COLONIAL INDIAN AFFAIRS John W. Yuenger, A.B. a Thesis Submitted To

THE GROVvTH OF CENTRALIZAfJ?ION

IN COLONIAL INDIAN AFFAIRS

by John W. Yuenger, A.B.

A Thesis submitted to the Faculty of the Graduate School, Marquette University in Partial Fulfillment of the Re quirements for the Degree of' Master of Art.

~ilwaukee, Wisconsin May, 1950 11

PEEr'ACE

The centralization of IndIan aftairs, culminatIng 1n the exercise of undivIded authority, was a tedious prooess that had 1ts beginning wIth the first meeting between the IndIan and the whIte man. At tltr.ea, in the broad outlines of American colonial history, there appears no connecting link to torge a dIstinct ohaIn of growth. Rather, the several isolated incident. and experiments aooumulated, haphazard fashIon, under the dominanoe ot a multItude ot authorit1es and were only eventually reoognized and evalu ated. Conaequent1y, there are inoluded in thIs study various oocurrence. and situations that, on the immediate surface, wl11 seem to bear no dIstinct reterence to centrallzatlon. It 1a hoped that In the course of the paper these apparently Irrelevant material. wll1 be assooiated sufficIently to render their inolusion valld. One of the greater hazarda In the present study 18 the natl~al tendency to be carrIed into relatIve tields ot con centration and, tor thIs reason, a concerted effort has been made to avoid the useless recitatIon of such mIlItary affairs, Ind.1an wars, treaties, and sIde issue., that. have no advantage toward the realIzation ot the object at hand,_

Finally. there has been 8. two-fold guIding purpose 1n 111

the oonstruotion of thIs work: a study in the gradual evo lutIon of centralization in Indian affaIrs; and the relation of materials, whenever possIble, that will point to later governmental aotivity In the operatIon of thIs field. This latter faoet being an attempt to oOinoidently traoe the genesiS of the Constitutional era's basic method of Indian oontrol, the Indian Agency System. 1v

TABLE OF CONTENTS

Chapter Page

Preface • • • • • •• •••••• • • 11

I. The First Frontier • • • • ••• • • • I

II. The Growth in Organized Indian Affaira • • 13

III. The Balance of Power • • •• •• •• 39

IV. Centralization Realized • • • ••• • 71

Bibliography. • •••• • •• 94 CHAPTER ± THE FIRST FRONTIER

In primeval North Alr1erioa the virgin forests boasted a proud master. Independent, hardy, a naturally gregarious individual, the Amerioan Indian roamed over lands he never stopped to value, to find wild quarry he never dreamt would vanish. Living in rude primitiveness, swinging his roughly hewn warolub or his hand-ehisled spear, he took only what he needed. The riohly pelted animals were his food, olothing and bowstring. He relished what he oonsidered the kingly fare of fish, maize, beans, pumpkins, wild rioe, or what he gathered from the ohase.

The ooming of the tl Grea t V.hi te Spiri t" was, ironioally, a wonderful sign to the uninhibited savage. He, who by ritual considered himself among the ohosen people of the gods, was being honored by a visit from the deities. In aocordanoe with his simple beliefs the redman teasted and oelebrated the ooming. In a short time he found his neighbor shrift of any competenoe In raising maize, or hunting game, and he w1l1ingly fell to teaohing him. L1ttle did he realize that these over tures were in reality funeral oeremonies for his entire oiv ilization. It did,ntt take the whlte man long to realize that there were many advantages to this friendship with the trusting Indian. He could secure game for food; he could instruot in

1 2 the wiles of the wilderness; and· he could intercede with less understanding redfolk who rather disliked this encroach- rnent upon their world. But far more important, the newcomer cast an appraising eye upon a new empire. An empire of beaver and deer, of mink, muskrat, martin, fox and wolf; a new world of sunny lands, well watered soil and freedom from the inconveniences of established sooiety. There were tremendous effects realized from these ini- tlal meetings. The Indian was oonfronted with a far superior civIlization. Here were metal kettles to replace the clay, steel knives and hatchets to replaoe those of stone and flint. Here were soft, pliable fabrios to replace the oumbersome and often orudely wrought fur and leather garments, the abra sive hides or the rushmats. Soon these strong and endurable applianoes destroyed the IT;anufacture of stone and bone utensils. Old men lost their oooupations and young boys ceased to be pupils. 1 It would be hard to underestimate this COnse-

1. V~. E. GriffiS, !!!!: William Johnson (New York, 1926),40. quent loss of skill and power. It slowly transformed inde pendent people into weak and begg1ng dependents. Not only, however, was the white man's coming felt heavily in the Indians industrial habits. In his wake the the adventuresome immigrant spread several other items of civilized society that hastened the redman's denouement. 3

Chlet among these were the gun, ~iquor and several oommuni oable diseases. Although the latter is usually given as the cause tor the deoimation of onoe large and powertul tribes {as for example, smAllpox among the seaboard Indians),2 the

2. Herbert L. Osgood, The American Colonies in the Seven- teenth Century (New York, 1904), 521. ----- first two wreaked the greatest havoo. Previous to the introduotion of gunpowder the Indians, equipped with flint weapons and deoked in bark armor, fought in the open tield with oomparative personal exposure. Their battles were masses of men led by their saohems, or ohlefs, and their military taotio differed but slightly from their European oounterpart betore the introduotion of firearms.3

3. GriffiS, -Sir William Johnson, 40.

With the advent of powder and ball the bark or hide shields were disoarded; "bows and arrows were soon lett to ohildren,,,4 battle order ohanged and open mass affrays were

4. -Ibid. ended. The musket at first appeared to be a wonderful gi~t to the savage. He could now hunt more easily and with little diffioulty aoquire more furs to be turned over to the white 4 man for more manufactured goods.' he could increase his hold over other tribes not yet introduced to this wonderful 1neoh- anie.

Yet, t~is boon instead of ma~in3 t~e redrran ~OTe free, rrore effective, or more lasting, made hi~ even wore dependent upon the whlte newoomer. Crafty as he was in forest ways he could not fashion firearms, nor mold pellets, nor xr.anufacture powder. He could not perform even the simplest repalr work on the weapon he owned, so that he constantly wss dependent upon the w'1ite smith for minor, though important, blacksmith dutles.5 In time, no ma.tter "h.ow wrought up he becaxr.e, or how

5. Koward Peckham, ?,ontlac and the Indian Uprising (Prince ton, 1947), 10. much he desired to seyer connections with this persistent in vader, he could not evade his growing dependence upon h1m. But th1s dependence was not particularly a one-sided arrangement. Al though the W11i te man could see the broad and rich expanses, though he could visualize the great wealth potential of the pelt-r1ch inter1or, he was 1ncapable of mak1ng the most of his posit1on without the a1d, or at least the taoit approval of the red ally. It was only natural that a common result should be work1ng alliances. Perhaps there 1s one example of such agreement between the two new neighbors that by its very obvious 1mportance 5

would serve as a best introductory example. It is perhaps one of history's oddities that one of the greatest Indhm white allianoes was in great stead brought about by the lack of foresight on the part of one official. In 1609, when Chtll'nplain pursued overtures of friendshIp with the Algonquin, those northern In(~lans were in the throes of mortal confliot with the Iroquois nations. In appeasing the requests of the Algonquin chiefs to "make the loud smoket! against the Iro quois, Ghattlp1ain sealed. the fate of }:o'rench Golonial Amerioa.6

6. V'1111am Henry Sohnson, l"rench Pa th£lnders .!n North Ameri£! (Boston, 1919), 130.

\\hen the powerful Iroquois first felt the sting that followed the puff of Champlain's arquebus, oonsternation and confusion were followed by the strong desire to possess such awesome wea.pons. Accordingly they set about oultivatiniS the Dutch friendship at New Amsterdam. '!'heir resultant allianoe wtth t'1c Netherlanders, later transferred to the Snglish, allied five of the ~ost powerfu1 tribes in Al'l'lerica and, through indirection, granted control of the most power-laden "Hl1ey in the new world. 7

7. C~Brlea H. koIlwain, 1n his introduction to Peter Wraxa11's An Abridgerr·ent £!. Indian Affairs (Cambridge, 1915), xxxix, denies the validity of the COlT'J'1l.on olaim mentioned and ' posits the aotion of the Iroquois to ally w1th the English to have stemmed from commerc1al 1nterests.

The Iroquois Confederacy, boasting control of the N'ohawk- 6

Hudson valleys, lived picturesquely in their "Great Long House." This title was derived from their own tribal huts whioh were elongated bark atfa1.ra open at both ends. As in their tribal houses, so in their Confederation were several "families" belonging to the Great Long House which stretohed from the Hudson to the Niagara. Fiercest and most respected of the Five Nations were the Mohawks, who lived 1n the mouth of the Mohawk valley. The Oneidas, living next westward, inhabited the region from Little Falls to One1da Lake. The Onandagas, who "kept the counoil fires" or the center of the Confederation, lived between the Susquehanna and the eastern end of Lake Ontario. The Cayugas roamed the area between the lake named after them and the Genesse. Valley. Last, and most numerous, of the Iroquois, the Senecas, occupied the country between Rochester and Niagara.S

8. Griffis, ~ William Johnson, 37.

It is significant that this proud, aboriginal people straddled the "military nerves of a continent"; the water system which bordered, passed through, or issued from, the state of New York. From that location one could canoe, with very ahort portages, from New York to Dakota, to Newfoundland or the Gulf of Mexico. It was possible to go through twenty states or two-thirds of the Un1ted States territory, without 7 leaving the courses of the valley. It is not possible to so communioate in any other state from east to west without overooming at least one mountain ridge.9

9. Griffis, ~ William Johns~n, 37.

It didn't take the keen frontiersman long to realize that the nation which controlled the Iroquois oontrolled the water network of the Amerioan hinterland. The acoessibility to this ninterland became more and more important in the early years as the beaver country near the Atlantic ooast became exhausted. Those oolonies Which had access to the lakes or the Mississippi Valley region acquired a virtual monopoly of the English share of the fur trade. With the disappearance of the fur bearers the New England group was forced to become more concerned with fisheries and boatmaking; Virginia, upon becoming mountain-bound, as well as the southern colonies, changed their acoents from trade to land considerations, although trade did still remain a formidable part of the business activity. In the oentral oolonies, those on the seaboard, suoh as New Jersey, gave way to more western Pennsylvania, while New York exercised undisputed sway over the greater share of the fur potential.lO

10. Wraxall, ~ Abridgement £! Indian Affairs, xv.

~ith the accession of theae latter central oolonies to 8 the major roles in the fur industry, relations with the Indian tribes became ever more important than previously_ It is a conspiouous historical faot that while New England carried on Indian relations from a distinctly defensive attitude, and the southern oolonies inaugurated treaties for ground gaining purposes I the New York and Pennsylvania oolonies en.lsineered trade agreements almost exolusively. F'or I with the Iroquois, trade allianoes meant war alliances. The one to whom he would bring f'urs he would just as readily bring sca1ps.ll

11. Wraxa11, !!l AbrIdgement of Indian Affairs, xv.

The Iroquois lend themselves to example in other fashions besides oontrol of tile water systems, however. They exemplify to the greatest extent the power of oontrol from a military standpoint. 11he rampaging Seneca and Mohawk pieroed ever further west and ever deeper south, subjugating far tribe. to their dominion and in suoh fashion making Albany, their meet ing plaoe with the white, one of the most important oontrol points for the English foothold in Amerioa. It is readily apparent that allianoes and Indian rela tions ultimately spelled longevity or dereat for indIviduals, oompanies, colonies or nations. When the side tent exhibi tions gave way for the main event, the ultimate strugle between England and Franoe, two essentially different Indian polioies were heavily tested. 9

The Frenoh were hardly amateurs in matters of Indian relations. Fronted by an effective forest diplomat, the coureur .Q!. .!2.2.!!, or woods runner, the French had pus~ed deeply into the st. Lawrence country. Adapted by nature to the free and expressive life of the baok country, this half- breed was one of two potent forces of Frenoh diplomaoy.

Often inter-l'rarrying with the Indian, taking up their tribal habits, and forego1ng the ~ore demanding society of civiliza tion, the ooureur de £2!! swung ~Any otherwise reluctant trlbea to the patronage of New Franoe. The other mainstay of the Flrench arr'ong the savages, the Jesuit, was to be found where ever there was a French con trolled cOtrn'unity. These self-saorific1ng persons willingly entered the darkness of the pagan wilds and sought to k1ndle the light of Catholicism among the savages. The Eng11sh, but briefly removed from the religious upheavals in Europe, sus pected that one of the ~ore important m1ssions of t~e Jesuit, or "Black Robe" as he was fondly oalled by the F'renoh and. Ind.ians a11ke, was to influence the savage to France as well as to Christ. Several histor1ans have taken up this theme, espeoially 1n conneotion with the Jesuit attempts to oonvert the heathen and destruct1ve Iroquois. Perhaps it was not possible for the "Black Robe" to alienate himself oompletely from deeply grounded national affeotions, but it is hard for one to entirely aocept such observations as the noted Francis Parkman makes: 10

The complete conversion of the Iroquois meant their estrangement from the heretic English and Dutch and their firm alliance with the French. It meant safety for Canada, and it insured for her the fur trade of the interior, freed of English rivalry • • •• While the Jesuit toiled to convert his savage hosts, he watched them wi th the eye of the sl1I'ewd political agent; re ported a t~~uebec the results of his observations; and by every means in his power sought to alien- a te them from England and a ttach them to l"rance .12

12. Francis Parkman, The Old Regime ~ Canada (Boston, 1927), 381.

In addition to these two main forces of French interest among the Indians, the New France garrisons regularly supplied military officers for conferences and alliance making after the greater part of the groundwork had been done through the conoiliating efforts of the first two larger groups. However, the Dutch had their 22!-loper13 who was the

13. For an exoellent aooount of the activity of the hos lope in Dutch trading aotivity see W. E. GriffiS;-Sir Willr am Johnson, 30.

oounterpart of the ooureur ~ £21!. The English regularly supplied missionaries among the several Indian tribes, and also engaged explorers, traders, interpreters !! a1, to carry on relations w1th the Indian nations. To the Frenoh advantage it would appear that their military system of having all ' authority stem from the Governor General would far outweigh 11

the English sys tor. of scparQt10n 'of powers arrons th~' 1')j cker- ins and jealous colonies. ~itb t~1s B~vantagc amonG the all-important Indb:m trj.bes \'{herein stcrrlJ:~ecl the uJ tin:ite

French defeat"( The ansv.er 11e8 in tr-ree particulars; t.he

English continued fi.11hmce ,-H.:h the Jroqnois; tbf' (lr,tsbltsb- n:ent of a sottlen:cnt, as dl.stinf;uiehed from a p'il! tary, frontier; and the dogged deterlrination of the English, coupled ,d th the experience forged in the thnusand flames thH thad per:todlca11y flared along the length of a new vIJorld frontier. The first of these Professor Fiske chooses to call "the pivotal fact in American history."14 'Jlhe French policy of

14. John Fiske, Dutch and Quaker Colonies in An:erlca, II (Boaton, 1903), !7~ --- l1'111tary occupation and the discouragement of permanent settlement15 eventually made the~ weak in the raising of

15. Augustus C. Buell, Sir William Johnson (New York, 1903), 97. determined, home-protecting and disoiplined personnel. The third faotor in great stead depends upon the first two. It 1s in the study of the first and last consi(!eratlons that we are engaged.

The development of an Indian policy which held t~e key 12

to a continent walii in n0 waf Ii spontaneous t,i;6neratton. 'l'he growth and ml:iidtewince 01' tc was not devoid OJ:' trial and error, trea t.l IHlI: was sacre, accumu,la ted and coatI'] experi ments. t,;Hf~P'l'~H 11

'J.'H.t! :.ltW¥:i '.(Iff uF 'JrlGAN l.6l!:D I:t01AN A};!'~'AL{8

The closely woven relations of the calibre found exlst- ing 1n the l'lter htstory "r t'1,e colo:!"lies actually be~-r,an with the first meetings between t~e Indian and t~e white man. From the earliest settlement of the Engl1.sh, intercourse between the!l3e two raoes was 1n the main oa1"rteo. by repreSfl'1ta- tlves that forged the important groundwork whioh later en abled over-spilling settlements to edge slowly toward the west. These seleoted exeoutors of frontier tfdiplomaoylt were at first derivattve of no partioular group in New World sooiety. !!'he general appraisal is that six rather fluid classes of individuals were engaged in early Indian relations. But to state merely that these groups were oomposed of explorers, traders, miSSionaries, settlers, military offioers and of- 1'io1al agents or oommissioners is to express only a near- truth. Actually these general oategories often overlapned. Ocoasionally missionaries or military offioers aoted 1n agent or oommissioner oapaci ties on temporary or speoific rr'issions. The explorer and the trader usually beoame settlers, rr'ain talniog periodio oonneotions with frontier controversies. Almost all frontiersmen were in some manner engaged in the

, Indian trade. In the annals of the first outposts we rind even unwilling oaptives bringing about needed and bountiful 13 14 agreement;s.. 1

------._------1. The best eXH.l"'lpl'3)f '/':'.1·/a1·18 role.t:"):1'i "rITOH,::;ht. ar.:)nt. by Indian captives is that of John Sro.~th when imprisonod by Powhatu::-'( in 17,)9. ;.?.ee 1;::0;:1. G. Tyler, ~J.jy·t;;.tlves of Eal'ly Virginia (New York, 1907), 131.

The process of synchronizing these multiple activities into one concerted system lay unrealized until the center of the el.ghteenth century. Before that time the separatist and individualistic attitudes of the various colonies were expressed in legislations, allianoes and policies dIctated by personal interest. There was no great concern shown for oentralization in Indian affairs until several forces oombined to make such oentralization necessary. In the hit and n:lss program of finding the key to secreta of frcmtler m.anagel1'lent one policy comrronly utilized was that of "divide and conquer. ft Such a selfish process could only eenerate frontier jealousies and misunderstandings. Tribes not only fought among themselves for the good graces of the various authorities but constant agitations drove them against the outlying townships. ~'ihen the settler engaged in unguided retaliation for these depredat10ns he often at.tacked an in.nocent tribe, causing great political as 1I1el1 as traterial damages.2 In order to avoid these oircumst.ances persons were

2. Nathaniel Shurtleff (ed.), Reoords of l{assachusetts Bay Colony ~ ~ England (Boaton, 185317 II, 227. 15 placed in the employ of the settlements who could influenoe Indian and white alike in effective conoiliation. Massachusetts early recognized the value in having men go among the Indians to settle their legal disputes before they- expressed their own deCisions in vehement warfare. As early as 1650 that colony sent two jurists to hold oourts among the Indians. Of these two, Humphrey Atherton and Daniel Gookin, the latter finally beoame engaged as a lay superintendent over them and offiCiated from time to time in their intertribal squabbles.3 In legal arguments between the

3. For the appointment of these offioials see Shurtleff, Reoords of Massachusetts Haz ColonI !u New England, IV (2), 34 and ~9; for Gookin's actiVities see-crharles H. Linooln (ad.), Narratives .21 .!h!. Indian !!.!:! (New York, 1913), 40. tribes and the looal government no one person could be se cured who could vouoh for the wishes or a1lianoes of the whole tribe. This diffiou1ty led the same colony to dispatoh the missionary John Eliot among them to carry out tribal elections. Unfortunately the e1eotion system was unsuooessfu1 and this method of binding the tribe had. to be abandoned.4

4. Herbert L. Osgood, !h! 4Werioan Colonies ~ !h! Seventeenth OenturI, II, 538.

Probably the most effective testimony of the politIoal values of missionaries engaged in colonial Indian activity is 16 that afforded by the soon defunct colony of New Sweden. This oolony alone can boast a tenure of absolute agreement with the Indian and it alone can point to an unblemished reoord of Indian affairs. Unlike the other oolonies, it aooepted the Indian suzerainty of the 80il; reoognized the right of the Indian to the management of his own affairs; and upheld the dignity of the individual, whether pagan or Chrlstlan.5

5. C. Hale Sipe, .TI!! Jpqian !!!:! 2! Pennsy-lvania (Harrisburg, 1929), 62.

From its founding 1n 1638 to its demise at the hands of the Dutch in 1655, New Sweden worked for and with the Indian. Its greatest effort at Christianizing the Indian was through good example. Its governor, Printz, was an accomplished a missionary as any 1n his 8ettle~ent and he made a common practioe of going among the natives and holding counoils with them. It was through theae assooiations that the first trans lation of a book into the Indian language oame to be made when he translated Luther's Catechism into the r~laware tongue.6 The later relations of William Penn with these same

6. Ibid. tribes was in great stead established by the unfailing ana understanding efforts of the Swedish in the easternmost seotions of the now state of Pennsylvania. 17

Anti-thetical to these understanding and paternal over tures were those which characterized the Puritan settlements. Here, where the white inhabitant was inclined to over-esti mate the wrongs committed by the savage and to under-estimate his own lack or Christian charit~, we rind an almost wanton destruction of the native. Not only was it a coronion prao tice to offer bounties for the scalps of the redroan7 but, when

7. Cotton Mather, "Decennium Luctuosum" in Charles H. Lincoln's Narratives of the Indian Wars, 266. This writing of Mather 1s a valuabIi account of PUrItan methods and concepts; see also George W. Ellis, KinS Philipfs ~ (New York, 1906), 23. captured, he was literally baptized by fire. In writing of one such occasion Cotton }tather speaks of the burning of over

600 men, women and ohildren. Aocording to this Puritan minister, "Many of the~ were broiled unto death in the aveng ing flames. B8

8. C. Hale Slpe, !h.! Indian!!!!:.! 2! Pennszlvanla, 66.

In most colonies there was a synthesiS of these two extremes. Connecticut attempted a system in which partial Indian management was carried on by the natives. This began with the MohIcan, Unoa., who had broken away from his tribe and attached himself to the English. He was placed in authority over those groups in allegiance to the oolony but 18 in a short while his overbearing. manner led to many oom plaints by other ohiefs and he was deposed. In his place were named to chiefs as governors with commissions from the crown. These governors were annually appointed and each had two assistants. In 1661, two linglishrnen were named over seers to assist the governors. They were to advise on mat ters of administration and see that the tribesmen were not deprived of their rights by English neighbors.9

~. Charles J. Hoadly (ed.), The Public Records of Connecti ~ (Hartford, 1881), II, 39.

In all the colonies the outbreak of Indian warfare and its oonsistent result greatly strengthened the control which the oolonies exerted. Existent laws regarding trade or social intercourse with them was made more vigorous. All Indian residents within towns and settlements were suspect Qnd oertain of the colonies, notably Plymouth., passed laws that provided for the appointment of men by the courts to oversee their within-settlement activity.10

10. Nathaniel Shurtleff (ed.), Records of the Colony of Pl~outh (Boston, 1855), XI, 252. ------

'rhese several random examples of the impetus toward representat1v68 in Indian affairs shows olearly that the opening century was one of orientat.icn. rather than one of 19

great acoomplishment in the governance of the Indian. Yet, inherent in these attempts are the frail outlines of things to come. It would be harsh to state that the growth of Indian affairs was pure and simple a growth in the exploita tion of the Indian. However, as the oentralization of Indian affairs under individuals becomes more discernable, and as each oolony tends toward the establishment of a more permanent and forceful policy, so also does the system exhibit a greater or les8 activity in direct proportion to the neoess1ty involved. For reasons of facility it would be profitable if the growth, policy and early effeots of one colonial record be investIgated. None lends itself more rea~lly to be repre sentative ~f these factors than does that of the colony of New York. In the days of the Dutch occupation of the later New York territories relations were governed by t.hree lI'Ain con siderations; t~ose of trade, defense and real estate. In order to regulate the conduct of these three objeotives the Dutoh early constituted a board of Indian corrmissloners.ll

11. The nomina tlng of commissioners was also a con:mon oustom in other colonies but these were named for special mis sions an(1 needed to be renamed at t he outset of another group of negotiations. See Charles A. Hanna, The ~1lder ~ Trail (New York, 1911), 56 .. 67, 68, 69. -

'[,hese officials were selected members of the council of 20

Burgomeisters and, though they carried on negotiations with the Indian nations, they also remained aotive in the local and territorial civil affairs. In order to facilitate matters t the oommissioners selected a commander who was to be their direct oonnecting link with the natives. He was to sit in on all Indian legislation and was allowed a vote.12

12. E. B. O'Callaghan (ed.), I/ocuments Relative to the Colonial History s:1.. !!:! !2!:! (Albany, 1856), XIV;-645 !1 seg.. ; also Wraxall J !!! Abridgement S?! !!l! Indian Affairs ~ !h! New!2£! Indian Reoords, iv.

Due to the huge operation of dealing with five tribes of the Confederacy the oouncil saw fit from time to time to select special deputies for temporary negotiations. One important facet of the commissioner system in the New Netherlands was that the burgomasters appointed all subordinate offioials and were empowered to nominate their own successors.13 The power residIng in the consequent ex-

13. Wraxall, An Abridgement ot the Indian Affairs trom the !!.! !.2!:.! Ijidlan Recprds,lv:- ' -- elusiveness of this group 1s readIly apparent. With the advent of the English, and Sir Edmund Andros as governor, a slight ohange was brought about in the admInis tration of Indian affairs. Conscious or the key Importanoe of the Iroquois, Andros repaired to Onondaga immediately to 21

14 hold a conf0T'enoe w1 th the saohenls of' tha Confederacy. He

14. JO:-tn l"iske, Tl",ltch ~ 111a,1{:er Colonie~ in ;i.:r~;or.toa, II, 51.

rra~e it sufficiently clear that he was to replace "the

r~orloar," or Dutch Governor, in thatr assocIations and that the new colony would resume the same policy upheld by their predecessors. It is possible that at thIs conference the

sachems made it known that the Th~tch system of part-time com-

missioners was not ~anted and that permanent ~en should be seleoted to handle Indian affairs. An imwediate result ot this meeting was the establishment of a board of Indian com missioners with its headquarters at Albany.15 A young Scots-

15. lE.!9..

wan, Hobert Livingston, was named its first secretary and had five fellow board members. 16 This milestone, in 1675, was

16. ~.

the first such board of Indian Cornmlssioners in Arr;erica and marked the trend toward specialists in Innlan affairs. 'l'he appointment of these direct commissioners d1d not irrlTledla.tely solve the multiple dlff1culties that constantly

ooourred. F'rom 9. beginning of four cOJrmlssioners the board 22 gradually increased to thirty members by 1730,17 so that

17. Arthur G. Doughty and Adam Shortt, "British Dominion" in Canada !!!2 ill. l:'lrovinces ('I'oronto, 1914), IV, 698. ------t~ere was inoessant bickering and disagreements on matters of po11oy. To make matters worse t~e various appo1nted officials did not go among the Indian nations but resolved to have the Indian oome to them with their dlfficul ties. 'l'his plaoed the Indian in an awkWard position and effectively weakened rather than strengthened the English cause among the League. For various important tasks traders, inter preters, or envoy. were appointed to meet and discuss with the Indian. This was no improvement over the old, oomplained of, system.lS

18. It is in this light that Arnout (Arnold) Viele is reg1s tered as the first appointee of the crown as special In d1an co~m1ssioner to the Five Nations in 1689. The cita tion of Viele 1s found in A. Doughty and A. Shortt, Canada ~ l!! Provinces, IV, 698; and also Charles A. Hanna, ...... The Wilderness Trail, I, 4 •

One praotice all of the Indian commissioners had in aom- mon; they all engaged in the fur trade. This practioe of fur trading on the part of the officials was accepted as a custom ary practioe, even in the first days of the commissary under the Dutch. One of the greatest reasons why persons could be found with ease to aot in the capaoity of Indian commissioner 23

was due to \.,fle protoction such a' poe i. tlon aI?orded. 19

l~. rn16 'IGoldon l'apors, a Vol. IV, In Collection of the New York ~18torlcal Socletz (New York, 1921), tI11,"273: Hereafter cited as t~e 001den Papers.

'~Yith the growth of relations there was a corresponding growth in the atr:ount of trade on the part of those vested with the public lnterest. Because of the1r position 8.S com- rrissloncrs their qUG.rtor3 were t~1.e first stopping place of the Indian who came to the town wi th liis supply of furs.

~hen the native would arrive the official would utilize his position as dispenser of the Colonial Indian gifts, whioh naturally prejudiced the Indian in his behalf. In consequenoe, the oOJ1m'issioner always had first choice of almost all oar- goes of furs that entered Albany. By th1s political ruse he 20 was enabled to control the greater share of the Indian trade.

20. Ibid.

Not only would they get the choioe furs, however, but they wielded their poattion further to effectIvel,- impediment trade on behalf of other enterprisers. One method of doing this was to establish high prioes on the s.rtloles that were to be l~sed as barter in the Indian trade. When the Indian wou1d come to tl1e township to dispose of his furs and take horr·e a supply of manufac tured 1 terns, he found thu t the ~4

cOJ(in~18;:.;:lont.n> would e.;tve h1m far t:H~ better exchhnge than the private trader couln possibly manage.21

21. ~ Golden Parers, 2'75 •

• --~ .... -~--•• ----~~------,,--...... _-,--,--,_._• ...--_.- ">"" .'"'.. "'------.-....>-~.----... - ... -...----

In adu 1 tion to th) s unju8 t pr·Q.ctl<;1;:: t!~e C01I.iItll.fI filonur, by holng aotive an:ong legislative and judinia.l faetlons, could effeotively stop the litigations that sor:e cO]T,Jnercially injlU'ed Indian Vliould att€lnpt to bJ·lng. In co',xrt act~.:Y:S an

India.n's evidenoe was not allowable and thAre was 1:) al1ow- anoe toward his selecting a lawyer to represent hiI'". The long drawn-out legal prooess involved kept him away from hi. livelihood for several months while counselors, favorable to t"',G cOr1::l'd,ssloner, would dally on the justice of 1118 claim.22

22. Ibid.

All of these abuses pyramided and tended to enlarge the grow ing negative attitude toward the English and tended the Indian more frequently to the Frenoh.

Tlte p:»o:'(imate pos~.tlon of the f'rench to tlte Five Nations increased the hazards of such Indian pels tions. ';,:1 t:-l the

:';overrUT'ent of Prance regularly sendJ.ng rnl1~_tar:{ representa- tlves, tra.ders, oour~tU' S!. ~ and n:tss lonar las among the ns. t :lons 1 t W9.e only nn tural tht;l,t Pte Indian shou11 be'~ome 25

aware nf '"tis impOl'tnnee in a military I 8,S well as R. ~OJn:merclal, sense. 23

23. Arthur Potmd, Johnson 2.! ~ ~loha:wks (New York, 1930), 93.

At first the French l"1f.tltratlon W90S hardly notlceable due to the ferool ty of the early tribal ohleftana. r:rowever, toward the turn of the century, the Iroql.lo's informed the commissioners that there were weekly entres of French workers among them who were interested in setting up permanent quarters. The Oayuga nation sent earnest entreaties to the English governor stating that they would not reoeive any French priests or agents among them If only New York would !laand a man of respeot, an interpreter, a smith, and a brazier to reside amongst them.»24 But the New York govern-

------~----.------.. -,------24. ~~'r8..Xall, ~ Abridgement 2!. Indian Affairs, 46. roent seeroed little disposed to heed these growing requests. Peter wraxall, one of the more dependable ohroniclers of the period, states that there were t'l1ree pOints that the Indian oonstantly pressed for oorrectton. '!hat a prudent and oapable person who understood their language be invested with the proper powers of authority and permanently reside a.mong them; that a gunsmith with the proper tools be permanently fixed at Onondaga to repair their weapons and equipment; that 26 powder and shot be kept at prices they could afford to bUl the quantities necessary for hunting and for wo.r. 25 The

25. Wraxall, !!2 Abridgement £!. Indian Affai~.~" 49.

realization of these requflsts needed a more foroetul rr,anage :meat than existed and a more comrr.anding necesslty than. the pleas of indIvidual ohiefs.

Suoh realization began to formulate with t~e acoession

of V~111ia:rn Burnet to the governorship of New York. r;eeply understanding of the oorrupted state of affairs, Burnet set about oleaning the Indian department. In 1720, when he ap pointed Robert Livingston's son, Phillip, deputy seoretary for Indian affairs, he appended orders to out off the pay of Indian representatives that were engaged in trade among the nat10ns. 26 Beyond this there was little he could accon!plish,

26. Ibid., 132. Contrary to the expeotations ot' his o.bll1tl Livingston oaused more harm than good among the Iroquoi8 in land deals that grossly cheated the India.n. See Alexander F'11ok, History 2!. 12! State .2!. !!.!. ~ {New York, 123),224; also Arthur Pound, Johnson!?!. ~ tr'ohawk8, 353.

UTlless it were possible to l'l'ove the oenter of fu.r exohange from the traditional point at Albany to a more interior locale. In acoordance with such desire, as much as for the sub sequent :military advantage gained, he caused to be built, in 27

1722, a fOl"t at; r..awego. ']Y'"11$ was accomplls::ed in deflanoe of tr.~f) l"rench and the pleadl::tg ()f the Seneca. Besides belng a spearh.ead in the ~ew "lor:.!: Colonlal adVs.ncA, :; t a13() l~arked t'le first time that ti:.e Hrlt1.s'h flag \'Ilaved in t~~e Great Lakes region, on the sl10res of Lake {.'ntario. 27

2'7. V~. E. Griffis, 81.1' \t 1J.liam Johnson, 19; alco Cadwallader Colden, History of !h! Five Nations, II, 57, 58. It is from Colden that VIe learn thf.l.t a great share of the cost and risk of the bullding of Fort Oswego was carried by Burn~}t hhr.self. W1thin a short ~hilo ever 300 }fLen were employed at Oswego in the trading affairs, while over 100 went out to treet the tar nat1ons.

The bul1f'ing of the small tort had JlOre repercuss iona than Burnet rrtght have lleen led to expeot. It threw the wh,te tra~ing and collection point deeper into In~lan terri tory nnd tr.ade tr.o EngllsJ"l.:man more effect! vely a oompnti tor of tho Iroquois in tJ-le trade with the far nat:tons.28 Al"'.other

28. Gadwallader Colden, H1story 2! the f.1.!! Nations, I .. 105. grave feature was that the white trader, .1ealous of the con nections of h1s cOlllpetl tors, often spread malicious rumors

RtrOng the Indians.. This latter factor inteneltled Indian disorders and plaoed the incompetent cor.udssloners at Albany under a siege of even ~ore gross Ineptness.29

29. The Colden Papers, 276. 28

We had oooasion in the earlier pages to dwell upon the importance '1f the Iroquois in their relations with other tribes. About the period now in question the Confederacy went on a sustained rampage against t''le Susquehannas, the Catawbas, the Delawares, and other .fa.r nations. Two reasons may be given for t1-tis. First, the Tusoarora natlon on the outskirts of Virginia, were engaged in a fieroe conte~tlon w1th the Gatawba. Because of the unrest this oaused along the V1rglnla frontier Governor Spotswood enlisted the aid of

1000 Catawba wh:toh, cODlbined with h1s militia, deoimated the warring tribe. The Tusoarora moved north to the New 'fork terri. tory and enlisted the aid of the powerful Iroquois, who aooepted the badly beaten southern tribe into their oon federaoy.30 With t'1is alliance acoorrp11shed the Iroquois

30. F. B. Kegley, ~. cit., 17. moved south to battle the Catawba. Another cited reason tor the uprisings was the insti gation of the French ~ho tried to divide the a111es. Such rnaraudings took the Iroquois deep into the backcountry of the aarolinas, Virginia, 11aryland and the fringes of Penn sylvania.31 If the English, including New York, were to

31. Herbert L. Osgood, !h! American Colonies ~ !h! Eigh teenth Century, I, 483. band against the allies, the al11anoe would be broken. If 29 the colonies indIvIdually set out against the Confederacy New York would be on the politioa1 fence of selecting between two allies.

One of V-a prime ,oints ().r t!1e disgruntled 0010n1(1.ls was that the Iroquois were supposedly pledged friends of the English and, as they too were English colonies, t'he League was in turn pleclged to them. The (:010n1 es a..tf~cted hj the pillaging of. t'i9 Iroquois attempted to call confere':.ces with them but the Iroquois, probably th.rough the urgi-:'lg o.f New York representatIves, declined to meet the co10n1als at any ot}ler points than Onondaga or Albany.32 These, they stated,

32. Herbert L. Osgoon, "J1he Al'!!erican Colon1es in thl!) El,2;ht eenth Centurl, 484. were the only plaoes there conferenoe fires burned. At first Governor Spotswood of Virginia temporized and sent a representative, Capt. Christopher Smith, to Onondaga to discuss settlement with them. When Smith concluded his mission he again asked that the Confederate sachems meet the Virginia governor on his own 80il and again received a retusal.33 In 1722, Spotswood relented to the neoessity of

33 • .!ill. meeting the now Six Nations and, with Governor Kleth of 30

Pennsylvania, traveled to Albany~34 '1'he outstanding feature

34. 'This was not the first instance of colonial representa tives traveling to Albany to treat with the Iroquois. In 1679, the Governor of Virginia, Lord Howard of :Ef+fing ham, traveled there to discuss the southern activities of the Oneida and the Onondagas. In September, 1689, Col. John Pinchon, N.ajor John Savage, and Captain Johna than Bull, agents for the colonies of }>:,assaohusetts Bay, New Plymouth, and. Connecticut l' arrl ved at Albany to talk in friendship to the Five Nations. See Colden, Hlstory ot J?h! ~ .tia.tlons, I, 33 and 119. as for the mission of Spotswood and Rieth to Albany, it is inter esting to note that the two governors employed the famous Conrad Weiser. '-then the iiirginia delegation heard the Six Nations pledge for peace with the Catawbas they left the oouncil place. Upon l'eturning to Virt:!;inia. they learned that a party of Iroquois who had departed from Six Nation oountry previous to ~eiser'8 message of peace had attacked and done great da.ll1ai~e to a group of Catawbas. When that tribe was noti.fled of the peace of the Iroquois they set it aside until they should bave vengeanoe. Consequently they set upon and killed a group of Six Nation emissaries coming to inform them of the new brotherhood. 'vthen the news of this Itt tter fact was relayed to the Iroquois they stated flatly, "We are engaged In a war with the Catawba until the end of the world." This factor even more tended the southern and central colonies to depend upon the control of the Six Nations from the Albany and Onondaga fires. See Paul A. Wallace, Conrad Weiser (Philadelphia, 1945), 95. of this n!ovement on the part of two governors to such a dis tant point from their seat of governance is the depIction of the growing supreme posltion that Albany held 1n oolonial- Indian negotiations; a fact not overlooked by the caller of the great Albany Convention SODle thirty .:rears later. Here, then, we see the outlines of oonso11dation. Neces- sity was slowly bringing about what a century of oonfused attitudes could never have accomplished. With the acceptance 31

of Albany itS the IntHan treatln6' point 1 t but re:n:ained for some central voice to be raised in expressIon of PH; colonial joint interest. In the second quarter of the eighteenth centUI'Y there was introduced to the frontier soene a Scotch-Irishman who, by natural tendency, strength of character and business acu- nlen, gained a gx'owing influence 8.111ong the =::.c'oquois nu tiona.

VallianI Johnson began 111s lifelong aasocia tion wi th tho von- federation as ti triluer In the Ne ... York backcounLry. At first he was aC00mpanied by an lnterpreter who introduced him to Indian customs, language. and business methods. 30an, the later buronet became independent of all aid on the part of white assistants. Basing ::t1s system on a derna.::Hli:lg 0redo of fair play and. honesty in trade activities, he S(h.m su:r'- passed a.ll other w1:1l te traders in diploma tIe impor tance among the Indlans.35

35. Augustus C. Buell, ~ William Johnson (New York, 1903), 17.

This asoendenoy was reoognized by the then Governor

Clinton w~o endeavored to sorap the commissioner system. In

1746, he named Johnson con"lr.issioner to treat with the Six Nations and gave him a Colonel's rank for the authority and stipend needed to oarry out the operations involved in hi. ~~2

flss:'cmr:r~t. 36 FreT:' th~ )'";orer:t ('}' ldA orro1ntrnert .Tohr;~:oT'

_ .. ~ _____,_, __ ._.__ ••• __• ___.... _0 ___ ' ____

::;t ••Taren ~;llJl1vf',n (ed.), l?1.!:I/;JJJ1~m Johnf!o!} ?t!Ee~ (Alhany, 1921), I, 166 (hereafter cited as .§.!..!: hil1iam Johnson Ps.pera;'; Augustus Buell ~n hls Slr V'~.J llam ~?hnt'lOn, 26, says in part that in 1?43 Col. Peter Schuyler resigned fror' the bOE:lrd of Ind1 an OOl"'rd.Bsioners nnd Clinton then invited Johnson to the vacancy_ He says further that' the hoard consisted of f1,ve n;embera, one of whom yr.Hst by law be a minister. Arthur Pound in his Johnson of the l;,ohp.,!'I~, Hf.. cont ests thIs c1 ttl tion by::; tn tine tFn't ..Tohn son does not appear on the civil llsts until 1?46, when he Is l:'s-l:ed as eor.Jr:lssal~Y for IndiHn nffail's. Pound also insists that with the appointment or Johnson the boarc Was done e.:V'!~:y "'iith, l"n.th(;·r thRP, fll3 1')';e11 s+-utes, Johnson gaining oontrolling influence on the board by ent;lneerir:g the election of two I~]erey frte-rcs to the board. was Indefatiguable in his efforts to better the Indian's lot. He directed much of his energies to enforcing laws regarding the supply of rum to Indians, protecting their land rights, and effecting justice to them in legal matters.37

37. Randolph C. Downes, Council J:i'ires £!l the Upper 2.h12 Pittsburg, 1940), 105.

V"'!t!i Johnson's !:ts8nrnptton of 1:,h1.s off"c.iql posit1(m a

V:ird po1~t of contact WQS established with ~le Indian tr1,bea.

Prev lously ~\lb3.ny and Onon1&38. were tlte meet1.ni.~ nlaoes, but w 1 th Johnson Og,fn6 a new and more effect! va haunt .. Monnt John- son. Here, one could find IncHans at any time of t"'le week or year corne to talk official business or just visit with their beloved "Warraghiyagey. t. The diplomatic Johnson would ~3

ofta;} dres::I tn tho r.a~n.er (')f t.'hp, V" ,''11 +; in!!, M1Vae(l 8.)",r1 (\1::10

"':00'<-: part 1,:, t1'v~ war d.an~e~ t'~.at t~1,f:.'Y '1,,1(1 on ~1tS p:r'operty.

~lot only (~1 c Johnf:!on t"J{e '1P the Tn.clinT) (P'~tI)J'I1R r)1i,t he A,lao

Y'9.1~ed '!011y B:1:"an"::, s~[!te!' of the Jnterf1'!J!"OH:'!! "rha;rAn~.Hn.()gea

(or Joeeph :Jrant) t.o th.~ '03~.t~."':"" of' :ml~tl"'~H'I~ of' htt" hou8e hold.38 ~e rre~~nc.e of lf1istrel3~ Mo)l::- ""e,,": far to 1l"til.1m th,e

38. For the best account ,.,r ri'o11;;r J3ra'1t 1~. t,!"\6 Jor.J1son house h.old see Aagustus C. Huell, ~ v.~11l1am Johnson, 54-60. -----_.. _.. _--_ ...... _.. _--_ ...... _-_._------

Indians feel at home at M:::mnt Johnson. Johnson's greatest oapacity in his first appointment was that of ranovator of a deoayed policy. He went far toward bringing about ;Ju1 table tra.der-Indian lei~islation. :~is greatest donation to the Eng11sh oause at this junoture of hi. career was in counteracting the growing prestige of the Frenoh. He successfully engendered pro-English feeling among the near alienated Seneca, who in turn moved the rest of the faltering Iroquois baok to l~ngl18h dom1na tlon. 39 This faotor greatly

39. !h! Colden Papers, IV, 272. helped make viotory for t'16 English in the war of 1744-48 pOBslble.

The Dutoh co~i881oner8, meanwhile, who had been re plaoed by Johnson, notioed a distl~bing drop in their prestige and income when they no longer controlled Indian affairs and 34 its purse-strings. They constantly attacked the new English commissioner. The importance of this heated animos1ty was most greatly felt at the end of the 1744-48 hostilities. Johnson's financial outlays to treat with the Indians were cut off and he was forced with the cessation of many of his activitles.40

40. The Colden PaEers, IV, 273.

The realization that the colony would no longer foot the b1lls accrued from the conduct of Indian affairs did not come until he had expended a great deal of his own fortune in carrying out his official dutIes.41 Such a possibility is

41. Johnson placed the sum of 7177 Pounds; The Sir William Johnson PaEers, I, 342. --- understandable when one realizes the oommunication system of the time. He had forwarded payments through his own funds on the supposition that the assembly would repay hi~. The l1armful and ne~ative attitude of the assembly made him real ize the hopelessness of his task and he officIally ceased his capacity as Corrmissioner for Indian AffaIrs.42

42. Colden states t~at Johnson's uncle, SIr Warren Johnson, had advised him to quit his duties as Commissioner and that this factor, coupled with the attitude of the assembly, brought it about. See the Colden Papers, V, 126. Johnson oeased his authority in typical fashIon. 35

He notified the several tribes by sending around a belt of wampum with the message that he no longer had charge of their affairs. T~is unpreoedented activity by the astute Indian manager caused much consternation among the assemblymen and much animosity among the Indians toward those who had been responsible for his demise. !h! Colden Papers, V, 273.

Johnson was not the only highly influential person to treat with the northern Indians in this period. There were others of the calibre in Conrad Weiser, George Croghan, C}lristopher Gist, Thomas Walker or Peter Schuyler. Like most of those that were sucoessful among the Indians, the greater majority of these came from poor baokgrounds, learned their Indian oraft from living among and trading ~ith, 43 the natives. George Groghan was an illiterate frontiersman,

43. Charles A. Hanna, !h!. Wilderness Trail, II, 4, 10, 30. yet he rose to the heights of being considered one of the most sucoessful and well-to-d.o traders that invaded the w1lds. 44 Andrew ~ontour was a half-breed Schooled 1n the white man's ------_.- 44...... Ibid., I and 2 • fashion who had returned to the woods as a trader and kept 45 up his conneotions with civilization. Montour, Weiser ~nd

45. Weiser was probably, next to Johnson, the greatest of the white attaches 1n the Iroquonian affairs. Act1ng chiefly for Pennsylvania, he occasionally represented New York to 36

important conferences of the -Iroquois. C. Z. Weiser, in his Conrad Weiser (Reading, Pa., 1876), 79, states that the Indian interpreter was superintendent of the Indian Departm.ent of Pennsylvania. Although this could very probably be true, from his importance in Pennsylvania Indian affairs, the present writer has found him called thus in no other place.

Croghan were three of the most able and trusted interpr'eters among the Iroquois to the middle of the eighteenth century.

')f all of these men only Peter Schuyler was an influential aristocrat of Albany_ The story of relations in the southern colon1es to this period follow much the same pattern with the control in that area being grounded in North, then South, Carolina.46 In

46. Herbert L. Osgood, The American Colonies in !h! Eighteenth Century, I, 492. the period around 1716, the Indian trade was invested in the assembly and publio funds were used for its better interests. However, waste and graft here also ensued and this system of control was discontinued. In 1721, a bOard of three commissioners, with William Bull at its head, was created and empowered to visit tile outlying forts twice a year ani! to hold courts at tl1ese meetings, to hear Indian cowplaints and award da~ages.47 This commission system also was abolished

47. lE.!£., 493. 37 and, in 1723, John :Moore was named sole comwlssioner with a secretary to aid him. This method remained in force by statute until 1731 and a single oon~issioner, instead of a board, was adhered to after that tlme.48

48. Herbert L. Osgood, !h! American Colonies 1n !h! Eight eenth Century, I, 493.

But conferenoes in the south never reached the importance which they acquired in the north at Albany. Neither did any individual gain an ascendenoe among the natives as in the north. Although Louisiana had been founded and there seemed to be an effort on the part of the ft'renoh to ereot some sort of fortified system to join the two French interests through the Mississippi Valley,49 the Frenoh were neverthe-

49 • .!.!?!2.. ------.------.....------less more remote and weak than in the north. Until late in the oolonlal period oorrpetltion also was less keen and oon sequently the systew for maintaining relations was less ad vanoed. Suoh relations were kept up through traders, or explorers, or missionaries, rather than through full-time and qualified agents. The study of Indian affalrs in the South has long been 9. secluded one and records of t'he northern variety are not to be found. In effect of these olro~stanoes 38 the growth of IndJ.an rala tion systems in the north not only outweighed the south in point of experience but also in point of contln~ntal importanoe. CHAPTER III

THE BALANCE OF POWER

T"le pence :;,f Aix-la-Chapel1e was to all appearances a breathing spell. Along the whole of the settlement fringe t'1ere was the breath it' not the sight of war. 'j'''1e wily Frenoh utilized every means available to them to assure the lndlan t)Ult 'Ie was but an Eng11sh pawn that was to be dis carded when not n.eeded any more. All the Ind ian had to do tor reassurance was to look at the state of ex1sting affa1rs for his answer. When Johnson left the council fires at Onondaga and the Indian affairs were resllmed by the aeseJ"!bly of New Yorlc, the sarne old conditions cropped out that had been present before. There was nothing to find but abuse, selfishness and broken promises. Gradually the Indian came to believe these forest master-minds who knew almost too well the secrets of Indian psychology. The English quiokly fell into their old habits of oolonial jealousies and private interest. Agents from vari ous oolonies sent to treat w1th the redman acted on their judgements of the better goon for those whom they represented. Conf11ct and disorder grew. When Indian uprisings began to be felt along the Pennsylvan1a borders she appealed to New

39 40

YOI'k for ald. She received the reply trlat New York had taken care of' her Indians. now i'ennsylvania would have to do the same. l All of these details greatly aided the }'renoh who

1. John 'Tebbel (ed.) J 1118 Battle for North America (f)-a.rden City, 1948), 476. ------

operated under the effioient s]steE"! of one authority. The disagreements among the 0010n1es on matters of western land a.nd Indian trade prevented any unlform or oonsistent polioy. But everyone in the English camp was not sleeping. Among these was the versatile sage of the New York seene, Cadwallader Colden. Realizing the ultimate damage that was to be reaped from such vaci11at10n and incompetenoe, he wrote to Lord Halifax early in 1751 and minutely covered the political and economic situation. Unlike most observers, however, he went a step farther than merely reporting. He submitted a br1ef outline of direct actlons which he felt would allev1ate the trying condltions.2

2. !h! Colden Papers, IV, 281, 282.

An,ong the many things he advised were: release of all duties and imports for goods used in the Indian trade; more effect1ve legal aid to the Indian; missionaries to be placed at effectIve places; and a fort system to oounteraot the 4:

crowing r'rcr'ch 1l,111 tBry AstRbJ l.f1hl"Emta. But, )""'(;5 t. 1"d C;hly

8ignlf:'.cnnt for us, hA :.~tl::1te(1:

• • •• I an; of the optnlon that they (the :rr;,d~.ans) <'en r:nJy bEl v:eD. tnanagec. by one singJe person of sufficient ability as Superintendent of Indian Affairs, who shall not be al10wec to trade in any shape, d1rectly or indirectly •• ':''hnt thls lIIuperlntendent be Anabled to send smiths to reside among the Ind1ans, men of t;}.('j bef~ t probl ty and sense the. t can be found for that purpose. And to send other ll'leSsengers, Indian and Christian, to the d1Atant nations upon any emergen.oy 8.S the oocs,slon may requlre • • • • 'I'he AU.perintendent ought tC'l correspond c'onstantly with the Board of Trade and with all the r;o1!ernors on tlje continent of North Arerlca. • • '.3

3. The Colden Papers, IV. 281, 282; it is interesting to note that Colden felt 8.S early as 1749 that one person should be plaoed In oharge of Indian Affairs but at that time he wal!! oonoerned merely with the Six Nation.s and Q superintendent who would be responsible to the Governor of New York, though he would also correspond with the other governors. See!h! Colden Papers, IV, 127.

Colden's acute observations and progressive advioes did not reoeive imn·edtate reoognition from the orown. But to Colden's voice was added those of others. Johnson, though no longer off1cially connected •.'1 th Indian affairs since his voluntary resignat10n, was also keeping himself informed on the progress of frontler relations. The extAnt program of expediency was attacked by him

8.S well as those in oharge of present affairs. In 1753, in 42 a letter to Richard Shuckburgh,4 .he flatly stated tlilat suoh

4. ~ '~llliam Johnson Papers, I, 389. things as the Frenoh enoroachment on English territory could never be suocessfully combatted by Ii policy of momen tary advantages. He felt strongly that the crown's business ought not be left to the disoretion of one colony or a~her but that the orown should appoint agents or residents in the various provinces that would be aotivated in the King's Interest.5

5. :::e ends his letter with t1:le sorr,E)wh'1t point,eel stateT1ent that the reoent experiment in centralized affairs at Albany ff did' mighty well . • • • n

In a letter to Governor William Shirley of New York in

1754, 1te struck out n0ni~3t t"lo :rd.smA.n9.Gen~nt of present

In~la.n affairs in hts o"{,'n ate. te reasoning that. t,'l'lft existing flu.ctuatlons of the Indtnnfl hetween tho Prench and En~lish

"I'?ere due solely to tl;o oonte:mpt of t'h,o Irl(~ tan toward those tn charge ~f them. 6 !{e wryly observed alDo V'lid. the French ------_.------6. The William ~ohnpor PnperF, I, 430. ------.----.------never used persons rrost l~tere~ted in hlqlnr or selling but 43

t~at in offioial counoils almost always were represented, not by traders or ocoasional wanderers, but by offioers of rank that appeal to the pride of the warriors assembled. Such oriticisms could not but have their effeot. People became awakened to the realization that the growing Indian hostilities, the gradual usurpation of English territory and inoreased fortifioation by the French, the disaffection of

~any of the Iroquois and other usually friendly nations, would have to be sufficiently considered. It was to remedy these condItions that th.e Lords of Trade and Plants.. tions directed the several governors to have their assemblies send various cOIl1Inlssloners to make a joint treaty wi th the waver-

lng tribes. In such a fashion was brought a.'hOi~_t t'1e ::10W famous " ..Ubany Congress of 1'754."

Seven of' th~ provinces, New York, Pennsylv9.nla, Naryland

a.nd the four New 1<~ng18nd colonies, heeded t~1.$ oaJ1. to unity

fm(l coJ1octed at Alban:r on tlje 20th of July.' "A bocy of

'7. A. G. Brl1<11ey, The F'tf'"\ht wi th Y"rance f:":lr ~!ort1-: A:rv'::T'iea. (London, 1900), '76. _. -- ~-

men who for character and ability had never had an equal on the continent. uS Besides the seven governors and their

8. John Tebbel, The Hat.tle ~ North America, 503.

------.-.-.--,---,,---,-.--.---.-----~- _._---

retinues, there were also thirty ohiet's of high rank 44 acoompanied by espeoially distinguished warriors of their tribes and the Indian superintendents of Virginia, Massaohu setts, PAnnsylvanla and New York.9 If there was to be some-

9. Augustus Buell, lli William Johnson, 62. thing accomplished trl.ls gathering could accoI"'plish it. li1ranklin presented hls now famous plan of union. Treaties and agreements were carried out with the assembled Indian nations. Thora WRS oonfederatlon in t.he all' and agreement.

It mteht ~8.s11y be conjectured that at Albany was born the mo:re i1lustrious Cont.inental Con[!ress. Al though .F'ranltl in's plan of Union l'1et with defeat,10 th.e germ of association had

10. It. was refused by the crown beoause it gave too muoh power to the colonles, and by the colonies becl:\us~ it laid too muoh stress upon the power of the crown.

been sown. Before t'1e Albany Plan reached the Lords of Trade, how ever, they had drawn up their own "Plan of General Conoert."

'f'11tS provided, in part, Wl'Uit Colden had only .four years pre viously seen neoessary, th&t tithe sole d1.rection of Indian Affairs be placed in the hands ot son. one sinRle person.nll

.----~--~------.------~ 11. Hayes(. Baker-Grothers, Y-=~.r.t:;..lnia Hnd tr~. r"F_eE2.h !l!ld Ind!ap !!.!!: Chlc8.t'!;o, 1928), [,1. 45

'Ilwo months after this plan had been aooepted in London the Board, on October 29, recommended that William Johnson be appointed Colonel of tho Six Nations and that all imperial presents for these tribes be distributed through him.12

12. Albert 11. Vol weller, geor56 Croghan !.£1 ..!l!!:. Westward Movell1en'i?" 11'7.

In the early Apring of 1'755 !c'ajor-GenflralEdward Brad- donk arT-'vad. 1.n Arr'erlc~ t.o cO'r'1Y"lIl),nd the EYlgl1sh mllfta.T'Y in a war· already, t'-1ouiSh not off'.cially, begun. One of his first acttons upon arriving was to call an asseIlibl;T of key wen to Alexandria, Virginia, Where he laid '"lis plRns for the forthcoming campaign before them. l3 At this moeting he gave

13. stanley Pargelli. (ad.), ~i~itary !ff~ in ~or~p Ameri ca (New York, 193C), 81.

Johnson H coU'n1na~.on as 3uperlntoudont of tho Afro, iT'S of the f,~;: ITati()r:s, the~,l' a.111cf l;lrc <1.operdcnts J tH.d fa ,fund :1f 2000 po~m0s for presents to be dlstributed to t~8m. Included in h" S &'1.ppo1.ntlJicnt YfC.S tLe htl thor! ty to en.plvy a. aecretal"Y and one or l!iOrO interpretel's "with such res.flonable allowance for t'hen: as you shall j1:.d se licces }jury. "14

14. 'l'he ~\11J1urj JohnsQ!; r~re!'s .. 1,4(,5. ,johnso!' et fi.rst refused the offered st:q.H~rintendency because certain promises ~ade to t~& Six fn110ns in 174C tad rot been kept and he was loath to carry out any deceit among his 46

Iroquois. See Winthrop Sargent (ed.), Tn! HIstory of an Expedition Against Fort DuQuense under Major General Braddock {Ph!ladeiphla:-I855}, 308.

Immediately following his appointment as superintendent , of the Six Nations Johnson wrote Peter Wraxall asking him to take the newly created position of Secretary of Indian Af fairs.15 Such an appointment by Johnson at that time meant

15. The Sir William Johnson PaRers, I, 467; the value of this appointment can be readily seen in wraxall's Abridgement of New York Indian Records, Supra. 5, which he compiled Whire-in Johnson's employ. activity in the military as well as the diplomatic field and Wraxall in a short tiwe held the positions of aide de camp, military secretary and judge-advocate to the provincial and Indian troops in the employ of Johnson.1S

16. Wraxall claimed he was never paid for any of these duties but that his reasons for maintaining the employment were his "emulation to serve the public and my private friend .. ship for General Johnson." See Pargellis, ):ili tarl M.. fairs 1£ _N_or~th_ America, 137.

Included in the strategy of Braddock was a four point thrust at the F'rench, one of whioh was to be placed under the command of Johnson. In order to facilitate and strengthen his military activities he was simultaneously na:n:ed l/{ajor General by the governors of Massachusetts and New York. l ?

17. !h! §!£ ~111iam Johnson PaRers, I, 468. 47

The objeotive he was assigned to.take was that of Crown Point, previously being ably defended and garrisoned by the foreign militarist Baron Dieskau. Rallying his Indian foroes, ohiefly made up of loyal

Mohawks, and gathering til foroe of nearly 5000 men" Johnson headed for Crown Point. When olose to his objeot1ve, however, he found that point strongly reinforoed and deoided upon falling baok to Lake George and setting up a temporary bivouao. When h1s Indian soouts oame in w1th reports of great columns advancing upon his pOSition with the greatest force made up of Frenoh allied Indians, he decided to barri- cade the encampment and set up a breastwork of oannon. The latter aotivity was in great stead brought abol1t by Johnson's knowledge of Indian fears of oannonade8. Johnson's antioipations were repaid for the Frenoh Indians, upon s1ghting the breastwork, fled in disorder, leav ing Baron Dieskau with a handful of French infantry regular8. Had the Frenoh foroe remained intaot it is very probable that it could have captured Johnson's entire oomplement. Instead, Johnson sustained disoipline among his men and won the heralded battle of Lake George.18

18. T. Wood Clarke, !h! Bloody Mohawk (New York, 1940), 150; for an interesting, if slightly romantio, aooount of the battle of Lake George see A. G. Bradley, 1h! F1ght !!!h F'rance !.2!: North Amerioa, 114-120.

This inoident 1s sighted for two reasons; it re-estab- 48 llshed faith in the English power among the wavering Iroquois; and it brought about even greater recognition of Johnson by t~e crown. The latter fact led to his being named baronet, with a personal reward of 5000 pounds.19 At the time of his

19. T. ~ood Clarke, The Bloody Mohawk, 151. being elevated to the baronetcy the crown also decided upon a program to which it had so often been prodded. It took the administration of Indian affairs out of the hands of the local provinces and divided the hnglish section of the con tinent into two superintendencies; that of a northern and southern distriet.20

20. Volweiler, George Croghan and !h! Westward ~ovement, 117.

The now Sir William Johnson was named sole superintendent of the northern Indians of A~erlca while Edmund Atkins was simultaneously appointed to the same position over the southern tribes. They both were to reoeive an annual salary of 600 pounds sterling, ,which was to be acoounted for along with military funds submitted by the Commanding General, and they were placed in subordination to that worthy for duties and orders.21

21. Arthur Pound, Johnson 2! 1h! Mohawks, 231. 49

The problems confronting the- two new supervisors were many and complex. Atkins found that many traders and entre preneurs among the southern tribes were slow to reoognize his new authority and he constantly ran amuok of persons who flagrantly disregarded his orders in dealing with the Indians. To oounteract this d.lsregard in the southern seotor Governor Dinwoodie, of Virginia, issued a proolamation recognizing Atkin's new position and publicly forbad any persons to deal in any manner with the several tribes without the express permission and authority from the new superintendent.22

22. Charles Fl. Hoban (ed.), !h! ~ennsYlvanla Arohives (Phila delphia, 1935), III, 155.

Atkins troubles were not wholly those that developed from non-reoognition by the various traders. He was nearly always short of funds frore whioh to operate and, after several requests sent to the crown, he had to be satisfied with what ever local assemblies would grant him for oarrying out hIs manifold dutIes.23 Such aid helped in breaking down the

23. V01weiler, george Croghan ~ !h!. Westward Movement, 120.

independenoe of his position and the superintendenoy in the southern seotor oame more and more under the provinoia1 dominanoe whioh it originally had sought to avoid. Johnson's offioial duties oombined the aotivities of 50 former colonial oommissioners an4 those of an agent responsi ble direotly to the crown. When first appointed there was a series of disputes between Johnson and Ni.8.jor General William Shirley. Shirley persisted in the attItude that Johnson was subservient to him and consequently he could engage in what· ever matters he desired without taking any position of John- son into consideration. Because of this he engaged 'Inlrious agents to act in his behalf among the Iroquois and went so far as to spread rumors among the Indians that, according to some authors, were intended to ruin Johnson's reputation among theJ!1. 24

24. Stanley Pargell!s, Military Affairs in North America, 153; !h! ~ William Johnson Papers, I, 615, a05, aoa; George A. Wood, Wiliiam Shirley (New York, 1920), 3?1.

Johnson held the position that he had been placed in the authority over the Six Nations and that he was to be responsl- ble to no person but the oommanding general. Shirley oon tinued in his undermining activities and Johnson resigned his major general's oommission to apply himself wholly to Indian affairs. Meanwhile, the Board of Trade had been informed of Shirley's attitudes and named Johnson sole oommissioner over the northern Indians with responsibIlity direotly to the orown.25 Separated from the colonial rivalries and dependenoy

25. Arthur Pound, Johnson of the Mohawks, 231. 51

upon the good will of the variou~ provinoial assemblies, he was able to envision an entirely new syete:rn whioh these steps toward inoreased oentralization afforded.

In one of his first aotivities one sees the later f8.0- tor system. Re strongly had reoommended to the Board that wHrehouses for the sale of commodities should be established near the forts. Men who could speak the Indian tongue were to be put in charge of these trading stations and were to act as resident agents and interpreters accountable to the Buperintendent.26

26. E. B. O'Callaghan (ed.), Doourrents Relative to the Colon- i!.! History of li!!. York, VI, 963. - -

Such a plan of having men permanently and solely em

ployed by the crown in these lesser capacities was the fOlln dation of the later Indian agency system. Neoess1ties of the moment foroed Johnson to the realization that he could not hope to oarry on the manifold duties required of him over suoh an expansive territory without assistants. One area in partieular appeared to be in an almost eonstant state of eruption, that whioh later was to grace trle historic Fort Pi tt. In this fl'ontler segment the bitter fruits of con sistent bungling and a slip-shod polloy27 on the part of the

27. Randolph C. Downes, Council Fires ~ the Upper Qhi2, 58-59. 52

Pennsylvania assembly were being tasted. Her attitude of irritation in Indian relations and her policy of such prao tices as scalp premlUIDa 28 was waking tribal conoiliation

28. On Its surface t~e Pennsylvania act cited was not en tirely a scalping lioense. It provided for a 150 premium on all Indian ma.le prisoners, 130 pounds tor all female Indian prisoners. But it also provided that 130 pounds would be paid for all male soalps and 60 pOund8 for all female soalps. When one considers that when the white took a prisoner 116 had to feed him, house him and transport him to a fort before he could seoure his bounty he easily perceives what might have been the cow~on custom. See Samuel Hazard (ed.), Minutes of the Provinoial Counoil of Pennsylvania (PhiladelPhia, l852), VII, 78. -- almost impossible. To find a person oapable of handling the imrrense diffi ... culties inherent in such a seotion was peculiarly not a diffi cult job for the new Indian executive. There was a willing, experienced and trustworthy baokwoodsman readily available. This trader, explorer, interpreter and diplomat was George Croghan. Like Johnson, Croghan had learned the Indian ways and tongue by being among them as a fur trader. At this time, the spring of 1756, he was considered one of the most suooess ful and wealthy of them all.29

29. Hayes Balter-Crothers, Virginia !!!.£ 1!'.!..! French !:.!:!.£ Ind1an War, 3.

V~hen Johnson decided upon an assistant in his super- intendency his natural seleotion was Croghan who was elevated 53

to the position of Loputy Superl~tendent of the northern district.30 From these two men the network of lnte::rpreters,

30. !'..h! Sit William Johnson PaEors, II, 562, '762.

F'rom these two men t'le network of interpreters, reslC!ent agents, gunsrrtlths, braziers, missionaries €P10 me~~engere spread. A goon example of the 3rowth tn t'\J!o sl:lort yep..rs of this centralization policy is Crogan's oW'n roster of asslst- ants. His staff' in the year 1758 included two a.ssistant agents at Fort Pitt, one at Detroit, and one at ~lchl1li- mackinac. There were also employed by him a corre8~ondlng number of interpreters at each post plus one at Port Miami. There were at least one, and sometimes two, blacksmiths, several clerks, and eventually surgeons at theae points &lso.3l

31. VOlwei1er, George Croghan !ill! .!.b.!!.Westward Kovement, 143; one of these Croghan assistants later beearne famous as the ohief British surveyor and geographer in Arnerioa Thomas Hutehins. Of. "The Hutohins' 11ap of ,,riohigan4 by W. L. Jenks in Miohigan Historz Nagazine (Lansing, 1926), X, 338.

The impression shouldntt be received, h.owever, that now everything was settled and agreeable. Besides the ever- expeoted f1areups among the temperrrental warriors there was also occasional ~ispute8 among the agents of the crown. One important case of t~,l! was carried on between l~omund Atkins, 54 the southern superintendent, an.d .Croghan. When the Cherokee and Catawba moved northerly into Virginia and Pennsylvania, great numbers of them were employed by Croghan as scouts beyond the French lines.32 The use of them as such tended

32. Volweiler, George Croghan a.!!£. .!:.h!. VH!lstward f.lovement, 143.

to alienate the friendships of th.e Iroquois, Delaware and Shawnee who had been their implacable foe since the days of Spotswood and the peace-party assaslnattons. It also brought up the question as to whether jurisdiction on affairs of the various Indian tribes were founded on their geographical location or upon personal relations between the various tribes. After much bickering between the two agents it was finally decided that the jurisdiction should be established by a com ... bination of geographical and kinship determinants.33 Thus,

33. John Richard Alden, John Stuart and the Southern Colonial Fro.ntier (Ann Arbor,l9"44), '71-'72; Vo1weiler, George Crog- 2!E !n£ !h! Westward Movement, 129 ff.

1f a nation roamed the area south of the Carolinas, they would be under Atkin's supervision; if a questionable tribe was rela t 1. va to a northl;: tribe, they would come un.der John- son's suzerainty.

With the end of hostilities in 1'759, 1n the A~erican segment of the French and Indian War, the gngllsh Indian 55

systerr was taxed to even greater tegrees t'l1an prev~.ou.sly.

Arded to tl-)e ever-present .1ealous1e5 of trIa provincial oom rrls~!oners and assemblies was a ~ore telling quotient.

-The Indians of the previously French terri tory had been well handled by their former allIes and they expected. cer ta!n of their practioes to be recognized by their new over lords. However, due to the great expend.Itures involved in operating such a trerrendous program, the gnglish, through Jeffrey Amherst, deoided upon a system of eoonomy.34 The

34. Randolph C. Downes, Counoil Fires Q!! ~ Upper Ohio, 106.

Indians were not to be attended on the same soale to Which t}ley had become accustomed In the era of gng11sh-F'rench con flict. When condItion called for a huge oonferenoe and. the attendant presents, they were now to be sent away empty handed. If they should be oonsidering harmful n:easures, "they must be punished but not brIbed," Amherst told John son.35

35. lE.!.9..

Suoh a cutbaok upon the Indian wethod was In:~ed1ately felt. Earlier we had oocasion to dwell upon the growing 56

dependence of the Indian upon the white culture. ~ith the transfer in their position frorr one of the balance of power to that of alm.ost total dependence was brought about the Indian stood in great need of his white neighbor for his very livelihood. The greatest trouble was caused among the Indians of the Great Lakes region who had previously been staunch supporters of the French and now had to seek the favor of the English. There were daily entreaties of the outlying forts for euns and powder that would enable them to take up the hunt again, but their requests fell on dead eara.36

36. Randolph C. Downes, Council Fires .2!1 the Upper .2h.!.2, 109.

Several members of the Indian department did what they could to alleviate the wants of the IndIan. Croghan, in 1763, while threatening to resign, had spent his entire salary in this fashion and was able to write Johnson rather laconically: "I can now say that I serve the King for nothing. n37

37. ~., 110; Volweiler, George Croghan !.!!£ ~ V;estward ~flo'!f,:nnen t, 160.

In the SDring of 1761 Alexander Honry, an l';ngl1sh trader amon~ the Indians, f'ounn hosti11ty toward the English every where. ')ne chief told him, "Thoueh you h9.ve conquered the

French you ha'78 not conquered us .• • we will part with 57 our inheritance to none. ft38 The .rumble of disoontent was

38. Ja~es H. Perkins, Annals of ~ ~ (Cincinnati, 1847), 89.

gradually being felt throughout the backcountry. '1~here began to be spread a magio name from tr1be to tribe; Pontiac. This hereditary chief of the Ottowas was a sachem in the loose conrederaoy that existed between his tribe and the Ojibways and Pottowwattomies. Intensely loyal to the French, he believed the circulated rumors39 that they were yet coming

39. Howard Peokham, Pontiao !.!ll! the Indian Uprising, 93; for one of t~e best coverages on the oauses or Pontiao's war oonfer Franoes Parkman, !h! Conspiraol 2! Pontiac (Boston, 1922), I, Centenary Edition. to help the redman sweep the English into the sea. Conse- quently he sent eloquent pleas for joint allianoes to the various tribes and his requests met with immediate approval.

He was soon joined by vanguards of Seneoas, Wyandots, Dela wares, Shawnees, Miamis and Kiokapoos. The Greeks in the southwest also agreed to help and the Pontiac Upris1ng began. 40

------,------.------_.. _------40. 'V't'1111)am C. McLeod, The ~!.can In.!2'-a.n Fr.2!.l!:ler (New York, 1928 , 408. . ------.

'l'he strategy of the Ottowa chief to take the ent1re 58 system of English forts is well known. Such a concerted ef fort as was exhibited, however, led to a reckoning on the part of co10nlals and the Board of Trade alike. The main Indlan dissatisfactions, in addition to their destitute state, were due to the constant encroaohment upon their lands, un- just trading practices that greatly oaused the Indian's im poverishment, and the generally disinterested attitude of the English. The Board of Trade, now saddled with the entire continental Indian population, sought to bring these faotors under control. The inoonsistency ot crown superintendents and provincial commissioners had long been apparent to the board. In 1757, it had. written to Governor Lytte1ton of South Carolina that it believed the only effectual method of conduoting Indian affairs would be to "establish one general system under the sole direction of the crown."4l The conduct of the existing

41. Oliver M. Diokenson, Arnerica~ Colonial Governrnen~ (Cleve land, 1912), 342. war rr.ade that project temporarily impossible but, 1n 1763, it had again ta.ken up the idea of a general plan and in the 8l.ll'rJller ot t}1at year, Johnson, Cadwallader Golden, John Stuart~2

42. John Stuar't was named superintendent of the Southern Distriot in 1762 upon the death of Edmund. Atkins. Of. John h. Alden, ~ E:tuart !!!£. 1h.t Southern Colonial Frontier, 135. 59 and several of the provincial gov,arnors were a.sl{ed to lay 43 thelr opinions before the board.

43. OtGal1aghan, Documents Relative to the Colonial H1.storz of Ne~ ¥~, VII, 534.

Both Johnson and stuart submitted long reports on what they considered would be neoessary inclusions in such a plan. Johnson proposed that the syE!tcrr. be placed under a royal oommissioner's oontrol; that carefully trained interpreters should be employed; and that trading should be carried on under careful supervls1on.44 In addltton to t'l-lese his deputy.

44. Arthur' Pound, Johnson 2I. !b!. Nohawka, 484-485.

George Croghan, while in London on business, presented several of' his views to the Board of 'llrade in person. 45 Among other

45. Sullivan, li'he §lJ: ~,llliam Johnson Papers, IV, 462.

things, dtuart advised t~at the lioensing power, at that time in the control of the governors, should be plaoed in the hands of the Buperintendents. '1'1'11s was advised on his strong be-

lief that t~Le lioensing power was the very basis of trade rogu 1 at"i ons. 46

46. John R. Alden, L:h!l Stuart !.!!£ the Southern Golonial Frontier, 244. 60

One of t'le primary objection,s to such a plan was the cost of keepin6 it in operatIon. To offset this impediment both of the superintendents submitted outlines of cost esti-

ma.tes and proposed methods by which these funds mlght be raised. Stuart estimated that the expense of his department would run to approx1mately 15000pounds, 3000 of which was to be expended in salaries. He proposed that part of this be

colleoted by placing an export tax of 10 per oent on deer- skins an(1 furs exported from his district. Suoh a tax, he estimated, would bring a return of about 8000 pounds, with the home government furnishing the added 7000 pounds needed for operatlons.47

47. John R. Alden, John stuart !.!l2: the Southel:!! 9g1onial Frontier, 245.

Johnson laid a comprehensive tax r'aislng progr8lTl betore the board in which he anticipa.ted 8979 pounds could be raised from a 5 per cent tax on a.ll articles in the Indian trade; 816 odd pounds to be realized from an added 5 per cent on

spiri tous liquors, '-irr,'S, powder and lea.d; and 1166 pou.nds

EroI: an added 5 per cent levy on all If the frontier Inhab1- tants thI'oughout the northern depar'tment who shall saIl any tt48 s1.J.ch gcods. IThe total tax expectation, according to the ------.. ------48. Arthur Pound, ~phn80~ 2f t~e ~ohawk~, 486.

distriot supervisor's flgl~e, would approximate 10963 pounds. 61

'l~e growth o.f Johnson I s departn'~:n1t is reflected in his expected disbursement outline. Added to the superintendent's salary of 600 pounds annuall! were: 300 pounds for each of three deputy assistants; 690 pounds ['or eleven trade cOIlm"ia sarles at various p.osts throughout the district; 980 pounds for thirteen interpreters; 630 pounds for eleven 81'1':1 ths; and

5760 pounds for equ1pments, rent, presents, transportations, ane contingent expenses.49 There would be a healthy income

49. Arthur Pound, Johnson 2! !2! Mohawks, 486. of 10963 pounds 1n revenue to balance the estireated 10850 pounds expenses.

The Board of 'Irade, after working several months over the many proposals, finally subD11tted to the superintendents and several provincial governors for inspection and comrr'ent. 50

50. John R. Alden, !!:9hn Stllart and the §~crn Colonial Frontier, 246.

Due to diffioultios being felt in the colonies the plan was held from being passed for fOUl' years and in tllE:: end was given up. However, it WElS so advanoed In compar:l.son to fore- goIng arrangerr,ents and held 30 much later' enacted thHt it rrerlts extended examination.

In introducing the plan the board stated that it was an 62

outlIne for !lt~e regu.lation of Indian affairs both commercial and poli tical trlroughout all North AlTiorica upon one general sJstem." That It was to place o1"£1c13.1s of the act that were appointed directly responsible to the crown, so as to set aside all local interfering of particular provinces.51 There

51. O'Cal1aghan ed., Documents Relative to ~ Colonial History Q.£. New York. VII, 634. ------,---'------,------were to be two depal·tnlents for t'1e entire cent lnent, each under the control of Q superintendent. The bounf:ary between tbe two 'Was to be the Ohio River, but, as trouble had previously broken out over such a geograph1cal separation, the two superintendents V"ere asked advice on t~tat point.52

52. ~., 635.

.------~--....,-,--- - ... -,---,,---~-.~,-~--"--

All provincial la'l;s for the regulation of Indian affairs would be repealed and the control thenceforth be centered in the crown-appointed superintendents. The powers of these two officials ~ould include such affairs as peace and war, land purchases, treaty making, and all other affairs Wl 11ch entailed general Il'eetings -.d th the Indians. As in Colden' 8 plan of 1751, all governors were to be consulted by the superintendent

1n ~hose department their respective governances existed. -The superintendent was also to be appointed an extra-ordinary rrember of the cOl.ll1cil in each province. These Indian offiCials, 63 however, were to be entirely free of all local control in Indian transactions. 53

53. O'Callaghan (ed.), Documents Relative to the Colonial History 2! ~York, VII, 637.

The superintendents were, under t'1e plan, still to have deputies, two for the southern district and three for the northern. In each of the tribes of the southern district the crown was to appoint a commissary, an interpreter and a smith, all to be under the authority of the superintendent. There were also to be missionaries provided, four for each district, and were to be appointed by the Society for t'he Propagation of the Gospel. These also were to be under the main agent's authority.54

54. lill.

The long irksome Indian trade was to be taken out of the hands of the prOVincial directors' supervisions and placed under the inspection and authorIty of the superintendents. stuart's plan of having the licenses granted by the chief agents, however, was not carried out and the licensing power was vested in the governors of the provinces. Any person was to be allowed to engage in the Indian trade upon paying a license fee of two shillings per year. Such licenses were to be good only in the area granted. To avoid the common 64 practices of exhorbitant prices and Indian cheating the vari ous traders were also to put up a bond.55 The goods to be

55. OtCallaghan (ed.), Documents Relattve to t2! Colonial Histor~ of !!!~, VII, 635. used in their barter with the Indians were to be traded at a value established in advance by the superintendent, the commissary- and the representative of the Indians. In both the northern and southern districts the sale of rum and rifled guns was to be prohibited. In the north trade was to be carried on at the regular posts with no specification for dis posal paints issued for the southern district.56

56. -Ibid.

In order that justice could be properly and quickly ad- ministered, the superintendents and the commissaries at each post were empowered as justices of the peace in both civil and criminal cases, with Indian evidence being just as receivable as that of tl1.e white.57 In civil cases the Indians were to

57 • .!.£M., 638. be allowed to appeal decisions of the corrJ!nissary to the 65 superintendent whose decision was flnal. 58 As in the now far-off days of Rev. John ElIot, the orown was interested in being able to secure some member of t~e various tribes who could legally be recognized as represent- ing his nation. Consequently t~e plan directed that in the southern district the members of each tribal village should select a chIef. The chlefs so chosen were to meet with the commissary and select a chief for the entire tribe. The latter, upon being elected, was to thereafter live with the commissary.59 This action was also advised to the northern

59. O'Callaghan (ed.), Documents R~latlve to the Colonial Htstorz 2.f. ~ York, VII, 633-639. --

~ __ .... _. _____ ._~_ .. _ .. _____ . _ _ ___. __.. ..1. __~_~_ _._~. __ ._~ _____~ department to be followed. so far as practicable. One of the worst abuses in the white westward progress was the practice of cheating the Indians in land deals, or merely moving onto Indian lands without the bother of any kind of an agreement. r~e to this, no private person or corporation was to be allowed to purchase Indian lands, ex- cept lands already within the bounds of a colony. If the latter were the case an individual or corporation could only purchase these lands in the presence of a general meeting presided over by the superintendent and attended by the claimant chiefs. 60 V~hen the orown intended purchaSing lanns

60. I2!£., 640-641. 66

1t, too, would go about the transaotions in the same manner. In all the land purchases surveyors were to measure the lands in the presence of the tribe l , representatives and the maps made therefrom were to be filed in the superintendent's office.61 The latter were also directed to utilIze the best

61. O'Callaghan (ed.h Documents Relative ~ the Colonial History 2! !!! York, VII, 641. praotical means of determining the western boundaries so that land-purch.ase regulations lT11ght be made more effec tl ve. The estimated cost of the proposed new system was approxi- rrated at 20,000 pounds annually. It was proposed Johnson Stuart fashion that this sum be raised by a tax upon the Indian trade and upon fur exports. The final decision as to the method. of taxation was left up to the superintendents in light of which would be the moat feasible and the least agitating arr:ong those taxed.62

62. ~., 641.

It 1s in this plan that we see the tying together of all the preceding trials and errors. Practioally all of the points outlined in the ill-fated proposal at one time or another had passed in review among oolonial affairs from the' beginning of Indian-white relations. The rising controversy 67

in the colonies over the stamp a~t and tts atten~ant ills were suffioient to have it laid aside.63

63. John R. Alden, John Stuart and the Southern Colonial _l".;;..r_o.;;.;n_.tl~.!:, 247. ------,- _._- -~-. ...

In the meanwhile, 'there were attempts wade to quiet the fears of the Indian regarding the westward advance of. the settler. The Proolamation of 1763 was issued and settlewent west of the Allegheny range was prohibited. There were ad- 0itional provisions demanding licenses for traders, the evacu ation of settlers already on lands beyond the colonial borders,

and ra,gulatiorJs making it mandatory that if an Indian tribe desired to sell its land it could do so only to authorized

.:~overnrnen t repre sen ta t 1 va s .54

64. George W. }/:annypenny, Our Indian Ward.~ (eincinna ti, 1880), 40-42.

It is interesting to note that in the south the Cherokee was so far behind in its debts to various traders that it offered to give up certain sections of its land in payment. Although it was illegal for any parties or corporations to privately purchase the lands, John Stuart was able to get a large tract overlooking the valleys of the Broad a.no Little Rivers for the state of Georgia.55 In another instance, when

65. Angle Debo, The Road to Disappearance {Korman, Okla., 1941, 35. 68

the Cherokee offer'ed and actually tried to transfer 5. ts lands to a corporation of traders, Stuart vetoed the transaction.66

66 • J o.nh P • .brown,~ Ol~".'ron p ti era (7i·.• ngspor, t mlenn., l~~~':'1<.10), 125.

The Indian system as devised and enlarged in the criti cal war period was not to have the glorious plan of 1764 but it grew nevertheless until, by 1767, Johnson had a host of interpreters, messengers, smiths and four deputy aseistants. In the southern sector stuart was grappling wlth the increased problem of traders, settlers, and land grabbers who were becoming less and less concerned with what England co~~anded. He too enlarged his staff to attempt to cover the trouble points along a broad, rampaging frontier. The Johnson deputies inoluded Croghan, Guy Johnson, Daniel Claus, and Major Joseph Gorham. 67 Stuart enlployed such assistants as Alexander Career-

67. Claus was appointed in 1760, Guy Johnson in 1762, and Major Gorham in 1767. cr. Vo1weiler, George Croghan ~ !h! Westward Movement, 30; this biographer also states that of all four deputies Croghan was the only one ap pointed on merit alone. Both Claua and Johnson were rela tivea of the superintendent and Gorham owed his appoint ment to political influence of friends back in London. See also Augustus Bell, ~ ~illlam Johnson, 219. on, John N:'ac Donald, Chevalier de Monberaut and Roderick 1'aclntosh.68

68. John P. Brown, Old Frontiers, 122-123; and John R. Alden, -John Stuart --and the Southern Colonial F'rontler, 152. (;9

It was at this juncture tl1at the English govern'r"fmt again entered into a spirit of economy and atteJMpted to shift the condu.ct of Indian affairs back to the colonial govern-

}rents. By thls ruse lt 1s Bu.pposed that they expected the financial burden to the colon1,es who were refusing to pa.y taxes. Johnson was instructed to entrust supervision of the Indian trade to the provinces. In addition to this the military establishments were to be decreased and the commissaries and smiths no longer provided tor. While the two superintendents were to be maintained at a salary of 1000 pounds a year there was no provision for their deputies, interpreters or assistants.69

69. !'\tCallaghan (ed.), Documents R§latlve to !h!. Colon!!! Htstory .2! .!!! !2..!:!, VIII, 7, 57, 58, 86.

Wlth the treaty of Port Stanwlx, in 1768, the latter part of tlrese great careers were being played. Here assembled Johnson, Claus, Croghan, Guy Johnson, two nrovlncial commissioners and 3200 Indians. When the momentous deed was transferred and the Fort Stanwtx line defined a vast territory out of which states were made was turned over to the EnSllsh. On the deed of Fort Stanwix lies the title to a large part of New York, Pennsylvania, West Virginia and

Kentucky. A key witness present at this affair was S00n to 70

be an officer himself in American Indian affairs; Benjamin J:ran.. ", kli n. 70

70. Prances W. Halsey, 'l"he Old ill ~ Frontier (New York, 1901), 99-100.

There were no great changes in Indian affairs or methods in dealing with them frow 1763 until the birth of the revolu t10n. The process gained over 150 rocky and turbulent years was also to be added to a heritage. CHAPTF..R IV CENTRALIZATION REALIZED

With the advent of the Revolution there was a repeti tion of two distinct factions competing for the friendship and the alliance of the Indian tribes. Generally, the Eng lish maintained their system of superintendents and aids while the Oolonies were faced with the construction of a policy by the new General Congress. In saying that the English maintained their system is not to presume that they enjoyed the definite advantages that existed when they held the control of the continent. Although somewhat hampered by provinoial designs before 1'775, they now were confronted with the same provinces act ing in a certain acoord. Because of this the basic Indian tactios of the English were changed to meet tl-).e new condi tions. Instead of oonferring with the various tribes to secure peace and settled conditions, they now actively sought excitations and massacres.l

1. Journals g! the Continental Consress, edited by C. W. Ford et al, Library of Congress Edition (Washington, 1904-1937), III, 456; Reuben Gold Tbwaites and Louis. P. Kellogg, Front1er Defense 2ll !h! Upper Ohio (Madison, 1912), 7.13; Wiliiam Stone, Joseph Bran~ooper8town, 1846), I, 71, ?4, 89.

The actIvities of these English em1ssaries were not

'71 72 confined to anyone region, the Greeks and Cherokees of the south rec131vlng overtures as "IIell as the northerly tribes. The rrain military anticipation in causing such uprisings

:J.I011i3 the sett1 erJent fr tnge was that graa t nw.ibers of (;·.)10n1a1 soldiery would be sent to the affeoted ar"es. to quell them, thereby weakening the provinoial foroes in perhaps more strategI0 quarters.2 One ruse used by Col. Eamllton, the

2. Jawes Alton James (ed.), flThe George Rogers Clark Papers, 1771-1781" in Illinois State Historical Collections, VII (Springfield, 1912), xxxv. drltiah Lieutenant-Governor at Detroit, was to have the Indians leave printed messages at the sides of fallen viotims. The text of theae urged the frontiersman to lay down his arms and join the King's foroes for handsome rewards.3 The actlvi------.---- :3. Thwal tes and Kellogg, F1rontler Defense .Q!! !h! Upper Ohio, 14. tIes of these English-insp1red natives may be over empha- sized but ~ashington was to state several years after the revolution that all of the difficulties encountered ~ith the Indians, as well as the ruthless murder of helpless women o.n(~ Children, resulted iI'om the oonduct of british agents."

4. Arthur E. Hulbert, "Braddock's Road,ff Historio IUghwaza of Amerioa, (Cleveland, 1903), IV, 157. 73

The individual states continued the pre.ct~ce of employ- ing oOInl'l'lissioners after the break with the mother oountry.

In 1775, Charleston named three OO~i8sioners to treat with the Indians.5 The need for representatives and overseers

5. Angie Debo, The ~ 1£ Disappearanoe, 37. ------_._-- -, areong the Ind1ans was not lost on Congress and in July, 1775,

it resolved that a oon~ittee be appointed to take Indian affa.irs into conslderation and to submit a report on what measures appeared neoessary tt for a.eour1ng and preserving the Indian natlons.,,6

6. Journals of the Continental Congress, 11, g3. rl'he com mittee named1ncjuded PhIllip Sohuyler, Patriok Henry, Jatl'les Duane, Jarres W1lson and Ph1llip Livingston.

One n;onth later, on July 12, 1775, the cO!'1T'1.ttee sub- ri tted 1 ts report call1ng for 1 n'l"'ed in te legtsJa tion on Ind1an affairs. Stat1ng that the seouring and preseY'vlng the frlend

sr1 ips with the Indians wss of the utrr:ost !rorrent to the Col- onies, and taking notice of the British rranhtnationa among

the border tribes, it Foved that certain rersons be appointed

~0r:'yl::;tlc)!ler~ to ~Hr·(!':rlntend TnoJ.an n!'f'a'f1."s .for the col onies.7 ------_._._,---_. 7. ~., 175. 74

It was immediately approved ,that there be t~ree depart wents of Indians, the northern, middle and southern. Setting the geographical limits of the northern tribes as far south as to include the whole of the Six Nations and all other nations to the northwards of them, the Congress fixed the southern district in t~at area as far north as to include the Cherokee and all southward tribes. The offlcials of the middle department were to have jurisdIotion over the area lying between them.S

8. ?ournals 2! the Continental Congress, II, 175.

The Congress then resolved that there be five commis sioners appointed for the southern department, with the other administration segments to have three each. These coml'r'ls stoners were to have the power to treat wIth the Indians in their respective departments in the name and on behalf of the Colonies. To establish friendly relations with the various nations it was voted that the southern section be given $10,000 for presents and supplies, the northern and middle departments being granted two-thirds of that figure. These funds, drafted on the Continental treasury, were to be regularly accounted for by the appointed corr~issioners.9

9. Ibid.

The commissioners were also empowered to appoint assist ants who had influence in their respective sectors, as well 75 as to appoint "agents" who were to live near or among the tribes. One of the principal duties of this latter group was to watch the conduct of the British superintendents and their deputies. Appended to their oo~missions was to be the instruction that if any of the King's superintendents, deputies or agents were aotive in inoiting the Indians, suoh persons were to be seized and put in a plaoe of safe oustody. These would later await the a,otion of a board of commissioners or the Congreas.10

10. Journals £! !h! Continental Congress, II, 175.

The Congress set about using long established methods in their Indian relations. In addition to the oommissioners t~ey also employed persons who, by the1r vooations, were best suited to serve in speoial oapacities. In such a fash ion the Rev. Mister Fowler was used on several oocasions to influence the Indians in the Pittsburg area toward treaty negotiations with the Colonies.ll Probably the best known

11. 1£!2., VI, 1021. of these government employed missionaries was the Rev. Samuel Kirkland who was one time voted $300 tor his services among the Oneidas and t~e Six Nations. His attitude, actions and demeanor were such that the Congress .as moved to hire him '76 as a permanent influenoe among the Iroquois.12 This was not

12. Journals of 1h! Continental Congress, II, 187.

Immedla toly aooomplished but a short time later he was a.(;a1n cited, voted $113 and plaoed on an annual federal salary of :W289. 13

13. ~.,' III, 351.

Further oarrying out the sucoessful experiences of their forebears, the Congress resolved that a minister, a blaok- smith and a schoolmaster should be employed to live with the

Delawarea.14 The Six Nations were to rece1ve two blacksmit~a

14. ~., IV, 257. and an interpreter wh.o were to live among the tribes. They were to be paid an established salary of ~S222 a year .15

15. l£!2., III, 366.

With the coming of a central power to the Arrerioan oontinent th.e jealousies and private enterprises of the 001- onies were but little effeoted in the beginning. However; the policy of t~e Congress in naming commissioners for Indian 77 affairs and the same policy extant an:ong the individual provinoes were inevitably to clash. One of the rights de manded by the states was tl)at of personal control over the various contingenoies that rnig~t arise within the confines of her oym territories. This principle was strongly applIed to t"le Indian trade, espectally in the southern d:tstricts. 'rhe competitIve system that existed in the South Caro ... lina and Georgia areas consistently caused hardship and anger among the Creek and Cherokee tribes. Although the Congress was conscious of the oondit1on, there was 11ttle that could be done without infringing upon the declared right of the 0010n1es. In 1776, there was a not1ceable trend toward initiating legislation in the national assembly w"11ch would ultimately lead to a more central control.16 ------_.- 16. J?urnals 2! the Continental 99ngress, VI, 1077.

The ensuing debates on the question were most strongly engaged in by the two delegates from South Jaroli:na, Hut ledge and Lynch, who staunchly held out against any accumu lation of central power. In one defense of his position Rutledge maintained that South Carolina had, in one year, paid as much as 50,000 guineas for ms.intainlng fr1endly rela tions on her frontiers. The only way this surn could possibly be recouped was by state control of the Indian trade.17

17. !£!£. 78

Delegate Walton of Georgia, who had apparently bean won

over by t~e faction seekln~ centralization, opposed the

stand of the South Carolinian. He stated Vlst free trade n!eant jealousies, animosities and wars. He admitted the bene

fit to South Carolina but he also indicated t~8t t~e latter was benefitting at t~e cost of other colonies. Georgia was the real frontier. In case of Indian hostilities against South Carolina the savage would first have to trespass the settlerrent lines of his native state. In order to prevent her being overrun and devastated it would be necessary for Georgia to expend great amounts to pacify the Indian tribes, (:mounts that Georgia could not afford. 18

18. Journal~ of the Continental Congress, VI, 1077.

The able James Wilson, com~issioner of the Northern Indian Department, then stated the general case against state control of trade outlets and revenues. He pointed out that no lasting peace could be made with the Indians unless it be

made by one body. Such language as "we are better tl1an 80me one else, we are stronger, we treat you better than any other colony" ought not to be held out to the Indians. The only power that ought rightfully to tr'eat wi th them was the United States. He further pointed out that the Indians knew tlje strength and benefits of confederation, the Six Nations were their example.19 When the debate was ended Wilson had

19. Ibid., 1078. 79

established a point but the question was lost. It was to re appear and cause a different benefit to the United States at a later date. As the war progressed the need of friendly relations with the Indian tribes was an increasing neoessity. Not all busi ness w1th them, however, was transacted at their local coun cils. The Indian nature hadn't changed ana he was the vacil lating person that he was in the days of bargaining between the Dutch and French, or the Frenoh and English. He now listened to the promises of the Crown agent ana then traveled to the Congress to hear the advanoes of that body. For these ocoasions, the assembly appointed special commissioners whose principal duty was to keep the visiting chiefs entertained.20

---.------.. - 20. Journals of !h! Continental Congress, III, 444.

On one such oooasion a delegation of Six Nation, Dela ware and Shawnee chiefs came to Congress to feel out that

body on its potential power and graces. The Cor.gress informed the assembled Indians that it preferred to have the tribes remain neutral and remain in peace and friendship with the colonies. As a gesture of power the Congressional inter

preter told the chiefs that if the Indians were ever ~oved to war that the Colonies could easily dispose of them.21

21. Ibid., VI, 1011. 80

Of t:ill the Indian tribes Congress, as all of its prede cessors, I'ec0<:snized the vulue of fr:1.endshlp with t"le Six sin tiona. }'ranklln, in his draft of tr:e Artie les of Confeder ation, included provtsions for a perpetual alliance with the Uon:federacy tha,t was to be hoth offensi.ve and defensive.

'l'Y16 lln:.lta of the leae:;ue \'.'tlre to be outlined and protected from enoroaclunenta. TherfJ were to be no land purchases recognized when executed by other than Congresslonally authorized persons. Persons were to be appointed to reside among them tfin proper districts" who were to be essentially vlc;llant against trade injustices. ~'hese proposed "agentstl

'liTera to be maintained by the general expense o:f Congress and were to periodically distribute goods that were allocated him by that bOdy.22

22. Journals 2! the Continental Congress, II, 198.

The particular strategic pos1tion of the area dominated by the Confederacy was especially realized when the northern segment of t 116 British plan of o:ffense was in operatIon. The Iroquois, due to the efforts of Sir John Johnson and John Butler among them, allowed the British militarist, St. Leger, to cross through their enttre territory unmolested, in spite of treaties to the contrary with the Congress. ~~en informed of thIs faithlessness through their northern commissloners, the Congress wrote a strong letter to the Iroquois reproaching <.31 them for t~,e tr act:tons. 23

23. ,Journals af U Continentul Congress, IX, 994-S96.

At t~ls time the PennsylvanIa a~d Virginia borders were belnlj incessantly attaoked by bands of Ot! owas, C1.:ip-r0was, i"J"z>.ndots 901'10 jiin(!;oes, all of whom ha.d at SOI:1e tlJrle COf1l3 under

Iroquois dominance. Con~re8s evidently conceived utilizing

ti"~e Iroquois to put down these wasua.ores if they evidenced remorse for their action in the St. Leger episode. The n,)rthorn comndssioners were instruoteo to closely watch the react1.ons to the Congressional letter fine, if th.ey seemed regretful, to approach them on the Indian question. The 01'1'101.als were further instructed to advise the Iroquois that if the Indians didn't desist fronl their ma.r·audings at the request of t 110 Confederaoy tile latter should attack and destroy their villages and supplies. If aid were to be needed in this undertaking, General Hand. was to be dispatohed to as sist them.24

24. ~., 998.

This cooperation between th.e military a.nd Indian staffs was due as much to lack of funds as to t~e presence of com- Ron duties. On oertain oocasions the oommanders of tha more western forts were empowered with cOll'Jl'rlssioner author! ty but 82

this d td not becOlilQ a general !,rac tlce. 25 ],iore corr'lT'only the

o,- r· .... 'l~ "p i.', ('0 >!-"1' """"'1 (', .. -.... """'" ""'IX ,)r)1 2 nn ~... It). V Ot.1.1 nil ~ ~ ~ ,~f - n IJ~·~.J,C.l ~ I..I';.-L, V · ... n", .. 'c:vv, .i'- .I " j.,,1(,J. -- ':..)J,4.

commIes io:r:ors '{'(irO t!1str,J,C t,;,d to aid l:l.nd tlug,mon t t"':to 1'11,11-

ta:r-y t}o:'1Tr;"J.·'''}doI'~''l 1n wh;;;. t.evo:r' way was 111011m'Yl.ta::-'t J.y nece ~~19.r:i.

In BU.C~) a.'onnect1.on t 11e (ymlldssionet'8 woro In.strueted to

tl'b;ns:mtt; b.J.l 11srtlnf:'lnt lnfol:'T'w.t1on tl) Gerwral ·~as'.1'13ton. rp'llSWOl~thy also 'r::e1d the powor of (Urectlng t~',e sev8:r'8.l com- miss loners on cond ::. tlon~3 ()'t:' r(~str lations th~.t 'rerfl to be In-

eluded in t'lO Indian trea tletd. 26

26. ~., XV, 600. ------....------....---- ....------.------

Generally the treaties consumrcated by the Congress

establ tshoo no groat tlrecedents. There Is on~, l:lowever, that

s~t the pattern for most 1ator treaties. '1''h6 Fort :?ltt

'rrea ty with t'1.e ')e1awares, in 1778, set up two co~d'ttons

that bear attention. In this agreement it was recognlzed by both the United States and the Indians that tlte ;)elawares W8t'e henl1eforth practical wards of the state and were to peri odically be given suoh neoessities as clothing, implements

and utensils. It also stipulated t~'iat, tn {):rder to aRSlrre

fairness to the tribes, an agent should be set up among them.27

27. One section of the treaty that oaused much oontemporary speculation, and did for a half-century, was the clause 83

in the treaty that provided that friend.1,- tribes, with the approval of Congress, might enter the Confederation of States and form an In~ian state in w1].1.ch tl-te Dela wares should be the head. cr. Richard Peters (ed.), 1'he PUJ'lic St:.!.t.~ at ~~,rge2! !r~ ~~ ,?tat,es 9.! Arnerlca--rtioston, 1853), VII 14; Annie II. Abel, 'IPro_ posals for an India.n Sta.te, It ~~ Re.. Eor~ P!.. the Ameri can l1istorical Association for the Year 1907 (Vvashington, 1908', 89-102. ----

It is interesting to note that in the selection of the person to reside among the Delawares eare was to be taken to secure !Ian intell1c;ent and candid agent" who was to be given an adequate salary. He sl-lould be one more Motlvated by t,h.(l! love of h1s country snd the constant attont.:on to the rtnties of hi8 department "tl1an the sinister pl'trpnses of oon- verting and bindln~ all of the ~uties of his office to pr1vate emo1ument."28 ------_._----_._------_._------28. This attitude toward !'len 1n the IncHan serv1ce ga.1.ned more and greater prominence. .Although the nefa.rious act1 vi t tes of certa. tn a.~f'}nts became Ir:)rG COl"imon 'In the Constitutional era, there were also those under the Con federation who utIl1zed their positions f~r land and trade gains. .Q!. Thomas P. Abernathy, Wlestern Lands and ~ A:rr~E'~1 ~qn !t.=:.voll!t ~0!l (New York:, 193'7), 142, 197, 201, for references to one suoh in the Indian service, George M0rgan.

It has been stated tha.t one I')f t'\tfl ~ntte3 of the com- mlseioners was to subm1 t pertocHo reports to the Congress, enc1o~1_ng their ob~eT'vat"('l'r1~ a!'l! "1"011 as thAir act1v~t~es. One of t'l-u" t'ore important of these reports ..,.:a8 that 9uhm" tted at the end of' the war in y,rrtcr the c0l'7TT!'11.~l:!1oners could estimate 84 the additional populations and r&sponsibilities acquired by the peace. After this had been turned over to the standing committee on Indian affairs it formed the basis of a com mittee report which advised certain immediate measures. The committee urged that the northern and widdle com missioners be instructed to hold conventions among the Indians in their sectors that had taken up arms against the colonies. These assemblies were to be notified that Britain had been defeated and that the territories within the United States previously claimed by her had been ceded. Treaties were to be arranged for the purpose of receiving them into the United States ana for setting up boundaries between them and the settlements. In order that sufficient materials would be on hand the Corntniss ioners were further ordered. to submit esti mates of needs for treaty presents. In order to gather a general estimate of the westward extension of the settlements the Indian officers were to also secure the number anc places of residence of all whites on the west side of the Ohio.29

29. Journals 2! the Continental Congress, XXV, 684-689.

There was more in the advices of the committee, however, than the instructions to the commissioners. Again the com mittee came out in favor of control of the Indian trade. It advanced a resolution that a co~ittee be formed to study this matter and, if the appointed committee should proceed 85

to t~e formation of an ordinanoe for oentral oontrol of suoh trade it was strongly urged that there be a clause "strictly prohibiting all military officers, and particularly all Oom missioners and agents for Indian affairstl from trading with the Indians, or "being direotly or indirectly concerned" in purchasing lands from the Indians. These were to be enabled to aot only on the express authority and license of the Con f::,Tess .30

30. Journals 2! in! Continental Congress, XXV, 689.

It was in this same year, 1783, that the general super intendence of Indian affairs was transferred from the over sight of the Congress to the "Department at War. tf31 On the

31. ~., XXIV, 264.

same day the Congress moved to appoint four agents for Indian transactions in the various districts. There was to be one for the eastern distrIct, oomprising all of the tribes under the general determination of the Penobsoot Indians; another for the northern distriot, oomprehending the Six Nations and suoh tribes as were dependent upon them; one for the western distriot, for all of the tribes generally termed "The 'Western Indians"; and one for the southern distriot, oovering 86

a.ll of t'1.6 southern nations. 32

32. Journals of the Continental Congress, XXIV, 264.

Suoh arrangerrents, founded on t~e immediate need for representatives among still disaffected tribes, had little effeot and t 11ere was a growing demand for something !flore firm anc permanent in Indian affairs. The ever-present settler continued to force his way west and was totally d1.s interested in legalities or inoidental effects. The Indians were tired of hearing promises, making treaties, and having them broken consistently. He was distrustful of the evi dences of split authority around him and, rather than taking t,11e word of one or the other, he took neither. Congress once again attempted to force the issue and, on June 29, 1786, an historic resolution passed the vote of the national assernbly;33 a motion to construct a r~partment

33. Journals of !h! American Congress, Way and Gideon EdItion (Washington, 1823), tv, 657. of Indian Affairs. As soon as Congress decided. upon this action it set about immediately to tear down the old system. Corr.missioners in the fielc'l received instructions that their cowll'lissions were now obviated.34 Mil! tar.,. cotrrmanders were

64. ~., 664. 87

instructed to inform the Indians that Congress was preparing a drastically new policy.35

35. Journals of the American Congress, IV, 657. ------This determination by the Gongrass re-lit the flares of sectional and provincial selfishness. The first signs of the cowing struggle were evidenced in the debate over the formulation of a preamble for the intended ordinance. The IndIan trade states again raised their voioes against the acquisition of more power by the Congress. When the debate had tamporarily cooled a key phrase in tile preamble read "provided that this ordinance shall not be construed to operate so as the legislative right of any state within its own lin-Ii ts be infringed or viola ted ... 36

36. ~., 667.

'llJ:le passage of this phrase caused ilt'IT'edia te trouble. In the South the great share of the border strife was being oaused by the Creek and Cherokee. When Congress investL;ated tl'Je causes of their discontent they found that a corrn:on ele ment in both tribes was the disregard of their rights to their lands and the persistent efforts of certain states to cheat tllem "out of their inheri tancs." When the Congress 88

presented t~is in.formation it beoame known that the states of North Carolina and Georgia now insisted that the present Indian diffioult1es were vo'ithin their territorial domain and, in accordanoe w1th the already aooepted clause of the 1n- tended ordinance, they alone were in suffioient authority to

~andle the situation.37

---.----~~------.-----

37. Journ~ls of !h! ArnerioaB Congress, 766.

Th1a effectively plaoed the prozram at a nullity in those areas unless sOn'e manner could bE'! found to alter the interpretation of the olause construotion. The cO!r:.7T'lttee on dra.wing up the new or0.inance pointed ou.t to the CO!12:ress thAt every treaty being made by both of the states in question contained two primary facets; land and peace. Such aotions could only prolong the border warfare. The states were misinterpreting the construction of the key clause. In t.he flurry of debate the oo:mmittee further maintained that t~1e power to manage affairs, including thE'! IT'aklng of war and peace, purchasing tracts of lnnn, fixing })ouncta.ries and pre venting encroaohments, was an indivisible power. That the states had either granted it to the Union or had reserved it to themselves.38

38. Ibid., 767.

It hurried to enlighten the assembly that the laws of 89

a state could have no effect upon a tribe that is 1ndependent within the confines of the state and that the state cannot pres1ln"e tha.t it has the power without making the clause 1n question an absurdity 1n theory as well as practice. If such be t11e case, the cOlrmittee argued, the states would 1ndividually have the power to name the nations that the central government could punish, but not control; to have t~e central government act in the aid of state authority; to place the state in the position where it could effeotively have sent or recalled governmental forces, as it saw fit. "This does not seem oonsistent with the dignity of a Unlon."39

39. Journals of i2! American Congress, IV, 677.

The oow~lttee offered a set of alternates t~at could eradicate the trying problem. The first alternative was for the states to make a liberal cession of territory to the central government. The other would be for the states to acknowledge the Gongress to regulate exclusively all of the affairs 01' the Cherokees and the Creeks, as well as the other independent tribes within the territories of the states. It was urged that the land cessions be made if only because they had been won by the COmDl.on effort of all the 0010n1es.

It was also pointed that other states had made oessions to the central govern~ent which were now selling for the common benefit.40

40. Ibid. 90

In view of these strong arguments the states called local assemblies and discussed the Congressional sugr::;estions. North Carolina carne forth with her large land. cesflion August 9, 1 '787, "I'Thile Georgia wal ted one more year and capitulated in July, 1'788.41 These cessions consolidated Indian efforts,

41. Journals 2f. the American Congress, IV, '769, 834. relations, trade agreernents, and politIcal control in one agency, the central governrr·ent. With one of the biggest hurdles out of the way the Con gress proceeded to formulate the Indian Department Ordinance of 1'786. The completed ordinance specified that the Indian Department be divided into two districts. The Southern District comprehended all of the nations in the United States south of the Ohio River. The Northern included all of the other Indians westward of the Hudson Ri.ver. It was also enacted that all business for the Indian Departments was to be accomplished at military outposts in each district. There were to be two superintendents appointed for a term of two years and these were to reside in or near the district for which appointed. They were to receive periodiC instructions from the Congress. The power of appointing deputies was granted the northern superintendent as well as

the removal of SllOh appointees for dereliotion of duty. These latter, like the superintendents, were to reside in 91 or near such places as would facilitate the regulation of the Indian trade. Still under the Secretary of War, the two superintendents were to keep up a close correspondence with him and, with each other. Whatever stores, provisions or property Congress should elect to have sent for distri bution among the Indian tribes would be under the super vision ot the superintendent, who would render an annual account of their disposal to the Congress.42

42. Journals 2f ~ American Congress, IV, 678.

The many oorruptions and vices in the Indian trade to this time led the Congress to enact strict clauses in at tempts to prevent them. No one but United States citizens were to be allowed to engage in it or reside among the Indians. No person, under pain of a $500 fine would reside or trade with the Indians without a 11cense. These were to be secured trom the superintendent or his deputy. In order to get a 11cense from these persons the individual seeking a license had to present a certificate under state seal from the governor of the state attesting to his good character and aptness for the profession he sought to employ. To get the license after he had the certificate he was re quired to pay a $50.00 license fee and present a bond for $3000. The license thus obtained was good for one lear. The colleotions of fees, fines and bonds were to be closely 92 accounted for by the superintendent to the board of treasury. If it were ascertained that these latter, or their deputies, engaged either directly or indirectly in the Indian trade it would mean their immediate dismissal f~orn office. To pre vent any collusion on the part of these officials the super intendents had to post a surety bond for ~6000 and the deputies half that amount. Their salaries were to be $1000 and $500 respeotively.43

43. Journals £! ih! Amerioan Congress, IV, 678.

The first superintendents under the new system were Richard Butler for the Northern Department and James White in the Southern. White soon resigned and between the time of his resignation and the appointment of Richard Winne as his successor the term of office for the southern section was lowered to six months.44 Butler was soon replaced by

44. l2!£., 809, 811. the Governor of the Northwest Territory, who assumed his pOSition and its atten~.ant salary.45

45. l£.!.9.., 785.

This major accomplishment in Indian affairs was brought 93 about in the closing moments of the critical life that had been the Continental Congress. While this impressive as sembly slowly slipped into obscurity, due to the birth of the greater convention at Philadelphia, there was little it could accomplish with the deleted number of delegates it boasted in its last days. It had successfully completed the transition that was so necessary to the later success of the Constitutional era. BenefItting by the mistakes of a previ ous century, it had forged a new policy that was to lIe as the basis for all future progress in Indian AffaIrs. Al though the latter body enacted legislatIons of greater scope and power, it necessarIly followed in the patterns estab lished and tried by its predecessor. With the establishulent of the Department of Indian Affairs in 1786, the Continental Congress had oompleted the long ohain of slow centralIzation and bequeathed a polioy that was to etfect the mighty move westward for the next oentury. 94

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