The Land of the Miamis

But a fundamental error had crept into all these negotiations, and that was, that the Indians' ancient right of occupancy was not recognized. That right of present enjoyment and possession, although claimed by savages who had waged war without mercy, against women and children, was still a right. In the years to come, and after the new constitution of the Union came into force and effect, the Supreme court of the United States, sitting in solemn judgment upon this very question, would have to pronounce that the Indian tribes had an unquestioned right to the lands they occupied, "until that right was extinguished by a voluntary cession to the government," notwithstanding the fact that the ultimate fee in the soil rested in the government. To declare that the Iroquois, the Wyandots and the Delawares, suddenly became divested of every species of property in their lands, on the ground that they had forfeited them by waging war against the United States, was to declare that which could never be defended in a court of conscience and equity. But in the first hot moments succeeding the Revolution, and before men's minds had time to cool, that was practically the principle upon which the continental congress had proceeded.

By consulting the records of the old congress of date October 15th, 1783, it is found that a committee composed of Mr. Duane, Mr. Peters, Mr. Carroll, Mr. Hawkins and Mr. Arthur Lee, to whom had been referred the whole question of Indian affairs, had reported in substance as follows: That while the Indian tribes were "disposed to a pacification," that they were not in "a temper to relinquish their territorial claims without further struggles;" that if the tribes were expelled from their lands, they would probably retreat to Canada, where they would meet with "a welcome reception from the British government;" that this accession of power on the part of Canada would make her a formidable rival in case of future trouble, and secure to her people the profits of the fur trade; "that although motives of policy as well as clemency ought to incline Congress to listen to the prayers of the hostile Indians for peace, yet in the opinion of the committee it is just and necessary that lines of property should be ascertained and established between the United States and them, which will be convenient to the respective tribes, and commensurate to the public wants, because the faith of the United States stands pledged to grant portions of the uncultivated lands as a bounty to their army, and in reward of their courage and fidelity, and the public finances do not admit of any considerable expenditure to extinguish the Indian claims upon such lands;" that owing to the rapid increase in population it was necessary to provide for the settlement of the territories of the United States; that the public creditors were looking to the public lands as the basis for a fund to discharge the public debt. The committee went further. They reported with some particularity that the Indians had been the aggressors in the late war, "without even a pretense of provocation;" that they had violated the convention of neutrality made with Congress at Albany in 1775, had brought utter ruin to thousands of families, and had wantonly desolated "our villages and settlements, and destroyed our citizens;" that they should make atonement for the enormities they had perpetrated, and due compensation to the republic for their wanton barbarity, and that they had nothing wherewith to satisfy these demands except by consenting to the fixing of boundaries. Wherefore, it was resolved that a convention be held with the tribes; that they be received into the favor and protection of the United States, and that boundaries be set "separating and dividing the settlements of the citizens from the Indian villages and hunting grounds."

It will be seen that in all this report there is nothing said of vested rights, or the just and lawful claims of the Indian occupants. If clemency was granted, it was a matter of grace. The government claimed the absolute jus disponendi, without any word of argument on the part of the savages. On the same day that the above resolution for holding a convention with the Indian tribes was agreed upon, preliminary instructions to the commissioners were decided upon by congress. It was determined first, that all prisoners of whatever age or sex must be delivered up; second, that the Indians were to be informed that after a long contest of eight years for the sovereignty of the country, that Great Britain had relinquished all her claims to the soil within the limits described in the treaty of peace; third, that they be further informed that a less generous people than the Americans might, in the face of their "acts of hostility and wanton devastation," compel them to retire beyond the lakes, but as the government was disposed to be kind to them, "to supply their wants, and to partake of their trade," that from "motives of compassion" a veil should be drawn over what had passed, and boundaries fixed beyond which the Indians should not come, "but for the purpose of trading, treating, or other business equally unexceptionable." There were other instructions, but is not essential to this inquiry that they be enumerated.

It is at once apparent that the commissioners on behalf of the government who went into the treaties of Fort Stanwix, Fort McIntosh, and that at the mouth of the Great Miami, if they obeyed the instructions of congress, gave the Indian tribes to understand that the United States absolutely owned every foot of the soil of the northwest, were entitled to the immediate possession of it, and if they allowed the savages to remain upon it, and did not drive them beyond the lakes, it was purely from "motives of compassion," and not because these savages enjoyed any right of occupancy that was bound to be respected by the government. That these statements are true is proven by the report of Henry Knox, secretary of war, to President Washington, on June 15th, 1789, in a review of past conditions relative to the northwestern Indians. The representations of Knox correctly reflected the views of Washington himself. The Secretary says: "It is presumable, that a nation solicitous of establishing its character on the broad basis of justice, would not only hesitate at, but reject every proposition to benefit itself, by the injury of any neighboring community, however contemptible or weak it might be, either with respect to its manners or power * * * The Indians being the prior occupants, possess the right of the soil. It cannot be taken from them unless by their free consent, or by the right of conquest in case of a just war. To dispossess them on any other principle, would be a gross violation of the fundamental law of nations, and of that distributive justice which is the glory of a nation." He then says the following: "The time has arrived, when it is highly expedient that a liberal system of justice should be adopted for the various Indian tribes within the limits of the United States. By having recourse to the several Indian treaties, made by the authority of congress, since the conclusion of the war with Great Britain, except those made in January, 1789, at Fort Harmar, it would appear, that congress were of the opinion, that the treaty of peace, of 1783, absolutely invested them with the fee of all the Indian lands within the limits of the United States; that they had the right to assign, or retain such portions as they should judge proper." Again, and during the negotiations of Benjamin Lincoln, Beverly Randolph and Timothy Pickering, with the northwestern Indians in 1793, this candid admission is made of the former errors in the negotiations at Fort Stanwix: "The commissioners of the United States have formerly set up a claim to your whole country, southward of the Great Lakes, as the property of the United States, grounding this claim on the treaty of peace with your father, the king of Great Britain, who declared, as we have before mentioned the middle of those lakes and the waters which unite them to be the boundaries of the United States. We are determined that our whole conduct shall be marked with openness and sincerity. We therefore frankly tell you, that we think those commissioners put an erroneous construction on that part of our treaty with the king. As he had not purchased the country of you, of course he could not give it away. He only relinquished to the United States his claims to it. That claim was founded on a right acquired by treaty with other white nations, to exclude them from purchasing or settling in any part of your country; and it is this right which the king granted to the United States. Before that grant, the king alone had a right to purchase of the Indian nations, any of the lands between the Great Lakes, the Ohio and the Mississippi, excepting the part within the charter boundary of Pennsylvania; and the king, by the treaty of peace, having granted this right to the United States, they alone have now the right of purchasing." Thus with perfect candor and justice did we afterwards admit that our first treaties with the tribes, were founded on a mistaken and arbitrary notion of our rights in the premises, and without a due regard to the right of occupancy of the Indian nations. A government thus frank enough to declare its error, should have been implicitly trusted by the Indian chieftains, and no doubt would have been, but for the constant representations of the British agents who for mercenary gain appealed to their fear and prejudice.

These first errors in our Indian negotiations, however, were extremely costly to us, and proved to be so many thorns in the side of the republic. On the 20th of May, 1785, an ordinance was passed by the continental congress "for ascertaining the mode of disposing of lands in the western territory," recently acquired under the treaties of Forts Stanwix and McIntosh. Beginning at the western line of Pennsylvania, ranges of townships six miles square were to be laid off, extending from the river Ohio to Lake Erie. These ranges were to be surveyed under the superintendence of the chief geographer of the United States, assisted by surveyors appointed from each state, and these surveyors were in turn placed over the different companies of chain carriers and axemen. Congress was making strenuous efforts to open up the western country to purchase and settlement.

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.

CHAPTER IX

THE KENTUCKIANS

– The first men to break through the mountain barriers to face the British and the Indians.

While the government of the United States was thus shaping its policy toward the Indian tribes, a new empire was building on the western waters, that was to wield a more powerful influence in the development of the western country, than all other forces combined. That empire was Kentucky.

The waters of the Ohio "moving majestically along, noiseless as the foot of time, and as resistless," sweep from the junction of the Monongahela and Allegheny to the waters of the Mississippi, a distance of nine hundred miles, enclosing in their upper courses the island of Blannerhassett, below the mouth of the Little Kanawha, the island of Zane, near Wheeling, and leaping in a descent of twenty-two feet in a distance of two miles the Falls opposite the present city of Louisville. The lofty eminences which crowned its banks, the giant forests of oak and maple which everywhere approached its waters, the vines of the frost-grape that wound their sinuous arms around the topmost branches of its tallest trees, presented a spectacle that filled the soul of the traveler with awe and wonder at every graceful turn of the river. In the spring a wonderful transformation took place in the brown woods. There suddenly appeared on every hand the opening flowers of the red-bud, whose whole top appeared as one mass of red blossoms, interspersed with the white and pale-yellow blossoms of the dog-wood, or cornus florida. Thus there extended "in every direction, at the same time, red, white and yellow flowers; at a distance each tree resembling in aspect so many large bunches of flowers every where dispersed in the woods." This was the Belle Riviere, or the beautiful river of the French, which they long and valiantly sought to hold against the advancing tides of English traders and land hunters. This was that glorious gate to the west, through which floated the rafts and keel-boats of the American settlers who took possession of the great northwest.

But notwithstanding the beauty and grandeur of this stream, there was not, at the close of the French and Indian War, on the tenth of February, 1763, a single habitation of either white man or savage on either the Ohio-Indiana side, or on the Kentucky side of this river. Says General William Henry Harrison: "The beautiful Ohio rolled its 'amber tide' until it paid its tribute to the Father of Waters, through an unbroken solitude. Its banks were without a town or village, or even a single cottage, the curling smoke of whose chimney would give the promise of comfort and refreshment to a weary traveler."

The reason for this solitude is apparent. To the south of the Ohio lay the "Dark and Bloody Ground" of Kentucky; "Dark," because of its vast and almost impenetrable forests; "Bloody," because of the constant savage warfare waged within its limits by roving bands of Miamis, Shawnees, Cherokees, and other tribes who resorted thither in pursuit of game. Says Humphrey Marshall, the early historian of Kentucky: "The proud face of creation here presented itself, without the disguise of art. No wood had been felled; no field cleared; no human habitation raised; even the redman of the forest, had not put up his wigwam of poles and bark for habitation. But that mysterious Being, whose productive power, we call Nature, ever bountiful, and ever great, had not spread out this replete and luxurious pasture, without stocking it with numerous flocks and herds; nor were their ferocious attendants, who prey upon them, wanting, to fill up the circle of created beings. Here was seen the timid deer; the towering elk; the fleet stag; the surly bear; the crafty fox; the ravenous wolf; the devouring panther; the insidious wildcat; the haughty buffalo, besides innumerable other creatures, winged, four-footed, or creeping."

This was the common hunting ground of the wild men of the forest. None took exclusive possession, because none dared. The Ohio was the common highway of the Indian tribes, and while their war paths crossed it at frequent intervals, none were so bold as to attempt exclusive dominion over it.

As was once said in the senate of the United States, "You might as well inhibit the fish from swimming down the western rivers to the sea, as to prohibit the people from settling on the new lands." While the great revolution was opening, that should wrest our independence from Great Britain, the stream of "long rifles" and hunting shirt men of Virginia and Pennsylvania, who followed the valleys of the Allegheny and the Blue Ridge from north to south, suddenly broke through the western mountain barriers and flowed in diminutive rivulets into the basins of the Tennessee, the Ohio and the Cumberland; afterwards forming, as Theodore Roosevelt most strikingly says, "a shield of sinewy men thrust in between the people of the seaboard and the red warriors of the wilderness." In 1774, James Harrod built the first log cabin in Kentucky. On the 14th of June, 1775, the first fort of the white man was erected at Boonesborough.

The situation of the first pioneers of Kentucky was indeed precarious. "They were posted," says Mann Butler, "in the heart of the most favorite hunting ground of numerous and hostile tribes of Indians, on the north and on the south; a ground endeared to these tribes by its profusion of the finest game, subsisting on the luxuriant vegetation of this great natural park. * * * * It was emphatically the Eden of the red man." On the waters of the Wabash, the Miamis and the Scioto, dwelt powerful confederacies of savages who regarded their intrusion as a menace and a threat. Behind these savages stood the minions of Great Britain, urging war on non-combatants and offering bounties for scalps. It was three or four hundred miles to the nearest fort at Pittsburgh, and a wilderness of forest and mountain fully six hundred miles in extent, separated them from the capital of Virginia.