ed.

lands, outlaw- allotted to the Wyandot 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.

Title of the

to lands, &c.

Art. 6. The Indians who sign this treaty, as well in behalf of United States all their tribes as of themselves, do acknowledge the lands east, acknowledg- south, and west, of the lines described in the third article, so far as the said Indians formerly claimed the same, to belong to the United States; and none of their tribes shall presume to settle upon the same, or any part of it.

ed, &c.

Post of De

served.

Art. 7. The post of Detroit, with a district beginning at the troit, &c. re- mouth of the river Rosine, on the west end of lake Erie, and running west six miles up the southern bank of the said river, thence northerly and always six miles west of the strait, till it strikes the lake St. Clair, shall be also reserved to the sole use of the United States.

Post at Michilimackinac,

&c. reserved.

Indian rob

bers and mur

Art. 8. In the same manner, the post of Michilimackinac, with its dependencies, and twelve miles square about the same, shall be reserved to the use of the United States.

Art. 9. If any Indian or Indians shall commit a robbery or derers, to be murder on any citizen of the United States, the tribe to which delivered up, 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.

&c.

The United
States to dis-

Art. 10. The commissioners of the United States, in pursutribute goods ance 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.

among the

tribes.

mer rank, &c.

Delaware

SEPARATE ARTICLE.

Amnesty, forIt is agreed that the Delaware chiefs, Kelelamand, or colonel for the three Henry, Hengue Pushees, or the Big Cat, Wicocalind, or captain White Eyes, who took up the hatchet for the United States, chiefs, Henry, Big Cat, and' and their families, shall be received into the Delaware nation, White Eyes. in the same situation and rank as before the war, and enjoy their due portions of the lands given to the Wyandot 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.

No. 2. Articles of a treaty made at fort Harmar, between Arthur St. Clair, Treaty with governor of the territory of the United States northwest of the river Ohio, the Wyandots, and commissioner plenipotentiary of the United States of America, for re- Delawares, moving all causes of controversy, regulating trade, and settling boundaries, Ottowas, with the Indian nations in the northern department, of the one part; and Chippewas, the sachems and warriers of the Wyandot, Delaware, Ottawa, Chippewa, Pattawatimas, Pattawatima, and Sac nations, on the other part.

and Sacs, of

1789.

Art. 1. Whereas the United States in Congress assembled, Reference to did, by their commissioners, George Rogers Clark, Richard the treaty of Butler, and Arthur Lee, esquires, duly appointed for that pur- fort M'Intosh. pose, at a treaty holden with the Wyandot, Delaware, Ottawa,

*

and Chippewa nations, at fort M'Intosh, on the twenty-first [See precedday of January, in the year of our Lord one thousand seven ing treaty, No. hundred and eighty-five, conclude a peace with the Wyandots, ter 1, of this chapDelawares, 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 Renewal of engagements they had made with the United States of America, engagements. at the before mentioned treaty, except so far as are altered by these presents. And there are now in the possession of some individuals of these nations, certain prisoners, who have been taken by others not in peace with the said United States, or in violation of the treaties subsisting between the United States and them; the said nations agree to deliver up all the prisoners The nations to deliver up now in their hands (by what means soever they may have come prisoners. 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 Two hostages agreement, they do now agree to deliver into his hands, two per- for delivery of sons of the Wyandot nation, to be retained in the hands of the prisoners.

established by

United States as hostages, until the said prisoners are restored; after which they shall be sent back to their nation.

Art. 2. 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 boundary the territory of the United States,* which boundary is as follows, the treaty of Viz: beginning at the mouth of Cayahoga river, and running thence fort M'Intosh; 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 southeast side of the same to its mouth; thence along the southern shore of lake Erie to the for peace granted, premouth of Cayahoga, where it began. And the said Wyandot, sents received, Delaware, Ottawa, and Chippewa nations, for and in consideraand $6,000 tion of the peace then granted to them by the said United States, now deliver- 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 renewed and hereby acknowledge, do, by these presents, renew and confirm confirmed,&c. the said boundary line; to the end that the same may remain as a division line between the lands of the United States of America and the lands of said nations, forever. And the undersigned Indians, do hereby, in their own names, and the names of their respective nations and tribes, their heirs and descendants, for the consideration above mentioned, release, quit claim, relinquish, and cede to the said United States, all the land east, south, and west, of the lines above described, so far as the said Indians formerly claimed the same; for them the said United States to have and to hold the same, in true and absolute propriety, for

worth of goods

ed;

The nations cede all the land, east, south, and west, of the lines describ

ed.

and hunt on;

ever.

Art. 3. The United States of America do, by these presents, relinquish and quit claim to the said nations respectively, all the Lands for the lands lying between the limits above described, for them, the said Indians to live Indians, to live and hunt upon, and otherwise to occupy as they but not to sell, shall see fit: but the said nations, or either of them, shall not except to the be at liberty to sell or dispose of the same, or any part thereof, United States. 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.

Individuals of the nations

may hunt on

Art. 4. It is agreed between the said United States and the said nations, that the individuals of said nations shall be at lithe lands ced-berty to hunt within the territory ceded to the United States, without hindrance or molestation, so long as they demean them

ed.

*See ante, No. 1, of this chapter, article 3.

selves peaceably, and offer no injury or annoyance to any of the subjects or citizens of the said Ünited States.

Indian mur

robbers to be

Art. 5. It is agreed, that if any Indian or Indians, of the nations before mentioned, shall commit a murder or robbery on derers and any of the citizens of the United States, the nation or tribe to given up for which the offender belongs, on complaint being made, shall de- punishment. liver up the person or persons complained of, at the nearest post of the United States; to the end that he or they may be tried, and, if found guilty, punished according to the laws established in the territory of the United States northwest of the river Ohio, for the punishment of such offences, if the same shall have been committed within the said territory; or according to the laws of the state where the offence may have been committed, if the same has happened in any of the United States. In like manner, if any subject or citizen of the United States shall com- Citizens mur dering or robmit murder or robbery, on any Indian or Indians of the said na- bing Indians tions, upon complaint being made thereof, he or they shall be of the nations, to be punisharrested, tried, and punished agreeable to the laws of the state, ed. 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.

horses re

Art. 6. And whereas the practice of stealing horses has pre- Stealing of vailed very much, to the great disquiet of the citizens of the strained. 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 Horse thieves agreement, and of the laws provided against such offences, con- to be severely tinue to make depredations of that nature, the person convicted punished. thereof shall be punished with the utmost severity the laws of the respective states, or territory of the United States northwest of the Ohio, where the offence may have been committed, will admit of: and all horses so stolen, either by the Indians Stolen horses from the citizens or subjects of the United States, or by the citi- may be reclaimed, &c. zens 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 Civil magisin the United States respectively, and in the territory of the trates to aid United States northwest of the Ohio, shall give all necessary stolen horses. aid and protection to Indians claiming such stolen horses.

recovery of

Art. 7. Trade shall be opened with the said nations, and Trade with they do hereby respectively engage to afford protection to the the nations. persons and property of such as may be duly licensed to reside among them for the purposes of trade, and to their agents, factors, and servants; but no person shall be permitted to reside at their towns, or at their hunting camps, as a trader, who is not furnished with a license for that purpose, under the hand and Licences ne

cessary for traders.

Persons in truding without license, to

be appre

hended, &c.

Names of

traders to be reported. The Indians

to give notice of hostile designs, &c.

sage of hostile nations, &c.

seal of the governor of the territory of the United States north west of the Ohio, for the time being, or under the hand and seal of one of his deputies for the management of Indian affairs; to the end that they may not be imposed upon in their traffic. And if any person or persons shall intrude themselves without such license, they promise to apprehend him or them, and to bring them to the said governor, or one of his deputies, for the pur pose before mentioned, to be dealt with according to law: and that they may be defended against persons who might attempt to forge such licenses, they further engage to give information to the said governor, or one of his deputies, of the names of all traders residing among them, from time to time, and at least once in every year.

Art. 8. Should any nation of Indians meditate a war against the United States, or either of them, and the same shall come to the knowledge of the before mentioned nations, or either of them, they do hereby engage to give immediate notice thereof to the governor, or, in his absence, to the officer commanding the troops of the United States at the nearest post. And should Indians to pre- any nation, with hostile intentions against the United States, or vent the pas- either of them, attempt to pass through their country, they will endeavor to prevent the same, and in like manner give information of such attempt to the said governor or commanding officer, as soon as possible, that all causes of mistrust and suspicion The United may be avoided between them and the United States: in like States to noti- manner, the United States shall give notice to the said Indian nafy the Indians tions, of any harm that may be meditated against them, or eitended, &c. ther 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.

of harm in

Citizens set

an lands, outlawed.

Art. 9. If any person or persons, citizens or subjects of the tling on Indi- 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,

Renewal of

posts.

Art. 10. The United States renew the reservations heretoreservations fore made* in the before mentioned treaty at fort M'Intosh, for for trading the establishment of trading posts, in manner and form following; that is to say: six miles square at the mouth of the Miami or Omie rivers; six miles square at the portage upon that branch of the Miami which runs into the Ohio; six miles square upon the lake Sandusky, where the fort formerly stood; and two miles square upon each side the lower rapids, on Sandusky river: which posts, and the lands annexed to them, shall be for the use and under the government of the United States.

See ante, No. 1, art. 4, of this chapter.