“On their arrival at St. Louis, they met their American father, and explained to him their business, and urged the release of their friend.  The American chief told them he wanted land, and they agreed to give him some on the west side of the Mississippi, and some on the Illinois side opposite the Jeffreon.  When the business was all arranged, they expected to have their friend released to come home with them.—­But about the time they were ready to start, their friend was led out of prison, who ran a short distance and was shot dead.  This is all they could recollect of what was said and done.  They had been drunk the 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