Articles of a treaty, concluded at Hopewell, on the Keowee, near Seneca
Old Town, Between
Benjamin Hawkins, Andrew
Pickens and Joseph Martin, Commissioners Plenipotentiary of the
United States of America,
of the one Part; and Piomingo, Head Warrior and First Minister of the
Chickasaw Nation; Mingatushka,
one of the leading Chiefs; and Latopoia, first beloved Man of the
said Nation, Commissioners
Plenipotentiary of all the Chickasaws, of the other Part.
THE Commissioners Plenipotentiary of the United States of America give
peace to the Chickasaw
Nation, and receive them
into the favor and protection of the said States, on the following conditions:
ARTICLE 1.
The Commissioners Plenipotentiary of the Chickasaw nation, shall restore
all the prisoners,
citizens of the United
States, to their entire liberty, if any there be in the Chickasaw nation.
They shall
also restore all the
negroes, and all other property taken during the late war, from the citizens,
if any
there be in the Chickasaw
nation, to such person, and at such time and place, as the Commissioners
of
the United States of
America shall appoint.
ARTICLE II.
The Commissioners Plenipotentiary of the Chickasaws, do hereby acknowledge
the tribes and the
towns of the Chickasaw
nation, to be under the protection of the United States of America, and
of no
other sovereign whosoever.
ARTICLE III.
The boundary of the lands hereby allotted to the Chickasaw nation to live
and hunt on, within the
limits of the United
States of America, is, and shall be the following, viz. Beginning on the
ridge that
divides the waters running
into the Cumberland, from those running into the Tennessee, at a point
in a
line to be run north-east,
which shall strike the Tennessee at the mouth of Duck river; thence running
westerly along the said
ridge, till it shall strike the Ohio; thence down the southern banks thereof
to the
Mississippi; thence down
the same, to the Choctaw line or Natches district; thence along the said
line,
or the line of the district
eastwardly as far as the Chickasaws claimed, and lived and hunted on, the
twenty-ninth of November,
one thousand seven hundred and eighty-two. Thence the said boundary,
eastwardly, shall be
the lands allotted to the Choctaws and Cherokees to live and hunt on, and
the lands at
present in the possession
of the Creeks; saving and reserving for the establishment of a trading
post, a
tract or parcel of land
to be laid out at the lower port of the Muscle shoals, at the mouth of
Ocochappo,
in a circle, the diameter
of which shall be five miles on the river, which post, and the lands annexed
thereto, shall be to
the use and under the government of the United States of America.
ARTICLE IV.
If any citizen of the United States, or other person not being an Indian,
shall attempt to settle on
any of the lands hereby
allotted to i the Chickasaws to live and hunt on, such person shall forfeit
the
protection of the United
States of America, and the Chickasaws may punish him or not as they please.
ARTICLE V.
If any Indian or Indians, or persons residing among them, or who shall
take refuge in their nation,
shall commit a robbery
or murder, or other capital crime, on any citizen of the United States,
or person
under their protection,
the tribe to which such offender or offenders 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 assembled: 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 America, or person under their protection,
shall commit a
robbery or murder, or
other capital crime, on any Indian, such offender or offenders shall be
punished in
the same manner as if
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 presence of some of the Chickasaws,
if any
will attend at the time
and place, and that they may have an opportunity so to do, due notice,
if
practicable, of such
intended punishment, shall be sent to some one of the tribes.
ARTICLE VII.
It is understood that the punishment of the innocent under the idea of
retaliation is unjust, and shall
not be practiced on either
side, except where there is a manifest violation of this treaty; and then
it shall
be preceded, first by
a demand of justice, and if refused, then by a declaration of hostilities.
ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries
or oppressions on the
part of the citizens
or Indians, the United States in Congress assembled shall have the sole
and exclusive
right of regulating the
trade with the Indians, and managing all their affairs in such manner as
they think
proper.
ARTICLE IX.
Until the pleasure of Congress be known respecting the eighth article,
all traders, citizens of the
United States, shall
have liberty to go to any of the tribes or towns of the Chickasaws to trade
with them,
and they shall be protected
in their persons and property, and kindly treated.
ARTICLE X.
The said Indians shall give notice to the citizens of the United States
of America, of any designs
which they may know or
suspect. to be formed in any neighboring tribe, or by any person whosoever,
against the peace, trade
or interests of the United States of America.
ARTICLE XI.
The hatchet shall he forever buried, and the peace given by the United
States of America, and
friendship re-established
between the said States on the one part, and the Chickasaw nation on the
other
part, shall be universe:
and the contracting parties shall use their utmost endeavors to maintain
the peace
given as aforesaid, and
friendship re-established.
In witness of all and every thing herein contained, between the said States
and Chickasaws, we,
their underwritten commissioners,
by virtue of our full powers, have signed this definitive treaty, and
have caused our seals
to he hereunto affixed.
Done at Hopewell, on the Keowee, this tenth day of January, in the year
of our Lord one thousand
seven hundred and eighty-six.
Benjamin Hawkins,
And'w. Pickens,
Jos. Martin,
Piomingo, his x mark,
Mingatushka, his x mark,
Latopoia, his x mark,
Witness:
Wm. Blount,
Wm. Hazard,
Sam. Taylor,
James Cole,
Sworn Interpreter.
Source: Indian Affairs : Laws and Treaties
Vol II (Treaties)
|
