The Madisonian. [volume], August 04, 1840, Image 1

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THE MADISONIAN.
VOl?. III.- NO. I'il.) WASHINGTON CITY, TIB8UAY, AUGUST 4, 1840. [WllOLK NO. 377.
THE MAD1SONIAN
TUONAN A I. li l? N ,
I'M I (di ;?ii<I l'i opt It- tor.
|> O N A I. I? M A C I. B O l> ,
Assoclule Udllur,
AGENT H.
| ,?i- II l'um.WW0, 34 Catharine street, Phi
laifiphli'
I H Wt i ihn, PitUburg, l a.
UhMiVS MkeKM, "W4 Bowery, New York.
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K I low, Auburn, New Yolk.
S. i.Vani* SnwiNS, New Haven, Cl.
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I'""1- . ' ^ .
\slMKl> AND ADRLA1DK; OR TIIE IN
TKUVALl) COTTAGER.
I,',.w wild is an Untervald cottager's life,
lie lives in the rour of the elements' strife.
< in Ins mountains the snows of eternity blanch,
\iiil he lists the loud rush of the drear avalanche;
i 'onU nted lie dwells in Ins valley ofSaut,
With no boast but his freedom, his bear skin, and bow '
Voting tiaspard, whom all Ersenfelden admired,
\\ is scarcely sixteen when his father expired;
IVrre summoned his elntd to the liedside, ami said?
I am ? I > i n ?* ?take care of our poor Adelaide?
Tllou art heir of this hut in the valley of Saul?
Thou art heir of my freedom, my bear-skin, and bow!"
lie sjM>k<? not n word, but in duty ho bowed.
I |e kissed Ins sire's hand and he wept out aloud '
\ ountj Adelaide swooned in the arms of her brother,
When she heard the deep soli he attempted to ?mother :
lb is June- they ariaicft in the valley ofSaut,
W itli hi- blessing,his freedom, his flbur skin, and bow1
They till the rude garden he left them to till,
Thev breathe the same air and thev drink the same
rill
\s tin t o'er the mountains as Pierre's ever llew.
Tin :, el ol young Gaapard the w dd goat pursue
And at night vv hen lie turns to his vullev ol' SaUt,
Hi i \ults in his freedom, lii.s bear skin, and bow !
The eM * oftlle spoiler beheld Adelaide,
I le entered the cottage?lie threatened the maid:
Hut Gaspard appeared ere he wreaked Ins desires.
Ami cl.i~hed out his brains on the hearth of his sires.
Such vengeance is due in the valley of Saut,?
Prom the heir* of its freedom, its bear-skin, and how '
The Committee on Indian A flairs, to whom
was referred the Report of the Secretary of
\\ ar. made to the House of Representatives, 1
in the l-t day of March, 1S3'.i, in relatioft to j
the proceedings had under the tir-t and se- !
eond clauses of the 4th article of the treaty ol
the l-t of November, lvi7, with the \\ time
hago Indians, have had the same under con
sideration ami make the following
REPORT:
The ('otumittee have examined the subject
committed to them by order of the House, with
as much attention as their other duties would
permit; they have summoned to Washington
and taken the testimony of a few of those per
sons who were present at Prairic'-du-Cliien,
while the several commissioners appoint)d bv i
the < ioyernment to adjudicate the claims of
half breeds and creditors provided for ill the.
treaty ol Is IT were employed in the discharge
of that duty, and were, sis the committee sup
posed. iible to one the fullest information as to i
the manner jn which it was performed. They
wi re l-ii such, as from their residence, pursuits
and general observation of the course ol Indian !
trade, would be most competent to understand, I
i xplain or expose whatever might be otherwise |
unintelligible and escape the attention of the ,
< "intnittee. From this and other sources, they
h i v ? i III eted a large body of testimony, which,
while every part of it may not appear to be rele
nit to the subject immediately under .con-ide- i
i,ition, the committee believe will be found use- j
nil in au\ future investigation, which tna\ arise i
? ait ofatn 61'the treaties with the .Northwestern
Indians and may also aflord important i n I < ir 11 in -
lion in those entrusted Vi ith the future negotm- i
tit'ii niil i \e< litiiin ot treaties in that quarter.
Ai an early period qf the inifestigaliort, a ma- i
i 111\ "l tin committee became satisfied, that j
v hat? vei abuses oi eiirruptions iniirht be esta
blished in the execution 0i the first eiimtnis-iot),
hi' whatever errors or improprieties there might
lie under the -eeninl, it \v;isnni probable tli it the |
pl'inil Upon thn.se point- Would be so concurrent, j
st'"M- 111,1 sati-l'aeHrv, il- to jti lily ||,e setting
iside the awards made under them and toad
vise ,i new c?,mission.; and they therefore
gave ,i wider range to tlo-ir investigation; ex
ii ndiii. it to ihe general course of Indian trade !
in tlie Northivi.-.si ? the motives and influences
which generally prevailed both in the making I
?i> i i xecution ol Indian treaties, and the habiu
'' " 1 ?1' I - and impositions practiced under them,
/! "I I1'" ? ''overiinn iii and the Itiilians
' 1 " "Hits of the elaborate investigation, in
' "r ?>' these points by the committee,
' v'n"'> alter all, have time to digest and
l 1 " 'he 111 at - e. in such luriii as to ftillil
'' 1 ''ii |u-t expectations, formed at an early
I" : il the inquiry they c in now only present
1 '11"11'? 11'of lb itiformaticm collected, and of
" - - ? ? 111? ? 11< ? 11s wmcn may lie tairly made Iroin
tli' in.
\ ill' pi incipal ground on which this investi
' i i V"1 ili-tilutt-il by the I louse, was tlir al
nf vi rv gro-s fiuuil and ('(irruption in
111 ori filings of ilii' first commission, under
: ii'Mty. they directed their lirst inquiries to
>' | i.i I'ruiii the prominent part which one
| i i!i''i|..i! a^enl? cuneerni d jn the nogo
'i ' I tlie treaty took in the adjudication ol
? 1 l-i..11 uiidi i it, the ('oniniittee inferred that
11 ' which wi re so manifest in the pro
' ? ? ?' "? o! the commission might have been
i' ' 'ii-iuiimafinn of an original fraudulent
n m making the treaty. They therefore
' I' iui11 'ri/et) to inquire into the origin of the
'" ? 11v. .1 ihe eiretiiiistance.s attending its ne
11 This iinpiiry has developed soiim
'ii ii i i.ni, mid sungcMs the propriety of still
|r|l" i i > uuii.ations into that branch ot the ad
I ? ? duties (if tie < iovernniellt.
l ie ;Ki of :Mh May, I^.tl>, by which
? nl ri moving the Indian tribes Iron)
i io lie west of tin Missi?sjp|ii was sanc
?? i!i? I 11r(?\ idi (1 tor. most, it not all, ol the
.ii- in .iti< - made w iili Indian tribes have
in lc?s 'connected with the execution
II |"'Iic\. That ad was passed chiclly
?i >n w in the removal ot' the t herokees
'?tin r lnrg>' tribes of tlie Soilth, whose loi. :?
' ii'sidi'iiei within the limits ol the Htates,
1 iii> iii 'I I., produce serioiis collisions between
' <? luri-iliiiinn of tin Federal t Jovernmcnt and
1 "state-, and between the States And the In
' 1 ; 1 > ?'s y liich el.huh d to regulate tlicit own
!'l 11r?? within tin ir own country.
I!ut itie authority given to the Kxecutive by
tli.it act was not confined to the Southern tribes
it w;t - general in ii- t- rm , and applicable to
all MitUUtetl fust o( lilt' Mississippi ; ii ill I wu.s
?oon ft.ii-.tiu.-d to extend td each and or rem
"? nt i.| former tribes which fontinttfd to hold
reservations in any of tin- Statfs : a large dis
cretionary (mmvit was necessarily vested l7y ihut
act hi the b.xecutivc in tin- negotiation of Indian
treaties. Besides the natural tendency of such
(M-rsons to increase in I lie hands of the best of
men, there i - always a continual effort on the
part ol inteifited and iiifrffuary individual.-) to
avail themselves ol it and multiply occasions for
the eni|.!oymeni ol it. Thus it has happened
that within the last eight or ten years, there litis
l.een a treaty making mania privalent in the
eouiitry.
Artlul persons, without the slightest reference
to the public service, or to the true interest of
the Indians themselves, have made a business of
getting up Indian treaties. In this way, the
policy of Indian removal and making Indian
treaties has becotuc a joh, to a great extent, for
the bcnelit of the negotiators and others con
cerned in their execution. It is of no conse
quence whether a treaty is made with a large
tribe or a -mall one; whether the lands ceded
by tlieni be of much value or none at all ; wlie
ther the true interest either of the United States
or the Indians, will he promoted thereby or not,
it answers the purpose of the treaty-makers by
profession. II' a whole tribe cannot be got to
emigrate, apart is eagerly treated with, without
any movement on the part of the People or ol'
the State in which they reside. A single com
missioner or treaty maker has received since the
passage ol the act of, IH.'MI, upwards of sixteen
thousand dollars in pay and mileage, for his ser
vices in making, or attempting to make, Indian
treaties. In another instance, another individual
appears to have received upwards of live thou
sand dollars for negotiating a treaty with a mere
remnant of a tribe within his own State. In
the same period there have been fifty-nine trea
ties negotiated, at a cost of $84,1112 paid in af
lowances to commissioners and secretaries, in
cluding !*21."> 2". lor contingencies.
Another policy adopted by the (ioverniuent
has been to provide lbr numerons special com
missioners by tnaty, which lias proved a strong
inducement to the multiplication of treaties since
18:10. Since that time, there have been institu
ted thirty-three of these special commissioners,
and there has been paid to them and other agents
employed in the execution of treaties, one hnn
(In it mill .ii.it 1/ four thonsil ml tltn h it ml ml mill
ninety iloUms, of which sum, $2-1,0111.1 was paid
for contingencies.
This statement does not include the large
amounts paid within the same period to the
superintendents ol removal and their assistants,
which, in one vcar, together with the salaries
paid to the permanent officer and agent employ
ed in the Indian department, exceed the whole
annual expenditure in that branch of the public
service ten years ago, estimating the expenditure
of the whole year by the amount shown to have
been paid during a part of it.
The general practice ol selecting commission
ers to negotiate and carry intoclh cl Indian trea
ties who reside at a distance from the country
affected by tliein, does not answer the purpose
for which it was adopted, nor does it appear to
have been adhered to in all cases in which the
propriety of it was most manifest. The enor
mous allowances for mileage alone, lias made it
an object with too many to sc. K the ollice ol
commissioner for the sake of the emolument
only Such nu n generally enter into the busi
uess conlided to them, w ithout feeling any inte
rest or having any proper degree of knowledge
of the subject. They arc' placed in a situation
to become the dupes of the designing and art
lul men of the country where the treaty is ne
gotiated or carried into execution.
One instance of the abuse of thi* policy,
which has been brought to the notice of the com
mittee in the course of this investigation, show s
a payment to a commissioner to treat with the
\Viii'iiehagofs. in l.sllO. who resided in Penn
sylvania, at limit y-Jour ilollar.i lor tliri ? <t<it/s
attendance, and on> thouxuihI fin liinuli itl </"/
hirs hi Utilise, and no treaty made at last.
But a greater and more serious uiischicl than
those already enumciated, has grown out ol the
treaty making policy ol the times. I lie large
sums ol money paid to commissioners and other
a^i lit- employed in the negotiation ami e.vccii
lion of treaties, i- ol but little consequence, in
comparison with the whole cost or expenditure
of numerous treaties made in pursuance ol the
act of 1*110; but which, in fact, were made in
almse of the policy ol that act.
15? 1<11? - iIn? individual and sellish interests at
Work hi getting ii|i treaties tin the part of those
who have no other motive in view hut to in
rich themselves, there is often a loeal interest of
a political nature co-operating with them. It be
conies a part of the policy of public men within
our new and extensive territories to effect the
removal of tin' Indian trihes to some point lie
yond their limits as rapidly as possible ; and tiny
frequently have suflii'jeut ilillut licc to hringaholll
a treaty against sountl policy, and without any
regard to the genural and periuanent interest,
either ol the l iiited Slates or of the Indians,
and having no tendency to promote the general
policy of Indian removal.
Where treaties are made with these motives
and objects, the subordinate agents employed in
negotiating them, being generally persons sup
posed to have the confidence of the Indians, are
only concerned that a treaty shall he made that
large sums of money are provided for distribu
tion among favorites, and that special reserva
tions or gratuities' shall be secured to themselves;
but as to the question what the < ioverninent ought
to give or pay in exchange for the lauds ceded :
whether the country to which it , is proposed to
remove them is not really of greater value than
the one proposed to be ceded by them ; \\ hetlier
the danger of collision between the Indians
and the citizens of the I'nited States would not
lie increased rather than diminished by the con
templated exchange of countries ; whether, in
fact, any one beneficial object, either to them
selves or the United States, will lie accomplish
ed. All these questions are lost sight of' by the
negotiators, in their eagerness to accomplish
their own si Ifish purposes. In this manner,
large portions of the public domain are surrcu
dered to persons who have no claim upon tin'
(ioverninent, nor upon the Indians; and million-,
of money are lavished and expended, in pursu
ance of the provision: of a treaty which ad
vances mi single interest which the < Sovi rnincnl
is bound to guard and protect. And it some
times happens that a bloody and expensive war
closes the catalogue of evils attending these im
provident treaties.
The point which the committee fc< I bound to
represent to the Mouse, and recommend to their
serious consideration is, th'it most, if not all of
the late treaties in the Northwest, are clearly
liable to the objection that they were gotten up.
and the terms of them prescribed by an interest
or influence which, il not met by a decisive re
sistance on the part of the (ioverninent, must
continue to increase, and throw insuperable euj
barrassrnt lit- in the way of any future and
l beneficial arrangements with the Indians, in
furtherance ol the established policy of' the tin
vi rutin nl. Since the treaty made with the
<'hippc\va> in IVHi, every person in tin North
west or elsewhere, who was engaged in the
Indian trade, in that quarter, and met with any
j loss by bad debts at any time from the origin
iif the tiovcrnment down to the present period.
! has either been paid already, or may rationally
expect lo be indeiiinilicd under the operation of
the treaty makiii:! system lately introduced;?
and every person now engaged in the same
trade, i-. encourged to extend Ins credit* with
the Indian- by the certain prospect which i
held out, thai if the Indians, shall he too lii/.y to
limit, orshall lail to pay him on uuy other account,
the (Government will indeiunitiy them hy tin
lir-i treaty hereafter made with them.
Tins would not t!|i|icui' so unreasonable, il tin
advance or profits upon the outlay* were not so
exorbitant and so exacting. Hut the injustice ol
such a calculation ol' profits in business will h<
manifest when the House is informed, iim tin
< 'oiniiiitti e have been, liy the evidence befort
them, that the general haliit of the traders is to
sell or furnish their goods to the Indians at such
an advance upon their cost as will allow them a
handsome prolit after deducting the amount,
which long experience has shown to he a fair
average loss upon the Credits given to Indians
in any series of years. Far in the interior, two
hundred per cent, is the usual advance upon the
cost, at which goods are supplied. Among the
tribes bordering on the States and Territories,
one hundred per cent, is the common advance;
and among those tribes where the risk is less,
seventy live percent, is I he charge beyond the
cost.
Upon looking into the treaties in which large
sums have been appropriated to the payment of
Indian debts, it will be found that the moM nu
merous class of debts are composed of old ba
lances of credits which, until recently, were
never regarded as of any value?so little that 110
books or written memorandums of any kind
were kept of them. In many cases the payment
ol these old balances would secure to the tratlei
a profit of one hundred per cent, on the amount
of the supplies furnished the Indians. It will be
readily admitted that cases may exist, and
doubtless there are many such, 111 which the
trader has been uniformly unfortunate, and in
stead of making any profit, he lias met with con
tinued losses. To pay such debts might be merc
torious and just enough, but the misfortune is,
that it is usually the successful trader only who
retains any great degree'of influence with the
Indian; and when provision is made for the
payment of debts, they are but too likely to en
gross the \U10le.
If it shall be said that these allowances for the
payment of debt~* are at la*t but the price which
the (iovernmcnt lias to pay for the influence of
the traders in effecting a treaty, it will be suffi
cient answer to say, that this influence may. and
will soon come to be, held at too high a price for the
convenience and resources of the Government.
It i- an old maxim in the management of Indi
ans, " those who furnish their supplies, govern
their councils;" and thi> now appears to be true
111 the case of all the wild tribes upon our bor
der^. (ireat efforts will be made by traders to
increase this source of wealth by extending their
influence with the Indians, ami 111 time it will
come to lie so, it it is not so to some extent al
ready, that the established policy of the traders
will be to allow the Indians to dole out their
lands in small parcels, at such times, and upon
such terms only, as w ill he.-t administer to the
necessities and wants of the traders themselves.
I'ul the injustice that i-> perpetrated by this
policy upon the Indians, as well as its demoraliz
iii'.; tendency upon the traders, should cause the
United States to discourage it by every means
in their power. \\ hat a firm and -met adminis
tration of the laws and policy of the Govern*
incut in the regulation of the Indian trade might
do, perhaps, has not been tried to any great ex
lent. That much might be done, by proper
care and attention, to put down these impositions,
both upon the Indians and the (ioveriiment, in
the future negotiation and execution of treaties,
cannot be doubted.
'1 he <'oinnititee lias already remarked, that
it would Iiv no I matter whether the debts
provided lor in these treaties he just or not, if
the public is concerned to any considerable ex
I flit lt> mtikiwt* n y wkidi ounnol ullu rvvisc
be effected than hy appealing to the avarice ol
tlic traders; hut it is to be regretted that too
many of these treaties jiave been, and may yet
In', i nil red into, under the influence ol this pas
sion in the traders, artfully and successfully
brought to bear upon the (tovernment, without
111>? slightest regard to imv substantial public oh
ject or interest. Nay; sometimes, as it Willap
pear clearly in the case of the Winnebago treau |
under exnniination, that treaties have been made i
in dm ct opposition t<> tla uiterest ol theGovern
11k'iit and people ol the I nited States. And all |
such, ti en ties are but another mode ol taxing the i
people lor the benefit of a class who have tin* |
least occasion for the public bounty.
In reference to the Indian traders (lie Coin
uiiilec would not be understood as attributing to
tin in, as a class, and without i xeeptiou, the ab
sence of all patriotic feeling and principle; nor
would they represent them all a-- incapable <>l
just and fair dealing; and that there are not in- :
ill vidua Is among them distinguished lor justice ,
and strict honor in their intercourse both with
the Indians and the Government. That there
are such is well known ; hut, unfortunately for
the public service, they are not the persons who
usually thrust themselves forward and become
the agents for the Government in making and
executing treaties, in the opinion ol the t'oni
mittee, it would be better on every account that
such persons should be selected, and these im
portant trusts committed to them, instead of em
ploy iiilt the less .-crapulous traders or their agents
to operate upon the Indians, as is often done.
The practice of providing large sums for dis
tribution among half breeds, has also led to great
abuses and frauds in the execution of treaties.
If it be really necessary to do something of this
kind, in order to effect a treaty, the abuses so
manifest of late should be guarded against by
more specific provisions. The policy should
be, as m making appropriations by law, to spe
cify?to leave as little as possible to the discre
tion of the Government agents in making the
distribution. The amount and character of
fraud perpetrated in the execution of treaties in
which such provisions, to any extent, in the
usual form, have been made, are revolting to the
leeliii^s of the inquirer. No mode or device could
be iuventedfor the introduction of a more odious
system of partiality, favoritism, and fraud, in
proportion to thesttmsof money to be distributed
than the form in which these stipulations in behalf
of half breeds are usually made.
The committee will now proceed to illustrate
and establish the correctness of the views al
ready presented, by a brief reference to the eir
?nmstances, under which the W innchugo treaty
of 1st November, 1SI17, was made, and the man
ner in which it has so far been executed.
Dy a treaty made with the \\ innebagoes, at
Fort Anthony, on l!ock Island, in ISII2, they
cedi d to the I nited States all their lands lying
north and east of Wisconsin and the Fox river
of Green l'.ay ; which, in fact, included all their
lands of any great value east of the Mississippi,
reserving only that portion of their country east
of the Mississippi which Was ceded by this
treaty in 1S:I7.
In exchange for the lands ceded by the In
dians in the treaty of 1 the United States
assigned to them a considerable portion of the
country lying opposite and west of the Missis
sippi river, known by the name of the "Neutral
Ground. I hi- is a strip of land of about lit
mih - in breadth and I III to I >0 niih's in length,
bordering on the river a short distance above
Prairie tin < 'liien, and extending in a dm ction a
little south of we-t to the DesiMoincs river. It
lies between the country of the Sioux on the
north, and the Sac and Fopt Indians on the
south. The Sioux and Sac ami Fox tribes had
long been hostile; and the Government, in or
der to interpose some sort of barrier to their con
tinin d aggressions upon each other, held a treaty
with them, jointly, in July, ls:il, at Prairiedu
(liien, at which the Sioufc were prevailed upon
to cede to the I nited States for a mall con i
deration, twenty miles on their southern border,
extending from the Mississippi to tin* Dev
moines, and the Sues und Foxes agreed to cede
an equal quantity of land on their northern
boundary und adjoining the Sioux, to he held hy
the United States, us ueutral territory, to which
neither parly could set up an exclusive claim.?
In violation of this agreement by the United
Slates, as understood by the tribes who made
the cession in 1831, the largest portion ol' these
lauds were assigned lo the Winnebegoes in the
treaty of 1832, as has already been stated. The
Winnebagoes were to be at liberty to take pos
session of the neutral ground as early as the,
month of June, 1833, and they were not per
mitted to plant, fish or hunt upon the lands
ceded by them after that time. The policy of
the treaty of 1832 was evidently to procure a
line tract of country for settlement. The assign
ment of a part of the neutral ground, on the
other side of the Mississippi was made the pre
text only for making a treaty, and to ixtmnly
with the act of 1830 only so far as to provide
that the Indians should go from one side of the
river to the other.
Hut it was soon ascertained that both the
Sioux, and Sacs, and Foxes would consider the
Winnebagoes as intruders if they attempted to
occupy the ''neutral ground anil as there had
been no good feeling between them and either
of those tribes in time ]>ast, they refused to oe
?4?py 't'hry nfVrtthrlrw TftrrfJ from Mu
rium try ceded by them in the treaty of 1832 lo
the remaining |>ortion of their own country east
of the Mississippi.
The committee have been more particular in
making these preliminary statements, in order
to illustrate a common source of these Indian
wars, in which the country has been recently
engaged, at so much sacrifice ol blood and trea
sure.
As between the Winnebagoes and United
States things remaining in the situation already
described until 183tj, when < 'ongrcss made an
ajipropriation for holding a treaty with them on
tin- ground, as it was expressly represented by
the advocates of the measure, at the time, that
the Winnebagoes would probably agree to treat
upon the basts of their removal south of the
Missouri river. In the lull of that year, Getferal
Dodge, Governor of the territory of Wisconsin,
acting under the direction of the Executive,
culled a council of their chiefs and proposed to
treat with them for a cession of all their lands
east of the river Mississippi, but they declined
positively to treat upon any terms. In 1827 it
appears, by the evidence of Satterlee Clark, that
a delegation of the different bands of the tribe
was prevailed upon to visit Washington upon
the express anu repeated assurance of their
Iriends, on whom they had most conlidenct*, that
they would not be expected or required to make
a treaty. Satterlee t'lark states that he gave
this assurance to the Indians himself, and upon
u > other condition would he have recommended
tlifm to come to Washington, and under no
otvr circumstances could they have been pre
vniled U|H>n to make the visit. The same wit
ue?s also testifies thai (Jov. Dodge applied to
him to use his influence to get them to go to
Washington, and directed him to assure them
lliit the object was not to make a treaty with
lli^i United States. There is no evidence to
show any insincerity on the part of Guv, Dodge,
ai d the part lie took iu sending the Indians to
Washington, is stated to show that the Indians
wire influenced to make a treaty alter they ar
rutd iu Washington. They set out Irom Prai
rii-du-<'liien in charge of J. A. H. Boyd, their
agent, Clark and others. They were joined on
the way by Nicholas Boilvin, a son of one of
their former agents, who was thereupon em
ployed by Hoyd, to proceed with them to \\ ash
||ir*ti\ ^ nml Arm tim* liinr forwnr?l h ?
mo*t prominent and effective part in all that
grew out of their visit to Washington. In all.
thire appears to have been seven attendant -
wlten they reached Washington. >.
sometime.alter their arrival. the opposition of
most of (lit' Indians to a treaty gradually de
dined, though some continued reluctant t<> the
last. The influence of Satterlee Clark, who
possessed their Confidence 111 a higher degree
than any one else when they set out from their
own country, and who was himself decidedly
opposed to making a treaty, was soon superseded
l>y the address and management of Boilvin and
Boyd. At length they made the treats of Nov.
I. 1837, by which it will be found that Boilviti
secured to himself and family connexions, ami
the other persons connected with the expedi
imii, donations amounting to about $40,000,
which was so much in hand, so soon as tin
treaty should be ratified, and an equal prospect
with others for securing a portion of the &I
hi in provided for distribution among tlie creditor*
of the Indians. It will appear in the sequel that,
although the donations above referred to were
expressly given for sei vices and supplies already
reudereu, and thereby excluding the idea of any
further claims upon the Indians, they had the
address to secure auiong them upwards of forty
six thousand dollars of the debt claims provided
for in the same article of the treaty, and the fur
ther suin of $23,400 out of the half-breed fund?
making together nearly $110,000!
That this treaty Was made chiefly in reference
to private interests; and that the Indians were
prevailed upon to yield a reluctant consent by
advisers, actuated alone by their own cupidity,
is sufficiently manifest by what has been already
stated. But the evidence will shew that in i
vute intercuts alone have been promoted by it.
It is proved, to the satisfaction of the Com
mittee, that the lands ceded to the Uniti tl States
by the treaty consists, in the most part, of pine
lulls, valuable only fur the timber, and not more
than one-fourth thereof being arable land. And
although it is perhaps more than three times
greater in extent than that part of the " Neutral
Ground " to which they were required to remove
by the treaty, yet that the latter would be a far
more valuable acquisition to the United States,
being a fine body of land for settlement and cul
tivation. Take this fart, in connexion with the
terms of the treaty, and it will appear that the
Government agreed to pay one million and an
half of dollars as a compensation, to the Indians
for agreeing to accent and occupy lands of much
greater value than those surrendered by them
under the treaty. To the original moneyed
consideration may now beadded sixty live thou
sand six hundred and forty live dollars already
expended by the Government in carrying the
treaty into execution.
When the further fact is slated that the In
dians, in this new position assignee! them, will
be more exposed to collisions, both with the sur
rounding tribes of Indians and the citizens <>l
the United States; that the country ceded by
them, east of the Mississippi, besides Ileitis: less
valuable to the Government, is far better adapted
tn Indian occupancy than the''Neutral Ground,"
and that it is by no means certain that a war
will not vet spring up between them and the
frontier inhabitants before tin y can be driven
from the lands ceded by them east of the Mis
sissippi. No manner of doubt can remain that,
so fat as the public interests are concerned, the
treaty has been entered into ami executed, at a
positive loss to the people of the I'nited States,
already ascertained, of more than ? I.
and a .contingent loss of much more.
Another material objection to the treaty of
1837 arises from the consideration that the ne
cessity of another treaty, and a re-purchase til
their claim to the " Neutral Ground," with a
view to their speedy removal to some country
still further west, will be far more manifest anil
urgent than any that existed for making the
treaty of 1837.
When to all the>-e examination^ and objection1
must In- added the luitlier and important fai.t
thai, by tlit- treaty of 1837,the ''Neutral (iroin)(]"
was only looked to um a teni|>orary residence ?,f
the Wiunebugoes ; that there was an expics*
provision lor the expense attending the exploring
expedition into the eountry south of the rivet
Missouri; and that the Government has, not
withstanding, decided upon the employment of
force in compelling this temporary occupation
ol the " Neutral Groundsome estimate may
he formed ol the improvidence, m point of ex
penditure at least, with which the |?olicy of the
act ol 1830 hag been car/ied out. The Commit
tee arc utterly al a |o>js to conceive the motives
ol the Executive in carrying into execution a
treaty so disadvantageous and impolitic, um very
point of view, by force of arms.
That a sufficient motive may exist is ni*rely
possible. It is against every human probability
to suppose that, under all the circumstance* of
the case, any one good object can be obtained
by such a course. If the Indians must, l'r|ui
necessity, go still further west than the " \t?i
tral Ground," a question arises, lirst, why wu
tlie treaty of IH.I7 entered into ! It was tlifii '
known, as is evident from the terms of tie
treaty, that the. " Neutral (around" was not sujt
able for them as a pernianeut residence.
Second?inasmuch as it is now ascertained tlijt
the country ceded by them East of the Missn
sipni, is a safer and more convenient temporary
rrtrnrilPf fur ttirnl, a1* regards tlirtr ow .j'
safety and interests, and tbon<* ol' the United
States. Why should the arms of Government
be employed to put both parties iu a worse con
Jition than they are at present /
From every circumstance within the know
icdge of the committee, connected with (lie
ireaty, it was made without any adequate public i
rbject, and lias been, so far, executed in the j
iiere wantonness of extravagance and power.
The ireaty was ratified in the month of June, i
l8US;and commissioners were appointed bv the
['resident to distribute a hundred thousand dol
ars among the half-breed relatives and friends
jf the VVinnebages, very much at their discre
:ion, as lo the sums to lie apportioned to each
ndividual, for the committee can see very little
imitation upon the absolute powers vested in
hem over that fund by the instructions, lo hart:
?cisunl lo any cnjHWitij or ilinpom'1 ion to mi
/>?/? nerricet which mmj be ilincoVi reil in chil
Iren.
The President, by the instruction that the
listribution should be made, not per capita, but
o be regulated by merit ol any kind, threw the
loor wide open to the exercise of every species
jf bribery and corruption.
Proceeding, as the committee suppose, on the
policy of selecting agents from sections remote
from the sphere of those local influences likely
to bias their judgment, the President ptoceeded to
tppoinl Gen. Simon l.'amerou,,of Penn>\ Ivunia.
ind James Murray, Esq., of Maryland, to pro
feed to Prairie-du Clnen, to distribute the halt
breed and debt-claim fund, set apart by the
treaty.
It is clear from the evidence that, by one ol
the commissioners at least, his new olliciul st;>
lion was regarded asalfording a fine opportunity
of enriching his friend, if not himself?lor the
proof is indisputable, that Or. 1). M. Brodluad,
who is shown to have had most friendly and in
lunate relations with (Jen. Cameron, look with
him lo Prairie-du t 'liien, ul least $.'}(),00U in
notes of the Berks County and Middletown
Banks of Pennsylvania?of one ol these Banks
Cameron was cashier; and the other eireum
stances detailed iu the evidence, leaves no doubt
of the fact, that Cameron was either direcilj
concerned in the purchases made of halt breed
claims by Brodhead, or that with a full know
ledge of them, he connived at and sanctioned
tKo*n tit
The evidence of < harles II. Stew art , a gentle
man actively engaged as attorney and agent in
advocating many of the debt claims, details
circumstances which put this point beyond all
cavil.
Tin1 result wa.-, ;i> admitted by Iiiodlnad I
tutiiMelf u( ilit' close of the commission, that In- J
was the holder ol hall' breed claims allowed by (In*
commissioners for the amount of &S0,n()(i, lor j
w hich he had paid only about .*40,000. How a
transaction so gross and scandalous, and which, !
but lor the responsibility assumed by the d:? ;
bursing agent, (Major Hitchcock) in icfusiug to j
iiay the certilicates issued to Broadhcad, would '
nave been consummated, could have received j
ilie sanction of both the commissioners demands
some further inquiry.
The half-breed fund, by direction of the treaty,
was to In- distnhiited under the direction of the
President. 1 iy the instructions to the commis
sioners from the Department of War, they were
required among other things, to hear the state
ments ol the chiefs, publicly made, with regard j
to the riiflitsj ol the applicants ; which, of course, j
would include the degree of relationship, and,
as in a subsequent part of the instructions, the
distribution to each of the rightful claimants
was to be made in proportion in the "value and
extent of services or supplies rendered the In- )
dians, and the capacity, disposition, and inten
tion to render them in future." The statements |
of the chiefs tin these points were also intended
lo be received. These statements of the chiefs, j
thus publicly made, if not controverted or dis- |
proved, were, by the instructions, 10 be held j
conclusive. A distribution upon such indefinite |
principles, necessarily opened the door to the j
practice of great partiality and favoritism. I.iut
the instructions, if compiled with properly, were j
well calculated to check any gross injustice.? i
The direction was, that the statement of the |
chiefs should be publicly heard; that a list of
the respective claimants, setting forth the name,
age, sex, degree of relationship, anil amount
awarded, should be afterwards presented to the
chiefs in council, receive their assent by their
signatures, and thai the payment should by made
to each of the claimants, and his receipt taken
on a list furnished to the distributingagcnt by the
commissioner.
In nil llu'no re?p<>otu, lln> instructions Were
disregarded by the commissioners. They did
not hear the statements of the chiefs who at- j
tended the commissioners, in council nr publicly,
nor did they read the award in council when
made. The proof upon this point is, that Nicho
las Ikiilvin, alter the awards were made out, and
a council of the Indians was called, touk the
chiefs into a room bv themselves, and when
they came out they simply called for the li-i.
which, when produced, were signed bv llicm
without being read. The Indians were then
removed beyond hearing, and the awards were
for the first time made public. One of the hall
breeds being present (Kaspall) complained ot
the injustice which had been done to linn. He
was one of the six, out of more than an bun
dred claimant*, who had not sold, and drew his
own money. He accused the commissioners ol
being concerned in Hrodhead's purchases. He
oflered iii prove thai certain claims allowed,
were unfounded ; but lie wasathen told that "it
irns loo liitf, Ihe ninth r iriin doMci!.''
li is by no means certain that the chiefs km w
what the awards were, when they signed tin
list.
The issuing certilicates to Broifhcad was
put upiin the ground that, the nioiie\ bail not
arrived at Prairie du Chien before the eominis
sinners had closed their proceeding*. I bis <'?
not appear to the committee n> furnish any jus
tification for their conduct. 1 he neglect lo
comply with the instructions in these important
points, together with the further fact distinctly
proved, that the oriifnal draft ol the awards was
made out in the handwriting of Broadliead
thai they were sanctioned by the commissioners,
, j,,. appeared to have presented them without
addition, except such as was ; - f
which appear* t?, )iUvc- been di ,
which he had bought?thai ih ? i?, ?
or public investigation of the ? it ?'
breed* claims allowed, and tli . < t" ..U' t
had, six weeks befoit', forcto r
suit w hich was afterwards mi
tin- whole tltilisactiou With the '?
throughout.
I'lie spirit in which provi*i< <
ili-lit* was made, and tin- u
'he treaty itsell owes its exi . in
>? ired from the terill* of It. " I; . . ij.i
on which they are to lie paid tit . i.
*'?'ascertained to be justly du
? iiiu-i I ml mitt ii/ by , i
iillicii Di in ascertain t
.ne just they must also be i *? >,
iliaiis. It i\?.y r,.|tJse tht*ir
debt, however j?mt ,i may be
not be paid a to th . ?
upon this clause by the Ne< ,t ? i
the commissioners. There i .k.
by the treaty of all claims fi ; ? . .
the construction of the | ?epi
iiid the chief's of the \\ nine
ly to reject a just claim or ;u
it their discretion, when u
raders to whom they look ti
lave usually the control of t
?very subject, it will be perc
rery idle ceremony on the |
m ilt to institute a coniini ? >
liese elanns.
11 was not only a useless 1 >>?*
?art ol tile ( iovel lillient, III
ail to subject the decision
?harge nt unrairnes^ and iuj i ? " i !
nent ol War, uiiinteutionall
?d the inherent difficulties ti?
nstructions drawn up for t
MnimiSRioiifn, by wWi?*U*
HK>ks or accOUIIIs remiliirty^
lueed iii support of each ?
oss or destruction should
imitation of the evidence b\
)<? established, not only ad >
lortant requisite to those pre ? ' 1
iiit it excluded a large maj
?specially those of long stai
It appears there were tv
mrted by proofs, according ? ' ' ?
I'lie largest number of the
iished supplies anil extendi ? ?< I
ime when they had no obiee ?
vould all have been excludc ? I ! ?'
il the Department ; but ac
irineiple that a debt may b ! t :
insupported by regular cut I- ? "
?otinl, the commissioners
'very description of eviden
bought proper to produee, e ?
iwards in favor of llUineruv ? >
iiid no particle of cvidenci
lie nature prescribed in the
Having once set aside tli
? mictions, in regard to tin
lence. the commissioners
hemselves with greater i
hail they possessed under
iroke through the restraint ? It
t provides that in case tl >< ' 1H1
VVinnebngoes should exc "? .
should be paid pro-rata. ,'1 ' v. ?. jicf
it' half a million of claim
eiitlis ol the amount of the <? ?? I '?
?vidence which the iustrui ?
insufficient. without the
regular entries or books.
structions, the two chimin) ? 1
amounted to near fifty th ' 1 ' ?k
entitled to their full ainoun * '
consiib red 11\ the commis? ..?
full credit; and it was not ' . ' i ? >.
would vield tin ir rights u
and voluntarily submit to ; ? o ? '
of the funds among clanna . > ...
siijip<irted by such vague ai in-? .- .
ny as appears to have beet, nfdiicf <' (?< '
jf many of them. The couun?*K>in 1 ? i
ibis difficulty, however, by .? !'??? "g t \ su.
proportion of each claim, s 1 ?; ??:?? i
limoiiy as reduced the x% e
i-laiiiis, including those sil ,-i
the #150,(Hill; and in ibis '
difficulty.of subjecting the sus!..' ???'
regular proof to stirh a | ?'' ?????
they would have been un f"> ? ?
The whole amount allowe
?liHi,li(?tl, so that the pro-rn n cle
ban seven'per cent, upoi ? , . ni <? r>,
- la 1111 allowed.
The scopji' which the c< c mv ? ;sci' ?
illowed themselves for tlit
iiid faviiritisin was almo ? wi i ?
"oniinittee will give a few i ,;i. '?<
ner iii which the discretro t nn- , ? >?
?ised.
]vi M'iun'1 iirusiiois rsiate
imm? for jr,?){|s anil mrrrlia
credits given, A c. from 17
missioiiers allowed him
Iliii 11 half thr claim.
Joseph Rolette presenter
lor credits due from 1812 to
ing liis loss lor each year at
ten years. < >11 this claiin
allowed $11,(ilill (Hi, nr nei
nmount olaiined.
The administrator of .U
claim for $22,00(1, for lo;se
to Is 12, and I om 1S1?> t'
commissioner* allowed ifi.!
third.
John I .awe presented 1.
lor goods and inetehandi*<
to |s;i7?mi IJ11 v the Colillli;
a little more than
A ftei the admission of trie
founded on irregular and t'..'.
n\. it might have heen e r
missioiiers would have a| pi
of W ar for In- approval
forthwith to eomply with
instruetions, whieh atith ri/e ,
eertilicates to each elan
awarded, payable at the 'J
(HI the part ol the eoiill
serious obstacles to any pi i
of errors in other respects
liticates soon passed into i
lies wholly ignorant of ar
ceedings on which they w<
The clause in the treat\
l he debt claims shall lie ad
has received a constructli i
War. which appears to tin' '
any ? flort on the part of I
equal justice to the several
nugatory. After direct in
into the merits and justi
<)?iiriiiLt that transcripts ol
exhibiting names, dates, i
and requiring the product)
entries in support of thei
if not, that their lo--> sho lii
it is further required that
dians In the Ueprtrt ol the
be procured in writing,
struriion appears to the
placed every tiling in ili<
In fact, il tlinsc who coritr
lit, of th?- trade with tli
dictated llie in-lniclions t
ihev could no! have been tm
iil.l. to their interests ; for -
sioners. in the distribution
I 8? S i
.1 OU
? n i 'i "t I
?00
"onintts
> (birds
>60,
, suit
eh f .i
?if tiers
rt I lie
?< nrcseii 'd a
iS'U
... vb>< i itt??
1 * butt one
?lain for $30,000
icditi d from l?l ?
on- is allowe | him
xih
urrcrous clauu
ioii;*ed sc-timo
? ! t' at the eom
li lie Si ' lurv
?'?? nrw. ib d
t?> r put of < h M
em to ?tie
for 'In amount
? ury. rhti \.ursi-,
"Iters li. ? us,. I
i.i t!ii ii.
?!ofiie ol ihfM- i
!iam|s .f li ird )
ielVc! II. the pi ?
foili (led.
Inch
reqttn < <
-ific 'nu<
See-eta'
the
Thi*
. _al i,
i I X'rfeuc
ace i..n*c.
on'
issioners
part ot '
tlte i
>f rh
t < r?i
pnr~i
il their instruction*, the ctrti*
them alone were regular in ' prop)
had the power, through the Im.'m.i
the allowances uiade to all o,',i r:. I
tionofa commission by ill' < 1
Indicate and distribute the di > i un
no time have answered air
to give a colour of author; ? i ?' ?
traders.
The proceedings ol the i 'I II -
animation and mljudicalioi
IllOther respects than lie1-' ?"
although not free from all ? i m
motives and tci lin<?? in pa ijlat
!? '? ft? no
s ';Onei
it liu-re
' "oi ii ii
't . aim
?? i -tueii
Sitl'l ifli'V
> rmiiri.
? .totitu
n?W to ad
,1. ? ?M .
tnrpo? 'ha ,
" ? .f tb
n. in the f*
debt claim
pimted >oi
?f mipmpei
?se? do bo<