they suffer the penalty.
With sentiments of undivided regard Your obt ser
|
JOHN McLEAN |
HON Mr MONROE
[Addressed] Hon. James Monroe Secretary of State
[Readdressed] Mr President
[Endorsed] John McLean. Washington, 19th Jan. 1816. Representations against the policy of enforcing the proclamation of the president for removing settlers from the public Lands.13b
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_____
THE SECRETARY OF THE TREASURY TO DUDLEY
CHASE14
[SF:14 Cong.,1 sess.:DS]
|
TREASURY DEPARTMENT 23d January 1816. |
SIR, I have the honor to acknowledge the receipt of your letter, dated yesterday,15 and, in compliance with your request, to communicate such information, as is possessed by this Department, upon the subject of the Petition of the Legislative Council & House of Representatives of the Indiana Territory, referred by the Senate to their Committee of finance.16
The Petition represents that in consequence
of the detached Situation of many of the Settlements of the Territory, &
their remoteness from post-offices and post roads, the inhabitants are
destitute of correct means of information; and, that owing to this cause, many
who were manufacturers having incurred the penalties of the Act of the 18th
of Jany 1815,17 (erroneously dated the 19th of April 1815
in the Petition) for not making the quarterly reports to the Collectors, as
_______
13bCf. Terr. Papers (N.W.), II, 338-339, 548-549, 587, 651,654; ibid., III, 152 - 153, 349-350, 439, 444-445, 497; ibid., (Miss.) v, 521-528, 658-660, 664, 720-721, 739-741; ibid., VI, 48, 63, 68, 71,106-108, 200, 318-319, 492-493, 599-600, 631-632, 641-647, 651-652, 668, 669-670, 671-672, 747, 757-759.
14A Senator of the United States from Vermont.
15Not found.
16Memorial for the relief of manufacturers, referred Jan. 2, 1816, printed in Ewbank and Riker (eds.), Laws Ind. Terr., 1809-1816, pp. 814-815.
173 STAT. 180-186, relating to the revenue.
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TERRITORIAL PAPERS |
NATHANIEL EWING TO JOSIAH MEIGS
[GLO:Vincennes, Reg. and Rec. Letters, xx:LS]
|
Receivers Office at VINCENNES May 1st 1816 |
SIR I have the honor of forwarding you my returns for the month of April. By the last mail I receivd your letter53 enclosing a receipt of the Treasurer of the U. S. in favour of Samuel Hazlehurst for $151.11 on account of Fracl Sections 10, & 11 Township No 8 S of Range No 7 W this receipt is dated at the Treasury the 23d day of April 1816 & the Fractions, on which he intended to pay the 2d Installment were entered on the 22d day of April 1814 consequently there was due by Mr Hazlehurst on the day he paid at the Treasury two years and one days interest on $151.12 the amount of the second installment, amounting to $14.15 this error appears to have originated in the clerk having allowed one days discount instead of charging interest a mistake very likely to occur-
I am Sir Respectfully Your Obt Servt
NATl EWING
JOSIAH MEIGS Esqr Commissioner, General Land Office &c &c
[Addressed] Josiah Meigs Esqr Commissioner Genl Land office Washington
[Endorsed] Vincennes 1 May 1816 N Ewing de paymt at Treasury of Hazelhurst appears erroneous Ansd 6 June54
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_____
THE SECRETARY OF WAR TO JUDGE PARKE AND
FIDELIO C. SHARPE55
[SD Misc. Letters:C56]
|
DEPARTMENT OF WAR 3d May 1816. |
GENTLEMEN Difficulties
having arisen in surveying the Public lands upon the Wabash, from the vague
terms in which boundaries of the Cession have been described, or from the
interested and im-
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53Apr. 24, 1816 (GLO, Div. C, Misc. Let. Bk. 6).
54Stating that the payment as made would be considered correct, loc. cit. Additional routine letters from Meigs to Ewing are dated as follows: Jan. 10, Feb. 9, Mar. 4, Mar. 5, Apr. 4, Apr. 22, June 6, June 28, Aug. 9, Aug. 29, Oct. 2, and Nov. 19, 1816 (GLO, Div. C, Misc. Let. Bks. 6 and 7).
55A member of the Kentucky State Senate, from Livingston County, 1814-1816 (Collins, Hist. Ky., II, 479).
56Printed also in A.S.P., Ind. Affairs, II, 96.
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INDIANA TERRITORY |
419 |
proper views of some of the cheifs of the various tribes from which the cession was obtained; the President has determined to make an effort to remove them by Amicable discussions and explanations, & by giving them an equivalent for the claims or pretensions which they still set up to some part of the lands in question. To accomplish this desirable object he has directed me to place at your disposition the sum of five thousand dollars over and above their annual annuities which you are authorized to distribute to them, for the purpose of conciliating the various tribes from whom the purchase was originally Made, and such other tribes as may be present, who lay any species of claim to these lands. It is not judged expedient to suffer the validity of treaties which made the cession, to be in any manner called in question; but if there is no difficulty in obtaining a general recognition of them, on the part of all the tribes it may not be improper to reduce their acknowledgment into the form of a treaty, attended with the accustomed solemnities. In the communications which you Make to them, they must be distinctly made to understand that this measure has proceeded alone from the Justice, moderation, and friendly disposition of the President towards them. It is of great importance that they should be thoroughly convinced that the liberality of the President in this case has not proceeded from any apprehension of their arms. The difference in the strength and resources of the United States, compared with the whole body of Indians, must convince the reflecting part of their warriors, that apprehension of Indian aggression can never enter into the views of the President in negotiating with them. Nothing could be more fatal to the Indian race, than an impression of this nature. At the same time it is desirable, that they should be deeply impressed with the views of Justice, moderation and benevolence, by which the councils of the President are regulated towards his Indian neighbors. The President relies upon your zeal, talents & discretion in conducting this negotiation, & making those impressions upon the Indian Cheifs which are equally necessary to their own Welfare, and to the interest of the United States. The people of the Indiana territory have petitioned the President to make an effort to extinguish the Indian title to a district of country lying contigious to the lands in question. Whilst the President is disposed to gratify the wishes of the petitioners, and is solicitious to promote the growth & prosperity of the territory in which they reside; he in unwilling to press the Indian tribes for cessions of land which they are not disposed to seed. Their dispositions upon this point may be sounded, but importunity is to be
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avoided.57-I have the honor to be your mos. ob & very humble Servant
|
Signed, WILLIAM H CRAWFORD |
P.S. As the goods which have been ordered on for the annuities of the Indian tribes who are to be convened on the 22d instant, will not arrive in time, you are authorized to draw upon the department for the amount specified in the foregoing instructions.58 W.H.C.
HONBLes BENJAMIN PARKE, & FIDELIO C. SHARPE Esqr
[Endorsed] Messrs Parke
& Sharpe commrs &c. &c. 3d May. 1816. War
Department. W. H. Crawford. A-1
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57In accordance with the above instructions, negotiations were begun by Parke with the Wea and Kickapoo Indians, and a treaty was concluded and signed June 4, 1816 (A.S.P., op. cit., II, 93; 7 STAT. 145 -46; Kappler, ed., Treaties, 1904 ed., pp. 131-132). The original is in NA. It was submitted to the Senate Dec. 10, 1816, where it was ratified Dec. 23, 1816 (Senate, Exec. Journal, III, 54, 64); it was proclaimed Dec. 30, 1816. In the treaty the representatives of the Indian tribes named confirmed the validity of all previous treaties containing land cessions to the United States, beginning with that of Greenville, 1795. No additional cession was made.
On the date of the above letter, the Secretary of War also wrote separate letters to Sharpe and Parke, and to Major Willoughby Morgan, commandant at Fort Harrison (ID, Indian Office, Sec. War Let. Bk. C). In his letter to Morgan he advised that the former's letters respecting the conduct of the Indians in hindering the surveys had been laid before the President. Subsequently the Secretary of War instructed Governor Posey, Parke, and Sharpe to negotiate a treaty with the Wea and other tribes claiming lands on the White River. See the Secretary of War to Posey, Sept. 6; to Parke, Sept. 6; to Posey, Parke, and Sharpe, Sept. 12; to Parke, Oct. 16; and to Sharpe, Oct. 16, 1816, loc. cit. See also Graham, chief clerk of the War Department, to Jennings, Dec. 31, 1816, loc. cit., relative to extinguishing Indian titles on the White River.
With respect to quieting the minds of the Indians, see the Secretary of War to Posey and to the Indian agents in military districts nos. 5, 7, and 8, Mar. 2, 1816, loc. cit., enclosing an extract from the instructions given the commanding officer of each of the respective districts in question to apply to him for any military force necessary to remove such intruders from Indian lands as had not complied with the President's proclamation of Dec. 12, 1815. See also circular letter to Posey and other territorial governors and to Indian agents, May 10, 1816, loc. cit., enclosing an act of Congress, approved Apr. 29, 1816 (3 STAT. 332-333), regulating the trade of foreigners with the Indians.
58See Graham to Posey, Apr. 19, 1816 (ID, Indian Office, Sec. War Let. Bk. C), advising that the superintendent of Indian trade would forward goods for the amount of annuities due the Kickapoo, Wea, and Piankashaw for the years 1813, 1814, 1815, and 1816; and to Stickney, agent at Fort Wayne, on the same date, and to the same effect, loc. cit.
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