the other, in due proportion to their abilities, till
their enemies are brought to reasonable terms of accommodation," &c.
3d. The third article stipulates, among other things, a free passage
for the American troops through the Delaware nation, and engages that
they shall be furnished with provisions and other necessaries at their
value.
"4th. 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," &c.
5th. The fifth article regulates the trade between the contracting
parties, in a manner entirely equal.
6th. The sixth article is entitled to peculiar attention, as it
contains a disclaimer of designs which were, at that time, ascribed to
the United States, by their enemies, and from the imputation of which
Congress was then peculiarly anxious to free the Government. It is in
these words: "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 guaranty to the
aforesaid nation of Delawares, and their heirs, all their territorial
rights, in the fullest and most ample manner, as it hath been bounded
by former treaties, as long as the said Delaware nation shall abide by,
and hold fast, the chain of friendship now entered into."
The parties further agree, that other tribes, friendly to the interest
of the United States, may be invited to form a State, whereof the
Delaware nation shall be the heads, and have a representation in
Congress.
This treaty, in its language, and in its provisions, is formed, as near
as may be, on the model of treaties between the crowned heads of
Europe.
The sixth article shows how Congress then treated the injurious calumny
of cherishing designs unfriendly to the political and civil rights of
the Indians.
During the war of
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