Friday, February 21, 2014

1-3 The Theft - Treaty of 1804

The Treaty of 1804

When is a theft not a theft?  Apparently, when it is committed by the very people responsible for punishing those guilty of crimes.  Even better, if the crime is committed on paper, with witnesses and lawyers involved.  It also helps if the wronged party is thousands of miles from the perpetrator of the crime, is unaware that a crime has been committed, and does not understand the repercussions until long after the crime has been ratified into law.




In the simplest possible terms, the Treaty of 1804, signed by a tiny party of Sauk Indians, gave the Americans the right to occupy a tract of land in excess of fifty million acres, and to relocate the Indians whenever they wanted to.



The Theft - (approximately the size of the State of Minnesota)



The Thief - William Henry Harrison
(became the 9th U.S. President)



Unlike dozens of treaties in the past, negotiations for this treaty were held in private, without consulting tribal leaders. To suggest that the four signers were a delegation is a gross misuse of the term, since they were not delegated to sign treaties on behalf of any native people. This treaty, universally rejected as fraudulent by the Indian Tribes affected, was the irreconcilable difference between Black Hawk and the American government that led to his many years of resistance, armed conflict, and finally to the extermination of his band.

10,000 BCE to 2000 BCE

The last ice age, or period of glacial maximum, ended about 12,000 years ago universally across both the North American continent and the European continent.  Oral histories of both Europeans and Native Americans suggest that society was based on hunting and gathering, with very little agricultural activity.  Over the course of time, however, different cultures grew around the availability and scarcity of natural resources. 


In the Americas, population remained fairly stable, and people had the freedom to establish territories within which it was possible to survive.  Fighting was commonplace, but there was always room to move about, because population growth was limited to the capacity of the land to sustain life. Dwellings were made of temporary building materials. Possessions were few, and mobility was a key asset in survival. Exchange of goods took place on the barter system, and great leaders were those who could assure the ongoing peaceful survival of their tribes.

In Eurasia, by contrast, rapid population expansion forced people to compete for increasingly limited resources. Cities were established which could not be moved, and dwellings were often fashioned in stone, or built to stand for an indefinite period of time. With a paucity of unutilized, livable space, people were now forced to defend the land upon which they lived. There was simply nowhere else to go. The concept of a larger, interconnected society led to political and religious structure. Without the need for mobility, it was possible to acquire more personal possessions than you could reasonably transport using only yourself and your horse. ‘Money’ was created, as a means of exchanging goods without using sacks of grain or cattle, and became the standard for wealth. Great leaders were men who could protect vast areas of land from attack by enemies. These leaders became kings, and kingdoms were formed. With the creation of kingdoms came taxation.

Even in in Egypt, where the Pharaoh ruled as both man and deity, all things were considered the personal property of the ruler.

2000 BCE to 1600 CE


For thousands of years in Eurasia, the concept of personal wealth and ownership was honed to knife’s edge, and the most important thing any one person could own was land. If you own land, and can defend it from others, then the people who live on that land must pay you tribute. The more land you own, the more tribute you collect. This was the era of the great conquerors, from Alexander the Great, to Cyrus the Great, to the Caesars of Rome, to Genghis Khan to Tamerlane. Europe, and the rest of the ‘known world’ as it was viewed by Europeans, had been populated, ruled, conquered and divided for so many centuries that no one questioned the ability to lay claim to land by conquest, coercion or covenant. Land was power, and owning some was the goal of every living person since thousands of years before Abraham stood on a mountaintop and offered his son as a sacrifice to God.

On the other side of the world, no such political or religious engines were ever built. It was impossible to completely dominate another class of people when they always had the freedom to pack up and go somewhere else. Social infrastructure was based on trade goods.

Native American spiritual beliefs were, and still are, both private and part of daily life. We believe we are a part of the universe, blessed by its generosity and beholden to its enormous power. We believe that life is a gift. We believe that all life has value, and everything is a part of the interconnected whole of the universe. We are profoundly thankful for these gifts, and we honor the spirits of the animals and plants for what they give up so that we can survive. Mother Earth is a being with its own spirit, and must be revered and cared for. For Native Americans who follow traditional teachings, you can no more own the earth than you can own the sky.

Yet with the arrival of Columbus and other explorers in the late 1400s and early 1500s, the influence of European powers began to overshadow the American continents, and the idea of land ownership, sovereignty, and subjugation began creeping up on the Native population like fog in the dark.

1600 CE to 1804

When the European kingdoms became aware of this vast new land, ungoverned by any of their acknowledged rivals, the rush was on to plant a flag and claim ownership. The literal planting of a flag, with the accompanying pronouncement claiming a land in the name of the mother country was all the legal precedent needed to establish rights. That anyone actually lived there was inconsequential. The Natives were considered nothing more than backward savages.  They were thought of as a ready source of slaves for all the work that would have to be done.  They would assist with ripping up the fabric of this new land, turning it into wealth for those who got there first and for their sponsors back in Europe.

By the mid-1700s, cities had been erected on the east coast of the Americas, and the establishment of a European way of life was well underway. Native Americans, as it turned out, made for poor slaves, but they proved to be worthwhile trading partners. The continent of North America was a patchwork quilt of lands claimed by various European kingdoms, including Spain, France, England, and Russia. The Great Lakes region was wild and unclaimed ‘Indian Territory’, but was well traveled by traders from all nations, especially the French.  Many kingdoms alternately claimed sovereignty over the land, but without people to populate and settle it, not much was gained by the claim.  No one ever bothered to inform the native population that they were now living on land owned by someone else, a concept that would have been inconceivable to them.

In 1754, war broke out among the European powers, which would spread to fighting in Europe, North and Central America, the West African Coast, India and the Philippines.  Great Britain, France, Spain, Sweden, Prussia, Austria, Saxony, Germany, Portugal, Russia, and the Holy Roman Empire were locked in a battle that would cover much of the known world and would last until 1763, ending with the Treaty of Paris and the Treaty of Hubertusburg.  Roughly 1,000,000 people died in the fighting.  A loose collaboration of Native American tribes, led by Pontiac of the Ottawa, raised up alongside the French to attack the British in 1763 in an effort to drive them out of the territory.  The Natives were excluded from the peace treaties.

The war was fought largely to control territories, access to raw materials and trading rights. The biggest winner was Great Britain, while France was the biggest loser. The patchwork pieces of the lands in North and Central America, including Canada, were the pawns, bargaining chips, and grand prizes of the battles. In the end, Great Britain gained control of most of New France in eastern Canada, Spanish Florida, some islands in the West Indies, and Senegal on the West African coast, as well as superiority over the French trading outposts on the Indian subcontinent. Spain gained the territory known as French Louisiana in the center of North America, and regained control of lost colonies like Cuba and the Philippines.

Four years later, in 1767, Makataimeshekiakiak was born in the village of Saukenuk, the land on which his family lived and had been used by his tribe for nearly 100 years.  They were no strangers to foreigners. Situated on the confluence of the Sinnissippi and Mississippi rivers, their village was a major trading port for French and Spanish traders. They knew of the events of the Seven Years’ War, though locally it was known as the French and Indian War. It is unlikely that they knew or truly understood that these foreign powers believed that they owned the land upon which the tribe had their villages.

Not that the Native Americans were unfamiliar with the concept of Treaties. Their very survival, for the preceding 12,000 years was based on an understanding of territories and boundaries. When there was a conflict over a particular place to live, or hunt, fighting would often result. Often, these conflicts would lead to councils among elders, and arrangements would be made describing the terms of a peace treaty. Sometimes a village would move. Sometimes hunters would agree to hunt somewhere else. Sometimes, in the case of a small conflict where only one or two individuals were killed, the family of the fallen combatant would be paid in trade goods to offset their loss.

In 1776, when the American Revolution was fought and the colonies established themselves as a new nation unto itself, one of the early achievements in foreign policy was to start establishing treaties with the Native Americans, starting with the Delawares in 1778, followed by the Chickasaw, Senecas, Mohawks, Onondagas, Cayugas, Oneida , Tuscarora, Wyandot, Cherokee, and Shawnee. The treaty process was well established, with talks being held between chiefs and elders of all affected Nations. Though the outcome was often not fair to the tribes, the process took place in the open, with all concerned given a voice.




One thing was clear to the Native Tribes. The words put down on paper were the only ones that counted when the documents were ‘signed’. Whatever was spoken face-to-face held no weight unless the same words were on paper. This left the unschooled Indians at a cruel disadvantage, though good faith was established as a policy in early treaties. For example, the Northwest Ordinance of 1787 read in part, “The utmost good faith shall always be observed towards the Indians, their lands and property shall never be taken from them without their consent, and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.”

By 1789, the land under the Saukenuk village was known to the whites as the ‘Northwest Territory’.





In July of 1800, the territory was further divided, making Saukenuk part of the Indiana Territory, governed by William Henry Harrison.






Another example of early efforts to treat Native Americans with dignity and respect was penned by Thomas Jefferson in his ‘Policy of Civilization and Assimilation’ (1803), a misguided though well-intended effort to reduce or eliminate hostilities with the Indians. In it, he wrote, “…In truth, the ultimate point of rest and happiness for them [Indians] is to let our settlements and theirs meet and blend together, to intermix, and become one people....Incorporating themselves with us as citizens of the United States, this is what the natural progress of things will, of course, bring on, and it will be better to promote than to retard it. Surely it will be better for them to be identified with us, and preserved in the occupation of their lands, than be exposed to the many casualties which may endanger them while a separate people…”


This all changed abruptly in 1803 with the sudden and unexpected acquisition of the Louisiana Territory.  Citizenship and the mixing of white settlements with Indians was now out of the question.  The new focus changed to removal of the Indian tribes from the east to west of the Mississippi River.  Jefferson went so far as to propose the removal of whites and slaves from the Louisiana Territory, to be resettled east of the Mississippi.  Of course, the citizens of St. Louis and other communities strongly opposed such a concept.  Jefferson proposed this shifting of populations in a Constitutional Amendment but Congress killed it.





With the sudden shift in official policy to move the Indians west, the predominant undercurrent of Indian racism and separatism was allowed to run rampant.  Treaties were no longer negotiated in complete fairness.  Jefferson wanted to move all Native Americans west of the Mississippi River into this new vast and wild territory, leaving the land east of the Mississippi to the Whites and the Slaves.  In 1803, Jefferson gave William Henry Harrison the authority to conduct negotiations with the tribes to open up new lands, east of the Mississippi, for settlement.  Armed with that directive from his Commander-in-Chief, Harrison was free to act on behalf of his nation.

Black Hawk discusses the events leading up to the ‘Treaty’ of 1804 in his autobiography. First, in describing his relations with the Spanish, who occupied St Louis,

“On my next, and last, visit to my Spanish father, I discovered, on landing, that all was not right: every countenance seemed sad and gloomy! I inquired the cause, and was informed that the Americans were coming to take possession of the town and country—and that we should then lose our Spanish father! This news made me and my band sad—because we had always heard bad accounts of the Americans from Indians who had lived near them—and we were sorry to lose our Spanish father, who had always treated us with great friendship.”
The Americans soon took possession of St Louis, and Black Hawk continued,
“Some time afterward, a boat came up the river, with a young American chief and a small party of soldiers. We heard of him (by runners) soon after he had passed Salt River. Some of our young braves watched him every day to see what sort of people he had on board! The boat at length arrived at Rock River, and the young chief came on shore with his interpreter—made a speech, and gave us some presents. We in return presented him with meat and such provisions as we could spare.”
Black Hawk goes on to describe the particular event which led up to the party of warriors making the trip to St Louis.
“Some moons after this young chief descended the Mississippi, one of our people killed an American—and was confined in the prison at St. Louis for the offense. We held a council at our village to see what could be done for him—which determined that Quàshquà-me, Pà-she-pa-ho, Oú-che-quà-ka, and Hàshe-quar-hí-gua should go down to St. Louis, see our American father, and do all they could to have our friend released: by paying for the person killed thus covering the blood and satisfying the relations of the man murdered. This being the only means with us of saving a person who had killed another—and we then thought it was the same way with the whites!”
The killing, so casually mentioned, was an attack on white settlers who were trespassing on tribal hunting grounds near the Cuivre River in Missouri.  They were killed in the same way another Indian would have been killed for violating tribal boundaries.  Black Hawk’s description of the payment for the murdered man (three men were actually killed in the attack) was entirely in keeping with tribal traditions.  Governor Harrison, however, saw this as an opportunity to ‘negotiate’ with the Indians for the badly wanted tribal lands.  Black Hawk continues,
“On their arrival at St. Louis, they met their American father and explained to him their business and urged the release of their friend. The American chief told them he wanted land—and they had agreed to give him some on the west side of the Mississippi, and some on the Illinois side, opposite the Jeffreon River. When the business was all arranged, they expected to have their friend released to come home with them.  But about the time they were ready to start, their friend was let out of prison, ran a short distance, and was shot dead!  This is all they could recollect of what had been said and done.  They had been drunk the greater part of the time they were in St. Louis.”
The party, led by Quashquame, was in St Louis an unexpectedly long time, and had arrived back in Saukenuk dressed in ‘fine coats and medals’.  The revelation that the men were drunk most of the time they were in St Louis is an indication of the nature of the way the treaty was negotiated by Harrison and his men.

Black Hawk’s recollections did not include the fact that prior to Quashquame and his party traveling to St Louis to meet with Gov. Harrison, two Sauk Chiefs had been sent to St Louis to discuss what the Whites might want in exchange for the three men who were killed.  Harrison, who had been planning a trip to St Louis, wrote ahead to the authorities in St Louis commanding them to tell the Sauks and Meskwaki to bring the murderers to St Louis, and that if they did not comply, the Americans might rise up and destroy them.  Quashquame’s party, in fact, included the warrior who had killed the three white men, voluntarily traveling to help negotiate on behalf of his tribe.

To summarize the negotiations, it appears that first, the confessed killer was placed in jail. Then, the Indians were given alcohol to drink, and bribed with clothes and medals. Then they were coerced into signing a document they couldn't read, stipulating:

     1)  Sauk-Fox were to be allies of the United States

     2)  The United States would guarantee the security of Sauk-Fox land

     3)  Future complaints between the tribe and the United States would be settled with justice
           in an orderly manner.

     4)  Trade would be provided on a regular basis

     5)  Peace would be arranged with the Osage nation.

     6)  Sauk tribal land in Illinois, Wisconsin and Missouri would be ceded over to the
           United States.

     7)  Payment for this land would be $2,234.50 plus a $1000 annuity.

     8)  The Sauk murderer would be pardoned.

According to Quashquame, item six was not written the same way it was described to him. None of the party was literate in the English language.  It was ‘signed’ in Article 12, according to the legal wording, by:
Layauvois, or Lalyurva, his x mark, [L. S.] 
Pashepaho, or the giger, his x mark, [L. S.] 
Quashquame, or jumping fish, his x mark, [L. S.] 
Outchequaka, or sun fish, his x mark, [L. S.] 
Hahshequarhiqua, or the bear, his x mark, [L. S.]
Black hawk concludes this section in his Autobiography with,
" This is all myself or nation knew of the treaty of 1804. It has been explained to me since. I find by that treaty that all our country east of the Mississippi and south of the Jeffreon was ceded to the United States for one thousand dollars a year! I will leave it to the people of the United States to say whether our nation was properly represented in this treaty or whether we received a fair compensation for the extent of country ceded by those four individuals. I could say much about this treaty, but I will not at this time. It has been the origin of all our difficulties.”
On November 3, 1804, by the strike of an ‘X’ committed by four drunken Indians who were illiterate in the white man's language, the Sauk Nation was forced to cede over 50,000,000 acres, an area larger than the state of Nebraska.  In relative terms this is more than 2% of the land area of the entire, current-day United States, including the state of Alaska. The magnitude of this theft by future-president William Harrison is almost unparalleled in history.

Black Hawk later had these words to say in describing the treaties:

"What do we know of the laws and customs of the White people? They might buy our bodies for dissection, and we would touch the goose quill to confirm it, without knowing what we are doing. This was the case with myself and people in touching the goose quill the first time."

Perhaps the saddest part in the history of this treaty is that the Americans were in a position where they did not believe they were buying the land. They already believed they owned it. This treaty, and others like it, were simply a means of negotiating the relocation of the tribes, whom they considered to be unlawful squatters who had never taken legal possession of the land on which they lived.










(Key Terms: Ma-Ka-Tai-Me-She-Kia-Kiak, Black Sparrow Hawk, Black Hawk, 1767, Saukenuk, Pyesa, Rock Island, Black Hawk’s Watch Tower, Black Hawk State Historic Site, Hauberg Museum, Sauk, Sac, Meskwaki, Fox, Rock River, Sinnissippi River, Mississippi River, War of 1812, British Band, Great Britain, Treaty of 1804, Treaties, Ceded Land, William Henry Harrison, Quashquame, Keokuk, Fort Armstrong, Samuel Whiteside, Black Hawk War of 1832, Black Hawk Conflict, Scalp, Great Sauk Trail, Black Hawk Trail, Prophetstown, Wabokieshiek, White Cloud, The Winnebago Prophet, Ne-o-po-pe, Dixon’s Ferry, Isaiah Stillman, The Battle of Stillman’s Run, Old Man’s Creek, Sycamore Creek, Abraham Lincoln, Chief Shabbona, Felix St. Vrain, Lake Koshkonong, Fort Koshkonong, Fort Atkinson, Henry Atkinson, Andrew Jackson, Lewis Cass, Winfield Scott, Chief Black Wolf, Henry Dodge, James Henry, White Crow, Rock River Rapids, The Four Lakes, Battle of Wisconsin Heights, Benjamin Franklin Smith, Wisconsin River, Kickapoo River, Soldier’s Grove, Steamboat Warrior, Steamship Warrior, Fort Crawford, Battle of Bad Axe, Bad Axe Massacre, Joseph M. Street, Antoine LeClaire, Native American, Indian, Michigan Territory, Indiana Territory, Louisiana Territory, Osage, Souix, Potawatomi, Ojibwe, Ottawa, Ho-Chunk)


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