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37 pages 1 hour read

Joseph J. Ellis

American Creation

Nonfiction | Book | Adult | Published in 2007

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Chapter 4Chapter Summaries & Analyses

Chapter 4 Summary: “The Treaty”

Chapter 4 explores the failure of the young United States to treat the Native Americans justly. After winning independence, America had essentially two options for dealing with the tribes occupying land east of the Mississippi River—land that white people wanted for themselves. One was simply to push the Native Americans westward using military action; the other was for white settlers to move west, effectively, but not forcibly, displacing Native Americans. Both options assumed the land belonged to the United States “by right of conquest” (132).

Under the new Constitution, Secretary of War Henry Knox treated Native American tribes as foreign nations, giving the president authority to set policy. Knox had been a trusted compatriot of Washington’s during the Revolutionary War and felt both obliged and qualified to continue the legacy of the war. He thus wanted an Indian policy that was in keeping with the original ideals of the colonists, not one that merely swapped out the British Empire for an American one.

After conferring with Washington in the summer of 1789, Knox devised a plan to allow native tribes to stay on their lands east of the Mississippi even as American settlers moved west. Protected by federal troops if necessary, Native Americans would occupy enclaves that settlers moved around. Over time, tribes would be given the tools and training to rely more on agriculture than hunting, which would require less land.

The Creek tribe in the South was selected as a test case, and a government commission was sent to negotiate with their chief, Alexander McGillivray. Well educated and shrewd, McGillivray distrusted the Americans (having observed their broken promises to other tribes) and sought to play them off against the Spanish, who occupied Florida on the Creeks’ southern border and provided the tribe with supplies. McGillivray rejected the Americans’ offer, confident of the ability to defeat them in war, if it came to that. For their part, Knox and Washington saw a military option as too expensive, so they resolved to keep pressing for a diplomatic solution.

Events in Georgia then added another twist: the legislature planned to sell western lands occupied by the Creek to several companies. McGillivray felt he could defeat a military force, but knew had no chance against hordes of settlers moving in, and was thus pressed into seeking a solution with the federal government. Sensing the urgency, the Americans pulled out all the stops, inviting McGillivray to New York for one-on-one meetings with Washington. The ceremonious summit, the likes of which no European leader had been given, involved an extensive Creek delegation and lasted almost a month. An agreement called the Treaty of New York was signed in August 1790, with the entire Congress present.

It did not take long, however, for the agreement to break down. In the end, demographics won out, and the Georgian settlers moved west despite federal control of the area. The fledgling American army was too small to police such a large area, and the settlers eventually pushed the Creek out. Once McGillivray saw this happening, he reneged on the treaty and negotiated better terms with the Spanish two years later. Washington was furious with the settlers, bemoaning the fact that “a lawless set of unprincipled wretches . . . can infringe the most solemn treaties, without receiving the punishment they so richly deserve” (159).

Chapter 4 Analysis

The Treaty of Paris ended the American Revolution with a Eurocentric approach, in effect making the United States the newest imperial power. Thus, an essential question hung over the new nation: “How could a republic be an empire?” (131). The first test was its treatment of the Native Americans living within its boundaries. Although this is a story of failure among the founders, Ellis still sees it as instructive.

Government policy under the new Constitution was to avoid their forced removal, and Henry Knox tried to draw upon the principles of the Revolution to deal with them fairly. Taking away their land, he wrote, “would be a gross violation of the fundamental Laws of Nature” (131).

On the surface, the conditions seemed promising. Washington’s administration was in favor of a just solution. In addition, this was just how the new Constitution was designed: using the power of a centralized government to create a coherent, effective policy for the nation. Ellis writes, “It was a vision in which the westward expansion of an American empire coexisted alongside the preservation of the original Americans” (139). After the Treaty of New York signed with the Creek, this seemed to be the case.

Yet despite good intentions and “exceptional quality of leadership on both sides,” the policy failed nonetheless (161). Ellis compares this to the British situation in 1763, which set aside lands west of the Allegheny Mountains for Native Americans and declared them closed to white settlers. He notes the irony of Washington disagreeing with the British then, but doing the same thing a quarter of a century later. The difference was that Washington and revolutionary leaders saw themselves as keepers of the revolutionary flame, having established their bona fides. However, they both instituted and enforced this policy with a top-down method. At that point in the nation’s history, the newly reconfigured national government did not have the tools and institutions necessary for success. As Ellis concludes, “In [these tools’] absence, ultimate authority resided outside of government altogether, with those ordinary American citizens seeking a better life and a parcel of land to the west. In that sense, Indian removal was the inevitable consequence of unbridled democracy in action” (164).

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