CHAPTER IX.

TREATY OF PORTAGE DES SIOUX, 1815–TREATY OF ST. LOUIS, 1816. At the close of hostilities with England, a quietus to the horrors of Black Hawk’s raids was demanded. The treaty with that power provided for it. As shown in the preceding pages, all efforts had failed to get the Indians together for that purpose until it was learned that Jackson was on their trail. Then Duncan Graham fled from Rock River and the Indians generally became suddenly impatient at the delay of the few days necessary for notifications to meet the commissioners, William Clark, Ninian Edwards and Auguste Chouteau, at Portage des Sioux, the place designated for treaty negotiations. Promptly on the day, all the principal Sacs and Foxes met and participated in this council save Black Hawk and a few of his immediate followers. This Indian, dissatisfied, sullen, malignant, declined to participate, and, lurking in the woods near by, where he might spy upon his neighbors, sulked, claiming to be an English citizen and subject, and notwithstanding the peremptory nature of the provision in the treaty of Ghent for just such a council as the present, he neither appeared in council nor signed the treaty which followed. Separate treaties were made, one with the Sacs and another with the Foxes. That with the Sacs was signed on the 13th day of September, 1815, and that with the Foxes the following day, and to forever silence all objection and cavil to the treaty of 1804, an article was inserted in each emphasizing and expressly ratifying it. That with the Sacs was as follows: “A Treaty of Peace and Friendship, made and concluded between William Clark, Ninian Edwards and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of that portion of the Sac Nation of Indians now residing on the Missouri River, of the other part: “Whereas, The undersigned, chiefs and warriors, as well as that portion of the nation which they represent, have at all times been desirous of fulfilling their treaty with the United States, with perfect faith; and for that purpose found themselves compelled, since the commencement of the late war, to separate themselves from the rest of their nation, and remove to the Missouri River, where they have continued to give proofs of their friendship and fidelity; and, “Whereas, The United States, justly appreciating the conduct of said Indians, are disposed to do them the most ample justice that is practicable; the said parties have agreed to the following articles: “Article 1. The undersigned chiefs and warriors, for themselves and that portion of the Sacs which they represent, do hereby assent to the treaty between the United States of America and the united tribes of Sacs and Foxes, which was concluded at St. Louis, on the third day of November, one thousand eight hundred and four; and they, moreover, promise to do all in their power to re-establish and enforce the same. “Art. 2. The said chiefs and warriors, for themselves and those they represent, do further promise to remain distinct and separate from the Sacs of Rock River, giving them no aid or assistance whatever, until peace shall also be concluded between the United States and the said Sacs of Rock River. “Art. 3. The United States, on their part, promise to allow the said Sacs of the Missouri River all the rights and privileges secured to them by the treaty of St. Louis, before mentioned, and, also, as soon as practicable, to furnish them with a just proportion of the annuities stipulated to be paid by that treaty; provided they shall continue to comply with this and their former treaty. “In witness whereof, the said William Clark, Ninian Edwards and Auguste Chouteau, Commissioners, as aforesaid, and the aforesaid Chiefs and Warriors, have hereunto subscribed their names and affixed their seals, this thirteenth day of September, in the year of our Lord one thousand eight hundred and fifteen, and of the Independence of the United States the fortieth. Wm. Clark. Ninian Edwards. Auguste Chouteau. Shamaga, the lance. Weesaka, the Devil. Catchemackeseo, the big eagle. Chekaqua, he that stands by the tree. Kataka, or sturgeon. Mecaitch, the eagle. Neshota, the twin. Quashquammee, the jumping fish. Chagosort, the blues’ son. Pocama, the plumb. Namachewana Chaha, the Sioux. Nanochaatasa, the brave by hazard. “Done at Portage des Sioux, in the presence of R. Wash, Secretary of the Commission; Thomas Levers, Lieut-Col., commanding 1st reg’t. I.T.; P. Chouteau, agent; T. Paul, C.C.T.; Jas. B. Moore, capt.; Samuel Whiteside, capt.; John W. Johnson, U.S. factor and Indian agent; Maurice Blondeaux, Samuel Solomon. Noel Mograine, Interpreters; Daniel Converse, 3d lieut. To the Indian names are subjoined a mark and seal.”[43] This treaty was ratified December 26th, 1815. The treaty with the Foxes, made on the following day by the same commissioners, and ratified December 16, 1815, while not affecting Black Hawk in particular, was so intimately connected with him that it may be well to repeat it here. After the caption and the recital of a desire to re-establish peace it ran as follows: “Article 1. Every injury or act of hostility by one or either of the contracting parties against the other shall be mutually forgiven and forgot. “Art. 2. There shall be perpetual peace and friendship between the citizens of the United States of America and all the individuals composing the said Fox tribe or nation. “Art. 3. The contracting parties do hereby agree, promise, and oblige themselves reciprocally, to deliver up all the prisoners now in their hands (by what means soever the same may have come into their possession), to the officer commanding at Fort Clark, on the Illinois River, to be by him restored to their respective nations as soon as it may be practicable. “Art. 4. The said Fox tribe or nation do hereby assent to, recognize, re-establish and confirm the treaty of St. Louis, which was concluded on the third day of November, one thousand eight hundred and four, to the full extent of their interest in the same, as well as all other contracts and agreements between the parties; and the United States promise to fulfill all the stipulations contained in the said treaty in favor of the said Fox tribe or nation.”[44] This document, with its trifling exactions, was signed by twenty-two Fox chiefs and warriors without protest or comment, forcibly demonstrating the anxiety of all for peace when removed from ulterior influences. Everyone who participated therein appeared gratified that hostilities were ended; but an insecurity was still sensible which nothing but the signature of Black Hawk could quiet. In the face of the many murders so lately committed by Black Hawk’s band and the English, the statement by Black Hawk that he was still an English subject and his refusal to treat brought an issue squarely between the United States and him, and the authorities at Washington were in no humor to allow that dissembler to dictate the policy of the Indians and continue his crusade of crime against helpless settlers. He was urged to sign and when pressed, preferring plunder to peace, declined and stalked to his canoe in dudgeon. Was he to be peacefully subdued? While the United States authorities were actively planning to bring him to terms, the leading men from the other Sac tribes and from the Foxes continued their persuasions, and on meeting constant refusal, finally, with some of his personal followers, unitedly demanded that he sign a treaty, and then, fearing the possible loss of his influence, he reluctantly consented. Another convention was at once called to meet at St. Louis May 13, 1816, which Black Hawk attended and there “touched the goose quill,” as he has stated. This treaty, more important than the other two, because it bound the leader of all the insurgent Indians, was signed on the 13th day of May and ratified December 30 of the same year and is as follows: “_A TREATY OF PEACE AND FRIENDSHIP, made and concluded between William Clark, Ninian Edwards and Auguste Chouteau, commissioners plenipotentiary of the United States of America, on the part and behalf of the said states, of the one part, and the undersigned chiefs and warriors of the Sacs of Rock River and the adjacent country, of the other part._ “Whereas, By the ninth article of the treaty of peace, which was concluded on the twenty-fourth day of December, eighteen hundred and fourteen, between the United States and Great Britain, at Ghent, and which was ratified by the President, with the advice and consent of the Senate, on the seventeenth day of February, eighteen hundred and fifteen, it was stipulated that the said parties should severally put an end to all hostilities with the Indian tribes, with whom they might be at war, at the time of the ratification of said treaty, and to place the said tribes inhabiting their respective territories, on the same footing upon which they stood before the war; provided, they should agree to desist from all hostilities against the said parties, their citizens or subjects respectively, upon the ratification of the said treaty being notified to them, and should so desist accordingly; and, “Whereas, The said United States being determined to execute every article of treaty with perfect good faith, and wishing to be particularly exact in the execution of the article above alluded to, relating to the Indian tribes: The President, in consequence thereof, for that purpose, on the eleventh day of March, eighteen hundred and fifteen, appointed the undersigned William Clark, governor of Missouri territory, Ninian Edwards, governor of Illinois territory, and Auguste Chouteau, Esq., of the Missouri territory, commissioners, with full power to conclude a treaty of peace and amity with all those tribes of Indians, conformably to the stipulations contained in the said article, on the part of the United States, in relation to such tribes; and, “Whereas, The commissioners, in conformity with their instructions in the early part of last year, notified the Sacs of Rock River, and the adjacent country, of the time of the ratification of said treaty; of the stipulations it contained in relation to them; of the disposition of the American government to fill those stipulations, by entering into a treaty with them, conformably thereto; and invited the Sacs of Rock River, and the adjacent country, to send forward a deputation of their chiefs to meet the said commissioners at Portage des Sioux, for the purpose of concluding such a treaty as aforesaid, between the United States and the said Indians, and the said Sacs of Rock River, and the adjacent country, having not only declined that friendly overture, but having continued their hostilities, and committed many depredations thereafter, which would have justified the infliction of the severest chastisement upon them; but having earnestly repented of their conduct, now imploring mercy, and being anxious to return to the habits of peace and friendship with the United States; and the latter being always disposed to pursue the most liberal and humane policy towards the Indian tribes within their territory, preferring their reclamation by peaceful measures, to their punishment by the application of the military force of the nation; now, “Therefore, The said William Clark, Ninian Edwards and Auguste Chouteau, commissioners, as aforesaid, and the undersigned, chiefs and warriors, as aforesaid, for the purpose of restoring peace and friendship between the parties, do agree to the following articles: “Article 1. The Sacs of Rock River, and the adjacent country, do hereby unconditionally assent to recognize, re-establish, and confirm the treaty between the United States of America, and the united tribes of Sacs and Foxes, which was concluded at St. Louis, on the third day of November, one thousand eight hundred and four; as well as all other contracts and agreements heretofore made between the Sac tribe or nation and the United States. “Art. 2. The United States agree to place the aforesaid Sacs of Rock River on the same footing upon which they stood before the war; provided, they shall, on or before the first day of July next, deliver up to the officer commanding at cantonment Davis, on the Mississippi, all the property they or any part of their tribe, have plundered or stolen from the citizens of the United States, since they were notified, as aforesaid, of the time of the ratification of the late treaty between the United States and Great Britain. “Art. 3. If the said tribe shall fail or neglect to deliver up the property aforesaid, or any part thereof, on or before the first day of July aforesaid, they shall forfeit to the United States all right and title to their proportion of the annuities which, by the treaty of St. Louis, were covenanted to be paid to the Sac tribe; and the United States shall forever afterwards be exonerated from the payment of so much of said annuities as, upon a fair distribution, would fall to the share of that portion of the Sacs who are represented by the undersigned chiefs and warriors. “Art. 4. This treaty shall take effect and be obligatory on the contracting parties, unless the same shall be disapproved by the President and Senate of the United States, or by the President only; and in the meantime all hostilities shall cease from this date. “In testimony whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, commissioners as aforesaid, and the undersigned chiefs and warriors as aforesaid, have hereunto set their hands and affixed their seals this thirteenth day of May, one thousand eight hundred and sixteen.” “WM. CLARK, “NINIAN EDWARDS, “AUGUSTE CHOUTEAU.” “ANOWART, _or, the one who speaks_, “NAMAWENANE, _Sturgeon Man_, “NASAWARKU, _the Fork_, “NAMATCHESA, _the Jumping Sturgeon_, “MATCHEQUAWA, _the Bad Axe_, “MASHCO, _Young Eagle_, “AQUAOSA, _a Lion coming out of the water_, “MUCKETAMACHEKAKA, _Black Sparrow Hawk_, “SAKEETOO, _the Thunder that frightens_, “WARPALOKA, _the rumbling Thunder_, “KEMEALOSHA, _the Swan that flies in the rain_, “PASHEKOMACK, _the Swan that flies low_, “KEOTASHEKA, _the Running Partridge_, “WAPALAMO, _the White Wolf_, “CASKUPWA, _the Swan whose wings crack when he flies_, “POINAKETA, _the Cloud that don’t stop_, “MEALESETA, _Bad Weather_, “ANAWASHQUETH, _the Bad Root_, “WASSEKENEQUA, _Sharp-faced Bear_, “NAPETAKA, _he who has a Swan’s throat around his neck_, “MASHASHE, _the Fox_, “WAPAMUKQUA, _the White Bear_.” “St. Louis, May 13th, 1816. Done in the presence of R. Wash, Secretary to the Commission; R. Paul, C.T. of the C.J. Bt. Caron, Samuel Solomon, Interpreters; Joshua Norvell, Judge Adv. M.M.; Joseph Perkins, Joseph Charless, B.G. Tavar, Charles Wm. Hunter, Cerré, M. La Croix, Guyol de Guirano, Boon Ingels, Moses Scott, James Sawyer.” “To the Indian names are subjoined a mark and a seal.”[45] After all the trouble given the Americans by Black Hawk, it is not to be presumed that this treaty was lightly considered, or that the Americans neglected to explain every line of it fully, thereby allowing opportunity for future contention from one only too apt to contend; yet Black Hawk later had the audacity to claim that he did not know his village passed by that treaty when it became time for him to enjoy another war with his ancient enemy, the Americans. Line upon line and section upon section the treaty was carefully read and interpreted by men whose names were above reproach, that no future claim of misunderstanding could be alleged, and to that solemn treaty Black Hawk placed his mark and declared and promised thereby that he would no longer torment the whites with his aggressions. The preamble of the document should forever have estopped Black Hawk from alleging ignorance of its provisions; with respect to all the others who signed that treaty, the facts recited in it were so truthfuly stated, and they were so well satisfied with its provisions, that not one of them was ever heard to complain. ----- Footnote 43: Vol. 7, Pub. Statutes at Large, U.S., p. 134, ed. 1848. Footnote 44: Vol. 7, Pub. Stat, at Large of U.S., p. 135. Footnote 45: Vol. 7, Pub. Stat. (U.S.) at Large, p. 141. ----- ------------------------------------------------------------------------