The Treaty of Canandaigua, 1794

Continued from last week.

Article 6: In consideration of the peace and friendship hereby, established, and of the engagements entered into by the Six Nations; and the United States desire with humanity and kindness, to contribute to their comfortable support, and to render the peace and friendship hereby established strong and perpetual, the United States now deliver to the Six Nations, and the Indians of the other Nations residing among, and united with them, a quantity of goods, of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars allowed them by an Article ratified by the President, on the twenty-third day of April , 1792, making in the whole four thousand five hundred dollars; which shall be expended yearly, forever in purchasing clothing, domestic animals, implements of husbandry and other utensils, suited to their circumstances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allowance now stipulated, to be made by the superintendent, appointed by the President, for the affairs of the Six Nations, and their Indian friends aforesaid.

Article 7: Lest the firm peace and friendship now established should be interrupted conduct of individuals, the United States and the Six Nations agree, that for injuries done by individuals, on either side, no private revenge or retaliation shall take place, but instead, complaint shall be made by the party injured, to the other, by the Six nations or any of them, to the President of the United States, or the superintendent by him appointed, and by the superintendent or other person appointed by the President, to the principal chiefs of the Six nations, or of the nation to which the offender belongs; and such prudent measures shall then be pursued, as shall be necessary to preserve our peace and friendship unbroken, until the Legislature (or Great Council) of the United States shall make other equitable provision for the purpose.

The Haudenosaunee continue to avail themselves of this provision of the Treaty, noting the executive-to-executive relationship that it creates. The matters the Grand Council raises with the United States are still addressed to the President of the United States, as “Brother” (the United States do not seem to have maintained their side of the treaty as well: the President rarely corresponds with or responds to the Haudenosaunee, and both New York State and the United States claim degrees of jurisdiction over internal Haudenosaunee matters by virtue of the will of their governments).

The words of this article are a direct echo of the provisions of the September 1664 treaty at Fort Albany. For the purpose of the United States in 1794 and for the British in 1664, they served the same purpose – they prevented revenge, by taking the Haudenosaunee for injuries done by white people; they made the Rotiianeson accountable for the actions of individual people, and they promoted peace. On the Haudenosaunee side, these words confirmed their relationship with the executive branch of the United States, created a clear dispute-resolution process, and clarified jurisdiction; as well, and fundamentally, they promoted peace. In separating personal jurisdiction and in confirming the manner in which the two governments would resolve matters between them, the 1794 treaty at Canandaigua was consistent with the principles in the Kaswentha.

Continued next week