In the period between the conclusion of this treaty and the year 1789 it was undoubtedly the opinion of Congress that the relinquishment of territory thus made by Great Britain, without so much as a saving clause guaranteeing the Indian right of occupancy, carried with it an absolute and unqualified fee-simple title unembarrassed by any intermediate estate or tenancy.  In the treaties held with the Indians during this period—­notably those of Fort Stanwix, with the Six Nations, in 1784, and Fort Finney, with the Shawnees, in 1786—­they had been required to acknowledge the United States as the sole and absolute sovereign of all the territory ceded by Great Britain.

This claim, though unintelligible to the savages in its legal aspects, was practically understood by them to be fatal to their independence and territorial rights.  Although in a certain degree the border tribes had been defeated in their conflicts with the United States, they still retained sufficient strength and resources to render them formidable antagonists, especially when the numbers and disposition of their adjoining and more remote allies were taken into consideration.  The breadth, and boldness of the territorial claims thus asserted by the United States were not long in producing their natural effect.  The active and sagacious Brant succeeded in reviving his favorite project of an alliance between the Six Nations and the northwestern tribes.  He experienced but little trouble in convening a formidable assemblage of Indians at Huron Village, opposite Detroit, where they held council together from November 28 to December 18, 1786.

These councils resulted in the presentation of an address to Congress, wherein they expressed an earnest desire for peace, but firmly insisted that all treaties carried on with the United States should be with the general voice of the whole confederacy in the most open manner; that the United States should prevent surveyors and others from crossing the Ohio River; and they proposed a general treaty early in the spring of 1787.  This address purported to represent the Five Nations, Hurons, Ottawas, Twichtwees, Shawanese, Chippewas, Cherokees, Delawares, Pottawatomies, and the Wabash Confederates, and was signed with the totem of each tribe.

Such a remonstrance, considering the weakness of the government under the old Articles of Confederation, and the exhausted condition immediately following the Revolution, produced a profound sensation in Congress.  That body passed an act providing for the negotiation of a treaty or treaties, and making an appropriation for the purchase and extinguishment of the Indian claim to certain lands.  These preparations and appropriations resulted in two treaties made at Fort Harmar, January 9, 1789, one with the Six Nations, and the other with the Wiandot, Delaware, Ottawa, Chippewa, Pottawatima, and Sac Nations, wherein the Indian title of occupancy is clearly acknowledged.  That the government so understood and recognized this principle as entering into the text of those treaties is evidenced by a communication bearing date June 15, 1789, from General Knox, then Secretary of War, to President Washington, and which was communicated by the latter on the same day to Congress, in which it is declared that—­