Early Republic · 1789

Treaty with the Six Nations (Ft. Harmar), 1789

ID T-0009

Date 1789-01-09

Articles 2

Instrument Note

Parties

United States and the Six Nations (Seneca, Mohawk, Onondaga, Cayuga, Oneida, Tuscarora)

Context

Executed at Fort Harmar on January 9, 1786 — same date as the northwestern nations treaty at the same location. This instrument supersedes and modifies the Fort Stanwix treaty of 1784, which the Six Nations had also disputed as executed without adequate representation from all member nations of the confederacy.

Significance

Two articles only. Article I confirms the Fort Stanwix boundary — effectively ratifying the prior land cessions the nations had challenged. Article II establishes U.S. jurisdiction over crimes committed by U.S. citizens against Six Nations members. The brevity of the instrument is significant: there was little to negotiate. The boundary dispute was resolved by repeating the boundary. The Six Nations signed, but the Mohawk under Joseph Brant refused to participate, maintaining that the Fort Stanwix cessions had been invalid.

Legal Observation

The Mohawk non-participation is not visible in this instrument — the signatories are described as representing the Six Nations. Brant's position — that the Six Nations Confederacy could not validly cede territory without unanimous consent — was legally coherent within Haudenosaunee governance principles. The U.S. ignored it. The treaty was ratified as though the Mohawk had consented.

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, north-west 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 war- riors of the Six Nations, of the other part:

Art. 1

Wuereas 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 stipula- tions 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 al- ways 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 Pennsyl- vania; 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 Na- tions 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 pos- session of the lands they inhabit east, north, and south of the same, reserving only six miles square, round the fort of Oswego, for the sup- port 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 Na- tions and the territory of the United States, forever. And the under- signed Indians, as well in their own names as in the name of their respective tribes and nations, their heirs and descendants, for the con- siderations 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 Jan. 9, 1769. Reference to the treaty of fort Stanwix. Ante, p. 15. Renewal of engagements. The Mohawks excepted. Old boundary confirmed. Lands west of said line ceded for ever to U.S. Certain lands confirmed to the Six Nations, except, &c. Lands of Onei- das and Tusca- roras confirmed to them anew. Peace and friendship re- newed. Mohawks al- to assent, Robberies and murders to be punished ac- cording to the law, &c. Stolen horses to be restored. TREATY WITH THE SIX NATIONS. 1789. 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. Arr. 2. The United States of America confirm to the Six Nations, all the lands which they inhabit, lying east and north of the beforemen- tioned 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, Arr. 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, Tekahias, or Long Tree, Onechsetee, or Loaded Man, Kiatulaho, or Snake, Aqueia, or Bandy Legs, Kiandogewa, or Big Tree, Owenewa, or Thrown in the Water, Gyantwaia, or Cornplanter, Gyasota, or Big Cross, Kanassee, or New Arrow, Achiout, or Half Town, Anachout, or the Wasp, Chishekoa, or Wood Bug, Sessewa, or Big Bale of a Kettle, Sciahowa, or Council Keeper, Tewanias, or Broken Twig, Sonachshowa, or Full Moon, Cachunwasse, or Twenty Canoes, Hickonquash, or Tearing Asunder. IN PRESENCE OF Jos. Harmar, Lieut. Col. comdg. Ist United States’ regt. and Brig. Gen. by brevet. Richard Butler. Jno. Gibson. States’ regiment. Will. M’Curdy, Captain. United States’ regiment. A. Hartshorn, Ensign. Ed. Denny, Ensign Ist Robt. Thompson, Ensign 1st United Fran. Leile, Ensign. Josep Nicholas.

Source: U.S. Statutes at Large, Vol. VII. Edited by Richard Peters, Esq. Boston: Charles C. Little and James Brown, 1846. Reprinted by Dennis & Co., Inc., Buffalo, N.Y., 1962. Source lines 3542–3750.