Messages and Letters of William Henry Harrison/Report of Secretary of State on a petition from Indiana

Messages and Letters of William Henry Harrison
edited by Logan Esarey
Report of Secretary of State on a petition from Indiana (December 1, 1803) by James Madison
1774025Messages and Letters of William Henry Harrison — Report of Secretary of State on a petition from Indiana (December 1, 1803)James Madison

Madison to Congress

December 1, 1803
Har. Pa. 4l5, 4l6

The Secretary of State to whom by a resolution of the House of Representatives of the 2d March last was referred a Petition of sundry inhabitants of Post St. Vincennes in the Indiana Territory; has examined the same, and thereupon makes the following reports, viz. The petitioners assert a right to a tract of land which they describe as extending along the Wabash River from Point Coupee to the Mouth of the White River comprising about seventy-two miles above and below Post St. Vincennes, and on both banks of the said River from the little Wabash to the Protoeas [Panse au Pichou?] River, forming according to their computation an extent in this direction of two hundred and twenty-six miles. This right they pretend to derive from an Indian grant to their predecessors as the first settlers of that District, as well as from a subsequent confirmation of it by the Indians. It is on the basis of these pretentions that they express their hopes that Congress will "allow them at least a part in the grants which have lately been made by the Indians to the United States" and they add the request that a small tract of Woodland on the banks of the Wabash may be annexed to the villages Commons, which is now become destitute of Wood.[1]

It would be unnecessary to contest the validity of this Indian grant and confirmation, since the inhabitants have repeatedly and formally renounced all the right they possessed to the tract in question, particularly in their address to Congress of the 26 July 1787 in which they use the following words: "Reposing the most unbounded confidence in the justice, humanity and benevolence of the honorable Congress we solemnly surrender our charter whatever it is, and throw ourselves upon your mercy". An extract from this source documents and others from Mr. Tardiveau's[2] address to Congress in their behalf dated 7th August 1787, and 28th Feb. 1788, and also the powers given to him by the inhabitants of St. Vincennes as their agent are annexed. This renunciation as far as it might be supposed by the inhabitants to relate to a valid title in themselves was doubtless one of the motives to the grant and confirmations made to them by Congress in their acts of 20th June and 29th August 1788, and 3d March 1791, the latter of which ought to be considered as closing the claims of the settlers of St. Vincennes.

For these reasons the Secretary of State is of opinion that the petition ought not to be granted, which is respectfully submitted.

James Madison

Department of State.

  1. This petition was read in congress Feb. 11, 1803. For the foundation of this grant or pretended grant, see Am. Sta. Pa. Pub. Lands, I, 32, 68, 71, 84, 85, 90, 122. See Harrison to Madison supra. For a brief account see Esarey. Hist, of Ind. I, 132.
  2. Barthelemi Tardiveau. In Alvord, Kaskaskia Record is given all these old petitions and papers. Tardiveau came west with Harmar and became the attorney for the claimants but without success. Kaskaskia Records 440-496. See also Dunn, Indiana, 244; Smith, St. Claim Papers II, 27: Alvord, The Illinois Country, index.