War of 1812 Era · 1809
Treaty with Delawares, etc., Sept. 30, 1809
ID T-0047
Date 1809-09-30
Articles 1
Instrument Note
Parties
United States and the Delaware, Potawatomi, Miami, Eel River, Wea, and Kickapoo Nations
Context
Executed at Fort Wayne on September 30, 1809. Harrison's last major Indiana Territory cession instrument before the War of 1812. This treaty was the immediate trigger for Tecumseh's confederation and the conflict that preceded the war.
Significance
The nations ceded approximately 3 million acres in Indiana Territory for annuity supplements and goods. Tecumseh attended the Fort Wayne negotiations but refused to recognize the treaty — maintaining that no individual nation could cede land without the unanimous consent of all nations, because the land belonged to all Indian peoples in common. The Miami chief Little Turtle signed; Tecumseh's position was that Little Turtle had no authority to do so. The treaty was ratified by the Senate in January 1810. War followed within two years.
Legal Observation
Tecumseh's position — that Indian land was held in common by all peoples and could not be ceded without universal consent — was a coherent legal theory that the United States never engaged with on its merits. The U.S. simply asserted that the signatories had authority, ratified the treaty, and proceeded with settlement. Tecumseh's confederation was the military response to that assertion.
ARTICLES of a Convention made between Henry Dearborn, secretary of war, being specially authorised thereto by the President of the United States, and the undersigned chiefs and head men of the Cherokee na- tion of Indians, duly authorised and empowered by said nation. Additional an- nuity. Proviso. Preceding sti- pulations, &c. to be considered sation for the above cession. Indians to have the privilege of hunting, &c. on lands ceded. When to be in force. Jan. 7, 1806. Proclamation, May 23, 1807. Ratified May 1807, Cession of ter- rory. Payment to Cherokees. U. S. to use their influence with the Chick- asaws in refer- ence toa certain boundary.
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 10220–10288.