About this book

The Black Hawk War Including a Review of Black Hawk's Life

Frank Everett Stevens

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._ ------------------------------------------------------------------------ CHAPTER III. TREATY OF 1804, AND BLACK HAWK’S VERSION. On December 31st, 1804, the President submitted this treaty to the Senate, which ratified it immediately. In justice to Black Hawk, his relation of all incidents leading up to this treaty, from the departure of French rule to its ratification, which he always insisted was the bone of contention between himself and the whites, will be given, and in justice to the Americans, his inaccuracies, their logical deductions and the manner in which he played the same against the facts will also be given. In the first edition of his autobiography, published in Boston in 1834, page 25, after concluding his sorrow at the advent of the Americans, he stated: “Some time afterwards, a boat came up the river, with a young American chief (Lieutenant, afterwards General, Zebulon M. Pike), and a small party of soldiers. We heard of him (by runners) soon after he had passed Salt River. Some of our young braves watched him every day, to see what sort of people he had on board. The boat at length arrived at Rock River, and the young chief came on shore with his interpreter, made a speech, and gave us some presents. We, in return, presented him with meat and such provisions as we could spare. “We were all well pleased with the speech of the young chief. He gave us good advice; said our American father would treat us well. He presented us an American flag, which was hoisted. He then requested us to pull down our British flags, and give him our British medals, promising to send us others on his return to St. Louis. This we declined, as we wished to have _two fathers_.” “* * * We did not see any Americans again for some time, being supplied with goods by British traders.” “Some moons after this young chief descended the Mississippi, one of our people killed an American and was confined in the prison at St. Louis for the offense. We held a council at our village to see what could be done for him, which determined that Quash-qua-me, Pa-she-pa-ho, Ou-che-qua-ka and Ha-she-quar-hi-qua should go down to St. Louis, see our American father, and do all they could to have our friend released by paying for the person killed; thus covering the blood, and satisfying the relations of the man murdered; that being the only means with us of saving a person who had killed another, and we then thought it was the same way with the whites. “The party started with the good wishes of the whole nation, hoping they would accomplish the object of their mission. The relatives of the prisoner blacked their faces and fasted–hoping the Great Spirit would take pity on them, and return the husband and father to his wife and children. Quash-qua-me and party remained a long time absent. They at length returned, and encamped a short distance below the village, but did not come up that day, nor did any person approach their camp. They appeared to be dressed in _fine coats_, and had _medals_! From these circumstances we were in hopes that they had brought good news. Early the next morning the Council Lodge was crowded. Quash-qua-me and party came up, and gave us the following account of their mission: ‘On their arrival at St. Louis they met their American father, and explained to him their business, and urged the release of their friend. The American chief told them he wanted land, and they agreed to give him some on the west side of the Mississippi, and some on the Illinois side, opposite the Jeffreon. When the business was all arranged, they expected to have their friend released to come home with them. But about the time they were ready to start, their friend was let out of prison, who ran a short distance, and was shot dead. This was all they could recollect of what was said and done. They had been drunk the greater part of the time they were in St. Louis.’ “This was all myself or nation knew of the treaty of 1804. It has been explained to me since. I find by that treaty all our country east of the Mississippi, and south of the Jeffreon, was ceded to the United States for one thousand dollars a year! I leave it to the people of the United States to say whether our nation was properly represented in this treaty, or whether we received a fair compensation for the extent of country ceded by those four individuals. I could say much about this treaty, but I will not at this time. It has been the origin of all our difficulties.”[14]