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