But at the first attempts of the government surveyors to enter the Ohio country, they met with a most determined resistance from the savages. Brigadier-General Tupper, of Massachusetts, who went to Pittsburgh to run some lines, was enabled to proceed no farther west than that station. Captain John Doughty, writing to the secretary of war from Fort McIntosh, on the 21st of October, 1785, says "They (the Indians) are told by the British, and they are full in the persuasion, that the territory in question was never ceded to us by Britain, further than respects the jurisdiction or putting the Indians under the protection of the United States. From this reasoning they draw a conclusion that our claim in consequence of that cession ought not to deprive them of their lands without purchase. I believe you may depend upon it that this is the reasoning of their chiefs. I am so informed by several persons who have been among them. Our acting upon the late treaty made at this place last winter, in beginning to survey their country, is certainly one great cause of their present uneasiness." Everywhere the British partizans of Miamitown and Detroit, in order to keep the tribes in firm alliance with England, and thus preserve the valuable fur trade, were pointing to the treaties of Fort Stanwix and Fort McIntosh and telling the Indians that the Americans were laying claim to their whole country, and would drive them beyond the lakes. The British agents went further. According to Captain Doughty, certain emissaries of the British, who were acquainted with the Indian language and manners, were constantly circulating among the Indian towns in the Miami and Wyandot country, making presents to the savages, and appealing to their fears. From the information of one Alexander McCormick, communicated to Captain Doughty, it appears that some time during the season of 1785, a grand council of the tribes was held at Coshocton, on the Muskingum. Tribes were present from a considerable distance beyond the Mississippi. The object of this council seems to have been to unite all the tribes and oppose the American advance. "Two large belts of wampum were sent from the council to the different nations, holding that they should unite and be at peace with each other." This looked like a threat of war. Matthew Elliott, an Indian agent of the British, said in the Shawnee town in the presence of forty warriors, "that the Indians had better fight like men than give up their lands and starve like dogs." Simon Girty and Caldwell were among the Delawares and Wyandots advising them to keep away from the contemplated treaty at the mouth of the Great Miami.
In the face of all these portentous happenings the adoption of the great Ordinance of 1787, came as a happy relief. It was apparent now, to the minds of all right thinking men, that an unfortunate interpretation had been made of the treaty of peace; that nothing could justify an unlawful seizure of the Indian possessions. It might be humiliating to reverse the policy of the government, and give the British agents a chance to say that the United States had been wrong from the beginning, but the leading men in the federal councils had determined to adhere to the advice of Washington, and purchase every foot of the Indian lands. The potent words of the ordinance that "The utmost good faith shall always be observed toward the Indians; their lands and property shall never be taken from them without their consent," were in every sense truly American and placed the nation four-square to all the world.
As a direct consequence of the new policy toward the tribes, as evidenced by the Ordinance of 1787, two separate treaties of peace were entered into at Fort Harmar, at the mouth of the Muskingum river, on January 9th, 1789, and in the first year of George Washington's administration. The first treaty was concluded with the Wyandot, Delaware, Ottawa, Chippewa, Potawatomi and Sac nations; the second with the sachems and warriors of the Six Nations. About the time of the adoption of the Ordinance for the government of the northwest territory, the Ohio Company composed of revolutionary officers and soldiers, had negotiated with congress for the purchase of a large tract of land in the Muskingum valley, and on the 7th day of April, 1788, the town of Marietta, Ohio, had been established at the mouth of that river, opposite Fort Harmar. The purchase by the Ohio Company was succeeded by that of John Cleves Symmes, of a large tract of land between the Great and the Little Miami rivers, and about the first of January, 1789, the foundations were laid of the present city of Cincinnati. On October 5th, 1787, Arthur St. Clair, of Revolutionary fame, was appointed as the first governor of the northwest territory, and on July 9th, 1788, he arrived at Marietta to assume his duties, to organize the government, and adopt laws for the protection of the people.
The sale of these lands in the Indian country, the planting of these new settlements, and the increasing tide of men, women and children sweeping down the Ohio, to settle in Kentucky, seemed to verify all that the British agents had told the Indians respecting the American intentions. The depredations on the Ohio river, the plundering of boats, and murder of immigrants and settlers, were on the increase. Governor St. Clair had been given instructions by congress on the 26th day of October, 1787, to negotiate if possible an effectual peace. He was to feel out the tribes, ascertain if possible their leading head men and warriors and attach them to the interests of the United States. The primary object of the treaty was declared to be the removing of all causes of controversy, and the establishment of peace and harmony between the United States and the Indian tribes. On July 2nd, 1788, he was given additional instructions and informed that the sum of twenty thousand dollars had been appropriated, in addition to six thousand dollars theretofore set aside, for the specific purpose of obtaining a boundary advantageous to the United States, "and for further extinguishing by purchase, Indian titles, in case it can be done on terms beneficial to the Union." Congress was evidently seeking to carry out the letter and spirit of the Ordinance, and to extinguish the Indian right of occupancy, by fair negotiation and purchase.
Time will not be taken here to enumerate the many difficulties encountered by General St. Clair in the negotiation of the treaty at Fort Harmar. The violent opposition of Joseph Brant and the Indian department of the British government will be treated under another head. Suffice it to say that President Washington always considered this as a fair treaty. In the instructions given by the government to General Rufus Putnam in 1792, this language occurs: "You may say that we conceive the treaty of Fort Harmar to have been formed by the tribes having a just right to make the same, and that it was done with their full understanding and free consent."
Tarhe, a prominent chief of the Wyandots, said at the treaty of Greenville, in 1795, to General Wayne: "Brother, you have proposed to us to build our good work on the treaty of Muskingum (Fort Harmar); that treaty I have always considered as founded upon the fairest principles * * * I have always looked upon that treaty to be binding upon the United States and us Indians." The same boundaries were fixed between the United States and the Wyandots and Delawares, as were fixed in the treaty of Fort McIntosh, and the Six Nations ceded to the government all lands west of the Pennsylvania line, but this time a valuable consideration was given for the land, and the United States "relinquished and quit claimed" to the tribes all claims to the territory embraced within the Indian boundaries "to live and hunt upon, and otherwise to occupy as they shall see fit." In other words, and as Secretary of War Knox says, congress had appropriated a sum of money solely for the purpose of extinguishing the Indian title, and for obtaining regular conveyances from the Indians, and this was accordingly accomplished. One who reads of this great triumph of right and justice, and this humane and merciful treatment of a race of savages, is certainly justified in feeling a profound respect and admiration for the fathers of the republic.