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American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.
338 |
INDIAN AFFAIRS. |
[1793. |
|
2d CONGRESS.] |
No. 39. |
[2d SESSION. |
WABASH AND ILLINOIS TRIBES.
COMMUNICATED TO THE SENATE, FEBRUARY 13, 1793.
Gentlemen of the Senate:
I lay before you, for your consideration and advice, a treaty of peace and friendship, made and concluded on the 27th day of September, 1792, by Brigadier General Rufus Putnam, in behalf of the United States, with the Wabash and Illinois tribes of Indians. And, also, the proceedings attending the said treaty, the explanation of the fourth article thereof, and a map, explanatory of the reservation to the French inhabitants, and the general claim of the said Indians.
In connexion with this subject, I also lay before the Senate the copy of a paper which has been delivered by a man by the name of John Baptiste Mayée, who has accompanied the Wabash Indians, at present in this city.
It will appear, by the certificate of Brigadier General Putnam, that the Wabash Indians disclaimed the validity of the said paper, excepting a certain tract upon the Wabash, as mentioned in the proceedings.
The instructions to Brigadier General Putnam, of the 22d of May, together with a letter to him, of the 7th of August, 1792, were laid before the Senate on the 7th of November, 1792.
After the Senate shall have considered this treaty, I request that they would give me their advice, whether the same shall be ratified and concluded? and, if to be ratified and confirmed, whether it would not be proper, in order to prevent any misconception hereafter, of the fourth article, to guard, in the ratification, the exclusive pre-emption of the United States to the land of the said Indians?
|
GEO. WASHINGTON. |
UNITED STATES, 13th February, 1792.
_________
A Treaty of peace and friendship, made and
concluded between the President of the United States of America, on
the part of the said States, and the undersigned, kings, chiefs,
and warriors, of the Wabash and Illinois Indian
tribes, on the part and behalf of the said tribes.
The parties being desirous of establishing a permanent peace and friendship, between the United States and the said Indian tribes, and the citizens and members thereof, and to remove the causes of war, the President of the United States, by Rufus Putnam, one of the Judges of the territory of the United States, northwest of the river Ohio, and Brigadier General in the army, whom he hath vested with full powers for these purposes; and the said Wabash and Illinois Indian tribes, by the undersigned kings, chiefs, and warriors, representing the said tribes, have agreed to the following articles, viz:
ARTICLE 1. There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals, villages, and tribes, of the said Wabash and Illinois Indians.
ART. 2. The undersigned kings, chiefs, and warriors, for themselves, and all parts of their villages and tribes, do acknowledge themselves to be under the protection of the United States of America, and stipulate to live in amity and friendship with them.
ART. 3. The said tribes shall deliver, as soon as practicable, to the commanding officer at fort Knox, all citizens of the United States, white inhabitants or negroes, who are now prisoners among any of the said tribes.
ART. 4. The United States solemnly guaranty to the Wabash, and the Illinois nations, or tribes of Indians, all the land to which they have a just claim; and no part shall ever be taken from them, but by a fair purchase, and to their satisfaction. That the lands originally belonged to the Indians; it is theirs, and theirs only. That they have a right to sell, and a right to refuse to sell. And that the United States will protect them in their said just rights.
ART. 5. The said kings, chiefs, and warriors, solemnly promise, on their part, that no future hostilities or depredations shall be committed by them, or any belonging to the tribes they represent, against the persons or property of any of the citizens of the United States. That the practice of stealing negroes and horses from the people of Kentucky, and other inhabitants of the United States, shall forever hereafter cease. That they will, at all times, give notice to the citizens of the United States of any designs which they may know, or suspect to be formed, in any neighboring tribe, or by any person whatever, against the peace and interest of the United States.
ART. 6. In cases of violence on the persons or property of the individuals of 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.
ART. 7. 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.
In witness of all and every thing herein determined, between the United States of America and the villages and tribes of the undersigned kings, chiefs, and warriors, the parties have hereunto set their hands and seals, at Post Vincennes, on the Wabash river, this twenty-seventh day of September, one thousand seven hundred and ninety-two.
|
RUFUS
PUTNAM, |
[Signed by thirty-one Indians, of the Wabash and Illinois tribes.]
________
[TRANSLATION.]
To all to whom these presents shall come: Know ye, that we, Tobacco, the Great Couette, Ouaounra, Young Tobacco, the Black Fly, and Maringouin, or Musquito, the Small Cartars, Kieskipichia, Old and Young Grelot, all chiefs of the different tribes of the savage nations of the Pianguichias, do acknowledge and confess unanimous, altogether, and separately, for us, and all our posterity, and all the people of the tribes of the aforesaid nations of the Pianguichias, that Louis Viviatte, merchant in the land of Illinois, one of the acquirers, as well for himself as for the afternamed persons, which, after having had different conferences, as well public as others, with us, the above chiefs of the towns and villages at Post Vincennes and Vermillion, has proposed to us, by the treaties and talks we have had together, to buy of us some quantities and extends of lands, all belonging to us, as well as to all the other different tribes of our nation, which we unanimously represent; and declare, further, that we, the abovenamed chiefs, have wisely and ripely considered, for ourselves and descendants, and have also consulted with the other natives of our different tribes, concerning the propositions which have been made to us by the said Louis Viviatte, as well in his name as in those of the other acquirers hereafter named; and we, the aforenamed chiefs, as well as the natives of the different tribes of our nation, are perfectly well satisfied and content, for the afternamed considerations; we do assure and confirm to the said Louis Viviatte, and to all the others who might join him, that the different quantities and extends of lands, hereafter to be specified, to be divided by these presents, that we, the abovenamed chiefs of the savage nation of the Pianguichias, all present in the public council, assembled in the town
American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.
|
1793.] |
339 |
and villages of Post Vincennes, and in consideration of the sum of five
shillings, counted to us by the said Louis Viviatte, as also for the
merchandise and effects offered and presented to us, the said chiefs, Young
Tobacco, Montour, the Great Couette, and Ouaounaha, Old Tobacco, Black Fly, the
Maringouin, the Small Cartars, Kieskipichia, Old and Young Grelot, for the
usage of the different tribes of the nation Pianguichias, well and duly
delivered, in full council, as mentioned, to wit: four hundred white blankets,
twenty-two pieces of cloth, two hundred and fifty shirts, twelve groce of
garters, one hundred and twenty pieces of ribbon, twenty-four pounds of
vermillion, eighteen pieces of velvet galloon, for hosing, a piece swansdown,
fifteen guns, thirty-five dozen of knives, with horn handles, forty dozen
knives, with close handles, five hundred pounds of copper, in kettles, ten
thousand flints, six hundred pounds of gun powder, two thousand pounds of shot,
four hundred pounds of tobacco, forty bushels of salt, three thousand weight of
flour, and three horses, without the least prejudice to the following silver
work, to wit: eleven pairs of arm bracelets, forty hand bracelets, six full
moons, six half moons, nine pairs of ear bobs, forty great crosses, twenty-nine
hair knots, sixty pairs of ear rings, twenty dozen of small crosses, twenty
dozen crosses for the nose, and one hundred and ten dozen of little pins, which
we declare and acknowledge to have received, article by article: for which, we
acknowledge and declare and confess, unanimously, by these presents, that we
agree to have sold, to be delivered, to be ceded, and to be given up for ever,
and make valid to Louis Viviatte, the honorable Augustus, Earl of Dunmore,
Governor of the Colony of Virginia, the honorable John Murray, son to the above
Earl, Moses Franks, and Jacob Franks, of the city of London, kingdom of Great
Britain, Esquires, Thomas Johnston, jr., Esq., Barister at Law, and John
Davidson, merchant, both of the city of Annapolis, of the province of Maryland,
William Russet, Esq., Matthew Ridley, Robert Christie, senior, Robert Christie,
junior, of the town of Baltimore, merchants, in the province of Maryland, Peter
Campbell, merchant, of Piscataway, Maryland, William Murray, and Daniel Murray,
merchants, in the Illinois country, Nicholas St. Martin and Joseph Bagé,
gentlemen, of the same country, Francis Berthuis, of the city of Quebec,
gentleman, at present at Post Vincennes, for them and their heirs; and, if the
case requires it, having caused, by the will of George the Third, King of Great
Britain, France, and Ireland, Defender of the Faith, to be for the usage, and
benefit, and advantage of the said acquirers, here aforenamed, the heirs,
&c., and for that every one should, according to law, possess the same
quantities and extends of land, hereafter named, viz: one extend, or quantity
of land, situated on both sides of the river Oubache, to begin at the mouth of
a creek, named Cat river, which empties into the said river Oubache, about fifty-two
leagues distant above Post Vincennes, and descending the river Oubache,
following the windings and turnings, to the place called the Pointe Coupe,
about twelve leagues above Post Vincennes, which forms about forty leagues in
length, upon the said river Oubache, and of the line or the place from whence
it begins, it must continue forty leagues in depth, from the east, also thirty
leagues in depth from the west of the said river Oubache, to be continued all
along, to be taken from the mouth of the said Cat river, which joins the said
river Oubache, to come at the said Point Coupé; and also an extend or quantity
of land, situated at both sides of said river Oubache, which commences from the
mouth of the White river, which empties itself in to the said river Oubache,
about ten leagues from the said Post Vincennes, and from thence, going down the
said river Oubache, following the turnings as they are, which joins the Belle
Riviere, to be taken from the aforesaid White river, fifty-three leagues, or
about, more or less, upon forty leagues in breadth, of the east side, and
thirty leagues in depth, from the west side of the said Oubach, to be continued
all along, at both sides of the said river Oubache, and what is between, which
is about twenty-four leagues, between the said Pointe Coupé and the said White
river, is reserved for the inhabitants, and for their usage at the said Post
Vincennes, with the same depth at both sides the said Oubache, as well as the
abovementioned extends of lands and the two aforesaid quantities or extends of
lands, heretofore designated, granted, and sold, according to the division
specified as above, must contain and form, from the first place here
abovementioned, unto the Belle Riviere, in altogether ninety-three leagues in
the said Oubache, and, at both sides, must form and have in depth seventy
leagues altogether, equally all along the said river Oubache, as aforesaid,
without comprehending the twenty-four leagues of length, and the seventy of
depth, which are reserved for the inhabitants of Post Vincennes, to be reserved
and to be promised by the said chiefs abovenamed.
We, themselves, and for the different natives of their nations, which they fully and effectively represent, as well for their posterity, with promises and guaranties by the aforesaid chiefs, and all the people of their tribes, and their heirs, for that the acquirers should enjoy their lands in peace, and that they may dispose of it at their will and pleasure; as also, to enjoy full liberty and tranquillity on the said lands, as well in their navigation in the said river Oubache, from the entrance to the source of this river, as well in all other rivers which pass across the lands now sold, without any restriction, or opposition and interruption, or quarrel, contrary to their rights, which should, or could not, take place contrary to the privileges ceded, granted, and given up to the said acquirers, of all the minerals, mines, trees, woods, waters, and running waters, profits, commodities, advantages, rights, and liberties, inheritance, appurtenances, dependencies, and any other things, on the two extends or quantities of lands, which belong to them; as, also, all the reservations and residue, success and profits, and of all rights, usages, and possession of property, claim, and demand, against the said chiefs, Tobacco, Maringouin, Montour, the Great Couette, Young Tobacca, Ouaunaha, Black Fly, Small Cartar, Kieskispichia, the two Grelots, old and young, and all others, or other person, whatever, from said savage nation of Pianguichia, on the said lands; and, finally, to enjoy and possess of the two extends, or quantity of lands, and other singular pieces comprehended in the sale by the said acquirers, their heirs, and successors, to their advantage and profit; and the said chiefs, which promises all, and every one in particular, for themselves, and the people of their tribes, and for all other nations who depend from them, and which are submitted to the said posterity and savage nation of the said Pianguichias, as well as to guaranty of all troubles for the aforesaid quantities and extends of lands, as above specified, and who generally depends on it, and oblige and engage ourselves to guaranty and defend for all, and against all, and for always, for our part, and every one of us, and in particular, and for all other natives of the different tribes of the savage nation of the Pianguichias; and have signed with our hands our ordinary marks, in presence of the underwritten persons, as witness and present in council; the council held at said Post Vincennes, the _____ day of _____, in the year one thousand seven hundred and seventy-five. And delivered in the present nature, and in consideration of the said act, also specified, mentioned, and interpreted, to the aforesaid identical chiefs present. The liberty of game, or hunting, shall always remain free in all the rivers, also the navigation in said rivers.
|
|
|
|
Tobacco, chief. |
Small Cartar, chief. |
Afterwards
signed by the following as witnesses:
Jean Marie Le Gras, Le Marié Francois Bosseron, J. Bte.
Nuberdeau, St. Martin, Pertius, Barois, J. Bte. Bosseron, Bolon, Milhet, Le
Leroute- all witnesses.
Post Vincennes, the ____ ____, in the year one thousand seven hundred and seventy-five, appeared before me, St. Marié, commandant at said Post Vincennes, personally, Prené Coder, alias Panas, and Jean Baptiste Vaudry, inhabitants of the same place; which, after having been duly sworn, have deposed, that they served as interpreters to the savage nations, during all the time they have been in conference, held in the town and village of Post Vincennes and Vermillion, by Louis Viviatte, for himself, as also in the names of different other persons, with the chiefs of the
American State Papers,
Indian Affairs,
March 3, 1789 to March 3, 1815.
vol. 1.
340 |
INDIAN AFFAIRS. |
[1793. |
different tribes of the savage nation of Pianguichias, relatively to the
purchase of lands, as above mentioned, specified, and written in the aforesaid
act, which the said witnesses, or interpreters, have faithfully interpreted
between the said Louis Viviatte and the chiefs denominated in the aforesaid
act; and that the said witnesses, in their quality as interpreters, have done
for the best in their souls and consciences, according to the best of their
understanding and knowledge, and have, faithfully and plainly, explained to the
said chiefs denominated in the aforesaid act, to which they have set their
ordinary marks, with their own hands, whereof the signification has been
mentioned, and, for their consideration, has been explained; as, also, the
names of the acquirers; and that the said interpreters should be present at the
delivery of the said considerations specified in the act aforementioned; as,
also, that they should be present at the passing of the aforementioned act, in
presence of the said chiefs, which have put their marks at the foot of the said
act.
Signed and sealed, the __________ day of the month ________, in the year of our Lord _________.
|
RENE CODER, alias
PANAS.
|
I, Lewis Bomer, Notary Public, residing in the country of the Illinois do certify, to have translated, from the English into the French language, to the best of my knowledge, judgment, and ability, the act before mentioned, containing three pages, originally written in English, on parchment; at the foot of which I have signed my name, and affixed my ordinary seal, as, also, to the present certificate, to serve all those whom it may concern.
Given at Kaskaskias, this eighteenth day of September, one thousand seven hundred and seventy-five.
|
LOUIS BOMER, Notary. |
I certify the above to be a true copy from the original, which is now among the records of this county, and in my possession.
|
For JOHN MILLS, Recorder.
|
At the treaty held with the Wabash and Illinois Indians, by me, in the month of September, 1792, the said Indians disclaimed the validity of the within deed, excepting the tract on the Wabash, to their fathers, the French as mentioned in the proceedings of the said treaty.
|
RUFUS PUTNAM. |
NOTE.- For the instructions to General Putnam, and his correspondence, see Nos. 29 and 31. Other papers referred to in the message, are not on file.
__________________________
|
3d CONGRESS.] |
No. 40. |
[1st SESSION. |
NORTHWESTERN TRIBES.
COMMUNICATED TO THE SENATE, DECEMBER 4, 1793.
|
WAR DEPARTMENT, December 4th, 1793. |
SIR:
In obedience to the direction of the President of the United States, I have the honor to submit to the Senate the instructions to the commissioners appointed to treat with the hostile Indians, north of the Ohio, and their report, in the form of a journal of their proceedings. And, also, a statement of the troops in the legion of the United States, and certain intelligence from Major General Wayne.
|
I have the honor to be, with great respect, sir,
your most obedient servant,
|
The VICE PRESIDENT of the United States.
________
Instructions to Benjamin Lincoln, of
Massachusetts, Beverley Randolph, of Virginia, and Timothy Pickering, of
Pennsylvania, Commissioners appointed for treating
with the Indians Northwest of the Ohio.
GENTLEMEN:
You, having been appointed Commissioners to negotiate with the hostile Indians, northwest of the Ohio, are to regard the following instructions as the general principles of your conduct, and as delivered by the President of the United States.
You must be well aware of the extreme dislike of the great majority of the citizens of the United States to an Indian war, in almost any event; and with how much satisfaction they would embrace a peace upon terms of justice and humanity. To you, therefore, this negotiation is entrusted, with the hope that you will, by your intelligence and perseverance, be able to close a scene of hostilities, which, on the part of the United States, have been dictated by the prosecution due their frontier citizens.
In order that you may possess all the knowledge in the power of the Executive to give, you have herewith furnished the several papers upon this subject, enumerated in the schedule annexed, which contains information, from the peace between Great Britain and France, in the year 1763, until the present time.
With respect to the treaties made between the United States and the several tribes, since the peace with Great Britain, in 1783, it is to be observed, that the treaty of fort Harmar, made in January, 1789, is regarded as having been formed on solid grounds- the principle being that of a fair purchase and sale.
The Government considers the Six Nations, who claimed the lands by virtue of former conquests, lying between the Ohio and Lake Erie, which were ceded and confirmed to the United States by the said treaty, with the said Six Nations, together with the Wyandots and Delawares, and Ottawas, and other Western Indians, who were the actual occupants of the lands, as the proper owners thereof; that they had a right to convey the said lands to the United States; and that they did accordingly make that said conveyance, with their free consent and full understanding. Parties, however, who were not at the treaty of fort Harmar, may have been either at the treaty of fort McIntosh or the Miami. Puchonchehelas, a chief of the Delawares, was at the latter.
But, if it shall appear, upon a further investigation of the subject, at the place of conference, that there were other tribes interested in the lands then ceded to the United States, than those who subscribed the said treaty, or
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