TREATY September 30, 1809
TREATY WITH THE DELAWARES, ETC.
September 30, 1809
Proclaimed January 16, 1810
TREATY WITH THE DELAWARES, ETC.
September 30, 1809
Proclaimed January 16, 1810
A treaty between the United States of America, and the tribes of
Indians called the Delawares, Putawatimies, Miamies and Eel River
Miamies.
James Madison, President of the United States, by William Henry
Harrison, governor and commander-in-chief of the Indiana territory,
superintendent of Indian affairs, and commissioner plenipotentiary of
the United States for treating with the said Indian tribes, and the
Sachems, Head men and Warriors of the Delaware, Putawatame, Miami and
Eel River tribes of Indians, have agreed and concluded upon the
following treaty; which, when ratified by the said President, with the
advice and consent of the Senate of the United States, shall be binding
on said parties.
ARTICLE 1st.
The Miami and Eel River tribes, and the Delawares and Putawatimies, as
their allies, agree to cede to the United States all that tract of
country which shall be included between the boundary line established
by the treaty of Fort Wayne, the Wabash, and a line to be drawn from
the mouth of a creek called Racoon Creek, emptying into the Wabash, on
the south-east side, about twelve miles below the mouth of the
Vermilion river, so as to strike the boundary line established by the
treaty of Grouseland, at such a distance from its commencement at the
north-east corner of the Vincennes tract, as will leave the tract now
ceded thirty miles wide at the narrowest place. And also all that tract
which shall be included between the following boundaries, viz:
beginning at Fort Recovery, thence southwardly along the general
boundary line, established by the treaty of Greenville, to its
intersection with the boundary line established by the treaty of
Grouseland; thence along said line to a point from which a line drawn
parallel to the first mentioned line will be twelve miles distant from
the same, and along the said parallel line to its intersection with a
line to be drawn from Fort Recovery, parallel to the line established
by the said treaty of Grouseland.
ARTICLE 2d.
The Miamies explicitly acknowledge the equal right of the Delawares
with themselves to the country watered by the White river. But it is
also to be clearly understood that neither party shall have the right
of disposing of the same without the consent of the other: and any
improvements which shall be made on the said land by the Delawares, or
their friends the Mochecans, shall be theirs forever.
ARTICLE 3d.
The compensation to be given for the cession made in the first article
shall be as follows, viz: to the Delawares a permanent annuity of five
hundred dollars; to the Miamies a like annuity of five hundred dollars;
to the Eel river tribe a like annuity of two hundred and fifty dollars;
and to the Putawatimies a like annuity of five hundred dollars.
ARTICLE 4th.
All the stipulations made in the treaty of Greenville, relatively to
the manner of paying the annuities, and the right of the Indians to
hunt upon the land, shall apply to the annuities granted and the land
ceded by the present treaty.
ARTICLE 5th.
The consent of the Wea tribe shall be necessary to complete the title
to the first tract of land here ceded; a separate convention shall be
entered into between them and the United States, and a reasonable
allowance of goods given them in hand, and a permanent annuity, which
shall not be less than three hundred dollars, settled upon them.
ARTICLE 6th.
The annuities promised by the third article, and the goods now
delivered to the amount of five thousand two hundred dollars, shall be
considered as a full compensation for the cession made in the first
article.
ARTICLE 7th.
The tribes who are parties to this treaty being desirous of putting an
end to the depredations which are committed by abandoned individuals of
their own color, upon the cattle, horses, &c. of the more
industrious and careful, agree to adopt the following regulations, viz:
when any theft or other depredation shall be committed by any
individual or individuals of one of the tribes above mentioned, upon
the property of any individual or individuals of another tribe, the
chiefs of the party injured shall make application to the agent of the
United States, who is charged with the delivery of the annuities of the
tribe to which the offending party belongs, whose duty it shall be to
hear the proofs and allegations on either side, and determine between
them: and the amount of his award shall be immediately deducted from
the annuity of the tribe to which the offending party belongs, and
given to the person injured, or to the chief of his village for his
use.
ARTICLE 8th.
The United States agree to relinquish their right to the reservation,
at the old Ourcetenon towns, made by the treaty of Greenville, so far
at least as to make no further use of it than for the establishment of
a military post.
ARTICLE 9th.
The tribes who are parties to this treaty, being desirous to show their
attachment to their brothers the Kickapoos, agree to cede to the United
States the lands on the north-west side of the Wabash, from the
Vincennes tract to a northwardly extention of the line running from the
mouth of the aforesaid Raccoon creek, and fifteen miles in width from
the Wabash, on condition that the United States shall allow them an
annuity of four hundred dollars. But this article is to have no effect
unless the Kickapoos will agree to it.
In
testimony whereof, the said William Henry Harrison, and the sachems and
war chiefs of the beforementioned tribes, have hereunto set their hands
and affixed their seals, at fort Wayne, this thirtieth of September,
eighteen hundred and nine.
William Henry Harrison, [L.S.]
Delawares:
Anderson, for Hockingpomskon, who is absent, his x mark, [L.S.]
Anderson, his x mark, [L.S.]
Petchekekapon, his x mark, [L.S.]
The Beaver, his x mark, [L.S.]
Captain Killbuck, his x mark, [L.S.]
Pattawatimas:
Winemac, his x mark, [L.S.]
Five Medals, by his son, his x mark, [L.S.]
Mogawgo, his x mark, [L.S.]
Shissahecon, for himself and his brother Tuthinipee, his x mark, [L.S.]
Ossmeet, brother to Five Medals, his x mark, [L.S.]
Nanousekah, Penamo's son, his x mark, [L.S.]
Mosser, his x mark, [L.S.]
Chequinimo, his x mark, [L.S.]
Sackanackshut, his x mark, [L.S.]
Conengee, his x mark, [L.S.]
Miamis:
Pucan, his x mark, [L.S.]
The Owl, his x mark, [L.S.]
Meshekenoghqua, or the Little Turtle, his x mark, [L.S.]
Wapemangua, or the Loon, his x mark, [L.S.]
Silver Heels, his x mark, [L.S.]
Shawapenomo, his x mark, [L.S.]
Eel Rivers:
Charley, his x mark, [L.S.]
Sheshangomequah, or Swallow, his x mark, [L.S.]
The young Wyandot, a Miami of Elk Hart, his x mark, [L.S.]
In presence of -
Peter Jones, secretary to the Commissioner,
John Johnson, Indian agent,
A. Heald, Capt. U. S. Army,
A. Edwards, surgeon's mate,
Ph. Ostrander, Lieut. U. S. Army,
John Shaw,
Stephen Johnston,
J. Hamilton, sheriff of Dearborn County,
Hendrick Aupaumut.
William Wells,
John Conner,
Joseph Barron,
Abraham Ash,
Sworn Interpreters.
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.
