Wau-Bun: The "Early Day" of the North-West

by Mrs. John H. Kinzie

“The United States troops under the command of Major Stoddard arrived here,[BD] and took possession of this country in the month of February, 1804. In the spring of that year, a white person (a man or boy), was killed in Cuivre Settlement, by a Sauk Indian. Some time in the summer following, a party of United States troops were sent up to the Sauk village on Rocky river, and a demand made of the Sauk Chiefs for the murderer. The Sauk Chiefs did not hesitate a moment, but delivered him up to the commander of the troops, who brought him down and delivered him over to the civil authority in this place (St. Louis).

[BD] St. Louis, Mo.

“Some time in the ensuing autumn some Sauk and Fox Indians came to this place, and had a conversation with General Harrison (then Governor of Indian Territory, and acting Governor of this State, then Territory of Louisiana), on the subject of liberating their relative, then in prison at this place for the above-mentioned murder.

“Quash-quame, a Sauk chief, who was the head man of this party, has repeatedly said, ‘Mr. Pierre Choteau, Sen., came several times to my camp, offering that if I would sell the lands on the east side of the Mississippi river, Governor Harrison would liberate my relation, (meaning the Sauk Indian then in prison as above related), to which I at last agreed, and sold the lands from the mouth of the Illinois river up the Mississippi river as high as the mouth of Rocky river (now Rock river), and east to the ridge that divides the waters of the Mississippi and Illinois rivers, but I never sold any more lands.’ Quash-quame also said to Governor Edwards, Governor Clark and Mr. Auguste Chouteau, Commissioners appointed to treat with the Chippewas, Ottowas, and Pottowattamies of Illinois river, in the summer of 1816, for lands on the west side of the Illinois river:

“‘Your white men may put on paper what you please, but again I tell you, I never sold any lands higher up the Mississippi than the mouth of Rocky river.’

“In the treaty first mentioned, the line commences opposite to the mouth of Gasconade river, and running in a direct line to the headwaters of Jefferson[BE] river, thence down that river to the Mississippi river—thence up the Mississippi river to the mouth of the Ouisconsin river—thence up that river thirty-six miles—thence in a direct line to a little lake in Fox river of Illinois, down Fox river to Illinois river, down Illinois river to its mouth, thence down the Mississippi river to the mouth of Missouri river, thence up that river to the place of beginning. See Treaty dated at St. Louis, 4th November, 1804.

[BE] There is no such river in this country, therefore this treaty is null and void—-of no effect in law or equity. Such was the opinion of the late Gov. Howard. (T. F.)

“The Sauk and Fox nations were never consulted, nor had any hand in this Treaty, nor knew anything about it. It was made and signed by two Sauk chiefs, one Fox chief and one warrior.

“When the annuities were delivered to the Sauk and Fox nations of Indians, according to the treaty above referred to (amounting to $1,000 per annum), the Indians always thought they were presents, (as the annuity for the first twenty years was always paid in goods, sent on from Georgetown, District of Columbia, and poor articles of merchandize they were, very often damaged and not suitable for Indians), until I, as their Agent, convinced them of the contrary, in the summer of 1818. When the Indians heard that the goods delivered to them were annuities for land, sold by them to the United States, they were astonished, and refused to accept of the goods, denying that they ever sold the lands as stated by me, their Agent. The Black Hawk in particular, who was present at the time, made a great noise about this land, and would never receive any part of the annuities from that time forward. He always denied the authority of Quash-quame and others to sell any part of their lands, and told the Indians not to receive any presents or annuities from any American—otherwise their lands would be claimed at some future day.

“As the United States do insist, and retain the lands according to the Treaty of Nov. 4, 1804, why do they not fulfil their part of that Treaty as equity demands?