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This unjustifiable interference with the peculiar duties of the federal government, compelled the officer commanding the United States troops in that quarter to coöperate with him in order to prevent a collision between the state militia and the Indians. Overawed by the imposing force brought against them, they yielded to necessity and crossed the Mississippi, but gathering strength on the western bank of the river, and exasperated at the harsh treatment they had received, Black Hawk and his party resolved on commencing a predatory war on the frontier settle

ments.

This party had long evinced a hostile disposition towards the whites, and a few months before had attacked an unarmed party of the Menomonies, who were under the protection of the United States. They however had been restrained by the peaceable part of the tribe from commencing hostilities, and possibly might have been prevented altogether, had not the hasty interference of Governor Reynolds given an ascendency to the war party in their councils, and enabled Black Hawk to carry the tribe with him in his measures. In the month of March, 1832, he accordingly assembled a band of Sacs and Foxes, which, united with the Winnebagoes under the control of the Prophet, were about 1000 in number and crossed the Mississippi at the Yellow Banks in a hostile manner.

The frontier settlers alarmed at the appearance of so large a band of unfriendly savages fled

from their farms, and the governor ordered out a brigade of militia for their protection.

These troops before meeting the Indians requested to be dismissed, and in the meantime General Atkinson, the commander of the federal forces in that quarter, was instructed to call on the governor for a detachment of militia for the defence of the frontier settlers. 3000 mounted volunteers were ordered into the field upon this requisition, and with 400 regulars in addition, the campaign was opened about the 18th of June. Black Hawk finding himself unable to withstand this force retired into the swamps, whence he sent out detached parties to attack the unprotected settlements. In this manner he annoyed the people residing in the mining district of Michigan, and murdered a number of defenceless families.

The alarm was now real, and General Scott was ordered from the sea board with nine companies of artillery drawn from the coast, nine companies of infantry from the lakes and two companies from Baton Rouge to put an end to the

war.

Such was the promptness with which these orders were executed, that five out of the six companies of artillery ordered from Fort Monroe in the Chesapeake arrived in eighteen days at Chicago, eighteen hundred miles distant in the interior of the country. Unfortunately this detachment was attacked by the cholera on the route, and the whole were rendered unfit to take the field' before they arrived at the scene of action.

General Scott finding the force

under his immediate command unfitted for active service, and that he could not safely join General Atkinson without hazarding the safety of the troops then in the field, directed him to act without reference to his detachment. That officer had, in the meantime, been actively employed in pursuing the Indians and driving them from their lurking places. Black Hawk finding himself pressed on all sides, broke up his camp and marched towards the Mississippi. The volunteers under Generals Dodge and Henry pursued him, and came up with him on the 21st of July, on the bank of the Ouisconsin. During the engagement the Indians conveyed their women and baggage over the river, and in the night they crossed the stream themselves leaving sixtyeight killed. The volunteers however also retired in order to obtain provisions from General Atkinson.

The pursuit was then renewed, and on the 2d of August another engagement ensued on the left bank of the Mississippi, near the mouth of the Ioway, where the Indians were dispersed with a loss of more than one hundred and fifty killed.

Black Hawk, with a small band, fled to the Winnebago country, and the residue sought to escape over the Mississippi.

Parties of friendly Indians were despatched to bring in the fugitives, and Black Hawk and the residue having surrendered themselves, the war was concluded and treaties made, by which the offending tribes agreed to compensate for the expense of

the war by a cession of a valuable part of their territory, and to immediately remove to the west bank of the Mississippi. The federal government on its part stipulated to pay annually for twentyseven years $10,000 to the Winnebagoes, and $20,000 to the Sacs and Foxes for thirty years. Other provisions were also made for their improvement in civilization.

While the northwestern frontier was thus agitated by the movements of hostile tribes of Indians, the inhabitants of the northeastern border were excited by an unpleasant collision, arising out of the award of the King of Holland concerning the boundary line between the United States and the British provinces.

During the sitting of the Legislature of the State of Maine in 1830-31, a law was passed authorizing the inhabitants of Madawaska to organize themselves as a town corporation. This was accordingly done on the 20th August, 1831; and at the annual election in the following month, the inhabitants met and elected a representative to the Legislature. Upon hearing this, the British provincial authorities sent a military force, and arrested three persons taking part in the town meeting and carried them to the province jail for trial. Here they were tried and sentenced to three months' imprisonment. This high-handed step on the part of the British authorities excited great indignation among the people of Maine, and the executive council being called together recommended the State to use all

constitutional means to procure the release of its citizens. Deeming it inexpedient to do anything, which might lead to a collision with the provincial authorities, they thought it necessary to take measures to protect their territory from invasion and their citizens from capture. They accordingly recommended the governor to issue a general order calling upon the militia to hold themselves in readiness to act whenever called upon.

A representation was made by the Secretary of State to the British minister at Washington, remonstrating against these proceedings of the provincial government, and through him the release of the prisoners was obtained.

The difficulty however was not adjusted in this manner. The award of the King of Holland had not only undertaken to give to England territory belonging to the State of Maine: but it had departed from the terms of the submission and had rather advised a compromise, than decided a controversy. It was therefore deemed invalid; and the State of Maine contended, that the federal government was not competent to make a treaty, by which a state was to be deprived of any portion of its territory. This position might not have borne a thorough examination: but it would have been embarrassing to a cabinet, that had already construed the sovereignty of a state, so far as it concerned her territory, to be paramount to the treaty making power of the national gov

ernment.

On the other hand the British government professed its readiness to carry the award into ef fect, and however correct the government of the United States might be in refusing to regard the advice of the arbiter as a decision under the treaty, it would neither have been right nor expedient, to question its own power to make a valid treaty for the final adjustment of the controversy. In this dilemma the administration commenced a negotiation with the State of Maine, with the view of obtaining its consent to the cession of the territory in dispute.

The State of Massachusetts was interested equally with Maine in the property of the soil, and had expressed its determination to sustain the rights of her sister state in the controversy. It was therefore necessary for the two states to act in concert, in the adjustment of a question where they were jointly interested.

This however was not deemed expedient by the governing party in Maine; and William P. Preble was appointed an agent on her part to arrange the terms, upon which that State would consent to the execution of the treaty. After some negotiation Mr Preble addressed a letter to the governor of Maine, advising the State to cede to the United States her claim to the territory, beyond the boundary line recommended by the arbiter for an ample indeinnity.

The motive to this advice was not communicated to the public, nor was any information given as to what indemnity was expected; but a confidential message was

transmitted by Governor Smith to the Legislature, informing that body of the advice of the agent, and stating his belief, that an adequate compensation would be made by the United States for the loss of territory. As this belief was founded upon a secret arrangement between the agent and some members of the federal government, the terms were not communicated to the legislature; but enough was stated to leading members of the administration party, to secure the assent of the State Senate to resolutions in favor of a treaty between the State and the United States, in relation to the cession. This treaty, however, was not to be binding upon the State, until it had been formally ratified by the legislature; and the resolutions were directed to be sent to the governor of Massachusetts, in order that measures might be taken by that State for the protection of her interests in the ceded territory.

The Senate passed these resolutions without much opposition, but in the House more light was required upon the agreement with the federal government.

In answer to this requisition, the governor laid before the legislation all the official letters of the agent, except one letter marked private and confidential, and containing the substance of the proposed arrangement, which he declined to lay before that body; and instead thereof he informed the House, that it was in the hands of the chairman of the committee to be used by him according to his discretion. This extraordinary mode of transacting public business, by confining all

knowledge of the terms of an arrangement affecting the interests of the whole State to the dominant party, appeared so opposed to the principles of a free and constitutional government, that it provoked severe animadversions from the periodical press. The public mind however was now too much under the influence of party feeling, to be affected by any appeals to reason, and the resolutions were passed by a majority of the House, 80 yeas, 69 nays.

When these proceedings were communicated to the governor of Massachusetts, he requested the governor of Maine to furnish for the information of the government of Massachusetts, copies of the correspondence, in relation to the disputed territory.

This request was not complied with, on the ground that most of that correspondence was private and confidential, which he was not authorized to make public.

The course of the government of Maine was not well calculated to ensure the confidence of her sister state, and nothing was done by the latter to sanction an arrangement, the terms of which they were not permitted to know.

In the Senate of the United States, the executive met with even less success in seeking to avoid the responsibility of deciding upon the validity of the award. Shortly after the opening of Congress, he transmitted the award and accompanying documents to the Senate with a message, stating that the British government had demanded the execution of the award, and requesting the advice of that body.

Mr Sprague of Maine, when the

subject came under consideration, (January 24, 1832) offered resolutions denying the power of the general governinent to cede any portion of the territory of a State without the consent of that State; and asserting that in establishing the exterior limits of the United States, it could only establish the true boundary as described in the treaty of 1793; that the arbiter had in effect undertaken to decide a question never submitted to him; and that his award being beyond the submission was not binding upon the United States. President was accordingly advised to commence a new negotiation with the British government, to establish the true boundary according to the treaty of 1783.

The

These resolutions were referred to the committee on foreign relations and on the 21st of March Mr Tazewell brought in a report from that committee advising the President to inform the King of the Netherlands, that the Uni

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