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The history of Columbia County, Wisconsin, containing an account of its settlement, growth, development and resources; an extensive and minute sketch of its cities, towns and villages--their improvements, industries, manufactories, churches, schools and societies; its war record, biographical sketches, portraits of prominent men and early settlers; the whole preceded by a history of Wisconsin, statistics of the state, and an abstract of its laws and constitution and of the constitution of the United States
(1880)

Durrie, D. S.
The public domain,   pp. [210]-230 PDF (10.1 MB)


Page 214


HISTORY OF WISCONSIN.
absolute in the various tribes inhabiting it. By this treaty it was stipulated
that, of the lands relin-
quished by the United States, the Indian tribes who have a right to those
lands, were quietly to
enjoy them; hunting, planting, and dwelling thereon so long as they pleased;
but, when those
tribes or any of them should be disposed to sell them, or any part of them,
they were to be sold
only to the United States, and until such sale, the United States would protect
all of the tribes
in-the quiet enjoyment of their lands against all citizens of the United
States, and all other white
persons who might intrude on the same. At the same time all the tribes acknowledged
them-
selves to be under the protection of the United States, and no other person
or power what-
soever.
     The treaty also prohibited any citizen of the United States, or any
other white man, settling
 upon the lands relinquished by the general government; and such person was
to be considered
 as out of the protection of the United States; and the Indian tribe on whose
land the settlement
 might be made, could drive off the settler, or punish him in such manner
as it might see fit.
     It will be seen that the Indians were acknowledged to have an unquestionable
title to the
lands they occupied until that right should be extinguished by a voluntary
cession to the general
government; and the constitution of the United States, by declaring treaties
already made, as
well as those to be made, to be the supreme law of the land, adopted and
sanctioned previous
treaties with the Indian nations, and consequently admitted their rank among
those powers who
are capable of making treaties.
     The several treaties which had been made between commissioners on the
part of the United
 States and various nations of Indians, previous to the treaty of Greenville,
were generally
 restricted to declarations of amity and friendship, the establishment and
confirming of bounda-
 ries, and the protection of settlements on Indian lands; those that followed
were generally for a
 cession of lands and provisions made for their payment.  It is proposed
to notice the several
 treaties that took place after that held at Greenville, showing in what
way the territory of the
 present state, came into possession of the government. As will be seen hereafter,
it required trea-
 ties with numerous tribes of Indians to obtain a clear, undisputed title,
as well as many years
 before it was fully accomplished.
     i. A treaty was held at St. Louis, November 3, 1804, between the Sacs
and Foxes and the
United States. William Henry Harrison was acting commissioner on the part
of the govern-
ment. By the provisions of the treaty, the chiefs and head men of the united
tribes ceded to
the United States a large tract on both sides of the Mississippi, extending
on the east from the
mouth of the Illinois to the head of that river, and thence to the Wisconsin;
and including on-
the west considerable portions of Iowa and Missouri, from the mouth of the
Gasconade north-
ward. In what is now the state of Wisconsin, this grant embraced the whole
of the present
counties of Grant and La Fayette and a large portion of Iowa and Green counties.
The lead
region was included in this purchase. In consideration of this cession, the
general government
agreed to protect the tribes in the quiet enjoyment of their land, against
its own citizens and
all others who should intrude on them. The tribes permitted a fort to be
built on the upper
side of the Wisconsin river, near its mouth, and granted a tract of land
two miles square, adjoin-
ing the same. The government agreed to give them an annuity of one thousand
dollars per
annum. The validity of this treaty was denied by one band of the Sac Indians,
and this cession
of land became, twenty-eight years after, the alleged cause of the Black
Hawk war.
     2. Another treaty was held at Portage des Sioux, now a village in St.
Charles county, Mis-
souri, on the Mississippi river, September 13, 1815, with certain, chiefs
of that portion of the
Sac nation then residing in Missouri, who, they said, were compelled since
the commencement of
214


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