TREATY January 9, 1789
TREATY WITH THE WYANDOT, ETC.
January 9, 1789
Proclaimed September 27, 1789.
TREATY WITH THE WYANDOT, ETC.
January 9, 1789
Proclaimed September 27, 1789.
Articles
of a Treaty Made at Fort Harmar between Arthur St.Clair, Governor of
the Territory of the United States North-West of the River Ohio, and
Commissioner Plenipotentiary of the United States of America, for
removing all Causes of Controversy, regulating Trade, and settling
Boundaries, with the
Indian Nations in the Northern Department,
of the one Part; and the Sachems and Warriors 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
Commissioners George Rogers Clark, Richard Butler, and Arthur Lee,
Esquires, duly appointed for that purpose, at a treaty holden with the
Wyandot, Delaware, Ottawa and Chippewa nations, at Ford M'Intosh, on
the twenty-first day of January, in the year of our Lord one thousand
seven hundred and eighty- five, conclude a peace with the Wiandots,
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 either of them,
should be 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 agreement, 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 II.
And whereas at the before mentioned treaty it was agreed between 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, forever. And the undersigned Indians do hereby in
their own names, 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.
The United States of America do by these presents relinquish and quit
claim to the said nations respectively, all the lands lying between 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.
ARTICLE IV.
It is agreed between the said United States and the said nations, that
the individuals of said nations shall be at liberty to hunt within the
territory 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
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
north-west 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.
ARTICLE VI.
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 agreement, 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 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 possession soever they may have passed, and, upon due proof,
shall be restored; any sales in market overt, notwithstanding. And the
civil magistrates 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
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
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
that they may not be imposed upon in their traffic. And if any person
or persons shall intrude themselves without such licence, 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.
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 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.
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, 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.
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.
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 M'Intosh; 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.
ARTICLE XIV.
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 every part,
expressly with them and each of them.
ARTICLE XV.
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 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.
Arthur St. Clair [L.S.] Delawares:
Peoutewatamie, his x mark, [L.S.] Captain Pipe, his x mark, [L.S.]
Konatikina, his x mark, [L.S.] Wingenond, his x mark, [L.S.]
Sacs: Pekelan, his x mark, [L.S.]
Tepakee, his x mark, [L.S.] Teataway, his x mark, [L.S.]
Kesheyiva, his x mark, [L.S.] Chippewas:
Chippewas: Nanamakeak, his x mark, [L.S.]
Mesass, his x mark, [L.S.] Wetenasa, his x mark, [L.S.]
Paushquash, his x mark, [L.S.] Soskene, his x mark, [L.S.]
Pawasicko, his x mark, [L.S.] Pewanakum, his x mark, [L.S.]
Ottawas: Wyandots:
Wewiskia, his x mark, [L.S.] Teyandatontec, his x mark, [L.S.]
Neagey, his x mark, [L.S.] Cheyawe, his x mark, [L.S.]
Pattawatimas: Doueyenteat, his x mark, [L.S.]
Windigo, his x mark, [L.S.] Tarhe, his x mark, [L.S.]
Wapaskea, his x mark, [L.S.] Terhataw, his x mark, [L.S.]
Nequea, his x mark, [L.S.] Datasay, his x mark, [L.S.]
Maudoronk, his x mark, [L.S.]
Skahomat, his x mark, [L.S.]
In presence of --
Jos. Harmar, lieutenant-colonel,
commandant, First U. S. Regiment, and
brigadier-general by brevet, Robt. Thompson, ensign, First
U. S. Regiment,
Richard Butler, Frans. Muse, ensign,
Jno. Gibson, J. Williams, jr.,
Will. McCurdey, captain, Wm. Wilson,
E. Denny, ensign, First U. S. Regiment, Joseph Nicholas,
A. Hartshorn, ensign, James Rinkin.
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 country into their own hands; for that the country is theirs of right, and the Shawanese 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.
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 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 and 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 authority of the States, if it shall have happened
within any of the United States.
Sources:
Fay, George E., ed. Treaties Between the Potawatomi Tribe of Indians and the United States of America, 1789 - 1867. Greeley, Colorado, University of Northern Colorado, 1971.
Kappler, Charles J., ed. Indian Treaties 1778-1883. Mattituck, New York, Amereon House, 1972.
