APPENDIX E.

TREATIES AT FORT HARMAR.

WITH THE SIX NATIONS.

ARTICLES of a treaty made at Fort Harmar, the ninth day of January, in the year of our Lord one thousand seven hundred and eighty-nine, between Arthur St. Clair, esquire, governor of the territory of the United States of America, northwest 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, viz:

ART. 1. Whereas the United States, in congress assembled, did, by 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, 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 said 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 Tehoseroron, 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, none 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 as in consideration of a quantity of goods, to the value of three thousand dollars, now delivered to them by the 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 may be and remain as a division line between the lands of the said Six Nations and the territory of the United States, for ever. And the undersigned 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 mouth 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, for ever.

ART. 2. The United States of America confirm to the Six Nations, all the lands which they inhabit, lying east and north of the beforementioned 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. The Oneida and Tuscarora nations are also again secured and confirmed in the possession of their respective lands.

ART. 4. The United States of America renew and confirm the peace and friendship entered into with the Six Nations, (except the Mohawks,) at the treaty beforementioned, 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,

Kiondushowa, or Swimming Fish,

Oncahye, or Dancing Feather,

Sohaeas, or Falling Mountain,

Otachsaka, or Broken Tomahawk, his x mark,

Tekahias, or Long Tree, his x mark,

Onechsetee, or Loaded Man, his x mark,

Kiahtulaho, or Snake,

Aqueia, or Bandy Legs,

Kiandogewa, or Big Tree, his x mark,

Owenewa, or Thrown in the Water, his x mark,

Gyantwaia, or Cornplanter, his x mark,

Gyasota, or Big Cross, his x mark,

Kanassee, or New Arrow,

Achiout, or Half Town,

Anachout, or The Wasp, his x mark,

Chishekoa, or Wood Bug, his x mark,

Sessewa, or Big Bail of a Kettle,

Sciahowa, or Council Keeper,

IN PRESENCE OF

Twanias, or Broken Twig,
Sonachshowa, or Full Moon,
Cachunwasse, or Twenty Canoes,
Hickonquash, or Tearing Asunder.

Jos. Harmar, lieut. col. comdg. 1st U. S. Regiment, and brig. gen. by brevet.

Richard Butler,

Jno. Gibson,

Will. M'Curdy, captain,

Ed. Denny, ensign, 1st U. S. Regiment,

A. Hartshorn, ensign,

Robt. Thompson, ensign, 1st U. S. Regiment,

Fran. Leile, ensign,

Joseph Nicholas.

SEPARATE ARTICLE OF THE NEXT PRECEDING

TREATY.

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 and 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 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; and the persons convicted shall be punished with the utmost severity the laws will admit. And the said nations engage to deliver the persons 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

WITH THE WYANDOTS, ETC.

ARTICLES of a treaty made at Fort Harmar, between Arthur St. Clair, governor of the territory of the United States northwest of the river 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 Wyandot, Delaware, Ottawa, Chippewa, Pottawattamie, and Sac nations on the other part.

ART. 1. Whereas, the United States in congress assembled, did, by their commissioners, George Rogers Clark, Richard Butler, and Arthur Lee, esqrs,

duly appointed for that purpose, at a treaty holden with the Wyandot, Delaware, Ottawa, and Chippewa nations, at Fort McIntosh, 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, 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 beforementioned 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 now in their hands (by what means soever they may have come into their possession) to the said Gov. 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.

ART. 2. And whereas, at the beforementioned 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 the 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 Ome river, and down the southeast 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 the said 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 for ever. 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 ever.

ART. 3. The United States of America do, by these presents, relinquish and 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.

ART. 4. It is agreed between the said United States and the said nations, that the individuals of the said nations shall be at liberty to hunt within the territory ceded to the United States, without hindranee or molestation, so long as they demean themselves peaceably, and offer no injury or annoyance to any of the subjects or citizens of the said United States.

ART. 5. It is agreed that if any Indian or Indians of the nations beforementioned 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 laws established in the territory of the United States northwest of the river Ohio for the punishment of such offenses, if the same shall be committed within the said territory; or according to the laws of the State where the offense 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 offense was committed, that nothing may interrupt the peace and harmony now established between the United States and said nations.

ART. 6. And whereas, the practice of stealing horses has prevailed very much, to the great disquiet of the citizens of the United States, and, if persisted in, can not 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 offenses, continue to make depredations of that nature, the person convicted 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 offense 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 northwest of the Ohio, shall give all necessary aid and protection to Indians claiming such stolen horses.

ART. 7. Trade shall be opened with the said nations, and they do hereby respectively engage to afford protection to the persons and property of such