The Trade and Intercourse Act of 1790 outlined the rules of conduct for trade relations with Indian tribes. Moreover, it laid the foundation for future exchanges between the United States and Indian governments. The original Trade and Intercourse Act was set to expire in 1792, but it was subsequently revised to include provisions that called for the creation of a separate Indian Territory--a homeland for native tribes. This legislation, along with its frequent amendments, was part of a an emerging foreign policy adopted by leaders of the early American republic.
Trade With Indian Nations
In his 1791 message to Congress, President George Washington urged for creation of “an intimate intercourse” between the United Sates and the various Indian nations along its borders. Washington further urged that “commerce with them should be promoted under regulations tending to secure an equitable deportment” with these governments. Placing the responsibility for the continuation of this equitable relationship under the auspices of the Executive arm of the government, Washington concluded by arguing that it was the duty of the American government to extend its moral as well as financial principals into this region.
Revising the Trade and Intercourse Act
In March of 1793, the Trade and Intercourse Act was revised and reaffirmed by the American Congress. While the major provisions of this legislation remained the same, the specifics of certain clauses were refined to provide greater clarification. The precedent of treating Indian tribes as sovereign nations whose lands could only be purchased through treaty was upheld. Additionally, only a representative of the American government could negotiate for the purchase of Indian land. Added to this clause was the stipulation that any non-governmental entity (independent trader of business third party) found guilty of attempting to negotiate a treaty with an Indian government without a representative of the American government would be subject to fines, loss of license, and possible imprisonment.
Revised Provisions
The only way a third party could participate in the exchange of sovereign Indian land would be in the presence of a representative of the federal government, who had negotiated said purchase through treaty. However, an added provision stated that trade with those Indian nations whose territory was within the borders of the United States (not in the separate area designated by the Treaty of Paris) did not require federal oversight. Additional revisions to the wording of the original Trade and Intercourse Act included a provision that made any crime committed on Indian land an offense punishable by U.S. courts.
The Next Phase
Like the previous act, the Trade and Intercourse Act of 1793 was set to expire in 1795. Seeking to extend the provisions of the revised act, Congress passed additional legislation that sought to regulate trade between the United States and Indian tribes. In 1795, a briefly worded act appropriated a sum of $50,000 for distribution among Indian tribes who territory was within the United States. In 1796, Congress passed an act that favored the creation of trading houses. This would be the next stage of the American relationship with Indian nations.
Sources:
Mark M. Boatner III, Encyclopedia of the American Revolution. (Mechanicsburg: Stackpole Books, 1994).
Mark C Carnes, Ed. U.S. History. (New York: MacMillan Library Reference, 1998).
Marilyn Miller and Martin Faux, American History Desk Reference. (New York: MacMillan, 1997).
Francis Paul Prucha, Documents of United States’ Indian Policy. (Lincoln: University of Nebraska Press, 2000).
Carl Waldman, Atlas of the North American Indian. (New York: Checkmark Books, 2000).
Carl Waldman, Encyclopedia of Native Tribes. (New York: Checkmark Books, 2006).
