Great Indian Chief of the West; Or, Life and Adventures of Black Hawk

by Benjamin Drake

In a Life of Black Hawk, dictated by himself and written by J.B. Patterson, to which there is a certificate of authenticity appended from Antoine Le Clair. U.S. interpreter, for the Sacs and Foxes, under date of 16th October 1833, there is the following statement concerning the manner in which this treaty was made.

"Some moons after this young chief (Lieutenant Pike) descended the Mississippi, one of our people killed an American, and was confined, in the prison at St. Louis for the offence. 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-ha, and Ha-she-quar-hi-qua, should go down to St. Louis, and 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! This 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 relations of the prisoner blacked their faces and fasted, hoping the Great Spirit would take pity on them, and return the husband and the 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 they had brought us 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 led out of prison, who ran a short distance and was shot dead. This is 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 is 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 will 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 more about this treaty but I will not at this time. It has been the origin of all our difficulties." [p. 27.]

The power among the Indian tribes of this country to sell their lands, has always been considered as vested in the chiefs. They, however, are accustomed to consult the whole nation, and, possibly, it may be necessary, in all cases, that its assent should be obtained. It has not been the practice of our government, it is believed, in its negotiations with the Indians, to institute particular enquiries for the purpose of ascertaining, how far the chiefs were authorized to act by their people. A number of treaties have been formed, at different times, in which the chiefs must have acted under the general authority with which they are clothed on this point; the circumstances of the case being such, as to have precluded all opportunity of their ascertaining the sense of the tribes, after the negotiations had been commenced.

In the case under consideration, notwithstanding the statement of Black Hawk, there was every reason, especially on the part of the Commissioner, for believing, that the chiefs who signed the treaty, were fully authorized to act. In the first place, Government, in its instructions to the Commissioner, to make a purchase of lands, of the Sacs and Foxes, had given as a reason for it, that it was a matter of complaint, on the part of these two tribes, that they were not, like their neighbors, receiving an annuity from the United States. They owned a very large extent of territory, and had, comparatively, but a limited population. It was natural that they should wish to dispose of some portion of it, for the purpose of receiving an annual supply of goods and money. In the second place, five chiefs of the Sacs and Foxes, united in the treaty, one of them, Pah-she-pa-ho, being at the time the great head-chief of the Sac nation. It is admitted by Black Hawk that a council had been held by these two tribes, and that Pah-she-pa-ho and his associates had been authorized to visit St. Louis to purchase the release of a prisoner. It is probable that the sale of a part of their territory may have been agreed upon by this council. In the third place, there must have been a prevailing opinion in St. Louis, that these chiefs were authorized to act in the case. The treaty was publicly made, and a number of high-minded and honorable men, are parties to it, in the character of commissioner, secretary, and witnesses. Among them are several officers of the army; the first governor of the territory of Louisiana; and Pierre Chouteau, at that time Agent for the Sac and Fox Indians, and well acquainted with them. These circumstances forbid the idea of the treaty having been formed under circumstances in which there were not satisfactory reasons for believing, that the Indians, parties to it were fully authorized to act.

Black Hawk is mistaken in some things about this treaty, and it may be that he has been misinformed in regard to the authority of his chiefs to make this sale of their lands. He says, for instance, that the treaty was made some moons after the return of Lieutenant Pike from the sources of the Mississippi; when in fact Pike did not leave St. Louis upon his expedition, until the 9th of August 1805, nearly a year after the date of the treaty. Again, he says, it was made by four of the chiefs. The treaty is signed by five. But admitting that the deputation of chiefs transcended their authority in the sale of the lands, made at that time, it would seem that the Sacs and Foxes acquiesced in it. They never disavowed the treaty, but have regularly received their annuity, and, on more than one occasion, have recognized it, as binding. Even Black Hawk and his band, made this recognition, in the treaty of peace which they signed with the United States, at Portage des Sioux, in 1816.

It may be questioned, however, whether good faith towards the Indians and a due regard to national honor, do not make it expedient that our government should invariably hold its treaties with them, in their own country, and in the midst of the tribe owning the lands proposed to be purchased. In such case, the assent of all the Indians might be obtained, and the charge of having formed a fraudulent treaty, with unauthorized individuals, could never be raised. The peculiar relation subsisting between the government of the United States and the Indian tribes, within its territory, demands on on the part of the former, great delicacy of action, liberality and perfect good faith. By such a course, alone, can our national honor be preserved untarnished.