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perversion of their spirit, meaning and terms, contrary to the injunction of the law under which the court acts, which makes the stipulations of any treaty, the laws and ordinances of Spain, and these acts of congress, so far as either apply to this case, the standard rules for its decision. Ibid.
The treaties with Spain and England, before the acquisition of Florida by the United States, which guarantied to the Seminole Indians their lands according to the right of property with which they possessed them, were adopted by the United States; who thus became the protectors of all the rights they had previously enjoyed, or could of right enjoy under Great Britain or Spain, as individuals or nations, by any treaty, to which the United States thus became parties in 1803. Ibid.
The Indian right to the lands as property, was not merely of possession, that of alienation was concomitant; both were equally secured, protected and guarantied by Great Britain and Spain, subject only to ratification and confirmation by the license, charter or deed from the governor representing the king. Such purchases enabled the Indians to pay their debts, compensate for their depredations on the traders resident among them to provide for their wants; while they were available to the purchasers as payment of the considerations which at their expense had been received by the Indians. It would have been a violation of the faith of the government to both, to encourage traders to settle in the province, to put themselves and property in the power of the Indians, to suffer the latter to contract debts, and when willing to pay them by the only means in their power, a cession of their lands, withhold an assent to the purchase, which, by their laws or municipal regulations, was necessary to vest a title. Such a course was never adopted by Great Britain, in any of her colonies, nor by Spain in Louisiana or Florida. Ibid.
The laws made it necessary, when the Indians sold their lands, to have the deeds presented to the governor for confirmation. The sales by the Indians transferred the kind of right which they possessed; the ratification of the sale by the governor, must be regarded as a relinquishment of the title of the crown to the purchaser; and no instance is known where permission to sell has been “refused, or the rejection of an Indian sale." Ibid.
The colonial charters, a great portion of the individual grants by the proprietary and royal governments, and a still greater portion by the states of the Union after the revolution, were made for lands within the Indian hunting-grounds. North Carolina and Virginia to a great extent paid their officers and soldiers of the revolutionary war by such grants, and extinguished the arrears due the army by similar means. It was one of the great resources which sustained the war, not only by those states, but by other states. The ultimate fee, encumbered with the right of Indian occupancy, was in the crown previous to the revolution, and in the states of the Union afterwards, and subject to grant. This right of occupancy was protected by the political power, and respected by the courts, until extinguished, when the patentee took the encumbered fee. So the supreme court and the state courts have uniformly held. Clark v. Smith, 13 Peters, 195.
ARTICLES OF AGREEMENT AND CONFEDERATION,
Made and entered into by Andrew and Thomas Lewis, Esquires, Sept. 17, 1778.
Commissioners for, and in Behalf of the United States of
ARTICLE I. That all offences or acts of hostilities by one, or either of the con- All offences tracting parties against the other, be mutually forgiven, and buried in mutually for
given. the depth of oblivion, never more to be had in remembrance.
ARTICLE II. That a perpetual peace and friendship shall from henceforth take Peace and place, and subsist between the contracting parties aforesaid, through all friendship per
* petual. succeeding generations : and if either of the parties are engaged in a just and necessary war with any other nation or nations, that then each each party to shall assist the other in due proportion to their abilities, till their ene- assist the other. mies are brought to reasonable terms of accommodation : and that if either of them shall discover any hostile designs forming against the other, they shall give the earliest notice thereof, that timeous measures may be taken to prevent their ill effect.
ARTICLE III. And whereas the United States are engaged in a just and necessary U. S. to have war, in defence and support of life, liberty and independence, against free passage to the King of England and his adherents, and as said King is yet possessed of several posts and forts on the lakes and other places, the reduction of which is of great importance to the peace and security of the contracting parties, and as the most practicable way for the troops of the United States to some of the posts and forts is by passing through the country of the Delaware nation, the aforesaid deputies, on behalf of themselves and their nation, do hereby stipulate and agree to give a free passage through their country to the troops aforesaid, and the same to conduct by the nearest and best ways to the posts, forts or towns of the enemies of the United States, affording to said troops such supplies of corn, meat, horses, or whatever may be in their power for the accommodation of such troops, on the commanding officer's, &c. paying, or engageing to pay, the full value of whatever they can supply them with. And the said deputies, on the behalf of their nation, engage to join the Such warriors troops of the United States aforesaid, with such a number of their best as can be and most expeart warriors as they can spare, consistent with their own spared, to join
the troops of safety, and act in concert with them; and for the better security of the the U.S. old men, women and children of the aforesaid nation, whilst their warriors are engaged against the common enemy, it is agreed on the part of the United States, that a fort of sufficient strength and capacity be built at the expense of the said States, with such assistance as it may be in the power of the said Delaware Nation to give, in the most convenient place, and advantageous situation, as shall be agreed on by the commanding officer of the troops aforesaid, with the advice and concurrence of the deputies of the aforesaid Delaware Nation, which fort shall be garrisoned by such a number of the troops of the United States, as the commanding officer can spare for the present, and hereafter by
such numbers, as the wise men of the United States in council, shall think most conducive to the common good.
ARTICLE IV. Neither party For the better security of the peace and friendship now entered into to inflict punish- by the contracting parties, against all infractions of the same by the ment without
citizens of either party, to the prejudice of the other, neither party an impartial trial.
shall proceed to the infliction of punishments on the citizens of the other, otherwise than by securing the offender or offenders by imprisonment, or any other competent means, till a fair and impartial trial can be had by judges or juries of both parties, as near as can be to the laws, customs and usages of the contracting parties and natural justice: The mode of such tryals to be hereafter fixed by the wise men of the United States in Congress assembled, with the assistance of such deputies of
the Delaware nation, as may be appointed to act in concert with them Nor protect
in adjusting this matter to their mutual liking. And it is further agreed criminal fugi
between the parties aforesaid, that neither shall entertain or give countives, &c. tenance to the enemies of the other, or protect in their respective states,
criminal fugitives, servants or slaves, but the same to apprehend, and secure and deliver to the State or States, to which such enemies, criminals, servants or slaves respectively belong.
ARTICLE V. Agent to be
Whereas the confederation entered into by the Delaware nation and appointed by the United States, renders the first dependent on the latter for all the the U.S. to trade with the
articles of cloathing, utensils and implements of war, and it is judged Delaware na
not only reasonable, but indispensibly necessary, that the aforesaid Nation.
tion be supplied with such 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 sallery, one more influenced by the love of his country, and a constant attention to the duties of his department by promoting the common interest, than the sinister purposes of converting and binding all the duties of his office to his private emolument: Convinced of the necessity of such measures, the Commissioners of the United States, at the earnest solicitation of the deputies aforesaid, have engaged in behalf of the United States, that such a trade shall be afforded said nation, conducted on such principals of mutual interest as the wisdom of the United States in Congress assembled shall think most conducive to adopt for their mutual convenience.
ARTICLE VI. U.S. guarantee
Whereas the enemies of the United States have endeavoured, by to them all ter. every artifice in their power, to possess the Indians in general with an ritorial rights as opinion, that it is the design of the States aforesaid, to extirpate the bounded by for mer treaties.
Indians and take possession of their country: to obviate such false sugestion, the United States do engage to guarantee to the aforesaid nation of Delawares, and their heirs, all their teritoreal rights in the fullest and most ample manner, as it hath been bounded by former treaties, as long as they the said Delaware nation shall abide by, and hold fast the chain of friendship now entered into. And it is further agreed on between the contracting parties should it for the future be found conducive for the mutual interest of both parties to invite any other tribes who have been friends to the interest of the United States, to join the
present confederation, and to form a state whereof the Delaware nation To have a re. shall be the head, and have a representation in Congress : Provided, presentation in nothing contained in this article to be considered as conclusive until it Congress on meets with the annrobation of Co
meets with the approbation of Congress. certain condi.
And it is also the intent and tions.
meaning of this article, that no protection or countenance shall be afforded to any who are at present our enemies, by which they might escape the punishment they deserve.
IN WITNESS whereof, the Parties have hereunto interchangeably sett
their Hands and Seals at Fort-Pitt, September seventeenth, Anno
IN PRESENCE OF Lachn. M·Intosh, B. General, commander the western department. Daniel Brodhead, Col. 8th Pennsylvania regiment. W. Crawford, Col. John Campbell. John Stephenson. Jno. Gibson, Col. 13th Virginia regiment. A. Graham, Brigade Major. Lachn. M'Intosh, jun. Major Brigade. Benjamin Mills. Joseph L. Finley, Capt. 8th Pennsylvania regiment. John Finley, Capt. 8th Pennsylvania regiment.
To the Indian names are subjoined a mark and seal.
Oct. 22, 1784.
one thousand seven hundred and eighty-four, between Oliver
The United States of America give peace to the Senecas, Mohawks, Onondagas and Cayugas, and receive them into their protection upon the following conditions :
ARTICLE I. Six hostages shall be immediately delivered to the commissioners by Hostages to be the said nations, to remain in possession of the United States, till all given till prisonthe prisoners, white and black, which were taken by the said Senecas, Mohawks, Onondagas and Cayugas, or by any of them, in the late war, from among the people of the United States, shall be delivered up.
ARTICLE II. The Oneida and Tuscarora nations shall be secured in the possession Possession of of the lands on which they are settled.
lands secured. ARTICLE III. A line shall be drawn, beginning at the mouth of a creek about four Boundaries. miles east of Niagara, called Oyonwayea, or Johnston's Landing-Place, upon the lake named by the Indians Oswego, and by us Ontario; from thence southerly in a direction always four miles east of the carryingpath, between Lake Erie and Ontario, to the mouth of Tehoseroron or Buffaloe Creek on Lake Erie; thence south to the north boundary of the state of Pennsylvania; 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 the Oyonwayea to the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all