In addition to the spread of devastating diseases throughout villages, towns, and cities in the eastern United States starting in the 1790s, the establishment of the eastern canal systems and the improvements on the Chicago Road along the ancient Sauk Trail from Detroit to Chicago all played a significant role in contributing to the westward migration of our pioneers to Sugar Grove. But the most important was the opening and sale of land.
After Pontiac’s Rebellion in 1763, the British created an Indian Land Policy that stopped westward expansion and designated the land between the Appalachian Mountains and the Mississippi River as Indian Territory. After the American Revolution in 1789, the new Constitution added Article I, Section 8, Clause 3, which stated, “The Congress shall have Power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” At this time, it was agreed that the Indians owned their land and the United States would purchase land from their Tribal Governments. By 1790, a law was passed stating, “No sale of lands made by any Indians, or any nation or tribe of Indians, would be valid unless made and duly executed at some public treaty, held under the authority of the United States.” Not only did Native leaders give little importance to this proclamation, but they countered by saying, ”We declare to you that we consider ourselves free to make any bargain or cession of lands, whenever and to whomsoever we please.”
In 1820, Chief Justice John Marshall of the US Supreme Court wrote opinions that transformed the US Law regarding Native land ownership, reducing their rights to a tenant-like status. In 1823, Marshall again ruled that “American Indians had some right to the land, but these rights were less than full legal ownership. Conquest gives a title which the Courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respecting the original justice of the claim.”
The Government’s legal opinion was that the natives no longer owned their land. Because of this ruling, they became prey to the argument that Indian occupancy of land close to settlers would lead to trouble. To avoid this, it was decided they should be moved away from Western settlements.
In 1828, Indian Commissioner Thomas McKinney wrote, “What are humanity and justice in reference to this unfortunate race? The solution lies in geography. Placing Indians so far west that settlements would not be a problem for a very long time, perhaps centuries. Lewis Cass, Secretary of War under President Jackson, stated, “The Federal Government should create a land of refuge, where this unhappy race may find rest and safety.” By 1830, the Indian Removal Act was put in motion to clear Natives from their land, opening it up for settlers to move west as far as the Mississippi River. – J.L. Panagopoulos