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army was only saved from destruction by the rising of the sun, which rendered the enemy visible. Such a battle had not been fought since St. Clair's defeat, and the sensation produced throughout the Union was immense. Numbers of the Indians had been slain by the broadsword, in their retreat. This battle was not, however, fought by Tecumseh, who was them absent on a mission to the Creeks, his relatives by his mother's side. Thus commenced a new Indian war.

EXHIBIT 383.

Indian Land Tenure.

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The Spaniards always acted complacently on their own church theory, that, as heathen territory belonged to Christians, no title-deeds were necessary to transfer its ownership.

The French, according to the purpose and method of their errand and occupancy here, seemed never to have thought of the propriety of asking leave or of acquiring a title from the natives.

They were not bent upon establishing cleared farms and townships, like the English. They never objected, as did the English, to the unrestrained natives circulating among them, and keeping up a free intercourse. It seems never to have occurred to them to ask for the transfer to them, by covenents, of bounded tracts of land. The French took up their first permanent residence in the territory of the Algonquins and Hurons, making themselves agreeable to the natives at first by profitable trade, and soon afterwards necessary as allies against their ruthless enemies the Iroquois. These Iroquois, who were in amicable relations with the Dutch, were deadly enemies of the French, because the latter were in alliance with the Hurons. The powerful Iroquois were themselves invaders, and held by conquest the splendid region at the center and west of New York. They drove out the previous occupants. The strife between them and the Adirondacks of Canada continued more than half a century after the early voyages of the French in 1535.

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Geo. E. Ellis, Red Men and White, p. 220.

(P. 255] * The Indian never asserted any rights strictly as a person, an individual, to a single foot of territory on this continent, not even to that on which he planted his lodge; the law of the white man has made but a faint, shadowy, and vacillating recognition of any such rights of an individual Indian. Thus, instead of the three securities and appliances which the land-owner in a civilized community enjoys, the Indian has but one; namely, such as he may find in the sympathy and helpful engagement of his tribe to vindicate a claim common to all its members. Hence the United States Government in its treaties with the natives for the cession of territory has never made the slightest recognition of any individual proprietary rights among them; It has always delt with them as tribes, often with a very loose estimate of their numbers, -as the proprietors of some of the great Western ranches sell out their cattle as stock, in the gross, without an inventory by count. Thus the Government perpetuates the theory that there are no individual rights among the Indians; they have but the same claims to a common pasturage as a herd of cattle, or of buffalo, when they shift their range.

The Indian Medals.2

[P. 523] It had been the custom of British officers and commissioners in our colonial times to give to Indian chiefs with whom they had friendly relations medals, often of silver, * Commissioners had been appointed by Congress in 1786 to gather up these medals from the chiefs, and to substitute republican for royal devices. The first of our medals was that given by Washington to the famous Chief Red Jacket, on his visit to Philadelphia in 1792 on a peace embassy.

Red Jacket was very proud of this medal; and though he often pledged it for whiskey, it escaped the meltingpot, and was recently in the possession of the well-known General E. S. Parker, an educated Seneca Indian, who was on General Grant's staff.

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EXHIBIT 384.

Life of the Prophet.1

Tenskwatawa (Ten-skwa'-ta-wa skwate'door,' thénui 'to be open': 'The Open Door'; called also Elskwatawa.-Gatschet). The famous "Shawnee Prophet," twin brother of Tecumseh prominent in Indian and American history immediately before the War of 1812. His original name was Lalawéthika, referring to a rattle or similar instrument. According to one account he was noted in his earlier years for stupidity and intoxication; but one day, while lighting his pipe in his cabin, he fell back apparently lifeless and remained in that condition until his friends had assembled for the funeral, when he revived from his trance, quieted their alarm, and announced that he had been conducted to the spirit world. In Nov. 1805, when hardly more than 30 years of age, he called around him this tribesmen and their allies at their ancient capital of Wapakoneta, within the present limits of Ohio, and announced himself as the bearer of a new revelation from the Master of Life. “He declared that he had been taken up to the spirit world and had been permitted to lift the veil of the past and the future—had seen the misery of evil doers and learned the happiness that awaited those who followed the precepts of the Indian god. He then began an earnest exhortation, denouncing the witchcraft practices and medicine juggleries of the tribe, and solemnly warning his hearers that none who had part in such things would ever taste of the future happiness. The firewater of the whites was poision and accursed; and those who continued its use would be tormented after death with all the pains of fire, while flames would continually issue from their mouths. This idea may have been derived from some white man's teaching or from the Indian practice of torture by fire. The young must cherish and respect the aged and infirm. All property must be in common, according to the ancient law of their ancestors. Indian women must cease to intermarry with white men; the two races were distinct and must remain

The white man's dress, with his flint and steel, must be discarded for the old-time buckskin and the firestick. More than this, every tool and every custom derived from the whites must be put away, and the Indians must return to the methods the

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Bureau of American Ethnology, Handbook of American Indians, Bulletin 30, Pt. 2, p. 729.

Master of Life had taught them. When they should do all this, he promised that they would again be taken into the divine favor, and find the happiness which their fathers had known before the coming of the whites. Finally, in proof of his divine mission, he announced that he had received power to cure all diseases and to arrest the hand of death in sickness or on the battlefield" (Drake, Life of Tecumseh). The movement was therefore a conservative reaction against the breakdown of old customs and modes of life due to white contact, but it had at first no military object, offensive or defensive.

Intense excitement followed the prophet's announcement of his mission, and a crusade commenced against all suspected of dealing in witchcraft. The prophet very cleverly turned the crusade against any who opposed his supernatural claims, but in this he sometimes overreached himself, and lost much of his prestige in consequence.

He now changed his name to Tenskwatawa, significant of the new mode of life which he had come to point out to his people, and fixed his headquarters at Greenville, Ohio, where representatives from the various scattered tribes of the N. W. gathered about him to learn the new doctrines. To establish his sacred character and to dispel the doubts of the unbelievers he continued to dream dreams and announce wonderful revelations from time to time. A miracle which finally silenced all objections was the prediction of an eclipse of the sun which took place in the summer of 1806; this was followed by his enthusiastic acceptance as a true prophet and the messenger of the Master of Life. The enthusiasm now spread rapidly, and emissaries traveled from tribe to tribe as far as the Seminole and the Siksika, inculcating the new doctrines. Although this movement took much the same form everywhere, there were local variations in rituals and beliefs. Prominent among these latter was a notion that some great catastrophe would take place within four years, from which only the adherents of the new prophet would escape. In most places the excitement subsided almost as rapidly as it had begun, but not before it had given birth among the Northern tribes to the idea of a confederacy for driving back the white people, one which added many recruits to the British forces in the War of 1812. Its influence among Southern tribes was manifested in the bloody Creek war of 1813. The prophet's own influence, however, and the prestige of the new faith were destroyed by Harrison's victory in the vicinity of the town of Tippecanoe, where he had collected 1,000 to 1,200 converts, Nov. 7, 1811. After the War of 1812 Tenskwatawa received a pension from the British government and resided in Canada until 1826, when he rejoined his tribe in Ohio and the following year moved to the w. side of the Mississippi, near Cape Girardeau, Mo. About 1828 he went with his band to Wyandotte co., Kans., where he was interviewed in 1832 by George Catlin, who painted his portrait, and where he died, in Nov. 1837, within the limits of the present Argentine. His grave is unmarked and the spot unknown. Although his personal appearance was marred by blindness in one eye, Tenskwatawa possessed a magnetic and powerful personality, and the religious fervor he created among the Indian tribes, unless we except that during the recent "ghost dance" disturbance, has been equaled at no time since the beginning of white contact.

EXHIBIT 385.

Treaty between the United States and Great Britain. Provisional Articles Agreed Upon By and Between Richard Oswald,

Esquire, The Commissioner of His BritannicMajesty, for Treating of Peace with the Commissioners of the United States of America, in Behalf of His Said Majesty on the One Part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, Four of the Commissioners of the Said States for Treating of Peace with the Commissioner of His Said Majesty, on Their Behalf, on the Other Part. To Be Inserted in, and to Constitute the Treaty of Peace Proposed to be Concluded Between the Crown of Great Britain and the Said United States; But which Treaty is not to be Concluded until Terms of a Peace Shall Be Agreed Upon Between Great Britain and France, and His Britannic Majesty Shall Be Ready to Conclude

Such Treaty Accordingly. Concluded November 30, 1782. Proclamation ordered by the Continental Congress April 11, 1783.

Whereas reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of

Treaties, Conventions, International Acts, Protocols and Agreements between the United States and other Powers, 1776-1909. Malloy, Vol. 1, p. 580.

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