1778.09.17

Sep­tem­ber 17, 1778
Arti­cles of agree­ment and con­fed­er­a­tion, made and, entered; into by, Andrew and Thomas Lewis, Esquires, Com­mis­sion­ers 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.

ARTICLE I.

That all offences or acts of hos­til­i­ties by one, or either of the con­tract­ing par­ties 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 shall from hence­forth take place, and sub­sist between the con­tract­ing: par­ties afore­said, through all 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 shall assist the other in due pro­por­tion to their abil­i­ties, till their ene­mies 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 war, in defence and sup­port of life, lib­erty and inde­pen­dence, against 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 troops of the United States afore­said, with such a num­ber of their best and most expert war­riors as they can spare, con­sis­tent with their own safety, and act in con­cert with them; and for the bet­ter secu­rity of the 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.

For the bet­ter secu­rity of the peace and friend­ship now entered into by the con­tract­ing par­ties, against all infrac­tions of the same by the cit­i­zens of either party, to the prej­u­dice of the other, nei­ther party 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 tri­als 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 in adjust­ing this mat­ter to their mutual lik­ing. And it is fur­ther agreed between the par­ties afore­said, that nei­ther shall enter­tain or give coun­te­nance 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.

Whereas the con­fed­er­a­tion entered into by the Delaware nation and the United States, ren­ders the first depen­dent on the lat­ter for all the arti­cles of cloth­ing, uten­sils and imple­ments of war, and it is judged not only rea­son­able, but indis­pens­ably nec­es­sary, that the afore­said Nation 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 salary, 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 prin­ci­ples 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.

Whereas the ene­mies of the United States have endeav­ored, by every arti­fice in their power, to pos­sess the Indi­ans in gen­eral with an opin­ion, that it is the design of the States afore­said, to extir­pate the Indi­ans and take pos­ses­sion of their coun­try to obvi­ate such false sug­ges­tion, the United States do engage to guar­an­tee to the afore­said nation of Delawares, and their heirs, all their ter­ri­to­r­ial rights in the fullest and most ample man­ner, as it bath 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 shall be the head, and have a rep­re­sen­ta­tion in Con­gress: Pro­vided, noth­ing con­tained in this arti­cle to be con­sid­ered as con­clu­sive until it nneets with the appro­ba­tion of Con­gress. And it is also the intent and 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 set their hands and seals, at Fort Pitt, Sep­tem­ber sev­en­teenth, anno Domini one thou­sand seven hun­dred and seventy-eight.

Andrew Lewis, [L. S.]
Thomas Lewis, [L. S.]
White Eyes, his x mark, [L. S.]
The Pipe, his x mark, [L. S.]
John Kill Buck, his x mark, [L. S.]

In pres­ence of–

Lach’n McIn­tosh, brigadier-general, com­man­der the West­ern Depart­ment.
Daniel Brod­head, colonel Eighth Penn­syl­va­nia Reg­i­ment,
W. Craw­ford, col­lonel,
John Camp­bell,
John Stephen­son,
John Gib­son, colonel Thir­teenth Vir­ginia Reg­i­ment,
A. Gra­ham, brigade major,
Lach. McIn­tosh, jr., major brigade,
Ben­jamin Mills,
Joseph L. Fin­ley, cap­tain Eighth Penn­syl­va­nia Reg­i­ment,
John Fin­ley, cap­tain Eighth Penn­syl­va­nia Regiment.