Thus, in 1803, the United States became possessed of the great valley of the Mississippi, to the exclusion of the title of any foreign power; limited by the possessions of Spain, in Mexico, on the west and southwest, and in the Floridas, on the southeast: the Indian title to the lands in this vast region, alone remained to be extinguished. During the time the country was under the control of its French and Spanish. rulers, very many extensive and valuable grants of land had been made to individuals, which, for a long series of years, became the subject of investigation by the governmental authorities, and called for the action of the national legislature, as well as the judicial determination of the high courts of the Union. Of such character were the claims of the Baron de Bastrop, the Marquis de Maison Rouge, the Baron de Carondelet, Julien Dubuque, and a host of others. It is only since the year 1853 that the claim of the latter to highly valuable lands in the State of Iowa has been decided, judicially, adverse to his representatives. In 1796, the posts in the northwest were evacuated by the British, and delivered up to the Americans under the treaty stipulations. The Northwestern Territory then contained few white settlements beyond the boundaries of the present State of Ohio, within which was the seat of government of the territory; the present State of Michigan was within the county of Wayne; General Arthur St. Clair was the first governor of the territory, which was constituted August 7th, 1789. On the 7th of May, 1800, the territory was divided, and excluding the boundaries of Ohio, as then defined, the new Territory of Indiana embraced all the remainder of the Northwestern Territory, including on the east side of the Mississippi, the present States of Indiana, Illinois, Michigan, and Wisconsin, and the Territory of Minnesota; on the west side of the river, the Rocky Mountains might be considered as a barrier, but the Pacific Ocean alone was the limit of the possessions of the United States. CHAPTER V. INDIAN DISTURBANCES. Principle which governs European title in America-Rights of original inhabitants-Rights of discoverers-Ultimate dominion over the Soil-Political condition of the Indians-Review of the character of Indian treaties— General Harrison appointed governor of Northwestern Territory-His first acts in treaties with the Indians-The Black Sparrow-hawk-His rank and place of residence-Treaty of St. Louis of 1804-Vast territory cededAfterward confirmed-Fort Madison built-Jealousy among the Sacs, Black Hawk's band-Attempts to surprise Fort Madison-Territory of Michigan erected-Governor Hull-Fire at Detroit-New town laid outLieutenant Pike ascends the Mississippi-Obtains cessions of lands from the Indians-Prospect of Indian disturbances-Tecumthe and the ProphetBlack Hawk-Indian talk of Le Marquois-Enterprise and efforts of Tecumthe and his brother-They attempt to deceive Governor HarrisonThe governor prepares for emergencies-Indian hostility apparent-Black Hawk urged to join the confederacy-War parties sent out-Result of their acts-General outbreak expected-Tecumthe assembles a hostile force-Harrison convenes a council of Indians-Violent conduct of Tecumthe-Governor Harrison assembles an army-Marches to the Prophet's town-Indians temporize with Harrison-He encamps, and is attacked in the night-Battle of Tippecanoe-All the Western posts and settlements threatened-War of 1812-Conduct of the English traders-Robert Dickson, his great influence-Predatory warfare of the Indians-Dickson collects the Indians at Green Bay-Gives Black Hawk the command, and sends him to Detroit-Black Hawk remains a short time with the army, and returns to the Mississippi-News of the declaration of war does not arrive quickly in the West-Disastrous consequences-Mackinaw surrenders-Surrender of Detroit-Fate of the garrison at Chicago-Massacre of Captain Heald's forces-Alleged cause of Indian vengeance-Events of the war on the Mississippi-Fort at Prairie du Chien repaired-Captured by the British under McKay-The prisoners sent down the Mississippi-Indian rage-Major Campbell ascends the river from St. Louis-Is attacked by Black Hawk; is wounded and retreats with his boats-British send cannon and soldiers to Rock Island-Major Zachary Taylor ascends the river with a force-Great body of Indians at Rock Island-They attack Taylor, and after a severe fight he returns down the river-Forts Madison and Johnson burned-Peace with Great Britain and consequent peace with Indians by treaties-Fort Armstrong built at Rock Island-Settlements commence there-Keokuk and his band remove-Black Hawk remainsIllinois about to be admitted as a State-Boundary question-Increase of white settlements, and outrages committed-Lead trade with the IndiansWisconsin a part of Michigan Territory-Settlements at Green Bay-Indian jealousy-Winnebagoes attack a party of Chippewas-Conduct of American commander at Fort Snelling-Red Bird's resentment--Murders near Prairie du Chien-Red Bird's people attack two boats on the riverGreat excitement in the mining regions-General Atkinson ascends the river with his force-Red Bird and other Indians surrender themselves prisoners-General outbreak expected-Prompt action of Atkinson and the volunteers defeats it-Indians tried at Prairie du Chien-Convicted, and pardoned-Red Bird dies in prison-Other prisoners discharged-Country begins to settle-New disturbances on Rock River-Black Hawk returns to his village and threatens the whites-Governor Reynolds declares the State invaded-Applies for assistance to General Government-Raises volunteer force-General Gaines with United States troops proceeds up the river-Confers with the Indians-Is joined by the Illinois volunteersThey take possession of the Sac village, and Indians cross the river-The village destroyed-Treaty at Rock Island-Reflections. AN endeavour has thus been made to exhibit an outline of events that occurred in the valley of the Mississippi from the time of its first discovery, to the period when the sovereignty over it belonged to the United States, to the exclusion of the title of any foreign power. A proper understanding of the early history of any portion of the valley, required that a view should be taken of the prominent occurrences which in any degree affected the fortunes of the whole region; the space which has been allotted to such view, hitherto, may not, perhaps, be considered unprofitable or improper. Our attention may now with much propriety be turned to the more immediate consideration of such matters as pertain to the history of the Northwestern Territory, as organized and governed under the laws of the United States. In attempting this con sideration, a partial review of occurrences which preceded the formation of Wisconsin into a distinct and separate Territory becomes necessary. The acquisition, by the United States, of the exclusive title. to the vast region of which we treat, required on her part the recognition and elucidation of the principle which has been received as the foundation of all European title in America; this principle was, that "discovery gave title to the government by whose subjects, or by whose authority it was made, against all other European governments; which title might be consummated by possession." The exclusion of all other Europeans necessarily gave to the nation making the discovery, the sole right of acquiring the soil from the natives, and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which by others, all assented. Those relations which were. to exist between the discoverer and the natives, were to be regulated by themselves. The rights thus acquired being exclusive, no other power could interpose between them. In the establishment of these relations, the rights of the original inhabitants were in no instance entirely disregarded, but were necessarily to a considerable extent impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion; but their rights to complete sovereignty as independent nations were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive right to those who made it. While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate right to be in themselves; and claimed and exercised, in consequence of this ultimate dominion, a power to grant the soil while yet in possession of the natives. These grants have been under stood by all to convey a title to the grantees, subject only to the Indian right of occupancy.1 The United States have unequivocally acceded to that great and broad rule by which its civilized inhabitants now hold this country. They hold and assert in themselves the title by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such a degree of sovereignty as the circumstances of the people would allow them to exercise.2 The condition of the Indians in relation to the United States is, perhaps, unlike that of any other two people in existence. In general, nations not owing a common allegiance, are foreign to each other. The term foreign nation, is with strict propriety applicable by either to the other. But the relation of the Indians to the United States is marked by peculiar and cardinal distinctions, which exist nowhere else. It may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations. Their relations to the United States resemble that of a ward to his guardian. They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the President as their great Father. Nevertheless, the Indians are acknowledged to have an unquestionable, and heretofore unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to the government.3 The Indian nations have always been considered as distinct, independent political communities, retaining their original, natural rights, as the undisputed possessors of the soil from time immemorial: the term "nation" applied to 11 Ch. Jus. Marshall, 8 Wheaton, 543. 2 Idem. |