JOHN TYLER.

DEPARTMENT OF WAR, _August 31, 1841_.

The PRESIDENT OF THE UNITED STATES.

SIR: I transmit herewith a treaty concluded with certain bands of

the Dahcota Nation of Indians, commonly called Sioux, which has been

received at this Department from His Excellency James D. Doty, governor

of Wisconsin, who was appointed a commissioner on the part of the United

States for the purpose of negotiating the treaty; and I desire to submit

the following facts and opinions inducing me to request its favorable

consideration:

It was known on my entering upon the duties of the Department of War

that some provision must speedily be made for the Winnebago Indians in

the Northwest. By the treaty with those Indians in 1837 it was provided

that they should move temporarily upon a narrow strip of country west of

the Mississippi River, called the neutral ground, from the object of its

purchase in 1830. That strip of country is only 40 miles in width, 20

miles of it having been purchased from the Sac and Fox Indians and 20

miles from the Sioux, the object of the purchase having been to place a

barrier between those tribes, which had been for many years at war and

parties of which were continually meeting and destroying each other upon

or adjacent to the country purchased.

When the delegation of Winnebago chiefs was in Washington negotiating

a sale of all their lands east of the Mississippi River, in 1837, a

permanent location for those Indians was not fixed upon, and a temporary

expedient was adopted, and acceded to by the Indians, by which they

agreed, within eight months from the ratification of the treaty, to move

upon and occupy a portion of the neutral ground until they should select

a permanent home.

Owing to the small extent of country thus temporarily assigned to the

Winnebagoes, utterly destitute of all preparation for the reception of

them, slenderly supplied with game, and, above all, the circumstance

that the Sac and Fox Indians were continually at war with the Sioux,

the object of the purchase having utterly failed, the neutral ground,

so called, proving literally the fighting ground of the hostile

tribes--owing to all these circumstances the Winnebagoes were extremely

reluctant to comply with the treaty. It was in part a dictate of

humanity to give them more time for removal than that allotted in the

treaty, in the hope of effecting their permanent removal beyond the

Missouri or elsewhere; but as no steps were taken to select their future

home, and as the white settlers in Wisconsin were fast crowding upon the

Indians, overrunning the country, as usual, in search of town sites,

water privileges, and farming districts, it became absolutely necessary

to make some efforts toward carrying the treaty into effect. Owing to

the excited state of the Indians and the apprehension of disturbance,

the Eighth Regiment of Infantry, in 1840, more than two years, instead

of eight months, after the ratification of the treaty, was ordered upon

the Winnebago frontier, the greater part of the Fifth Regiment being

already there, and in the presence of that force the Indians were

required to comply with the treaty. They reluctantly removed from the

banks of the Wisconsin River and crossed the Mississippi, but did not

go to that portion of the neutral ground agreed upon, which commenced

20 miles from the river, but instead of it they spread themselves along

the bank of the Mississippi, some of them recrossing that river and

ascending the Chippewa and Black rivers. Only a small portion of the

tribe has yet removed to the portion of the neutral ground assigned to

them, and it is perhaps fortunate that local attachments have not been

formed, since, from the position of the country, it was not and never

could have been intended as their permanent home.

After a careful examination of the country in the Northwest the

importance of providing for the Winnebago Indians, though immediate,

became secondary in a more national and wider prospect of benefits in

future years by arrangements which presented themselves to my mind as

not only practicable, but of easy accomplishment.

A glance at the map and at the efforts hitherto made in emigration will

show an extensive body of Indians accumulated upon the Southwestern

frontier, and, looking to the numbers yet to be emigrated from within

the circle of territory soon to become States of the American Union, it

will appear upon very many considerations to be of the utmost importance

to separate the Indians and to interpose a barrier between the masses

which are destined to be placed upon the western frontier, instead of

accumulating them within limits enabling them to unite and in concert

spread desolation over the States of Missouri and Arkansas to, perhaps,

the banks of the Mississippi.

Entertaining these views, it was determined to open negotiations with

the Sioux Indians north and northwest of the purchase of 1830, the

neutral ground, so called, with the purpose of purchasing sufficient

territory beyond the reasonable limits of Iowa to provide a resting

place for the Winnebagoes, intending to treat also with the Sac and Fox

Indians and with the Potawatamies north of the State of Missouri, and

thus enable our citizens to expand west of the Missouri River north of

the State.

It is difficult to state in a condensed report all the reasons now

imperatively urging the adoption of these measures. Besides the absolute

necessity of providing a home for the Winnebagoes, the citizens of Iowa

and of Missouri are crowding upon the territory of the Sac and Fox

Indians and already producing those irritations which in former times

have led to bloody wars. It is not to be for a moment concealed that our

enterprising and hardy population must and will occupy the territory

adjacent to that purchased in 1837 from the Sacs and Foxes, and the only

possible mode of its being done in peace is by another purchase from

those Indians. But the position of the Potawatamies will then become

relatively what that of the Sac and Fox Indians now is, with the

difference that access to their country by the Missouri River will

hasten its occupancy by our people. The only mode of guarding against

future collision, near at hand if not provided against, is by emigrating

not only the Sac and Fox Indians, but also the Potawatamies.

Great efforts have been made to induce those Indians, as also the

Winnebagoes, to move south of the Missouri, but without effect, their

opposition to it being apparently insurmountable, the Potawatamies

expressing the most decided aversion to it on being urged to join other

bands of Potawatamies on the Marais de Cygne, declaring that they would

rather at once go to California, being determined not to unite with

those bands, but to maintain an independence of them. By the purchase

from the Sioux no doubt is entertained that their prejudices may be

advantageously accommodated, for among the objects in contemplation

before adverted to it is to my mind of primary importance so to dispose

of those Indians as to enable this Government to interpose a State

between the Northern and Southern Indians along the Missouri River,

and thus, by dividing the Indians on the frontier and separating the

divisions, prevent a combination and concert of action which future

progress in civilization might otherwise enable them to effect in the

prosecution of revenge for real or imagined grievances.

Great importance is attached to this view of the subject, but scarcely

less to the means provided by the treaty for inducing the remnants of

other Northern tribes to remove to a climate congenial to their habits

and disposition.

From the earliest efforts at emigration certain Northern Indians have

strenuously objected to a removal south of the Missouri on account

of the climate; and where tribes have been induced to dispose of all

right to live east of the Mississippi within the United States, many

individuals, dreading their southern destination, have wandered to the

north and are now living in Canada, annually in the receipt of presents

from the British Government, and will be ready without doubt to side

with that power in any future conflict with this Government. In this

manner considerable numbers of the Delawares and Shawnees and other

Indians have disappeared from our settlements--a fact of great

importance, and which I apprehend has not been heretofore sufficiently

considered. There are many Potawatamies and Ottawas, as also Winnebagoes

and Menomonees, who may be easily induced to move into Canada by

seductive bribes, in the use of which the British Government has always

displayed a remarkable foresight.

Of the Chippewas and Ottawas now in the northern part of Michigan

it is believed there are over 5,000 under treaty obligations to remove

to the Southwest, the greater portion of whom openly declared their

determination to cross the line into Canada and put themselves under

the protection of the British Government in preference to a removal

to that country. These Indians may be accommodated by the arrangements

in contemplation, not only to their own satisfaction, but under

circumstances promising the greatest permanent advantages to the

United States, and separating them from all inducements and even the

possibility of entering the British service. I am not without hope,

also, that through this treaty some suitable and acceptable arrangement

may be made with the New York Indians by which they may be removed with

safety to themselves and benefit to the people of that State. The very

peculiar situation of these Indians is well known; that while they are

under treaty obligation to remove, the treaty being by the Constitution

the supreme law of the land and perfecting in this instance the title

of the land they occupy in a private land company, there is yet every

reason to sympathize with them and the highest moral inducements for

extending every possible relief to them within the legitimate powers of

the Government. I have been assured from sources entitled to my fullest

confidence that although these Indians have hitherto expressed the most

decided aversion to a removal south of the Missouri, there will probably

be no difficulty in persuading them to occupy a more northern region in

the West. I have every reason for believing that a benevolent interest

in their behalf among a portion of our own people, which, it is

supposed, has heretofore presented an obstacle to their emigration, will

be exerted to effect their removal if a portion of the Sioux country can

be appropriated to them.

It will be perceived, therefore, that a multitude of objects thus rest

upon the success of this one treaty, now submitted for examination and

approbation.

Of the Sioux Indians I will but remark that they occupy an immense

country spreading from the Mississippi north of the neutral ground west

and northwest, crossing the Missouri River more than 1,200 miles above

the city of St. Louis. They are divided into bands, which have various

names, the generic name for the whole being the Dahcota Nation. These

bands, though speaking a common language, are independent in their

occupancy of portions of country, and separate treaties may be made with

them. Treaties are already subsisting with some of the bands both on the

Mississippi and Missouri. The treaty now submitted is believed to be

advantageous, and from its provisions contemplates the reduction of

those wandering Indians from their nomadic habits to those of an

agricultural people.

If some of the provisions seem not such as might be desired, it will be

recollected that many interests have to be accommodated in framing an

Indian treaty which can only be fully known to the commissioner, who

derives his information directly from the Indians in the country which

is the object of the purchase.

It is proper to add that I had instructed the commissioner expressly not

to take into consideration what are called traders' claims, in the hope

of correcting a practice which, it is believed, has been attended with

mischievous consequences; but the commissioner has by a letter of

explanations fully satisfied me that in this instance it was absolutely

necessary to accommodate those claims as an indispensable means of

obtaining the assent of the Indians to the treaty. This results,

doubtless, from their dependence upon the traders for articles, in a

measure necessaries, which are for the most part furnished without

competition, and of the proper value of which the Indians are ignorant.

To compensate in some degree for the article in this treaty providing

for the payment of traders' claims, very judicious guards are introduced

into the treaty, calculated effectually to exclude that source of

interest adverse to the Government in all future time within the

purchase under this treaty.

There are other articles in the treaty which I have not been able fully

to realize as judicious or necessary, but for reasons already stated

they deserve respectful consideration.

Notwithstanding the article stipulating that a rejection of any of the

provisions of the treaty should render the whole null and void, I would

respectfully recommend such modified acceptance of the treaty as in the

wisdom of the Senate may seem just and proper, conditioned upon the

assent of the Indians subsequently to be obtained, the Senate making

provision for its reference back to the Indians if necessary.

It will be seen that the treaty provides for a power of regulation in

the Indian Territory by the United States Government under circumstances

not hitherto attempted, presenting an opportunity for an experiment well

worthy of mature consideration.

I ought not to dismiss this subject without adverting to one other

important consideration connected with the integrity of our Northwest

Indians and Territory. The Sioux treaty will effectually withdraw from

British influence all those who are a party to it by making them

stipendiaries of the United States and by operating a change in their

wandering habits and establishing them at known and fixed points under

the observation of Government agents, and as the British can only have

access to that region by the way of Fond du Lac, one or two small

military posts in a direction west and south from that point, it is

believed, will completely control all intercourse with the Indians in

that section of country.

Very respectfully, your obedient servant,

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