User:Jbaghshi

Trade and Intercourse laws of 1802 The influx of European settlers on Indian lands brought hostility between the Indians and white settlers. As a result of the hostility of the two groups, the federal government attempted to regulate the interactions between the two to help maintain peace on the frontier. The Trade and Intercourse treaties were passed as laws, any violation of the laws, if convicted, were punishable by imprisonment, monetary fines or death. Trade and intercourse treaties were originally drawn up by President Washington and passed by Congress in 1790, 1799 and 1802. The treaty of 1802 was passed on March 30, 1802 under Jefferson’s presidency, and the Trade & Intercourse laws were finalized 1834. The laws of 1802 was a slight modification of the earlier treaties, however, it entailed specific provisions  the government deemed necessary in order to make better their relations with the Natives. Though the treaty was a slight modification of earlier intercourse laws, the intention was to strictly focus on the newly added provisions. The banning of alcohol was introduced under Jefferson’s presidency. Recognizing the damage of alcohol on Indians, he took restrictive steps in order to remove all traces of alcohol on Indian land. “the “ardent spirits” smuggled into the Indian country made madmen of the Indians…it was an elemental problem, rooted in strong human drives-the Indian’s fondness for drink and the heartless avarice of the whites" The introduced prohibition made it illegal to carry any alcohol on Indian land, all traders and foreigners passing through the lands were subject to search. Though traders were always ahead of the law, finding loopholes to get around the law: boatmen were exempt from the law as there was permission to carry whiskey for them and certain areas such as Green Bay and Prairie du Chien demanded whiskey for white settlements.  In response to this, President  Jefferson declared a prohibition against all alcohol on Indian lands, to which he said, “ no ardent spirits shall be here after introduced, under any pretence, into the Indian country.” It was an all inclusive prohibition that allowed for no exception and that applied to traders and non traders alike. The treaty of 1802 was primarily concerned with equal and just punishment of crimes committed by both whites and Indians onto each other. There was particular concern in maintaining the balance of the law and have crimes committed on both sides to be equally and justly punished. The federal government’s condition in any assistance would be granted provided that there was to be no private retaliation in gaining satisfaction for injustices inflicted. Any private retaliation incurred from either whites or Indians would mean no government assistance in convicting criminals for crimes committed. Crimes committed against Indians by whites were made more explicit in the treaty of 1802 than previous laws of the previous treaties. The treaty of 1802 entailed explicit reprimands for whites when committing crimes against Indians. Section four of the treaty defines the punishment of crimes committed against the Indians on lands secured by the treaty. Robbery, larceny and trespassing on Indian land shall be punished in a combination consisting of a monetary fine no more than one hundred dollars, imprisonment no longer than the duration of 12 months, and a “sum equal to twice the just value of the property so taken or destroyed.”  Details of this clause entail just compensation for losses paid by the U.S. government in the event which the guilty party cannot repay for losses. However, as mentioned, the stipulation to this clause is if the harmed party seeks to privately retaliate against the guilty, than this accord is revoked. Section 5 of the treaty protects defined Indian lands from white encroachment. It also provides Indians military protection when whites make settlement on defined Indian Territory or are unwilling to remove from their lands. Acts of murder on an Indian, also covered within the treaty, under section 6 are punishable by death of the white convicted of the murder. All whites wishing to trade with the Indians required a license granted from the government. As well as whites wishing to trade with the Indians, licenses were required to cross into Indian territory. Licenses were valid for a duration of two years, upon renewal. Trading licenses had strict adherence to their use. Any white wishing to trade or barter with an Indian, without proper licensure was subject to forfeiture of goods and monetary fines. In addition to licensure, any sale or trade of Indian lands required a treaty entered into the constitution and was to be conducted  under the presence of Indian agents and commissioners of the states. Of this, the Trade and Intercourse law says, “…no purchase, grant, lease, or other conveyance of lands, or of any title or claim…from any Indian… shall be of any validity …unless made by treaty or convention, entered into the pursuant to the constitution...” Licenses were solely granted on the intention of making fair trades with the Indians, which unscrupulous whites were notorious for unfair dealings with the Indians. “The licensing system was meant to furnish a check on the traders and make them abide by the rules of the trade… “ in addition to the regulation of trade and interactions with Indians was the issuance of passports to enter Indian country. Boundaries were clearly defined as  what was U.S. territory and Indian country in the treaties, as defined by the president of the United states and entered into the treaty as laws. Under the treaty was written that any White violating this law by crossing over into Indian country shall be imprisoned for no more duration than six months or monetary fine not to exceed one hundred dollars. However, it was lawfully permitted through obtainment of a passport to cross into Indian lands issued by the federal government. Passports were needed even for purposes such as merely traveling  or crossing over through the Indian lands. Violation of the laws is entailed in Section 3 of the treaty, stating, “…if any such citizen…shall go into country…secured by treaty…without a passport…they shall forfeit a sum not exceeding fifty dollars, or be imprisoned not exceeding 3 months. To forge friendly relations with the Indians was the clause in the treaty granting presents for the Indians and governmental appointed agents to live among the Indians. It is stated in section 13 “In order to promote civilization among the friendly Indian tribes, and to secure the continuance of their friendship…shall be lawful for the President of the U.S. to cause them to be furnished with useful domestic animals, and implements of husbandry, and with goods of money…and to appoint …temporary agents to reside among the Indians.” The logic for this was that the U.S. would promote its covert desire to introduce the agricultural lifestyle upon the Indians and at the same time, be informed of the progress the Indians were making upon “civilization” through an agricultural lifestyle. Gifts such as domestic animals, goods, and implements of husbandry were given to the Indians to introduce an agricultural lifestyle and make the Indians dependent on whites. Annuities were also given, as the president saw fit. Agents representative of the U.S. government were authorized to live among the Indians for periods of time to help promote and regulate trade and  report back  to the government. The annual summary of gifts and agents are not to exceed fifteen thousand dollars.