been held by these two tribes, and that Pah-she-pa-ho and
his associates had been authorized to visit St. Louis to purchase the
release of a prisoner. It is probable that the sale of a part of their
territory may have been agreed upon by this council. In the third place,
there must have been a prevailing opinion in St. Louis, that these
chiefs were authorized to act in the case. The treaty was publicly made,
and a number of high-minded and honorable men, are parties to it, in the
character of commissioner, secretary, and witnesses. Among them are
several officers of the army; the first governor of the territory of
Louisiana; and Pierre Chouteau, at that time Agent for the Sac and Fox
Indians, and well acquainted with them. These circumstances forbid the
idea of the treaty having been formed under circumstances in which there
were not satisfactory reasons for believing, that the Indians, parties
to it were fully authorized to act.

Black Hawk is mistaken in some things about this treaty, and it may be
that he has been misinformed in regard to the authority of his chiefs to
make this sale of their lands. He says, for instance, that the treaty
was made some moons after the return of Lieutenant Pike from the sources
of the Mississippi; when in fact Pike did not leave St. Louis upon his
expedition, until the 9th of August 1805, nearly a year after the date
of the treaty. Again, he says, it was made by four of the chiefs. The
treaty is signed by five. But admitting that the deputation of chiefs
transcended their authority in the sale of the lands, made at that time,
it would seem that the Sacs and Foxes acquiesced in it. They never
disavowed the treaty, but have regularly received their annuity, and, on
more than one occasion, have recognized it, as binding. Even Black Hawk
and his band, made this recognition, in the treaty of peace which they
signed with the United States, at Portage des Sioux, in 1816.

It may be questioned, however, whether good faith towards the Indians
and a due regard to national honor, do not make it expedient that our
government should invariably hold its treaties with them, in their own
country, and in the midst of the tribe owning the lands proposed to be
purchased. In such case, the assent of all the Indians might be
obtained, and the charge of having formed a fraudulent treaty, with
unauthorized individuals, could never be raised. The peculiar relation
subsisting between the government of the Unit