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ART. 5. It is agreed, that if any Indian or Indians, of the nations before mentioned, shall commit a murder or robbery on any of the citizens of the United States, the nation or tribe to which the offender belongs, on 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 established in the territory of the United States northwest of the river Ohio, for the punishment of such offences, if the same shall have been committed 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 robbery, 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 nothing may interrupt the peace and harmony now established between the United States and said nations.

ART. 6. And whereas the practice of stealing horses has prevailed very much, to the great disquiet of the citizens of the United States, and if persisted in, cannot fail to involve both the United States of America and the Indians in endless animosity, it is agreed that it shall be put an entire stop to on both sides; nevertheless, should some individuals, in defiance of this agree ment, and of the laws provided against such offences, continue to make depredations of that nature, the person convicted thereof · shall be punished with the utmost severity the laws of the respective States, or territory of the United States northwest of the Ohio, where the offence may have been committed, will admit of; and all horses so stolen, either by the Indians from the citi zens 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 possession soever they may have passed, and, upon due proof, shall be restored; any sales in market ouvert notwithstanding. And the civil magistrates in the United States respectively, and in the territory of the United States northwest of the Ohio, shall give all necessary aid and protection to Indians claiming such stolen horses.

ART. 7. Trade shall be opened with the said nations, and they do hereby respectively engage to afford protection to the persons and property of such as may be duly licensed to reside among them for the purposes of trade, and to their agents, factors, and. servants; but no person shall 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 northwest 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 that they may not be imposed upon in their traffic. And if any person or persons shall intrude themselves without such license, they promise to apprehend him or them, and to bring them to the said governor, 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.

ART. 8. 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.

ART. 9. 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.

ART. 10. The United States renew the reservations heretofore made in the before mentioned treaty at Fort McIntosh, 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 rivers; six miles square at the portage upon that branch of the Miami which runs into the Ohio; six miles square upon the lake Sandusky, 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.

ART. 11. 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, and always six miles west of the strait, until it strikes the lake St. Clair, shall be reserved for the use of the United States.

ART. 12. 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.

ART. 13. 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 McIntosh; and the said nations again acknowledge themselves, and all their tribes, to be under the protection of the said United States, and no other power whatever.

ART. 14. The United States of America do also receive into their friendship and protection, the nations of the Pattawatimas 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 every part, expressly with them and each of them.

ART. 15. 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 Auglaize; which was neither the intention of the Indians, nor of the commissioners; 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.

Done at Fort Harmar, on the Muskingum, this ninth day of January, in the year of our Lord one thousand seven hundred and eighty-nine.

In witness whereof, the parties have hereunto interchangeably set their hands and seals.

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Jos. Harmar, Lt. Col. Comt. 1st U. S. Regt. and Brig. Genl.

by Brevet,

Richard Butler,

Jno. Gibson,

Will. McCurdey, Capt.

E. Denny, Ensign 1st U. S. Regt.

A. Hartshorn, Ensign,

Robt. Thompson, Ensign 1st U. S. Regt.

Frans. Muse, Ensign,

J. Williams, Jun.

Wm. Wilson,

Joseph Nicholas,

James Rinkin.

Be it remembered, that the Wyandots have laid claim to the lands that were granted to the Shawanees at the treaty held at the Miami: and have declared, that as the Shawnees 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 country into their own hands; for that the country is theirs of right, and the Shawanees are only living

upon it by their 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.

CREEKS.

[CONCLUDED august 7, 1790. ]

A treaty of peace and friendship, made and concluded between the President of the United States of America, on the part and behalf 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 by 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 undersigned kings, chiefs, and warriors, representing the said nation, have agreed to the following articles:

ART. 1. There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals, towns, and tribes, of the Upper, Middle, and Lower Creeks and Seminoles, composing the Creek nation of Indians.

ART. 2. The undersigned kings, chiefs, and warriors, for themselves and 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.

ART. 3. The Creek nation shall deliver, as soon as practicable, to the commanding 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

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