Indian policy and westward expansion

Front matter

Glass,

COPnUG»T DEPOSfr.

BULLETIN OF THE UNIVERSITY OF KANSAS Vol. XXII November 1, 1921 No. 17

Preface

This monograph is the outgrowth of a study of the life of David R. Atchison. Mr. Atchison was for some time chairman of the Senate Committee on Indian Affairs and the investigation of his activity on that committee led to a study of Indian policy in the Trans-Mississippi Valley and its relation to the westward moyement. This latter problem, ^ begun as a phase of Atchison's career in the. Senate, developed into one that is larger and more significant than th^ original subject. The story here told is the history of the Indian policy up to the passage of the Kansas-Nebraska Act in 1854. It is written as concisely as possible to bring out the main thesis into clear relief.

This history of Indian policy is of decided importance in tbe general history of the United States in the pre-Civil War period, but is of special importance in any attempt to write the history of the West. The purchase and conquest, exploration, fur trade, Indian wars, the Pacific railroad project, the extension of the frontier, schemes for the civilization of the Indians, etc., are topics in Western history which are more or less unrelated in the form in which they have usually been treated. Indian policy and its relation to westward * expansion now furnish a frame- work upon which the history of th-e Trans-Mississippi Valley before the Civil War may be written. The period is given a unity otherwise impossible and a foundation is laid upon which to base an interpretation. The fact stands out clearly that the early history of the Trans-Mississippi Valley is essentially the history of the relation between the Indian and th^e advancing frontier placed in proper perspective with all the other related problems. Thus, it becomes a distinctly new chapter in th-e history of the West.

The period since 1854 presents a markedly different aspect. The dominant theme in the earlier period is Indian policy, while in the latter it is the expansion of the frontier, the settlement of the Middle West. Here has been produced a white civilization which has taken the place of the Indian. In the process of its evolution it grew with much greater rapidity than the Indian receded, until it has almost completely absorbed the remaining remnants of the Indians and their special problems. The result has been the creation of a new spirit, a new viewpoint or attitud e of mind, something distinct in itself, which is recognized as * 'Middle West." I hope later to present the history of this phase of the Indian problem in another study.

I wish to acknowledge my indebtedness to Professor Frank H. Hodder, who has been friend as well as teacher, and that, when friendship has been of more value than any instruction could have been. Professor Frank E. M:elvin has made helpful criticism and suggestion. My wife has given invaluable aid in the revision and typing of the manuscript and in reading the proof.

James C. Malin.

1333 Ohio Street, Lawrence, Kansas.

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Introduction

Position of the Indian Country — Time during which problem developed — Factors determining Indian policy: Settlement of the Pacific Coast, Transcontinental lines of communication and transportation, Westward expansion in the Trans-Mississippi Valley, Changed condition and civilization of the Indians — Three phases in the development of the problem.

Part One CONSOLIDATION OF THE INDIANS IN THE SOUTHWEST, 1830-40

Relation Between Geography, Expansion, and Relocation of the Indiana 15

Original grouping — Expansion across mountains into Mississippi Valley, first wedge, 1770-1830 — General removal west of the Mississippi River, the spreading of the wedge, 1815-40 — Expansion up the Missouri Valley, 1815-35 — Relocation of western Indians in Indian Country, the spreading of the wedge, 1830-55.

Removal of the Indians West of the Mississippi River;

First Phase 16

Act of 1830 — General principles of Indian Policy — Cass's seven point program — Commission of 1832 — Legislative program of 1834 — Execution of Cass program — Organization of the Indian Department — Administrative regulations of 1834.

Consolidation of the Indians in the Southwest; Second Phase 23

Growth of the idea — Consolidation in the Southwest and plans^ for an Indian State — Indian Department and relocations to 1840 — Commissioner Crawford's report of 1840 and tendencies in westward expansion — Reasons for selection of the Southwest for Indian relocations.

Part Two FACTORS CONTRIBUTING TO THE REVISION OF THE OLD INDIAN POLICY

Transition in Indian Policy, ISJ^O-JfS 35

First settlements in Oregon — Oregon Trail, roads and militaryposts — Santa Fe Trail and the southwestern commerce — Purchase of right of way for Oregon Trail recommended — Organization of Oregon and Nebraska proposed — Effect on Indian policy.

Development of the Four Great Factors, 18Jf8-5Jf W

Westward Expansion and Settlement of the Pacific Coast

Summary of early period — Population when organized — Oregon emigration after 1848 — California emigration after 1848 — Relation to Indian policy.

Westward Expansion and the Pacific Railroad Movement AJp

Routes — Buchanan on the Pacific railroad, 1S47 — Ewing on the Pacific railroad, 1849 — Stuart on the Pacific railroad, 1849 — Rivalry over routes — Beginnings of two Pacific railroads, Hannibal-St. Joseph and the Pacific Railway — Land grants to Missouri railroads — Relation between men and measures.

Westtvard Expansion and the Organization of Nebraska 52

Factors in movement — Douglas bill, 1848 — Father De Smet's analysis of the situation in 1851 — Consideration of a survey of Nebraska, 1851 — Hall's bills, 1851-52 — Legislative program of the House Committee on Territories, 1852-53, Richardson bill, Territory of Columbia bill and Road to the Pacific — Discussion and debates — Atchison-Benton contest in Missouri; Status of Indian title, 1854 — Popular interest in Nebraska; The Kansas- Nebraska Act.

Changed Living Conditions and Civilization of the Indians 71

Border tribes — Prairie and Mountain tribes.

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Part Three THE NEW INDIAN POLICY, 1848-1854

Grouping of the Border Tribes 77

Crawford's report, 1841, first statement of policy — Organization of Oregon and Nebraska, 1844-45 — Wilkins's Report, 1844, second statement — Grouping begun, 1840-48 — Treaties recommended — Medill's report, 1848, crystallization of new policy — Indian Department transferred to Department of the Interior- Orlando Brown's Report, 1849 — Case of Stockbridge Indians, 1849, application of principle — Supt. Mitchell's Report on border tribes, 1849 — Agent Barrow on Pawnees, 1849 — Lea's Report, 1850 — Lea's Report, 1851 — Mitchell's Report, 1851 — Agent Coffee's Report, 1851.

The Prairie and Mountain Tribes 90

The Elements in the situation, the prairie, the Indians, the tribal boundaries, Oregon and California and Santa Fe Trails, emigrants and the Indians, emigrants and garnet supply.

The Northtvest Tribes 91

Supt. D. D. Mitchell — Growing discontent — Treaty recommended by Mitchell, 1849— Mitchell's treaty bill, 1850— Laramie Treaty, 1851.

The Southwest Tribes 9^

Santa Fe Trail — Railroad routes — Fort Atkinson Treaty, 1853 — Fitzpatrick's Report on purpose of treaty, Pacific railroad.

Realization of the New Policy; Third Phase 96

Nebraska movement, last phase — Debate on Richardson bill — Indian title in Nebraska Country — Preliminary negotiations for extinguishment of Indian title, 1853 — Manypenny's Report, 1853 — Organization recommended — Fitzpatrick's Report, 1853 — Opening of Indian Country — Indian title extinguished, Jan.-June,

1854 — Relations of treaties to railroads — Conclusion. BIBLIOGRAPHY 105

MAPS

No. 1. Land to which Indian title had been extinguished by 1833 to provide for removal of tribes from east of the Mississippi River 25

No. 2. Status of Indian title in Trans-Mississippi Valley

before 1854 56

No. 3. Land to which Indian title was extinguished 5 June,

1854, and the northern and southern groups 102 t

Indian Policy and Westward Expansion

Introduction

pThe question of the relation of the government to the Indian has been ever present throughout the course of American history. The frontier has been continually encroaching on the territory of the Indian, pushing him further and further west. With each step in the unfolding of this process new problems have had to be met and worked out. Sometimes the solutions have followed the lines of least resistance and sometimes they have followed definitely planned policy. The problems which presented themselves in the development of the Trans-Mississippi Valley have been of more than usual significance. This was because of the position of the territory in relation to the other states and territories, because of the critical time during which these problems arose and because of the character of the forces and interests demanding action. It is a new departure to approach the subject of Trans-Mississippi history from the standpoint of Indian policy, but it can be much better understood if approached in this way ; that is, from the standpoint of the territory itself. From this vantage ground the play of outside forces can be watched as they press for solution of the problems, each of them interacting not only on the other, but also on the situation in the territory and the policy being developed there.

The Indian Country of the Trans-Mississippi Valley has occupied a peculiar position in American development. By the Indian Country is meant the country west of Arkansas, Missouri and Iowa, north of the Red River and extending as far westward as the Rocky Mountains. It was generally understood that this country was specifically set apart for the habitation of the Indians, even though it crossed and blocked the natural lines of expansion to the Pacific. Of course this was not so important at the time the territory was set apart, but this had scarcely been done when the development of Oregon began, and then followed the annexation of Texas, the conquest and opening of California and the southwest. By this time its location had become a matter of decided significance. During the early period of Oregon settlement, the only route to the Pacific, lying wholly within our limits, was through this Indian Country. The growth of the Spanish trade to Santa Fe over the Santa Fe Trail was a contemporary movement and was carried on over routes which also ran through this territory. Then the acquisition of the Spanish southwest only served to increase the traffic over these routes, and make more necesary the framing of definite arrangements regarding the situation. It was an anomolous situation indeed for a nation to be virtually cut in half territorially by the existence of a considerable district set apart wholly for the occupation of Indians and from which all white men were excluded, except missionaries and traders who went in only by special permission. Such an Indian policy was diametrically opposed to the forces then tending to a more complete national development. The progress of these forces could not be stopped and the government Indian policy must eventually be adjusted to their demands.

The time during which these problems had to be solved added to the difficulty of the solution. During the earlier part of the period considered, the question of slavery and sectional rivalry had not become so acute and at that time had little influence on the situation. However, by the time of the annexation of Texas and the settlement of the Oregon question, sectional rivalry had become one of the dominant factors in any consideration of measures relating to westward expansion and even threatened to make impossible any solution of these problems. These difficulties could not but be reflected in the formulation and execution of Indian policy.

There are four factors that stand out conspicuously as determining forces in dictating the final policy in the Indian Country. The first, in point of time, was the movement for the settlement of the Pacific Coast. Interest in Oregon developed earliest, but after the Mexican Cession in 1848 and the discovery of gold, interest in California superseded it. Second, the building of adequate lines of communication and transportation became of great importance. In the beginning the only method considered was by wagon roads, which must be built for emigrants, mail, express and freight. Later the railroad and telegraph were perfected and plans were made to utilize them in solving these problems. It was at just this time also that the American trade with the Orient was opened and it was hoped that the Pacific railroad would place the United States in a most advantageous position in respect to the development of that trade. Third, the westward expansion of population in the Trans-Mississippi Valley demanded the opening of more country to settlement. Lastly, the changes in living conditions of the Indians and the problems attending their civilization necessitated decided modifications in the policy pursued toward these people. The cumulative effect of these forces must ultimately bring about the organization of a territorial government for the Indian Country, in order to open it to white settlement and to make possible a continuous line of settled country through to the Pacific. The passage of the Kansas- Nebraska Act in 1854 marks the culmination of this movement, for it made possible the realization of the ends toward which these forces tended.

The complex character of the forces in process of evolution during the period from 1830 to 1854 brought about such great and unexpected expansion and consequent changes in the lines of internal organization that no single consistent policy could be followed throughout the whole period. This does not imply that there was a lack of attention or of policy on the part of the government. Strictly speaking, policies were formulated from time to time to fit the new conditions. Taking the period as a whole, the Indian policy develops through three phases. The first two phases cover the period

IJf. University of Kansas Humanistic Studies [26 Ji.

to about 1841, and as they are less permanent in character they will be treated briefly. The first phase is the removal of the Indians to the region west of the Mississippi River and the formulation of general principles of policy and administration. The second is the evolution of the plan of consolidating the Indians in the southwest of the Indian Country to allow for westward expansion of the white population across the northern part. The emphasis, however, will be placed on the latter part of the period, or third phase, when a new policy was worked out : one designed to allow the free development of the progressive factors just indicated. The purpose of this new policy was to group the Indian tribes to the north and to the south in the Indian Country in such a manner that they would not interfere with westward expansion in the country between the groups. The natural geographic lines of development, the Platte Valley and the South Pass, would be made available for the undisturbed pasage of the emigrant to the Pacific Coast, for the building of adequate means of transportation and communication to the Pacific, and for settlement by white men. This policy determined the relocation of several Indian tribes and simplified the problem of extinguishing the Indian title when this part of the Indian Country was finally organized in 1854.

PART ONE The Consolidation of the Indians in the Southwest, 1830-40

GEOGRAPHY, EXPANSION, AND RELOCATION OF INDIANS

The geography of the United States has had the greatest effect on the determination of the lines of advance of the American frontier and its relation to the relocation of the Indians. After crossing the Appalachian Mountain Range from the east, the natural line of emigration was down the Tennessee and Ohio valleys. The original grouping of the Indian tribes into the northern and southern confederacies also favored this, for it was the line of least resistance between the groups. The advance of the white frontier may be likened to a wedge driven into the heart of the Indian Country. The point of this wedge pushed down the Ohio Valley, reaching the Mississippi River early in the century, and soon after began a period when this wedge spread northward and southward, crowding the Indians further and further apart, until about 1830 a policy of general removal of all tribes to the territory west of the Mississippi River was determined upon. While this process was going on east of the river, a second wedge was being driven up the valley of the Missouri River as far as the present western boundary of the state of Missouri. The spreading of this wedge was slower because it could not take place until the general removal from east of the Mississippi was pretty well carried out. But Missouri was the first of these states to be freed of Indians, this being effected by 1832.^ Iowa was practically free by 1846.^ The same process was being carried out in

^ Abel, Indian Consolidation. Report of the American Historical Association, 1906. Vol. 1, p. 395.

^ Report of Indian Commissioner Medill, 1846. 2s. 29 C. Sen. doc. No. 1, pp. 217-219. Pub. doc. No. 493. Cardinal Goodwin, The American Occupation of Iowa. In the Iowa Journal of History and Politics, XVII, pp. 83-103. The Movement of American Settlers into Wisconsin and Minnesota. Ibid. pp. 406-28.

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I the other western states as the pressure of population demanded. As these Indian tribes were removed from the eastern states, new locations had to be provided either by consolidation on reservations or by removal into the Indian Country to the west.

REMOVAL OF INDIANS WEST OF MISSISSIPPI : FIRST PHASE

It is not, however, the problem of Indian removal in itself that is of interest here, but the policy that was followed in the relocation of the Indians after they were removed to their new home west of the Mississippi River, and the program for their administration there. When the program of general removal was first considered, the plans for location were very vague. The most that can be said is that the Indians were to be sent to the far west beyond the Mississippi where they would never be disturbed again. Indeed the plans were so vague that the general act of 1830 providing for their removal does not indicate any particular place for their relocation, but leaves the choice to the discretion of the President. Section one of the act reads as follows :

'That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be described by natural or artificial marks, as to be easily distinguished from each other. "-^

The dominating idea was to move the Indian completely outside of the boundaries of all organized states and territories. Some Indian tribes had already been removed and others were to be removed as soon as arrangements could be completed.

267] Matin: Indian Policy andWestward Expansion 17

The plan of a general removal and consolidation of all tribes in one area placed the whole problem of Indian policy and Indian administration in an entirely new light. The government rather than the Indian had taken the initiative in the measures for consolidation. The responsibility was thus definitely placed on the government to formulate a program for handling Indian problems that would be active rather than passive, in order to make consolidation a success. Suggestions from various sources had been presented before the act of 1830 was passed and soon afterwards a quite definite program was announced. This program was the work of Lewis Cass, who was then Secretary of War, and appears in his annual report for the year 1831. These are what he calls the fundamental principles "which once adopted, would constitute the best foundation for our exertions, and the hopes of the Indians." :

1. "A solemn declaration, similar to that already inserted in some of the treaties, that the country assigned to the Indians shall be theirs as long as they or their descendants may occupy it, and a corresponding determination that our settlements shall not spread over it. . . .

2. "A determination to exclude all ardent spirits from their new territory

3. "The employment of an adequate force in their immediate vicinity, and a fixed determination to suppress, at all hazards, the slightest attempt at hostilities among themselves.

4. "Encouragement to the severalty of property, and such provision for its security, as their own regulations do not afford, and as may be necessary for its enjoyment.

5. "Assistance to all who may require it in opening farms, and in procuring domestic animals and instruments of agriculture.

6. "Leaving them in employment of their own institutions, as far as may be compatible with their own safety and ours, and with the great objects of their prosperity and improvement.

7. "The eventual employment of persons com- ^ petent to instruct them, as far and as fast as their progress may require, and in such manner as may be most useful to them."*

The next step was to gather all the information possible regarding the country west of the Mississippi and the Indians inhabiting it. To accomplish this three commissioners, William Carroll, Montford Stokes, and Robert Vaux, were appointed in 1832 "to visit the several tribes west of the Mississippi, and to arrange the' various interesting and unsettled questions arising out of the new relations, which the system of emigration has created." Their instructions were dated 14 July and were signed by Secretary Cass. These instructions show that Cass expected their report to be the foundation of a really constructive policy. They are as fol* lows:

"In the execution of the duty, respecting a plan for the government and security of the Indians, you will report in detail, all the information you can procure concerning their present and probable future condition, which can be useful in the determination of the questions of their government and intercourse. Your own judgment aided by such information as may be afforded you upon the spot, must guide you in your views of this matter. Its importance is apparent, as on its decision, may rest the future fate of all these tribes ; and in the great change we are now urging them to make, it is desirable that all their political relations, as well among themselves as with us, should be established upon a permanent basis, beyond the necessity of any future alteration. Your report upon this branch of the subject will be laid before Congress, and will probably become the foundation of a system of legislation for these Indians."^

The report of this committee was submitted to Congress in 1834 and was used by the House Committee of Indian Affairs in drafting their legislative program.

It was in the year 1834 that the first complete legislative

* Report of Sec. of War, H. doc. No. 2, Is. 22C. p. 30. Pub. doc. No. 216. Report of Sec. of War for 1832 gives additional comment on policy contemplated for the new Indian Country. H. doc. No. 2. 2s. 22C. p. 23. P\ib. doc. No. 233.

5 Report of Sec. of War for 1832. H. doc. No. 2. 2s. 22C. pp. 32-37 Pub. doc. No. 233.

was presented to Congress for consideration. At that time Mr. Everett (Vt.), who was then chairman of the House Committee on Indian Affairs, introduced three bills. The N first provided for the organization of the Indian Department. The second was an Indian Intercourse bill. The third was a bill to provide for the organization of a We^lPftfH (Indian) Territory.^ This last bill will be considered here. It was planned to establi^ IfRis Western Territory between the Red and Platte rivers west of Arkansas and Missouri. It was to be set aside for the exclusive use of the Indians in fulfillment of the law of 1830. The government of the new territory was to be under the direction of the President. The chief executif^npi^er was to be vested in a governor, but the real powers of government were to be left in the hands of the tribes. It was contemplated that a confederation of the tribes would be formed and a general council was provided for. In case of hostilities among the tribes, the Governor was given power to suppress them with the aid of the Indian tribes or of the United States military power within program for the organization of Indian affairs in the west the Territory. Furthermore, the Territory was to be allowed a delegate on the floor of Congress, and eventually it might be admitted as a state in the Union. Mr. Everett stated his position frankly in the debate on the bill on 25 June. He said at that time, "The present policy of the government, in respect to the Indians, is to civilize them." This bill was defeated although its two companion bills were passed.^ Such a plan as is here outlined would have carried out Case's program of 1831 with remarkable completeness. Although there may have been serious defects in certain details, it would have been an epoch-making step in the evolution of American Indian policy.

The two bills that did pass will next be considered in relation to their contributions to the actual development of Indian policy. It must be admitted that this plan of pro-

^ Cong. Debates. Is. 23C. X. Pt. IV. p. 4200. Introduced 20 May. The report of the above Committee was appended to report of House Comm. of Indian Affairs on bill.

cedure was not complete, but the promises of the Cass program were at least partially fulfilled. In 1834 and in succeeding years definite legislation was worked out on the subject.

Part of the first point insisted on the guarantee to the Indians forever of the territory on which they were to be relocated. The Act of 1830 had authorized the President to give this guarantee in the treaties of removal he might make with them, and in each instance it was observed. The other part of the first point regarding the encroachment of the whites on the Indian Country was at least partially fulfilled by section two of the Intercourse Act of 1834. It provided that no person should be admitted to the Indian Country except by license from the Commissioner of Indian Affairs, and Indian agent, or sub-agent. Such license should be good for not more than two years in the country east of the Mississippi and three years west of that river.® This provision should not be construed to be in the nature of a perpetual guarantee of land title to the Indians. Rather it was in the nature of a legislative regulation for administrative purposes. Point two of the program was fully covered by sections twenty and twenty-one of the above act. They provided that no spirituous liquors should be sold in or taken into the Indian Country, except for the use of government officials under the direction of the War Department, and no distilleries should be set up in the Indian Country. Point three of the program was the problem of insuring peace in the Indian Country and adequately defending the western frontier. The plans for its execution were under consideration for several years. Various proposals were presented. The first was the report of the committee appointed in 1832 which was presented to Congress in 1834.^ The bills providing for the organization of an Indian State also included plans, but the most elaborate and complete proposal was that of General Gaines.^^ The principal feature of these proposals was to build a definite line of forts from the Red

River extending northward into Minnesota, together with a system of military roads to connect them and to afford convenient and rapid transportation of troops and supplies." None of these proposals were adopted as a unified plan of legislative action. However, the actual necessities of the situation did develop a fairly complete line of forts along the frontier ; Fort Towson, Fort Smith, Fort Gibson, Fort Scott, Fort Atkinson, Fort Dodge, Fort Snelling, etc. The principal fort on the Oregon Trail w^as Fort Laramie and on the Santa Fe Trail, Fort Atkinson, located near what is now Dodge City, Kansas. Two special mounted regiments were raised to defend th» frontier and finally in 1846 a bill was passed creating a regiment of mounted riflemen and providing for a line of military posts to defend the route to Oregon^^ Point five was provided for in a limited way by the act of 1834 for the organization of the Indian Department by which authorization was given to furnish domestic animals and agricultural implements to the Indians west of the Mississippi River, but the value of such animals and implements furnished to those tribes was not to exceed $5000.^^ According to point six the Indians were to be allowed their own institutions so far as possible. This principle was recognized in practically all proposed legislation. The Intercourse Act of 1834 provided that in all disputes between white men and Indians concerning property the burden of proof must lie with the white man. The criminal law of the United States was extended over the Indian Country, but was not to apply to crimes between Indians.^* The last point of the program was recognized in the act of 1834 for the organization of the Indian Department, and provided that blacksmiths, mechanics, and teachers, when employed under treaty stipulations, should be under the direction of the department.^^

Another phase of the program on the part of the gov-

The most accessible map illustrating one of these plans is given in Folio State Papers, Military Affairs, VII, p. 777.

" 4 U. S. Statutes pp. 735-38.

eminent for handling the new situation was the reorganization of the Indian Department. Up to this time Indian affairs had been in the hands of a Chief Clerk of the Indian Office in the War Department. In 1832 the new office of Commissioner of Indian Affairs was created^^ Next, provision was made in an act of 28 June, 1834, to attach the Upper Missouri Territory to the Territory of Michigan for the purpose of temporary government. This included all the country west of the Mississippi River north of the State of Missouri and north and east of the Missouri and White Earth rivers.^" A bill passed during the same year for the organization of the Indian Department provided that the duties of the Governor of Arkansas Territory as Indian Superintendent should cease.' The same provision was also to apply to the Governor of Michigan Territory in the country west of Lake Michigan when that country should be organized into a territory. A new office of Superintendent of Indian Affairs was created, to be located at St. Louis, and was to have jurisdiction over the Indian Country west of the Mississippi River.^* During the same year the Secretary of War issued new regulations under authority of this act which defined more definitely the boundaries of the new administrative divisions. There were to be three Indian Superintendents in the west. The Michigan Superintendency included all that territory with the addition of the Upper Missouri Territory as indicated above.^^ The St. Louis Superintendency included all the western territory between the Michigan Superintendency and the Santa Fe Trail. The Western Superintendency (acting) was to include all the remaining territory south of the St. Louis Superintendency.20 Lastly, the Intercourse Act of 1834 gave the name of Indian Country to all the territory of the United States west of the Mississippi River (except Missouri, Louisiana, and Arkansas Territory) and also that part i« 4 U. S. Statutes p. 564.