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Convention with the Wyandots. Jan. 19, 1832
364 Treaty with the Creeks. March 24, 1832
366 Seminoles. May 9, 1832.
363 Winnebagoes. Sept. 15, 1832.
370 Sacs and Foxes. Sept. 21, 1832
374 Appalachicolas. Oct. 11, 1832
377 Pottawatimies. Oct. 20, 1832
378 Chickasaws. Oct. 20, 1832..
381 Articles supplementary to, and explanatory of, the treaty with the Chickasaws of Oct. 20, 1832. Oct. 22, 1832
338 Treaty with the Kickapoos. Oct. 24, 1832.
391 Supplemental article to the treaty with the Kickapoos of Oct. 24, 1832. Nov. 26, 1832 ....... 393 Treaty with the Pottawatimies. Oct. 26, 1832 ....
394 Shawnees and Delawares. Oct. 26, 1832....
397 Pottawatimies. Oct. 27, 1832
399 Kaskaskias and Peorias. Oct. 27, 1832..
403 Menomonies. Oct. 27, 1832.....
405 Piankeshaws and Weas. Oct. 29, 1832
410 Articles of agreement with the Senecas and Shawnees. Dec. 29, 1832
411 Cherokces. Feb. 14, 1833
414 Creeks. Feb. 14, 1833 ..
417 Treaty with the Oltawas. Feb.18, 1833
420 Seminoles. March 28, 1833
423 Articles of agreement with the Quapaws. May 13, 1833.
424 Treaty with the Appalachicolas. June 18, 1833.....
427 Convention with the Ottoes and Missourias. Sept. 21, 1833..
429 Treaty with the Chippewas, Ottawas, and Pottawatimies. Sept. 26, 1833
431 Convention with the Pawnees. Oct. 9, 1833.
448 Supplementary articles to the treaty with the Chippewas, Ottawas, and Pottawatimies of Sept. 26, 1833. Sept. 27, 1833 .
442 Convention with the Chickasaws. May 24, 1834 ...
450 Treaty with the Miamies. Oct. 23, 1834..
458 Pottawatimies. Dec. 4, 1834.
467 Pottawatimies. Dec. 10, 1834..
467 Pottawatimies. Dec. 16, 1834
468 Pottawatimies. Dec. 17, 1834
469 Caddoes. July 1, 1835..
470 Camanches and Witchetaws. Aug. 24, 1835.
474 Cherokees. Dec. 29, 1835......
478 Supplementary articles to the treaty with the Cherokees of Dec. 29, 1835. March 1, 1836..... 488 Treaty with the Pottawatimies. March 26, 1836....
490 Ottawas and Chippewas. March 28, 1836
491 Pottawatimies. March 29, 1836....
498 Pottawatimies. April 11, 1836....
499 Pottawatimies. April 22, 1836....
500 Pottawatimies. April 22, 1836.
501 Wyandots. April 23, 1836
Pago T'reaty with the Swan-Creek and Black River bands of Chippewas. May 9, 1836....
503 Pottawatimies. Aug. 5, 1836 ...
505 Articles of agreement with the Menomonies. Sept. 3, 1836.....
506 Convention with the Sioux of Wa-ha-shaw's tribe. Sept. 10, 1836
510 Treaty with the lowas, and Sacs and Foxes. Sept. 17, 1836
511 Pottawatimies. Sept. 20, 1836
513 Pottawatimies. Sept. 22, 1836
514 Pottawatimies. Sept. 23, 1636
515 Convention with the Sacs and Foxes. Sept. 27, 1836
516 Treaty with the Sacs and Foxes. Sept. 28, 1836
517 Sacs and Foxes. Sept 28, 1836...
520 Convention with the Ottoes, Missourias, Omahaws, and Yancton and Santee bands of Sioux. Oct. 15, 1836...
524 Wahpaa kootah, Susseton, and Upper Medawakanton tribes of Sioux. Nov. 30, 1836....
527 Treaty with the Saganaw tribe of Chippewas. Jan. 14, 1837..
528 Pottawatimies. Feb. 11, 1837
532 Kioways, Ka-ta-kas, and Ta-wa-ka-ros. May 26, 1837.. Chippewas. July 29, 1837........
536 Sioux. Sept. 29, 1837
538 Sacs and Foxes. Oct. 21, 1837
540 Yancton tribe of Sioux. Oct. 21, 1837
542 Sacs and Foxes. Oct. 21, 1837
543 Winnebagoes. Nov. 1, 1837
544 lowas. Nov. 23, 1837 ...
547 Saganaw tribe of Chippewas. Dec. 20, 1837.
547 New York Indians. Jan. 15, 1838
550 Supplemental article to the treaty with the New York Indians of Jan. 15, 1838. Feb. 13, 1838. 561 Treaty with the Chippewas of Saganaw. Jan. 23, 1838...
565 First Christian and Orchard parties of Oneidas. Feb. 3, 1838 ...
566 Iowas. Oct. 19, 1838 .
568 Miamies. Nov. 6, 1838 ..
569 Creeks. Nov. 23, 1838 ..
574 Great and Little Osages. Jan. 11, 1839.....
... 576 Supplementary articles to certain treaties with the Saganaw tribe of Chippewas. Feb. 7, 1839 . 578 Treaty with the Stockbridges and Munsees. Sept. 3, 1839
580 Miamies. Nov. 28, 1840.
582 Senecas. May 20, 1842..
586 Chippewas. Oct. 4, 1842....
591 Sacs and Foxes. Oct. 11, 1842
601 Schedule of claims referred to in treaty with the Pottawatamies. Sept. 20, 1828.
603 Schedule of claims and debts to be paid by the United States for the Chippewas, Ottawas, and Pottawatamies. July 29, 1829..
The editor of this work has considered it obligatory upon him to exhibit, as preliminary matter to the treaties between the United States and the Indian tribes, the general principles which have been recognised by the Supreme Court of the United States in relation to the Indian tribes, the Indian title to the lands occupied by them, and the effect of treaties with them upon their claims to these lands, or the claims of others under Indian grants.
In the case of Johnson and Graham's Lessee v. William M'Intosh, 8 Wheaton's Reports, 513; 5 Condensed Reports, 515, Mr. Chief Justice Marshall, who delivered the opinion of the Court, said:
The plaintiffs in this cause claim the land, in their declaration mentioned, under two grants, purporting to be made, the first in 1773, and the last in 1775, by the chiefs of certain Indian tribes, constituting the Illinois and the Piankeshaw nations; and the question is, whether this title can be recognised in the courts of the United States ?
The facts, as stated in the case agreed, show the authority of the chiefs who executed this conveyance, so far as it could be given by their own people; and likewise show, that the particular tribes for whom these chiefs acted were in rightful possession of the land they sold. The inquiry, therefore, is, in a great measure, confined to the power of Indians to give, and of private individuals to receive, a title which can be sustained in the courts of this country.
As the right of society, to prescribe those rules by which property may be acquired and preserved, is not and cannot be drawn into question; as the title to lands, especially, is and must be admitted to depend entirely on the law of the nation in which they lie; it will be necessary, in pursuing this inquiry, to examine, not singly those principles of abstract justice, which the Creator of all things has impressed on the mind of his creature man, and which are admitted to regulate, in a great degree, the rights of civilized nations, whose perfect independence is acknowledged ; but those principles also which our own government has adopted in the particular case, and given us as the rule for our decision.
On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered an ample field to the ambition and enterprise of all; and the character and religion of its inhabitants afforded an apology for considering them as a people over whom the superior genius of Europe might claim an ascendency. The potentates of the old world found no difficulty in convincing themselves that they made ample compensation to the inhabitants of the new, by bestowing on them civilization and Christianity, in exchange for unlimited independence. But, as they were all in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was, that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title mighi be consummated by possession. VOL. VII. 1
The exclusion of all other Europeans, necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives, and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which, by others, all assented.
Those relations which were to exist between the discoverer and the natives, were to be regulated by themselves. The rights thus acquired being exclusive, no other power could interpose between them.
In the establishment of these relations, the rights of the original inhabitants were, in no instance, entirely disregarded; but were necessarily, to a considerable extent, impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion ; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle, that discovery gave exclusive title to those who made it.
While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate right to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy.
The history of America, from its discovery to the present day, proves, we think, the universal recognition of these principles.
Spain did not rest her title solely on the grant of the pope. Her discussions respecting boundary, with France, with Great Britain, and with the United States, all show that she placed it on the rights given by discovery. Portugal sustained her claim to the Brazils by the same title.
France, also, founded her title to the vast territories she claimed in America on discovery. However conciliatory her conduct to the natives may have been, she still asserted her right of dominion over a great extent of country not actually settled by Frenchmen, and her exclusive right to acquire and dispose of the soil which remained in the occupation of Indians. Her monarch claimed all Canada and Acadie, as colonies of France, at a time when the French population was very inconsiderable, and the Indians occupied almost the whole country. He also claimed Louisiana, comprehending the immense territories watered by the Mississippi, and the rivers which empty into it, by the title of discovery. The letters patent granted to the Sieur Demonts, in 1603, constitute him lieutenant-general, and the representative of the king in Acadie, which is described as stretching from the 40th to the 46th degree of north latitude ; with authority to extend the power of the French over that country, and its inhabitants; to give laws to the people, to treat with the natives, and enforce the observance of treaties; and to parcel out and give title to lands,
: according to his own judgment.
The states of Holland also made acquisitions in America, and sustained their right on the common principle adopted by all Europe. They allege, as we are told by Smith, in his history of New York, that Henry Hudson, who sailed, as they say, under the orders of their East India Company, discovered the country from the Delaware to the Hudson, up which he sailed to the 430 degree of north latitude ; and this country they claimed under the title acquired by this voyage. Their first object was commercial, as appears by a grant made to a company of merchants in 1614; but in 1621, the states-general made, as we are told by Mr. Smith, a grant of the country to the West India Company, by the name of New Netherlands.
The claim of the Dutch was always contested by the English ; not because they questioned the title given by discovery, but because they insisted on being themselves the rightful claimants under that title. Their pretensions were finally decided by the sword.
No one of the powers of Europe gave its full assent to this principle more unequivocally than England. The documents upon this subject are ample and complete. So early as the year 1496, her monarch granted a commission to the Cabots to discover countries then unknown to Christian people, and to take possession of them in the name of the king of England. Two years afterwards, Cabot proceeded on this voyage, and discovered the continent of North America, along which he sailed as far south as Virginia. To this discovery the English
trace their title. In this first effort made by the English government to acquire territory on this continent, we perceive a complete recognition of the principle which has been mentioned. The right of discovery given by this commission is confined to countries "then unknown to all Christian people ;" and of those countries Cabot was empowered to take possession in the name of the king of England. Thus asserting a right to take possession notwithstanding the occupancy of the natives, who were heathens, and, at the same time, admitting the prior title of any Christian people who may have made a previous discovery:
The same principle continued to be recognised. The charter granted to Sir Humphrey Gilbert, in 1578, authorizes him to discover and take possession of such remote, heathen, and barbarous lands as were not actually possessed by any Christian prince or people. This charter was afterwards renewed to Sir Walter Raleigh, in nearly the same terms.
By the charter of 1606, under which the first permanent English settlement on this continent was made, James I. granted to sir Thomas Gates and others, those territories in America lying on the sea-coast, between the 34th and 45th degrees of north latitude, and which either belonged to that monarch, or were not then possessed by any other Christian prince or people. The grantees were divided into two companies at their own request. The first, or southern colony, was directed to settle between the 34th and 41st degrees of north latitude; and the second, or northern colony, between the 38th and 45th degrees.
In 1609, after some expensive and not very successful attempts at settlement had been made, a new and more enlarged charter was given by the crown to the first colony, in which the king granted to the Treasurer and Company of Adventurers of the city of London for the first colony in Virginia, in absolute property, the lands extending along the sea-coast four hundred miles, and into the land throughout from sea to sea. This charter, which is a part of the special verdict in this cause, was annulled, so far as respected the rights of the company, by the judgment of the court of king's bench on a writ of quo warranto; but the whole effect allowed to this judgment was, to revest in the crown the powers of government, and the title to the lands within its limits.
At the solicitation of those who held under the grant to the second or northern colony, a new and more enlarged charter was granted to the duke of Lenox and others, in 1620, who were denominated the Plymouth Company, conveying to them in absolute property all the lands between the 40th and 48th degrees of north latitude.
Under this patent, New England has been in a great measure settled. The company conveyed to Henry Rosewell and others, in 1627, that territory which is now Massachusetts; and in 1628, a charter of incorporation, comprehending the powers of government, was granted to the purchasers.
Great part of New England was granted by this company, which, at length, divided their remaining lands among themselves; and, in 1635, surrendered their charter to the crown. A patent was granted to Gorges for Maine, which was allotted to him in the division of property.
All the grants made by the Plymouth Company, so far as we can learn, have been respected. In pursuance of the same principle, the king, in 1661, granted to the duke of York the country of New England as far