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cond article: Provided that by this retrenchment the two states renounce the respective pretensions, which are the object of the said article."
WHICH ratifications were duly exchanged at Paris, on the thirtyfirst day of July, in the present year, and having been so exchanged were again submitted to the Senate of the United States, who on the nineteenth day of the present month resolved that they considered the said Convention as fully ratified, and returned the same to the President for the usual promulgation.*
Done at the City of Washington, the twenty-first day of December, in the year of our Lord one thousand eight hundred and one.
[NOTE. A treaty of Amity and Commerce was concluded at Paris, April 3d, 1783, between Count Gustavus Philip de Creutz, on the part of the King of Sweden, and Benjamin Franklin, on the part of the United States; but as it was limited to fifteen years, it has long since expired, and the editor dees not find that it has been renewed. See vol. 2, p. 248.]
Articles of Agreement & 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.
HAT 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.
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.
And whereas the United States are engaged in a just and necessary war, in defence and support of life, liberty and independence, against
By an act passed April 2, 1802, a sum not exceeding three hundred and eighteen thousand dollars is appropriated for the payment of such demands as may be justly due for French vessels and property captured, and which must be restored or paid for pursuant to this convention : be paid under the direction of the President out of any public money not otherwise appropriated.
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 officer's, &c. 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 expence 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 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.
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 the 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.
Whereas the confederation entered into by the Delaware Nation and the United States, renders the first dependant on the latter for all the articles of clothing, utensils and implements of war, and it is judged
not only reasonable, but indispensibly 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.
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 possesion 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 with 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.
Done at Fort-Pitt, September seventeenth, anno Domini one thousand seven hundred and seventy-eight.
Articles of a Creaty
Concluded at Fort M'Intosh, the twenty-first day of January, one thousand seven hundred and eighty-five, between the Commissioners Plenipotentiary of the UNITED STATES OF AMERICA of the one part, and the Sachems and Warriors of the Wiandot, Delaware, Chippawa, and Ottawa nations of the other.
HE Commissioners Plenipotentiary of the United States in Congress assembled, give peace to the Wiandot, Delaware, Chippawa and Ottawa nations of Indians, on the following conditions.
THREE chiefs, one from among the Wiandot, and two from among 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.
The said Indian nations do acknowledge themselves and all their tribes to be under the protection of the United States, and of no other sovereign whatsoever.
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 Muskingum ; 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.
The 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.
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.
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.
In the same manner the post of Michillimachenac with its dependencies and twelve miles square about the same, shall be reserved to the use of the United States.
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.
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.
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 person or persons in the said nations.
(Signed) GEO. CLARK, RICHARD BUTLER and ARTHUR LEE, on the part of the United States; and by the Sachems and Warriors on the part of the Wiandot, Delaware, Chippawa and Ottawa Nations.
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 Geo. Clark, Richard Butler, and Samuel H. Parsons, 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.
HREE 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.
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.
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 commanding the nearest post of the United States, to be punished according 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 Shawanoe nation, or to any other Indian or Indians residing in their towns, and