Autograph Letter Signed

Settlement on Indian Lands

Reports of forced settlement on Indian lands which threaten peace between U.S. and Indian tribes. Forced and quick removal advised. McHenry offers advice on how to disseminate knowledge of the laws regarding Indian land and rights, and expands on some of the measures he recommends.

1796

06

20

Cited in McHenry to Sevier, 06/23/1796.

Cited document sent from the War Office

General John Sevier

James McHenry

Indians

Indian nation

President George Washington

Congress

Citizens of Tennessee

Tennessee

Indian lands

territory

frontier

forced settlements

treaty

removal

peace

intrusion

proclamation

Act to regulate Trade and intercourse with the Indian tribes and to preserve peace on the frontier

Indians' rights

expansion

laws

annuities

public agents

Indian agents

public trading houses

land rights

settlement

1796062000001

1

Secretary of War
20th of June 1796
War Office 20 June 1796. -
For,
Within these few days past information has
been received of numerous forced settlements on the indian lands
as confirmed to them by treaty which threaten very serious consequences
to the peace of that Country and the Union. These
accounts which have been given great uneasiness to the President
render it proper that instantaneous and effectual measures
should be adopted to remove the intruders and prevent further
intrusions.
When I consider, Sir, your well founded knowledge
of the Indian Character; that no one can be more sensible
to the good that must result from a strict observance of
our promises to or treaties with them; of the confidence in and
dependence upon us which such observance must inspire; of
the wars and animosities it must prevent; and the disposition
it must naturally produce in them to yield to all our reasonable
wishes. When I add besides to these reflexions, that the
person who possesses this knowledge is placed in a situation
which enables him to co-operate efficaciously with the President
in his measures for the maintenance of the public tranquility,
I feel relieved from much of the sensibility I should
otherwise have experienced; convinced that you will sincerely
employ this knowledge of the means in your power to pressure
the inhabitants of Tennessee in the full enjoyment of peace and
the
the Indians in the occupancy of their rights.
Thinking it probable that many intrusions on
the Indian lands and violations of their rights, may proceed from
the ignorance in which some of the people are of the laws made
to protect them; it occurs that an extensive and impressive promulgation
of these laws might tend to the preservation of the
peace of the frontiers.
It is submitted therefore, whether a proclamation
from you might not be made to answer so desirable a
purpose.
The second, third, fourth, fifth, sixth, seventh,
eighth, ninth, tenth, twelfth, fourteenth, sixteenth and seventeenth
Sections of the annexes act, entitled "an act to regulate Trade
and intercourse with the Indian tribes and to preserve peace
on the frontiers" contain the principal regulations of Congress
relative to the Indians. Were you, Sir, to insert these for the
information of the people, in a proclamation; to enjoin upon
the Citizens of Tennessee a faithful observance of them; to threaten
all those who should transgress them, with their penalties; to
recommend to diviners to read them to their hearers once every
month; and to the judges, to cause them to be read at the
sessions of their respective Courts, I cannot help flattering
myself, that such paternal attention on your part would
be rewarded with the happiest effects. It would server to convince
the restless and rapacious adventurer, of your determination
to discountenance their projects; and be a proof to the Indians that the State was sincerely disposed to protect their rights.
I will not suppose that it can be the interest of any State to keep alive the flame of discord with its Indian Neighbours, or have its surface from time to time, drenched with the blood of its innocent Citizens. If an extension of frontier should become necessary can there be a doubt entertained as to the mode in which it ought to be acquired. Is it not a matter of certainty, putting the injustice of the act of disporting a people of their property by force out of the question, that it is cheaper to buy than to take from the Indians. Upon what ground then can a nation presume to take land when it has it in it's power to purchase whatever it may want?
Let me be permitted to believe that the great body of the Inhabitants of Tennessee, will esteem it a moral if not religious duty, to do justice to the Indians on their borders, and will conduct themselves under your administration conformably to the laws of the United States which are founded in justice.
As to those who may have settled on the Indian land in contempt of these laws, or through ignorance of them the President expects that you will bring into action all the means in your power, to dislodge them. He views their intrusion as a sure prelude to hostilities, and were they to be permitted to remain, as an express violation of treaty, and legitimate cause for recrimination and war; consequently he must resort to military force to effect this purpose should your measure prove inadequate or ineffectual. But seeing how much the prosperity and honour of the State of Tennessee is concerned in dislodging
dislodging these intruders, knowing that peace cannot long continue should they be suffered to remain, he cannot for a moment suppose that you will employ less than the most efficacious means on so serious an occasion.
Indeed, to compel these persons, who have thus intruded, to retire, will be an act of great kindness to themselves, For If suffered to remain, the probability is, that they would be among the first victims of the Tomahawks, while the desolations of war would soon extend to those who had committed no violations of the laws.
Compelling then these Intruders to leave the Indian lands; preventing others from settling on them, by diffusing throughout all parts of the State a knowledge of the laws, and making examples of obstinate offenders, will I am persuaded claim your immediate and unremitted attention. For it is only by opposing first attempts at fixed Settlements with vigour; by a due execution of the regulations of Congress and inforcement of their Sanctions, that the peace of the Country can be maintained, and the morals of its Inhabitants preserved from Corruption.
Should war emerge notwithstanding such cares and endeavours on the part of the majistracy of Tennesee it will not be viewed as a calamity which the State has brought upon itself, by having omitted what it ought to have done, or permitted what it ought to have prevented: the succour of course which it may claim from the general Government
Government in such a case, will flow with good will, and without being embarrassed or withheld from an opinion that it may have brought it's sufferings upon itself.
The President, led by such considerations as these, anticipates from your administration; the courts of justice; and the good Citizens of the State the most happy issue as it regards the disquietudes excited among the Indians by the Settlements in question.
Such a co-operation on the part of the State and the people, with the measures of the general Government, he believes cannot fail to secure to it the continuance of peace; to augment the good will of the Indians, and dispose them to such relinquishments of Territory as the United States may at any time think it expedient should be purchased.
It may not be improper perhaps to add a few remarks on some of those measures. With respect to the annuities stipulated to be paid them. Care is taken that the Articles which compose these should be good and their delivery made without fraud or deception; for in all transactions with Indians, Policy as well as honesty require fairness of dealing.
With respect to the public Agents resident with them. These hear all their complaints, administer in certain things to their comfort and convenience, make faithful representations to them of the intentions of the Government; distribute it's favors, and transmit to it their Complaints

plaints. As the Indians know that their grievances pass thro' this measure to government, if justice is delayed beyond a reasonable time, it ought not to surprize when they attempt in such cases to become the avengers of their wrongs.
As to the trading houses. These are meant to furnish them with such goods as they may stand in need of in exchange for their Skins and peltry, without their being loaded with other or greater charges than will cover the expenses attendant upon the Business.
Among the effects expected from this institution may be reckoned the following.
1. It's exempting the Indians from the frauds that they are subject to from itinerant Traders, which have a tendency to sour them against the people of the United States and stimulate to retaliations and thefts.
2. It's enabling Government to put a more effectual stop to the Sale of spirituous liquor among them; a practice baneful to them, and productive of innumerable evils to our Citizens.
3. It's rendering Indian Supplies more dependent upon the nation, and consequently encreasing their motives to peace and a continued good understanding.
Such being some of the evident results from the institution of public trading houses, whatever facility you can give to their establishment, it is taken for granted will be readily and cheerfully afforded.
Calculating
Calculating therefore upon your utmost aid, whenever it can favour the execution of a law or its object, I mention without reserve and with pleasure, the anxiety of the President to preserve to the State of Tennessee the blessings of peace; and, that you may assure it's good Citizens of his earnest desire, to extend to them every means of protection within his disposal; at the same time that he conceives it an indispensable requisite to their peace that the Indians should not be disturbed in the possession of their lands.
With great respect.
I have the hone to be, Sir,
Your most obedient Servant
James McHenry
Secy. of war