greater
part of the time they were in St. Louis.

"This is all myself or nation knew of the treaty of 1804. It has been
explained to me since. I find by that treaty, all our country east of
the Mississippi, and south of the Jeffreon was ceded to the United
States for one thousand dollars a year! I will leave it to the people of
the United States to say, whether our nation was properly represented in
this treaty? or whether we received a fair compensation for the extent
of country ceded by those four individuals. I could say much more about
this treaty but I will not at this time. It has been the origin of all
our difficulties." p. 27.

The power among the Indian tribes of this country to sell their lands,
has always been considered as vested in the chiefs. They, however, are
accustomed to consult the whole nation, and, possibly, it may be
necessary, in all cases, that its assent should be obtained. It has not
been the practice of our government, it is believed, in its negotiations
with the Indians, to institute particular enquiries for the purpose of
ascertaining, how far the chiefs were authorized to act by their people.
A number of treaties have been formed, at different times, in which the
chiefs must have acted under the general authority with which they are
clothed on this point; the circumstances of the case being such, as to
have precluded all opportunity of their ascertaining the sense of the
tribes, after the negotiations had been commenced.

In the case under consideration, notwithstanding the statement of Black
Hawk, there was every reason, especially on the part of the
Commissioner, for believing, that the chiefs who signed the treaty, were
fully authorized to act. In the first place, Government, in its
instructions to the Commissioner, to make a purchase of lands, of the
Sacs and Foxes, had given as a reason for it, that it was a matter of
complaint, on the part of these two tribes, that they were not, like
their neighbors, receiving an annuity from the United States. They owned
a very large extent of territory, and had, comparatively, but a limited
population. It was natural that they should wish to dispose of some
portion of it, for the purpose of receiving an annual supply of goods
and money. In the second place, five chiefs of the Sacs and Foxes,
united in the treaty, one of them, Pah-she-pa-ho, being at the time the
great head-chief of the Sac nation. It is admitted by Black Hawk that a
council had