Treaty with The Delawares
August 18, 1804
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.
The said Delaware tribe, 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.
The said tribe shall 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 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.
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.
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.
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.
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.
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.
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