War of 1812 Era · 1804

Treaty with the Delawares, 1804

ID T-0031

Date 1804-08-18

Articles 1

Instrument Note

Parties

United States and the Delaware Nation

Context

Executed at Vincennes on August 18, 1804. Another Harrison instrument, continuing the systematic extinguishment of Indian title in the Indiana Territory following the Louisiana Purchase.

Significance

The Delaware ceded a large tract along the White River in Indiana Territory. In exchange: an annuity supplement and goods. The instrument operated within the Greenville framework — the Delaware were one of the original Greenville signatories, and this cession was framed as a further specification of land that was adjacent to Greenville reservations. The consideration formula — fixed annuity supplement — had become standardized by this point in the corpus.

Legal Observation

By 1804, Harrison had executed major cession instruments with nearly every northwestern nation within three years of his appointment. The pace — multiple major cessions per year — reflects a deliberate administrative policy, not a series of independent diplomatic negotiations. The nations signed. The question of whether the signing reflected genuine consent or effective coercion is not answerable from the treaty text.

TREATY WITH THE DELAWARES. 1804. 81 dred and fifty blankets, two hundred and fifty pounds of powder, two hundred and fifty pounds of lead, one bridle, one man’s saddle, and one black silk handkerchief. Mingo Poos Coos, Alatala Hooma, Commissioners of the Chactaw nation. Pio Mingo, Tuskenung, Coo, Che, Pasa Mastubby Mingo, Cus-soo-nuck-chia, Tappena Oakchia, Pusha-pia, Chiefs residing on the Tombigby, near to St. Stephens. WITNESSES PResENT:—Young Gains, Interpreter. Joseph Chambers. U. S. Factor. Jno. Bowyer, Capt. 2d. U. States regt. To the Indian names are subjoined a mark and seal. Between the United States of America and the Delaware tribe of Aug. 18, 1804. Indians. Proclamation, : ‘ ; : : Feb. 14, 1805. Tue Delaware tribe of Indians finding that the annuity which they Ratified Jan. receive from the United States, is not sufficient to supply them with the 21, 1805. articles which are necessary for their comfort and convenience, and afford the means of introducing amongst them the arts of civilised life, and being convinced that the extensiveness of the country they possess, by giving an opportunity to their hunting parties to ramble to a great distance from their towns, is the principal means of retarding this de- sirable event; and the United States being desirous to connect their settlements on the Wabash with the state of Kentucky: therefore the said United States, by William Henry Harrison, governor of the Indiana territory, superintendent of Indian affairs, and their commissioner pleni- potentiary for treating with the Indian tribes northwest of the Ohio river; and the said tribe of Indians, by their sachems, chiefs, and head warriors, have agreed to the following articles, which when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on the said parties, AnricLE 1, The said Delaware tribe, for the considerations herein- Cession to the after mentioned, relinquishes to the United States forever, all their right United States, and title to the tract of country which lies between the Ohio and Wa- bash rivers, and below the tract ceded by the treaty of Fort Wayne, and the road leading from Vincennes to the falls of Ohio.

Art. 2

The said tribe shall receive from the United States for ten Additional an- years, an additional annuity of three hundred dollars, which is to be annuity to be exclusively appropriated to the purpose of ameliorating their condition Pad to the De- and promoting their civilization. Suitable persons shall be employed at Provision for the expence of the United States to teach them to make fences, culti- teaching them vate the earth, and such of the domestic arts as are adapted to their selene situation; and a further sum of three hundred dollars shall be appro- &c. i priated annually for five years to this object. The United States will cause to be delivered to them in the course of the next spring, horses fit for draft, cattle, hogs and implements of husbandry to the amount of four hundred dollars. The preceding stipulations together with goods Preceding sti- to the amount of eight hundred dollars which is now delivered to the pulations, how said tribe, (a part of which is to be appropriated to the satisfying certain due el individuals of the said tribe, whose horses have been taken by white i Stolen horses to be restored. Right of the Delawares to lands, &c. Stipulation that the U.S. will treat with the for an acknow- ledgment of the title of the De- lawares, &c. Boundaries,

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 8193–8292.