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[ Doc. ITo. 123. ] Hb. of Reps,
Executive
f*l: / 1 <■" . * ^ , •
FliOK TKS 1 ‘
PRESIDENT CP THE UNITED STATES,
Transmitting copies of Treaties which have lately been rat fed between - the United States and the Choctaw Indians , and between the United ■ States and the confederated tribes of the Sacs and Foxes, and other
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tribes. |
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. March 2, 1831. |
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Read, and laid upon the table. |
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March 1, 1331. |
To the House of Representatives:,
I- transmit herewith, f« r the e of t) 2 3 :ji. ted thei
ties, which have beer, Aieiy p -led, ben er: . .. Unifeift States ana ... Choctaw Indian; . da ewe or. me United Flics ww .... confederated tribe* vof the Sacs and R oxes, and other tribes.
.. / - t
hU’Lt'- ■■
21st Congress,, 2d Session.
ANDREW JACKSON.
■ TREATY WITH THE CHOCTAWS. •Whereas a treaty between the United States of America.
wctk -f&ju (^hfo £T&. ^
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] 2 ft aS,
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J the ini EC- entered in- nber, in the if the inde- n and John chiefs, cap¬ tion; which i words fol-
•ed into by vernment warriors It cr stk on
extended .-red limits Lt he cannot p therefore^
JiF §20 3 US~ ? /9d3
U.S. PEACE TREATIES WITH THE INDIANS
Treaty with The Delawares 1778 (Sept. 17)
Treaty with the Six Nations 1784 (Cot. 22)
Treaty with the Wyandot s f etc. 1785 (Jan. 21)
(Wiandot, Delaware, Chippewa and Ottawa Nations)
Treaty with the Cherokees 1785 (Nov. 28)
Treaty with the Choctaws 1786 (Jan. 3)
Treaty with the Chickasaws 1786 (Jan. 10)
Treaty with the Shawnees, 1786 (Jan. 31)
Treaty with the Six Nations. 1789 (Jan. 9)
(Mohawks. Oneidas, Onandagas, Tuscaroras ,Cayugas and Semekas) ???
Treaty with the Creeks 1790 (Aug. 7)
Treaty with the Cherokees 1791 (July 1) ???
Treaty with the Wyandots . etc. 1795 (July 3)
(Wyandots, Delawares, Shawnees, Ottawas., Chippewas, Petawatimes, Miamis, Eel River, Weea*s Klckapoos, Piawkashaws and Kaskaskias)
Treaty with the Sacs and Foxes 1804 (Nov. 3)
Treaty with the Wyandots » etc. 1814 (July 22)
(Wyandots, Delawares, Shawaneese, Senecas, Miamis)
Treaty with the Creeks 1814 (Aug. 9)
Treaty with the Pothwatomies 18 15 (July 18) (Minor)
Treaty with the P lan kas haws 1815 (July 18) (Minor)
Treaty with the Teetons 1815 (July 19) (Minor)
Treaty with the Sioux of the Lakes 1815 (July 19) (Minor)
Treaty with the Sioux of St. Peter *s River 18 15 (July 20) (Minor)
Treaty with the Yancton Sioux 1815 (Julyl9) (Minor)
Treaty with the Mamas 1815 (July 20) (Minor)
Treaty with the Kickapoos I8I5 (Sept. 2) (Minor)
Treaty with the Wyandots , etc. 1815 (Sept. 8)
Treaty with the Osages 1815 (Sept. 12) (Minor)
Treaty with the Foxes 1815 (Sept. 14) (Minor)
U.S. PEACE TREATIES WITH THE INDIA MS (continued)
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J owas 1815 (Sept. 16) (Minor)
Kansas 1815 (Oct. 25) (Minor)
Sacs 1815 (May 13)
Sioux 1816 (June 1)
Wlnnebaaoes 1816 (June 3)
Menomonees 1817 (Mar. 30) (Minor)
Otoes 181? (June 24)
Poncas 1817 (June 25 >
Grand Pawnees 1818 (June 18) (Minor)
Noisy Pawnees 1818 (June 19) (Minor)
Pawnee Republic 1818 (June 20) (Minor)
Pawnee Marhars 1818 (June 22) (Minor)
Florida Tribes of Indians 1823 (cession of Florida) Sept. 18)
Rlcara Tribe 1825 (July 18)
Belatse-Etoa or Mlnnetsarfe Tribe 1825 (July 30) Mandan Tribe 1825 (July 30)
Sauk and Foxes 1832 (Sept. 21)
Comanche, etc. 1835 (Aug. 24)
|
57th Congress, ) |
SENATE. |
j Document |
|
1st Session . \ |
] No. 452. |
INDIAN AFFAIRS.
LAWS AND TREATIES.
Vol. II.
(TREATIES.)
COMPILED AND EDITED
BY
CHARLES J. KAPPLER, LL. B., LL. M.,
Clerk to the Senate Committee on Indian Affairs.
WASHINGTON:
GOVERNMENT PRINTING OFFICE. 1903.
Indian Conference Carl Catalog, 1913
TREATIES.
TREATY WITH THE DELAWARES, 1778.
Articles of agreement and confederation , made and entered into by Andrew and Thomas Lewis , Esquires, Commissioners for, and in Behalf of the United States of North- America of the one Part, and Capt. White Eyes, Capt. John Kill Buck, Junior, and Capt. Pipe , Deputies and Chief Men of the Delaware Nation of the other Part .
Article I.
That all offences or acts of hostilities by one, or either of the con¬ tracting parties against the other, be mutually forgiven, and buried in the depth of oblivion, never more to be had in remembrance.
Article II.
That a perpetual peace and friendship shall from henceforth take place, and subsist between the contracting parties aforesaid, through all succeeding generations: and if either of the parties are engaged in a just and necessary war with any other nation or nations, that then each shall assist the other in due proportion to their abilities, till their enemies are brought to reasonable terms of. accommodation: and that if either of them shall discover any hostile designs forming against the other, they shall give the earliest notice thereof, that timeous meas¬ ures may be taken to prevent their ill effect.
Article HI.
And whereas the United States are engaged in a just and necessary war, in defence and support of life, liberty and independence, against the King of England and his adherents, and as said King is yet pos¬ sessed of several posts and forts on the lakes and other places, the reduction of which is of great importance to the peace and security of the contracting parties, and as the most practicable way for the troops of the United States to some of. the posts and forts is by passing through the country of the Delaware nation, the aforesaid deputies, on behalf of themselves and their nation, do hereby stipulate and agree to give a free passage through their country to the troops aforesaid, and the same to conduct by the nearest and best ways to the posts, forts or towns of the enemies of the United States, affording to said troops such supplies of corn, meat, horses, or whatever maybe in their power for the accommodation of such troops, on the commanding officer’s, &c. paying, or engageing to pay, the full value of whatever they can sup¬ ply them with. And the said deputies, on the behalf of their nation, engage to join the troops of the U nited States aforesaid, with such a number of their best and most expert warriors as they can spare, con¬ sistent with their own safety, and act in concert with them; and for
S. Doc. 452- - 1
Sept. 17, 1778.
7 Stat., 13.
All offenses mutu¬ ally forgiven.
Peace and friend¬ ship perpetual.
In case of war, each party to assist the other.
United States to have free passage to forts or towns of their enemies.
Such warriors as can he spared, to join the troops of the United States.
1
2
TREATY WITH THE DELAWARES, 3778.
the better security of the old men, women and children of the afore¬ said nation, whilst their warriors are engaged against the common enemy, it is agreed on the part of the United States, that a fort of suf¬ ficient strength and capacity be built at the expense of the said States, with such assistance as it may be in the power of the said Delaware Nation to give, in the most convenient place, and advantageous situa¬ tion, as shall be agreed on by the commanding officer of thfe troops aforesaid, with the advice and concurrence of the deputies of the afore¬ said Delaware Nation, which fort shall be garrisoned by such a number of the troops of the United States, as the commanding officer can spare for the present, and hereafter by such numbers, as the wise men of the United States in council, shall think most conducive to the com¬ mon good.
Article IY.
fli^puSshmentwith- For the better security of the peace and friendship now entered into out an impartial trial, by the contracting parties, against all infractions of the same by the citizens of either party, to the prejudice of the other, neither party shall proceed to the infliction of punishments on the citizens of the other, otherwise than by securing the offender or offenders by impris¬ onment, or any other competent means, till a fair and impartial trial can be had by judges or juries of both parties, as near as can be to the laws, customs and usages of the contracting parties and natural justice: The mode of such trials to be hereafter fixed by the wise men of the United States in Congress assembled, with the assistance of such depu¬ ties of the Delaware nation, as may be appointed to act in concert niifugFtivSltc™111' ttiem in adjusting this matter to their mutual liking. And it is further agreed between the parties aforesaid, that neither shall enter¬ tain or give countenance to the enemies of the other, or protect in their respective states, criminal fugitives, servants or slaves, but the same to apprehend, and secure and deliver to the State or States, to which such enemies, criminals, servants or slaves respectively belong.
Article Y.
pointed" bytheUnitetf Whereas the confederation entered into by the Delaware nation and states to trade with the United States, renders the first dependent on the latter for all the the Delaware Nation. arftc],es Gf dothing, utensils and implements of war, and it is judged not only reasonable, but indispensably necessary, that the aforesaid Nation be supplied with such articles from time to time, as far as the United States may have it in their power, by a well-regulated trade, under the conduct of an intelligent, candid agent, with an adequate salary, one more influenced by the love of his country, and a constant attention to the duties of his department by promoting the common interest, than the sinister purposes of converting and binding all the duties of his office to his private emolument: Convinced of the neces¬ sity of such measures, the Commissioners of the United States, at the earnest solicitation of the deputies aforesaid, have engaged in behalf of the United States, that such a trade shall be afforded said nation, conducted on such principles of mutual interest as the wisdom of the United States in Congress assembled shall think most conducive to adopt for their mutual convenience.
Article YI.
united states guar- Whereas the enemies of the United States have endeavored, by territorial rights as every artifice in their power, to possess the Indians in general with treaties4 by former an opinion, that it is the design of the States aforesaid, to extirpate the Indians and take possession of their country: to obviate such false suggestion, the United States do engage to guarantee to the aforesaid
TREATY WITH THE SIX NATIONS, 1784.
3
nation of Delawares, and their heirs, all their territorial rights in the fullest and most ample manner, as it hath been bounded by former treaties, as long as they the said Delaware nation shall abide by, and hold fast the chain of friendship now entered into. And it is further agreed on between the contracting parties should it for the future be found conducive for the mutual interest of both parties to invite any other tribes who have been friends to the interest of the Units d States, to join the present confederation, and to form a state whereof the Delaware nation shall be the head, and have a representation in Con- sentatkm fn congress gress: Provided, nothing contained in this article to be considered as on certain conditions, conclusive until it meets with the approbation of Congress. And it is also the intent and meaning of this article, that no protection or coun¬ tenance shall be afforded to any who are at present our enemies, by which they might escape the punishment they deserve.
TREATY WITH THE SIX NATIONS, 1784.
Articles concluded at Fort Stanwix, on the twenty-second day of October , . oct. 22, 1784. one thousand seven hundred and eighty-four , between Oliver Wolcott , 7 stat., 15.
Richard Butler , and Arthur Lee , Commissioners Plenipotentiary from the United States , in Congress assembled , on the one Part, and the Sachems and Warriors of the Six Nations, on the other.
The United States of America give peace to the Senecas, Mohawks,
Onondagas and Cayugas, and receive them into their protection upon the following conditions:
Article I.
Six hostages shall be immediately delivered to the commissioners by Hostages to be given
,1 . -1 p. . . J /» ,1 -r-r «i i n, i r till prisoners are deli-v-
the said nations, to remain in possession of the United States, till all eredup, the prisoners, white and black, which were taken by the said Senecas,
Mohawks, Onondagas and Cayugas, or by any of them, in the late war, from among the people of the United States, shall be delivered up.
Article II.
The Oneida and Tuscarora nations shall be secured in the possession Possession of lands of the lands on which they are settled. secured.
Article III.
A line shall be drawn, beginning at the mouth of a creek about four Boundaries, miles east of Niagara, called Oyonwayea, or Johnston’s Landing-Place, upon the lake named by the Indians Oswego, and by us Ontario; from thence southerly in a direction always four miles east of the carrying- path, between Lake Erie and Ontario, to the mouth of Tehoseroron or Buff aloe Creek on Lake Erie; thence south to the north boundary of the state of Pennsylvania; thence west to the end of the said north boundary; thence south along the west boundary of the said state, to the river Ohio; the said line from the mouth of the Oyonwayea to the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all claims to the country west of the said boundary, and then they shall be secured in the peaceful possession of the lands they inhabit east and north of the same, reserving only six miles square round the fort of Oswego, to the United States, for the support of the same.
4 TREATY WITH THE WYANDOTS, ETC., 1785.
Article IV.
Indians. given The Commissioners of the United States, in consideration of the
present circumstances of the Six Nations, and in execution of the humane and liberal views of the United States upon the signing of the above articles, will order goods to be delivered to the said Six Nations for their use and comfort.
TREATY WITH THE WYANDOTS, ETC., 1785.
— - — — - Articles of a treaty co'ncluded at Fort AV Intosh, the twenty-first day
of January , one thousand seven hwidred and eighty-five , between the Commissioners Plenipotentiary of the United States of America, of the one Part, and the Sachems a/nd Warriors of the Wiandot, Dela¬ ware, Chippawa and Ottawa Nations of the other.
The Commissioners Plenipotentiary of the United States in Con¬ gress assembled, give peace to the Wiandot, Delaware, Chippewa, and Ottawa nations of Indians, on the following conditions:
Article I.
tin°pSSfeSbar?Vre- Tbree chiefs, one from among the Wiandot, and two from among stored. the Delaware nations, shall be delivered up to the Commissioners of
the United States, to be by them retained till all the prisoners, white and black, taken by the said nations, or any of them, shall be restored.
Article II.
edge1 prote^t&n Wof The said Indian nations do acknowledge themselves and all their united states. tribes to be under the protection of the United States and of no other sovereign whatsoever.
Article III.
Boundaries. The boundary line between the United States and the Wiandot and
Delaware nations, shall begin at the mouth of the river Cayahoga, and run thence up the said river to the portage between that and the Tus¬ carawas branch of Meskingum; then down the said branch to the forks at the crossing place above Fort Lawrence; then westerly to the portage of the Big Miami, which runs into the Ohio, at the mouth of which branch the fort stood which was taken by the French in one thousand seven hundred and fifty-two; then along the said portage to the Great Miami or Ome river, and down the south-east side of the same to its mouth; thence along the south shore of lake Erie, to the mouth of Cayahoga where it began.
Article IY.
Reserves. XLe United States allot all the lands contained within the said lines
to the Wiandot and Delaware nations, to live and to hunt on, and to such of the Ottawa nation as now live thereon; saving and reserving for the establishment of trading posts, six miles square at the mouth of Miami or Ome river, and the same at the portage on that branch of the Big Miami which runs into the Ohio, and the same on the lake of Sanduske where the fort formerly stood, and also two miles square on each side of the lower rapids of Sanduske river, which posts and the lands annexed to them, shall be to the use and under the government of the United States.
TREATY WITH THE WYANDOTS, ETC., 1785.
Article Y.
If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands allotted to the Wiandot and Delaware nations in this treaty, except on the lands reserved to the United States in the preceding article, such person shall forfeit the protection of the United States, and the Indians may punish him as they please.
Article VI.
The Indians who sign this treaty, as well in behalf of all their tribes as of themselves, do acknowledge the lands east, south and west of the lines described in the third article, so far as the said Indians formerly claimed the same, to belong to the United States; and none of their tribes shall presume to settle upon the same, or any part of it.
Article VII.
The post of Detroit, with a district beginning at the mouth of the river Rosine, on the west end of lake Erie, and running west six miles up the southern bank of the said river, thence northerly and always six miles west of the strait, till it strikes the lake St. Clair, shall be also reserved to the sole use of the United States.
Article VIII.
In the same manner the post of Michillimachenac with its dependen¬ cies, and twelve miles square about the same, shall be reserved to the use of the United States.
Article IX.
If any Indian or Indians shall commit a robbery or murder on any citizen of the United States, the tribe to which such offenders may belong, shall be bound to deliver them up at the nearest post, to be punished according to the ordinances of the United States.
Article X.
The Commissioners of the United States, in pursuance of the humane and liberal views of Congress, upon this treaty’s being signed, will direct goods to be distributed among the different tribes for their use and comfort.
Separate Article.
It is agreed that the Delaware chiefs, Kelelamand or lieutenant- colonel Henry, Hengue Pushees or the Big Cat, Wicocalind or Captain White Eyes, who took up the hatchet for the United States, and their families, shall be received into the Delaware nation, in the same situation and rank as before the war, and enjoy their due portions of the lands given to the Wiandot and Delaware nations in this treaty, as fully as if they had not taken part with America, or as any other per¬ son or persons in the said nations.
5
No citizen of United States to settle on In¬ dian lands.
Indians recognize title of United States to certain described lands.
Post at Detroit re¬ served.
Post at Michilli- machenac reserved.
Robbers and mur¬ derers to be delivered to United States.
Goods to be dis¬ tributed.
Provision for cer¬ tain Indians.
6
TREATY WITH THE CHEROKEES, 1785.
TREATY WITH THE CHEROKEES, 1785.
— -No-vi-28,_i785. _ Articles concluded at Hopewell, on the Ueowee , between Benjamin
7stat-’18- Hawkins, Andrew Pickens , Joseph Martin, and Lachlan McIntosh,
Commissioners Plenipotentiary of the United States of America, of the one Part, and the Head-Men and Warriors of all the Cherokees of the other .
The Commissioners Plenipotentiary of the United States, in Congress assembled, give peace to all the Cherokees, and receive them into thy favor and protection of the United States of America, on the followinq- conditions:
Article I.
anprisonSer?eteestore The Head-Men and Warriors of all the Cherokees shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty : They shall also restore all the Negroes, and all other property taken during the late war from the citizens, to such person, and at such time and place, as the Commissioners shall appoint.
Article II.
The Commissioners of the United States in Congress assembled, shall restore all the prisoners taken from the Indians, during the late war, to the Head-Men and Warriors of the Cherokees, as early as is practicable.
Article III.
edgeerprotection°Wof The said. Indians for themselves and their respective tribes and towns
United states. do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever.
Article IY.
Boundaries. The boundary allotted to the Cherokees for their hunting grounds,
between the said Indians and the citizens of the United States, within the limits of the United States of America, is, and shall be the follow¬ ing, viz. Beginning at the mouth of Duck river, on the Tennessee; thence running north-east to the ridge dividing the waters running into Cumberland from those running into the Tennessee; thence eastwardly along the said ridge to a north-east line to be run, which shall strike the river Cumberland forty miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river; thence to Campbell’s line, near Cum¬ berland gap; thence to the mouth of Claud’s creek on Holstein; thence to the Chimney -top mountain; thence to Camp-creek, near the mouth of Big Limestone, on Nolichuckey ; thence a southerly course six miles to a mountain; thence south to the North- Carolina line; thence to the South -Carolina Indian boundary, and along the same south-west over the top of the Oconee mountain till it shall strike Tugaloo river; thence a direct line to the top of the Currohee mountain; thence to the head of the south fork of Oconee river.
Article Y.
Steteftoseme^n?- ^ any citizen of the United States, or other person not being an
diaif lands. e on n’ Indian, "shall attempt to settle on any of the lands westward or south¬ ward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the
United States to re¬ store all prisoners.
TEEATY WITH THE OHEEOKEES, 1785.
7
Indians may punish him or not as they please: Provided nevertheless,
That this article shall not extend to the people settled between the fork of French Broad and Holstein rivers, whose particular situation shall be transmitted to the United States in Congress assembled for their decision thereon, which the Indians agree to abide by.
Article VI.
If any Indian or Indians, or person residing among them, or who UpcKnais. dellver shall take refuge in their nation, shall commit a robbery, or murder, or other capital crime, on any citizen of the United States, or person under their protection, the nation, or the tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished according to the ordinances of the United States; Pro¬ vided, that the punishment shall not be greater than if the robbery or murder, or other capital crime had been committed by a citizen on a citizen.
Article VII.
If any citizen of the United States, or person under their protection, gS^commutiSg shall commit a robbery or murder, or other capital crime, on any Indian, crimes against in- such offender or offenders shall be punished in the same manner as if dianst0 bepmus ed- the murder or robbery, or other capital crime, had been committed on a citizen of the United States; and the punishment shall be in presence of some of the Cherokees, if any shall attend at the time and place, and that they may have an opportunity so to do, due notice of the time of such intended punishment shall be sent to some one of the tribes.
Article VIII.
It is understood that the punishment of the innocent under the idea .^Retaliation prohib- of retaliation, is unjust, and shall not be practiced on either side, except where there is a manifest violation of this treaty; and then it shall be preceded first by a demand of justice, and if refused, then by a decla¬ ration of hostilities.
Article IX.
For the benefit and comfort of the Indians, and for the prevention united states to reg- of injuries or oppressions on the part of the citizens or Indians, the uatetra e- United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
Article X.
Until the pleasure of Congress be known, respecting the ninth fecial provision for article, all traders, citizens of the United States, shall have liberty to ra e' go to any of the tribes or towns of the Cherokees to trade with them, and they shall be protected in their persons and property, and kindly treated.
Article XI.
The said Indians shall give notice to the citizens of the United States, tice of designsgagainst of any designs which they may know or suspect to be formed in any united states, neighboring tribe, or by any person whosoever, against the peace, trade or interest of the United States.
Article XII.
That the Indians may have full confidence in the justice of the Indians may send United States, respecting their interests, they shall have the right to depu 7 to Congress- send a deputy of their choice, whenever they think fit, to Congress.
8
TREATY WITH THE CHOCTAWS, 1786. Article XIII.
up^ipetuai. en ' The hatchet shall be forever buried, and the peace given by the L nited States, and friendship re-established between the said states on the one part, and all the Cherokees on the other, shall be universal; and the contracting parties shall use their utmost endeavors to main¬ tain the peace given as aforesaid, and friendship re-established.
TREATY WITH THE CHOCTAWS, 1786.
Articles of a treaty concluded at Hopewell , on the Keowee , near Seneca Old Town, between Benjamin Hawkins , Andrew Pickens and Joseph Martin, Commissioners Plenipotentiary of the United States of America, of the one part; and Yockonahoma , great Medal Chief of Soonacoha; Yockehoopoie , leading Chief of Bugtoogoloo ; Mingo- hoopoie, leading Chief of Hashooqua; Tobocoh , great Medal Chief of' Congetoo ; Pooshemastvbie , Gorget Captain of Senayazo; and thirteen, small Medal Chiefs of the first Class, twelve Medal and Gorget Captains, Commissioners Plenipotentiary of oil the Choctaw Nation, of the other part.
The Commissioners Plenipotentiary of the United States of Amer¬ ica give peace to all the Choctaw nation, and receive them into the favor and protection of the United States of America, on the follow¬ ing conditions:
Article I.
The Commissioners Plenipotentiary of all the Choctaw nation, shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty, if any there be in the Choctaw nation. They shall also restore all the negroes, and all other property taken during the late war, from the citizens, to such person, and at such time and place as the Commissioners of the United States of America shall appoint, if any there be in the Choctaw nation.
Article II.
theh pyr of The Commissioners Plenipotentiary of all the Choctaw nation, do united states. hereby acknowledge the tribes and towns of the said uation, and the lands within the boundary allotted to the said Indians to live and hunt on, as mentioned in the third article, to be under the protection of the United States of America, and of no other sovereign whosoever.
Article III.
Boundaries. The boundary of the lands hereby allotted to the Choctaw nation to
live and hunt on, within the limits of the United States of America, is and shall be the following, viz. Beginning at a point on the thirty- first degree of north latitude, where the Eastern boundary of the Natches district shall touch the same; thence east along the said thirty -first degree of north latitude, being the southern boundary of the United States of America, until it shall strike the eastern bound¬ ary of the lands on which the Indians of the said nation did live and hunt on the twenty-ninth of November, one thousand seven hundred and eighty -two, while they were under the protection of the King of Great- Britain; thence northerly along the said eastern boundary, until it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary, until it shall meet the western
TREATY WITH THE CHOCTAWS, 1786.
9
boundary thereof; thence southerly along the same to the beginning: saving and reserving for the establishment of trading posts, three tracts or parcels of land of six miles square each, at such places as the United [States] in Congress assembled shall think proper; which posts, and the lands annexed to them, shall be to the use and under the gov¬ ernment of the United States of America.
Article IV.
If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands hereby allotted to the Indians to live and hunt on, such person shall forfeit the protection of the United States of America, and the Indians may punish him or not as they please.
Article V.
If any Indian or Indians, or persons, residing among them, or who shall take refuge in their nation, shall commit a robbery or murder or other capital crime on any citizen of the United States of America, or person under their protection, the tribe to which such offender may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled: Provided, that the punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.
Article VI.
If any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the pun¬ ishment shall be in presence of some of the Choctaws, if any will attend at the time and place; and that they may have an opportunity so to do, due notice, if practicable, of the time of such intended punishment, shall be sent to some one of the tribes.
Article VII.
It is understood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall not be practiced on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, first by a demand of justice, and if refused, then by a declara¬ tion of hostilities.
Article VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
Article IX.
Until the pleasure of Congress be known, respecting the eighth article, all traders, citizens of the United States of America, shall have liberty to go to any of the tribes or towns of the Choctaws, to trade with them, and they shall be protected in their persons and propertv and kindly treated.
No citizen of United States shall settle on Indian lands.
Indians to deliver up criminals.
Citizens of United States committing crimes against In¬ dians to be punished.
Retaliation re¬ strained.
United States to reg¬ ulate trade.
Special provision for trade.
10
TREATY WITH THE CHICKASAWS, 1786. Article X.
tice of desigTofagajjist The said Indians shall give notice to the citizens of the United States United states. 0f America, of any designs which they may know or suspect to be formed in any neighboring tribe, or by any person whosoever, against the peace, trade or interest of the United States of America.
Article XI.
Peace and friend¬ ship perpetual.
The hatchet shall be forever buried, and the peace given by the United States of America, and friendship re-established between the said states on the one part, and all the Choctaw nation on the other part, shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friend¬ ship re-established.
TREATY WITH THE CHICKASAWS, 1786.
. Articles of a treaty, concluded at Hopewell, on the Keowee, near Seneca Old Town , between Benjam in Hawkins , Andrew Pickens , and Joseph Martin , Commissioners Plenipotentiary of the United States of America , of the one Part; and Piomingo , Head Warrior and First Minister of the Chickasaw Nation; Mingatushka , one of the leading Chiefs; and Latopoia , first beloved Man of the said Nation , Com¬ missioners Plenipotentiary of all the Chickasaws , of the other Part.
The Commissioners Plenipotentiary of the United States of America give peace to the Chickasaw Nation, and receive them into the favor and protection of the said States, on the following conditions:
prisoners and prop- The Commissioners Plenipotentiary of the Chickasaw nation, shall erty* restore all the prisoners, citizens of the United States, to their entire
liberty, if any there be in the Chickasaw nation. The}" shall also restore all the negroes, and all other property taken during the late war, from the citizens, if any there be in the Chickasaw nation, to such. person, and at such time and place, as the Commissioners of the United States of America shall appoint.
Article II.
tettkfn^f^cnited The Commissioners Plenipotentiary of the Chickasaws, do hereby states. acknowledge the tribes and the towns of the Chickasaw nation, to be
under the protection of the United States of America, and of no other sovereign whosoever.
Article III.
Boundaries. The boundary of the lands hereby allotted to the Chickasaw nation
to live and hunt on, within the limits of the United States of America, is, and shall be the following, viz. Beginning on the ridge that divides the waters running into the Cumberland, from those running into the Tenessee, at a point in a line to be run north-east, which shall strike the Tenessee, at the mouth of Duck river; thence running westerly along the said ridge, till it shall strike the Ohio; thence down the southern banks thereof to the Missisippi; thence down the same, to the Choctaw line or Natches district; thence along the said line, or the line of the district eastwardly as far as the Chickasaws claimed, and lived and hunted on, the twenty-ninth of November, one thousand
TRE4TY WITH THE CHICKASAWS, 1786.
11
seven hundred and eighty-two. Thence the said boundary, eastwardly, shall be the lands allotted to the Choctaws and Cherokees to live and hunt on, and the lands at present in the possession of the Creeks; saving and reserving for the establishment of a trading post, a tract or parcel of land to be laid out at the lower port of the Muscle shoals, at the mouth of Ocochappo, in a circle, the diameter of which shall be five miles on the® river, which post, and the lands annexed
thereto, shall be to the use and under the government of the United States of America.
Article IV.
If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands hereby allotted to the Chickasaws to live and hunt on, such person shall forfeit the pro¬ tection of the United States of America, and the Chickasaws may punish him or not as they please.
Article V.
If any Indian or Indians, or persons residing among them, or who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any citizen of the United States, or person under their protection, the tribe to which such offender or offenders may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled: Provided, that the punishment shall not be greater, than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.
Article VI.
If any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the robbery or murder or other capital crime had been committed on a citizen of the United States of Amer¬ ica; and the punishment shall be in presence of some of the Chicka¬ saws, if any will attend at the time and place, and that they may have an opportunity so to do, due notice, if practicable, of such intended punishment, shall be sent to some one of the tribes.
Article VII.
It is understood that the punishment of the innocent under the idea of retaliation is unjust, and shall not be practiced on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, first by a demand of justice, and if refused, then by a decla¬ ration of hostilities.
Article VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
No citizen of United States shall settle on Indian lands.
Indians to deliver up criminals.
Citizens of United States committing crimes against In¬ dians to he punished.
Retaliation re¬ strained.
United States to reg¬ ulate trade.
a The name of the river is not in the original.
12
Special provision for trade.
Indians to give notice of designs against United States.
Peace and friend¬ ship perpetual.
Jan. SI, 1786.
7 Stat.,26.
Hostages delivered till prisoners axe re¬ stored.
Indians acknowl¬ edge the right of United States to terri¬ tory ceded by Great Britain.
To deliver up crim¬ inals.
TREATY WITH THE SHAWNEES, 1786.
Article IX.
Until the pleasure of Congress be known respecting the eighth article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Chickasaws to trade with them, and they shall be protected in their persons and property, and kindly treated.
Article X.
The said Indians shall give notice to the citizens of the United States of America, of any designs which they may know or suspect to be formed in any neighboring tribe, or by any person whosoever, against the peace, trade or interests of the United States of America.
Article XI.
The hatchet shall be forever buried, and the peace given by the United States of America, and friendship re-established between the said States on the one part, and the Chickasaw nation on the other part, shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friend¬ ship re-established.
TREATY WITH THE SHAWNEES, 1786.
Articles of a Treaty concluded at the Mouth of the Great Miami , on the North-western Bank of the Ohio, the thirty-first day of January, one thousand seven hundred and eighty-six , between the Commissioners Plenipotentiary of the United States of America, of the one Part , and the Chiefs and Warriors of the Shawanoe Nation, of the other Part.
Article I.
Three hostages shall be immediately delivered to the Commissioners, to remain in the possession of the United States until all the prisoners, white and black, taken in the late war from among the citizens of the United States, by the Shawanoe nation, or by any other Indian or Indians residing in their towns, shall be restored.
Article II.
The Shawanoe nation do acknowledge the United States to be the sole and absolute sovereigns of all the territory ceded to them by a treaty of peace, made between them and the King of Great Britain, the fourteenth day of January, one thousand seven hundred and eighty-four.
Article III.
If any Indian or Indians of the Shawanoe nation, or any other Indian or Indians residing in their towns, shall commit murder or robbery on, or do any injury to the citizens of the United States, or any of them, that nation shall deliver such offender or offenders to the officer com¬ manding the nearest post of the United States, to be punished accord¬ ing to the ordinances of Congress; and in like manner, any citizen of the United States, who shall do an injury to any Indian of the Shawa¬ noe nation, or to any other Indian or Indians residing in their towns, and under their protection, shall be punished according to the laws of the United States.
TREATY WITH THE WYANDOTS, ETC., 1189.
18
Article IV.
The Shawanoe nation having knowledge of the intention of any Si^,0sgagiFnstlciMS nation or body of Indians to make war on the citizens of the United states.
States, or of their counselling together for that purpose, and neglecting to give information thereof to the commanding officer of the nearest post of the United States, shall be considered as parties in such war, and be punished accordingly: and the United States shall in like man¬ ner inform the Shawanoes of any injury designed against them.
Article V.
The United States do grant peace to the Shawanoe nation, and do peacetotheshawfnoe receive them into their friendship and protection. nation.
Article VI.
The United States do allot to the Shawanoe nation, lands within their tan?' laLlf. them cer* territory to live and hunt upon, beginning at the south line of the lands allotted to the Wiandots and Delaware nations, at the place where the main branch of the Great Miami, which falls into the Ohio, intersects said line; then down the river Miami, to the fork of that river, next below the old fort which was taken by the French in one thousand seven hundred and fifty -two; thence due west to the river de la Panse; then down that river to the river Wabash, beyond which lines none of the citizens of the United States shall settle, nor disturb the Shawanoes in their settlement and possessions; and the Shawanoes do relinquish to the United States, all title, or pretence of title, they ever had to the lands east, west and south, of the east, west and south lines before described.
Article VII.
If any citizen or citizens of the United States, shall presume to settle No citizen of united upon the lands allotted to the Shawanoes by this treaty, he or they shall IianiandsettIe on In" be put out of the protection of the United States.
TREATY WITH THE WYANDOTS, ETC., 1789.
Articles of a Treaty Made at Fort Narmar, between Arthur St. Clair , Jan- 9> 1789-
Governor of the Territory _ of the United States North- West of the r stat, 28.
River Ohio, and Commissioner Plenipotentiary of the United States pfesfdeS°of°Vhe of America , for removing all Causes of Controversy , regulating united states,* stating Trade , and settling Boundaries , with the Indian Nations in the fee n thdeu iy e rSitfed! Northern Department , of the one Part; and the Sachems and War- sept. 27, i?89. riors of the Wiandot, Delaware , Ottawa , Chippewa , Pattawatima and Sac Nations , on the other Part.
Article I.
Whereas the United States in Congress assembled, did, by their two persons as hos- Commissioners George Rogers Clark, Richard Butler, and Arthur Lee, bfunited staSuFtil Esquires, duly appointed for that purpose, at a treaty holden with the Sored pnsoners are Wiandot, Delaware, Ottawa and Chippewa nations, at Fort M’Intosh, on the twenty -first day of January, in the year of our Lord one thou¬ sand seven hundred and eighty-five, conclude a peace with the Wyan- dots, Delawares, Ottawas and Chippewas, and take them into their friendship and protection: And whereas at the said treaty it was stipulated that all prisoners that had been made by those nations, or
14
TREATY WITH THE WYANDOTS, ETC., 1789.
either of them, should he delivered up to the United States. And whereas the said nations have now agreed to and with the aforesaid Arthur St. Clair, to renew and confirm all the engagements they had made 'with the United States of America, at the before mentioned treaty, except so far as are altered by these presents. And there are now in the possession of some individuals of these nations, certain prisoners, who have been taken by others not in peace with the said United States, or in violation of the treaties subsisting between the United States and them; the said nations agree to deliver up all the prisoners now in their hands (by what means soever they may have come into their possession) to the said Governor St. Clair, at Fort Harmar, or in his absence, to the officer commanding there, as soon as conveniently may be; and for the true performance of this agree¬ ment, they do now agree to deliver into his hands, two persons of the Wyandot Nation, to be retained in the hands of the United States as hostages, until the said prisoners are restored; after which they shall be sent back to their nation.
Article EL
meriynfixed renewed And whereas at the before mentioned treaty it was agreed between and confirmed. e the United States and said nations, that a boundary line should be fixed between the lands of those nations and the territory of the United States; which boundary is as follows, viz. — Beginning at the mouth of Cayahoga river, and running thence up the said river to the portage between that and the Tuscarawa branch of Muskingum, then down the said branch to the forks at the crossing-place above fort Lawrence, thence westerly to the portage on that branch of the Big Miami river which runs into the Ohio, at the mouth of which branch the fort stood which was taken by the French in the year of our Lord one thousand seven hundred and fifty-two, then along the said portage to the Great Miami or Omie river, and down the south-east side of the same to its mouth; thence along the southern shore of Lake Erie to the mouth of Cayahoga, where it began. And the said Wyandot, Delaware, Ottawa and Chippewa Nations, for and in consideration of the peace then granted to them by the said United States, and the presents they then received, as well as of a quantity of goods to the value of six thousand dollars, now delivered to them by the said Arthur St. Clair, the receipt whereof they do hereby acknowledge, do by these presents renew and confirm the said boundary line; to the end that the same may remain as a division line between the lands of the United States of America, and the lands of said nations, Lands ceded to forever. And the undersigned Indians do hereby in their own names, united states. and the names of their respective nations and tribes, their heirs and descendants, for the consideration above-mentioned, release, quit claim, relinquish and cede to the said United States, all the land east, south and west of the lines above described, so far as the said Indians formerly claimed the same; for them the said United States to have and to hold the same in true and absolute propriety forever.
Article III.
ciSmtoceitetoiands The United States of America do by these presents relinquish and Indians not at liberty quitclaim to the said nations respectively, all the lands lying between lands, Except ,°etc.a 1 ^ the limits above described, for them the said Indians to live and hunt upon, and otherwise to occupy as they shall see fit: But the said nations, or either of them, shall not be at liberty to sell or dispose of the same, or any part thereof, to any sovereign power, except the United States; nor to the subjects or citizens of any other sovereign power, nor to the subjects or citizens of the United States.
TREATY WITH THE WYANDOTS, ETC., 1789
Article IV.
15
It is agreed between the said United States and the said nations, that Indians at liberty to the individuals of said nations shall be at liberty to hunt within the ter- ed to united states6 ritory ceded to the United States, without hindrance or molestation, so long as they demean themselves peaceably, and offer no injury or annoyance to any of the subjects or citizens of the said United States.
Article V.
It is agreed that if any Indian or Indians of the nations before men- individuals of one tioned, shall commit a murder or robbery on any of the citizens of the murder orCrobbery1on United States, the nation or tribe to which the offender belongs, on ered0upefortriaidehv' complaint being made, shall deliver up the person or persons complained of, at the nearest post of the United States; to the end that he or they may be tried, and if found guilty, punished according to the laws estab¬ lished in the territory of the United States north-west of the river Ohio, for the punishment of such offences, if the same shall have been com¬ mitted within the said territory ; or according to the laws of the State where the offence may have been committed, if the same has happened in any of the United States. In like manner, if any subject or citizen of the United States shall commit murder or lobbery on any Indian or Indians of the said nations, upon complaint being made thereof, he or they shall be arrested, tried and punished agreeable to the laws of the state or of the territory wherein the offence was committed; that noth¬ ing may interrupt the peace and harmony now established between the United States and said nations.
Article VI.
And whereas the practice of stealing horses has prevailed very much, Persons to be severe- to the great disquiet of the citizens of the United States, and if per- ingpUhorsesd sisted in, cannot fail to involve both the United States of America and plrtr^wlom the Indians in endless animosity, it is agreed that it shall be put an theybeiong. entire stop to on both sides; nevertheless, should some individuals, in defiance of this agreement, and of the laws provided against such offences, continue to make depredations of that nature, the person con¬ victed thereof shall be punished with the utmost severity the laws of the respective states, or territory of the United States north-west of the Ohio, where the offence may have been committed, will admit of: And all horses so stolen, either by the Indians from the citizens or subjects of the United States, or by the citizens or subjects of the United States from any of the Indian nations, may be reclaimed, into whose posses¬ sion soever they may have passed, and, upon due proof, shall be restored; any sales in market overt, notwithstanding. And the civil magis¬ trates in the United States respectively, and in the territory of the United States north-west of the Ohio, shall give all necessary* aid and protection to Indians claiming such stolen horses.
Article VII.
Trade shall be opened with the said nations, and they do hereby Trade to be opened respectively engage to afford protection to the persons and property tJ
of such as may be duly licensed to reside among them for the purposes t^ose licensed .to re- of trade, and to their agents, factors and servants; but no person shall “ ea“ong them- be permitted to reside at their towns, or at their hunting camps, as a trader, who is not furnished with a license for that purpose, under the hand and seal of the Governor of the territory of the United States north-west of the Ohio, for the time being, or under the hand and seal of one of his deputies for the management of Indian affairs; to the end
16
TREATY WITH THE WYANDOTS, ETC., 1789.
Persons intruding without license to be apprehended and given up.
Notice to be given of war or harm known to be meditated against either party.
No .citizen of United States shall settle on Indian lands.
Reservations by United States for trad¬ ing posts.
The post at Detroit, etc., reserved.
The post at Michi- limackinac, etc., re¬ served.
that they may not be imposed upon in their traffic. And if any per¬ son or persons shall intrude themselves without such licence, they promise to apprehend him or them, and to bring them to the said Gov¬ ernor, or one of his deputies, for the purpose before mentioned, to be dealt with according to law: And that they may be defended against persons who might attempt to forge such licenses, they further engage to give information to the said Governor, or one of his deputies, of the names of all traders residing among them from time to time, and at least once in every year.
Article VIII.
Should any nation of Indians meditate a war against the United States, or either of them, and the same shall come to the knowledge of the before mentioned nations, or either of them, they do hereby engage to give immediate notice thereof to the Governor, or in his absence to the officer commanding the troops of the United States at the nearest post. And should any nation with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent the same, and in like manner give information of such attempt to the said Governor or commanding officer, as soon as possible, that all causes of mistrust and suspicion may be avoided between them and the United States: In like manner the United States shall give notice to the said Indian nations, of any harm that may be meditated against them, or either of them, that shall come to their knowledge; and do all in their power to hinder and prevent the same, that the friendship between them may be uninterrupted.
Article IX.
If any person or persons, citizens or subjects of the United States, or any other person not being an Indian, shall presume to settle upon the lands confirmed to the said nations, he and they shall be out of the protection of the United States; and the said nations may punish him or them in such manner as they see fit.
Article X.
The United States renew the reservations heretofore made in the before mentioned treaty at Fort M’Intosh, for the establishment of trading posts, in manner and form following; that is to say: Six miles square at the mouth of the Miami or Omie river; six miles square at the portage upon that branch of the Miami which runs into the Ohio; six miles square upon the lake Sanduslsy where the fort formerly stood; and two miles square upon each side the Lower Rapids on Sandusky river, which posts, and the lands annexed to them, shall be for the use and under the government of the United States.
Article XI.
The post at Detroit, with a district of land beginning at the mouth of the river Rosine, at the west end of lake Erie, and running up the southern bank of said river six miles; thence northerly, ana always six miles west of the strait, until it strikes the lake St. Clair, shall be reserved for the use of the United States.
Article XII.
In like manner the post at Michilimackinac, with its dependencies, and twelve miles square about the same, shall be reserved to the sole use of the United States.
TREATY WITH THE WYANDOTS, ETC., 1789.
Article XIII.
The United States of America do hereby renew and confirm the peace and friendship entered into with the said nations, at the treaty before mentioned, held at Fort MTntosh; and the said nations again acknowledge themselves, and all their tribes, to be under the protection ox the said United States, and no other power whatever.
Article XIY.
The United States of America do also receive into their friendship and protection, the nations of the Pattiwatimas and Sacs; and do hereby establish a league of peace and amity between them respectively; and all the articles of this treaty, so far as they apply to these nations, are to be considered as made and concluded in all, and everv part, expressly with them and each of them.
Article XY.
And whereas in describing the boundary before mentioned, the words, if strictly constructed, would carry it from the portage on that branch of the Miami, which runs into the Ohio, over to the river Au Glaize; which was neither the intention of the Indians, nor of the Commis¬ sioners; it is hereby declared, that the line shall run from the said portage directly to the first fork of the Miami river, which is to the southward and eastward of the Miami village, thence down the main branch of the Miami river to the said village, and thence down that river to Lake Erie, and along the margin of the lake to the place of beginning.
Be it remembered , That the Wyandots have laid claim to the lands that were granted to the Shawanese, at the treaty held at the Miami, and have declared, that as the Shawanese have been so restless, and caused so much trouble, both to them and to the United States, if they will not now be at peace, they will dispossess them, and take the coun¬ try into their own hands; for that the country is theirs of right, and the Shawanese are only living upon it by tLeir permission. They further lay claim to all the country west of the Miami boundary, from the village to the lake Erie, and declare that it is now under their management and direction.
Separate Article.
Whereas the Wyandots have represented, that within the reservation from the river Rosine along the Strait, they have two villages from which they cannot with any convenience remove; it is agreed, that they shall remain in possession of the same, and shall not be in any manner disturbed therein.
Separate Article.
Should a robbery or murder be committed by an Indian or Indians of the said nations upon the citizens or subjects of the United States or any of them, or by the citizens or subjects of the United States or any of them, upon any Indian or Indians of the said nations, the parties accused of the same shall be tried, and, if. found guilty, be S. Doc. 452 - -2
17
Peace and friend¬ ship renewed and con¬ firmed.
The nations of Pot- awatomies and Sacs taten into protection of United States.
Boundary line fur¬ ther explained.
Wyandots will dis¬ possess the Shawa¬ nese, if the latter will not be at peace.
Two Wyandot vil¬ lages within the res¬ ervations not to he disturbed.
In ease of robbery or murder, the offend¬ er to be delivered up, etc.
18
TREATY WITH THE SIX HATTONS, 1789.
Jan. 9, 1789.
7 Stat., 33.
Reference to t li e treaty of fort Stanwix.
Renewal of engage¬ ments.
The Mohawks ex¬ cepted.
punished according to the laws of the state, or of the territory of the United States, as the case may be, where the same was committed; and should any horses be stolen, either by the Indians of the said nations from the citizens or subjects of the United States or any of them, or by any of the said citizens and subjects from any of the said Indians, they may be reclaimed, into whose possession soever they may have come; and, upon due proof, shall be restored, any sales in open market notwithstanding. And the parties convicted shall be punished with the utmost severity the laws will admit; and the said nations engage to deliver the parties that may be accused of their nations of either of the before-mentioned crimes, at the nearest post of the United States, if the crime was committed within the territory of the United States, or to the civil authoritv of the States, if it shall have happened within any of the United States.
TREATY WITH THE SIX NATIONS, 1789.
Articles of a treaty made at fort-Harmar , the ninth day of January , in the year of our Lord one thousand seven hundred and eighty-nine , between Arthur St. Clair , esquire , governor of the territory of the United States of America , north-west of the river Ohio , and com¬ missioner plenipotentiary of the said United States, for removing all causes of controversy, regulating trade , and settling boundaries , between the Indian 7iations in the northern department and the said United States , of the one part , and the sachems and warriors of the Six Nations , of the other part:
Art. 1. Whereas the United States, in congress assembled, did, by their commissioners, Oliver Wolcott, Richard Butler, and Arthur Lee, esquires, duly appointed for that purpose, at a treaty held with the said Six Nations, viz: with the Mohawks, Oneidas, Onondagas, Tus- caroras, Cayugas, and Senekas, at fort Stanwix, on the twenty -second day of October, one thousand seven hundred and eighty-four, give peace to the said nations, and receive them into their friendship and protection: And whereas the said nations have now agreed to and with the said Arthur St. Clair, to renew and confirm all the engagements and stipulations entered into at the beforementioned treaty at fort Stanwix: and whereas it was then and there agreed, between the United States of America and the said Six Nations, that a boundary line should be fixed between the lands of the said Six Nations and the terri¬ tory of the said United States, which boundary line is as follows, viz: Beginning at the mouth of a creek, about four miles east of Niagara, called Ononwayea, or Johnston’s Landing Place, upon the lake named by the Indians Oswego, and by us Ontario; from thence southerly, in a direction always four miles east of the carrying place, between lake Erie and lake Ontario, to the mouth of Tehoseroton, or Buffalo creek, upon lake Erie; thence south, to the northern boundary of the state of Pennsylvania; thence west, to the end of the said north boundary; thence south, along the west boundary of the said state to the river Ohio. The said line, from the mouth of Ononwayea to the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all claim to the country west of the said boundary; and then they shall be secured in the possession of the lands the}T inhabit east, north, and south of the same, reserving only six miles square, round the fort of Oswego, for the support of the same. The said Six Nations, except the Mohawks, none of whom have attended at this time, for and in consideration of the peace then granted to them, the presents they then received, as well as in consideration of a quantity of goods, to the value of three thousand dollars, now delivered to them by the said Arthur St. Clair, the receipt
TREATY WITH THE CREEKS, 1790.
19
whereof they do hereby acknowledge, do hereby renew and confirm the said boundary line in the words beforementioned, to the end that it may be and remain as a division line between the lands of the said Six Nations and the territory of the United States, forever. And the undersigned Indians, as well in their own names as in the name of their respective tribes and nations, their heirs and descendants, for the con¬ siderations beforementioned, do release, quit claim, relinquish, and cede, to the United States of America, all the lands west of the said boundary or division line, and between the said line and the strait, from the mouth of Ononwayea and Buffalo Creek, for them, the said United States of America, to have and to hold the same, in true and absolute propriety, forever.
Art. 2. The United States of America confirm to the Six Nations, all the lands which they inhabit, lying east and north of the before- mentioned boundary line, and relinquish and quit claim to the same and every part thereof, excepting only six miles square round the fort of Oswego, which six miles square round said fort is again reserved to the United States by these presents.
Art. 3. The Oneida and Tuscarora nations, are also again secured and confirmed in the possession of their respective lands.
Art. 4. The United States of America renew and confirm the peace and friendship entered into with the Six Nations, (except the Mohawks), at the treaty beforementionedyheld at fort Stanwix, declaring the same to be perpetual. And if the Mohawks shall, within six months, declare their assent to the same, they shall be considered as included.
Separate Article.
Should a robbery or murder be committed by an Indian or Indians of the Six Nations, upon the citizens or subjects of the United States, or by the citizens or subjects of the United States, or any of them, upon any of the Indians of the said nations, the parties accused of the same shall be tried, and if found guilty, be punished according to the laws of the state, or of the territory of the United States, as the case may be, where the same was committed. And should any horses be stolen, either bj^ the Indians of the said nations, from the citizens or subjects of the United States, or any of them, or by any of the said citizens or subjects from any of the said Indians, they may be reclaimed into whose possession soever they may have come; and, upon due proof, shall be restored, any sale in open market notwithstanding; and the persons convicted shall be punished with the utmost severity the laws will admit. And the said nations engage to deliver the persons that may be accused, of their nations, of either of the beforementioned crimes, at the nearest post of the United States, if the crime was com¬ mitted within the territory of the United States ; or to the civil authority of the state, if it shall have happened within any of the United States.
TREATY WITH THE CREEKS, 1790.
A Treaty of Peace and Friendship made and concluded between the President of the United States of America, on the Part and BeJmlf of the said States , and the undersigned Kings , Chiefs and Warriors of the Creek Nation of Indians , on the Part and Behalf of the said Nation.
The parties being desirous of establishing permanent peace and friendship between the United States and the said Creek Nation, and the citizens and members thereof, and to remove the causes of war bv
Old boundary con¬ firmed.
Lands west of said line ceded forever to United States.
Certain lands con¬ firmed to the Six Na¬ tions, except, etc.
Lands of Oneidas and Tuscaroras con¬ firmed to them anew.
Peace and friend¬ ship renewed.
Mohawxs allowed six months to assent.
Robberies and mur¬ ders to be punished according to the law, etc.
Stolen horses to be restored.
Offenders to be de¬ livered up.
Aug. 7, 1790.
Proclamation, Aug 13, 1790.
7 Stat., 35.
20
TREATY WITH THE CREEKS, 1790.
ascertaining their limits, and making other necessary, just and friendly arrangements: The President of the United States, by Henry Knox, Secretary for the Department of War, whom he hath constituted with full powers for these purposes, by and with the advice and consent of the Senate of the United States, and the Creek Nation, by the under¬ signed Kings, Chiefs and Warriors, representing the said nation, have agreed to the following articles.
Article I.
shiver etuai frienf1' There shall be perpetual peace and friendship between all the citi¬ zens of the United States of America, and all the individuals, towns and tribes of the Upper, Middle and Lower Creeks and Semanolies composing the Creek nation of Indians.
Article II.
Indians acknowi- The undersigned Kings, Chiefs and Warriors, for themselves and United states.Uon °f all parts of the Creek Nation within the limits of the United States, do acknowledge themselves, and the said parts of the Creek nation, to be under the protection of the United States of America, and of no other sovereign whosoever; and they also stipulate that the said Creek Nation will not hold any treaty with an individual State, or with individuals of any State.
Article III.
Prisoners to be re- The Creek Nation shall deliver as soon as practicable to the com- stored- manding officer of the troops of the United States, stationed at the
Rock-Landing on the Oconee river, all citizens of the United States, white inhabitants or negroes, who are now prisoners in any part of the said nation. And if any such prisoners or negroes should not be so delivered, on or before the first day of J une ensuing, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners and negroes.
Article IV.
Boundaries. The boundary between the citizens of the United States and the
Creek Nation is, and shall be, from where the old line strikes the river Savannah ; thence up the said river to a place on the most northern branch of the same, commonly called the Keowee, where a north east line to be drawn from the top of the Occunna mountain shall intersect; thence along the said line in a south-west direction to Tugelo river; thence to the top of the Currahee mountain ; thence to the head or source of the main south branch of the Oconee river, called the Appa- lachee; thence down the middle of the said main south branch and river Oconee, to its confluence with the Oakmulgee, which form the river Altamaha; and thence down the middle of the said Altamaha to the old line on the said river, and thence along the said old line to the river St. Mary’s.
And in order to preclude forever all disputes relatively to the head or source of the main south branch of the river Oconee, at the place where it shall be intersected by the line aforesaid, from the Currahee moun¬ tain, the same shall be ascertained by an able surveyor on the part of the United States, who shall be assisted by three old citizens of Georgia, who may be appointed by the Governor of the said state, and three old Creek chiefs, to be appointed by the said nation; and the said surveyor, citizens and chiefs shall assemble for this purpose, on the first day of October, one thousand seven hundred and ninety-one, at the Rock Landing on the said river Oconee, and thence proceed to ascertain the
TREATY WITH THE CREEKS, 1790.
21
said head or source of the main south branch of the said river, at the place where it shall be intersected by the line aforesaid, to be drawn from the Currahee mountain. And in order that the said boundary shall be rendered distinct and well known, it shall be marked by a line of felled trees at least twenty feet wide, and the trees chopped on each side from the said Currahee mountain, to the head or source of the said main south branch of the Oconee river, and thence down the margin of the said main south branch and river Oconee for the distance of twenty miles, or as much farther as may be necessary to mark distinctly the said boundary. And in order to extinguish forever all claims of the Creek nation, or any part thereof, to any of the land lying to the northward and eastward of the boundary herein described, it is hereby agreed, in addition to the considerations heretofore made for the said land, that the United States will cause certain valuable Indian goods now in the state of Georgia, to be delivered to the said Creek nation; and the said United States will also cause the sum of one thousand and .five hundred dollars to be paid annually to the said Creek nation. And the undersigned Kings, Chiefs and Warriors, do hereby for themselves and the whole Creek nation, their heirs and descendants, for the con¬ siderations above-mentioned, release, quit claim, relinquish and cede, all the land to the northward and eastward of the boundary herein described.
Article Y.
The United States solemnly guarantee to the Creek Nation, all their Guarantee, lands within the limits of the United States to the westward and south¬ ward of the boundary described in the preceding article.
Article VI.
If any citizen of the United States, or other person not being an No citizen of united Indian, shall attempt to settle on any of the Creeks lands, such person dianiands6 e onIn" shall forfeit the protection of the United States, and the Creeks may punish him or not, as they please.
Article VII.
No citizen or inhabitant of the United States shall attempt to hunt Nor hunt on the or destroy the game on the Creek lands: Nor shall any such citizen same' or inhabitant go into the Creek country, without a passport first obtained from the Governor of some one of the United States, or the officer of the troops of the United States commanding at the nearest military post on the frontiers, or such other person as the President of the United States may, from time to time, authorize to grant the same.
Article YIII.
If any Creek Indian or Indians, or person residing among them, or Indians to deliver who shall take refuge in their nation, shall commit a robbery or mur- upcmnma s- der, or other capital crime, on any of the citizens or inhabitants of the United States, the Creek nation, or town, or tribe to which such offender or offenders may belong, shall be bound to deliver him or them up, to be punished according to the laws of the United States.
Article IX.
If any citizen or inhabitant of the United States, or of either of the citizens of united territorial districts of the United States, shall go into any town, settle- erimls aJSSt^indf- ment or territory belonging to the Creek nation of Indians, and shall ans t0 be punished- there commit any crime upon, or trespass against the person or property
22
TREATY WITH THE CHEROKEES, 1791.
of any peaceable and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders shall be subject to the same punishment, and shall be pro¬ ceeded against in the same manner, as if the offence had been commit¬ ted within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.
Article X.
strained! * a 1 1 ° 11 re~ In cases of violence on the persons or property of the individuals of
either party, neither retaliation nor reprisal shall be committed by the other, until satisfaction shall have been demanded of the party, of which the aggressor is, and shall have been refused.
Article XI.
notice ^of 8 designs The Creeks shall give notice to the citizens of the United States of
against united states, any designs, which they ma}r know or suspect to be formed in any neighboring tribe, or by any person whatever, against the peace and interests of the United States.
Article XII.
makeiteprfsei!tsS to That the Creek nation may be led to a greater degree of civilization, them. and to become herdsmen and cultivators, instead of remaining in a
state of hunters, the United States will from time to time furnish gra¬ tuitously the said nation with useful domestic animals and implements of husbandry. And further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communi¬ cation, the United States will send such, and so many persons to reside in said nation as they may judge proper, and not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have lands assigned them by the Creeks for cultivation, for themselves and their successors in office; but they shall be pre¬ cluded exercising any kind of traffic.
Article XIII.
ceie.imosities t0 All animosities for past grievances shall henceforth cease; and the contracting parties will carry the foregoing treaty into full execution, with all good faith and sincerity.
Article XIV.
Ratification This treaty shall take effect and be obligatory on the contracting
parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States.
TREATY WITH THE CHEROKEES, 1791.
July 2, 1791. A Treaty of Peace and Friendship made and concluded between the
7 stat., 39. President of the United States of America , on the Part and
Proclamation, Feb. Behalf of the said States , and the undersigned Chiefs and War¬ riors of the Cherokee Nation of Indians , on the Part and Behalf of the said Nation.
The parties being desirous of establishing permanent peace and friendship between the United States and the said Cherokee Nation, and the citizens and members thereof, and to remove the causes of war, by
TREATY WITH THE CHEROKEES, 1791.
23
ascertaining their limits and making other necessary, just and friendly arrangements: The President of the United States, by William Blount,
Governor of the territory of the United States of America, south of the river Ohio, and Superintendant of Indian affairs for the southern district, who is vested with full powers for these purposes, by and with the advice and consent of the Senate of the United States: And the Cherokee Nation, by the undersigned Chiefs and Warriors repre¬ senting the said nation, have agreed to the following articles, namely:
Article I.
There shall be perpetual peace and friendship between all the citi- pCeerptSiai Mend' zens of the United States of America, and all the individuals compos¬ ing the whole Cherokee nation of Indians.
Article II.
The undersigned Chiefs and Warriors, for themselves and all parts edgediaprotectionOWof of the Cherokee nation, do acknowledge themselves and the said Cher- united states, okee nation, to be under the protection of the said United States of America, and of no other sovereign whosoever; and they also stipu¬ late that the said Cherokee nation will not hold any treaty with any foreign power, individual state, or with individuals of any state.
Article III.
The Cherokee nation shall deliver to the Governor of the territory stored0ners to be re" of the United States of America, south of the river Ohio, on or before the first day of April next, at this place, all persons who are now pris¬ oners, captured by them from any part of the United States: And the United States shall on or before the same day, and at the same place, restore to the Cherokees, all the prisoners dow in captivity, which the citizens of the United States have captured from them.
Article IV.
The boundary between the citizens of the United States and the Boundaries. Cherokee nation, is and shall be as follows: Beginning at the top of the Currahee mountain, where the Creek line passes it; thence a direct line to Tugelo river; thence north east to the Occunna mountain, and over the same along the South-Carolina Indian boundary to the North- Carolina boundary; thence north to a point from which a line is to be extended to the river Clinch, that shall pass the Holston at the ridge which divides the waters running into Little River from those running into the Tennessee; thence up the river Clinch to Campbell’s line, and along the same to the top of Cumberland mountain; thence a direct line to the Cumberland river where the Kentucky road crosses it; thence down the Cumberland river to a point from which a south west line will strike the ridge which divides the waters of Cumberland from those of Duck river, forty miles above Nashville; thence down the said ridge to a point from whence a south west line will strike the mouth of Duck river.
And in order to preclude forever all disputes relative to the said boundary, the same shall be ascertained, and marked plainly by three persons appointed on the part of the United States, and three Chero¬ kees on the part of their nation.
And in order to extinguish forever all claims of the Cherokee nation, or any part thereof, to any of the land lying to the right of the line above described, beginning as aforesaid at the Currahee mountain, it is hereby agreed, that in addition to the consideration heretofore made for the said land, the United States will cause certain valuable goods,
24
TREATY WITH THE CHEROKEES, 1791.
Stipulation for a road.
United States to reg¬ ulate trade.
Guarantee.
No citizen to settle on Indian lands.
Nor hunt on the same.
Indians to deliver up criminals.
Citizens of United States committing crimes in Indian ter¬ ritory to be punished.
to be immediately delivered to the undersigned Chiefs and Warriors, for the use of their nation; and the said United States will also cause the sum of one thousand dollars to be paid annually to the said Chero¬ kee nation. And the undersigned Chiefs and Warriors, do hereby for themselves and the whole Cherokee nation, their heirs and descendants, for the considerations above-mentioned, release, quit-claim, relinquish and cede, all the land to the right of the line described, and beginning as aforesaid.
Article Y.
It is stipulated and agreed, that the citizens and inhabitants of the United States, shall have a free and unmolested use of a road from Washington district to Mero district, and of the navigation of the Ten¬ nessee river.
Article YI.
It is agreed on the part of the Cherokees, that the United States shall have the sole and exclusive right of regulating their trade.
Article VII.
The United States solemnty guarantee to the Cherokee nation, all their lands not hereby ceded.
Article VIII.
If any citizen of the United States, or other person not being an Indian, shall settle on any of the Cherokees’ lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please.
Article IX.
No citizen or inhabitant of the United States, shall attempt to hunt or destroy the game on the lands of the Cherokees; nor shall any citi¬ zen or inhabitant go into the Cherokee country, without a passport first obtained from the Governor of some one of the United States, or territorial districts, or such other person as the President of the United States may from time to time authorize to grant the same.
Article X.
If any Cherokee Indian or Indians, or person residing among them, or who shall take refuge in their nation, shall steal a horse from, or commit a robbery or murder, or other capital crime, on any citizens or inhabitants of the United States, the Cherokee nation shall be bound to deliver him or them up, to be punished according to the laws of the United States.
Article XI.
If any citizen or inhabitant of the United States, or of either of the territorial districts of the United States, shall go into any town, settle¬ ment or territory belonging to the Cherokees, and shall there commit any crime upon, or trespass against the person or property of any peaceable and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offend¬ ers, shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.
TREATY WITH THE CHEROKEES, 1791. Article XII.
25
In case of violence on the persons or property of the individuals of Retaliation restram- either party , neither retaliation or reprisal shall be committed by the ed‘ other, until satisfaction shall have been demanded of the party of which the aggressor is, and shall have been refused.
Article XIII.
The Cherokees shall give notice to the citizens of the United States, no<Jjierokefesdto -give of any designs which they may know, or suspect to be formed in any against united states8 neighboring tribe, or by any person whatever, against the peace and interest of the United States.
Article XIV.
# That the Cherokee nation may be led to a greater degree of civiliza- united states to tion, and to become herdsmen and cultivators, instead of remaining in make presents- a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful implements of husbandry, and further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have lands assigned by the Cherokees for cultivation for themselves and their successors in office; but they shall be precluded exercising' anv kind of traffic.
Article XV.
All animosities for past grievances shall henceforth cease, and the Animosities to contracting parties will carry the foregoing treaty into full execution cease' with all good faith and sincerity.
Article XVI.
This treaty shall take effect and be obligatory on the contracting Ratification, parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States.
Additional Article To the Treaty made between the United States and Feb. 17, 1792.
the Cherokees on the second day of July, one thousand seven hundred ~ ~ ' . . -
and ninety -one. •’ 2
It is hereby mutually agreed between Henry Knox, Secretary of Proclamation, Feb. War, duly authorized thereto in behalf of the United States, on the 17’1792- one part, and the undersigned chiefs and warriors, in behalf of them¬ selves and the Cherokee nation, on the other part, that the following article shall be added to and considered as part of the treaty made between the United States and the said Cherokee nation on the second day of July, one thousand seven hundred and ninety-one; to wit:
The sum to be paid annually by the United States to the Cherokee increase of annual nation of Indians, in consideration of the relinquishment of land as payment to Indians, stated in the treaty made with them on the second day of July, one thousand seven hundred and ninety-one, shall be one thousand five hundred dollars instead of one thousand dollars, mentioned in the said treaty.
26
TEE AT Y WITH THE CHEEOKEES, 1794.
TREATY WITH THE CHEROKEES, 1794.
June 26, 1794. Whereas the treaty made and concluded on Holston river, on the second da}^ of July, one thousand seven hundred and ninety-one, 2iPi795amation’ Jan‘ between the United States of America and the Cherokee nation of Ante, p. 22. Indians, has not been fully carried into execution by reason of some
misunderstandings which have arisen:
Article I.
Treaty of Hoiston And whereas the undersigned Henry Knox, Secretary for the depart- bmdmg. ment of War, being authorized thereto by the President of the United
States, in behalf of the said United States, and the undersigned Chiefs and Warriors, in their own names, and in behalf of the whole Chero¬ kee nation, are desirous of re-establishing peace and friendship between the said parties in a permanent manner, Do hereby declare, that the said treaty of Holston is, to all intents and purposes, in full force and binding upon the said parties, as well in respect to the boundaries therein mentioned as in all other respects whatever.
Article II.
markeddaries to be Tt is hereby stipulated that the boundaries mentioned in the fourth article of the said treaty, shall be actually ascertained and marked in the manner prescribed by the said article, whenever the Cherokee nation shall have ninety days notice of the time and place at which the commissioners of the United States intend to commence their operation.
Article III.
Annual allowance The United States, to evince their justice by amply compensating of goods. the said Cherokee nation of Indians for all relinquishments of land
made either by the treaty of Hopewell upon the Keowee river, con¬ cluded on the twenty-eighth of November, one thousand seven hundred and eighty-five, or the aforesaid treaty made upon Holston river, on the second of July, one thousand seven hundred and ninety-one, do hereby stipulate, in lieu of all former sums to be paid annually to fur¬ nish the Cherokee Indians with goods suitable for their use, to the amount of five thousand dollars yearly.
Article IV.
stolen aVsumhtorbe And the said Cherokee nation, in order to evince the sincerity of deducted from the their intentions in future, to prevent the practice of stealing horses, annuity. attended with the most pernicious consequences to the lives and peace
of both parties, do hereby agree, that for every horse which shall be stolen from the white inhabitants by any Cherokee Indians, and not re¬ turned within three months, that the sum of fifty dollars shall be de¬ ducted from the said annuity of five thousand dollars.
Article Y.
additioifto^he^treaty The articles now stipulated will be considered as permanent additions of Holston. to the treaty of Holston, as soon as they shall have been ratified by the
President of the United States and the Senate of the United States.
TREATY WITH THE SIX NATIOXS, 1794.
TREATY WITH THE SIX NATIONS, 1794.
27
A Treaty between the United States of America , and the Tribes of Indians called the Six Nations .
The President of the United States having determined to hold a con¬ ference with the Six Nations of Indians, for the purpose of removing from their minds all causes of complaint, and establishing a firm and permanent friendship with them; and Timothy Pickering being ap¬ pointed sole agent for that purpose; and the agent having met and conferred with the Sachems, Chiefs and Warriors of the Six Nations, in a general council: Now, in order to accomplish the good design of this conference, the parties have agreed on the following articles; which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the Six Nations.
Not. 11, 1794.
7 Stat., 44. Proclamation, Jan. 21, 1795.
Article I.
Peace and friendship are hereby firmly established, and shall be per- shU*Uerri^dnl friend' petual, between the United States and the Six Nations.
Article II.
The United States acknowledge the lands reserved to the Oneida, cu^Jtoindians8 se' Onondaga and Cayuga Nations, in their respective treaties with the °ure ° n ians' state of New-York, and called their reservations, to be their property; and the United States will never claim the same, nor disturb them or either of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: but the said reservations shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase.
Article III.
The land of the Seneka nation is bounded as follows: Beginning on B°un.<iaiy of lands Lake Ontario, at the north-west corner of the land they sold to Oliver ecanition. 0 e en‘ Phelps, the line runs westerly along the lake, as far as O-yong-wong- yeh Creek, at Johnson’s Landing-place, about four miles eastward from the fort of Niagara; then southerly up that creek to its main fork, then straight to the main fork of Stedman’s creek, which empties into the river Niagara, above fort Schlosser, and then onward, from that fork, continuing the same straight course, to that river; (this line, from the mouth of O-yong-wong-yeh Creek to the river Niagara, above fort Schlosser, being the eastern boundary of a strip of land, extending from the same line to Niagara river, which the Seneka nation ceded to the King of Great-Britain, at a treaty held about thirty years ago, with Sir William Johnson;) then the line runs along the river Niagara to Lake Erie; then along Lake Erie to the north-east corner of a trian¬ gular piece of land which the United States conveyed to the state of Pennsylvania, as by the President’s patent, dated the third day of March, 1792; then due south to the northern boundary of that state; then due east to the south-west corner of the land sold by the Seneka nation to Oliver Phelps; and then north and northerly, along Phelps’s line, to the place of beginning on Lake Ontario. Now, the United States acknowledge all the land within the aforementioned boundaries, to be the property of the Seneka nation; and the United States will never claim the same, nor disturb the Seneka nation, nor any of the Six Nations, or of their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: but it shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase.
28
Six nations never to claim other lands in the United States.
Eight to make and use a road granted.
Present and annu¬ ity.
Retaliation re¬ strained.
TREATY WITH THE SIX NATIONS, 1794.
Article IV.
The United States having thus described and acknowledged what lands belong to the Oneidas, Onondagas, Cajugas and Senekas, and engaged never to claim the same, nor to disturb them, or any of the Six Nations, or their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: Now, the Six Nations, and each of them, hereby engage that they will never claim any other lands within the boundaries of the United States; nor ever disturb the people of the United States in the free use and enjoyment thereof.
Article V.
The Seneka nation, all others of the Six Nations concurring, cede to the United States the right of making a wagon road from Fort Schlos- ser to Lake Erie, as far south as Bufl'aloe Creek; and the people of the United States shall have the free and undisturbed use of this road, for the purposes of travelling and transportation. And the Six Nations, and each of them, will forever allow to the people of the United States, a free passage through their lands, and the free use of the harbors and rivers adjoining and within their respective tracts, of land, for the passing and securing of vessels and boats, and liberty to land their cargoes where necessary for their safety.
Article VI.
In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations; and because the United States desire, with humanity and kindness, to contribute to their comfortable support; and to render the peace and friendship hereby established, strong and perpetual; the United States now deliver to the Six Nations, and the Indians of the other nations resid¬ ing among and united with them, a quantity of goods of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars, heretofore allowed them by an article ratified by the President, on the twenty- third day of April, 1792; making in the whole, four thousand five hundred dollars; which shall be expended yearly forever, in purchas¬ ing clothing, domestic animals, implements of husbandry, and other utensils suited to their circumstances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allow¬ ance now stipulated, to be made by the superintendent appointed by the President for the affairs of the Six Nations, and their Indian friends aforesaid.
Article VII.
Lest the firm peace and friendship now established should be inter¬ rupted by the misconduct of individuals, the United States and Six Nations agree, that for injuries done by individuals on either side, no private revenge or retaliation shall take place; but, instead thereof, complaint shall be made by the party injured, to the other: By the Six Nations or any of them, to the President of the United States, or the Superintendent by him appointed: and by the Superintendent, or other person appointed by the President, to the principal chiefs of the Six Nations, or of the nation to which the offender belongs: and such prudent measures shall then be pursued as shall be necessary to pre¬ serve our peace and friendship unbroken; until the legislature (or
TREATY WITH THE ONEIDAS, ETC., 1794.
29
great council) of the United States shall make other equitable pro¬ vision for the purpose.
Note. It is clearly understood by the parties to this treaty, that the annuity stipulated in the sixth article, is to be applied to the benefit of such of the Six Nations and of their Indian friends united with them as aforesaid, as do or shall reside within the boundaries of the United States: For the United States do not interfere with nations, tribes or families, of Indians elsewhere resident.
TREATY WITH THE ONEIDAS, ETC., 1794.
A. treaty between the United States and the Oneida , Tuscorora , and Dec. 2, 1794.
StocMvridge Indians , dwelling in the Country of the Oneidas . ?stat.,47.
* J Proclamation, Jan.
Whereas, in the late war between Great-Britain and the United States of America, a body of the Oneida and Tuscorora and the Stock- bridge Indians, adhered faithfully to the United States, and assisted them with their warriors; and in consequence of this adherence and assistance, the Oneidas and Tuscororas, at an unfortunate period of the war, were driven from their homes, and their houses were burnt and their property destroyed: And as the United States in the time of their distress, acknowledged their obligations to these faithful friends, and promised to reward them: and the United States being now in a condition to fulfil the promises then made: the following articles are stipulated by the respective parties for that purpose; to be in force when ratified by the President and Senate.
Article I.
The United States will pay the sum of five thousand dollars, to be ut^00f°orto astdiiSo2es distributed among individuals of the Oneida and Tuscorora nations, as and sendees88 °sses a compensation for their individual losses and services during the late war between Great-Britain and the United States. The only man of the Kaughnawaugas now remaining in the Oneida country, as well as some few very meritorious persons of the Stockbridge Indians, will be considered in the distribution.
Article II.
For the general accommodation of these Indian nations, residing in Mills to be erected the country of the Oneidas, the United States will cause to be erected by tbe United States- a complete grist-mill and saw-mill, in a situation to serve the present principal settlements of these nations. Or if such one convenient situation cannot be found, then the United States will cause to be erected two such grist-mills and saw-mills, in places where it is now known the proposed accommodation may be effected. Of this the United States will judge.
Article III.
The United States will provide, during three years after the mills viSlers t0 be pro' shall be completed, for the expense of employing one or two suitable 6 persons to manage the mills, to keep them in repair, to instruct some young men of the three nations in the arts of the miller and sawyer, and to provide teams and utensils for canning on the work of the mills.
Article IV.
The United States will pay one thousand dollars, to be applied in $1,000 given to build building a convenient church at Oneida, in the place of the one which a C urch‘ was there burnt by the enemy, in the late war.
30 TREATY WITH THE WYANDOTS, ETC., 1795.
Article Y.
consideration of the aDove stipulations to be performed on the part of the United States, the Oneida, Tuscorora and Stockbridge Indians afore-mentioned, now acknowledge themselves satisfied, and relinquish all other claims of compensation and rewards for their losses and serv¬ ices in the late war. Excepting only the unsatisfied claims of such men of the said nations as bore commissions under the United States, for any arrears which may be due to them as officers.
TREATY WITH THE WYANDOTS, ETC., 1795.
Aug. 3, 17%. a treaty of peace between, the United States of America and the Tribes
proclamation Dec °f Indians, called the Wyandots, Delawares , Shawanoes, Ottawas , 2, 1795. ’ Chipewas , Putawatimes , Miamis , Pel-river , WeecCs , Kickapoos ,
Piankashaws , and Kaskaskias.
To put an end to a destructive war, to settle all controversies, and to restore harmony and a friendly intercourse between the said United States, and Indian tribes; Anthony Wayne, major-general, command¬ ing the army of the United States, and sole commissioner for the good purposes above-mentioned, and the said tribes of Indians, by their Sachems, chiefs, and warriors, met together at Greeneville, the head quarters of the said army, have agreed on the following articles, which, when ratified by the President, with the advice ana consent of the Senate of the United States, shall be binding on them and the said Indian tribes.
Article I.
Peace established. Henceforth all hostilities shall cease; peace is hereby established, and shall be perpetual; and a friendly intercourse shall take place, between the said United States and Indian tribes.
Article II.
Prisoners on both All prisoners shall on both sides be restored. The Indians, prisoners si es o e res or . the United States, shall be immediately set at liberty. The people of the United States, still remaining prisoners among the Indians, shall be delivered up in ninety days from the date hereof, to the general or commanding officer at Greeneville, Fort Wayne or Fort Defiance; and ten chiefs of the said tribes shall remain at Greeneville as hos¬ tages, until the delivery of the prisoners shall be effected.
Article III.
tfl Boundary line es- The general boundary line between the lands of the United States, and the lands of the said Indian tribes, shall begin at the mouth of Cayahoga river, and run thence up the same to the portage between that and the Tuscarawas branch of the Muskingum; thence down that branch to the crossing place above Fort Lawrence; thence wester ly to a fork of that branch of the great Miami river running into the Ohio, at or near which fork stood Loromie’s store, and where commences the portage between the Miami of the Ohio, and St. Mary’s river, wbich is a branch of the Miami, which runs into Lake Erie; thence a westerly course to Fort Recovery, which stands on a branch of the Wabash; then south-westerly in a direct line to the Ohio, so as to intersect that
TREATY WITH THE WYAKDOTS, ETC., 1795.
31
river opposite the mouth of Kentucke or Cuttawa river. And in con¬ sideration of the peace now established; of the goods formerly received from the United States; of those now to be delivered, and of the yearly delivery of goods now stipulated to be made hereafter, and to indemnify the United States for the injuries and expenses they have sustained during the war; the said Indian tribes do hereby cede and relinquish forever, all their claims to the lands lying eastwardly and southwardly of the general boundary line now described; and these lands, or any part of them, shall never hereafter be made a cause or pretence, on the part of the said tribes or any of them, of war or injury to the United States, or any of the people thereof.
And for the same considerations, and as an evidence of the return- cession of particular ing friendship of the said Indian tribes, of their confidence in the iSnsf land by the United States, and desire to provide for their accommodation, and for that convenient intercourse which will be beneficial to both parties, the said Indian tribes do also cede to the United States the following pieces of land; to- wit. (1.) One piece of land six miles square at or near Loromie’s store before mentioned. (2.) One piece two miles square at the head of the navigable water or landing on the St. Mary’s river, near Girty’s town. (3.) One piece six miles square at the head of the navigable water of the Au-Glaize river. (4.) One piece six miles square at the confluence of the Au-Glaize and Miami rivers, where Fort Defiance now stands. (5.) One piece six miles square at or near the confluence of the rivers St. Mary’s and St. Joseph’s, where Fort Wayne now stands, or near it. (6) One piece two miles square on the Wabash river at the end of the portage from the Miami of the lake, and about eight miles westward from Fort Wayne. (7.) One piece six miles square at the Ouatanon or old Weea Gowns on the Wabash river. (8.) One piece twelve miles square at the British fort on the Miami of the lake at the foot of the rapids. (9.) One piece six miles square at the mouth of the said river where it empties into the Lake. (10.) One piece six miles square upon Sandusky lake, where a fort formerly stood. (11.) One piece two miles square at the lower rapids of Sandusky river. (12.) The post of Detroit and all the land to the north, the west and the south of it, of which the Indian title has been extinguished by gifts or grants to the French or English governments; and so much more land to be annexed to the district of Detroit as shall be comprehended between the river Rosine on the south, lake St. Clair on the north, and a line, the general course whereof shall be six miles distant from the west end of lake Erie, and Detroit river. (13.) The post of Miehillimackinac, and all the land on the island, on which that post stands, and the main land adjacent, of which the Indian title has been extinguished by gifts or grants to the French or English governments; and a piece of land on the main to the north of the island, to measure six miles on lake Huron, or the strait between lakes Huron and Michigan, and to extend three miles back from the water of the lake or strait, and also the island De Bois Blanc, being an extra and voluntary gift of the Chipewa nation. (14.) One piece of land six miles square at the mouth of Chikago river, emptying into the south-west end of Lake Michigan, where a fort formerly stood. (15.) One piece twelve miles square at or near the mouth of the Illinois river, emptying into the Mississippi.
(16.) One piece six miles square at the old ‘Piorias fort and village, near the south end of the Illinois lake on said Illinois river: And whenever the United States shall think proper to survey and mark the boundaries of the lands hereby ceded to them, they shall give timely notice thereof to the. said tribes of Indians, that they may appoint some of their wise chiefs to attend and see that the lines are run ac¬ cording to the terms of this treaty.
32
TREATY WITH THE WYANDOTS, ETC., 1795.
inGecemin0fpiSa|ey And the said Indian tribes will allow to the people of the United the Indians. ' States a free passage by land and by water, as one and the other shall be found convenient, through their country, along the chain of posts herein before mentioned; that is to say, from the commencement of the portage aforesaid at or . near Loromie’s store, thence along said portage to the St. Mary’s, and down the same to Fort Wayne, and then down the Miami to lake Erie: again from the commencement of the portage at or near Loromie’s store along the portage from thence to the river Au-Glaize, and down the same to its junction with the Miami at Fort Defiance: again from the commencement of the portage aforesaid, to Sandusky river, and down the same to Sandusky bay and lake Erie, and from Sandusky to the post which shall be taken at or near the foot of the rapids of the Miami of the lake: and from thence to Detroit. Again from the mouth of Chikago, to the commencement of the portage, between that river and the Illinois, and down the Illi¬ nois river to the Mississippi, also from Fort Wayne along the portage aforesaid which leads to the Wabash, and then down the Wabash to the Ohio. And the said Indian tribes will also allow to the people of the United States the free use of the harbors ana mouths of rivers along the lakes adjoining the Indian lands, for sheltering vessels and boats, and liberty to land their cargoes where necessary for their safety.
Article IV.
c^taTn^ands* by consideration of the peace now established and of the cessions and united states. 8 y relinquishments of lands made in the preceding article by the said tribes of Indians, and to manifest the liberality of the United States, as the great means of rendering this peace strong and perpetual; the United States relinquish their claims to all other Indian lands north¬ ward of the river Ohio, eastward of the Mississippi, and westward and southward of the Great Lakes and the waters uniting them, accord¬ ing to the boundary line agreed on by the United States and the king of Great-Britain, in the treaty of peace made between them in the year 1783. But from this relinquishment by the United States, the Exceptions. following tracts of land, are explicitly excepted. 1st. The tract of one
hundred and fifty thousand acres near the rapids of the river Ohio, which has been assigned to General Clark, for the use of himself and his warriors. 2d. The post of St. Vincennes on the river Wabash, and the lands adjacent, of which the Indian title has been extinguished. 3d. The lands at all other places in possession of the French people and other white settlers among them, of which the Indian title has been extinguished as mentioned in the 3d article; and 4th. The post of fort Massac towards the mouth of the Ohio. To which several parcels of land so excepted, the said tribes relinquish all the title and claim which they or am^ of them may have.
to^be'made to^thein- And forthe same considerations and with the same views as above diaiis.ma e° e n mentioned, the United States now deliver to the said Indian tribes a quantity of goods to the value of twenty thousand dollars, the receipt whereof they do hereby acknowledge; and henceforward every year forever the United States will deliver at some convenient place north¬ ward of the river Ohio, like useful goods, suited to the circumstances of the Indians, of the value of nine thousand five hundred dollars; reckoning that value at the first cost of the goods in the city or place in the United States, where they shall be procured. The tribes to which those goods are to be annually delivered, and the proportions in which they are to be delivered, are the following.
1st. To the Wyandots, the amount of one thousand dollars. 2d. To the Delawares, the amount of one thousand dollars. 3d. To the Shawanese, the amount of one thousand dollars. 4th. To the Miami?,
TREATY WITH THE WYAKDOTS, ETC, 1795.
33
the amount of one thousand dollars. 5th. To the Ottawas, the amount of one thousand dollars. 6th. To the Chippewas, the amount of one thousand dollars. 7th. To the Putawatimes, the amount of one thous¬ and dollars. 8th. And to the Kickapoo, Weea, Eel-river, Piankashaw and Kaskaskias tribes, the amount of five hundred dollars each.
Provided. , That if either of the said tribes shall hereafter at an Provlso- annual delivery of their share of the goods aforesaid, desire that a part of their annuity should be furnished in domestic animals, imple¬ ments of husbandry, and other utensils convenient for them, and in compensation to useful artificers who may reside with or near them, and be employed for their benefit, the same shall at the subsequent annual deliveries be furnished accordingly.
Article V.
To prevent any misunderstanding about the Indian lands relin- Indians have right quished by the United States in the fourth article, it is now explicitly linquished by United declared, that the meaning of that relinquishment is this: The Indian States>etc- tribes who have a right to those lands, are quietly to enjoy them, hunting, planting, and dwelling thereon so long as they please, with¬ out any molestation from the United States; but when those tribes, or any of them, shall be disposed to sell their lands, or any part of them, they are to be sold ’only to the United States; and until such sale, the United States will protect all the said Indian tribes in the quiet enjoy¬ ment of their lands against all citizens of the United States, and against all other white persons who intrude upon the same. And the said Indian tribes again acknowledge themselves to be under the pro¬ tection of the said United States and no other power whatever.
Article VI.
If any citizen of the United States, or any other white person or Indians may expel persons, shall presume to settle upon the lands now relinquished by lands!8 from their the United States, such citizen or other person shall be out of the pro¬ tection of the United States; and the Indian tribe, on whose land the settlement shall be made, may drive off the settler, or punish him in such manner as they shall think fit; and because such settlements made without the consent of the United States, will be injurious to them as well as to the Indians, the United States shall be at liberty to break them up, and remove and punish the settlers as they shall think proper, and so effect that protection of the Indian lands herein before stipulated.
Article VII.
The said tribes of Indians, parties to this treaty, shall be at liberty onInf*nds “ele^to to hunt within the territory and lands which they have now ceded to unitedstatesede 0 the United States, without hindrance or molestation, so long as they demean themselves peaceably, and offer no injury to the people of the United States.
Article VIII.
Trade shall be opened with the said Indian tribes; and they do Trade to be opened hereby respectively engage to afford protection to such persons, with Wlt 1 e n lans‘ their property, as shall be duly licensed to reside among them for the purpose of trade, and to their agents and servants; but no person shall be permitted to reside at any of their towns or hunting camps as a trader, who is not furnished with a license for that purpose, under the hand and seal of the superintendent of the department north-west of the
S. Doc. 452 - 3
34
TREATY WITH THE WYAHDOTS, ETC. , 1795.
Ohio, or such other person as the President of the United States shall authorize to grant such licenses; to the end, that the said Indians may not be imposed on in their trade. And if any licensed trader shall abuse his privilege by unfair dealing, upon * complaint and proof thereof, his license shall be taken from him, and he shall be further punished according to the laws of the United States. And if any per¬ son shall intrude himself as a trader, without such license, the said Indians shall take and bring him before the superintendent or his dep¬ uty, to be dealt with according to law. And to prevent impositions by forged licenses, the said Indians shall at least once a year give information to the superintendant or his deputies, of the names of the traders residing among them.
Article IX.
^Retaliation restrain- Lest the firm peace and friendship now established should be inter¬
rupted by the misconduct of individuals, the United States, and the said Indian tribes agree, that for injuries done by individuals on either side, no private revenge or retaliation shall take place; but instead thereof, complaint shall be made by the party injured, to the other: By the said Indian tribes, or any of them, to the President of the United States, or the superintendent by him appointed; and by the superintendent or other person appointed by the President, to the principal chiefs of the said Indian tribes, or of the tribe to which the offender belongs; and such prudent measures shall then be pursued as shall be necessary to preserve the said peace and friendship unbroken, until the Legislature (or Great Council) of the United States, shall make other equitable provision in the case, to the satis-
tieeSdSiSiSgliSst faction of both parties. Should any Indian tribes meditate a war
United States. against the United States or either of them, and the same shall come to the knowledge of the before-mentioned tribes, or either of them, they do hereby engage to give immediate notice thereof to the general or officer commanding the troops of the United States, at the nearest post. And should any tribe, with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent the same, and in like manner give informa¬ tion of such attempt, to the general or officer commanding, as soon as possible, that all causes of mistrust and suspicion may be avoided between them and the United States. In like manner the United States shall give notice to the said Indian tribes of any harm that may be meditated against them, or either of them, that shall come to their knowledge; and do all in their power to hinder and prevent the same, that the friendship be ween them may be uninterrupted.
Article X.
farmer treaties All other treaties heretofore made between the United States and the said Indian tribes, or any of them, since the treaty of 1783, between the United States and Great Britain, that come within the purview of this treaty, shall henceforth cease and become void.
TREATY WITH THE SEVEN NATIONS OF CANADA, 1796.
TREATY WITH THE SEVEN NATIONS OF CANADA, 1796.
At a treaty held at the city of New York, with the Nations or Tribes of Indians, denominating themselves the Seven Nations of Canada / Abraham. Ogden , Commissioner , appointed under the au¬ thority of the United States , to hold the Treaty / Ohnaweio , alias Goodstream , Teharagwanegen , alias Thomas Williams , two Chiefs of the Caghnawagas ; Atiatoharongwan , alias Colonel Lewis Cook , « Chief of the St. Regis Indians , and William Gray , Deputies , author¬ ized to represent these Seven Nations or Tribes of Indians at the Treaty , and Mr. Gray, serving also as Interpreter ; Egbert Benson , Richard Yarick and James Watson , Agents for the State of New- York / William Constable and Daniel McCormick, Purchasers under Alexander Macomb :
The agents for the state, having, in the presence, and with the appro¬ bation of the commissioner, proposed to the deputies for the Indians, the compensation hereinafter mentioned, for the extinguishment of their claim to all lands within the state, and the said deputies being willing to accept the same, it is thereupon granted, agreed and con¬ cluded between the said deputies and the said agents, as follows: The said deputies do, for and in the name of the said Seven Nations or tribes of Indians, cede, release and quit claim to the people of the state of New-York, forever, all the claim, right, or title of them, the said Seven Nations or tribes of Indians, to lands within the said state: Provided nevertheless, That the tract equal to six miles square, reserved in the sale made by the commissioners of the land-office of the said state, to Alexander Macomb, to be applied to the use of the Indians of the village of St. Regis, shall still remain so reserved. The said agents do, for, and in the name of the people of the state of New-York, grant to the said Seven Nations or tribes of Indians, that the people of the state of New-York shall pay to them, at the mouth of the river Chazy, on Lake Champlain, on the third Monday in August next, the sum of one thousand two hundred and thirty-three pounds, six shillings and eight-pence, and the further sum of two hundred and thirteen pounds six shillings and eight-pence, lawful money of the said state, and on the third Monday in August, yearly, forever thereafter, the like sum of two hundred and thirteen pounds six shillings and eight-pence: Pro¬ vided nevertheless. That the people of the state of New-York shall not be held to pay the said sums, unless in respect to the two sums to be paid on the third Monday in August next, at least twenty, and in respect to the said yearly sum to be paid thereafter, at least five of the principal men of the said Seven Nations or tribes of Indians, shall attend as deputies to receive and to give receipts for the same: The said deputies having suggested, that the Indians of the village of St. Regis have built a mill on Salmon river, and another on Grass river, and that the meadows on Grass river are necessary to them for hay; in order, therefore, to secure to the Indians of the said village, the use of the said mills and meadows, in case they should hereafter appear not to be included within the above tract so to remain reserved; it is, therefore, also agreed and concluded between the said deputies, the said agents, and the said William Constable and Daniel M4Cormick, for themselves and their associates, purchasers under the said Alexander Macomb, of the adja¬ cent lands, that there shall be reserved, to be applied to the use of the Indians of the said village of St. Regis, in like manner as the said tract is to remain reserved, a tract of one mile square, at each of the said mills, and the meadows on both sides of the said Grass river from the said mill thereon, to its confluence with the river St. Lawrence.
35
May 31, 1796.
7 Stat., 55.
Proclamation, Jan. 31, 1797.
Cession of lands to State of New York.
Consideration paid therefor.
Indian reserve.
36
TREATY WITH THE CREEKS, 1796.
TREATY WITH THE CREEKS, 1796.
June 29, 1796.
7 Stat., 56. Proclamation. Mar. 18,1797.
.4 treaty of peace and friendship made and concluded betioeen the President of the United States of America, on the one Part , and Behalf of the said States , and the undersigned Pings, Chiefs a/nd Warriors of the Creek Pat ion of Indians , on the Part o f the said Potion . («*)
The partis being desirous of establishing permanent peace and SffiKoteasstal' tnen?ship between the United States and the said Creek nation, and the citizens and members thereof ; and to remove the causes of war, by ascertaining their limits, and making other necessary, just and friendly arrangements; the President of the United States, "by Benjamin Haw¬ kins, George Clymer, and Andrew Pickens, Commissioners whom he hath constituted with powers for these purposes, by and with the advice and consent of the Senate; and the Creek Nation of Indians, by the undersigned Kings, Chiefs and Warriors, representing the whole Creek Nation, have agreed to the following articles:
Article I.
at New York The Treaty entered into, at New- York, between the parties on the
7th day of August, 1790, is, and shall remain obligatory on the contract¬ ing parties, according to the terms of it, except as herein provided for.
Article II.
Boundary line. The boundary line from the Currahee mountain, to the head, or
source of the main south branch of the Oconee river, called, by the white people, Appalatchee, and by the Indians, Tulapocka, and down the middle of the same, shall be clearly ascertained, and marked, at such time, and in such mauner, as the President shall direct. And the Indians will, on being informed of the determination of the President, send as many of their old chiefs, as he may require, to see the line ascertained and marked.
Article IH. (a)
President may es¬ tablish a trading or military i>ost
The President of the United States of America shall have full powers, whenever he may deem it advisable, to establish a trading or military post on the south side of the Alatamaha, on the bluff, about one mile above Beard's bluff: or any where from thence down the said river on the lands of the Indians, to garrison the same with any part of the mili¬ tary force of the United States, to protect the posts, and to prevent the violation of any of the provisions or regulations subsisting between the parties: And the Indians do hereby annex to the post aforesaid, a tract
(«) This treaty was ratified by the President and the Senate of the United States on condition that the third and fourth articles should be modified as follows:
The Senate of the United States, two-thirds of the Senators present concurring, did, by their resolution of the second day of March instant, "consent to, and advise the President of the United States, to ratify the Treaty of Peace and Friendship, made and concluded at Coleraine, in the state of Georgia, bn the 29th June, 1796, between the President of the United States of America, on the part and behalf of the said State, and the Kings, Chiefs and Warriors of the Creek nation of Indians, on the part of the said nation: Provided, and on condition, that nothing in the third and fourth articles of the said treaty, expressed in the words following, ‘Article 3d, The President of the United State of America shall have full powers, whenever he mav deem it advisable, to establish a trading or military post on the south side of the Altamaha, on the bluff, about one mile above Beard’s bluff; or any where from thence down the said river on the lands of the Indians, to garrison the same with any part of the military force of the United States, to protect the post, and to prevent the violation of any of the provisions or regulations subsisting between the parties: And the Indians do hereby annex to the post aforesaid, a tract of land of five miles square, bordering one side on the river, which post and the lands annexed thereto, are hereby ceded to, and shall be to the use, and under the government of the United States of America.
TREATY WITH THE CREEKS, 1796.
37
of land of five miles square, bordering one side on the river; which post and the lands annexed thereto, are hereby ceded to, and shall be to the use, and under the government of the United States of America.
Article IV. ( a )
As soon as the President of the United States has determined on the LlQe to be run- time and manner of running the line from the Currahee mountain, to the head or source of the main south branch of the Oconee, and notified the chiefs of the Creek land of the same, a suitable number of persons on their part shall attend to see the same completed: And if the Presi¬ dent should deem it proper, then to fix on any place or places adjoining the river, and on the Indian lands for military or trading posts; the poItetobeeSSedy Creeks who attend there, will concur in fixing the same, according to the wishes of the President. And to each post, the Indians shall annex a tract of land of five miles square, bordering one side on the river.
And the said lands shall be to the use and under the government of the United States of America. Provided always , that whenever any of the trading or military posts mentioned in this treaty, shall, in the opinion of the President of the United States of America, be no longer neces- nary for the purposes intended by this cession, the same shall revert to, and become a part of the Indian lands.
Article V.
Whenever the President of the United States of America, and the rUnSng the S with king of Spain, may deem it advisable to mark the boundaries which Spain, separate their territories, the President shall give notice thereof to the Creek chiefs, who will furnish two principal chiefs, and twenty hunters to accompany the persons employed on this business, as hunters and guides from the Chocktaw country, to the head of St. Mary’s. The chiefs shall receive each half a dollar per day, and the hunters one quarter of a dollar each per day, and ammunition, and a reasonable value for the meat delivered by them for the use of the persons on this service.
Article VI.
The Treaties of Hopewell, between the United States and the Chock- Boundary line with taws and Chickasaws, and at Holston between the Cherokees and the choctaws and chicka- United States, mark the boundaries of those tribes of Indians. And saws' the Creek nation do hereby relinquish all claimjs to any part of the territory inhabited or claimed by the citizens of the United States, in conformity with the said treaties.
“Art. 4th, as soon as the President of the United States has determined on the time and manner of running the line from the Currahee mountain, to the head or source of the main south branch of the Oconnee, and notified the Chiefs of the Creek land of the same, a suitable number of persons on their part shall attend, to seethe same completed: And if the President should deem it proper, then to fix on any place or places adjoining the river, and on the Indian lands for military or trading posts: the Creeks who attend there, will concur in fixing the same, according to the wishes of the President. And to each post, the Indians shall annex a tract of land of five miles square, bordering one side on the river. And the said lands shall be to the use and under the government of the United States of America. Provided always, that whenever any of the trading or military posts mentioned in this treaty, shall, in the opinion of the President of the United States of America, be no longer necessary for the purposes intended by this cession, the same shall revert to,. and become a part of the Indian lands,’ shall be construed to affect any claim of the state of Georgia, to the right of preemption in the land therein set apart for military or trading posts; or to give to the United States without the consent of the said state, any right to the soil, or to the exclusive legislation over the same, or any other right than that of establishing, maintaining, and exclusively governing military and trading posts within the Indian territory mentioned in the said articles, as long as the frontier of Georgia may require these establishments.”
(«) See note at the beginning of the treaty.
3S
Prisoners to begiren up.
^ f^eseuts to the In
Animosities to cease.
When to take effect.
Mar. 29, 1797.
7 Stat., ®L Proclamation. Apr. 27, im
TREATY WITH THE MOHAWKS, 1797.
Article VII .
The Creek nation shall deliver, as soon as practicable, to the super¬ intendent of ludian affairs, at such place as he may direct, all citizens of the I nited States; white inhabitants and negroes who are now pris¬ oners in any part of the said nation, agreeably to the treaty at New- lork. and also all citizens, white inhabitants, negroes and property taken since the signiug of that treaty. And if any such prisoners, negroes or property should not be delivered, on or before the first day of January next, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners, negroes and property, under the direction of the President of the United States.
Article VIII.
In consideration of the friendly disposition of the Creek nation towards the government of the United States, evidenced by the stipu¬ lations in the present treaty, and particularly the leaving it in the dis¬ cretion of the President to establish trading or military posts on their lands; the commissioners of the United States, on belialf of the said states, give to the said nation, goods to the value of six thousand dollars, and stipulate to send to the Indian nation, two blacksmiths, with strikers, to be employed for the upper and lower Creeks with the necessary tools.
Article IX.
All animosities for past grievances shall henceforth cease, and the contracting parties will carry the foregoing treaty into full execution with all good faith and sincerity. Provided nevertheless, That persons now under arrest, in the state of Georgia, for a violation of the treaty at New- York, are not to be included in this amnesty, but are to abide the decision of law.
Article X.
This treaty shall take effect and be obligatory on the cont 'acting parti#, as soon as the same shall have been ratified by the President of the United States, by and with the advise and consent of the senate.
TREATY WITH THE MOHAWKS, 1797,
Pel i nq it ishment to Sew York, % the Mohawk nation of Indians, under the sanction of the Un ited States of America , of all claim to lands in that state.
At a treaty held under the authority of the United States, with the Mohawk nation of Indians, residing in the province of Upper Canada, within the dominions of the king of Great Britain, present, the hon¬ orable Isaac Smith, commissioner appointed bv the United States to hold this treaty; Abraham Ten Broeck. Egbert Benson, and Ezra L'Hommedieu, agents for the state of New York; captain Joseph Brandt, and captain John Deserontyon, two of the said Indians and deputies, to represent the said nation at this treaty.
The said agents having, in the presence, and with the approbation of the said commissioner, proposed to and adjusted with the said dep¬ uties, the compensation as hereinafter mentioned to be made to the said nation, for their claim, to be extinguished by this treaty, to all lands within the said state; it is thereupon finally agreed and done,
TREATY WITH THE CHEROKEES, 1798.
89
between the said agents, and the said deputies, as follows, that is to say : the said agents do agree to pay to the said deputies, the sum of one thousand dollars, for the use of the said nation, to be by the said deputies paid over to, and distributed among, the persons and families of the said nation, according to their usages. The sum of five hundred dollars, for the expenses of the said deputies, during the time they have attended this treaty: and the sum of one hundred dollars, for their expenses in returning, and for combing the said sum of one thousand dollars, to where the said nation resides. And the said agents do accordingly , for and in the name of the people of the state of New 1 ork, pay the said three several sums to the said deputies, in the presence of the said commissioner. And the said deputies do agree to cede and release, and these presents witness, that they accordingly do, for and in the name of the said nation, in consideration of the said compensation, cede and release to the people of the state of New York, forever, all the right or title of the said nation to lands within the said state: and the claim of the said nation to lands within the said state, is hereby wholly and finally extinguished.
TREATY WITH THE CHEROKEES, 1798.
Articles of a Treaty between the United States of America , and the
Cherokee Indians.
W hereas, the treaty made and concluded on Holston River, on the second day of J uly, in the year one thousand seven hundred and ninety- one, between the United States of America, and the Cherokee nation of Indians, had not been carried into execution, for some time there¬ after, by reason of some misunderstandings which had arisen: — And wJtrreas, in order to remove such misunderstandings, and to provide for carrying the said treaty into effect, and for re-establishing more fully the peace and friendship between the parties, another treaty was held, made and concluded by and between them, at Philadelphia, the twenty-sixth day of June, in the year one thousand seven hundred and ninety-four: In which, among other things, it was stipulated, that the boundaries mentioned in the fourth article of the said treaty of Holston, should be actually ascertained and marked, in the manner prescribed by the said article, whenever the Cherokee nation should have ninetv days’ notice of the time and place at which the commissioners of the United States intended to commence their operation: And whereas further delays in carrying the said fourth article into complete effect did take place, so that the boundaries mentioned and described therein, were not regularly ascertained and marked, until the latter part of the year, one thousand seven hundred and ninety-seven: before which time, and for want of knowing the direct course of the said boundary, divers settlements were made, by divers citizens of the United States’ upon the Indian lands over and beyond the boundaries so mentioned and described in the said article, and contrary to the intention of the said treaties: but which settlers were removed from the said Indian lands, by authority of the United States, as soon after the boundaries had been so lawfully ascertained and marked as the nature of the case had admitted: And whereas , for the purpose of doing justice to the Cherokee nation of Indians, and remedying inconveniences arising to citizens of the United States from the adjustment of the boundary line between the lands of the Cherokees and those of the United States, or the citizens thereof, or from any other cause in relation to the Chero¬ kees; and in order to promote the interests and safety of the said states and the citizens thereof, the President of the United States, by and with the advice and consent of the Senate thereof, hath appointed
Agents of New York pay to the Mohawk deputies $1,000 and their expenses.
The Mohawks cede all right, etc., forever.
Oet. 2, 1798.
7 Stat., 62.
Preamble.
40
TREATY WITH THE CHEROKEES, 1798.
Peace and Mend- ship perpetual.
Subsisting treaties to operate.
limits to remain the same, etc.
Cession of territory.
Commissioners for running the line of the cession.
George Walton, of Georgia, and the President of the United States hath also appointed Lieutenant-Colonel Thomas Butler, commanding the troops of the United States, in the state of Tennessee, to be com¬ missioners for the purpose aforesaid: And who, on the part of the United States, and the Cherokee nation, by the undersigned chiefs and warriors, representing the said nation, have agreed to the following articles, namely:
Article I.
The peace and friendship subsisting between the United States and the Cherokee people, are hereby renewed, continued, and declared perpetual.
Article II.
The treaties subsisting between the present contracting parties, are acknowledged to be of full and operating force; together with the con¬ struction and usage under their respective articles, and so to continue.
Article III.
The limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties, shall be and remain the same, where not altered by the present treaty.
Article IV.
In acknowledgement for the protection of the United States, and for the considerations hereinafter expressed and contained, the Cherokee nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and lines, viz. From a point on the Tennessee river, below Tellico block-house, called the Wild-cat Rock, in a direct line to the Militia spring, near the Mary -vi lie road leading from Tellico. From the said spring to the Chill-howie moun¬ tain, by a line so to be run. as will leave all the farms on Nine-mile Creek to the northward and eastward of it; and to be continued along Chill-howie mountain, until it strikes Hawkins’s line. Thence along the said line to the great Iron mountain; and from the top of which a line to be continued in a southeastwardly course to where the most southwardly branch of Little river crosses the divisional line to Tugga- loe river: From the place of beginning, the Wild-cat Rock, down the northeast margin of the Tennessee river (not including islands) to a point or place one mile above the junction of that river with the Clinch, and from thence by a liue to be drawn in a right angle, until it inter¬ sects Hawkins's line leading from Clinch. Thence down the said line to the river Clinch*, thence up the said river to its junction with Emmery’s river; and thence up Emmery’s river to the foot of Cum¬ berland mountain. From thence a line to be drawn, northeastwardly, along the foot of the mountain, until it intersects with Campbell’s line.
Article V.
To prevent all future misunderstanding about the line described in the foregoing article, two commissioners shall be appointed to superin¬ tend the running and marking the same, where not ascertained by the rivers, immediately after signing this treaty; one to be appointed by the commissioners of the United States, and the other by the Cherokee nation; and who shall cause three maps or charts thereof to be made out; one whereof shall be transmitted and deposited in the war office of the United States; anothei with the executive of the state of Ten¬ nessee, and the third with the Cherokee nation, which said line shall form a part of the boundary between the United States and the Cher¬ okee nation.
TREATY WITH THE CHICKASAWS, 1801. Article VI.
41
In consideration of the relinquishment and cession hereby made, the consideration for L nited States upon signing the present treaty, shall cause to be delivered e rea y to the Cherokees, goods, wares and merchandise, to the amount of five thousand dollars, and shall cause to be delivered, annually, other goods, to the amount of one thousand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country for ever, as made and contained in former treaties.
Article VII.
The Cherokee nation agree, that the Kentuckj^ road, running between Kentucky road to be the Cumberland mountain and the Cumberland river, where the same keptopen- shall pass through the Indian land, shall be an open and free road for the use of the citizens of the United States in like manner as the road from Southwest point to Cumberland river. In consideration of which it is hereby agreed on the part of the United States, that until settle¬ ments shall make it improper, the Cherokee hunters shall be at liberty I?di5ns may bunt to hunt and take game upon the lands relinquished and ceded- by this °n an sre mquis e ’ treaty.
Article VIII.
Due notice shall be given to the principal towns of the Cherokees, .Notice of time for of the time proposed for delivering the annual stipends; and- sufficient etc. rmg annmies’ supplies of provisions shall be furnished, by and at the expense of the United States, to subsist such reasonable number that may be sent, or shall attend to receive them during a reasonable time.
Article IX.
It is mutually agreed between the parties, that horses stolen and not Worses stolen to be returned within ninety days, shall be paid for at the rate of sixty dollars P each; if stolen by a white man, citizen of the United States, the Indian proprietor shall be paid in cash; and if stolen by an Indian from a citizen, to be deducted as expressed in the fourth article of the treaty of Phila¬ delphia. — This article shall have retrospect to the commencement of the first conferences at this place in the present year, and no further.
And all animosities, aggressions, thefts and plunderings, prior to that Obimonof pastag- day shall cease, and be no longer remembered or demanded on either gressions' side.
Article X.
The Cherokee nation agree, that the agent who shall be appointed to The Cherokee agent reside among them from time to time, shall have a sufficient piece of groS® a piece of ground allotted for his temporary use.
And lastly, This treaty, and the several articles it contains, shall be considered as additional to, and forming a part of, treaties already sub¬ sisting between the United States and the Cherokee nation, and shall be carried into effect on both sides, with all good faith as soon as the same shall be approved and ratified by the President of the United States, and the Senate thereof.
TREATY WITH THE CHICKASAWS, 1801.
A treaty , of reciprocal advantages and mutual convenience between the °ct. 24> 1801- United States of America and the Chickasaws. rstat., 65.
Proclamation, May
The President of the United States of America, by James Wilkin- Consent of senate son brigadier general in the service of the United States, Benjamin May 1802- Hawkins of North Carolina, and Andrew Pickens of South Carolina
42
TREATY WITH THE CHOCTAWS, 1801.
Right to make a road, etc., granted to United States.
Present of goods to Indians.
Treaty, when to take effect.
Dec. 17, 1801.
7 Stat., 66.
Proclamation, May 4, 1802.
Ratified April 30, 1802.
Peace and friend¬ ship.
commissioners of the United States, who are vested with full powers, and the Mingco, principal men and warriors of the Chickasaw nation, representing the said nation, have agreed to the following articles.
Art. I. The Mingco, principal men and warriors of the Chickasaw nation of Indians, give leave and permission to the President of the United States of America, to lay out, open and make a convenient wagon road through their land between the settlements of Mero District in the state of Tennessee, and those of Natchez in the Missis¬ sippi Territory, in such way and manner as he may deem proper; and the same shall be a high way for the citizens of the United States, and the Chickasaws. The Chickasaws shall appoint two discreet men to serve as assistants, guides or pilots, during the time of laying out and opening the road, under the direction of the officer charged with that duty, who shall have a reasonable compensation for their service: Pro¬ vided always, that the necessary ferries over the water courses crossed by the said road shall be held and deemed to be the property of the Chickasaw nation.
Art. II. The commissioners of the United States give to the Mingco of the Chickasaws, and the deputation of that nation, goods to the value of seven hundred dollars, to compensate him and them and their attendants for the expense and inconvenience they may have sustained by their respectful and friendly attention to the President of the United States of America, and to the request made to them in his name to per¬ mit the opening of the road. And as the persons, towns, villages, lands, hunting grounds, and other rights and property of the Chick¬ asaws, as set forth in the treaties or stipulations heretofore entered into between the contracting parties, more especially in and by a cer¬ tificate of the President of the United States of America, under their seal of the first of July 1794, are in the peace and under the protec¬ tion of the United States, the commissioners of the United States do hereby further agree, that the President of the United States of America, shall take such measures from time to time, as he may deem proper, to assist the Chickasaws to preserve entire all their rights against the encroachments of unjust neighbors, of which he shall be the judge, and also to preserve and perpetuate friendship and brother¬ hood between the white people and the Chickasaws.
Art. III. The commissioners of the United States may, if they deem it advisable, proceed immediately to carry the first article into opera¬ tion; and the treaty shall take effect and be obligatory on the contract¬ ing parties, as soon as the same shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States.
TREATY WITH THE CHOCTAWS, 1801.
A treaty of friendship, limits and accommodation between the United States of America and the Choctaw nation of India?is.
Thomas Jefferson, President of the United States of America, by James Wilkinson, of the state of Maryland, Brigadier-General in the army of the United States, Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, commissioners plenipotentiary of the United States on the one part, and the Mingos, principal men and warriors of the Chactaw nation, representing the said nation in council assembled, on the other part, have entered into the following articles and conditions, viz:
Art. I. Whereas the United States in Congress assembled, did by their commissioners Plenipotentiary, Benjamin Hawkins, Andrew Pickens, and Joseph Martin, at a treaty held with the chiefs and head men of the Chactaw nation at Hopewell, on the Keowe, the third day of January, in the year of our Lord, one thousand seven hundred and
TREATY WITH THE CHOCTAWS, 1801.
43
eighty-six, give peace to the said nation, and receive it into the favor and protection of the United States of America; it is agreed by the parties to these presents respectively, that the Chactaw nation, or such part of it as may reside within the limits of the United States, shall be and continue under the care and protection of the said States; and that the mutual confidence and friendship which are hereby acknowl¬ edged to subsist between the contracting parties shall be maintained and perpetuated.
Art. II. The Mingos principal men and warriors of the Chactaw nation of Indians, do hereby give their free consent, that a convenient and durable wagon way may be explored, marked, opened and made under the orders and instructions of the President of the United States, through their lands to commence at the northern extremity of the set¬ tlements of the Mississippi Territory, and to be extended from thence, by such route as may be selected and surveyed under the authority of the President of the United States, until it shall strike the lands claimed by the Chickasaw nation; and the same shall be and continue for ever, a high- way for the citizens of the United States and theChactaws; and the said Chactaws shall nominate two discreet men from their nation, who may be employed as assistants, guides or pilots, during the time of laying out and opening the said high- way, or so long as may be deemed expedient, under the direction of the officer charged with this duty, who shall receive a reasonable compensation for their services.
Art. III. The two contracting parties covenant and agree that the old line of demarkation heretofore established by and between the officers of his Britannic Majesty and the Chactaw nation, which runs in a parallel direction with the Mississippi river and eastward thereof, shall be retraced and plainly marked, in such way and manner as the President may direct, in the presence of two persons to be appointed by the said nation; and that the said line shall be the boundary between the settlements of the Mississippi Territory and the Chactaw nation. And the said nation does by these presents relinquish to the United States and quit claim for ever, all their right, title and pretension to the land lying between the said line and the Mississippi river, bounded south by the thirty -first degree of north latitude, and north by the Yazoo river, where the said line shall strike the same; and on the part of the commissioners it is agreed, that all persons who may be settled beyond this line, shall be removed within it, on the side towards the Mississippi, together with their slaves, household furniture, tools, materials and stock, and that the cabins or houses erected by such persons shall be demolished
Art. IY. The President of the United States may, at his discretion, proceed to execute the second article of this treaty; and the third arti¬ cle shall be carried into effect as soon as may be convenient to the gov¬ ernment of the United States, and without unnecessary delay on the one part or the other, of which the President shall be the judge; the Chactaws to be seasonably advised, by order of the President of the United States, of the time when, and the place where, the re-survey and re-marking of the old line referred to in the preceding article, will be commenced.
Art. Y. The commissioners of the United States, for and in consid¬ eration of the foregoing concessions on the part of the Chactaw nation, and in full satisfaction for the same, do give and deliver to the Mingos, chiefs and warriors of the said nation, at the signing of these presents, the value of two thousand dollars in goods and merchandise, net cost of Philadelphia, the receipt whereof is hereby acknowledged; and they further engage to give three sets of blacksmith’s tools to the said nation.
Art. YI. This treaty shall take effect and be obligatory on the con¬ tracting parties, so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof.
A wagon way to be made through Indian lands.
Boundary.
Indians to be noti¬ fied of the time, etc., of resuryey.
$2,000 delivered to the Indians, etc.
Treaty, when to take effect.
44
June 16, 1802.
7 Stat.. 6S. Proclamation, Jan. 11,1803.
Ceeession of terri¬ tory to United States.
Considerarion for the foregoing conces¬ sion.
TREATY WITH THE CREEKS, 1802.
TREATY WITH THE CREEKS, 1802.
A Treaty of Limits between the United States of America and the Creek Nation of Indians.
Thomas Jefferson, President of the United States of America, by James Wilkinson, of the state of Maryland. Brigadier General in the army of the United States, Benjamin Hawkins, of North-Carolina, and Andrew Pickens of South-Carolina, Commissioners Plenipotentiary of the United States, on the one part, and the Kings, Chiefs, Head Men and Warriors of the Creek Nation, in council assembled, on the other part, have entered into the following articles and conditions, viz.
Article I. The Kings, Chiefs, Head men and Warriors of the Creek nation, in behalf of the said nation, do by these presents cede to the United States of America, all that tract and tracts of land, situate, lying and being within and between the following bounds, and the lines and limits of the extinguished claims of the said nation, heretofore ascer¬ tained and established by treaty. That is to say — beginning at the upper extremity of the high shoals of the Appalachee river, the same being a branch of the Oconee river, and on the southern bank of the same — running thence a direct course to a noted ford of the south branch of Little river, called by the Indians Chat-to-chuc-co hat-chee — thence a direct line to the main branch of Commissioners’ creek, where the same is intersected by the path leading from the rock-landing to the Ocmulgee Old Towns, thence a direct line to Palmetto Creek, where the same is intersected by the Uchee path, leading from the Oconee to the Ocmulgee river — thence down the middle waters of the said Creek to Oconee river, and with the western bank of the same to its junction with the Ocmulgee river, thence across the Ocmulgee river to the south bank of the Altamaha river, and down the same at low water mark to the lower bank of Goose Creek, and from thence by a direct line to the Mounts, on the Margin of the Okefinocau swamp, raised and established by the commissioners of the United States and Spain at the head of the St. Mary’s river; thence down the middle waters of the said river, to the point where the old line of demarkation strikes the same, thence with the said old line to the Altamaha river, and up the same to Goose Creek: and the said Kings, Chiefs, Head men and Warriors, do relin¬ quish and quit claim to the United States all their right, title, interest and pretensions, in and to the tract and tracts of land within and between the bounds and limits aforesaid, for ever.
Art. H. The commissioners of the United States, for and in consid eration of the foregoing concession on the part of the Creek nation, and in full satisfaction for the same do hereby covenant and agree with the said nation, in behalf of the United States, that the said states shall pay to the said nation, annually, and every year, the sum of three thou¬ sand dollars, and one thousand dollars for the term of ten years, to the chiefs who administer the government, agreeably to a certificate under the hands and seals of the commissioners of the United States, of this date, and also twenty -five thousand dollars in the manner and form fol¬ lowing, viz. Ten thousand dollars in goods and merchandise, the receipt of which is hereby acknowledged; ten thousand dollars to satisfy cer¬ tain debts due from Indians and white persons of the Creek country to the factory of the United States; the said debts, after the payment afore¬ said, to become the right and property of the Creek nation, and to be recovered for their use in such way and manner as the President of the United States may think proper to direct; five thousand dollars to sat¬ isfy claims for property taken by individuals of the said nation, from the citizens of the United States, subsequent to the treaty of Colerain, which has been or may be claimed and established agreeably to the pro¬ visions of the act for regulating trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. And it is further agreed
TREATY WITH THE SENECAS, 1802.
that the United States shall furnish to the said nation two sets of black¬ smiths tools, and men to work them, for the term of three years.
Art. III. It is agreed by the contracting parties, that the garrison or garrisons which may be found necessary for the protection of the fron¬ tiers, shall be established upon the land of the Indians, at such place or places as the President of the United States may think proper to direct, in the manner and on the terms established by the treaty of Colerain.
Art. IY. The contracting parties to these presents, do agree that this treaty shall become obligatory and of full effect so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof.
TREATY WITH THE SENECAS, 1802.
This Indenture , made the thirtieth day of June, in the year of our Lord one thousand eight hundred and two, between the sachems. Chiefs, and Warriors of the Seneca nation of Indians, of the first pa/t't, and Wilhem Willink, Pieter Van Peg hen, Hendrik Vollenhoven , W. Willink the younger, I. Willink the younger (son of Jan) Jan Gabriel Van Staphorst, Roelof'Van Staphorst, the younger, Cornelis Vollen¬ hoven, and Hendrik Seye, all of the city of Amsterdam, and republic of Batavia, by Joseph Pllicott, esquire , their agent and attorney, of the second part.
Whereas at a treaty held under the authority of the United States with the said Seneca nation of Indians, at Buffalo creek, in the county of Ontario, and state of New -York, on the day of the date of these presents, by the honorable John Taylor, esquire, a commissioner appointed by the President of the United States to hold the same, in pursuance of the constitution, and of the act of the Congress of the United States, in such case made and provided, a convention was entered into in the presence and with the approbation of the said com¬ missioner, between the said Seneca nation of Indians and the said Wilhelm Willink, Pieter Van Eeghen, Hendrik Vollenhoven, W. Wil¬ link the younger, I. Willink the younger (son of Jan) Jan Gabiel Van Staphorst, Roelof Van Staphorst the younger, Cornelis Vollenhoven, and Hendrik Seye, by the said Joseph Ellicott, their agent and attor¬ ney, lawfully constituted and appointed for that purpose.
Now this Indenture witnesseth, That the said parties of the first part, for and in consideration of the lands hereinafter described, do hereby exchange, cede, and forever quit claim to the said parties of the second part, their heirs and assigns, all those lands situate, lying and being in the county of Ontario, and state of New-York, being part of the lands described and reserved by the said parties of the first part, in a treaty or convention held by the honorable Jeremiah Wadsworth, esquire, under the authority of the United States on the Genesee river the 15th day of September, one thousand seven hundred and ninety- seven, in words following, viz.
4 4 Beginning at the mouth of the eighteen mile or Kogh-quaw-gu creek, thence a line or lines to be drawn parallel to lake Erie, at the distance of one mile from the lake, to the mouth of Cataraugos creek, thence a line or lines extending twelve miles up the north side of said creek, at the distance of one mile therefrom, thence a direct line to the said creek, thence down the said creek to lake Erie, thence along the lake, to the first mentioned creek, and thence to the place of beginning. Also one other piece at Cataraugos, beginning at the shore of lake Erie, on the south side of Cataraugos creek, at the distance of one mile from the mouth thereof, thence running one mile from the lake, thence on a line parallel thereto, to a point within one miie from the Con-non-dau- we-gea creek, thence up the said creek one mile on a line parallel thereto, thence on a direct line to the said creek, thence down the same to lake Erie, thence along the lake to the place of beginning; ” reference
45
Garrisons to be es¬ tablished on Indian lands.
When to take effect.
June 30, 1802. 7Stat., 70. Proclamation, Jan. 12, 1803.
Ratified Jan. 12, 1803
Preamble.
Cession of lands.
Boundary de scribed.
46
TREATY WITH THE SENECAS, 1802.
being thereunto had will fully appear. Together with all and singular the rights, privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining. And all the estate, right, title, and interest whatsoever, of them, the said parties of the first part, and their nation, of, in and to the said tracts of land, above described, to have and to hold all and singular the said granted premises, with the appurtenances, to the said parties of the second part, their heirs and assigns, to their only proper use, benefit and behoof forever, consideration. And in consideration of the said lands described and ceded as afore¬
said, the said parties of the second part, by Joseph Ellicott, their agent and attorney as aforesaid, do hereby exchange, cede, release, and quit claim to the said parties of the first part, and their nation (the said, par¬ ties of the second part, reserving to themselves the right of pre¬ emption) all that certain tract or parcel of land situate as aforesaid. Beginning at a post marked No. 0. standing on the bank of lake Erie, at the mouth of Oataraugos creek, and on the north bank thereof; thence along the shore of said lake N. 11° E. 21 chains; N. thirteen degrees east 45 chains; N. 19° E. 14 chains 65 links to a post; thence east 119 chains to a post; thence south 14 chains 27 links to a post; thence east 640 chains to a post standing in . the meridian between the 8th and 9th ranges; thence along said meridian south 617 chains 75 links, to a post standing on the south bank of Cataraugos creek; thence west 160 chains to a post; thence north 290 chains 25 links to a post; thence west 482 chains 31 links to a post; thence north 219 chains 50 links to a post standing on the north bank of Cataraugos creek; thence down the same and along the several meanders thereof, to the place of beginning. To hold to the said parties of the first part in the same manner and by the same tenure as the lands reserved by the said parties of the first part in and by the said treaty or convention entered into on Genesee river, the 15th day of September, one thousand seven hundred and ninety-seven, as aforesaid, were intended to be held.
TREATY WITH THE SENECAS, 1802.
June 30, 1802.
7 Stat., 72.
Proclamation, Feb.
7, 1803.
Ratified Feb. 7,1803.
Cession of certain
inds’ Warriors, for and in consideration of the sum of twelve hundred dol¬
lars, lawful money of the United States, unto them in hand paid by the said Oliver Phelps, Isaac Bronson and Horatio Jones, at or iinme diately before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have and by these presents do grant, remise, release and forever quit claim and confirm unto the said Oliver Phelps, Isaac Bronson and Horatio Jones, and to their heirs and assigns, all that tract of land commonly called and known by the name of Little Beard’s Reservation, situate, lying and being in the said county of Ontario, bounded on the East by the Genesee river and Little Beard’s Creek, on the south and west by other lands of the said parties of the second part, and on the north by Big Tree Reservation — containing two square miles, or twelve hundred and eighty acres, together with all and singular, the hereditaments and appurtenances whatsoever there¬ unto belonging, or in any wise appertaining, to hold to them the said Oliver Phelps, Isaac Bronson and Horatio Jones, their heirs and assigns, to the only proper use and behoof of them the said Oliver Phelps, Isaac Bronson and Horatio Jones their heirs and assigns forever.
At a treaty held under the authority of the United States , at Buffalo Greek in the county of Ontario , and state of New- York, between tho Sachems , Chiefs and Warriors of the Seneca Nation of Indians, on behalf of said nation , and Ol iver' Phelps , Esq. of the county of Onta¬ rio, Isaac Bronson , Esq. of -the city of New- York, and Horatio Jones, of the said county of Ontario , in the presence of John Tayler, Esq. Commissioner appointed by the President of the United States for holding said treaty.
Know all men by these presents, that the said Sachems, Chiefs and
47
TREATY WITH THE DELAWARES, ETC., 1803.
TREATY WITH THE CHOCTAWS, 1802.
A provisional, convention entered into a/nd made by brigadier general James Wilkinson, of the state of Maryland, commissioner for holding conf 'erences with the Indians south of the Ohio River, in behalf of the United States, on the one part , and the whole Choctaw nation, by their chiefs, head men, a/nd principal icarriors, on the other part.
Preamible. For the mutual accommodation of the parties, and to per¬ petuate that concord and friendship, which so happily subsists between them, they do hereby freely, voluntarily, and without constraint, covenant and agree,
Art. I. That the President of the 13 nited States may, at his discre¬ tion, by a commissioner or commissioners, to be appointed by him, by and with the advice and consent of the Senate of the United States, retrace, connect, and plainly remark the old line of limits, established by and between his Britannic majesty and the said Choctaw nation, which begins on the left bank of the Chickasawhay river and runs thence in an easterly direction to the right bank of the Tombigby river, terminating on the same, at a bluff well known by the name of Hach-a- Tig-geby, but it is to be clearly understood, that two commissioners, to be appointed by the said nation, from their own body, are to attend the commissioner or commissioners of the United States, who may be appointed to perform this service, for which purpose the said Choctaw nation shall be seasonably advised by the President of the United States, of the particular period at which the operation may be commenced, and the said Choctaw commissioners shall be subsisted by the United States, so long as they may be engaged on this business, and paid for their services, during the said term, at the rate of one dollar per day.
Art. II. The said line, when thus remarked and re-established, shall form the boundary^ between the United States and the said Choctaw nation, in that quarter, and the said Choctaw nation, for, and in con¬ sideration of one dollar, to them in hand paid by the said United States, the receipt whereof is hereby acknowledged, do hereby release to the said United States, and quit claim for ever, to all that tract of land which is included by the beforenamed line on the north, by the Chicka¬ sawhay river on the west, by the Tombigby and the Mobile rivers on the east, and by the boundary of the United States on the south.
Art. III. The chiefs, head men, and warriors, of the said Choctaw nation, do hereby constitute, authorise and appoint, the chiefs and head men of the upper towns of the said nation, to make such alteration in the old boundary line near the mouth of the Yazou river, as may be found convenient, and may be done without injury to the said nation.
Art. IV. This convention shall take effect and become obligatory on the contracting parties as soon as the President of the United States, by and with the advice and consent of the Senate, shall have ratified the same.
TREATY WITH THE DELAWARES, ETC., 1803.
Articles of a treaty between the United States of America, and the Dela¬ wares, Shawanoes, Putawatimies, Miamies, Eel River, Weeas, Kick- apoos, Piankashaws, and Kaskaskias nations of Indians.
Articles of a treaty^ made at Fort Wayne on the Miami of the Lake, between William Henry Harrison, governor of the Indiana territory, superintendent of Indian affairs and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the Ohio,
Oct. 17, 1802.
7 Stat., 73.
Proclamation, Jan. 2C, 1803.
Ratified Jan. 20, 1803.
Boundary line to be re-marked, etc.
Title to lands re¬ leased to United States.
Alteration of old boundary.
When to take effect.
June 7, 1803.
7 Stat., 74.
Proclamation Dec. 26, 1803.
48
TREATY WITH THE DELAWARES, ETC., 1803.
Boundaries of a tract reserved to the United States described.
United States give up all claim to adjoin¬ ing lands.
Salt spring, etc., ceded toUnited States.
UnitedStatesengage to deliver for the use of the Indians a cer¬ tain quantity of salt yearly.
Grant to United States of sites for three houses of entertain¬ ment.
Provision for future alterations of the boundary.
of the one part, and the tribes of Indians called the Delawares, Shawa- noes, Putawatimies, Miamies and Kickapoos, by their chiefs and head warriors, and those of the Eel river, Weeas, Piankashaws and Kaskas- kias by their agents and representatives Tuthinipee, Winnemac, Richer- ville and Little Turtle (who are properly authorized by the said tribes) of the other part.
Article 1st. Whereas it is declared by the fourth article of the treaty of Greenville, that the United States reserve for their use the post of St. Vincennes and all the lands adjacent to which the Indian titles had been extinguished: And whereas, it has been found difficult to determine the precise limits of the said tract as held by the French and British governments : it is hereby agreed, that the boundaries of the said tract shall be as follow: Beginning at Point Coupee on the Wabash, and running thence by a line north seventy-eight degrees, west twelve miles, thence by a line parallel to the general course of the Wabash, until it shall be intersected by a line at right angles to the same, passing through the mouth of White river, thence by the last mentioned line across the Wabash and towards the Ohio, seventy-two miles, thence by a line north twelve degrees west, until it shall be intersected by a line at right angles to the same, passing through Point Coupee, and by the last mentioned line to the place of beginning.
Art. 2d. The United States hereby relinquish all claim which they may have had to an}7 lands adjoining to or in the neighborhood of the tract above described.
Art. 3d. As a mark of their regard and attachment to the United States, whom they acknowledge for their only friends and protectors, and for the consideration herein after mentioned, the said tribes do hereby relinquish and cede to the United States the great salt spring upon the Saline creek which falls into the Ohio below the mouth of the Wabash, with a quantity of land surrounding it, not exceeding four miles square, and which may be laid off in a square or oblong as the one or the other may be found most convenient to the United States: And the said United States being desirous that the Indian tribes should participate in the benefits to be derived from the said spring, hereby engage to deliver yearly and every year for the use of the said Indians, a quantity of salt not exceeding one hundred and fifty bushels, and which shall be divided among the several tribes in such manner as the general council of the chiefs may determine.
Art. 4th. For the considerations before mentioned and for the con¬ venience which the said tribes will themselves derive from such estab¬ lishments it is hereby agreed that as soon as the tribes called the Kick¬ apoos, Eel River, W eeas, Piankashaws and Kaskaskias shall give their consent to the measure, the United States shall have the right of locat¬ ing three tracts of lands (of such size as may be agreed upon with the last mentioned tribes) on the main road between Vincennes and Kas¬ kaskias, and one other between Vincennes and Clarksville for the pur¬ pose of erecting houses of entertainment for the accommodation of travellers. But it is expressly understood that if the said locations are made on any of the rivers, which cross the said road, and ferries should be established on the same, that in times of high water any Indian or Indians belonging- to either of the tribes who are parties to this treaty shall have the privilege of crossing such ferry toll free.
Art. 5th. Whereas there is reason to believe that if the boundary lines of the tract described in the first article should be run in the manner therein directed, that some of the settlements and locations of land made by the citizens of the United States will fall in the Indian country — It is hereby agreed that such alterations shall be made in the direction of these lines as will include them; and a quantity of land equal in quantity to what may be thus taken shall be given to the said tribes either at the east or the west end of the tract
TREATY WITH THE KASKASKIAS, 1803.
TREATY WITH THE EEL RIVERS, ETC., 1803.
49
At a council holden at Vincennes on the seventh day of August , one thousand eight hundred and three , under the direction of William Henry Harrison , governor of the Indiana territory , superintendent of Indian affairs , and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may he found nec¬ essary with any of the Indian nations north west of the river Ohio , at which were present the chiefs and wa/rriors of the Eel Riwer , Wyandot, Piankashaw and Kaskaskia nations , and also the tribe of the Kikapoes , by their representatives , the chiefs of the Eel Ri/ver nation.
The fourth article of the treaty holden and concluded at Fort Wayne, on the seventh day of June, one thousand eight hundred and three, being considered, the chiefs and warriors of the said nations give their free and full consent to the same, and they do hereby relin¬ quish and confirm to the United States the privilege and right of locat¬ ing three several tracts of land of one mile square each, on the road leading from Vincennes to Kaskaskia, and also one other tract of land of one mile square on the road leading from Vincennes to Clarksville; which locations shall be made in such places on the aforesaid roads as shall best comport with the convenience and interest of the United States in the establishment of houses of entertainment for the accom¬ modation of travellers.
TREATY WITH THE KASKASKIAS, 1803.
A treaty between the United States of America and the Kaskaskia Tribe of Indians.
Articles of a treaty made at Vincennes in the Indiana territory, between William Henry Harrison, governor of the said territory, superintendent of Indian affairs and commissioner plenipotentiary of the United States for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the river Ohio of the one part, and the head chiefs and warriors of the Kaskas¬ kia tribe of Indians so called, but which tribe is the remains and right¬ fully represent all the tribes of the Illinois Indians, originally called the Kaskaskia, Mitchigamia, Cahokia and Tamaroi of the other part:
Article 1st. Whereas from a variety of unfortunate circumstances the several tribes of Illinois Indians are reduced to a very small num¬ ber, the remains of which have been long consolidated and known by the name of the Kaskaskia tribe, and finding themselves unable to occupy the extensive tract of country which of right belongs to them and which was possessed by their ancestors for many generations, the chiefs and warriors of the said tribe being also desirious of procuring the means of improvement in the arts of civilized life, and a more cer¬ tain and effectual support for their women and children, have, for the considerations hereinafter mentioned, relinquished and by these pres¬ ents do relinquish and cede to the United States all the lands in the Illinois country, which the said tribe has heretofore possessed, or which they may rightfully claim, reserving to themselves however the tract of about three hundred and fifty acres near the town of Kaskas¬ kia, which they have always held and which was secured to them by the act of Congress of the third day of March, one thousand seven hundred and ninety-one, and also the right of locating one other tract of twelve hundred and eighty acres within the bounds of that now ceded, which two tracts of land shall remain to them forever.
S. Doc. 452 - 4
Aug. 7, 1803
7 Stat,, 77. Proclamation, Dec. 23, 1803.
Right given to Unit¬ ed States of locating certain land.
Aug. 13, 1803.
7 Stat., 78.
Proclamation, Dec. 23, 1803.
CessiontotheUnited
States.
50
TREATY WITH THE KASKASKIAS, 1803.
United Sta tes to take the Kaskaskias under their protection, etc.
Former annuity to be increased; how to be paid.
A house for the chief to be built, and a field for the tribe to be in¬ closed.
Annual sum to be paid to a Catholic priest, etc.
A sum to be given by United States for erecting a church.
Right of dividing annuity reserved to United States.
Art. 2d. The United States will take the Kaskaskia tribe under their immediate care and patronage, and will afford them a protection as effectual against the other Indian tribes and against all other per¬ sons whatever as is enjoyed by their own citizens. And the said Kas¬ kaskia tribe do hereby engage to refrain from making war or giving any insult or offence to any other Indian tribe or to any foreign nation, without having first obtained the approbation and consent of the United States.
Art. 3d. The annuity heretofore given by the United States to the said tribe shall be increased to one thousand dollars, which is to be paid to them either in money, merchandise, provisions or domestic animals, at the option of the said tribe: and when the said annuity or any part thereof is paid in merchandise, it is to be delivered to them either at Vincennes, Fort. Massac or Kaskaskia, and the first cost of the goods in the sea-port where they may be procured is alone to be charged to the said tribe free from the cost of transportation, or any other contingent expense. Whenever the said tribe may choose to receive money, provisions or domestic animals for the whole or in part of the said annuity, the same shall be delivered at the town of Kaskaskia. The United States will also cause to be built a house suit¬ able for the accommodation of the chief of the said tribe, and will enclose for their use a field not exceeding one hundred acres with a good and sufficient fence. And whereas, The greater part of the said tribe have been baptised and received into the Catholic church to which they are much attached, the United States will give annually for seven years one hundred dollars towards the support of a priest of that reli¬ gion. who will engage to perform for the said tribe the duties of his office and also to instruct as many of their children as possible in the rudi¬ ments of literature. And the United States will further give the sum of three hundred dollars to assist the said tribe in the erection of a church. The stipulations made in this and the preceding article, together with the sum of five hundred and eighty dollars, which is now paid or assured to be paid for the said tribe for the purpose of pro¬ curing some necessary articles, and to relieve them from debts which they have heretofore contracted, is considered as a full and ample compensation for the relinquishment made to the United States in the first article.
Art. 4th. The United States reserve to themselves the right at any future period of dividing the annuity now promised to the said tribe amongst the several families thereof, reserving always a suitable sum for the great chief and his family.
Art. 5th. And to the end that the United States may be enabled to fix with the other Indian tribes a boundary between their respective claims, the chiefs and head warriors of tlie said Kaskaskia tribe do hereby declare that their rightful claim is as follows, viz: Beginning at the confluence of the Ohio and the Mississippi, thence up the Ohio to the mouth of the Saline creek, about twelve miles below the mouth of the Wabash, thence along the dividing ridge between the said creek and the Wabash until it comes to the general dividing ridge between the waters which fall into the Wabash, and those which fall into the Kaskaskia river; and thence along the said ridge untill it reaches the waters which fall into the Illinois river, thence in a direct course to the mouth of the Illinois river, and thence down the Mississippi to the beginning.
Art. 6th. As long as the lands which have been ceded by this treaty shall continue to be the property of the United States, the said tribe shall have the privilege of living and hunting upon them in the same manner that they have hitherto done.
Art. 7th. This treaty is to be in force and binding upon the said parties, as soon as it shall be ratified by the President and Senate of the United States.
51
TREATY WITH THE DELAWARES, 1804.
TREATY WITH THE CHOCTAWS, 1803
To whom these presents shall come,
Know ye, That the undersigned, commissioners plenipotentiary of _
the United States of America, of the one part, and of the whole Choc- proclamation Dec. taw nation of the other part, being duly authorised by the President 26, i803. of the United States, and by the chiefs and headmen of the said nation, do hereby establish in conformity to the convention of Fort Confed¬ eration, for the line of demarkation recognized in the said convention, the following metes and bounds, viz. : Beginning in the channel of the Hatchee Comesa, or Wax river, at the point where the line of limits, between the United States and Spain crosseth the same, thence up the channel of said river to the confluence of the Chickasaw-Hay and Buck- hatannee rivers, thence up the channel of the Buckhatannee to Bogue Hooma or Red creek, thence up the said creek to a Pine tree standing on the left bank of the same, and blazed on two of its sides, about twelve links southwest of an old trading path, leading from the town of Mobile to the Hewanee towns, much worn, but not in use at the present time:— From this tree we find the following bearings and dis¬ tances, viz. : south fifty four degrees thirty minutes, west, one chain, one link a black gum, north thirty nine degrees east one chain seventy five links to a water oak; thence with the old British line of partition in its various inflections, to a Mulberry post, planted on the right bank of the main branch of Sintee Bogue or Snake creek, where it makes a sharp turn to the south east, a large broken top Cypress-tree standing near the opposite bank of the creek, which is about three poles wide, thence down the said creek to the Tombigby river, thence down the Tombigby and Mobile rivers, to the above mentioned line of limits between the United States and Spain, and with the same to the point of beginning: And we, the said commissioners plenipotentiary, do ratify and confirm the said line of demarkation, and do recognise and acknowledge the same to be the boundary which shall separate and distinguish the land ceded to the United States, between the Tombigby,
Mobile and Pascagola rivers, from that which has not been ceded by the said Choctaw nation.
We the commissioners of the Choctaw nation duly appointed and the chiefs of the said nation who reside on the Tombigby river, next to Sintee Bogue, do acknowledge to have received from the United States of America, by the hands of Brigadier General James Wilkin¬ son, as a considerate n in full for the confirmation of the above con¬ cession, the following articles, viz.: fifteen pieces of strouds, three rifles, one hundred and fifty blankets, two hundred and fifty pounds of powder, two hundred and fifty pounds of lead, one bridle, one man’s saddle, and one black silk handkerchief.
TREATY WITH THE DELAWARES, 1804.
A treaty between the United States of America and the Delawa/re tribe of Indians.
The Delaware tribe of Indians finding that the annuity which they receive from the United States, is not sufficient to supply them with the articles which are necessary for their comfort and convenience, and afford the means of introducing amongst them the arts of civilized life, and being convinced that the extensiveness of the country they possess, by giving an opportunity to their hunting parties to ramble to a great distance from their towns, is the principal means of retarding this desirable event; and the United States being desirous to connect their settlements on the Wabash with the state of Kentucky: therefore the
Aug. 18, 1804.
7 Stat., 81. Proclamation, Feb. 14, 1805.
Ratified Jan. 21, 1805.
52
TREATY WITH THE DELAWARES, 1804.
Cession to the Unit¬ ed States.
Additional annuity to be paid to the Dela¬ wares.
Provision for teach¬ ing them agricultural and domestic arts, etc.
Preceding stipula¬ tions, how to be con¬ sidered.
Stolen horses to be restored.
Right of the Dela¬ wares to lands, etc.
Stipulation that the United States will treat with the Pianke- shaws for an acknowl¬ edgment of the title of the Delawares, etc.
said United States, by W illiam Henry Harrison, governor of the Indiana territory, superintendent of Indian affairs, and their commisioner pleni¬ potentiary for treating with the Indian tribes northwest of the Ohio river: and the said tribe of Indians, by their sachems, chiefs, and head warriors, have agreed to the following articles, which when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on the said parties.
Article 1. The said Delaware tribe, for the considerations herein¬ after mentioned, relinquishes to the United States forever, all their right and title to the tract of country which lies between the Ohio and Wabash rivers, and below the tract ceded by the treaty of Fort Wayne, and the road leading from Vincennes to the falls of Ohio.
Art. 2. The said tribe shall receive from the United States for ten years, an additional annuity of three hundred dollars, which is to be exclusively appropriated to the purpose of ameliorating their condition and promoting their civilization. Suitable persons shall be employed at the expense of the United States to teach them to make fences, cul¬ tivate the earth, and such of the domestic arts as are adapted to their situation; and a further sum of three hundred dollars shall be appro¬ priated annually for five years to this object. The United States will cause to be delivered to them in the course of the next spring, horses fit for draft, cattle, hogs and implements of husbandry to the amount of four hundred dollars. The preceding stipulations together with goods to the amount of eight hundred dollars which is now delivered to the said tribe, (a part of which is to be appropriated to the satisfying certain individuals of the said tribe, whose horses have been taken by white people) is to be considered as full compensation for the relin¬ quishment made in the first article.
Art. 3. As there is great reason to believe that there are now in the possession of the said tribe, several horses which have been stolen from citizens of the United States, the chiefs who represent the said tribe are to use their utmost endeavors to have the said horses forthwith delivered to the superintendent of Indian affairs or such persons as he may appoint to receive them. And as the United States can place the utmost reliance on the honor and integrity of those chiefs who have manifested a punctilious regard to the engagements entered into at the treaty of Grenville, it is agreed that in relation to such of the horses stolen as aforesaid, but which have died or been removed beyond the reach of the chiefs, the United States will compensate the owners for the loss of them without deducting from the annuity of the said tribe the amount of what may be paid in this way. But it is expressly understood that this provision is not to extend to any horses which have been stolen within the course of twelve months preceding the date hereof.
Art. 4. The said tribe having exhibited to the above-named com¬ missioner of the United States sufficient proof of their right to all the country which lies between the Ohio and White river, and the Miami tribe who were the original proprietors of the upper part of that country having explicitly acknowledged the title of the Delawares at the general council held at Fort Wayne in the month of June 1803, the said United States will in future consider the Delawares as the rightful owners of all the country which is bounded by the white river on the north, the Ohio on the south, the general boundary line running from the mouth of the Kentucky river on the east, and the tract ceded by this treaty, and that ceded by the treaty of Fort Wayne, on the west and south west.
Art. 5. As the Piankishaw tribe have hitherto obstinately persisted in refusing to recognize the title of the Delawares to the tract of coun¬ try ceded by this treaty, the United States will negociate with them and will endeavor to settle the matter, in an amicable way; but should
TREATY WITH THE PIANKESH AW-S, 1804.
53
they reject the propositions that may be made to them on this subject, and should the United States not think proper to take possession of the said country without their consent; the stipulations and promises herein made on behalf the United States, shall be null and void.
Art. 6. As the road from Vincennes to Clark’s grant will form a Boundaries, etc. verj7 inconvenient boundary, and as it is the intention of the parties to these presents that the whole of the said road shall be within the tract ceded to the United States, it is agreed that the boundary in that quar¬ ter shall be a straight line