As we’ve covered in recent episodes, with the war over, the United States focused on its western lands. Real estate was the number one asset of the new country, and desperately needed to pay down its war debts. Congress had also made promises of land grants to soldiers during the war, and hoped to use these western lands to make good on its promises to those veterans.
Treaty of Fort Stanwix
The Treaty of Paris gave the United states undisputed control of all the land east of the Mississippi River - from the Great Lakes to the Gulf of Mexico. That treaty, however, was between the US and Britain. It did not address the claims of the Native Americans who were actually living on that land. In order for American settlers to take possession of that land, there would have to be some sort of agreement with the existing claimants of the land.
In 1784, Congress sent a delegation of three men to meet with representatives of the Iroquois to negotiate for control over the Ohio Valley. Arthur Lee, Oliver Wolcott, and Richard Butler, Arthur Lee travelled to Fort Stanwix, also known as Fort Schuyler, to open discussions.
I’ve mentioned Arthur Lee before. The Virginian had spent most of the Revolutionary War in Europe as part of the diplomatic team that tried to develop European alliances. Lee seemed to spend most of his time there badmouthing his fellow delegates and trying to obtain more power for himself. He returned to America near the end of the war, and took a seat in the Continental Congress.
Oliver Wolcott was from Connecticut. He had seen action against the Indians during the French and Indian War. His experience with the Indians led to his appointment as a Commissioner of Indian Affairs early in the Revolution, with the goal of trying to keep the Iroquois neutral.
He had served on and off in the Continental Congress during the war, and also served as a General of militia for Connecticut. General Wolcott led militia in the Saratoga Campaign, and spent much of the war fighting loyalists and Iroquois in upstate New York.
Richard Butler grew up on the Pennsylvania frontier, where his family made rifles. He grew up in an atmosphere of regular Indian raids on his and neighboring settlements. When the Revolution began Congress named Butler as a Commissioner. At the time, Butler was living near Fort Pitt, working as an Indian trader. Butler’s goal as a commissioner was to keep the Delaware and Shawnee neutral during the war with Britain.
Butler went on to serve as a Continental officer, rising to the rank of colonel, serving under Colonel Daniel Morgan for much of the early war, then commanding his own regiment. Butler continued in Army service through Yorktown and went home only when the Continental Army disbanded. Butler also had a son with a Shawnee woman named Nonhelema, the sister of Cornstalk, a Shawnee leader who had been executed by American militia in 1777.
Although they took no formal role in the negotiations, James Monroe and the Marquis de Lafayette both visited the area. Monroe arrived ahead of the Congressional delegation, on his way to look at land investments in the west. Lafayette stopped in during negotiations, as part of a nationwide post-war tour of America.
For the Iroquois, there were a number of leaders present, twelve of them signed the eventual treaty. Among the leaders was Joseph Brant, whom I have discussed many times for his role during the Revolution on behalf of the British. Brant was a Mohawk chief, and also commissioned as a captain in the British regular army. He had led numerous raids against the Americans during the war.
Also present was the Seneca Chief Cornplanter, who had also led active fighting against the Americans during the Revolution. Cornplanter had led his warriors in the siege of Fort Stanwix in 1777, and continued to fight alongside Brant and other loyalists until the end of the war.
With the war at an end, Cornplanter found himself once again at Fort Stanwix, meeting with the American delegation from Congress, seeking to force him and the others to cede western lands.
Fort Stanwix had been the site of an earlier treaty in 1768, when the Iroquois ceded lands south of the Ohio River to British agents. Meeting again in 1784, American agents demanded a cession of lands north of the Ohio River.
Brant informed the Americans that, while they were there to establish peace with the United States, they were not there to cede land. The Iroquois, however, were in a poor negotiating position. They had divided among themselves during the war, with four tribes supporting the British and two supporting the Americans. In their negotiations over the land in upstate New York, they knew the British had ceded any interest in the land and had no inclination to provide them with any military assistance should they continue to try to occupy their ancestral lands.
Over the summer, before the Congressional delegation even arrived, New York authorities, under Governor Clinton, were trying to force a cession of these lands to be opened to settlement. The commissioners from Congress who were supposed to arrive that summer, never showed up. Brant eventually left. He had to return to Quebec where he was working with the departing Governor Haldimand to put down on paper the promised land claims for the Mohawk that had lost lands in New York because of their support of the British. They were promised new lands in Quebec. Brant also planned to sail for London before winter set in to make his case for compensation to officials in London.
The Congressional delegation finally arrived in early September. One of their first actions was to take the Indian chiefs as hostages, to be exchanged from American prisoners still held by various tribes. Without any real military might, the native delegation had no real bargaining power. They were forced to sign a treaty agreeing that they would continue to be held hostage until the return of all American prisoners.
They were also forced to cede most of their claims to their homelands. Only the Oneida and Tuscarora, which had remained allied with the Americans, would keep their home lands. Claims to what is today most of southern New York and Northern Pennsylvania, as well as Ohio, were given up following negotiations with the New York and Pennsylvania delegations. In exchange the commissioners made vague promises to order and deliver goods for the use of the Six nations.
The treaty was essentially a forced land grab. Without any military backing, the natives were forced to concede. None of the Indian councils who reviewed the treaty agreed to ratify it and many disavowed it. But as far as the Americans were concerned, it gave them claims to the land.
Treaty of Fort McIntosh
Having concluded the treaty, two of the Commissioners, Arthur Lee and Richard Butler, traveled to western Pennsylvania to secure lands from the local tribes as well. The third commissioner, Oliver Wolcott, returned home to the east. The commissioners arrived at Fort McIntosh, about 25 miles north of Fort Pitt. There they met the third Commissioner, George Rogers Clark.
Following his war service for Virginia in securing western lands, Clark worked as a surveyor of western lands, to be used to make good on promises to war veterans. Clark had been fighting with Indians for most of his life, and had become a leading advocate for the removal or destruction of the Indians generally. The local militia seemed to share this sentiment, as I’ve discussed in previous episodes. Several massacres in the region, including the Gnadenhutten massacre of Indian pacifists demonstrated the level of vitriol that had grown between the two groups.
Fort McIntosh had been built during the war as part of the American effort to push westward into Ohio, with the ultimate hope of taking British occupied Detroit. Hostile native receptions prevented this from happening. When the war ended, the Continentals turned over Fort McIntosh to the State of Pennsylvania
Originally, the commissioners hoped to meet at Cuyahoga (which is near modern day Cleveland) but opted for Fort McIntosh. Concerns for safety, not only from Indians but also the brutal winter weather, caused the commissioners to call for the negotiations to take place at Fort McIntosh, where hundreds of Pennsylvania soldiers secured the area.
Like the treaty of Fort Stanwix, the conference at Fort McIntosh primarily consisted of the Americans dictating terms to the Indians. Once again, the Americans took hostages from the Indian leaders, demanding they remain until the return of American prisoners taken by various tribes during the war.
The treaty made clear that these tribes were now under the "protection" of the United States. Any claims by Britain, France, Spain, the Iroquois, or anyone else were no longer relevant.
The document forced the various tribes present: including Delawares, Wyandots, Chippewas, and Ottawas, to cede large portions of land, leaving them with reserved lands in about one-third of what is today the state of Ohio. The Indians protested, noting that in previous treaties, they were guaranteed all lands north of the Ohio River. The American response was simply that the US claimed these lands by right of conquest. The Americans offered nothing in return for this land cession other than an agreement that they would not continue war against these various tribes.
The Indian leaders present signed the treaty, which was finalized on January 21, 1785. Like the treaty of Fort Stanwix, the agreement was largely repudiated and rejected by the tribes that lived on the land. As far as Congress was concerned though, this treaty confirmed that the land was now legally the property of the United States.
Land Ordinance of 1785
With Congress satisfied that it held a proper claim to these western lands, it once again took up the issue of how to distribute these lands and form new states. As we covered in Episode 334, Thomas Jefferson had helped to push through a bill that laid out a series of rectangular states that would constitute new states to join the Union once they met certain population levels. Shortly after its passage, Jefferson left to take a diplomatic post in Paris. This all happened back in 1784.
When Congress took up the matter again in the spring of 1785, it established a new committee headed by Virginia delegate William Grayson.
During the Revolutionary War, Grayson had served as an officer in the Continental Army, for a time as aide-de-camp to George Washington. During the later part of the war, Grayson served on the Board of War. In 1781, he resigned and returned home to resume his legal practice. In 1784, he took Arthur Lee’s seat in the Virginia House of Delegates when Lee left to serve in the Continental Congress. A year later, Grayson also joined the Virginia delegation to the Continental Congress.
In April, 1784, Grayson’s committee got down to business in deciding how to deploy these western lands. The work was largely based on Jefferson’s outline from 1784, but went on to define exactly how all the land would be subdivided and distributed. The committee took a few weeks to work out the details, then presented their plan to Congress, which adopted it on May 20.
The Ordinance called for surveyors to create a grid of square townships, each six miles by six miles. Within each township a one-seventh portion would be turned over to the Secretary of War for the use of Continental Army veterans. The board of treasury would be permitted to sell other lots. Certain lots would be reserved for the establishment of a public school in each township. Others would be held by Congress for future sales.
It might seem odd that one-seventh was reserved for veterans in a six by six mile township. The reason for this was that the townships were originally set to be seven by seven miles. Congress later changed the total size of the townships to six by six, but never changed the portion set aside for veterans.
The distribution of lots within each township was very specific. Certain lots in the center of each township were reserved for the school or for the government. Each lot would be one mile square (640 acres). Each lot would be numbered, beginning with one in the southeast corner, then numbering north to lot six, then starting at the bottom on the next column with lot seven, continuing until lot 36 in the northwest corner of each township.
Surveys would not only mark the grids and place markers between each lot. They would also note any distinguishing characteristics, such as water, mountains, etc.
Officers would receive land grants ranging from 1100 acres for a major general to 150 acres for an ensign. Enlisted soldiers would receive 100 acres. Land that was not given to soldiers or retained by the government would be sold publicly at $1 per acre. Any lots that remained unsold after 18 months would be returned to the Board of Treasury.
The purpose of all this was to ensure a fairer distribution of land. All land in a township would be surveyed before being sold and distributed. This was different from some of the older methods were lands were handed over to agents who greatly enriched themselves before turning over much of the land to others.
Even with the careful planning, the land distribution had its share of problems. Because land sales required a cash purchase of a 640 acre lot, most regular people could not afford to buy that much. As a result, much of the land was sold to wealthy speculators, with a large portion just going unsold.
Many people simply moved onto the frontier lands and squatted on land not being used by anyone else. This would lead to fights when someone actually bought the land and had to evict the squatters.
As I said, most of the Indian tribes already living on the land refused to recognize the legitimacy of the treaties that took their land. As a result, many settlers would have to fight it out with the Indians for control of the land.
Treaty of Fort Finney
Even while Congress was in the process of working out this Land Ordinance of 1785 as it would be called, its commissioners continued to try to settle matters with the various tribes in Ohio. Richard Butler and George Rogers Clark made their way to the area near modern day Cincinnati to meet with the local Shawnee who had largely ignored the Treaty of Fort McIntosh. Traveling with them was Colonel James Monroe, who was doing his own survey of western lands. Arthur Lee, who had been the third commissioner at Fort McIntosh, returned east to New York where he took up a position on the Board of Finance.
As the men moved deeper into Indian territory, they took with them a company of infantry under the command of Captain Walter Finney. In October of 1785, upon their arrival, the soldiers built four block houses surrounded by a wall. They named it Fort Finney.
About a month later, Butler and Clark were joined by a new third commissioner, Samuel Holden Parsons. The former general from Connecticut received a Congressional appointment in September of 1785 to join the other commissioners “for the extinguishment of the Indian Claims to lands northwest of the Ohio.” Parsons made his way to Pittsburgh, where he moved down the Ohio River toward Fort Finney with a force of about forty men in several small boats. Along the way, the boats were attacked by Indians, but managed to continue down the river without any casualties. They also came across settlers that were moving into the area without any legal basis for doing so.
Parsons arrived at Fort Finney on November 13. The fort was still under construction, but had not suffered any attacks. The commissioners were still awaiting the arrival of Shawnee, Wyandot, and Delaware chiefs to conduct their business. Discussions began a few weeks later with the arrival of several tribal delegations. While Wyandot and Delaware had arrived, the Shawnee remained absent. After some preliminary discussions in December, the commissioners left on another excursion to explore the area.
By mid-January, large numbers of Shawnee began to arrive. Once again, the commissioners dictated pretty one-sided terms for peace, similar to those at Fort Stanwix and Fort McIntosh. The natives would have to leave hostages at Fort Finney to guarantee the return of all prisoners being held by the Indians. The Shawnee must acknowledge the US as the “sole and absolute sovereign” of this territory. That they should turn over any individuals who killed, injured, or robbed settlers in the future. The area of Central Ohio, which had been defined at Fort McIntosh would be reserved for the Indians. They would have to give up all other land.
While some Indian negotiators proposed other terms the commissioners were unwilling to negotiate. They were providing the terms necessary for peace. The Indians had no choice but to accept, or remain at war with the United States.
Given that most other tribes had already accepted the terms, the Shawnee agreed and signed the Treaty of Fort Finney on February 1, 1786.
Like the earlier treaties, many tribal leaders not present later rejected the terms, as did some who were at the treaty signing. This would not be the end of fighting. It was, however, the end of the work for these commissioners. The men returned east.
Several commissioners noted passing settlers already heading west. These were squatters with no legal claims to the land, as none had been issued yet. Despite the risks, settlers were already moving in to claim their piece of the frontier. Westward expansion waited for no one.
Next week: Key leaders meet at Mount Vernon to discuss the chaos that is growing under the Articles of Confederation.
- - -
Next Episode 337 Mount Vernon Conference
Previous Episode 335 State of Franklin
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Further Reading
Websites
Treaty of Fort Stanwix, 1784: https://americanindian.si.edu/static/nationtonation/pdf/Treaty-of-Fort-Stanwix-1784.pdf
Bushnell, David I. “A Journey Through the Indian Country Beyond the Ohio, 1785.” The Mississippi Valley Historical Review, vol. 2, no. 2, 1915, pp. 261–62. JSTOR, https://doi.org/10.2307/1887064
Treaty of Fort McIntosh, 1785: https://beaverheritage.org/treaty-of-fort-mcintosh
Geib, George W. “The Land Ordinance of 1785: A Bicentennial Review.” Indiana Magazine of History, vol. 81, no. 1, 1985, pp. 1–13. JSTOR, http://www.jstor.org/stable/27790853
Land Ordinance of 1785: https://www.in.gov/history/about-indiana-history-and-trivia/explore-indiana-history-by-topic/indiana-documents-leading-to-statehood/land-ordinance-of-1785
Treaty with the Shawnee, 1786: https://treaties.okstate.edu/treaties/treaty-with-the-shawnee-1786-0016
Free eBooks
(from archive.org unless noted)
Bausman, Joseph H. History of Beaver County Pennsylvania, New York: Knickerbocker Press, 1904.
Hall, Charles S. Life and Letters of General Samuel Holden Parsons, Binghamton, NY: Otseningo Pub. Co. 1905.
Lee, Richard Henry (ed) Life of Arthur Lee, LL. D., joint commissioner of the United States to the court of France, and sole commissioner to the courts of Spain and Prussia, during the Revolutionary War, Vol. 2, Boston: Wells and Lilly, 1829.
Treat, Payson J. The National Land System, 1785-1820, New York: E.B. Treat, 1910.
Books Worth Buying
(links to Amazon.com unless otherwise noted)*
Burnett, Edmund Cody, The Continental Congress, Macmillan Co. 1941 (borrow on Archive.org).
Graymont, Barbara The Iroquois in the American Revolution, Syracuse Univ. Press, 1972 (borrow on archive.org).
Kelsay, Isabel Thompson, Joseph Brant, 1743-1807, Man of Two Worlds, Syracuse Univ. Press, 1984
Potts, Louis W. Arthur Lee, A Virtuous Revolutionary, Louisiana State Univ. Press, 1981 (borrow on archive.org).
* As an Amazon Associate I earn from qualifying purchases.
