ARTICLES

O F

AGREEMENT AND CONFEDERATION,

BETWEEN THE

United States of North America

AND THE

DELAWARE NATION.

ARTICLES of AGREEMENT and CONFEDERATION, made and entered into by Andrew and Thomas Lewis, Efquires, Commiffioners for, and in Behalf of the United States of North-America of the one Part, and Capt. White Eyes, Capt. John Kill Buck, junior, and Capt. Pipe, Deputies and Chief Men of the Delaware Nation of the other Part.

THE

one,

ARTICLE I.

HAT all offences or acts of hoftilities by All offenor either of the contracting parties ces mutually forgiven. against the other, be mutually forgiven, and buried in the depth of oblivion, never more to be had in remembrance.

ARTICLE II.

That a perpetual peace and friendship fhall Peace and from henceforth take place, and fubfift between friendship the contracting parties aforefaid, through all perpetual, fucceeding generations: and if either of the

the

parties are engaged in a juft and neceffary war In cafe of with any other nation or nations, that then war, each each fhall affift the other in due proportion to party to af their abilities, till their enemies are brought other. to reasonable terms of accommodation: and that if either of them fhall difcover any hoftile defigns forming againft the other, they VOL. II.

F 3

U. S. to

have free

paffage to forts or

towns of

their enemies.

fhall give the earliest notice thereof, that ti meous measures may be taken to prevent their ill effect.

ARTICLE II.

And whereas the United States are engag ed in a juft and neceffary war, in defence and fupport of life, liberty and independence, against the King of England and his adherents, and as faid King is yet poffeffed of feveral pofts and forts on the lakes and other places, the reduction of which is of great importance to the peace and fecurity of the contracting parties, and as the most practicable way for the troops of the United States to fome of the pofts and forts is by paffing through the country of the Delaware nation, the aforefaid deputies, on behalf of themselves and their nation, do hereby ftipulate and agree to give a free paffage through their country to the troops aforefaid, and the same to conduct̃ by the nearest and best ways to the posts, forts or towns of the enemies of the United States, affording to faid troops fuch fupplies of corn, meat, horses, or whatever may be in their power for the accommodation of fuch troops, on the commanding officer's, &c. paying, or engaging to pay, the full value of whatever they can fupply them with. And the faid deputies, on the behalf of their nation, engage to join the troops of the United States aforefaid, with such a number of their best and most expert warriors as they can fpare, confiftent be spared, with their own fafety, and act in concert with to join the them; and for the better fecurity of the old troops of U. States. men, women and children of the aforefaid nation, whilft their warriors are engaged against the common enemy, it is agreed on the part of the United States, that a fort of fuffi

Such war

riors as can

cient ftrength and capacity be built at the ex- A fort to pense of the faid States, with fuch affiftance be built and garrifoned. as it may be in the power of the faid Delaware Nation to give, in the most convenient place, and advantageous fituation, as fhall be agreed on by the commanding officer of the troops aforefaid, with the advice and concurrence of the deputies of the aforefaid Delaware Nation, which fort shall be garrisoned by fuch a number of the troops of the United States, as the commanding officer can fpare for the prefent, and hereafter by fuch numbers, as the wife men of the United States in council, fhall think moft conducive to the common good.

ARTICLE IV.

Neither

nifhment

trial,

For the better fecurity of the peace and friendship now entered into by the contracting party to parties, against all infractions of the fame by inflict puthe citizens of either party, to the prejudice of without an the other, neither party fhall proceed to the impartial infliction of punishments on the citizens of the other, otherwife than by fecuring the offender or offenders by imprisonment, or any other competent means, till a fair and impartial trial can be had by the judges or juries of both parties, as near as can be to the laws, cuftoms and ufages of the contracting parties and natural justice: The mode of fuch trials to be hereaf ter fixed by the wife men of the United States in Congrefs affembled, with the affiftance of fuch deputies of the Delaware Nation, as may be appointed to act in concert with them in adjusting this matter to their mutual liking. And it is further agreed between the parties aforefaid, that neither fhall entertain or give countenance to the enemies of the other, or Nor preprotect in their respective states, criminal fu- minal fugi gitives, fervants or flaves, but the fame to ap- tives, &c.

tect cri

Agent to

ted by U.S.

to trade with the Delaware nation.

prehend, and fecure and deliver to the State or States, to which fuch enemies, criminals, fervants or flaves refpectively belong.

ARTICLE V.

Whereas the confederation entered into by the Delaware nation and the United States, renders the first dependant on the latter for be appoin all the articles of cloathing, utenfils and implements of war, and it is judged not only reafonable, but indifpenfibly neceffary, that the aforefaid Nation be supplied with fuch articles from time to time, as far as the United States may have it in their power, by a well-regulated trade, under the conduct of an intelligent, candid agent, with an adequate falary, one more influenced by the love of his country, and a conftant attention to the duties of his department by promoting the common intereft, than the finifter purposes of converting and binding all the duties of his office to his private emolument: Convinced of the neceffity of fuch meafures, the Commiffioners of the United States, at the earneft folicitation of the deputies aforefaid, have engaged in behalf of the United States, that fuch a trade fhall be afforded faid nation, conducted on fuch principles of mutual intereft as the wisdom of the United States in Congress affembled fhall think most conducive to adopt for their mutual convenience.

J. S. gua

rantee to them all

rights as

ARTICLE VI.

Whereas the enemies of the United States have endeavoured, by every artificein their powterritorial er, to poffefs the Indians in general with an opinion, that it is the defign of the States aforefaid, to extirpate the Indians and take poffeffion of their country; to obviate fuch falfe fuggeftion, the United States do engage to guarantee to the aforefaid nation of Delawares,

bounded by Former treaties;

and their heirs, all their territorial rights in the fulleft and moft ample manner, as it hath been bounded by former treaties, as long as they the faid Delaware nation fhall abide by, and hold faft the chain of friendfhip now entered into. And it is further agreed on between the contracting parties (fhould it for the future be found conducive for the mutual intereft of both parties) to invite any other tribes who have been friends to the intereft of the United States, to join the present confederation, and to form a state whereof the Delaware nation fhall be the head, and have a representation in and to have Congress: Provided, nothing contained in a reprefenthis article to be confidered as conclufive un- Congrefs til it meets with the approbation of Congrefs. And it is alfo the intent and meaning of this article, that no protection or countenance fhall be afforded to any who are at present our enemies, by which they might efcape the punishment they deferve.

IN WITNESS whereof, the Parties have hereunto interchangeably fet their Hands and Seals at Fort-Pitt, September Seventeenth, Anno Domini one thousand feven hundred and feventy-eight.

Andrew Lewis,

tation in

on certain conditions,

(L. s.)

Thomas Lewis,

(L. S.)

White Eyes,

The Pipe,

his

mark. (L. s.)

John Kill Buck, his

mark. (L. S.)

IN PRESENCE OF

Lachn. M'Intosh, B. General, commander the western department. Daniel Brodhead, Col. 8th Pennsylvania regiment. W. Crawford, Col. John Campbell. John Stephenfon.