Despite being vastly outnumbered and sustaining heavy casualties, Black Hawk's warriors managed to delay the combined government forces long enough to allow the majority of the Sauk and Fox civilians in the group to escape across the Wisconsin River.

However, Sauk Black Hawk and others disputed the treaty, claiming that the full tribal councils had not been consulted, nor did those representing the tribes have authorization to cede lands.

[1] Angered by the loss of his birthplace, between 1830 and 1831 Black Hawk led a number of incursions across the Mississippi River, but was persuaded to return west each time without bloodshed.

After an inconclusive skirmish in late June at Kellogg's Grove, Black Hawk and his band fled the approaching militia through Wisconsin.

[1][4][5] The militia marched 25 miles (40 km) from Four Lakes the day of the battle, discovering the body of a dead Native American along the way,[5] in whose pouch they found the watch of George Force, a lieutenant who was killed in an attack at Fort Blue Mounds on June 20.

Although Black Hawk's band had already moved on by the time the militia arrived at the lake, they found evidence of his presence and picked up his trail again, continuing their pursuit toward the Wisconsin River.

[4] Unable to remain in one place long enough to receive provisions, Black Hawk's group were in poor health and some of them starved to death on the road.

Black Hawk stated in his account of the battle that at this point in the war he had every intention of escaping with his people back across the Mississippi River, but on encountering the large U.S. force at Wisconsin Heights he was left with no choice but to fight.

Dodge and a Major Ewing came upon the battlefield at Wisconsin Heights first and captured an elevated area that later acquired the name "Militia Ridge".

[3][8] Shortly before dawn one of the leaders accompanying Black Hawk, a Sauk chieftain named Neapope, had attempted from the knoll on which the band had taken refuge to explain to the militia officers that his group wanted only to end the fighting and go back across the Mississippi River.

[11] The militia regrouped at Blue Mounds Fort and picked up Black Hawk's trail again on July 28 near Spring Green, Wisconsin.

[3] The site of the Battle of Wisconsin Heights is preserved in northwestern Dane County, two miles (3 km) southeast of present-day Sauk City on State Highway 78.