A treaty between the United States of America and the Delaware tribe
of Indians.
THE Delaware tribe of Indians finding that the annuity which they
receive from the United States, is not sufficient to supply them with
the articles which are necessary for their comfort and convenience, and
afford the means of introducing amongst them the arts of civilized
life, and being convinced that the extensiveness of the country they
possess, by giving an opportunity to their hunting parties to ramble to
a great distance from their towns, is the principal means of retarding
this desirable event; and the United States being desirous to connect
their settlements on the Wabash with the state of Kentucky: therefore
the said United States, by William Henry Harrison, governor of the
Indiana territory, superintendent of Indian affairs, and their
commissioner plenipotentiary for treating with the Indian tribes
northwest of the Ohio river; and the said tribe of Indians, by their
sachems, chiefs, and head warriors, have agreed to the following
articles, which when ratified by the President of the United States, by
and with the advice and consent of the Senate, shall be binding on the
said parties. /A/ /B/
ARTICLE 1. The said Delawaretribe for the considerations
hereinafter mentioned, relinquishes to the United States forever, all
their right and title to the tract of country which lies between the
Ohio and Wabash rivers, and below the tract ceded by the treaty of Fort
Wayne, and the road leading from Vincennes to the falls of Ohio. /C/
ART. 2. The said tribeshall receive from the United States for ten
years, an additional annuity of three hundred dollars, which is to be
exclusively appropriated to the purpose of ameliorating their condition
and promoting their civilization. Suitable persons shall be employed
at the expense of the United States to teach them to make fences,
cultivate the earth, and such of the domestic arts as are adapted to
their situation; and a further sum of three hundred dollars shall be
appropriated annually for five years to this object. The United States
will cause to be delivered to them in the course of the next spring,
horses fit for draft, cattle, hogs and implements of husbandry to the
amount of four hundred dollars. The preceding stipulations together
with goods to the amount of eight hundred dollars which is now
delivered to the said tribe, (a part of which is to be appropriated to
the satisfying /D/ /E/ /F/
certain individuals of the said tribe, whose horses have been taken by
white people) is to be considered as full compensation for the
relinquishment made in the first article.
ART. 3. As there is great reason to believe that there are now in
the possession of the said tribe, several horses which have been stolen
from citizens of the United States, the chiefs who represent the said
tribe are to use their utmost endeavors to have the said horses
forthwith delivered to the superintendent of Indian affairs or such
persons as he may appoint to receive them. And as the United States
can place the utmost reliance on the honor and integrity of those
chiefs who have manifested a punctilious regard to the engagements
entered into at the treaty of Grenville, it is agreed that in relation
to such of the horses stolen as aforesaid, but which have died or been
removed beyond the reach of the chiefs, the United States will
compensate the owners for the loss of them without deducting from the
annuity of the said tribe the amount of what may be paid in this way.
But it is expressly understood that this provision is not to extend to
any horses which have been stolen within the course of twelve months
preceding the date hereof. /G/
ART. 4. The said tribe having exhibited to the above-named
commissioner of the United States sufficient proof of their right to
all the country which lies between the Ohio and White river, and the
Miami tribe who were the original proprietors of the upper part of that
country having explicitly acknowledged the title of the Delawares at
the general council held at Fort Wayne in the month of June, 1803, the
said United States will in future consider the Delawares as the
rightful owners of all the country which is bounded by the white river
on the north, the Ohio on the south, the general boundary line running
from the mouth of the Kentucky river on the east, and the tract ceded
by this treaty, and that ceded by the treaty of Fort Wayne, on the west
and south west. /H/
ART. 5. As the Piankishaw tribe have hitherto obstinately persisted
in refusing to recognize the title of the Delawares to the tract of
country ceded by this treaty, the United States will negociate with
them and will endeavor to settle the matter, in an amicable way; but
should they reject the propositions that may be made to them on this
subject, and should the United States not think proper to take
possession of the said country without their consent; the stipulations
and promises herein made on behalf the United States, shall be null and
void. /I/
ART. 6. As the road from Vincennes to Clark's grant will form a
very inconvenient boundary, and as it is the intention of the parties
to these presents that the whole of the said road shall be within the
tract ceded to the United States, it is agreed that the boundary in
that quarter shall be a straight line to be drawn parallel to the
course of the said road from the eastern boundary of the tracts ceded
by the treaty of Fort Wayne to Clark's grant; but the said line is not
to pass at a greater distance than half a mile from the most northerly
bend of said road. /J/
In witness whereof, the commissioner plenipotentiary of the United
States, and the chiefs and head men of the said tribe, have hereunto
set their hands and affixed their seals.
Done at Vincennes, the eighteenth day of August, in the year of our
Lord one thousand eight hundred and four; and of the independence of
the United States the twenty-ninth.
William Henry Harrison, (L.S.)
Jeta Buxika, his x mark, (L.S.)
Bokongehelas, his x mark, (L.S.)
Alimee, or Geo. White Eyes, his x mark, (L.S.)
Hocking Pomskann, his x mark, (L.S.)
Tomaguee, or the beaver, his x mark, (L.S.)
Signed, sealed, and delivered in the presence of - -
John Gibson, secretary to commission.
Henry Vanderburg, judge of Indiana Territory.
Vigo, colonel of Knox County, I.T. Militia.
B. Parker, attorney-general of the Indiana Territory.
John Rice Jones, of Indiana Territory.
Robert Buntin, prothonotary of Knox County, Indiana Territory.
Geo. Wallace, jr., of Indiana Territory.
Antoine Marchal, of I.T.
Joseph Barron, interpreter.
Edward Hempstead, attorney at law.
I do certify, that each and every article of the foregoing treaty
was carefully explained, and precisely interpreted, by me, to the
Delaware chiefs who have signed the same.
John Gibson.
A/ Ratified Jan. 21, 1805.
B/ Proclaimed Feb. 14, 1805.
C/ Cession to the United States.
D/ Additional annuity to be paid to the Delawares.
E/ Provision for teaching them agricultural and domestic arts, etc.
F/ Preceding stipulations, how to be considered.
G/ Stolen horses to be restored.
H/ Right of the Delawares to lands, etc.
I/ Stipulation that the United States will treat with the Piankeshaws
for an acknowledgement of the title of the Delawares, etc.
J/ Boundaries, etc.
