On August 30th George Washington writes to
Samuel Huntington, Governor of Connecticut, transmitting two acts of Congress
including the approval of the Treaty of Hamar and an order to begin a
survey of Ohio. Washington writes in full:
I have the honor to transmit to your Excellency
a Resolution of Congress for carrying into effect a Survey directed to be made
by an Act of the late Congress -- and requesting the President of the United
Sates to appoint a proper person to compleat[sic] the same. -- Also the
duplicate of an Act relative to negotiations and Treaties with the Indian
Tribes. –
I have the honor to be
With due consideration
Your Excellency's Most Obt.
and Most Humble Sevt.
Go:
Washington
His
Excellency
Samuel Huntington
George Washington, despite sending the executed
treaty to Samuel Huntington was perplexed over the need and method of
ratification. He writes:
September
17, 1789.
Gentlemen
of the Senate.
It
doubtless is important that all treaties and compacts formed by the United
States with other nations, whether civilized or not, should be made with caution
and executed with fidelity.
It
is said to be the general understanding and practice of nations, as a check on
the mistakes and indiscretions of ministers or commissioners, not to consider
any treaty negotiated and signed by such officers as final and conclusive until
ratified by the sovereign or government from whom they derive their powers. This
practice has been adopted by the United States respecting their treaties with
European nations, and I am inclined to think it would be advisable to observe it
in the conduct of our treaties with the Indians; for though such treaties, being
on their part made by their chiefs or rulers, need not be ratified by them, yet,
being formed on our part by the agency of subordinate officers, it seems to be
both prudent and reasonable that their acts should not be binding on the nation
until approved and ratified by the Government. It strikes me that this point
should be well considered and settled, so that our national proceedings in this
respect may become uniform and be directed by fixed and stable principles.
The
treaties with certain Indian nations, which were laid before you with my message
of the 25th May last, suggested two questions to my mind, viz: First, whether
those treaties were to be considered as perfected and consequently as obligatory
without being ratified. If not, then secondly, whether both or either, and
which, of them ought to be ratified. On these questions I request your opinion
and advice.
You
have, indeed, advised me "to execute and enjoin an observance of "
the treaty
with the Wyandottes, etc. You, gentlemen,
doubtless intended to be clear and explicit, and yet, without further
explanation, I fear I may misunderstand your meaning, for if by my executing
that treaty you mean that I should make it (in a more particular and immediate
manner than it now is) the act of Government, then it follows that I am to
ratify it. If you mean by my executing it that I am to see that it be
carried into effect and operation, then I am led to conclude either that you
consider it as being perfect and obligatory in its present state, and therefore
to be executed and observed, or that you consider it as to derive its completion
and obligation from the silent approbation and ratification which my
proclamation may be construed to imply. Although I am inclined to think that the
latter is your intention, yet it certainly is best that all doubts respecting it
be removed.
Permit
me to observe that it will be proper for me to be informed of your sentiments
relative to the treaty with the Six Nations previous to the departure of the
governor of the Western territory, and therefore I recommend it to your early
consideration.
Go WASHINGTON
Treaty
of Harmar Text:
The laws of the United States of America,
Richard Folwell, 1796. 3 vols
Articles of a Treaty Made at Fort
Harmar, between Arthur St. Clair, Governor of the Territory of the United States
North-West 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 India Nations in the Northern Department, of the
one Part; and the Sachems and Warriors of the Wiandot, Delaware, Ottawa,
Chippewa, Pattawatima and Sac Naions, on the other Part.
WHEREAS the United States in Congress assembled, did, by their
Commissioners George Rogers Clark, Richard Butler, and Arthur Lee, Esquires,
duly appointed for that purpose, at a treaty Holden with the Wiandot, Delaware,
Ottawa and Chippewa nations, at Fort M'lntosh, 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
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 now in their hands
(by what means so ever they may have come 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
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.
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 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 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 south-east 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,
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
forever.
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.
It is agreed between the said United States and the said nations, that the
individuals of said nations shall be at liberty to hunt within the territory
ceded to the United States, without hindrance 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.
It is agreed that if any Indian or Indians of the nations before
mentioned, 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 north-west 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 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
wherein the offence was committed; that nothing may interrupt the peace and
harmony now established between the United States and said nations.
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,
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 agreement, and
of the laws provided against such offences, 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
north-west of the Ohio, where the offence 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
so ever they may have passed, and, upon due proof, shall be restored; any sales
in market overt. notwithstanding. And the civil magistrates in the United States
respectively, and in the territory of the United States north-west of the Ohio,
shall give all necessary aid and protection to Indians claiming such stolen
horses.
Trade shall be opened with the said nations, and they do hereby
respectively engage to afford protection to the persons and property oft such as
may be duly licensed to reside among them I or 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 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 purpose 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.
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 any nation with hostile
intentions against the United States, or 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 may be avoided between
them and the United States: In like manner the United States shall give notice
to the said Indian nations, of any harm that may be meditated against them, or
either 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.
If any person or persons, citizens or subjects of the 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.
The United States renew the reservations heretofore made in the before
mentioned treaty at Fort M'lntosh, for 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 river; 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.
The post at Detroit, with a district of land beginning at the mouth of the
river Rosine, at the west end of lake Erie, and running up the southern bank of
said river six miles; thence northerly, and always six miles west of the strait.
until it strikes the lake St. Clair, shall be reserved for the use of the United
States.
In like manner the post at Michilimackinac, with its dependencies, and
twelve miles square about the same, shall be reserved to the sole use of the
United States.
The United States of America do hereby renew and confirm the peace and
friendship entered into with the said nations, at the treaty before mentioned,
held at Fort M'Intosh; and the said nations again acknowledge themselves, and
all their tribes, to be under the protection of the said United States, and no
other power whatever.
The United States of America do also receive into their friendship and
protection, the nations of the Pattiwatimas and Sacs; and do hereby establish a
league of peace and amity between them respectively; and all the articles of
this treaty, so far as they apply to these nations, are to be considered as made
and concluded in all, and every part, expressly with them and each of them.
And whereas in describing the boundary before mentioned, the words, if
strictly constructed, would carry it from the portage on that branch of the
Miami, which runs into the Ohio, over to the river Au Glaize; which was neither
the intention of the Indians, nor of the Commissioners; it is hereby declared,
that the line shall run from the said portage directly to the first fork of the
Miami river, which is to the southward and eastward of the Miami village, thence
down the main branch of the Miami river to the said village, and thence down
that river to Lake Erie, and along the- margin of the lake to the place of
beginning.
Done at Fort Harmar, on the Muskingum, this ninth day of January, in
the year of our Lord one thousand seven hundred and eighty nine.
In witness whereof, the parties have hereunto interchangeably set their
hands and seals.
Arthur St. Clair,
Peoutewatamie, his x mark,
Konatikina, his x mark,
Sacs:
Tepakee, his x mark
Kesheylva, his x: mark,
Chippewas:
Mesass, his x mark
Paushquash, his x mark,
Pawasicko, his x mark,
Ottawas:
Wewiskia, his x mark,
Neagey, his x mark,
Pattawatimas:
Windigo, his x mark,
Wapaskea, his x mark,
Nequea, his x mark,
Delawares:
Captain Pipe, his x mark,
Wingenond, his x mark
Pekelan, his x mark,
Teataway, his x mark,
Chippewas:
Nanamakeak, his x mark
Wetenasa, his x mark,
Soskene, his x mark,
Pewanakum, his x mark,
Wyandots:
Teyandatontec, his x mark
Cheyawe, his x mark,
Doueyenteat, his x mark
Tarhe, his x mark,
Terhataw, his x mark,
Datasay, his x mark
Maudoronk, his x mark,
Skahomat, his x mark,
In presence of-
Jos. Harmar, lieutenant-colonel, commandant, First U. S. Regiment, and
brigadier-general by brevet,
Richard Butler,
Jno. Gibson
Will. McCurdey, captain
E. Denny, ensign, First U. S. Regiment,
F. A. Hartshorn. ensign.
Robt. Thompson, ensign, First U. S. Regiment,
Frans. Muse, ensign J. Williams, jr.,
Wm. Wilson,
Joseph Nicholas James Rinkin.
Be it remembered, That the Wyandots have laid claim to the lands that were
granted to the Shawanese, at the treaty held at the Miami, and have declared,
that as the Shawanese have been so restless, and caused so much trouble, both to
them and to the United States, if they will not now be at peace, they will
dispossess them, and take the country into their own hands; for that the country
is theirs of right, and the Shawanese are only living upon it by their
permission. They further lay claim to all the country west of the Miami
boundary, from the village to the lake Erie, and declare that it is now under
their management and direction.
Whereas the Wyandots have represented, that within the reservation from
the river Rosine along the Strait, they have two villages from which they cannot
with any convenience remove; it is agreed, that they shall remain in possession
of the same, and shall not be in any manner disturbed therein.
Should a robbery or murder be committed by an Indian or Indians of the
said nations upon the citizens or subjects of the United States or any of them,
or by the citizens or subjects of the United States or any of them, upon any
Indian or 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 and 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 sales in open market notwithstanding. And the parties
convicted shall be punished with the utmost severity the laws will admit; and
the said nations engage to deliver the parties that may be accused of their
nations of either of the before-mentioned 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 States, if it shall have happened
within any of the United States.
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, arid settling boundaries, between the Indian
nations in the northerly department and the said United States, of the one part,
and the sachems and warriors of the Six Nations, of the other part:
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 before mentioned 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 Tehoseroton, 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 sane,
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 before mentioned, 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, forever. 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 before mentioned, 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, forever.
The United States of America confirm to the Six Nations all the lands
which they inhabit, lying east and north of the before mentioned 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.
The United States of America renew and confirm the peace and friendship
entered into with the Six Nations, (except the Mohawks) at the treaty before
mentioned, 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 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,
Oneahye, or Lancing Feather
Sohaeas, or Falling Mountain,
Otachsaka, or Broken Tomahawk, his x mark,
Tekahias, or Long Tree, his x mark,
Oneensetee, 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 Corn planter, his x mark,
Gyasota, or Big Cross, his x mark,
Kannassee, or New Arrow,
Achiout, or Half Town,
Anachout, orTheWasp, his x mark,
Chishekoa, or Wood Bug, his x mark,
Sessewa, or Big Bale of a Kettle,
Sciahowa, or Council Keeper,
Tewanias, or Broken Twig
Sonachshowa, or Full Moon
Cachunwas£e, or Twenty Canoes
Hickonquash, or Tearing asunder,
In presence of-
Jos. Harmar, lieutenant-colonel commanding First Regiment and brigadier-general
by brevet,
Richard Butler,
Jno. Gibson,
Will. M'Curdy, captain,
Ed. Denny, ensign First U. S. Regiment,
A. Hartshorn, ensign,
Robt. Thompson, ensign, First U. S. Regiment,
Fran. Belle, ensign,
Joseph Nicholas.
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
or 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 unto
whose possession so ever 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 before mentioned 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, ire it shall have happened within any of the
United States.
Unauthorized Site:
This site and its contents are not affiliated, connected,
associated with or authorized by the individual, family,
friends, or trademarked entities utilizing any part or
the subject's entire name. Any official or affiliated
sites that are related to this subject will be hyper
linked below upon submission
and Evisum, Inc. review.
In this powerful, historic work, Stan Klos unfolds the complex 15-year U.S.
Founding period revealing, for the first time, four distinctly different United
American Republics. This is history on a splendid scale -- a book about the not
quite unified American Colonies and States that would eventually form a fourth
republic, with only 11 states, the United States of America: We The
People.
