ART. 4. 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 usage's 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 below.