Rights of Indians

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CollectionBoston Public Library: Chamberlain Collection view image
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Document Information
Date January 16, 1797
Author Name James McHenry (primary) Location: War Office
Recipient Name Dwight Foster (primary)
Summary Indians and Indian warfare; describes 1706 treaty with Chickasaws; United States responsibility to Indians; mentions White encroachment.
Document Format Autograph Letter Signed
Document Notes [not available]
Content Notes [not available]
Related Persons/Groups Dwight Foster; James McHenry; Colbert; Chickasaws; Creeks; Indian; Indian Nation; tribes; troops; Negros; settlers; Spanish; ;
Related Places War Office; Spain; United States; Tennessee; territory; frontier; land; fort; ;
Keywords treaty; ;
Key Phrases protection in this treaty has reference chiefly if not wholly to that object; surrender made by them in the treaty of a part of their land on which they were accustomed to hunt was to be the price of protection of the remainder; construction; conformable to indian feelings and views; military succours in cases of indian invasions been contemplated by the parties; words introduced into the treaty expressive of the intention; find itself engaged in a war; aggressor; consider the former interpretation as the soundest; claim of the petitioner becomes equally negative; dissipate the invasion; wisest and cheapest policy; wars of the Indian nations; mediators or umpires between them; furnish the military adventurers; degree of respect proportionate to the share of influence he may possess in his nation; conjunction with the power of the nation to injure or serve; safe or expedient to reject their application which have a colour of right; establish an inconvenient or expensive precedent; rising character in his nation; commendable the motive; induced the party of frontier citizens to offer their services to an indian nation threatened with invasion; unauthorized by government; lead other citizens to like intermeddling; hostilities with the offended nation; prayer of the petition ought not to be granted; operate against aggressions; general protection having relation to whatever might endanger their existence as a nation or people; encroachments upon their land; find them most desirous to guard against by treaties; want of police or laws to compel their people to yield up what they had taken; inability to defend themselves from foreign intrusion; promise of protection is still obligatory; what nature then is the protection; laws of the United States; any indian or other person taking refuge among them who should commit a robbery, murder or other capital crime; person under their protection; conditions required to be observed by the Chickasaws to intitle them to the protection; found on examination that they have neither delivered all property taken from the citizens of the United States taken during the war nor yet conducted themselves in all other respects agreeably to the treaty; permitted Spain to erect a fort and garrison it within their limits under color of protecting them; failed in these points on their part; cannot claim as right a perfect compliance on ours; departures from the conditions of the treaty; absolved in any degree the United States from their engagements; peculiarity of the indian situation; chickasaws entitled to protection from the United States by any positive or express stipulation in their treaty; does the protection apply to the case in question; treaty with the Chickasaw nation; give peace to the nation and receive it into their favour and petition on certain enumerated conditions; all prisoners citizens of the United States and all negroes and property taken from citizens thereof during the war should be restored; chickasaws should be under protection of the United States and no other sovereign; hunt and live within certain defined boundaries; deliver up to be punished; case of Colbert who has petitioned Congress to be paid for provisions which he furnished to a party of inhabitants from Tennessee; Chickasaw nation to help them resist invasion by the Creeks; offer several matters for consideration;

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