Establishing rules for the settlement of this national domain—the area controlled by the federal government, stretching from the western boundaries of existing states to the Mississippi River—was by no means easy. Although some Americans spoke of it as if it were empty, some 100,000 Indians in fact inhabited the region. In the immediate aftermath of independence, Congress took the position that by aiding the British, Indians had forfeited the right to their lands. Little distinction was made among tribes that had sided with the enemy, those that had aided the patriots, and those in the interior that had played no part in the war at all. At peace conferences at Fort Stanwix, New York, in 1784 and Fort McIntosh near Pittsburgh the following year, American representatives demanded and received large surrenders of Indian land north of the Ohio River. Similar treaties soon followed with the Cherokee, Choctaw, and Chickasaw tribes in the South, although here Congress guaranteed the permanency of the Indians’ remaining, much-reduced holdings. The treaties secured national control of a large part of the country’s western territory.

When it came to disposing of western land and regulating its settlement, the Confederation government faced conflicting pressures. Many leaders believed that the economic health of the new republic required that farmers have access to land in the West. But they also saw land sales as a potential source of revenue and worried that unregulated settlement would produce endless conflicts with the Indians. Land companies, which lobbied Congress vigorously, hoped to profit by purchasing real estate and reselling it to settlers. The government, they insisted, should step aside and allow private groups to take control of the West’s economic development.

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