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Citizens of bery or murder, or other capital crime, on any mitting Indian, fuch offender or offenders fhall be pu

U. S. com

crimes nished in the fame manner as if the murder or against Indians to be robbery, or other capital crime, had been compunished. mitted on a citizen of the United States; and the

punishment shall be in prefence of fome of the Cherokees, if any fhall attend at the time and place, and that they may have an opportunity fo to do, due notice of the time of fuch intended punishment fhall be fent to fome one of the tribes.

ARTICLE VIII.

It is understood that the punishment of the Retaliation innocent under the idea of retaliation, is unprohibited. juft, and fhall not be practifed on either fide, except where there is a manifeft violation of this treaty; and then it fhall be preceded first by a demand of justice, and if refused, then by a declaration of hoftilities.

U. States to regulate trade.

Special provifion

ARTICLE IX.

For the benefit and comfort of the Indians, and for the prevention of injuries or oppreffions on the part of the citizens or Indians, the United States in Congrefs affembled fhall have the fole and exclufive right of regulating the trade with the Indians, and managing all their affairs in fuch manner as they think proper. ARTICLE X.

Until the pleasure of Congrefs be known, for trade. refpecting the ninth article, all traders, citizens of the United States, fhall have liberty to go to any of the tribes or towns of the Cherokees to trade with them, and they fhall be protected in their perfons and property, and kindly treated.

ARTICLE XI.

The faid Indians fhall give notice to the citizens of the United States, of any defigns

give notice

which they may know or fufpect to be formed Indians to in any neighbouring tribe, or by any perfon of defigns whofoever, against the peace, trade or intereft against U. of the United States.

ARTICLE XII.

States.

may fend

That the Indians may have full confidence Indians in the justice of the United States, refpecting deputy to their interefts, they fhall have the right to fend Congress. a deputy of their choice, whenever they think fit, to Congress.

ARTICLE XIII.

Peace and

The hatchet shall be forever buried, and the peace given by the United States, and friend- friend fhip fhip re-established between the faid ftates on perpetual. the one part, and all the Cherokees on the other, fhall be univerfal; and the contracting parties fhall use their utmost endeavours to maintain the peace given as aforefaid, and friendship reseftablifhed.

IN WITNESS of all and every thing herein determined, between the United States of America, and all the Cherokees, We, their underwritten Commiffioners, by virtue of our full powers, have figned this definitive treaty, and have caufed our feals to be hereunto affixed.

DONE at Hopewell, on the Keowee, this
twenty-eighth of November, in the year
of our Lord one thousand feven hundred
and eighty-five.

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Saml. Taylor,

Major. John Owen. Jefs Walton. Jno. Cowan, Capt. Commandant. Thos. Gegg. W. Hazzard. Sworn Interpreters, James Madison, Arthur Coodey.

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