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Code · STATUTES-AT-LARGE · Vol. 7 STAT. · Treaty

Treaty.

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7 Stat. 1 Treaty The editor of this work has considered it obligatory upon him to exhibit, as preliminary matter to the treaties between the United States and the Indian tribes, the general principles which have been recognised by the Supreme Court of the United States in relation to the Indian tribes, the Indian title to the lands occupied by them, and the effect of treaties with them upon their claims to these lands, or the claims of others under Indian grants. In the case of Johnson and Graham’s Lessee v.
William M’Intosh, 8 Wheaton’s Reports, 513 ; 5 Condensed Reports, 515, Mr. Chief Justice Marshall, who delivered the opinion of the Court, said: The plaintiffs in this cause claim the land, in their declaration mentioned, under two grants, purporting to be made, the first in 1773, and the last in 1775; by the chiefs of certain Indian tribes, constituting the Illinois and the Piankeshaw nations ; and the question is, whether this title can be recognised in the courts of the United States? The facts, as stated in the case agreed, show the authority of the chiefs who executed this conveyance, so far as it could be given by their own people ; and likewise show, that the particular tribes for whom these chiefs acted were in rightful possession of the land they sold.
The inquiry, therefore, is, in a great measure, confined to the power of Indians to give, and of private individuals to receive, a title which can be sustained in the courts of this country. As the right of society, to prescribe those rules by which property may be acquired and preserved, is not and cannot be drawn into question ; as the title to lands, especially, is and must be admitted to depend entirely on the law of the nation in which they lie; it will be necessary, in pursuing this inquiry, to examine, not singly those principles of abstract justice, which the Creator of all things has impressed on the mind of his creature man, and which arc admitted to regulate, in a great degree, the rights of civilized nations, whose perfect independence is acknowledged; but those principles also which our own government has adopted in the particular case, and given us as the rule for our decision.
On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered an ample field to the ambition and enterprise of all ; and the character and religion of its inhabitants afforded an apology for considering them as a people over whom the superior genius of Europe might claim an ascendency. The potentates of the old world found no difficulty in convincing themselves that they made ample compensation to the inhabitants of the new, by bestowing on them civilization and Christianity, in exchange for unlimited independence.
But, as they were all in pursuit of nearly the same object, it was necessary, tn order to avoid conflicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was, that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title might be consummated by possession. 1 2 INDIAN TREATIES.
The exclusion of all other Europeans, necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives, and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which, by others, all assented. Those relations which were to exist between the discoverer and the natives, were to be regulated by themselves. The rights thus acquired being exclusive, no other power could interpose between them.
In the establishment of these relations, the rights of the original inhabitants were, in no instance, entirely disregarded; but were necessarily, to a considerable extent, impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle, that discovery gave exclusive title to those who made it.
While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate right to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy. The history of America, from its discovery to the present day, proves, we think, the universal recognition of these principles.
Spain did not rest her title solely on the grant of the pope. Her discussions respecting boundary, with France, with Great Britain, and with the United States, all show that she placed it on the rights given by discovery. Portugal sustained her claim to the Brazils by the same title. France, also, founded her title to the vast territories she claimed in America on discovery. However conciliatory her conduct to the natives may have been, she still asserted her right of dominion over a great extent of country not actually settled by Frenchmen, and her exclusive right to acquire and dispose of the soil which remained in the occupation of Indians.
Her monarch claimed all Canada and Acadie, as colonies of France, at a time when the French population was very inconsiderable, and the Indians occupied almost the whole country. He also claimed Louisiana, comprehending the immense territories watered by the Mississippi, and the rivers which empty into it, by the tide of discovery. The letters patent granted to the Sieur Dements, in l(j03, constitute him lieutenant-general, and the representative of the king in Acadie, which is described as stretching from Ore 40th to the 46th degree of north latitude ; with authority to extend die power of the French over that country, and its inhabitants ; to give laws to the people, to treat with the natives, and enforce the observance of treaties ; and to parcel out and give title to lands, according to his own judgment.
The states of Holland also made acquisitions in America, and sustained their right on the common principle adopted by all Europe. They allege, as we are told by Smith, in his history of New York, that Henry Hudson, who sailed, as they say, under the orders of their East India Company, discovered the country from the Delaware to the Hudson, up which he sailed to the 43d degree of north latitude; and this country they claimed under the title acquired by this voyage. Their first object was commercial, as appears by a grant made to a company of merchants in 1014; but in 1621, the states-general made, as we are told by Mr.
Smith, a grant of the country to the West India Company, by the name of New Netherlands. The claim of the Dutch was always contested by the English; not because they questioned the title given by discovery, but because they insisted on being themselves the rightful claimants under that title. Their pretensions were finally decided by the sword. 3 No one of the powers of Europe gave its full assent to this principle more unequivocally than England, The documents upon this subject are ample and complete.
So early as the year 1496, her monarch granted a commission to the Cabots to discover countries then unknown to Christian people, and to take possession of them in the name of the king of England. Two years afterwards, Cabot proceeded on this voyage, and discovered the continent of North America, along which he sailed as far south as Virginia. To this discovery the English trace their title. In this first effort made by the English government to acquire territory on this continent, we perceive a complete recognition of the principle which has been mentioned.
The right of discovery given by this commission is confined to countries then unknown to all Christian people and of those countries Cabot was empowered to take, possession in the name of the king of England. Thus asserting a right to take possession notwithstanding the occupancy of the natives, who were heathens, and, at the same time, admitting the prior title of any Christian people who may have made a previous discovery. The same principle continued to be recognised. The charter granted to Sir Humphrey Gilbert, in 1578, authorizes him to discover and take possession of such remote, heathen, and barbarous lands as were not actually possessed by any Christian prince or people.
This charter was afterwards renewed to Sir Walter Raleigh, in nearly the same terms. By the charter of 1606, under which the first permanent English settlement on this continent was made, James I. granted to sir Thomas Gates and others, those territories in America lying on the sea-coast, between the 34th and 45th degrees of north latitude, and which either belonged to that monarch, or were not then possessed by any other Christian prince or people. The grantees were divided into two companies at their own request.
The first, or southern colony, was directed to settle between the 34th and 41st degrees of north latitude; and the second, or northern colony, between the 38th and 45th degrees. In 1609, after some expensive and not very successful attempts at settlement bad been made, a new and more enlarged charter was given by the crown to the first colony, in which the king granted to the “Treasurer and Company of Adventurers of the city of London for the first colony in Virginia,” in absolute property, the lands extending along the sea-coast four hundred miles, and into the land throughout from sea to sea.
This charter, which is a part of the special verdict in this cause, was annulled, so far as respected the rights of the company, by the judgment of the court of king’s bench on a writ of quo warranto ; but the whole effect allowed to this judgment was, to revest in the crown the powers of government, and the title to the lands within its limits. At the solicitation of those who held under the grant to the second or northern colony, a new and more enlarged charter was granted to the duke of Lenox and others, in 1620, who were denominated the Plymouth Company, conveying to them in absolute property all the lands between the 40th and 48th degrees of north latitude.
Under this patent, New England has been in a great measure settled. The company conveyed to Henry Rosewell and others, in 1627, that territory which is now Massachusetts ; and in 1628, a charter of incorporation, comprehending the powers of government, was granted to the purchasers. Great part of New England was granted by this company, which, at length, divided their remaining lands among themselves; and, in 1635, surrendered their charter to the crown. A patent was granted to Gorges for Maine, which was allotted to him in the division of property.
All the grants made by the Plymouth Company, so far as we can learn, have been respected. In pursuance of the same principle, the king, in 1664, granted to the duke of York the country of New England as far4 south as the Delaware bay. His royal highness transferred New Jersey to lord Berkeley and sir George Carteret. In 1663, the crown granted to lord Clarendon and others, the country lying between the thirty-sixth degree of north latitude and the river St. Mathes ; and, in 1666, the proprietors obtained from the crown a new charter, granting to them that province in the king’s dominions in North America which lies from thirty-six degrees thirty minutes north latitude to the twenty-ninth degree, and from the Atlantic ocean to the South sea.
Thus has our whole country been granted by the crown while in the occupation of the Indians. These grants purport to convey the soil as well as the right of dominion to the grantees. In those governments which were denominated royal, where the right to the soil was not vested in individuals, but remained in the crown, or was vested in the colonial government, the king claimed and exercised the right of granting lands, and of dismembering the government at his will. The grants made out of the two original colonies, after the resumption of their charters by the crown, are examples of this.
The governments of New England, New York, New Jersey, Pennsylvania, Maryland, and a part of Carolina, were thus created. In all of them, the soil, at the time the grants were made, was occupied by the Indians. Yet almost every title within those governments is dependent on these grants. In some instances, the soil was conveyed by the crown unaccompanied by the powers of government, as in the case of the northern neck of Virginia. It has never been objected to this, or to any other similar grant, that the title as well as possession was in the Indians when it was made, and that it passed nothing on that account.
These various patents cannot be considered as nullities ; nor can they be limited to a mere grant of the powers of government. A charter intended to convey political power only, would never contain words expressly granting the land, the soil and the waters. Some of them purport to convey the soil alone ; and in those cases in which the powers of government, as well as the soil, arc conveyed to individuals, the crown has always acknowledged itself to be bound by the grant. Though the power to dismember regal governments was asserted and exercised, the power to dismember proprietary governments was not claimed; and, in some instances, even after the powers of government were revested in the crown, the title of the proprietors to the soil was respected.
Charles II. was extremely anxious to acquire the property of Maine, but the grantees sold it to Massachusetts, and he did not venture to contest the right of that colony to the soil. The Carolinas were originally proprietary governments. In 1721 a revolution was effected by the people, who shook off their obedience to the proprietors, and declared their dependence immediately on the crown. The king, however, purchased the title of those who were disposed to sell. One of them, lord Carteret, surrendered his interest in the government, but retained his title to the soil.
That title was respected till the revolution, when it was forfeited by the laws of war. Further proofs of the extent to which this principle has been recognised, will be found in the history of the wars, negotiations and treaties, which the different nations, claiming territory in America, have carried on, and held with each other. The contests between the cabinets of Versailles and Madrid, respecting the territory on the northern coast of the gulf of Mexico, were fierce and bloody: and continued, until the establishment of a Bourbon on the throne of Spain produced such amicable dispositions in the two crowns, as to suspend or terminate them.
Between France and Great Britain, whose discoveries as well as settle meats were nearly contemporaneous, contests for the country actually covered by the Indians, began as soon as their settlements approached5 each other, and were continued until finally settled in the year 1763, by the treaty of Paris. Each nation had granted and partially settled the country, denominated by the French, Acadie, and by the English, Nova Scotia. By the twelfth article of the treaty of Utrecht, made in 1703, his most Christian majesty ceded to the Queen of Great Britain, “all Nova Scotia or Acadie, with its ancient boundaries.
” A great part of the ceded territory was in the possession of the Indians, and the extent of the cession could not be adjusted by the commissioners to whom it was to be referred. The treaty of Aix la Chapelle, which was made on the principle of the status ante bellum, did not remove this subject of controversy. Commissioners for its adjustment were appointed, whose very able and elaborate, though unsuccessful arguments, in favour of the tide of their respective sovereigns, show how entirely each relied on the title given by discovery to lands remaining in the possession of Indians.
After the termination of this fruitless discussion, the subject was transferred to Europe, and taken up by the cabinets of Versailles and London. This controversy embraced not only the boundaries of New England, Nova Scotia, and that part of Canada which adjoined those colonies, but embraced our whole western country also. France contended not only that the St. Lawrence was to be considered as the centre of Canada, but that the Ohio was within that colony. She founded this claim on discovery, and on having used that river for the transportation of troops, in a war with some southern Indians.
This river was comprehended in the chartered limits of Virginia; but, though the right of England to a reasonable extent of country, in virtue of her discovery of the seacoast, and of the settlements she made on it, was not to be questioned ; her claim of all the lands to the Pacific ocean, because she had discovered the country washed by the Atlantic, might, without derogating from the principle recognised by all, lie deemed extravagant. It interfered, too, with the claims of France, founded on the same principle.
She therefore sought to strengthen her original title to the lauds in controversy, by insisting that it had been acknowledged by France in the fifteenth article of the treaty of Utrecht. The dispute respecting the construction of that article, has no tendency to impair the principle, that discovery gave a title to lands still remaining in the possession of the Indians. Whichever title prevailed, it was still a title to lands occupied by the Indians, whose right of occupancy neither controverted, and neither had then extinguished.
These conflicting claims produced a long and bloody war, which was terminated by the conquest of the whole country east of the Mississippi. In the treaty of 1763, France ceded and guarantied lo Great Britain, nil Nova Scotia or Acadie, and Canada, with their dependencies ; and it was agreed, that the boundaries between the territories of the two nations, in America, should be irrevocably fixed by a line drawn from the source of the Mississippi, through the middle of that river and the lakes Maurepas and Ponchartrain, to the sea.
This treaty expressly cedes, and has always been understood to cede, the whole country, on the English side of the dividing line, between the two nations, although a great and valuable part of it was occupied by the Indians. Great Britain, on her part, surrendered to France all her pretensions to the country west of the Mississippi. It has never been supposed that she surrendered nothing, although she was not in actual possession of a foot of land. She surrendered all right to acquire the country; and any after attempt to purchase it from the Indians, would have been considered and treated as an invasion of the territories of France.
By the 20th article of the same treaty, Spain ceded Florida, with its dependencies, and all the countries she claimed east or south-east of the Mississippi, to Great Britain. Great part of this territory also was in possession of the Indians. 6 By a secret treaty, which was executed about the same time, France ceded Louisiana to Spain; and Spain has since retroceded the same country to France. At the time both of its cession and retrocession, it was occupied, chiefly, by the Indians.
Thus, all the nations of Europe, who have acquired territory on this continent, have asserted in themselves, and have recognised in others, the exclusive right of the discoverer to appropriate the lands occupied by the Indians. Have the American States rejected or adopted this principle? By the treaty which concluded the war of our revolution, Great Britain relinquished all claim, not only to the government, but to the “propriety and territorial rights of the United States,” whose boundaries were fixed in the second article.
By this treaty the powers of government, and the right to soil, which had previously been in Great Britain, passed definitively to these states. We had before taken possession of them, by declaring independence ; but neither the declaration of independence, nor the treaty confirming it, could give us more than that which we before possessed, or to which Great Britain was before entitled. It has never been doubted, that either the United States, or the several states, had a clear title to all the lands within the boundary lines described in the treaty, subject only to the Indian right of occupancy, and that the exclusive power to extinguish that right, was vested in that government which might constitutionally exercise it.
Virginia, particularly within those chartered limits the land in controversy lay, passed an act, in the year 1779, declaring her “exclusive right of pre-emption from the Indians, of all the lands within the limits of her own chartered territory, and that no person or persons whatsoever, have, or ever had, a right to purchase any lands within the same, from any Indian nation, except only persons duly authorized to make such purchase ; formerly for the use and benefit of the colony, and lately for the commonwealth.
” The act then proceeds to annul “all deeds made by Indians to individuals, for the private use of the purchasers.” Without ascribing to this act the power of annulling vested rights, or admitting it to countervail the testimony furnished by the marginal note opposite to the title of the law, forbidding purchases from the Indians, in the revisais of the Virginia statutes, stating that law to be repealed, it may safely be considered as an unequivocal affirmance, on the part of Virginia, of the broad principle which had always been maintained, that the exclusive right to purchase from the Indians resided in the government.
In pursuance of the same idea, Virginia proceeded, at the same session, to open her land office for the sale of that country which now constitutes Kentucky, a country every acre of which was then claimed and possessed by Indians, who maintained their title with as much persevering courage as was ever manifested by any people. The states, having within their chartered limits different portions of territory covered by Indians, ceded that territory, generally, to the United States, on conditions expressed in their deeds of cession, which demonstrate the opinion, that they ceded the soil as well-as jurisdiction, and that in doing so, they granted a productive fund to the government of the union.
The lands in controversy lay within the chartered limits of Virginia, and were ceded with the whole country north-west of the river Ohio. This grant contained reservations and stipulations, which could only be made by the owners of the soil ; and concluded with a stipulation, that “all the lands in the ceded territory, not reserved, should be considered as a common fund, for the use and benefit of such of the United States as have become, or shall become members of the confederation,” &c., “according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever.
” The ceded territory was occupied by numerous and warlike tribes of7 Indians ; but the exclusive right of the United States to extinguish, their title, and to grant the soil, has never, we believe, been doubted. After these states became independent, a controversy subsisted, between them and Spain respecting boundary. By the treaty of 1795, this controversy was adjusted, and Spain ceded to the United States the territory in question. This territory, though claimed by both nations, was chiefly in the actual occupation of Indians.
The magnificent purchase of Louisiana, was the purchase from France of a country almost entirely occupied by numerous tribes of Indians, who are in fact independent. Yet, any attempt of others to intrude into that country, would be considered as an aggression which would justify war. Our late acquisitions from Spain are of the same character, and the negotiations which preceded those acquisitions, recognise and elucidate the principle which has been received as the foundation of all European title in America.
The United States, then, have unequivocally acceded to that great and broad rule by which its civilized inhabitants now hold this country. They hold, and assert in themselves, the tide by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such a degree of sovereignty as the circumstances of the people would allow them to exercise.
The power now possessed by the government of the United States to grant lands, resided, while we were colonies, in the crown, or its grantees. The validity of the titles given by either has never been questioned in our courts. It has been exercised uniformly over territory m possession of the Indians. The existence of this power must negative the existence of any right which may conflict with, and control it. An absolute title to lands cannot exist, at the same time, in different persons, or in different governments.
An absolute, must be an exclusive title, or at least a title which excludes all others not compatible with it. All our institutions recognise the absolute title of the crown, subject only to the Indian right of occupancy, and recognise the absolute title of the crown to extinguish that right. This is incompatible with an absolute and complete title in the Indians. We will not enter into the controversy, whether agriculturists, merchants, and manufacturers, have a right, on abstract principles, to expel hunters from the territory they possess, or to contract their limits.
Conquest gives a title which the courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respect-ing the original justice of the claim which has been successfully asserted. The British government, which was then our government, and whose rights have passed to the United States, asserted a title to all the lands occupied by Indians, within the chartered limits of the British colonies. It asserted also a limited sovereignty over them, and the exclusive right of extinguishing the title which occupancy gave to them.
These claims have been maintained and established as far west as the river Mississippi, by the sword. The title to a vast portion of the lands we now hold, originates in them. It is not for the courts of this country to question the validity of this title, or to sustain one which is incompatible with it. Although we do not mean to engage in the defence of those principles which Europeans have applied to Indian title, they may, we think, find some excuse, if not justification, in the character and habits of the people whose rights have been wrested from them.
The title by conquest is acquired and maintained by force. The conqueror prescribes its limits. Humanity, however, acting on public opinion, has established, as a general rule, that the conquered shall not be wantonly oppressed, and that their condition shall remain ns eligible as is compatible with the objects of the conquest. Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the govern- 8ment with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people.
Where this incorporation is practicable, humanity demands, and a wise policy requires, that the rights of the conquered to property should remain unimpaired ; that the new subjects should be governed, as equitably as the old, and that confidence in their security should gradually banish the painful sense of being separated from their ancient connexions, and united by force to strangers. When the conquest is complete, and the conquered inhabitants can be blended with the conquerors, or safely governed as a distinct people, public opinion, which not even the conqueror can disregard, imposes these restraints upon him ; and he cannot neglect them without injury to his fame, and hazard to his power.
But the tribes of Indians inhabiting this country were fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. To leave them in possession of their country, was to leave the country a wilderness; to govern them as a distinct people, was impossible, because they were as brave and as high-spirited as they were fierce, and were ready to repel by arms every attempt on their independence. What was the inevitable consequence of this state of things? The Europeans were under the necessity either of abandoning the country, and relinquishing their pompous claims to it, or of enforcing those claims by the sword, and by the adoption of principles adapted to the condition of a people with whom it was impossible to mix, and who could not lie governed as a distinct society, or of remaining in their neighbourhood, and exposing themselves and their families to the perpetual hazard of being massacred.
Frequent and bloody wars, in which the whites were not always the aggressors, unavoidably ensued. European policy, numbers, and skill, prevailed. As the white population advanced, that of the Indians necessarily receded. The country in the immediate neighbourhood of agriculturists became unfit for them. The game fled into thicker and more unbroken forests, and the Indians followed. The soil, to which the crown originally claimed title, being no longer occupied by its ancient inhabitants, was parcelled out according to the will of the sovereign power, and taken possession of by persons who claimed immediately from the crown, or mediately, through its grantees or deputies.
That law which regulates, and ought to regulate in general, the relations between the conqueror and conquered, was incapable of application to a people under such circumstances. The resort to some new and different rule, better adapted to the actual state of things, was unavoidable. Every rule which can be suggested will be found to be attended with great difficulty. However extravagant the pretension of converting the discovery of an inhabited country into conquest may appear ; if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it ; if the property of the great mass of the community originates in it, it becomes the law of the land, and cannot be questioned.
So, too, with respect to the concomitant principle, t-hat the Indian inhabitants are to be considered merely as occupants, to be protected, indeed, while in peace, in the possession of their lands, but to be incapable of transferring the absolute title to others. However this restriction may be opposed to natural right, and to the usages of civilized nations, yet, if it be indispensable to that system under which the country has been settled, and be adapted to the actual condition of the two people, it may, perhaps, be supported by reason, and certainly cannot be rejected by courts of justice.
It was doubted whether a state can be seised in fee of lands subject to the Indian title, and whether a decision that they were seised in fee, might9 not be construed to amount to a decision that their grantee might maintain an ejectment for them, notwithstanding that title. The majority of the court is of opinion that the nature of the Indian title, which is certainly to be respected by all courts until it be legitimately extinguished, is not such as to be absolutely repugnant to a seisin in fee on the part of the state.
Fletcher v. Peck, 6 Cranch, 87 ; 2 Cond. Rep. 308. The act of the 30th of March, 1802, having described what should be considered as the Indian country at that time, as well as at any future time when purchases of territory should be made of the Indians ; the carrying of spirituous liquors into a territory so purchased, after March, 1802, although the same should be at the time frequented and inhabited exclusively by Indians ; would not be an offence within the meaning of the before mentioned acts of congress, so as to subject the goods of the trader, found in company with those liquors, to seizure and forfeiture.
American Fur Company. The United States, 3 Peters, 368. The condition of the Indians, in relation to the United States, is perhaps unlike that of any other two people in existence. In general, nations not owing a common allegiance, are foreign to each other. The term foreign nation, is with strict propriety applicable by either to the other. But the relation of the Indians to the United States, is marked by peculiar and cardinal distinctions, which exist nowhere else. The Cherokee Nation in The State of Georgia, 5 Peters, 1.
The Indians are acknowledged to have an unquestionable, and heretofore an unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to the government. It may well be doubted, whether those tribes which reside within the acknowledged boundaries of the United States, can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title, independent of their will, which must take effect in point of possession, when their right of possession ceases ; meanwhile they are in a state of pupilage.
Their relations to the United States resemble that of a ward to his guardian. They look to our government for protection ; rely upon its kindness and its power ; appeal to it for relief to their wants ; and address the President as their great father. *Ibid.* The treaties and laws of the United States, contemplate the Indian territory as completely separated from that of the states ; and provide that all intercourse with them shall be carried on exclusively by the government of the Union.
Worcester v. The State of Georgia, 6 Peters, 515. The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial ; with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate, than the first discoverer of the coast of the particular region claimed : and this was a restriction which those European potentates imposed on themselves, as well as on the Indians.
The very term “nation,” so generally applied to them, means “a people distinct from others.” The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and, consequently, admits their rank among those powers who are capable of making treaties. The words “treaty” and “nation” are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves ; having each a definite and well-understood, meaning.
We have applied them to Indians, as we have applied them to other nations of the earth. They are applied to all in the same sense. *Ibid.* One uniform rule seems to have prevailed in the British provinces in America, by which Indian lands were held and sold, from their first settlement, as appears by their laws ; that friendly Indians were protected in10 the possession of the lands they occupied, and were considered as owning them by a perpetual right of possession in the tribe or nation inhabiting them, as their common property, from generation to generation, not as the right of the individuals located on particular spots.
Subject to this right of possession, the ultimate fee was in the crown, and its grantees ; which could be granted by the crown or colonial legislatures, while the lands remained m possession of the Indians ; though possession could not be taken without their consent. United States v. Clark, 9 Peters, 168. Individuals could not, purchase Indian lands without permission or license from the crown, colonial governors, or according to the rules prescribed by colonial laws; but such purchases were valid with such license, or in conformity with the local laws : and by this union of the perpetual right of occupancy with the ultimate fee, which passed from the crown by the license, the title of the purchaser became complete. *Ibid.* Indian possession or occupation was considered with reference to their habits and modes of life ; their hunting-grounds were as much in their actual possession, as the cleared fields of the whites ; and their rights to its exclusive enjoyment in their own way, and for their own purposes, were as much respected, until they abandoned them, made a cession to the government, or an authorized sale to individuals.
In either case their rights became extinct, the lands could be grunted disencumbered of the right of occupancy, or enjoyed in full dominion by the purchasers from the Indians. Such was the tenure of Indian lands by the laws of Massachusetts, Connecticut, Rhode Island, New Hampshire, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia. *Ibid.* Grants made by the Indians at public councils, since the treaty at Fort Stanwick’s, have been made directly to the purchasers, or to the state in which the land lies, in trust for them, or with directions to convey to them ; of which there are many instances of large tracts so sold and held ; especially in New York. *Ibid.* It was an universal rule, that purchases made at Indian treaties, in the presence, and with the approbation of the officer under whose direction they were held by the authority of the crown, gave a valid title to the lands ; it prevailed under the laws of the states after the revolution, and yet continues in those where the right to the ultimate fee is owned by the states, or their grantees.
It has been adopted by the United States, and purchases made at treaties held by their authority, have been always held good by the ratification of the treaty, without any patent to the purchasers from the United States. This rule in the colonies was founded on a settled rule of the Jaw of England, that by his prerogative, the king was the universal occupant of all vacant lands in his dominions, and had the right to grant them at his pleasure, or by his authorized officers. *Ibid.* When the United States acquired and took possession of the Floridas, the treaties which had been made with the Indian tribes, before the acquisition of the territory by Spain and Great Britain, remained in force over all the ceded territory, as the laws which regulated the relations with all the Indians who were parties to them, and were binding on the United States, by the obligation they had assumed by the Louisiana treaty, as a supreme law of the land, which was inviolable by the power of congress They were also binding as the fundamental law of Indian rights ; acknowledged by royal orders, and municipal regulations of the province, as the laws and ordinances of Spain in the ceded provinces, which were declared to continue in force by the proclamation of the governor in .taking possession of the provinces ; and by the acts of congress, which assured all the inhabitants of protection in their property.
It would be an unwarranted construction of these treaties, laws, ordinances and municipal regulations, to decide that the Indians were not to be maintained in the enjoyment of all the rights which they could have enjoyed under either, had the provinces remained under the dominion of Spain. It would be rather a11 perversion of their spirit, meaning and terms, contrary to the injunction of the law under which the court acts, which makes the stipulations of any treaty, the laws and ordinances of Spain, and these acts of congress, so far as either apply to this case, the standard rules for its decision. *Ibid.* The treaties with Spain and England, before the acquisition of Florida by the United States, which guarantied to the Seminole Indians their lands according to the right of property with which they possessed them, were adopted by the United States ; who thus became the protectors of all the rights they had previously enjoyed, or could of right enjoy under Great Britain or Spain, as individuals or nations, by any treaty, to which the United States thus became parties in 1803. *Ibid.* The Indian right to the lands as property, was not merely of possession, that of alienation was concomitant; both were equally secured, protected and guarantied by Great Britain and Spain, subject only to ratification and confirmation by the license, charter or deed from the governor representing the king.
Such purchases enabled the Indians to pay their debts, compensate for their depredations on the traders resident among them to provide for their wants ; while they were available to the purchasers as payment of the considerations which at their expense had been received by the Indians. It would have been a violation of the faith of the government to both, to encourage traders to settle in the province, to put themselves and property in the power of the Indians, to suffer the latter to contract debts, and when willing to pay them by the only means in their power, a cession of their lands, withhold an assent to the purchase, which, by their laws or municipal regulations, was necessary to vest a title.
Such a course was never adopted by Great Britain, in any of her colonies, nor by Spain in Louisiana or Florida. *Ibid.* The laws made it necessary, when the Indians sold their lands, to have the deeds presented to the governor for confirmation. The sales by the Indians transferred the kind of right which they possessed ; the ratification of the sale by the governor, must be regarded as a relinquishment of the title of the crown to the purchaser; and no instance is known where permission to sell has been “refused, or the rejection of an Indian sale.
” The colonial charters, a great portion of the individual grants by the proprietary and royal governments, and a still greater portion by the states of the Union after the revolution, were made for lands within the Indian hunting-grounds. North Carolina and Virginia to a great extent paid their officers and soldiers of the revolutionary war by such grants, and extinguished the arrears due the army by similar means. It was one of the great resources which sustained the war, not only by those states, but by other states.
The ultimate fee, encumbered with the right of Indian occupancy, was in the crown previous to the revolution, and in the states of the Union afterwards, and subject to grant. This right of occupancy was protected by the political power, and respected by the courts, until extinguished, when the patentee took the encumbered fee. So the supreme court and the state courts have uniformly held. Clark v. Smith, 13 Peters, 195. September 17, 1778 Convention 7 Stat. 14 ARTICLES OF AGREEMENT AND CONFEDERATION, Sept. 17, 1778.*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. That all offences or acts of hostilities by one, or either of the contractingAll offences mutually forgiven. parties against the other, be mutually forgiven, and buried in the depth of oblivion, never more to be had in remembrance. ARTICLE II. That a perpetual peace and friendship shall from henceforth takePeace and friendship perpetual.In case of war, each party to assist the other. 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.
ARTICLE III. And whereas the United States are engaged in a just and necessaryU. S. to have free passage to forts or towns of their enemies. 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 officer’s, &c. paying, or engageing 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 theSuch warriors as can be spared, to join the troops of the U. S. troops of the United States aforesaid, with such a number of their best and most expeart 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 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 by1314TREATY WITH THE DELAWARES. 1778. such numbers, as the wise men of the United States in council, shal, think most conducive to the common good.
ARTICLE IV. Neither party to inflict punishment without an impartial trial.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 tryals 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 Nor protect criminal fugitives, &c.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.
ARTICLE V. Agent to be appointed by the U. S. to trade with the Delaware nation.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 cloathing, 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 sallery, 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 principals of mutual interest as the wisdom of the United States in Congress assembled shall think most conducive to adopt for their mutual convenience. ARTICLE VI. U.S. guarantee to them all territorial rights as bounded by former treaties.Whereas the enemies of the United States have endeavoured, 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 sugestion, the United States do engage to guarantee to the aforesaid nation of Delawares, and their heirs, all their teritoreal 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 To have a representation in Congress on certain conditions.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 tire intent and meaning of this article, that no protection or countenance shall beTREATY WITH THE SIX NATIONS. 1784.15 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 sett their Hands and Seals at Fort-Pitt, September seventeenth, Anno Domini one thousand seven hundred and seventy-eight. Andrew Lewis, Thomas Lewis, White Eyes, The Pipe, John Kill Buck. in presence of Lachn.
M’Intosh, B. General, commander the western department. Daniel Brodhead, Col. 8th Pennsylvania regiment. W. Crawford, Col. John Campbell. John Stephenson. Jno. Gibson, Col. 13th Virginia regiment. A. Graham, Brigade Major. Lachn. M’Intosh, jun. Major Brigade. Benjamin Mills. Joseph L. Finley, Capt. 8th Pennsylvania regiment. John Finley, Capt. 8th Pennsylvania regiment. To the Indian names are subjoined a mark ami seal. October 22, 1784 Convention 7 Stat. 15 ARTICLES Oct. 22, 1784.*Concluded at Fort Slanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, 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 Senecas, Mohawks, Onondagas and Cayugas, and receive them into their protection upon the following conditions :
ARTICLE I. Six hostages shall be immediately delivered to the commissioners byHostages to be given till prisoners are delivered up. the said nations, to remain in possession of the United States, till all the prisoners, white and black, which were taken by the said Senecas, 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. ARTICLE II. The Oneida and Tuscarora nations shall be secured in the possessionPossession of lands secured. of the lands on which they are settled.
ARTICLE III. A line shall be drawn, beginning at the mouth of a creek about fourBoundaries. 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 Buffaloe 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 Oyonwayea 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, all16TREATY WITH THE WYANDOTS, ETC, 1785. 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.
ARTICLE IV. Good a given to the Indians.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. Oliver Wolcott, Richard Butler, Arthur Lee. *Oneidas.* Otyadonenghti, Dagaheari. *Mohawks.* Onogwendahonji, Towighnatogoo. *Cayuga.* Oragbgoanendagen. *Onondagas.* Oheadarighton, Kendarindgon. *Tuscarora.* Ononghsawenghti, Tharondawagen.
Senecas. Toyagonendagighti, Tehonwaeaghriyagi. *Seneca Abeal.* Kayenthoghke. Witnesses:—Sam. Jo. Atlee, Wm. Maclay, Fras. Johnston, Pennsylvania Commissioners. Aaron Hill, Alexander Campbell, Saml. Kirkland, Miss’y. James Dean, Saml. Montgomery. Derick Lane, Capt. John Mercer, Lieut. William Pennington, Lieut. Mahlon Ford, Ensign. Hugh Peebles. To the Indian names are subjoined a mark and seal. January 21, 1785 Treaty 7 Stat. 16 ARTICLES OF A TREATY Jan. 21, 1785.*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.* The 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:
ARTICLE I. Hostages to be given till prisoners are restored.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. ARTICLE II. Indians acknowledge protection of U. S.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.
TREATY WITH THE WYANDOTS, ETC. 1785. 17 ARTICLE III. The boundary line between the United States and the Wiandot andBoundaries. 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 Tuscarawas branch of Meskingum; 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.
ARTICLE IV. The United States allot all the lands contained within the said linesReserves. 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.
ARTICLE V. If any citizen of the United States, or other person not being an Indian,No citizen of U. S. to settle on Indian lands. 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 tribesIndians recognise title of U.S. to certain described lands. 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 resume to settle upon the same, or any part of it.
ARTICLE VII. The post of Detroit, with a district beginning at the mouth of thePost at Detroit reserved. 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. ARTICLE VIII. In the same manner the post of Michillimachenac with its dependencies,Post at Michillimachenac reserved. and twelve miles square about the same, shall be reserved to the use of the United States.
ARTICLE IX. If any Indian or Indians shall commit a robbery or murder on anyRobbers and murderers to be delivered to U. S. 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. 18 TREATY WITH THE CHEROKEES. 1785. ARTICLE X. Goods to be distributed.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.
Treaty 7 Stat. 18 SEPARATE ARTICLE. Provision for certain Indians.It is agreed that the Delaware chiefs, Kelelamand or lieutenant-colonel Henry, Ilengue 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.
Geo. Clark, Richard Butler, Arthur Lee, Daunghquat, Abraham Kuhn, Ottawerreri, Hobocan, Walendightun, Talapoxio, Wingenum, Packelant, Gingewanno, Waanoos, Konalawassee, Shawnaqum, Quecookkis. Witnesses: Saml. J. Allee, Francis Johnston, Commissioners. Alexander Campbell, Jos. Harmar, Lieut. Col. Com’t. Alexander Lowrey. Joseph Nicholas, interpreter. I. Bradford. George Slaughter. Van Swearingen. John Boggs. G. Evans. D. Luckett. To the Indian names are subjoined a mark and seal.
November 23, 1785 Treaty 7 Stat. 18 ARTICLES Nov. 23, 1785.*Concluded at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan M’Intosh, Commissioners Plenipotentiary of the United States of America, of the one Part, and the Head-Men and Warriors of all the Cherokees of the other.* The Commissioners Plenipotentiary of the United States, in Congress assembled, give peace to all the Cherokees, and receive them into the favour and protection of the United States of America, on the following conditions:
ARTICLE I. Indians to restore all prisoners, &c.The Head-Men and Warriors of all the Cherokees shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty : They shall also restore all the Negroes, and ail other property taken during the late war from the citizens, to such person, and at such time and place, as the Commissioners shall appoint. ARTICLE II. U.S. to restore all prisoners.The Commissioners of the United States in Congress assembled, shall restore all the prisoners taken from the Indians, during the late war, to the Head-Men and Warriors of the Cherokees, as early as is practicable.
TREATY WITH THE CHEROKEES. 1785. 19 ARTICLE III. The said Indians for themselves and their respective tribes and townsCherokees acknowledge protection of U. S. do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever. ARTICLE IV. The boundary allotted to the Cherokees for their hunting grounds,Boundaries. between the said Indians and the citizens of the United States, within the limits of the United States of America, is, and shall be the following, viz.
Beginning at the mouth of Duck river, on the Tennessee; thence running north-east to the ridge dividing the waters running into Cumberland from those running into the Tennessee; thence eastwardly along the said ridge to a north-east line to be run, which shall strike the river Cumberland forty miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river; thence to Campbell’s line, near Cumberland gap ; thence to the mouth of Claud’s creek on Holstein ; thence to the Chimney-top mountain ; thence to Camp-creek, near the mouth of Big Limestone, on Nolichuckey ; thence a southerly course six miles to a mountain; thence south to the North-Carolina line; thence to the South-Carolina Indian boundary, and along the same south-west over the top of the Oconee mountain till it shall strike Tugaloo river ; thence a direct line to the top of the Currohee mountain; thence to the head of the south fork of Oconee river.
ARTICLE V. If any citizen of the United States, or other person not being anNo citizen of U. S. to settle on Indian lands. Indian, shall attempt to settle on any of the lands westward or southward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please:
Provided nevertheless, That this article shall not extend to the people settled between the fork of French Broad and Holstein rivers, whose particular situation shall be transmitted to the United States in Congress assembled for their decision thereon, which the Indians agree to abide by. ARTICLE VI. If any Indian or Indians, or person residing among them, or whoIndians to deliver up criminals. shall take refuge in their nation, shall commit a robbery, or murder, or other capital crime, on any citizen of the United States, or person under their protection, the nation, or the tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished according to the ordinances of the United States;
Provided, that the punishment shall not be greater than if the robbery or murder, or other capita] crime had been committed by a citizen on a citizen. ARTICLE VII. If any citizen of the United States, or person under their protection,Citizens of U. S. committing crimes against Indians to be punished. shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the murder or robbery, or other capital crime, had been committed on a citizen of the United States; and the punishment shall be in presence of some of the Cherokees, if any shall attend at the time and place, and that they may have an opportunity so to do, due notice of the time of such intended punishment shall be sent to some one of the tribes. 20 ARTICLE VIII.
Retaliation prohibited.It is understood that the punishment of the innocent under the idea of retaliation, is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty; and then it shall be preceded first by a demand of justice, and if refused, then by a declaration of hostilities. ARTICLE IX. U. S. to regulate trade.For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
ARTICLE X. Special provision for trade.Until the pleasure of Congress be known, respecting the ninth article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Cherokees to trade with them, and they shall be protected in tlieir persons and property, and kindly treated. ARTICLE XI. Indians to give notice of designs against U. S.The said Indians shall give notice to the citizens of the United States, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interest of the United States.
ARTICLE XII. Indians may send deputy to Congress.That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress. ARTICLE XIII. Peace ond friendship perpetual.The hatchet shall be forever buried, and the peace given by the United States, and friendship re-established between the said states on the one part, and all the Cherokees on the other, shall be universal ; and the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established.
In witness of all and every thing herein determined, between the United States of America, and all the Cherokees, We, their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed. Done at Hopewell, on the Keowee, this twenty-eighth of November, in the year of our Lord one thousand seven hundred and eighty-five. Benjamin Hawkins, Andw. Pickens, Jos. Martin, Lach’n M’Intosh, Koatohee, or Corn Tassel of Toquo, Scholauetta, or Hanging Man of Chota, Tuskegatahu, or Long Fellow of Chistohoe, Ooskwha, or Abraham of Chilkowa, Kolakusta, or Prince of Noth, Newota, or The Gritzs of Cbicamaga, Konatota, or the Rising Fawn of Highwassay, Tuckasee, or Young Tarrapin of Allajoy.
Tooslaka, or the Waker of Oostanawa, Untooia, or Gun Rod of Seteco, Unsuokansil, Buffalo White Calf New Cuffee. Kostayeak, or Sharp Fellow Wataga, Chonosta, of Cowe, Chescoonwho, Bird in close of Tomotlug, Tuckasee, or Tarrapin of Hightowa, Chesetoa, or the Rabbit of Tlacoa, Chesecotetona, or Yellow Bird of the Pine Log, Skelaloska, Second Man of Tillico, TREATY WITH THE CHOCTAWS. 1786. 21 Chokasatahe, Chickasaw Killer Tasonta, Onanoota, of Koosoatce, Oukoseta, or Sower Mush of Kooloque, Umatooetha, the Waler Hunter, Choikamawga, Wyuka, of Lookout Mountain, Tulco, or Tom of Chatuga, Will, of Akoha, Necatee, of Sawta, Amokontakona, Kutcloa, Kowetatahee, in Frog-Town, Keukuch, Talkoa, Tulatiska, of Chaway, Wonaluka, the Way-layer, Chota, Tatliusta, or Porpus of Tilassi, John, of Little Tallico, Skelelak, Akonoluchta, the Cabin, Cheanoka, of Kawetakac, Yellow Bird.
Witness:—Wm. Blount. Saml. Taylor, Major. John Owen. Jess Walton. Jno. Cowan, Capt. Commandant. Thos. Gegg. W. Hazzard. Sworn Interpreters, James Madison, Arthur Coodey. To the Indian names are subjoined a mark and seal. January 3, 1786 Treaty 7 Stat. 21 ARTICLES OF A TREATY *Concluded at Hopewell, on the Keowee, near Seneca Old Town,Jan. 3, 1786. between Benjamin Hawkins, Andrew Pickens and Joseph Martin, Commissioners Plenipotentiary of the United States of America, of the one part ; and Yockonahoma, great Medal Chief of Soonacoha ;
Yockehoopoie, leading Chief of Bugtoogoloo ; Mingohoopoie, leading Chief of Hashooqua ; Tobocoh, great Medal Chief of Congetoo ; Pooshemastubie, Gorget Captain of Senayazo ; and thirteen small Medal Chiefs of the first Class, twelve Medal and Gorget Captains, Commissioners Plenipotentiary of all the Choctaw Nation, of the other part.* The Commissioners Plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favour and protection of the United States of America, on the following conditions :
ARTICLE I. The Commissioners Plenipotentiary of all the Choctaw nation, shallIndians to restore prisoners. restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty, if any there be in the Choctaw nation. They shall also restore all the negroes, and all other property taken during the late war, from the citizens, to such person, and at such time and place as the Commissioners of the United States of America shall appoint, if any there be in the Choctaw nation.
ARTICLE II. The Commissioners Plenipotentiary of all the Choctaw nation, doThey acknowledge the protection of U.S. hereby acknowledge the tribes and towns of the said nation, and the lands within the boundary allotted to the said Indians to live and hunt on, as mentioned in the third article, to be under the protection of the United States of America, and of no other sovereign whosoever. ARTICLE III. The boundary of the lands hereby allotted to the Choctaw nation toBoundaries. live and hunt on, within the limits of the United States of America, is and shall be the following, viz.
Beginning at a point on the thirty-first degree of north latitude, where the Eastern boundary of the Natches 22TREATY WITH THE CHOCTAWS. 1786. district shall touch the same; thence east along the said thirty-first degree of north latitude, being the southern boundary of the United States of America, untill it shall strike the eastern boundary of the lands on which the Indians of the said nation did live and hunt on the twenty-ninth of November, one thousand seven hundred and eighty-two, while they were under the protection of the King of Great-Britain ; thence northerly along the said eastern boundary, untill it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary, untill it shall meet the western boundary thereof; thence southerly along the same to the beginning: saving and reserving for the establishment of trading posts, three tracts or parcels of land of six miles square each, at such places as the United [States] in Congress assembled shall think proper ; which posts, and the lands annexed to them, shall be to the use and under the government of the United States of America.
ARTICLE IV. No citizen of U. S. shall settle on Indian lands.If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands hereby allotted to the Indians to live and hunt on, such person shall forfeit the protection of the United States of America, and the Indians may punish him or not as they please. ARTICLE V. Indians to deliver up criminals.If any Indian or Indians, or persons, residing among them, or who shall take refuge in their nation, shall commit a robbery or murder or other capital crime on any citizen of the United States of America, or person under their protection, the tribe to which such offender may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled :
Provided, that the punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen. ARTICLE VI. Citizens of U. S. committing crimes against Indians to be punished.If any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the punishment shall be in presence of some of the Choctaws, if any will attend at the time and place ; and that they may have an opportunity so to do, due notice, if practicable, of the time of such intended punishment, shall be sent to some one of the tribes.
ARTICLE VII. Retaliation restrained.It is understood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty ; and then it shah be preceded, first by a demand of justice, and if refused, then by a declaration of hostilities. ARTICLE VIII. U. S. to regulate trade.For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
ARTICLE IX. Special provision for trade.Untill the pleasure of Congress be known, respecting the eighth article, all traders, citizens of the United States of America, shall have23 liberty to go to any of the tribes or towns of the Choctaws, to trade with them, and they shall be protected in their persons and property, and kindly treated. ARTICLE X. The said Indians shall give notice to the citizens of the United StatesIndians to give notice of designs against U. S. of America, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interest of the United States of America, ARTICLE XI.
The hatchet shall be forever buried, and the peace given by the UnitedPeace and friendship perpetual. States of America, and friendship re-established between the said states on the one part, and all the Choctaw nation on the other part, shall be universal ; and the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established. In witness of all and every thing herein determined, between the United States of America and all the Choctaws, we, their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed.
Done at Hopewell, on the Keowee, this third day of January, in the year of our Lord one thousand seven hundred and eighty-six. Benjamin Hawkins, Andw. Pickens, Jos. Martin, Yockenahoma, Yockehoopoie, Mingohoopoie, Tobocoh, Pooshemastuby, Pooshahooma, Tuscoonoohoopoie, Shinshemastuby, Yoopakooma, Stoonokoohoopoie, Tebakuhbay, Pooshemastuby, Tuskkahoomoch, Tushkahoomoch, Yoostenochha, Tootchooma, Toobenohoomoch, Cshecoopoohoomoch, Slonakoohoopoie, Tushkoheegohba, Teshuhenochloch, Pooshonaltla, Okanconnooba, Autoonachuba, Pangokooloch, Steabee, Tenotehenna, Tushkementahoch, Tushtalla, Cahuaangchabba, Cunnopoie.
Witness:—Wm. Blount, John Woods, Saml. Taylor, Robert Anderson, Benj. Lawrence, John Pitchlynn, James Cole, Interpreters. To the Indian names are subjoined a mark and seal. January 10, 1786 Treaty 7 Stat. 24 ARTICLES OF A TREATY, Jan. 10, 1786.*Concluded at Hopewell, on the Keowée, near Seneca Old Town, between Benjamin Hawkins, Andrew Pickens, and Joseph Martin , Commissioners Plenipotentiary of the United States of America, of the one Part ; and Piomingo, Head Warrior and First Minister of the Chickasaw Mation ;
Mingatushka, one of the leading Chiefs; and Latopoia, first beloved Man of the said Malian, Commissioners Plenipotentiary of all the Chickasaws of the other Part.* The Commissioners Plenipotentiary of the United States of America give peace to the Chickasaw Nation, and receive them into the favour and protection of the said States, on the following conditions ; ARTICLE I. Indians tn restore prisoners and property.The Commissioners Plenipotentiary of the Chickasaw nation, shall restorq all the prisoners, citizens of the United States, to their entire liberty, if any there be in the Chickasaw nation.
They shall also restore all the negroes, and all other property taken during the late war, from the citizens, if any there be in the Chickasaw nation, to such person, and at such time and place, as the Commissioners of the United States of America shall appoint. ARTICLE II. Acknowledge protection of United States.The Commissioners Plenipotentiary of the Chickasaws, do hereby acknowledge the tribes and the towns of the Chickasaw nation, to be under the protection of the United States of America, and of no other sovereign whosoever.
ARTICLE III. Boundaries.The boundary of the lands hereby allotted to the Chickasaw nation to live and hunt on, within the limits of the United States of America, is, and shall be the following, viz. Beginning on the ridge that divides the waters running into the Cumberland, from those running into the Tenessee, at a point in a line to be run north-east, which shall strike the Tenessee, at the mouth of Duck river; thence running westerly along the said ridge, till it shall strike the Ohio; thence down the southern banks thereof to the Missisippi ; thence down the same, to the Choctaw line or Natches district ; thence along the said line, or the line of the district eastwardly as far as the Chickasaws claimed, and lived and hunted on, the twenty-ninth of November, one thousand seven hundred and eighty-two.
Thence the said boundary, eastwardly, shall be the lands allotted to the Choctaws and Cherokees to live and hunt on, and the lands at present in the possession of the Creeks; saving and reserving for the establishment of a trading post, a tract or parcel of land to be laid out at the lower port of the Muscle shoals, at the mouth of Ocochappo, in a circle, the diameter of which shall be five miles on the**The name of the river is not in the original. river, which post, and the lands annexed thereto, shall be to the use and under the government of the United States of America. 24 TREATY WITH THE CHICKASAWS. 1786. 25 ARTICLE IV.
If any citizen of the United States, or other person not being anNo citizen of U.S. shall settle on Indian lands. Indian, shall attempt to settle on any of the lands hereby allotted to the Chickasaws to live and hunt on, such person shall forfeit the protection of the United States of America, and the Chickasaws may punish him or not as they please. ARTICLE V. If any Indian or Indians, or persons residing among them, or whoIndians to deliver up criminals. shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any citizen of the United States, or person under their protection, the tribe to which such offender or offenders may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled :
Provided, that the punishment shall not be greater, than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen. ARTICLE VI. If any citizen of the United States of America, or person underCitizens of U. S. committing crimes against Indians to be punished. their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the robbery or murder or other capital crime had been committed on a citizen of the United States of America; and the punishment shall be in presence of some of the Chickasaws, if any will attend at the time and place, and that they may have an opportunity so to do, due notice, if practicable, of such intended punishment, shall be sent to some one of the tribes.
ARTICLE VII. It is understood that the punishment of the innocent under the ideaRetaliation restrained. of retaliation is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, first by a demand of justice, and if refused, then by a declaration of hostilities. ARTICLE VIII. For the benefit and comfort of the Indians, and for the prevention ofU. S. to regulate trade. injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
ARTICLE IX Untill the pleasure of Congress be known respecting the eighthSpecial provision for trade. article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Chickasaws to trade with them, and they shall be protected in their persons and property, and kindly treated. ARTICLE X. The said Indians shall give notice to the citizens of the United StatesIndians to give notice of designs against U.S. of America, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interests of the United States of America.
ARTICLE XI. The hatchet shall be forever buried, and the peace given by thePeace and friendship perpetual. United States of America, and friendship re-established between the said States on the one part, and the Chickasaw nation on the other part, shall be universal ; and the contracting parties shall use their utmost26TREATY WITH THE SHAWNEES. 1786. endeavours to maintain the peace given as aforesaid, and friendship re-established. In witness of all and every thing herein contained, between the said States and Chickasaws, we, their under-written Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed.
Done at Hopewell, on the Keowee, this tenth day of January, in the Year of our Lord, one thousand seven hundred and eighty-six. Benjamin Hawkins, Andw. Pickens, Jos. Martin, Piomingo, Mingatushka, Latopoia. Witness:—Wm. Blount, Wm. Hazzard, Sam. Taylor. James Cole, Sworn Interpreter. To the Indian names are subjoined a mark and anal. January 31, 1786 Treaty 7 Stat. 26 ARTICLES OF A TREATY Jan. 31, 1786.*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 the Commissioners Plenipotentiary of the United Slates of America, of the one Part, and the Chiefs and Warriors of the Shawanoe Nation, of the other Part.* ARTICLE I.
Hostages delivered till prisoners are restored.Three hostages shall be immediately delivered to the Commissioners, to remain in the possession of the United States untill 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. ARTICLE II. Indians acknowledge the right of U. S. to territory ceded by Gr. Britain.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.
ARTICLE III. To deliver up criminals.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 under their protection, shall be punished according to the laws of the United States.
ARTICLE IV. To give notice of designs against U. S.The Shawanoe nation having knowledge of the intention of any nation or body of Indians to make war on the citizens of the United27 States, or of their counselling together for that purpose, and neglecting to give information thereof to the commanding officer of the nearest post of the United States, shall be considered asparties in such war, and be punished accordingly : and the United States shall in like manner inform the Shawanoes of any injury designed against them.
ARTICLE V. The United States do grant peace to the Shawanoe nation, and doU. S. to give peace to the Shawanoe nation. receive them into their friendship and protection, ARTICLE VI. The United States do allot to the Shawanoe nation, lands within theirAllot to them certain lands. territory to live and hunt upon, beginning at the south line of the lands allotted to the Wiandots and Delaware nations, at the place where the main branch of the Great Miami, which falls into the Ohio, intersects said line ; then down the river Miami, to the fork of that river, next below the old fort which was taken by the French in one thousand seven hundred and fifty-two ; thence due west to the river de la Panse ; then down that river to the river Wabash, beyond which lines none of the citizens of the United States shall settle, nor disturb the Shawanoes in their settlement and possessions; and the Shawanoes do relinquish to the United States, all title, or pretence of title, they ever had to the lands east, west and south, of the east, west and south lines before described.
ARTICLE VII. If any citizen or citizens of the United States, shall presume to settleNo citizen of U.S. to scute on Indian lands. upon the lands allotted to the Shawanoes by this treaty, he or they shall be put out of the protection of the United States. In testimony whereof, the parties hereunto have affixed their hands and seals, the day and year first above-mentioned. G. Clark, Richd. Butter, Kami. H. Parsons, Aweecony, Kakawipilathy, Malunthy, Musquauconocah, Meanymsecah, Waupaucowela, Nihipeewa, Nihinessicoe, Attest :
Alexander Campbell, Sec’ry Commissioners. WITNESSES : W. Finney, Maj. B. B. Thos. Doyle, Capt. B. B. Nathan M’Dowell, Ensign, John Saffenger, Henry Govy, Kagy Calloway, John Boggs, Sam. Montgomery, Daniel Elliot, James Rinker, Nathl. Smith, Joseph Suffrein, or Kemepomo Shawno, Isaac Zane, (Wiandot) The Half King of the Wiandots, The Crane of the Wiandots, Capt. Pipe, of the Delawares, Capt. Bohongeholas, Tetebockshicha, The Big Cat of the Delawares, Pierre Droullar. To the Indian names are subjoined a mark end seal.
January 9, 1789 Treaty 7 Stat. 28 ARTICLES OF A TREATY Jan. 9, 1789.Proclamation of the President of the U. S., stating that the treaty had been duly ratified, Sept. 27, 1789.*Made at Fort Harmar, between Arthur St. Clair, Governor of the Territory of the United States NorthWest of the Hiver 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.
Two persons as hostages to be retained by U. S. until certain prisoners are restored.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 Wiandot, Delaware, Ottawa and Chippewa nations, at Fort 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 Wyandots, Ante, p, 16.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 Slates 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. Boundary line formerly fixed, renewed and confirmed.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 the28 TREATY WITH THE WYANDOTS, ETC. 1789.29said 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,Lands ceded to U. S. 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 andU.S. quit-claim to certain lands. Indians not at liberty to dispose of said ands, except, &c. 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, thatIndians at liberty to hunt on territory ceded tu U. S. the individuals of said nations shall be at liberty to hunt within the territory ceded to the United States, without hindrance or molestation, so Jong ns 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,Individuals of one party committing murder or robbery on the other, to be delivered up for trial. 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 Jaws 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,Persons to be severely punished for stealing horses ; which may be reclaimed by the party to whom they belong. 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 the30 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 ouvert, 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 to be opened with the Indians; and protection afforded to those licensed to reside among them.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 licence 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 sea! of one of his deputies for the management of Indian affairs; to the end that Persons intruding without license to be apprehended and given up.they may not be imposed upon in their traffick.
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 licences, 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. Notice to be given of war or harm known to he meditated against either party.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 endeavour 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. No citizen of U.S. shall settle on Indian lands.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. Reservations by U. S. for trading posts.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 the31 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 mouthThe post at Detroit, &c. reserved. 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,The post at Michilimackinac, &c. reserved. 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 thePeace and friendship renewed and confirmed. 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 friendshipThe nations of Pattiwatimas and Sacs taken into protection of U.
S. 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,Boundary line further explained. 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. Ar. St Clair, Peoutewatamie, Konatikina. *Sacs.* Tepakee, Kesheyiva, *Chipeways,* Mesass, Paushquash, Pavrasicko. *Ottawas*. Wewiskia, Neagoy. *Peoutewatamies*. Windigo, Wapaskea, Nequea. *Delawares*. Captain Pipe, Wingenond, 32 Pekelan, Teataway. *Chipeways.* Nanamakeak, Welenasa, Seskene, Pewanakum. *Wyandots.* Teyandal’on Tec, Cheyawe, Doueycnteat, Tarhe, Terhataw, Datasay, Maudoronk, Skahomat. in presence of Jos.
Karmar, Lt. Col. Comt. 1st U. S. Regt, and Brigr. Genl, by Brevet ; Richard Buller; Jno. Gibson; Will. Mc.Curdey ; Capt, E. Denny, Eos. 1st U. S. Regt. ; A. Hartshorn, Ena. ; Robt. Thompson, Ens. 1st U.S. Regt.; Frans. L use, En s. ; J. Williams, jun.; Win. Wilson; Joseph Nicholas ; James Rinken. To the Indian names are subjoined a seal. Wyandots will dispossess the Shawaneae, if the latter will not be at peace.*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 nt 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. Two Wyandot villages within the reservations not to be disturbed.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. In case of robbery or murder, the offender to be delivered up, &c.Should a robbery or murder be committed by an Indian or Indians of the said nations upon the citizens or subjects of the United Slates 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 or 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 auy of the United States. AR. ST. CLAIR. January 9, 1789 Treaty 7 Stat. 33 ARTICLES OF A TREATY *Made at fort Harmar, the ninth day of January, in the year ofJan. 9, 1789. our Lord one thousand seven hundred and eighty-nine, between Arthur St.
Clair, esquire, governor of the territory of the United Slates of America, north-west of the river Ohio, and commissioner plenipotentiary of the said United States, for removing all causes of controversy, regulating trade, and settling boundaries, between the Indian nations in the northern department and the said United States, of the one part, and the sachems and warriors of the Six Nations, of the other part :* Art. 1. Whereas the United States, in congress assembled, did, byReference to the treaty of fort Stanwix. their commissioners, Oliver Wolcott, Richard Butler, and Arthur Lee, esquires, duly appointed for that purpose, at a treaty held with the said Six Nations, viz : with the Mohawks, Oneidas, Onondagas, Tuscaroras,Ante, p. 15.
Cayugas, and Senekas, at fort Stanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, give peace to the said nations, and receive them into their friendship and protection: And whereas the said nations have now agreed to and with the saidRenewal of engagements. Arthur St. Clair, to renew and confirm all the engagements and stipulations entered into at the beforementioned treaty at fort Stanwix : and whereas it was then and there agreed, between the United States of America and the said Six Nations, that a boundary line should be fixed between the lands of the said Six Nations and the territory of the said United States, which boundary line is as follows, viz :
Beginning at the mouth of a creek, about four miles east of Niagara, called Ononwayea, 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 place, between lake Erie and lake Ontario, to the mouth of Tehoseroton, or Buffalo creek, upon lake Erie ; thence south, to the northern 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 Ononwayea 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 claim to the country west of the said boundary; and then they shall be secured in the possession of the lands they inhabit east, north, and south of the same, reserving only six miles square, round the fort of Oswego, for the support of the same. The said Six Nations, except the Mohawks, noneThe Mohawks excepted. of whom have attended at this time, for and in consideration of the peace then granted to them, the presents they then received, as well hs in consideration of a quantity of goods, to the value of three thousand dollars, now delivered to them by tire said Arthur St.
Clair, the receipt whereof they do hereby acknowledge, do hereby renew and confirm the said boundary line in the words beforementioned, to the end that it mayOld boundary confirmed. be and remain as a division line between the lands of the said Six Nations and the territory of the United States, forever. And the undersignedLands west of said line ceded for ever to U.S. Indians, as well in their own names as in the name of their respective tribes and nations, their heirs and descendants, for the considerations beforementioned, do release, quit claim, relinquish, and cede, to the United States of America, all the lands west of the said boundary or division line, and between the said line and the strait, from the mouth3334 TREATY WITH THE SIX NATIONS. 1789. of Ononwayea and Buffalo creek, for them, the said United States of America, to have and to hold the same, in true and absolute propriety, forever.
Art. 2. Certain lands continued to the Six Nations, except, &c.The United States of America confirm to the Six Nations, all the lands which they inhabit, lying east and north of the before mentioned boundary line, and relinquish and quit claim to the same and every part thereof, excepting only six miles square round the fort of Oswego, which six miles square round said fort is again reserved to the United States by these presents. Art. 3. Lands of Oneidas and Tuscaroras confirmed to them anew.The Oneida and Tuscarora nations, are also again secured and confirmed in the possession of their respective lands.
Art. 4. Peace and friendship renewed.Mohawks allowed 6 months to assent.The United States of America renew and confirm the peace and friendship entered into with the Six Nations, (except the Mohawks,) at the treaty before mentioned, held at fort Stanwix, declaring the same to be perpetual. And if the Mohawks shall, within six months, declare their assent to the same, they shall be considered as included. Done at fort Harmar, on the Muskingum, the day and year first above written.
In witness whereof, the parties have hereunto, interchangeably, set their hands and seals. Ar. St. Clair, Cageaga, or Dogs Round the Fire, Sawedowa, or The Blast, Kiondushows, or Swimming Fish, Oncahye, or Dancing Feather, Sohacas, or Falling Mountain, Otachsaka, or Broken Tomahawk, Tekahias, or Long Tree, Onechsetee, or Loaded Man, Kiatulaho, or Snake, Aqneia, or Bandy Logs, Kiandogewa, or Big Tree, Oweuewa, or Thrown in the Water, Gyantwaia, or Cornplanter, Gyasota, or Big Cross, Kanassee, or New Arrow, Achiout, or Half Town, Anachout, or the Wasp, Chishekoa, or Wood Bug, Sesscwa, or Big Bale of a Kettle, Sciahowa, or Council Keeper, Tewanias, or Broken Twig, Sunachshowa, or Full Moon, Cachunwasse, or Twenty Canoes, Hiekonquash, or Tearing Asunder. in presence of Jos.
Harmar, Lieut. Col. comdg. 1st United States’ regt. and Brig. Gen. by brevet. Richard Butler. Jno. Gibson. Will, M’Curdy, Captain. Ed. Denny, Ensign 1st United States’ regiment. A. Hartshorn, Ensign. Robt. Thompson, Ensign 1st United States’ regiment. Fran. Leile, Ensign. Josep Nicholas. SEPARATE ARTICLE. Robberies and murders to be punished according to the law, &c.Should a robbery or murder be committed by an Indian or Indians of the Six Nations, upon the citizens or subjects of the United States, or by the citizens or subjects of the United States, or any of them, upon any of the 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 Stolen horses to be restored.may be, where the same was committed.
And should any horses be stolen, either by the Indians of the said nations, from the citizens or subjects of the United States, or any of them, or by any of the said citizens or 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 sale in open market notwithstanding ; andTREATY WITH THE CREEKS. 1790.35 the persons convicted shall be punished with the utmost severity the laws will admit.
And the said nations engage to deliver the personsOffenders to be delivered up. that may be accused, of their nations, of either of the beforementioned 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 state, if it shall have happened within any of the United States. AR. ST. CLAIR. To the Indian names are subjoined a mark and seal. August 7, 1790 Treaty 7 Stat. 35 A TREATY OF PEACE AND FRIENDSHIP Aug. 7, 1790.Proclamation, Aug. 13, 1790.*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 under-signed Kings, Chiefs and Warriors, representing the said nation, have agreed to the following articles. ARTICLE I. There shall be perpetual peace and friendship between all the citizensPeace and friendship perpetual. of the United States of America, and all the individuals, towns and tribes of the Upper, Middle and Lower Creeks and Semanolies composing the Creek nation of Indians.
ARTICLE II. The undersigned Kings, Chiefs and Warriors, for themselves and allIndians acknowledge protection of U. S. 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.
ARTICLE III. The Creek Nation shall deliver as soon as practicable to the commandingPrisoners to be restored. 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 first day of June ensuing, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners and negroes. 36 TREATY WITH THE CREEKS 1790.
ARTICLE IV. Boundaries.The boundary between the citizens of the United States and the Creek Nation is, and shall be, from where the old line strikes the river Savannah ; thence up the said river to a place on the most northern branch of the same, commonly called the Keowee, where a north-east line to be drawn from the top of the Occunna mountain shall intersect; thence along the said line in a south-west direction to Tugelo river; thence to the top of the Cttrrahee mountain; thence to the head or source of the main south branch of the Oconee river, called the Appalachee ; thence down the middle of the said main south branch and river Oconee, to its confluence with the Oakmulgee, which form the river Altamaha ; and thence down the middle of the said Altamaha to the old line on the said river, and thence along the said old line to the river St.
Mary’s. And in order to preclude forever all disputes relatively to the head or source of the main south branch of the river Oconee, at the place where it shall be intersected by the line aforesaid, from the Currahee mountain, the same shall be ascertained by an able surveyor on the part of the United States, who shall be assisted by three old citizens of Georgia, who may be appointed by the Governor of the said state, and three old Creek chiefs, to be appointed by the said nation ; and the said surveyor, “citizens” and chiefs shall assemble for this purpose, on the first day of October, one thousand seven hundred and ninety-one, at the Rock Landing on the said river Oconee, and thence proceed to ascertain the said head or source of the main south branch of the said river, at the place where it shall be intersected by the line aforesaid, to be drawn from the Currahee mountain.
And in order that the said boundary shall be rendered distinct and well known, it shall be marked by a line of felled trees at least twenty feet wide, and the trees chopped on each side from the said Currahee mountain, to the head or source of the said main south branch of the Oconee river, and thence down the margin of the said main south branch and river Oconee for the distance of twenty miles, or as much farther as may be necessary to mark distinctly the said boundary. And in order to extinguish forever all claims of the Creek nation, or any part thereof, to any of the land lying to the northward and eastward of the boundary herein described, it is hereby agreed, in addition to the considerations heretofore made for the said land, that the United States will cause certain valuable Indian goods now in the state of Georgia, to be delivered to the said Creek nation ; and the said United States will also cause the sum of one thousand and five hundred dollars to be paid annually to the said Creek nation.
And the undersigned Kings, Chiefs and Warriors, do hereby for themselves and the whole Creek nation, their heirs and descendants, for the considerations above-mentioned, release, quit claim, relinquish and cede, all the land to the northward and eastward of the boundary herein described. ARTICLE V. Guarantee.The United States solemnly guarantee to the Creek Nation, all their lands within the limits of the United States to the westward and southward of the boundary described in the preceding article.
ARTICLE VI. No citizen of U. S. to settle on Indian lands.If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the Creeks lands, such person shall forfeit the protection of the United States, and the Creeks may punish him or not, as they please. 37 ARTICLE VII. No citizen or inhabitant of the United States shall attempt to huntNor hunt on the same. or destroy the game on the Creek lands: Nor shall any such citizen or inhabitant go into the Creek country, without a passport first obtained from the Governor of some one of the United States, or the officer of the troops of the United States commanding at the nearest military post on the frontiers, or such other person as the President of the United States may, from time to time, authorize to grant the same.
ARTICLE VIII. If any Creek Indian or Indians, or person residing among them, orIndians to deliver up criminals. who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any of the citizens or inhabitants of the United States, the Creek nation, or town, or tribe to which such offender or offenders may belong, shah be bound to deliver him or them up, to be punished according to the laws of the United States. ARTICLE IX. If any citizen or inhabitant of the United States, or of either of theCitizens of U.
S. committing crimes against Indians to be punished. territorial districts of the United States, shall go into any town, settlement or territory belonging to the Creek nation of Indians, and shall there commit any crime upon, or trespass against the person or property of any peaceable and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders shall be subject to the same punishment, and shall be proceeded against in the same manner, as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.
ARTICLE X. In cases of violence on the persons or property of the individuals ofRetaliation restrained. either party, neither retaliation nor reprisal shall be committed by the other, until satisfaction shall have been demanded of the party, of which the aggressor is, and shall have been refused. ARTICLE XI. The Creeks shall give notice to the citizens of the United States ofIndians to give notice of designs against U. S. any designs, which they may know or suspect to be formed in any neighbouring tribe, or by any person whatever, against the peace and interests of the United States.
ARTICLE XII. That the Creek nation may be led to a greater degree of civilization,U. S. to make presents to them. and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful domestic animals and implements of husbandry. And further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, and not exceeding four in number, who shall qualify themselves to act as interpreters.
These persons shall have lands assigned them by the Creeks for cultivation, for themselves and their successors in office; but they shall be precluded exercising any kind of traffic. 38 ARTICLE XIII. Animosities to cease. All animosities for past grievances shall henceforth cease; and the contracting parties will carry the foregoing treaty into full execution, with all good faith and sincerity. ARTICLE XIV. Ratification.This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States.
In witness of all and every thing herein determined, between the United States of America and the whole Creek nation, the parties have hereunto set their hands and seals, in the city of New York, within the United States, this seventh day of August, one thousand seven hundred and ninety. In behalf of the United States, H. KNOX, Secretary of War, and sole Commissioner for treating with the Creek Nation of Indians, In behalf of themselves and the whole Creek Nation of Indians, ALEXANDER M’GILLIVRAY *Cusetahs.* Fuskatche Mico, or Birdtail King, Neathlock, or Second Man, Hailetemalthle, or Blue Giver. *Little Tallisee.* Opay Mico, or the Singer, Totkeshajou, or Samoniac. *Big Tallisee.* Hopotho Mico, or Tallisee King, Opototache, or Long Side. *Tuckabatchy.* Soholessce, or Young Second Man, Ochcehajou, or Aleck Cornel. *Natches.* Chinabie, or the Great Natches Warrior, Natsowachehee, or the Great Natches Warrior’s Brother, Thakoteehee, or the Mole, Oquakabee. *Cowetas.* Tuskenaah, or Big Lieutenant, Homatah, or Leader, Chinnabic, or Matthews, Juleetaulematha, or Pry Pine. *Of the Broken Arrow.* Chawockly Mico. *Coosades.* Coosades Hopoy, or the Measurer, Muthtee, the Misser, Stimafutchkee, or Good Humour. *Alabama Chief,* Stilnalceje, or Disputer. *Oaksoys,* Mumagechee, David Francis. done in the presence of Richard Morris, Chief Justice of the state of New-York.
Richard Varick, Mayor of the city of New-York. Marinus Willet Thomas Lee Shippen, of Pennsylvania. John Rutledge, jun. Joseph Alien Smith. Henry Izard. Joseph Cornell, Interpreter. To the Indian canes are subjoined a mark and seal. July 2, 1791 Treaty 7 Stat. 39 A TREATY OF PEACE AND FRIENDSHIP *Made and concluded between the President of the United StatesJuly 2, 1791.Proclamation, Feb. 7, 1792. of America, on the Part and Behalf of the said States, and the undersigned Chiefs and Warriors of the Cherokee 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 Cherokee 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 William Blount, Governor of the territory of the United States of America, south of the river Ohio, and Superintendant of Indian affairs for the southern district, who is vested with full powers for these purposes, by and with the advice and consent of the Senate of the United States : And the Cherokee Nation, by the undersigned Chiefs and Warriors representing the said nation, have agreed to the following articles, namely : ARTICLE I. There shall be perpetual peace and friendship between all the citizensPeace and friendship perpetual. of the United States of America, and all the individuals composing the whole Cherokee nation of Indians.
ARTICLE II. The undersigned Chiefs and Warriors, for themselves and all partsIndians acknowledge protection of U. S. of the Cherokee nation, do acknowledge themselves and the said Cherokee 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 Cherokee nation will not hold any treaty with any foreign power, individual state, or with individuals of any state. ARTICLE III. The Cherokee nation shall deliver to the Governor of the territoryPrisoners to be restored. of the United States of America, south of the river Ohio, on or before the first day of April next, at this place, all persons who are now prisoners, captured by them from any part of the United States :
And the United States shall on or before the same day, and at the same place, restore to the Cherokees, all the prisoners now in captivity, which the citizens of the United States have captured from them. ARTICLE IV. The boundary between the citizens of the United States and theEoundaries Cherokee nation, is and shall be as follows: Beginning at the top of the Currahee mountain, where the Creek line passes it; thence a direct line to Tugelo river; thence north east to the Occunna mountain, and over the same along the South-Carolina Indian boundary to the North-Carolina boundary; thence north to a point from which a line is to be extended to the river Clinch, that shall pass the Holston at the ridge which divides the waters running into Little River from those running into the Tennessee ; thence up the river Clinch to Campbell’s line, and along the same to the top of Cumberland mountain ; thence a direct3940TREATY WITH THE CHEROKEES. 1791. line to the Cumberland river where the Kentucky road crosses it ; thence down the Cumberland river to a point from which a south west line will strike the ridge which divides the waters of Cumberland from those of Duck river, forty miles above Nashville; thence down the said ridge to a point from whence a south west line will strike the mouth of Duck river.
And in order to preclude forever all disputes relative to the said boundary, the same shall be ascertained, and marked plainly by three persons appointed on the part of the United States, and three Cherokees on the part of their nation. And in order to extinguish forever all claims of the Cherokee nation, or any part thereof, to any of the land lying to the right of the line above described, beginning as aforesaid at the Currabee mountain, it is hereby agreed, that in addition to the consideration heretofore made for the said land, the United States will cause certain valuable goods, to be immediately delivered to the undersigned Chiefs and Warriors, for the use of their nation ; and the said United States will also cause the sum of one thousand dollars to be paid annually to the said Cherokee nation.
And the undersigned Chiefs and Warriors, do hereby for themselves and the whole Cherokee nation, their heirs and descendants, for the considerations above-mentioned, release, quit-claim, relinquish and cede, all the land to the right of the line described, and beginning as aforesaid. ARTICLE V. Stipulation for a road.It is stipulated and agreed, that the citizens and inhabitants of the United States, shall have a free and unmolested use of a road from Washington district to Mero district, and of the navigation of the Tennessee river.
ARTICLE VI. U. S. to regulate trade.It is agreed on the part of the Cherokees, that the United States shall have the sole and exclusive right of regulating their trade. ARTICLE VII. Guarantee.The United States solemnly guarantee to the Cherokee nation, all their lands not hereby ceded. ARTICLE VIII. No citizen to settle on Indian lands.If any citizen of the United States, or other person not being an Indian, shall settle on any of the Cherokees’ lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please.
ARTICLE IX. Nor hunt on the same.No citizen or inhabitant of the United States, shall attempt to hunt or destroy the game on the lands of the Cherokees ; nor shall any citizen or inhabitant go into the Cherokee country, without a passport first obtained from the Governor of some one of the United States, or territorial districts, or such other person as the President of lift United States may from time to time authorize to grant the same. ARTICLE X. Indians to deliver up criminals.If any Cherokee Indian or Indians, or person residing among them, or who shall take refuge in their nation, shall steal a horse from, or commit a robbery or murder, or other capital crime, on any citizens or inhabitants of the United States, the Cherokee nation shall be bound to deliver him or them up, to be punished according to the laws of the United States. 41 ARTICLE XI.
If any citizen or inhabitant of the United States, or of either of theCitizens of U. S. committing; crimes in Indian territory to be punished. territorial districts of the United States, shall go into any town, settlement or territory belonging to the Cherokees, and shall there commit any crime upon, or trespass against the person or property of any peaceable and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders, shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.
ARTICLE XII. In case of violence on the persons or property of the individuals ofRetaliation restrained. either party, neither retaliation or reprisal shall be committed by the other, until satisfaction shall have been demanded of the party of which the aggressor is, and shall have been refused. ARTICLE XIII. The Cherokees shall give notice to the citizens of the United States,Cherokees to give notice of designs against U.S. of any designs which they may know, or suspect to be formed in any neighbouring tribe, or by any person whatever, against the peace and interest of the United States.
ARTICLE XIV. That the Cherokee nation may be led to a greater degree of civilization,U.S. to make presents. and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful implements of husbandry, and further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, not exceeding four in number, who shall qualify themselves to act as interpreters.
These persons shall have lands assigned by the Cherokees for cultivation for themselves and their successors in office ; but they shall be precluded exercising any kind of traffic. ARTICLE XV. All animosities for past grievances shall henceforth cease, and theAnimosities to cease. contracting parties will carry the foregoing treaty into full execution with all good faith and sincerity. ARTICLE XVI. This treaty shall take effect and be obligatory on the contractingRatification. parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States.
In witness of all and every thing herein determined between the United States of America and the whole Cherokee nation, the parties have hereunto set their hands and seals, at the Treaty Ground on the bank of the Holston, near the mouth of the French42 Broad, within the United States, this second day of July, in the year of our Lord, one thousand seven hundred and ninety-one. WILLIAM BLOUNT, (l. s.) Governor in and over the Territory of the United States of America, south of the River Ohio, and Superintendent of Indian Affairs for the Southern District.
Chuleoah, or the Boots, Squollecultah, or Hanging Man, Occuuna, or the Badger, Enoleh, or Black Fox, Nontuaka, or the Northward, Tekakiska, Chutloh, or King Fisher, Tuckaseh, or Tarrapin, Katch, Kunuochatutloh, or the Crane, Cauquillehanah, or the Thigh, Chesquolteloneh, or Yellow Bird, Chickasawtehc, or Chickasaw Killer, Tuskegatehe, or Tuskega Killer, Kulsatehe, Tinkshalene, Sawuttch, or Slave Catcher, Aukuah, Oosenalch, Kenotetah, or Rising Fawn, Kanetetoka, or Standing Turkey, Yonewatleh, or Bear at home, Long Will, Kunoskeskie, or John Watts, Nenetooyah, or Bloody Fellow, Chuquilatague, or Bouble-Head, Koolaquah, or Big Acorn, Toowayelloh, or Bold Hunter, Jahle-oonoychka, or Middle Striker, Kinnesah, or Cabin, Tullotehe, or Two Killer, Koulousko, or Stopt Still, Kulsatehe, Auquotague, the Little Turkey’s Son, Talohteske, or Upsetter, Cheakoneske, or Otter Lifter, Keshukaune, or She Reigns, Toonaunailoh, Teesteke, or Common Disturber, Robin M’Clemore, Skyuka, John Thompson, Interpreter, James Cery, Interpreter, done in presence of Daniel Smith, Secretary of the Territory of the United States, south of the River Ohio.
Thomas Kennedy, of Kaintuckey. James Robertson, of Mero District. Claiborne Watkins, of Virginia. Jno. M. Whitney, of Georgia.—Fauche, of Georgia. Titus Ogden, of North-Carolina. John Chisolm, of Washinton District. Robert King. Thomas Gegg. To the Indian names are suhioiood a mark and seal. February 17, 1792 Treaty 7 Stat. 42 ADDITIONAL ARTICLE Feb. 17, 1792.*To the Treaty made between the United States and the Cherokees on, the second day of July, one thousand seven hundred and ninety-one.* Proclamation Feb. 17, 1792.It is hereby mutually agreed between Henry Knox, Secretary of War, duly authorized thereto in behalf of the United States, on the cue part, and the undersigned chiefs and warriors, in behalf of themselves and the Cherokee nation, on the other part, that the following article shall be added to and considered as part of the treaty made between the United States and the said Cherokee nation on the second day of July, one thousand seven hundred and ninety-one ; to wit :
Increase of annual payment to Indians.The sum to be paid annually by the United States to the Cherokee nation of Indians, in consideration of the relinquishment of land, as stated in the treaty made with them on the second day of July, one thousand seven hundred and ninety-one, shall be one thousand five hundred dollars instead of one thousand dollars, mentioned in the said treaty. In testimony whereof, the said Henry Knox, Secretary of War, and the said chiefs and warriors of the Cherokee nation, have hereuntoTREATY WITH THE CHEROKEES. 1794.43 set their hands and seals, in the city of Philadelphia, this seventeenth day of February, in the year of our Lord one thousand seven hundred and ninety-two.
H. KNOX, Secretary of War. Iskaqua, or Clear Sky, formerly Nonetooyah, or Bloody Fellow, Nontuaka, or the Northward, Chatloh, or King Fisher, Katigoslah, or the Prince, Téésleki, or Common Disturber, Suaka, or George Miller. in presence of Thomas Grooter, Jno. Stagg, junr., Leonard D. Shaw, James Cerey, sworn interpreter to the Cherokee nation. To the Indian names are subjoined seals. June 26, 1794 Treaty
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  • 7 Stat. 14
  • 7 Stat. 15
  • 7 Stat. 16
  • 7 Stat. 18
  • 7 Stat. 21
  • 7 Stat. 24
  • 7 Stat. 26
  • 7 Stat. 28
  • 7 Stat. 33
  • 7 Stat. 35
  • 7 Stat. 39
  • 7 Stat. 42
Citation graph
cites case law
Treaty
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Stat.Treaty
Stat.7 Stat. 14
Stat.7 Stat. 15
Stat.7 Stat. 16
Stat.7 Stat. 18
Stat.7 Stat. 21
Cites 13 · showing 6Cited by 1 across 1 source
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