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Articles of a Treaty

BETWEEN THE

UNITED STATES OF AMERICA,

AND THE

CHOCTAW NATION.

ORIGINAL.

ARTICLES OF A TREATY

Concluded at Hopewell, on the Keowee, near Seneca Old Town, between Benjamin Hawkins, Andrew Pickens and Jofeph Martin, Commiffioners Plenipotentiary of the United States of America, of the one part; and Yockonahoma, great Medal Chief of Soonacoha; Yockahoopoie, leading Chief of Bugtoogoloo; Mingohoopoie, leading Chief of Hafbooqua; Tobocoh, great Medal Chief of Congetoo; Poofhemastubie, Gorget Captain of Senayazo; and thirteen Small Medal Chiefs of the first Clafs, twelve Medal and Gorget Captains, Commiffioners Plenipotentiary of all the Choctaw Nation, of the other part.

TH

THE Commiffioners Plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favour and protection of the United States of America, on the following conditions.

ARTICLE I.

The Commiffioners Plenipotentiary of all Indians to the Choctaw nation, fhall restore all the pri- foner. rcftore pri.

They ac

protection

of U, S.

any

foners, citizens of the United States, or fubjects of their allies, to their entire liberty, if there be in the Choctaw nation. They fhall alfo restore all the negroes, and all other property taken during the late war, from the citizens, to fuch perfon, and at fuch time and place as the Commiffioners of the United States of America fhall appoint, if any there be in the Chactaw nation.

ARTICLE II.

The Commiffioners Plenipotentiary of all knowledge the Choctaw nation, do hereby acknowledge the tribes and towns of the faid nation, and the lands with the boundary allotted to the faid Indians to live and hunt on, as mentioned in the third article, to be under the protection of the United States of America, and of no other fovereign whofoever.

Boundaries.

ARTICLE III.

The boundary of the lands hereby allotted to the Choctaw nation to live and hunt on, within the limits of the United States of America, is and fhall be the following, viz. Beginning at a point on the thirty-first degree of north latitude, where the Eastern boundary of the Natches diftrict fhall touch the fame; thence eaft along the faid thirty-first degree of north latitude, being the fouthern boundary of the United States of America, until it fhall ftrike the eastern boundary of the lands on which the Indians of the faid nation did live and hunt on the twenty-ninth of November, one thousand feven hundred and eighty-two, while they were under the protection of the King of Great-Britain; thence northerly along the faid eastern boundary, until it fhall meet the northern boundary of the faid lands; thence wefterly along the faid northern boun

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dary, until it shall meet the western boundary thereof; thence foutherly along the fame to the beginning: faving and referving for the establishment of trading posts, three tracts or parcels of land of fix miles fquare each, at fuch places as the United States in Congress affembled shall think proper; which posts, and the lands annexed to them, fhall be to the use and under the government of the United States of America.

ARTICLE IV.

States

If any citizen of the United States, or other No citizen perfon not being an Indian, fhall attempt to of United fettle on any of the lands hereby allotted to shall settle the Indians to live and hunt on, fuch perfon on Indian fhall forfeit the protection of the United States of America, and the Indians may punish him or not as they please.

ARTICLE V.

lands.

criminals.

If any Indian or Indians, or perfons, refid- Indians to ing among them, or who fhall take refuge in deliver up their nation, fhall commit a robbery or murder or other capital crime on any citizen of the United States of America, or perfon under their protection, the tribe to which fuch offender may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress affembled: Provided, that the punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.

ARTICLE VI.

If any citizen of the United States of Ame- Citizens of rica, or perfon under their protection, fhall U. S. committing commit a robbery or murder, or other capital crimes acrime, on any Indian, fuch offender or offend- gain to be ers fhall be punished in the fame manner as if punished. VOL. II. Y 2

reitrained.

the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the punishment shall be in prefence of fome of the Choctaws, if any will attend at the time and place; and that they may have an opportunity fo to do, due notice, if practicable, of the time of such intended punishment, shall be sent to fome one of the tribes. ARTICLE VII.

Retaliation It is understood that the punishment of the innocent, under the idea of retaliation, is unjuft, and shall not be practised on either fide, except where there is a manifeft violation of this treaty; and then it fhall be preceded, firft by a demand of justice, and if refused, then by a declaration of histilities.

U. States

trade.

ARTICLE VIII.

For the benefit and comfort of the Indians, and for the prevention of injuries or opprefto regulate fions on the part of the citizens or Indians, the United States in Congress affembled, shall 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.

Special

for trade.

ARTICLE IX.

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

Indians to give notice

ARTICLE X.

The faid Indians fhall give notice to the ci

of defigns tizens of the United States of America, of any

against U.

States. defigns which they may know or suspect to be

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formed in any neighbouring tribe, or by any perfon whofoever, against the peace, trade or interest of the United States of America.

ARTICLE XI.

The hatchet fhall be forever buried, and the Peace and peace given by the United States of America, friendship and friendship re-established between the faid perpetual. states on the one part, and all the Choctaw nation on the other part, fhall be universal; and the contracting parties fhall use their utmost endeavours to maintain the peace given as aforefaid, and friendship re-established.

IN WITNESS of all and every thing herein determined, between the United States of America and all the Choctaws, 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
third day of January, in the year of our
Lord one thousand seven hundred and
eighty-fix.

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