From 1776 until 1795 there was a series of back-and-forth raids, ambushes and full-scale battles between the frontiersmen and the Cherokee Indians. During the latter years of what is now called the Cherokee-American wars, President George Washington was attempting to negotiate treaties with the Cherokee, but murderous actions by frontiersmen like John Beard led to further retaliation by the Cherokee. In one instance, over 1000 Chicamauga Indians led a massacre of settlers including many children.
Washington wrote much about the Cherokee, and now In 1795, the President once again used the state of the Union address to discuss the Cherokee Indian relations. In his address, the wrote that "The Creek and Cherokee Indians, who alone of the Southern tribes had annoyed our frontiers, have lately confirmed their preexisting treaties with us". But he lamented that American sincerity "has been once more clouded by wanton murders". Washington feared that retaliation of these murders put our frontiers at danger and would subject the nation to "more effusion of blood".
Having a sovereign nation just outside of the frontier created a special problem for the young country, but weak laws and ineffective enforcement made this even more difficult. Throughout his presidency, Washington worked hard to address this. First in 1790, Washington worked with congress to pass the first Trade and Intercourse Act which extended the jurisdiction of U.S. law into any nation or tribe of Indians. Thus, any crime committed against an Indian by a citizen of the United States, would now be treated as if it were committed against another citizen. Section 5 of this act, stated that "such offender or offenders shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white in habitant thereof."
Two years later in 1792, Washington pointed out to congress that the basic provisions of the law were not effective in reducing the crimes against the outrages upon the Indians. Something needed to be done, to better define the laws and make it easier for them to be enforced. Washington recommended that Congress consider providing "adequate provision for giving energy to the laws throughout our interior frontier and for restraining the commission of outrages upon the Indians". In response, Congress expanded the laws through the intercourse law of 1793 which named specific crimes including "murder, robbery, larceny, trespass" and specified the proper courts to to be used. But still, Washington believed this was not strong enough. So, in his 1795 state of the union address, Washington was bluntly told congress that "It is demonstrated that these "violences" can now be perpetrated with impunity, and it can need no argument to prove that unless the murdering of Indians can be restrained by bringing the murderers to condign punishment, all the exertions of the Government to prevent destructive retaliations by the Indians will prove fruitless".
"While we indulge the satisfaction which the actual condition of our Western borders so well authorizes, it is necessary that we should not lose sight of an important truth which continually receives new confirmations, namely, that the provisions heretofore made with a view to the protection of the Indians from the violences of the lawless part of our frontier inhabitants are insufficient. It is demonstrated that these violences can now be perpetrated with impunity, and it can need no argument to prove that unless the murdering of Indians can be restrained by bringing the murderers to condign punishment, all the exertions of the Government to prevent destructive retaliations by the Indians will prove fruitless and all our present agreeable prospects illusory. The frequent destruction of innocent women and children, who are chiefly the victims of retaliation, must continue to shock humanity, and an enormous expense to drain the Treasury of the Union.Congress obliged, and in 1796 Congress passed the Intercourse Law of 1796 detailing provisions for restraining outrages on both sides, including the death penalty for anyone convicted of going into Indian country and murdering an Indian.
To enforce upon the Indians the observance of justice it is indispensable that there shall be competent means of rendering justice to them. If these means can be devised by the wisdom of Congress, and especially if there can be added an adequate provision for supplying the necessities of the Indians on reasonable terms (a measure the mention of which I the more readily repeat, as in all the conferences with them they urge it with solicitude), I should not hesitate to entertain a strong hope of rendering our tranquillity permanent. I add with pleasure that the probability even of their civilization is not diminished by the experiments which have been thus far made under the auspices of Government. The accomplishment of this work, if practicable, will reflect undecaying luster on our national character and administer the most grateful consolations that virtuous minds can know."
SEC. 6. And be it further enacted, That if any such citizen, or other person, shall go into any town, settlement or territory belonging to any nation or tribe of Indians, and shall there commit murder, by killing any Indian or Indians, belonging to any nation or tribe of Indians in amity with the United States, such offender, on being thereof convicted, shall suffer death.
An Act to Regulate Trade and Intercourse with the Indian Tribes, and to Preserve Peace on the Frontiers (1796)
http://www.presidency.ucsb.edu/ws/index.php?pid=29437
http://www.presidency.ucsb.edu/ws/index.php?pid=29437
http://www.presidency.ucsb.edu/ws/index.php?pid=29434
http://pages.uoregon.edu/mjdennis/courses/hist469_trade.htm
http://avalon.law.yale.edu/18th_century/na030.asp
The Great Father: The United States Government and the American Indians by Francis Paul Prucha pages 102 - 108
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