TREATIES BETWEEN THE UNITED STATES OF AMERICA AND THE INDIANS. DELAWARES. [CONCLUDED SEPTEMBER 17, 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 Captain White Eyes, Captain John Kill Buck, jr., and Captain Pipe, deputies, and chief men of the Delaware nation, of the other part. ARTICLE 1. That all offences, or acts of hostilities, by one or either of the contracting parties against the other, be mutually forgiven, and buried in the depth of oblivion, never more to be had in remembrance. ART. 2. 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 measures may be taken to prevent their ill effect. ART. 3. 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 possessed 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 may be in their power, for the accommodation of such troops, on the commanding officers', etc., paying, or engaging to pay, the full value of whatever they can supply them with. And the said deputies, on the behalf of their nation, engage to join the troops of the United States aforesaid, with such a number of their best and most expert warriors, as they can spare, consistent with their own safety, and act in concert with them; and for the better security of the old men, women, and children, of the aforesaid nation, whilst their warriors are engaged against the common enemy, it is agreed, on the part of the United States, that a fort of sufficient strength and capacity be built at the expense of the said States, with such assistance as may be in the power of the said Delaware nation to give, in the most convenient place, and advantageous situation, as shall be agreed on by the commanding officer of the troops aforesaid, with the advice and concurrence of the deputies of the aforesaid 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 common good. it ART. 4. For the better security of the peace and friendship now entered into 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 imprisonment, 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 deputies of the Delaware nation, as may be appointed to act in concert with them in adjusting this matter to their mutual liking. And it is further agreed between the parties aforesaid, that neither shall entertain, 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. ART. 5. Whereas the confederation entered into by the Delaware nation, and the United States, renders the first dependent on the latter, for all the articles of clothing, 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 necessity 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. ART. 6. Whereas the enemies of the United States have endeavored, by every artifice in their power, to possess the Indians in general with 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 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 United States, to join the present confederation, and to form a State, whereof the Delaware nation shall be the head, and have a representation in Congress: provided, nothing contained in this article to be considered as conclusive, until it meets the approbation of Congress. And it is also the intent and meaning of this article, that no protection or countenance shall be afforded to any who are at present our enemies, by which they might escape the punishment they deserve. In witness whereof, the parties have hereunto interchangeably set their hands and seals, at Fort Pitt, September seventeenth, anno Domini one thousand seven hundred and seventy-eight. Andrew Lewis, L. S. In presence of Lach'n McIntosh, B. General, Commander the Western Dep't. W. Crawford, Colonel, John Campbell, John Stephenson, John Gibson, Colonel 13th Virginia Regiment, Lach. McIntosh, jun., Major Brigade, Joseph L. Finley, Captain 8th Penn. Regiment, SIX NATIONS OF NEW YORK. [CONCLUDED OCTOBER 22, 1784.] Articles of a treaty concluded at Fort Stanwix, on the twentysecond day of October, one thousand seven hundred and eightyfour, between Oliver Wolcott, 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 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 commissioners by the said nations, to remain in possession of the United States, till all the prisoners, white and black, which were taken by the said Senekas, 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. ART. 2. The Oneida and Tuscarora nations shall be secured in the possession of the lands on which they are settled. ART. 3. A line shall be drawn, beginning at the mouth of a creek, about four 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 Buffalo 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 Oyonwayca 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. ART. 4. 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. |