354 |
When the Miami chiefs went to their camp that night they were "a little melowed with Wine."32 This was the second time in these negotiations that Harrison had given the Indians spirits, despite his earlier statements against the practice.
The Miami chiefs debated the treaty on September 27th. At this meeting the Potawatomis, upon the recommendation of the Governor, agreed to "make peace" with the Miamis.33
On September 28, 1809 the Miamis and Potawatomis formalized their renewed friendship in an Indian council, and the Treaty was again discussed. In the evening Harrison was informed that the Indians "had agreed to sell the small tract near Fort Recovery only," and no lands on the Wabash.34
The Owl, a Miami chief, stated this determination in the general council on September 29th. The Indians would sell some lands near Fort Recovery, but they refused to consider selling lands on the Wabash because "the Weas are not here," "the land on the Wabash our younger Brothers occupy," and the Miamis at the council had "nothing to say about" that land.35 This suggests that the Miamis felt that they could dispose of the lands in present Royce Area 72, but they considered they had no actual claim to the lands in Royce Area 71. The fact that Harrison had decided to hold
32. Ibid., p. 17;
Dft. Ex.
131.
33. Idem.
34. Idem.
35. Ibid., pp. 17-18; Dft. Ex. 131.
355 |
the treaty in installments may support this view. He may have felt, mistakenly, that the Miamis would readily cede for annuities an area which they did not use or occupy, and that a cession by the stronger Indian group would put a great deal of pressure on the Weas to cede also, since receipt of the annuities by the Miamis would be dependent on Wea concurrence.
Harrison replied to Owl's speech with a long talk. He stressed the honor of the United States, and American fair dealings with the Indians, contrasting the actions of the United States with those of Great Britain, and suggesting that the Indians' opposition to the proposed Treaty was inspired by enemies of the Indians and of the United States.36 In conclusion, the
Governor then
told them that he was tired of waiting and that on the next day he
would submit to them the form of a Treaty which he wished them to sign
and if
they would not agree to it he would extinguish the council fire.37
The Potawatomis and Delawares again affirmed their willingness to sign the
cession, but the Mississinewa Miamis were still strongly opposed.38
Harrison determined on a final attempt to persuade the Mississinewa Miamis to agree to the Treaty. On September 30, 1809 he went to their camp and asked them "as an old friend"
36. Ibid., p. 19; Dft. Ex.
131.
37. Idem.
38. Ibid., p. 20; Dft. Ex. 131.
356 |
to tell him what was wrong.39 Upon being informed that the Miamis objected to their lands, which had been guaranteed to them by the Treaty of Grouseland of August 21, 1805, being purchased from other Indians, Harrison assured them that he considered no other nation besides the Miamis as owning the lands on the Wabash. The other tribes, Harrison reminded them, had been invited to the treaty "at their particular request (The Miamies)." It did not matter that the Potawatomis claimed an equal right to the lands in question with the Miamis,
it gave them no right and it was not the intention of the Governor to put anything in the Treaty which would in the least alter their claim to their lands on the Wabash as established by the Treaty of Grouseland unless they chose to satisfy the Delawares with respect to their claim to the Country Watered by the White River.40
The Governor would even give the Miamis
the whole compensation
proposed to be given for the lands . . . if they insisted
upon it but they knew the offence which this would give to the other Tribes.41
He assured them that he would draw up the Treaty so that
the
Putawatimies & Delawares would be considered
as participating in the advantages
of the Treaty as
39. Idem.
40. Ibid., p. 21; Dft. Ex. 131. The Delawares had relinquished their claim, previously recognized by the United States to lands between the Ohio and White rivers. This was done at the insistence of the Miamis (7 Stat. 91: also Chapter 6, this Report).
41. Idem.
357 |
allies of the Miamies, not as having any right to the land.42
With this matter smoothed away, and minor complaints and grievances heard and
satisfaction promised in this separate council, the Miamis were willing to
agree to the Treaty.43
The Treaty secretary, Peter Jones, recorded his opinion that the
Governor had no alternative but to promise immediate satisfaction for these claims and to assure them that he perfectly understood and admitted that they (the Mississinway Chiefs) were the real Representatives of the Miami Nation and that he should always consider them as such.44
In view of the antecedent stubbornness and the previous arguments of the
Miamis, this comment by Jones seems reasonable; it also indicates that
Harrison's promise was an expedient one, made to enable him to bring the Treaty
negotiations to a successful conclusion. For this reason, Harrison's wording of
the additional Article to the Treaty of September 30, 1809 referring to Miami
ownership of lands, i.e.,
the greater part of the lands ceded to the United States, by the treaty this day concluded, was the exclusive property of the Miami nation and guaranteed to them by the treaty of Grouseland (7 Stat. 115)
42. Idem.
43. Ibid., pp. 21-22; Dft. Ex. 131.
44. Ibid., p. 22; Dft. Ex. 131.
358 |
is not strictly true, unless he was referring for convenience to all the Miami-Wea-Piankashaw-speaking groups rather than to the Miami proper. This may have been what he was doing since in the Treaty of Grouseland the United States engaged to consider the Miamis, Eel Rivers, and Weas (the Indians wanted also to include the Piankashaws), all related groups, as ''joint owners of all the country on the Wabash and its waters above the Vincennes tract" (except for the Kickapoo lands on "Vermillion River")that had not been previously ceded, and stated they would not "purchase any part of the said country without the consent of each of the tribes " (7 Stat. 91), Harrison's use of the words "Miami nation" rather than "Miamis" may have been his way of avoiding giving offense to the Miamis, while not contradicting the terminology of the Treaty of Grouseland.
Also, by Article 2 of the Treaty of Fort Wayne of September 30, 1809 the "Miamies" [Miamis? or Miamis and Eel River Indians?] acknowledged the
equal right of the Delawares with themselves to the country watered by the White river . . . [and] that neither party shall have the right of disposing of the same without the consent of the other (7 Stat. 113:114).
By this Article, the "Miamies" recognized Delaware rights to at least the eastern two-thirds of Royce Area 71. This too, contradicts the statement that "the greater part" of the lands ceded was the "exclusive property" of the Miami.
After his final consultation with the Miamis Harrison returned to the Fort and had the Treaty prepared. A full council of the Miamis, Eel Rivers, Delawares, and Potawatomis
359 |
who were present at Fort Wayne was held and the Treaty was signed without further incident, except for Little Turtle's objection to the article "which gives the Mohecans the right to settle on White River." Since the other Miami chiefs continued to support this clause, Little Turtle acquiesced, and the Treaty was signed.45
By this Treaty (7 Stat. 113) the Miami and Eel River Indians, and their allies the Delawares and Potawatomis, ceded to the United States lands on the Wabash above the Vincennes tract (Royce Area 71). The consent of the Weas was required for this cession to become valid. A separate convention was to be made with them for goods and for at least a $300 permanent annuity.
Royce Area 72 was ceded directly by the signers of the Treaty, despite the guarantee of the Treaty of Grouseland that all the "Miamies," i.e., including the Weas, should approve the sale of the land as well as the Miami and Eel River Indians.
The Miamis agreed that any improvements made on lands on White River by the Delawares, "or their friends the Mochecans" should be theirs forever (7 Stat. 113:114). Delaware occupancy of White River seems to have been sporadic, but had begun about 1775.46 President Jefferson himself, in December of 1808 on the basis of representations by the
45. Idem.
46. See Chapter 7, this Report, for a discussion of Delaware occupancy on White River.
360 |
Delawares and "Miamies" confirmed the grant by the "Miamies" of lands on White River to the "Delawares, Mohiccans, and Munsees."47
In return for the cessions and acknowledgments made in the Treaty, the Delawares received a permanent annuity of $500, the "Miamies" one of $500, the Eel River Indians one of $250, and the Potawatomis one of $500. The annuities, in addition to the goods delivered at the Treaty to the value of $5,200, were to be regarded as full compensation for the lands ceded (7 Stat. 113:114).
The United States relinquished its right to the reservation "at the old Ouroctenon towns" (Ouiatanon), obtained at the Treaty of Greenville, and promised it would only use it if necessary for the establishment of a military post (7 Stat. 113:114).
In the final article of the Treaty the Indians who were parties, "being desirous to show their attachment to their brothers the Kickapoos," agreed to cede to the United States land on the northwest side of the Wabash from Point Coupee to Raccoon Creek (Royce Area 73), on the condition that the United States allow them additional annuity of $400. The tribes agreed, however, that this article was to have no effect unless the Kickapoos agreed to it (7 Stat. 113:115).
47. Congressional Documents Series, No. 40, Report 70, pp. 11-12; Dft. Ex. 133.
361 |
"A Separate Article" was also signed on September 30, 1809 (7 Stat. 115), with "the Miami and Eel river tribes of Indians" and "their allies the Delawares and Putawatomies." This was to be considered as forming part of the Treaty of September 30, 1809, and had been already agreed upon with the "Miamies upon their consenting to the Article in the original Treaty which embraces the Kickapoos."48 The Separate Article provided that since
the greater part of the lands ceded to the United States, by the treaty this day concluded, was the exclusive property of the Miami nation and guaranteed to them by the treaty of Grouseland,49 it is considered by the said commissioner, just and reasonable that their request to be allowed some further and additional compensation should be complied with (7 Stat. 115).
The Miamis and Eel Rivers were to get domestic animals worth $500 for 3 years, and an armorer was to be maintained for their use at Fort Wayne. Also, if the Kickapoos agreed to the last article of the Treaty, the Miamis would receive an
48. Journal of the Proceedings, Indian Treaty, Fort Wayne, p. 22;
Dft. Ex.
131.
49. This guarantee of the lands on the Wabash to the three tribes, the Miamis, Eel Rivers, and Weas, had been a matter of expediency on Harrison's part in the negotiations of the treaty of Grouseland, since "they insisted upon it with the most persevering obstinacy." Harrison felt (mistakenly, as it turned out) that the guarantee at least cleared the ground from the claims of the other tribes, especially the Potawatomis, and that in time the United States could acquire the lands more easily. The "Miami chiefs" had wanted very much to include the Piankashaws in the guarantee, but Harrison flatly refused since he thought he could soon prevail on the Piankashaws to cede their lands. American State Papers, Indian Affairs, vol. I, p. 701; Dft. Ex. [96?].
362 |
additional permanent annuity of $200 and the Weas and Eel Rivers would receive an additional annuity of $100 each (7 Stat. 115). This separate article was obviously a concession to the Miamis, and Eel River Indians, made so that they would agree to the cessions.50 It also furnished these groups with an incentive to urge assent from the groups not present (Kickapoos and Weas).
More Indians assembled for this Treaty than for any held by the United States since Greenville. Jones, the secretary for the Treaty, reported that 1390 Indians were present when the Treaty was signed.51 William Wells, who was an interpreter only and not the official recorder, reported 956 persons present at the treaty, of which the Potawatomis formed almost half and the Delawares a third of those present (Miamis-106; Eel rivers-53; Potawatomis-421; Delawares-374; and Shawnees-2).52
From October 1-3, 1809 Harrison distributed the annuities for the year and the Treaty goods. The Potawatomis were very disappointed in the amount given them, since they were much more numerous than any of the other Indian groups at the Treaty. Harrison advanced them $500 on their next
50. See above, pp. 357-358, this Report.
51. Journal of the Proceedings, Indian Treaty, Fort Wayne, p. 23; Dft. Ex. 131.
52. W. Wells, Statement, Ft. Wayne, December 5, 1809; Dft. Ex. 119.
363 |
year's annuity and recommended to the Secretary of War that it be given them as a gift which they richly deserved for their efforts in the negotiations.53
On his return to Vincennes Harrison met some Weas at the Eel River village on the Rabiere54 and through them sent an invitation to the Wea chiefs to come to Vincennes to conclude the Treaty.55 The Weas began arriving at Vincennes on October 15, 1809. By October 24, 1809 at least 61 Weas were there, including Lapoussier, the principal chief of the Weas. On the evening of October 24, 1809 Harrison gathered the Weas at his house to learn whether they were sober enough to proceed with business. He expressed to the Indians his hope that they would drink no more until the council was finished.56
On October 25, 1809 all the Wea chiefs assembled and the Governor explained the treaty signed at Fort Wayne on September 30, 1809. He described the advantages the Weas would derive from the cession, in annuities and in their removal from the demoralizing influence of the Whites in the vicinity of Vincennes. The next day, October 26, 1809, after some discussion the "Treaty was cheerfully signed by every Chief
53. Journal of the proceedings, Indian Treaty, Fort Wayne, pp.
22-23; Dft. Ex.
131. Fort Wayne Agency, Letter Book, April 15, 1809-Oct. 1, 1815, pp.
29-31; Dft. Ex.
132.
54. The Rabiere was a stream located somewhere below the mouth of the Mississinewa River, and may have been a small stream flowing into the Wabash, or flowing into Eel River near its mouth.
55. Journal of the Proceedings, Indian Treaty, Fort Wayne, p. 23; Dft. Ex. 131.
56. Idem. Some Whites had been selling liquor to the Indians.
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