Canadian Historic Sites: Occasional Papers in Archaeology and History No. 14
by Robert S. Allen
Appendix A. Treaty of 1795.
A Treaty of Peace between the United States of America and the Tribe of Indians, called the Wyandots, Delawares, Shawoenoes, Ottawas, Chipewas, Putawatames, Miamis, Eel River, Weeas and Kickapoas.1
To put an end to a destructive war, to settle all controversies and to restore harmony, and a friendly intercourse between the said United States and the Indian Tribes, Anthony Wayne, Major General, commanding the Army of the United States and sole commissioner for the good purpose above mentioned, and the said Tribes of Indians, by their Sachems chiefs and Warriors met together at Grenville2 the head quarters of the said army, have agreed on the following articles, which when ratified by the president with the advice and consent of the senate of the United States, shall be binding on them and the said Indian Tribes.
Article 1st. Henceforth all Hostilities shall cease. Peace is hereby established and shall be perpetual and a friendly intercourse shall take place between the said United States and Indian Tribes.
2d. All prisoners shall on both sides be restored. The Indians, prisoners to the United States shall be immediately set at liberty. The People of the United States still remaining prisoners among the Indian shall be delivered up in ninety days from the date hereof to the general or commanding officer at Grenville, Fort Wayne or Fort Defiance and Ten Chiefs of the said Tribes shall remain at Grenville as hostages untill the delivery of the prisoners shall be effected.
3d. The General Boundary line between the Lands of the United States and the Lands of the said Tribes shall begin at the mouth of Cayahoga River and run thence up the same to the portage between that and the Tuscarrawas branch of the Muskingum, then down that Branch to the crossing place above Fort Lawrence thence westerly to a fork of that branch of the Great Miamis River running into the Ohio, at, or near which fork stood Lorimier's Store & where commences the portage between the Miamis of the Ohio & St. Mary's River, which is a branch of the Miamis which runs into Lake Erie, thence a westerly course to Fort Recovery which stands on a branch of the Wabash, then southwesterly in a direct line to the Ohio so as to intersect that river opposite the mouth of Kentucky or Cuttawa River.
And in consideration of the Peace now established, of the goods formerly received from the United States, of those now to be delivered & of the yearly delivery of goods now stipulated to be made hereafter; & to indemnify the United States for the Injuries and expenses they have sustained during the war. The said Indian Tribes do hereby cede & relinquish forever all their claims to the Lands lying Eastwardly & Southward of the General Boundary Line now described and those lands or any part of them shall never hereafter be made a cause or pretence on the part of the said Tribes, or any of them, of war, or Injury to the United States or any of the people thereof.
And for the same consideration and as an evidence of the returning friendship of the said Indian Tribes, of their confidence in the United States and desire to provide for their accommodation & for that convenient intercourse, which will be beneficial to both parties. The said Indian Tribes do also cede to the United States the following pieces of land to wit, (1) one piece of Land two miles square at the head of the navigable water, or Landing on the St. Mary's River near Girty's Town. (2) one piece of Land six miles square at or near Lorimier's Store before mentioned. (3) one piece six miles square at the head of the navigable water of the Auglaize River (4) one piece six miles square at the confluence of Auglai,ze & Miamis Rivers where Fort Defiance now stands. (5) one piece six miles square at or near the confluence of the Rivers St. Mary's and St. Joseph's where Fort Wayne now stands or near it. (6) one piece two miles square on the Wabash River at the end of the portage from the Miamis of the Lake and about eight miles westward from Fort Wayne. (7) one piece six miles square at the Quatanon or old Weea Towns on the Wabash River. (8) one piece twelve miles square at the British Fort on the Miamis of the Lake at the Foot of the Rapids. (9) one piece six miles square at the mouth of the said River where it empties into the Lake. (10) one piece six miles square upon Sandusky Lake where a Fort formerly stood. (11) one piece two miles square at the lower rapids of the Sandusky River. (12) the Post of Detroit and all the Land to the North, the west and the South of it, of which the Indian Title has been extinguished by gifts or grants to the French or English Government, and so much more land to be annexed to the District of Detroit, as shall be comprehended between the River Rasine on the South Lake St. Clair on the North and a line the general course whereof shall be six miles distant from the west end of Lake Erie and Detroit River. (13) the Post of Michilimackinac and all the Lands on the Island, on which that post stands, and the main land adjacent, of which the Indian Title has been extinguished by gifts or grants to the French or English Governments and a piece of land on the main, to the north of the Island to measure six miles on Lake Huron or the streight between Lakes Huron and Michigan and to extend three miles back from the water of the Lake or streightand also the Island of De Bois Blanche being an extra and voluntary gift of the Chippawa nation (14) one piece of Land six miles square at the mouth of Chikago River emptying into the S.W. end of Lake Michigan where a fort formerly stood. (15) one piece twelve miles square at or near the mouth of the Illinois River emptying into the Mississippi. (16) one piece six miles square at the old Peorias Fort & village near the south end of the Illinois Lake on said Illinois River.
And whenever the United States shall think proper to survey and mark the boundaries of the lands hereby ceded to them they shall give timely notice thereof to the said Tribes of Indians that they may appoint some of their wise Chiefs to attend and see that the Lines are run according to the Terms of this Treaty.
And the said Indian Tribes will allow to the people of the United States a free passage by Land and by water, as one and the other shall be found convenient, thro' their country along the chain of posts herein before mentioned, that is to say, from the commencement of the portage aforesaid at or near Lorimier's Store thence along said portage to the St. Mary's and down the same to Fort Wayne and then down the Miami to the Lake Erie, again from the commencement of the portage at or near Lorimier's store along the portage from thence to the River Auglaize and down the same to its Junction with the Miami at Fort Defiance; again from the commencement of the portage aforesaid to Sandusky River and down the same to Sandusky Bay & Lake Erie & from Sandusky to the Post which shall be taken at or near the foot of the Rapids of the Miami of the Lake & from thence to Detroitagain from the mouth of Chikago to the commencement of the portage between that River and the Illinois and down the Illinois River to the Mississippi, also from Fort Wayne along the portage aforesaid which leads to the Wabash and then down the Wabash to the Ohio.
And the said Indian Tribes will also allow to the People of the United States, the free use of the Harbours and mouths of Rivers along the Lakes adjoining the Indian Lands for sheltering vessels & Boats & liberty to land their Cargoes where necessary for their safety.
Article 4h. In consideration of the peace now established and of the cession & relinquishments of Lands made in the preceding article by the said Tribes of Indians and to manifest the liberality of the United States, as the great means of rendering this peace strong & perpetual, the United States relinquish their claims to all other Indian Lands northward and southward of the Great Lakes & the waters uniting them, according to the boundary Line agreed on by the United States and the King of Great Britain in the Treaty of Peace made between them in the year 1783.
But from this relinquishment from the United States the following tracts are explicitly excepted 1st The Tract of 150,000 acres near the rapids of the River Ohio which has been assigned to General Clarke for the use of himself & his warriors. 2d The post of St. Vincennes on the River Wabash & the lands adjacent of which the Indian title has been extinguished. 3d The Lands at all other places in possession of the French people and other white settlers among them, of which the Indian Title has been extinguished as mentioned in the 3d article And 4h The Post of Fort Massae towards the mouth of the Ohio. To which several parcels of land so excepted, the said Tribes relinquish all the title and claim which they or any of them may have.
And for the same consideration and with the same views as abovementioned the United States now deliver to the said Indian Tribes a quantity of goods to the value of Twenty Thousand Dollars, the receipt whereof they do hereby acknowledge & henceforward every year for ever the United States will deliver at some convenient place northward of the River Ohio, like useful goods, suitable to the circumstances of the Indians of the value of Nine Thousand five hundred Dollars, reckoning that value at the first cost of the goods in the city or place in the United States where they shall be procured.
The Tribes to which these goods are to be delivered annually & the proportions, in which they are to be delivered are the following.
1 To the Wyandots to the Amount of one Thous. Dollars.
2 To the Delawares to the Amount of one Thous. Dollars.
3 To the Shawenoes to the Amount of one Thous. Dollars.
4 To the Miamis to the Amount of one Thous. Dollars.
5 To the Ottawa's to the Amount of one Thous. Dollars.
6 To the Chippawa's to the Amount of one Thous. Dollars.
7 To the Putawatomies to the Amount of one Thous. Dollars.
8 To the Kickappo, Weea, Eel River, Piankashaw & Kaskaskeas Tribes to the Amount of Five Hundred Dollars each Tribe.
Provided that if either of the said Tribes shall hereafter as an annual delivery of their share of the Goods aforesaid, desire that a part of their annuity should be furnished in domestic animals, Implements of Husbandry & other utensils convenient for them, and in compensation to useful artificers who may reside with or near them & be employed for their benefit, the same shall at the subsequent annual deliveries be furnished accordingly
Article 5h. To prevent any misunderstanding about the Indian Lands relinquished by the United States in the 4h Article, it is now expressly declared that the meaning of that Relinquishment is this. The Indian Tribes who have a right to those Lands are quietly to enjoy them; hunting planting & dwelling thereon so long as they please without any molestation from the United States. But when these Tribes or any of them shall be disposed to sell their lands or any part of them, they are to be sold only to the United States, and untill such sale the United States will protect all the said Indian Tribes in the quiet enjoyment of their lands against all citizens of the United States & against all other white persons, who intrude upon the same. And the said Indian Tribes again acknowledge themselves to be under the protection of the said United States and no other power whatever.
Article 6h. If any citizen of the United States or any other white persons shall presume to settle upon the Lands now relinquished by the United States, such citizen or other person shall be out of the protection of the United States & the Indian Tribe on whose Land the settlement may be made may drive off the settler or punish him in such manner as they shall think fit, and because such settlements, made without the consent of the United States will be injurious to them as well as to the Indians the United States shall beat liberty to break them up & remove & punish the settlers as they shall think proper & so effect that protection of the Indian Lands hereinbefore stipulated.
Article 7h. The said Tribes of Indians parties to this Treaty shall be at liberty to hunt within the territory & Lands which they have now ceded to the United States without hindrance on molestation, so long as they demean themselves peacably & offer no injury to the people of the United States.
Article 8h. Trade shall be opened with the said Indian Tribes & they do hereby respectively engage to afford protection to such persons with their property as shall be duly licensed to reside among them, for the purpose of Trade & to their agents & servants, but no person shall be permitted to reside at any of their Towns or hunting camps who is not furnished with a license for that purpose under the hand and seal of the superintendent of that department North west of the Ohio or such other Person as the President of the United States shall authorize to grant such licenses to the end that the said Indians may not be imposed on in their Trade. And if any licensed Trader shall abuse his privilege by unfair dealing upon complaint and proof thereof, his license shall be taken from him & he shall be further punished according to the Laws of the United States. And if any person shall intrude himself as a Trader without such license the said Indians shall take & bring him before the Superintendent or his Deputy to be dealt with according to law.
And to prevent impositions by forged Licence the said Indians shall at least once a year give information to the superintendent or his deputies of the names of the Traders residing among them.
Article 9h. Lest the firm piece and friendship now established should be interrupted by the misconduct of individuals, the United States and the said Indian Tribes agree that for injuries done by individuals on either side, no private revenge or retaliation shall take place, but instead thereof complaint shall be made by the party injured to the other by the said Indian Tribes or any of them to the President of the United States or the Superintendent by him appointed; and by the superintendent or other person appointed by the President, to the principal chiefs of the said Indian Tribes or of the Tribe to which the offender belongs and such prudent measures shall then be pursued as shall be necessary to preserve the said peace & friendship unbroken untill the legislature (or great council) of the United States shall make other equitable provision in the case to the satisfaction of both parties.
Should any Indian Tribes meditate a war against the United States or either of them and the same shall come to the knowledge of the beforementioned tribes or either of them, they do hereby engage to give immediate notice thereof to the General or officer, commanding the Troops of the United States at the nearest Post. And should any Tribe with hostile intentions against the United States or either of them attempt to pass thro' their country, they will endeavour to prevent the same, and in like manner give information of such attempt to the General or officer commanding as soon as possible that all causes of mistrust & suspicion may be avoided between them and the United States. In like manner the United States shall give notice to the said Indian Tribes of any harm that may be meditated against them or any 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 shall be uninterrupted.
Article 10h. All other Treaties heretofore made between the United States and the said Indian Tribes or any of them since the Treaty of 1783, between the United States and Great Britain that come within the purview of this Treaty shall hence forth cease and become void.
In Testimony whereof the said Anthony Wayne and the Sachems and War Chiefs of the beforementioned Nations and Tribes of Indians have hereunto set their hands and seals.
Done at Grenville in the Territory of the United States, north west of the Ohio, on the Third Day of August one thousand seven hundred and ninety five.