In the case under consideration, notwithstanding the statement of Black Hawk, there was every reason, especially on the part of the Commissioner, for believing, that the chiefs who signed the treaty, were fully authorized to act. In the first place, Government, in its instructions to the Commissioner, to make a purchase of lands, of the Sacs and Foxes, had given as a reason for it, that it was a matter of complaint, on the part of these two tribes, that they were not, like their neighbors, receiving an annuity from the United States. They owned a very large extent of territory, and had, comparatively, but a limited population. It was natural that they should wish to dispose of some portion of it, for the purpose of receiving an annual supply of goods and money. In the second place, five chiefs of the Sacs and Foxes, united in the treaty, one of them, Pah-she-pa-ho, being at the time the great head-chief of the Sac nation. It is admitted by Black Hawk that a council had been held by these two tribes, and that Pah-she-pa-ho and his associates had been authorized to visit St. Louis to purchase the release of a prisoner. It is probable that the sale of a part of their territory may have been agreed upon by this council. In the third place, there must have been a prevailing opinion in St. Louis, that these chiefs were authorized to act in the case. The treaty was publicly made, and a number of high-minded and honorable men, are parties to it, in the character of commissioner, secretary, and witnesses. Among them are several officers of the army; the first governor of the territory of Louisiana; and Pierre Chouteau, at that time Agent for the Sac and Fox Indians, and well acquainted with them. These circumstances forbid the idea of the treaty having been formed under circumstances in which there were not satisfactory reasons for believing, that the Indians, parties to it were fully authorized to act. Black Hawk is mistaken in some things about this treaty, and it may be that he has been misinformed in regard to the authority of his chiefs to make this sale of their lands. He says, for instance, that the treaty was made some moons after the return of Lieutenant Pike from the sources of the Mississippi; when in fact Pike did not leave St. Louis upon his expedition, until the 9th of August 1805, nearly a year after the date of the treaty. Again, he says, it was made by four of the chiefs. The treaty is signed by five. But admitting that the deputation of chiefs transcended their authority in the sale of the lands, made at that time, it would seem that the Sacs and Foxes acquiesced in it. They never disavowed the treaty, but have regularly received their annuity, and, on more than one occasion, have recognized it, as binding. Even Black Hawk and his band, made this recognition, in the treaty of peace which they signed with the United States, at Portage des Sioux, in 1816.