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This unjustifiable interference from their farms, and the governor with the peculiar duties of the ordered out a brigade of militia federal government, compelled for their protection. the officer commanding the Uni- These troops before meeting ted States troops in that quarter the Indians requested to be disto coöperate with himn in order to missed, and in the meantime Genprevent a collision between the eral Atkinson, the commander of state militia and the Indians.- the federal forces in that quarter, Overawed by the imposing force was instructed to call on the govbrought against then, they yield- ernor for a detachment of militia for ed to necessity and crossed the the defence of the frontier settlers. Mississippi, but gathering strength 3000 mounted volunteers were on the western bank of the river, ordered into the field upon this and exasperated at the harsh requisition, and with 400 regulars treatment they had received, in addition, the campaign was Black Hawk and his party re- opened about the 18th of June. solved on commencing a preda- Black Hawk finding himself untory war on the frontier settle- able to withstand this force retired ments.
into the swamps, whence he sent This party had long evinced a out detached parties to attack the hostile disposition towards the unprotected settlements. In this whites, and a few months before manner he annoyed the people had attacked an unarmed party of residing in the mining districi of the Menomonies, who were un- Michigan, and murdered a numder the protection of the United ber of defenceless families. States. They however had been The alarm was now real, and restrained by the peaceable part General Scott was ordered from of the tribe from commencing the sea board with nine companies hostilities, and possibly might of artillery drawn from the coast, have been prevented altogether, nine companies of infantry from had not the hasty interference of the lakes and two companies from Governor Reynolds given an as- Baton Rouge to put an end to the cendency to the war party in war.
Such was the promptness their councils, and enabled Black with which these orders were exHawk to carry the tribe with him ecuted, that five out of the six in his measures. In the month companies of artillery ordered of March, 1832, he accordingly from Fort Monroe in the Chesaassembled a band of Sacs and peake arrived in eighteen days at Foxes, which, united with the Chicago, eighteen hundred miles Winnebagoes under the control distant in the interior of the counof the Prophet, were about 1000 try. Unfortunately this detachin number and crossed the Mis- ment was attacked by the cholsissippi at the Yellow Banks in a era on the route, and the whole hostile manner.
were rendered unfit to take the The frontier settlers alarmed field before they arrived at the at the appearance of so large a scene of action. band of unfriendly savages fed General Scott finding the force under his immediate command the war by a cession of a valuaunfited for active service, and ble part of their territory, and to that he could not safely join Gen- immediately remove to the west eral Atkinson without hazarding bank of the Mississippi. The the safety of the troops then in federal government on its part the field, directed him to act with- stipulated to pay annually for out reference to his detachment. twentyseven years $10,000 to
That officer had, in the mean- the Winnebagoes, and $20,000 to time, been actively employed in the Sacs and Foxes for thirty pursuing the Indians and driving years. Other provisions were them from their lurking places. also made for their improvement Black Hawk finding himself press- in civilization. ed on all sides, broke up bis While the northwestern frontier camp and marched towards the was thus agitated by the moveMississippi. The volunteers un- ments of hostile tribes of Indians, der Generals Dodge and Henry the inhabitants of the northeastpursued him, and came up with ern border were excited by an him on the 21st of July, on the unpleasant collision, arising out bank of the Ouisconsin. During of the award of the King of Holthe engagement the Indians con- land concerning the boundary veyed their women and baggage line between the United States over the river, and in the night and the British provinces. they crossed the stream them- During the sitting of the Legselves leaving sixtyeight killed. islature of the State of Maine in The volunteers however also retir- 1830-31, a law was passed aued in order to obtain provisions thorizing the inhabitants of Madfrom General Atkinson.
awaska to organize themselves The pursuit was then renewed, as a town corporation. This was and on the 2d of August another accordingly done on the 20th engagement ensued on the left August, 1831; and at the annual bank of the Mississippi, near the election in the following month, mouth of the Ioway, where the the inhabitants met and elected a Indians were dispersed with a representative to the Legislature. loss of more than one hundred Upon hearing this, the British and fifty killed.
provincial authorities sent a miliBlack Hawk, with a small band, tary force, and arrested three fled to the Winnebago country, persons taking part in the town and the residue sought to escape ineeting and carried them to the over the Mississippi.
province jail for trial. Here they Parties of friendly Indians were tried and sentenced to three were despatched to bring in the months' iinprisonment. fugitives, and Black Hawk and bigh-handed step on the part of the residue having surrendered the British authorities excited themselves, the war was conclud- great indignation among the peoed and treaties made, by which ple of Maine, and the executive the offending tribes agreed to council being called together reccompensate for the expense of ommended the State to use all
constitutional means to procure
On the other hand the British the release of its citizens. Deem- government professed its readiing it inexpedient to do anything, ness to carry the award into efwhich might lead to a collision fect, and however correct the with the provincial authorities, government of the United States they thought it necessary to take might be in refusing to regard the measures to protect their territory advice of the arbiter as a decision from invasion and their citizens under the treaty, it would neither from capture. They accordingly have been right nor expedient, recommended the governor to is- to question its own power to make sue a general order calling upon a valid treaty for the final adjustthe militia to hold themselves in ment of the controversy. In this readiness to act whenever called dilemma the administration comupon.
menced a negotiation with the A representation was made by State of Maine, with the view of the Secretary of State to the obtaining its consent to the cesBritish minister at Washington, sion of the territory in dispute. remonstrating against these pro- The State of Massachusetts ceedings of the provincial gov- was interested equally with Maine ernment, and through hin the re- in the property of the soil, and lease of the prisoners was ob- had expressed its determination tained.
to sustain the rights of her sister The difficulty howevet'was not state in the controversy. It was adjusted in this manner.' The therefore necessary for the two award of the King of Holland states to act in concert, in the adhad not only undertaken to give justment of a question where they to England territory belonging to were jointly interested. the State of Maine : but it had This however was not deemed departed from the terms of the expedient by the governing party submission and had rather advis- in Maine; and William P. Preble ed a compromise, than decided a was appointed an agent on her controversy
It was therefore part to arrange the terms, upon deemed invalid ; and the State of which that State would consent to Maine contended, that the federal the execution of the treaty. Afgovernment was not competent ter some negotiation Mr Preble to make a treaty, by which a state addressed a letter to the governor was to be deprived of any por- of Maine, advising the State to tion of its territory. This posi- cede to the United States her tion might not have borne a ibor- claim to the territory, beyond the ough examination : but it would boundary line recoinmended by have been embarrassing to a cab- the arbiter for an ample indeninet, that had already construed nity. the sovereignty of a state, so far The motive to this advice was as it concerned her territory, to not communicated to the public, be paramount to the treaty mak- nor was any information given as ing power of the national gov- to what indemnity was expected ;
but a confidential message was
transmitted by Governor Smith knowledge of the terms of an arto the Legislature, informing that rangement affecting the interests body of the advice of the agent, and of the whole State to the domistating his belief, that an adequate nant party, appeared so opposed to compensation would be made by the principles of a free and conthe United States for the loss of stitutional government, that it territory. As this belief was provoked severe animadversions founded upon a secret arrange- from the periodical press. The ment between the agent and some public mind however was now too members of the federal govern- much under the influence of parment, the terms were not com- ty feeling, to be affected by any municated to the legislature ; but appeals to reason, and the resoluenough was stated to leading mem- tions were passed by a majority bers of the administration party, of the House, 80 yeas, 69 nays. to secure the assent of the State When these proceedings were Senate to resolutions in favor of a communicated to the governor of treaty between the State and the Massachusetts, he requested the United States, in relation to the governor of Maine to furnish for cession. This treaty, however, the information of the government was not to be binding upon the of Massachusetts, copies of the State, until it had been formally correspondence, in relation to the ratified by the legislature; and the disputed territory. resolutions were directed to be This request was not complied sent to the yovernor of Massachu- with, the ground that most of setts, in order that measures might that correspondence was private be taken by that State for the pro- and confidential, which be was not tection of her interests in the ce- authorized to make public. ded territory.
The course of the government The Senate passed these reso- of Maine was not well calculated lutions witbout much opposition, 10 ensure the confidence of her but in the House more light was sister state, and notbing was done required upon
the agreement with by the latter to sanction an arthe federal government.
rangement, the terms of which In answer to this requisition, the they were not permitted to know. governor laid before the legisla- In the Senate of the United tion all the official letters of the States, the executive met with agent, except one letter marked
even less success in seeking to private and confidential, and avoid the responsibility of deciding containing the substance of the upon the validity of the award. proposed arrangement, which he shortly after the opening of Condeclined to lay before that body; gress, he transmitted the award and instead thereof he inforined and accompanying documents to the House, that it was in the the Senate with a message, stating hands of the chairman of the that the British government bad committee to be used by him ac- demanded the execution of the cording to his discretion. This award, and requesting the advice extraordinary mode of transacting of that body. public business, by confining all Mr Sprague of Maine, when the subject came under consideration, ted States assent to the award and (January 24, 1832) offered reso- consent to its execution. lutions denying the power of the This resolution was stricken general governinent to cede any out, yeas 35, nays 8, and in its stead portion of the territory of a State Mr Mangum proposed to advise without the consent of that State; the President to inform the arbiand asserting that in establishing ter, that the United States decline the exterior limits of the United to adopt the boundary proposed. States, it could only establish the It was then moved by Mr Ewtrue boundary as described in the ing, to substitute a resolution, that treaty of 1793; that the arbiter the Senate do not advise a subhad in effect undertaken to decide mission to the award or consent a question never submitted to him; to its execution. This amendand that his award being beyond ment was negatived, yeas 20 the submission was not binding nays 23. upon the United States. The Mr Mangum's resolution after President was accordingly ad- an amendment substituting the vised to commence a new negoti- British Government,' instead of ation with the British governinent, arbiter' was rejected, yeas 14 to establish the true boundary according to the treaty of 1783. The Senate finally by a vote
These resolutions were refer- of 23 yeas to 22 nays, advised the red to the committee on foreign president to open a new negotiarelations and on the 21st of March tion for the adjustment of the Mr Tazewell brought in a report boundary, and the matter remainfrom that committee advising the ed unadjusted at the close of the President to inform the King period, about which we are treatof the Netherlands, that the Uni- ing.