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Treaty be

tween the United States and the Delawares.

Annuity from the United

cient.

for their civili

No. 2. A treaty between the United States of America, and the Delaware 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 States, insuffi- convenience, and afford the means of introducing amongst them the arts of civilized life, and being convinced that the extenCountry of the Delawares siveness of the country they possess, by giving an opportunity too extensive 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 said United States, by William Henry Harrison, governor their settle of the Indiana territory, superintendent of Indian affairs, and their commissioner plenipotentiary 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:

zation.
The United
States desire
to connect

ments, &c.

Tract of coun

try between

Wabash, &c.

Art. 1. The said Delaware tribe, for the consideration herethe Ohio and inafter mentioned, relinquishes to the United States, forever, all ceded to the their right and title to the tract of country which lies between United States. the Ohio and Wabash rivers, and below the tract ceded by the [* See post. chap. 5, No. treaty of fort Wayne,* and the road leading from Vincennes to

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Annuity of $300 for ten

years, to be paid to the Delawares, &c.

Persons to be

of the United States, 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 employed at States, to teach them to make fences, cultivate the earth, and the expense such of the domestic arts as are adapted to their situation; and a further sum of three hundred dollars shall be appropriated teach them annually, for five years, to this object. The United States will vilized life, for cause to be delivered to them, in the course of the next spring, which $300 horses fit for draught, cattle, hogs, and implements of husbandry, be appropriat- to the amount of four hundred dollars. The preceding stipued yearly for lations, together with goods to the amount of eight hundred five years, &c. 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 relinquishment

the arts of ci

additional to

Stolen horses

to be restored.

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

horses out of

arr, 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 The United on the honor and integrity of those chiefs who have manifested States to pay a punctilious regard to the engagements entered into at the trea- for stolen the ty of Greenville, it is agreed, that in relation to such of the hor- reach, or teses, stolen as aforesaid, but which have died, or been removed dead, without beyond the reach of the chiefs, the United States will compenthe sate the owners for the loss of them, without deducting, from Except horses the annuity of the said tribe, the amount of what may be paid stolen within the preceding in this way. But it is expressly understood, that this provi- twelve sion is not to extend to any horses which have been stolen with- months. in the course of twelve months preceding the date hereof.

deduction:

Art. 4. The said tribe having exhibited to the above-named Territorial commissioner of the United States, sufficient proof of their rights of the Delawares, right to all the country which lies between the Ohio and White specified and river, and the Miami tribe, who were the original proprietors of recognized by the United the upper part of that country, having explicitly acknowledged the States, &c. title of the Delawares, at the general council held at fort Wayne, [See post. in the month of June, 1803, the said United States will, in chap. 3, No. 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 southwest.

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the Pianke

Art. 5. As the Piankeshaw tribe have hitherto obstinately The United persisted in refusing to recognize the title of the Delawares to States to nethe tract of country ceded by this treaty, the United States will gotiate with negotiate with them, and will endeavor to settle the matter in shaws, conan amicable way; but should they reject the propositions that cerning their may be made to them on this subject, and should the United cognize the States not think proper to take possession of the said country title of the without their consent, the stipulations and promise herein made, the tract cedon behalf of the United States, shall be null and void.t

refusal to re

Delawares to

clude the

Clark's grant,

ed, &c. Art. 6. As the road from Vincennes to Clark's Grant will Boundary, form a very inconvenient boundary, and as it is the intention of so as to inthe parties to these presents, that the whole of the said road road from shall be within the tract ceded to the United States, it is agreed Vincennes to that the boundary, in that quarter, shall be a straight line, to be in the tract drawn parallel to the course of the said road, from the eastern ceded, &c. boundary of the tracts ceded by the treaty of fort Wayne to Clark's Grant: but the said line is not to pass at a greater distance than half a mile from the most notherly bend of said road.

†The Piankeshaws relinquished their claim to the tract of land in question, by the treaty of Vincennes, of the 27th of August, 1804. See post. chap. 10, No. 1, art. 1.

Treaty with the Delawares, St. Mary's, (O) Sd Oct. 1818, Delawares

cede all claim to land in Indiana.

United States to provide a country for

the Delawares on the west of

the Missis

Fall value of

In witness whereof, the commissioner plenipotentiary of the United States, and the chiefs and head men of the said tribe, have hereunto set their hands and affixed their seals. Done at Vincennes, the eighteenth day of August, in the year of our Lord one thousand eight hundred and four; and of the independence of the United States the twenty-ninth.

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Signed, sealed, and delivered in presence of

John Gibson, secretary to the commissioner.

Henry Vanderburg, one of the judges of the Indiana Territory.

Vigo, colonel of Knox county, 1. T. Militia.

B. Parke, attorney-general of the IT.

John Rice Jones, of the Indiana Ty.

Robert Buntin, prothonotary of Knox county, I. T.

G. Wallace, jun. of the Indiana Territory.

Antonie Marchal, of the Indiana Territory.

Joseph Barron, interpreter.

Edward Hempstead, attorney at law.

L. S.

L. S.

I do certify, that each and every article of the foregoing treaty was carefully explained, and precisely interpreted, by me, to the Delaware chiefs who have signed the same.

JOHN GIBSON.

No. 3. Articles of a treaty made and concluded at St. Mary's, in the state of
Ohio, between Jonathan Jennings, Lewis Cass, and Benjamin Parke, com-
missioners of the United States, and the Delaware nation of Indians.
Art. 1. The Delaware nation of Indians cede to the United
States all their claim to land in the state of Indiana.

Art. 2. In consideration of the aforesaid cession, the United States agree to provide for the Delawares a country to reside in, upon the west side of the Mississippi, and to guarantee to them the peaceable possession of the same.

Art. 3. The United States also agree to pay the Delawares the full value of their improvements in the country hereby cedsippi. ed: which valuation shall be made by persons to be appointed Delaware im- for that purpose by the President of the United States; and to provements to furnish the Delawares with one hundred and twenty horses, not be paid-hor- to exceed in value forty dollars each, and a sufficient number of &c, to be fur- perogues, to aid in transporting them to the west side of the Mississippi; and a quantity of provisions, proportioned to their numbers, and the extent of their journey.

ses, perogues,

nished.

Use and occu

pation of im

Art. 4. The Delawares shall be allowed the use and occupaprovements pation of their improvements, for the term of three years from for 3 years to the date of this treaty, if they so long require it.

Delawares.

Art. 5. The United States agree to pay the Delawares a perPerpetual an-petual annuity of four thousand dollars; which, together with

Delawares.

all annuities which the United States, by any former treaty, en- nuity to the gaged to pay to them, shall be paid in silver, at any place to which

the Delawares may remove.

Art. 6. The United States agree to provide and support a A blacksmith, blacksmith for the Delawares, after their removal to the west after removal. side of the Mississippi.

Delawares, on

ferable with

out consent.

Art. 7. One-half section of land shall be granted to each of Grants of land the following persons, namely; Isaac Wobby, Samuel Cassman, to individual Elizabeth Petchaka, and Jacob Dick; and one quarter of a sec- White River tion of land shall be granted to each of the following persons, but not transnamely; Solomon Tindell, and Benoni Tindell; all of whom are Delawares; which tracts of land shall be located, after the country is surveyed, at the first creek above the old fort on White river, and running up the river; and shall be held by the persons herein named, respectively, and their heirs; but shall never be conveyed or transferred without the approbation of the President of the United States.

claims on the

Art. 8. A sum, not exceeding thirteen thousand three hun- United States dred and twelve dollars and twenty-five cents, shall be paid by to pay certain the United States, to satisfy certain claims against the Delaware Delawares at nation; and shall be expended by the Indian agent at Piqua and Piqua and fort Wayne. fort Wayne, agreeably to a schedule this day examined and approved by the commissioners of the United States.

Art. 9. This treaty, after the same shall be ratified by the Treaty bindPresident and Senate of the United States, shall be binding on ing when ratithe contracting parties.

In testimony whereof, the said Jonathan Jennings, Lewis Cass, and Benjamin Parke, commissioners as aforesaid, and the chiefs and warriors of the Delaware nation of Indians, have hereunto set their hands, at St. Mary's, in the state of Ohio, this third day of October, in the year of our Lord one thousand eight hundred and eighteen.

JONATHAN JENNINGS,
LEW. CASS,

B. PARKE.

Kithteeleland, or Anderson, his x mark,
Lapahnihe, or Big Bear, his x mark,
James Nanticoke, his x mark,

Apacahund, or White Eyes, his x mark,
Captain Killbuck, his x mark,
The Beaver, his x mark,
Netahopuna, his x mark,

Captain Tunis, his x mark,

Captain Ketchum, his x mark,
The Cat, his x mark,

Ben Beaver, his x mark,

The War Mallet, his x mark,

Captain Caghkoo, his x mark,
The Buck, his x mark,
Petchenanalas, his x mark,
John Quake, his x mark,
Quenaghtoothmait, his x mark,

Little Jack, his x mark.

fied.

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[Note. The three preceding treaties are all that the Delawares have con cluded, separately, with the United States. It will be perceived, that they are the first nation of Indians with which the United States entered into a formal treaty; and it seems by the 6th article of No. 1, of this chapter, that it was contemplated in the year 1778, during the American revolutionary con test with Great-Britain, to institute an Indian state, with the Delawares at its head, and with a right to a representation in Congress. The wandering mode of life and peculiar habits of the Indians, no doubt, frustrated this benevolent plan. The Delaware Indians are parties, in common with several different tribes, to other treaties with the United States; to wit: the treaties of fort McIntosh, 21st of January, 1785; of fort Harmar, 9th of January, 1789; of Greenville, 3d of August, 1795: of fort Wayne, 7th of June, 1803; of fort Industry, 4th of July, 1805; of Grouseland, 21st of August, 1805; of fort Wayne, 30th of September, 1809; of Greenville, 22d of July, 1814; of Spring. wells, 8th of September, 1815; and of the foot of the Rapids, &c. 29th of September, 1817. See post. chap. 3. Nos, 1, 2, 3, 4, 6, 7, 10, 12, 13, 16.]

Treaty between the United States and the Six Nations.

The United States give peace and protection. Six Indian

CHAPTER II.

Treaties, and contracts with the Six Nations,* and other tribes of Indians in the state of New-York.

No. 1. Articles of a treaty concluded at fort Stanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, between Oliver Wolcott, Richard Butler, and Arthur Lee, commissioners plenipo tentiary 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 Senekas, Mohawks, Onondagas, and Cayugas, and receive them into their protection upon the following conditions:

Art. 1. Six hostages shall be immediately delivered to the

*The tribes composing the Six Nations are the Mohawks, Oneidas, Onondagas, Cayugas, Senekas, and Tuscaroras. The latter did not originally be long to the confederacy, but emigrated from North-Carolina, and joined it many years ago. The Stockbridge Indians also who are with the Oneidas and Tuscaroras, parties to No 5, of this chapter, emigrated from Massachusetts and settled, with the consent of the Six Nations, on the lands they now Occupy. The Mohawks are separately parties to No. 7, and the Senekas to Nos. 8, 9, 10 & 11, of this chapter.

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