APPENDIX.

Draught of a Petition to Congress, sent by Mr. Astor in 1812.

To the honorable the Senate and House of Representatives of the United States, in Congress assembled,

The petition of the American Fur Company respectfully showeth :

THAT the trade with the several Indian tribes of North America, has, for many years past, been almost exclusively carried on by the merchants of Canada; who, having formed powerful and extensive associations for that purpose, being aided by British capital, and being encouraged by the favor and protection of the British government, could not be opposed, with any prospect of success by individuals of the United States.

That by means of the above trade, thus systematically pursued, not only the inhabitants of the United States have been deprived of commercial profits and advantages, to which they appear to have just and natural pretensions, but a great and dangerous influence has been established over the Indian tribes, difficult to be counteracted, and capable of being exerted at critical periods, to the great injury and annoyance of our frontier settlements.

That in order to obtain at least a part of the above trade, and more particularly that which is within the boundaries of the United States, your petitioners, in the year 1808, obtained an act of incorporation from the State of New York, whereby they are enabled, with a competent capital, to carry on the said trade with the Indians in such a manner as

may be conformable to the laws and regulations of the United States, in relation to such a commerce.

That the capital mentioned in the said act, amounting to one million of dollars, having been duly formed, your petitioners entered with zeal and alacrity into those large and important arrangements, which were necessary for, or conducive to the object of their incorporation; and, among other things, purchased a great part of the stock in trade, and trading establishments, of the Michilimackinac Company of Canada.Your petitioners also, with the expectation of great public and private advantage from the use of the said establishments, ordered, during the spring and summer of 1810, an assortment of goods from England, suitable for the Indian trade; which, in consequence of the President's proclamation of November of that year, were shipped to Canada instead of New York, and have been transported, under a very heavy expense, into the interior of the country. But as they could not legally be brought into the Indian country within the boundaries of the United States, they have been stored on the Island of St. Joseph, in Lake Huron, where they now remain.

Your petitioners, with great deference and implicit submission to the wisdom of the national legislature, beg leave to suggest for consideration, whether they have not some claim to national attention and encouragement, from the nature and importance of their undertaking; which though hazardous and uncertain as concerns their private emolument, must, at any rate, redound to the public security and advantage. If their undertaking shall appear to be of the description given, they would further suggest to your honorable bodies, that unless they can procure a regular supply for the trade in which they are engaged, it may languish, and be finally abandoned by American citizens; when it will revert to its former channel, with additional, and perhaps with irresistible, power.

Under these circumstances, and upon all those considerations of public policy which will present themselves to your honorable bodies, in connection with those already mentioned, your petitioners respectfully pray that a law may be passed to enable the President, or any of the heads of departments acting under his authority, to grant permits for the introduc

tion of goods necessary for the supply of the Indians, into the Indian country that is within the boundaries of the United States, under such regulations, and with such restrictions, as may secure the public revenue and promote the public welfare.

And your petitioners shall ever pray, &c.

In witness whereof, the common seal of the American Fur Company is hereunto affixed, the day of March, 1812.

By order of the Corporation.

AN ACT to enable the American Fur Company, and other citizens, to introduce goods necessary for the Indian trade into the territories within the boundaries of the United States.

WHEREAS, the public peace and welfare require that the native Indian tribes, residing within the boundaries of the United States, should receive their necessary supplies under the authority and from the citizens of the United States: Therefore, be it enacted by the Senate and House of Representatives of the United States, in Congress assembled, that it shall be lawful for the President of the United States, or any of the heads of departments thereunto by him duly authorized, from time to time to grant permits to the American Fur Company, their agents or factors, or any other citizens of the United States engaged in the Indian trade, to introduce into the Indian country, within the boundaries of the United States, such goods, wares, and merchandise, as may be necessary for the said trade, under such regulations and restrictions as the said President or heads of departments may judge proper; any law or regulation to the contrary, in anywise, notwithstanding.

Letter from Mr. Gallatin to Mr. Astor, dated

NEW YORK, August 5, 1835.

DEAR SIR,-In compliance with your request, I will state such facts as I recollect touching the subjects mentioned in your letter of 28th ult. I

may be mistaken respecting dates and details, and will only relate general facts, which I well remember.

In conformity with the treaty of 1794 with Great Britain, the citizens and subjects of each country were permitted to trade with the Indians residing in the territories of the other party. The reciprocity was altogether nominal. Since the conquest of Canada, the British had inherited from the French the whole fur trade, through the great lakes and their communications, with all the western Indians, whether residing in the British dominions or the United States. They kept the important western posts on those lakes till about the year 1797. And the defensive Indian war, which the United States had to sustain from 1776 to 1795, had still more alienated the Indians, and secured to the British their exclusive trade, carried through the lakes, wherever the Indians in that quarter lived. No American could, without imminent danger of property and life, carry on that trade, even within the United States, by the way of either Michilimackinac or St. Mary's. And independent of the loss of commerce, Great Britain was enabled to preserve a most dangerous influence over our Indians.

It was under these circumstances that you communicated to our government the prospect you had to be able, and your intention, to purchase one half of the interest of the Canadian Fur Company, engaged in trade by the way of Michilimackinac with our own Indians. You wished to know whether the plan met with the approbation of government, and how far you could rely on its protection and encouragement. This overture was received with great satisfaction by the administration, and Mr. Jefferson, then President, wrote you to that effect. I was also directed, as Secretary of the Treasury, to write to you an official letter to the same purpose. On investigating the subject, it was found that the Executive had no authority to give you any direct aid; and I believe you received nothing more than an entire approbation of your plan, and general assurances of the protection due to every citizen engaged in lawful and useful pursuits.

You did effect the contemplated purchase, but in what year I do not recollect. Immediately before the war, you represented that a large

quantity of merchandise, intended for the Indian trade, and including arms and munitions of war, belonging to that concern of which you owned one half, was deposited at a post on Lake Huron, within the British dominions; that, in order to prevent their ultimately falling into the hands of Indians who might prove hostile, you were desirous to try to have them conveyed into the United States; but that you were prevented by the then existing law of non-intercourse with the British dominions.

The Executive could not annul the provisions of that law. But I was directed to instruct the collectors on the lakes, in case you and your agents should voluntarily bring in and deliver to them any part of the goods above mentioned, to receive and keep them in their guard, and not to commence prosecutions until further instructions: the intention being then to apply to Congress for an act remitting the forfeiture and penalties. I wrote accordingly, to that effect, to the collectors of Detroit and Michilimackinac.

The attempt to obtain the goods did not, however, succeed; and I cannot say how far the failure injured you. But the war proved fatal to another much more extensive and important enterprise.

Previous to that time, but I also forgot the year, you had undertaken to carry on a trade on your own account, though I believe under the New York charter of the American Fur Company, with the Indians west of the Rocky Mountains. This project was also communicated to government, and met, of course, with its full approbation, and best wishes, for your success. You carried it on, on the most extensive scale, sending several ships to the mouth of the Columbia River, and a large party by land across the mountains, and finally founding the establishment of Astoria.

This unfortunately fell into the hands of the enemy during the war, from circumstances with which I am but imperfectly acquainted-being then absent on a foreign mission. I returned in September, 1815, and sailed again on a mission to France in June, 1816. During that period I visited Washington twice-in October or November, 1815, and in March, 1816. On one of these occasions, and I believe on the last, you mentioned to me that you were disposed once more to renew the attempt, and to re