Right . The tools, the techniques of slave owner power and well talk about the tools and techniques of power that were practiced by enslaved people. Watch history professors lead discussions on topics ranging from the American Revolution to september 11th. Lectures in history on cspan3, 8 00 p. M. Eastern and lectures in history is available as a podcast. Find it where you listen to podcasts. Cspan has around the clock coverage of the federal response to the coronavirus pandemic. Its available on demand. Watch white house briefings, updates from the governors and track the spread with interactive maps. Watch on demand, any time, unfiltered at cspan. Org coronavirus. Up next on cspan3, a conversation on the origins of u. S. Policies toward native americans. Focusing on the aftermath of the revolutionary war and the initiatives of George Washington. Well hear from the executive director for the study of George Washington library. Good morning, everyone. Good morning. Good morning. If you could all take your seats, please. Happy leap day. What could be better than a bonus day and some real meaningful history cop tent. Im thrilled to have you here, im jimmy bosket. I serve as the president and the ceo here and im just going to very quickly kick us off as we have an allstar lineup of speakers for the wonderful collaboration. But i will point out since i see some new faces that are not usually here at the museum that you are gathered today in the oldest constitutional hall in the commonwealth of virginia. We are older than a decade of the smithsonian institution. In fact, this is really rather interesting to consider of the historical overlaps with even the topic we approach today. Our first president of the Virginia Historical society was in fact chief justice John Marshall. He served from 1831 until his death. But beyond that and this happens to us so often as we think about the complex history of virginia that this place, this institution having been founded in 1831 has been witness to much of the history including much of the history well discuss today. So think of that and the magnitude of what is developed in the special place over the years and what its been witness to in the historical record. Whats also quite interesting and remarkable is the growth of this place in that period of time. So just over 188 years in business this has turned into quite an institution as your state history museum. We have nearly a quarter million square foot of space here in this main facility and within it stored one of the largest history collections. 9 million artifacts stored here. Our partners here under the roof at the department of Historical Resources is another 5 million plus artifacts so its you are here in the epicenter of a treasure trove of physical reminders that tell us about our long history together. So lets get under way. It is really a pleasure to have you all here for the new faces that i hope when you have your lunch break sneak upstairs and the exhibitions. If youre not able to come back and see us again. Wed love to have you here. Were thrilled to be partnering today with our long time dear friends with preservation virginia. And also adding to our mix here the center for the study of American Indian law and policy. Were honored to have such distinguished speakers and to start us in the introduction it is my pleasure to welcome forward Genevieve Keller t board chair of preservation virginia. Thank you all for being here. Well, very good leaping morning to all of you. We have a very exciting day and im so happy to see all of you you here this morning. On behalf of our preservation virginia board of trustees, i welcome you to this symposium that we have been planning for 18 months. And particularly, with the dedicated guidance of lindsey robertson, jack baker, mr. Butterfield and many others that i see here today. Preservation virginia is very pleased to be partnering with the Virginia Museum of history and culture. And we thank them for their participation and for hosting all of us here today. We are especially honored by the presence of our participants from the virginia tribal nations as well as representatives of the Cherokee Nation and the poach creek who are also here today. I want to thank and acknowledge our symposium sponsors who helped make this possible. The jesse ball fund and davenport and hersh her. Preservation virginia has been the steward of the John Marshall house and we have been caring for it since 1911 and help us interpret the legacy of chief justice marshall. This is a house where marshall lived for 45 years and it provides insights into his life and work. Not only as a well known and significant american jurist, but also as a man who was a family man. A husband, a father, contributing to the civic life of the city despite his many absences for his extensive public service. And id like to say that were very pleased. May i even say very proud that this Time Next Year marshalls only known surviving judicial robe will have been restored and returned to be on display at the John Marshall house. Thanks to our partnership with the John Marshall foundationing and the Virginia Museum of history and culture. So how did we get to today . Why have we developed this program . Several years ago at one of the board retreats, chief ken adams challenged us to think about a symposium that would focus on the cases heard before the marshall court. And how those cases defined the idea of sovereignty among the indigenous nations. The chiefs idea seemed particularly relevant in light of the long overdue federal recognition of seven virginia tribes. And so today through our distinguished speakers, were doing to dive deep into examining the 19th century circumstances that brought these significant cases forward to the Supreme Court as well as the consequences and legacies of those decisions and their continued relevance to all of us today. We hope that your experience at the symposium will also inspire you to learn more about John Marshall and that you will be visiting his richmond home. Very good timing it opens for the season next friday, march 6th. So wed like to really begin our proceedings now by introducing our first speaker, kevin butterfield. Hes the executive of the fred w. Smith library for the study of George Washington at mount vernon and a historian of the 18th and 19th centuries in the United States. Previously kevin was associate professor of classics and letters at the university of oklahoma where he was named the outstanding professor in the college of arts and sciences for 2015 and he also served there as director of the institute for the american constitutional heritage. One of just a few programs in the United States that offers a certificate in constitutional studies. Kevins book the making of tokevilles america, law and association in the early United States received the 2016 William NelsonCromwell Foundation book prize awarded by the American Society for legal history. His many grants and fellowships include a Year Long National endowment for the humanities, a fellowship at the New York Historical society, as well as grants to codirect summer institutes for teachers on westward expansion and the constitution in the early american republic. Kevin received his ba in history from the university of missouri. His matters from the college of william mary here in virginia and ph. D. From washington university. Im very pleased to welcome to the podium dr. Kevin butterfield. Thank you. This is a great privilege and an honor to be here and be part of this historical event. I come here today as a historian to talk to you know about the past, talk about the early history of u. S. Policy towards native americans. I was thrilled to have a personal connection to help make this possible. It was Lindsay Robertson my former league colleague and still friend at the university of oklahoma who first reached out to me about this exciting event and i was excited to do it from the first moment i heard about it. In addition to being a historian i come as a representative of the Washington Library of mt. Vernon. The mt. Vernon Ladies Association which rescued mt. Vernon from ruin in the 1850s and opened to the public where it remains open today 365 days a year also built a library for the study of the 18th century, for the study of George Washington and his world and its in that context too that i come to you to talk about washington as a lens and into the understanding of the origins of american policies towards native americans in the post revolutionary moments. Lindsay and i will take us through time to ill talk more about the 18th, he more about the 19th centuries as a way of understanding some of the background to the important cases, that John Marshall preceded over. I have an opportunity too to introduce you to this man if you dont already know him. George washington seen here in the first ever portrait. 1772. Painted by Charles Wilson peele. This is in his uniform he wore in the 1750s and wore as serving as commander of the virginia militia which on this side of the atlantic lasted nine year and was called the french and indian war. It was there he first encountered people of diverse cultures particularly native ones and there that he developed a westward orientation. For himself and ultimately for his country. That would shape his entire world view. Theres of course a long history of colonial history, stretching long before washingtons birth of peace and war of the taking of native lands. His own mount vernon was of course bit on built on native lands seized before his birth. But the opportunity with washington to understand the origins of these policies helps us to see how they come out of the revolutionary war. And there are certain continuities from the colonial period. I want to begin todays overview not with the initial contact and not really talking about washington in the period of the seven years war. But were talking about this washington. Washington as hes resigning the command and exiting the revolutionary war. This is the beginning of the national story. It is this moment in 1783 that washington is thinking that hes permanently retiring from public office, but over the course of that year he devotes a great deal of energy to thinking about the future of the nation. On october 12th, 1783, he writes a pair of letters to one son to be the marquis, and he became good friends describing the western lands and the hope to explore, to traverse the lines which are giving bounds to a new empire. In 1783, hes thinking about the west. He writes to lafayette that same day, he had invited him to come to europe and visit the european capitals and washington said hed rather travel the new american empire. He describes this new empire and his hopes to travel from detroit down the mississippi up through the carolinas to witness the bounds of this world. His thoughts were that these lands that were claimed and coming out of the revolutionary war were going to be sort of imagined to be parts of virginia, parts of north carolina. Parts of georgia. As they looked westward even if it was all simply conceptual at this point. Many of them veterans of the war he had just presided over. Even a few months earlier in may of 1783 just before the peace is declared he had written about the settlement of revolutionary war veterans in the lands, west of the appalachians and the hopes to quote purchase upon equitable terms of the aborigines that are right of preoccupancy and to remove into the regions of the west. This map, the first to be co copyrighted has the stars and stripes, shows the western land claims of the new american states but there were large and powerful indian nations represented on this map. Most had sided with the british during the late war and that was not outside of washingtons thought. They remained openly hostile, understandably suspicion and under the nations first constitute, congress was tasked with preparing and shaping a policy toward native americans. It fell to james dwayne of new york to propose a plan for the future. What he did was to reach out to two people, a few more but two who had particular influence for advice. One is this man, major philip skyler, best known as Alexander Hamiltons fatherinlaw. He argued actually against pushing native peoples westward as this would play into british efforts to keep them close to the british. And to keep them as close allies as a check on the United States. Skyler advised that as american settlement advanced indian populations would gradually drift westward anyway. No need to force the issue, certainly no need to take on the cost of war. James dwayne takes this advice and he shares the recommendation, he is received some earlier sketchy observations from washington and he shares skylers notes with washington and washington with writes a full and remarkably important set of recommendations in september of 1783. This document from september 7th 83 to congress is remarkably important. My sentiments with respect he writes to james dwayne to the proper line of conduct to be observed toward the peoples coincides precisely with those delivered by general skyler. To suffer a wide extended country to be overrun with land jobbers, speculators and monopolizers or with scattered settlers is in my opinion inconsistent with that wisdom and freedom or that an enlightened people ought to adopt. Two things to note right away in this letter. It deals with practical concerns but it also deals with philosophical ones and you will see this come up time and time again in this important letter. He proposed that quote the indians should be informed that after a contest of eight years for the sovereignty of this country, Great Britain has ceded this land. Despite having been allies with the british in most cases, George Washington advised the congress should explain to the native peoples as they engage with them diplomatically that they were going to pursue a policy of peace and one of peaceful coexistence. He was basically advising the kind of language that should be used. We consider them as a diluted people and the language is telling here. A we persuade that their true interest in safety must depend upon our friendship as the country is large enough to contain us all and as we are disposed to be kind to them and partake of the trade we will from these considerations and from motives of compassion draw a veil over what is past and establish a Boundary Line between them and us beyond which well endeavor to restrain our people from hunting or settling. Interesting that washington underlines the word endeavor. Here washington was thinking practically. Even as the echoes of the dreaded proclamation line of 1763 which propelled the nation the colonies towards revolution, that the British Government had tried and unsuccessfully attempted to enforce. George washingtons language shifted from the diplomatic advice, what should be communicated to that of a policy analyst and the more i read washingtons writings, we see him obviously as a man of action. But theres a lot of policy analysis that comes through in the letters. He was a more thoughtful and contell play give planner that i ever gave him credit for. So in this policy analyst mode he says, advising congress, that it is the cheapest as well as the least distressing way of dealing with them the native peoples, none who are acquainted with the indian warfare and has ever been at the trouble of estimating the expensive one and comparing wit the cost of purchasing their lands will hesitate to acknowledge. In the closing here washington again is emphasizing purchase over war, peace over conflict. And washington reiterated that this policy is both humanitarian but Still Congress should think of it as a practical path forward. Let me read this part and this is where he closes in his letter to james dwayne as chair of the committee. I repeated again and i am in clear im clear in my opinion that policy and economy point very strongly to the expediency of being upon good terms with the indians and the proprietary of purchasing their lands which we have as we have already experienced is like driving the wild beast of the forest which was you were are as soon as the pursuit at an end and perhaps fall on those that are left there. Here again he starts shifting in his language from policy analyst to his thoughts about the nature of the peoples that hes engaging with and it will come up again. I attempt to hes saying its doomed to fail and washingtons letter in the those is jarring in the in the close is jarring in the language and descriptive. The gradual extension of the settlement will cause the wolf to retire. In a word theres nothing to be obtained by an indian war but the soil they live on and this can be had by purchase at less expense and without bloodshed. This will shape congress posture for the next few years. Congress issued that proclamation to prohibit settlement purchase of indian lands without congressional approval but it was not entirely successful and peace but not conquest was not the stated goal even if the ultimate acquisition of the land on which the native peoples lived was also the goal. But that language savage as the wolf would come through in washingtons language is something that underlies much of the u. S. Policies in the 1780s and 1790s. The National Outcome of this will be the removal west by almost a natural consequence. It would for instance this shape and draft the policy of hope well. That the goal here was peace but at least on the part of the america