CHAPTER II.

BRITISH INTRIGUE AGAINST THE FRONTIERS–HATRED OF THE AMERICANS–TREATY OF 1804. By the treaty of Paris, Sept. 3, 1783, Great Britain covenanted to surrender certain western forts which were of great strategic importance to the Americans in protecting the frontier from Indian incursions and also in dealing with such as were disposed to treat honorably with the Government. The compact was solemnly made and signed, but, disgruntled from the loss of her colonies, the British government sent secret instructions to its garrisons to retain these forts, and in consequence not one of them was surrendered. Nor was this the only violation by the British of their engagements. Agents were set to work over our vast frontier to foment insubordination among the Indians against American domination. These Indians were supplied with provisions and arms and incited openly to war against the whites and drive them back east of the mountains, and year after year they continued until the sickening horrors of the stake and scalping knife were sweeping the feeble settlements of the West from end to end. France and Spain, both with colonial possessions to the west, while gratified to see England stripped of her possessions, were suspected of aiding the design of the British to restrict American settlements to the shores of the Atlantic. Spain claimed exclusive ownership of the Mississippi and commerce upon her waters by Americans was prohibited. The “dark and bloody ground” of Kentucky, long the scene of carnage, was made the first scene of British intrigue, where the atrocities of the Indians were the most frightful in history. The tribes of Ohio and Indiana, which were in the league, penetrated the settlements of the whites, deluging the land with the blood of innocent women and children. The Government, hopelessly involved with debt and graver questions of state, could offer the struggling settlers no relief, and thus alone they were forced to stand in hourly fear of butchery. They grew to look for no help save in their own resources, and yearly meeting with defiance, a pioneer community of militant husbandmen gradually grew and moved westward; instinctively taught to rush to arms upon the breaking of a twig or the rustle of a leaf in defense of their defenseless loved ones in the cabin. When, therefore, Black Hawk lent a willing ear to the British agent, accepted his presents and performed his murderous behests, which he did, he should have expected the awful consequences of defeat and annihilation which followed his years of hypocrisy, and accepted the Government’s final requital with gratitude, or at least Indian stolidity, instead of snarling at his fate and constantly bewailing the elevation of others over him who had loyally stood by the Americans and their Government in perilous times. He invited destruction and was destroyed. The attention of the student is directed to this phase of Black Hawk’s character as it develops in these pages down to his defeat, August 2d, 1832. The Sacs were originally British Indians, domiciled near Montreal. By constant quarrels and wars with their neighbors their tribes, once numerous and powerful, were reduced to a remnant and finally driven from the country altogether. They settled in Wisconsin, where they met the Foxes, similarly driven from Canada, and the two tribes immediately combined, ever after being considered as a confederated nation. They again grew powerful and arrogant and became involved in wars with their neighbors. At the time of the last French and English war they took sides with the English and received from that source presents for many years. This British sympathy was born in Black Hawk, and continued with him, growing in intensity as the Americans expanded and defeated the English, until it became positive hatred[12]. When, therefore, he repeats the statement that he heard bad accounts of the Americans in 1803, and then asserts that all his differences with the Americans date from the signing of the treaty of 1804, he states that which cannot be received with confidence. Prior to 1803 he never had found himself in contact with the Americans to an extent worthy of note, and no cause, real or imaginary, had been given him for a difference, yet on leaving the Spanish father, mentioned in the last chapter, he catches a rumor, adopts a prejudice and dictates for his autobiography the following ill-natured words, false to begin with and as malignant as he was generally found to be in speaking or writing of the Americans: “I inquired the cause and was informed that the Americans were coming to take possession of the town and country, and that we should lose our Spanish father. This news made myself and band sad, because we had always heard _bad accounts_ of the Americans from Indians who had lived near them.” ------------------------------------------------------------------------ [Illustration: KE-O-KUK.] [Illustration: PA-SHE-PA-HO.] [Illustration: ANTOINE LE CLAIRE.] [Illustration: J.B. PATTERSON.] ------------------------------------------------------------------------ During the years 1803 and 1804, Gov. William Henry Harrison of Indiana concluded treaties with the Kaskaskias and the Wabash tribes, obtaining thereby title to a large extent of country south of the Illinois River. Having an immense stretch of country unserviceable for fishing and hunting, many of the Sacs and Foxes considered it desirable to receive annuities,[13] after the manner of the Wabash tribes. A bad hunt could thus be recouped in a certain money stipend. Accordingly, slight overtures were thrown out to this effect. The Sacs and Foxes roamed north of the Illinois River, like the fugitive buffalo or lonesome bird of passage. Those broad prairies afforded them no subsistence in hunting or fishing. The bare claim to possession was their sole exercise of it, and that frail tenure had been wrenched by conquest from others without compensation in the smallest degree. Along the streams a few harmless, nondescript Indians and tribal remnants lived, or rather remained, as dependent vassals of the mighty Sacs and Foxes, but these were so inconspicuous and weak as to be ignored by both the whites and Indians in treaties. There can be no doubt of a knowledge by the Government of this desire for annuities by the Sacs and Foxes. President Jefferson was not the man to simulate the existence of any unfair postulate in treating with the Indians, who were at all times objects of his especial solicitude. Accordingly, on the 27th day of June, 1804, he directed Governor Harrison to treat with the Sacs and Foxes and obtain cessions of lands on both sides the Illinois River, granting as a consideration therefor an annual compensation. Agreeably with his instructions, Governor Harrison called the head chiefs of the consolidated tribes to meet him at St. Louis, which Pashepaho, head chief of the Sacs, Layowvois, Quashquame, Outchequaha and Hashequarhiqua did. Here, on November 3d, the following treaty was solemnly made and signed: Articles of a Treaty, made at St. Louis, in the district of Louisiana, between William Henry Harrison, Governor of the Indiana Territory and the District of Louisiana, Superintendent of Indian affairs for the said Territory and district and Commissioner plenipotentiary of the United States, for concluding any treaty or treaties, which may be found necessary with any of the Northwestern tribes of Indians, of the one part; and the Chiefs and head men of the united Sac and Fox tribes of the other part. Article 1. The United States receive the united Sac and Fox tribes into their friendship and protection and the said tribes agree to consider themselves under the protection of the United States, and no other power whatsoever. Art. 2. The General boundary line between the land of the United States and the said Indian tribes shall be as follows, to wit: Beginning at a point on the Missouri River opposite to the mouth of the Gasconade River; thence, in a direct course so as to strike the River Jeffreon, at the distance of 30 miles from its mouth and down the said Jeffreon to the Mississippi; thence, up the Mississippi to the mouth of the Ouisconsing River, and up the same to a point which shall be 36 miles in a direct line from the mouth of the said river, thence, by a direct line to the point where the Fox River (a branch of the Illinois) leaves the small Lake called Sakaegan; thence, down the Fox River to the Illinois River, and down the same to the Mississippi. And the said tribes, for and in consideration of the friendship and protection of the United States, which is now extended to them, of the goods (to the value of two thousand two hundred and thirty-four dollars and fifty cents) which are now delivered, and of the annuity hereinafter stipulated to be paid, do hereby cede and relinquish forever, to the United States, all the lands included within the above described boundary. Art. 3. In consideration of the cession and relinquishment of land made in the preceding article, the United States will deliver to the said tribes, at the town of St. Louis, or some other convenient place on the Mississippi, yearly and every year, goods suited to the circumstances of the Indians of the value of one thousand dollars (six hundred of which are intended for the Sacs and four hundred for the Foxes), reckoning that value at the first cost of the goods in the City or place in the United States, where they shall be procured. And if the said tribes shall hereafter at an annual delivery of the goods aforesaid, desire that a part of their annuity should be furnished in domestic animals, implements of husbandry, and other utensils, convenient for them, or in compensation to useful artificers, who may reside with or near them, and be employed for their benefit, the same shall, at the subsequent annual delivery, be furnished accordingly. Art. 4. The United States will never interrupt the said tribes in the possession of the lands, which they rightfully claim, but will, on the contrary, protect them in the quiet enjoyment of the same against their own citizens and against all other white persons, who may intrude upon them. And the said tribes do hereby engage that they will never sell their lands, or any part thereof, to any sovereign power but the United States, nor to the citizens or subjects of any other sovereign power, nor to the citizens of the United States. Art. 5. Lest the friendship, which is now established between the United States and the said Indian Tribes should be interrupted by the misconduct of individuals, it is hereby agreed that for injuries done by individuals no private revenge or retaliation shall take place, but instead thereof, complaint shall be made by the party injured to the other by the said tribe, or either of them, to the superintendent of Indian affairs, or one of his deputies; and by the superintendent, or other person appointed by the President, to the Chiefs of the said tribes. And it shall be the duty of the said chiefs, upon complaint being made, as aforesaid, to deliver up the person, or persons, against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the state or territory where the offence may have been committed. And, in like manner, if any robbery, violence or murder shall be committed on any Indian, or Indians, belonging to the said tribes, or either of them, the person or persons so offending shall be tried, and, if found guilty, punished in the like manner as if the injury had been done to a white man. And, it is farther agreed, that the chiefs of the said tribes shall, to the utmost of their power, exert themselves to recover horses or other property which may be stolen from any citizen or citizens of the United States by any individual or individuals of their tribes. And the property so recovered shall be forthwith delivered to the superintendent or other person authorized to receive it that it may be restored to the proper owner. And in cases where the exertions of the chiefs shall be ineffectual in recovering the property stolen, as aforesaid, if sufficient proof can be obtained, that such property was actually stolen by any Indian or Indians belonging to the said tribes, or either of them, the United States may deduct from the annuity of the said tribes, a sum equal to the value of the property which has been stolen, And the United States hereby guarantee to any Indian or Indians of the said tribes a full indemnification for any horses, or other property which may be stolen from them, by any of their citizens; Provided that the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. Art. 6. If any citizen of the United States, or any other white person, should form a settlement, upon the lands which are the property of the Sac and Fox tribes, upon complaint being made thereof, to the superintendent, or other person having charge of the affairs of the Indians, such intruders shall forthwith be removed. Art. 7. As long as the lands which are now ceded to the United States remain their property, the Indians belonging to the said tribes shall enjoy the privilege of living and hunting upon them. Art. 8. As the laws of the United States regulating trade and intercourse with the Indian tribes are already extended to the country inhabited by the Sauks and Foxes, and as it is provided by those laws, that no person shall reside as a trader, in the Indian country, without a license, under the hand and seal of the Superintendent of Indian Affairs, or other person appointed for the purpose by the President, the said tribes do promise and agree that they will not suffer any trader to reside amongst them without such license, and that they will, from time to time, give notice to the Superintendent, or to the Agent, for their tribes, of all the traders that may be in their country. Art 9. In order to put a stop to the abuses and impositions, which are practiced upon the said tribes by the private traders, the United States, will, at a convenient time, establish a trading house, or factory, where the individuals of the said tribes can be supplied with goods at a more reasonable rate than they have been accustomed to procure them. Art. 10. In order to evince the sincerity of their friendship and affection for the United States, and a respectful deference for their advice, by an act which will not only be acceptable to them, but by the Common Father of all the nations of the Earth, the said tribes do, hereby solemnly promise and agree that they will put an end to the bloody war which has heretofore raged between their tribes and those of the great and little Osages. And for the purpose of burying the tomahawk and renewing the friendly intercourse between themselves and the Osages, a meeting of their respective Chiefs shall take place, at which, under the direction of the above named Commissioner, or the Agent of Indian affairs residing at St. Louis, an adjustment of all their differences shall be made and peace established, upon a firm and lasting basis. Art. 11. As it is probable that the Government of the United States will establish a Military Post at, or near the mouth, of the Ouisconsing River, and as the land on the lower side of the River may not be suitable for that purpose, the said tribes hereby agree, that a Fort may be built, either on the upper side of the Ouisconsing, or on the right bank of the Mississippi, as the one or the other may be found most convenient; and a tract of land not exceeding two miles square, shall be given for that purpose. And the said tribes do further agree, that they will at all times, allow to traders and other persons traveling through their country, under the authority of the United States, a free and safe passage for themselves and their property of every description. And that for such passage, they shall at no time, and on no account whatever, be subject to any toll or exaction. Art. 12. This Treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President, by and with the advice and consent of the Senate of the United States. In testimony whereof, the said William Henry Harrison, and the Chiefs and headmen of the said Sac and Fox tribes, have hereunto set their hands and affixed their seals. Done at Saint Louis, in the district of Louisiana, on the third day of November, One Thousand Eight Hundred and Four, and of the independence of the United States the Twenty-Ninth. ADDITIONAL ARTICLE. It is agreed that nothing in this treaty contained shall affect the claim of any individual or individuals, who may have obtained grants of Land from the Spanish Government and which are not included within the general boundary line laid down in this treaty: PROVIDED, that such grant have at any time been made known to the said tribes and recognized by them. WILLIAM HENRY HARRISON, [L.S.] LAYOWVOIS, _or_ LAIYUVA, [L.S.] _His_ (X) _Mark._ PASHEPAHO, _or_ THE STABBER, [L.S.] _His_ (X) _Mark._ QUASHQUAME, _or_ JUMPING FISH, [L.S.] _His_ (X) _Mark._ OUTCHEQUAHA, _or_ SUN FISH, [L.S.] _His_ (X) _Mark._ HASHEQUARHIQUA, _or_ THE BEAR, [L.S.] _His_ (X) _Mark._ In presence of WM. PRINCE, _Sec’y to the Commissioner_. JOHN GRIFFIN, _one of the judges of the Indiana Territory_. J. BRUFF, _Maj. Art’ry, U.S._ AMOS STODDARD, _Capt. Corps of Artillerists_. P. CHOUTEAU, _Agent de la haute Louisiana pour le department Sauvage_. CH. GRATIOT. AUG. CHOUTEAU. VIGO S. WARREL, _Lieut. U.S. Artillery_. D. DELAUNEY. Sworn Interpreters: JOS. BARRON. HYPOLITE BOLEN, _His_ (X) _Mark._ ------------------------------------------------------------------------