It is alledged, however, by the defenders of this memorable campaign, that this band of Sacs had, in violation of the treaties of 1804, 1816 and 1825, continued to remain upon and cultivate the land on Rock river, ceded to the United States, after it had been sold by the United States to individual citizens of Illinois and other states—that they had refused positively to remove to the west side of the Mississippi—that they had endeavored to persuade some of the neighboring tribes to unite with them in defending this land against the rightful occupancy of the white purchasers—that they had “threatened to kill” them—“thrown down their fences”—on some occasions “hurt” said settlers—“stole their potatoes” saying they had not sold these lands—otherwise “acted in a most outrageous manner,” and finally, in the words of the capitulation on the 30th June, 1831, “assumed the attitude of actual hostility towards the United States, and had the audacity to drive citizens of the state of Illinois, from their homes.” Admitting these allegations to be true, what may be said in behalf of the party against which they are made? It may be replied, that under the treaty of 1804, the Indians had an undoubted right to “live and hunt” upon the land ceded by that treaty, so long as it remained the property of the United States: that as early as 1823-4 the whites had intruded upon the land on Rock river around the principal village of the Sacs and Foxes—the United States neglecting to have these intruders removed, as by the treaty they were solemnly bound to do: that these whites frequently beat the Indian men, women, and children with sticks, destroyed their corn fields, distributed whiskey among them, cheated them out of their furs and peltries and on one occasion, when the Indians were absent on a hunting excursion, set fire to some thirty or forty of their lodges, by which many of them were totally destroyed.
These outrages were perpetrated before a single acre of the land upon Rock river, had been sold by the United States, and when in fact, the regular frontier settlements of Illinois, had not approached within fifty miles of the Sac village. Consequently they were committed in express violation of the most solemn treaties and of the laws of the United States, for the protection of the Indians. In 1829, clearly with a view, on the part of those who brought about the measure, of evading the force of that article of the treaty of 1804, which permitted the Indians to live and hunt upon these lands, so long as they