America and Indian race — страница 14

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and talked of friendship. The governor of Louisiana met southern Indians at Mobile. The English, reluctantly, found themselves competing on the same basis with annual gifts. Still later, United States peace commissioners were to offer permanent annuities in exchange for tribal concessions of land or other interests. In contrast to the French, the English were primarily interested in land and permanent settlements; beginning quite early in their occupation, they felt an obligation to bargain with the Indians and to conclude formal agreements with compensation to presumed Indian landowners. The Plymouth settlers, coming without royal sanction, thought it incumbent upon them to make terms with the Massachuset Indians. Cecilius Calvert (the 2nd Baron Baltimore) and William Penn,

while possessing royal grants in Maryland and Pennsylvania respectively, nevertheless took pains to purchase occupancy rights from the Indians. It became the practice of most of the colonies to prohibit indiscriminate and unauthorized appropriation of Indian land. The usual requirement was that purchases could be consummated only by agreement with the tribal headman, followed by approval of the governor or other official of the colony. At an early date also, specific areas were set aside for exclusive Indian use. Virginia in 1656 and commissioners for the United Colonies of New England in 1658 agreed to the creation of such reserved areas. Plymouth Colony in 1685 designated for individual Indians separate tracts that could not be alienated without their consent. In spite of these

official efforts to protect Indian lands, unauthorized entry and use caused constant friction through the colonial period. Rivalry with the French, who lost no opportunity to point out to the Indians how their lands were being encroached upon by the English; the activity of land speculators, who succeeded in obtaining large grants beyond the settled frontiers; and, finally, the startling success of the Ottawa chief Pontiac in capturing English strongholds in the old Northwest (the Great Lakes region) as a protest against this westward movement, together prompted King George III's ministers to issue a proclamation (1763) that formalized the concept of Indian land titles for the first time in the history of European colonization in the New World. The document prohibited issuance of

patents to any lands claimed by a tribe unless the Indian title had first been extinguished by purchase or treaty. The proclamation reserved for the use of the tribes "all the Lands and Territories lying to the Westward of the sources of the Rivers which fall into the Sea from the West and Northwest. ”Land west of the Appalachians might not be purchased or entered upon by private persons, but purchases might be made in the name of the king or one of the colonies at a council meeting of the Indians”. This policy continued up to the termination of British rule and was adopted by the United States. The Appalachian barrier was soon passed - thousands of settlers crossed the mountains during the American Revolution - but both the Articles of Confederation and the federal

Constitution reserved either to the president or to Congress sole authority in Indian affairs, including authority to extinguish Indian title by treaty. When French dominion in Canada capitulated in 1760, the English announced that "the Savages or Indian Allies of his most Christian Majesty, shall be maintained in the lands they inhabit, if they choose to remain there." Thereafter, the proclamation of 1763 applied in Canada and was embodied in the practices of the dominion government. (The British North America Act of 1867, which created modern Canada, provided that the parliament of Canada should have exclusive legislative authority with respect to "Indians, and lands reserved for the Indians." Thus, both North American countries made control over Indian

matters a national concern.) United States policy: the late 18th and 19th centuries The first full declaration of U.S. policy was embodied in the Northwest Ordinance (1787): The utmost good faith shall always be observed toward the Indians, their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by congress; but laws founded in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.This doctrine was embodied in the act of August 7, 1789, as one of the first declarations of the U.S. Congress under the Constitution.The final shaping of the