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SAMUEL WHARTON and the INDIANS'rights to SELL THEIR LAND: an EIGHTEENTH-CENTURY VIEW James D

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SAMUEL WHARTON and the INDIANS'rights to SELL THEIR LAND: an EIGHTEENTH-CENTURY VIEW James D SAMUEL WHARTON AND THE INDIANS'RIGHTS TO SELL THEIR LAND: AN EIGHTEENTH-CENTURY VIEW James D. Anderson founding and establishing of European colonies in North TheAmerica on a firmand lasting basis resulted from the occupation of lands loosely held by native Indian nations. The movement of white settlers inland from the seaboard necessarily occurred at the expense of the inhabitants possessing or at least using the land. The legality of such appropriations by whatever means — treaties, purchases, or simply "squatters' rights" — has been debated to this day. In pre- Revolutionary America, especially after 1763, the conflict between public and private interests inland ventures came to the fore. A major question involved the rights of Indians to relinquish areas under their control with or without the permission of the crown. Many colonials believed the tribes could voluntarily and legally sell their lands to individual Americans without approval of the British government. The immense amounts of undeveloped interior acreage attracted specu- lators who adhered to that viewpoint. The Whartons, 1 prominent Quaker merchants of Philadelphia, particularly Samuel, became lead- ing advocates for, and defenders of, the Indians' rights to dispose of their property as they saw fitupon their own authority. The patriarch of the family, Joseph (1707-1776), often referred to as "the Grand Duke," acted mainly as an investor in various land deals, particularly inand around his native city. His sons, however, provided leadership as well as financial backing to several endeavors, including involvement in such cooperative efforts as the Illinois Company, the Indiana Company, and the Grand Ohio or Vandalia Born in Columbus, Ohio, Dr. Anderson graduated with an A.B. degree from the University of Pittsburgh in 1951. He retired as a major from the United States Army after twenty-one years of service, earned an M.A. inhis- tory from Mississippi State University and a Ph.D. inhistory from the Univer- sity of Akron in 1977. He has taught at the University of Akron, Mississippi State, and Virginia Polytechnic Institute. He currently lives inKane, Pennsyl- vania. Dr. Anderson has contributed articles to West Virginia —History and the Virginia Magazine of History and Biography (forthcoming). Editor 1 The most recent study on the Whartons is James Donald Anderson, "Thomas Wharton, 1730/31-1784: Merchant in Philadelphia" (Ph.D. dias., University of Akron, 1977), esp. Chap. 1. 122 JAMES D. ANDERSON APRIL Company. Individually or in various combinations, they purchased tracts in such widely spread frontier regions as the Great Valley of Virginia, the Wyoming Valley of the east branch of the Susquehanna River, the Mohawk Valley area of New York, and Western Pennsyl- vania, some in the vicinity of Fort Pitt. The methods used togain at least tentative title to the land varied with the circumstanced and loca- tion. These included purchases from local owners, applications for grants from provincial governments, compensation for generous acts, and buying from the Indians. The oldest son, Thomas (1731*1784), earnestly chased the elusive promise of profit in land. He frequently combined his efforts with those of brothers Joseph (1734-1816) and Charles (1744-1838). They made their main exertions in the Mohawk region inconjunction with lawyer Joseph Galloway, Governor Sir William Franklin of New Jersey, and George Croghan, a charming Irishman and deputy to Sir William Johnson, and in the Wyoming Valley of northeastern Pennsylvania. Another brother, Isaac (1745-1808), assisted in the latter fruitless enterprise. Thomas, Charles, and Joseph, Junior, be- came important members of the Great Ohio Company. 2 Joseph's second son, Samuel (1732-1800), however, became the hinge pin around which rotated the speculative deals in the West. A charmer as well as an opportunist, he had early entered into a partner- ship with John Baynton, a fellow Quaker and Philadelphian, to form the trading firm Baynton and Wharton. Expansion caused at least in part by overly ambitious actions by both men caused them to seek new capital. The additional financing arrived with George Morgan, Baynton's son-in-law, the reorganization resulting in Baynton, Whar- ton and Morgan. Almost simultaneously the firm's market Switched from the export-import of raw materials and finished goods tosupply- ing Britishgarrisons along the Mississippi River and to trading with Indians in the vast territory gained from the French in1763, particu- larly inIllinois. The partners understood that the Proclamation Line of 1763, which severely limited white immigration and trading west of Allegheny Mountain, could hamper their activities but they opti- mistically perceived it is eliminating small and inefficient traders from competition. 1 2 /&«*.,Chap. 4. 3 A need continues for a broad biography of Samuel Wharton, a most interesting if somewhat irritating man. See Wayne E. Stevens, "Samuel Biography, Wharton," in Allen Johnson et al.f eds., Dictionary of American 20 vols. (New York, 1927-1936), 20:32-33. He has important roles in Max Savelle, George Morgan, Colony Builder (New York, 1932) ; Thomas 1980 SAMUEL WHAKTON AND INDIANS' RIGHTS 123 Land within Canada recently captured by British troops and ceded by France in the Treaty ofParis early attracted the attention of many colonials. Baynton and Wharton at first focused on two tracts bordering Lake Champlain and wished to form a coalition, including Benjamin Franklin, to develop them. The area offered great potential in good soil, timber, and fish, and they wanted Franklin to assist in obtaining a grant from the crown. 4 Apparently nothing came from this effort, but they did not worry about it. The greater riches presented by the prairie country of Illinois diverted their thoughts to the west. Urged on by Croghan, who wanted one-fourth of the profits, Wharton and his partners joined Robert Field and Robert Callendar of Lancaster to form the "grand Illinois Venture." Their first attempt to take goods west failed because of the depredations of the "Black Boys" at Sideling Hill.Other efforts could be completed only withthe expenditure of much time, money, and energy. From Fort Pitt the goods had to be carried down the Ohio to the Mississippi and up that great river to Fort Chartres. The failure of the British commander there to honor an informal contract for a monopoly of trade hurt the company, and it was ultimately placed inthe hands of trustees in1767.* Land, not trade, however, presented the greatest potential. In March 1766 three Whartons (Samuel, Joseph, Senior, and Joseph, Junior) united with William Franklin, Croghan, Baynton, Morgan, Galloway, John Hughes, and Sir William Johnson to form the Illinois Company. Less than a month later Thomas Wharton and John Morgan, George's brother, added their names to an application for a grant from the crown of 1,400,000 acres in Illinois contingent upon the creation of a civilgovernment there. 6 The scheme collapsed at that time.7 Other colonial traders balked at the monopolistic aims of the Philadelphians. Moreover, the British ministers resolved to Perkins Abernethy, Western Lands and the American Revolution (New York, 1937) ; George E. Lewis, The Indiana Company, 1763-1798 (Glendale, Calif., 1941) ;Jack M.Sosin, Whitehall and the wilderness (Lincoln, Neb., 1905). 4 Baynton and Wharton to B.Franklin,Nov. 3, 1764; Franklin toRichard Jackson, May 1, 1764, Leonard W. Labaree et al, eds., The Papers of Benja- min Franklin (New Haven, 1959- ), 11:427-28, 187-88 (hereafter cited as Franklin Papers). 5 T. Wharton to B. Franklin, Dec 4, 1764, Mar. 25, 1765, Franklin Papers, American Philosophical Society, Philadelphia ;Savelle, Morgan, Chaps, 2-3;Anderson, "Thomas Wharton," 159-62. For a concise description of these companies, see Lawrence Henry Gipson, The British Empire Before the American Revolution, 15 vols. (New York, 19464970), 11:457-88. 6 Articles of Agreement, Illinois Co., Mar. 29, 1766, Soc. Misc. Col; same, Apr. 29, 1766, Wharton- Willing Col., courtesy of Historical Society of Pennsylvania (hereafter cited as HSP ). 7 The company was revived in 1779, but the Whartons had no connec- tion withthe new organization. 124 JAMES D. ANDERSON APRIL enforce the Proclamation Line of 1763 and did not want a repetition of Pontiac's "Conspiracy." Sometime during the tribulations of the Illinois Company, Samuel began tochange directions as to legitimizing claims to western lands. Whereas he had favored obtaining grants under governmental grace or approval, he now leaned toward purchases of land from its native owners or at least those who claimed physical possession. His reason- ingis obscure, but he may have been favorably influenced by his con- tacts with the Indians during several trips west of the mountains. He visited Fort Pitt in 1766, for instance, to witness one of the many peace treaties with the Iroquois, Delawares, and Shawnees. Inaddi- tion,the reticence of the ministers inLondon concerning the Proclama- tionLine and white settlers disturbed him. Further, he was a Quaker and did share to some extent that sect's sympathy toward the natives. After all these considerations had been digested, he may have only envisioned the Indians' approval to be a shortcut to riches. Surely this last thought inspired his attachment to the fate of the "suffering traders." Early inthe first campaigns of the French and Indian War, the Indian allies of the French had destroyed in Western Pennsylvania and what is now eastern Ohio the property of several frontier mer- chants, among them Croghan and William Trent. Trent, a sometime partner of Croghan, had been very active in the West, had founded Brownsville, and had built a stockade near the forks of the Ohio. Then, in 1763, sundry Indian nations rallied around Pontiac, and the western traders, mostly at Logstown, again lost considerable amounts of goods, including some the property of Baynton, Wharton and Morgan. In 1764 the "suffering traders" appointed Croghan their emissary and sent him to Britain to obtain compensation from the government.
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