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 Yockonahoma, great Medal Chief of Soonacoha;
Yockehoopoie, leading
Chief of Bugtoogoloo; Mingohoopoie, leading Chief of Hasooqua; Tobocoh,
great Medal Chief of
Congetoo; Pooshemastubie, Gorget Captain of Senayazo; and thirteen small
Medal Chiefs of the first
Class, twelve Medal and Gorget Captains, Commissioners Plenipotentiary
of all the Choctaw Nation,
of the other part.
THE Commissioners Plenipotentiary of the United States of America give
peace to all the
Choctaw nation, and receive
them into the favor and protection of the United States of America, on
the
following conditions:
ARTICLE I.
The Commissioners Plenipotentiary of all the Choctaw nation, shall restore
all the prisoners,
citizens of the United
States, or subjects of their allies, to their entire liberty, if any there
be in the
Choctaw nation. They
shall also restore all the negroes, and all other property taken during
the late war,
from the citizens. to
such person, and at such time and place as the Commissioners of the United
States
of America shall appoint,
if any there be in the Choctaw nation.
ARTICLE II.
The Commissioners Plenipotentiary of all the Choctaw nation, do hereby
acknowledge the tribes
and towns of the said
nation, and the lands within the boundary allotted to the said 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 sovereign
whosoever.
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 shall be the following, viz. Beginning at a point
on the
thirty-first degree of
north latitude, where the Eastern boundary of the Natches district shall
touch the
same; thence east along
the said thirty-first degree of north latitude, being the southern boundary
of the
United States of America,
until it shall strike the eastern boundary of the lands on which the Indians
of
the said nation did live
and hunt on the twenty-ninth of November, one thousand seven hundred and
eighty-two, while they
were under the protection of the King of Great-Britain; thence northerly
along
the said eastern boundary,
until it shall meet the northern boundary of the said lands; thence westerly
along the said northern
boundary, until it shall meet the western boundary thereof; thence southerly
along the same to the
beginning: saving and reserving for the establishment of trading posts,
three tracts
or parcels of land of
six miles square each, at such places as the United [States] in Congress
assembled
shall think proper; which
posts, and the lands annexed to them, 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 the Indians to live and hunt on, such person shall forfeit
the
protection of the United
States of America, and the Indians 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 of
America,
or person under their
protection, the tribe to which such 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 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 Choctaws,
if any
will attend at the time
and place; and that they may have an opportunity so to do, due notice,
if
practicable, of the time
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 of America,
shall have liberty to go to any of the tribes or towns of the Choctaws,
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 interest of the United States of America.
ARTICLE XI.
The hatchet shall be 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 all the Choctaw nation on
the other
part, shall be universal;
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 determined, between the United
States of America and all
the Choctaws, we, their
underwritten commissioners, by virtue of our full powers, have signed this
definitive treaty, and
have caused our seals 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-six.
Benjamin Hawkins,
Andrew Pickens,
Jos. Martin,
Yockenahoma, his x mark,
Yorkehoopoie, his x mark,
Mingohoopole, his x mark,
Tobocoh, his x mark,
Pooshemastuby, his x
mark
Pooshahooma, his x mark,
Tuseoonoohoopoie, his
x mark,
Shinshemastuby, his x
mark
Yoopahooma, his x mark
Stoonokoohoopoie, his
x mark
Tehakuhbay, his x mark,
Pooshernastuby, his x
mark,
Tuskkahoommh, his x mark,
Yoostenochla his x mark,
Tootehooma, his x mark,
Toobenohoomoch. his x
mark.
Cshecoopoohcomoch, his
x mark,
Stonakoohoopoie, his
x mark
Tushkoheegohta, his x
mark
Teshuhenoehloeh, his
x mark,
Pooshonaltla, his x mark,
Okaneonnooba, his x mark,
Autoonachuba, his x mark
Pangehooloch, his x mark,
Steabee, his x mark,
Tenetchenna, his x mark,
Tushkementahock, his
x mark,
Tushtallay, his x mark,
Cshnaangehabba, his x
mark,
Cunnopoie, his x mark,
Witness:
Wm. Blount,
John Woods,
Saml. Tavlor,
Robert Anderson,
Benj. Lawrence.
John Pitchlynn,
James Cole,
Interpreters.
Source: Indian Affairs : Laws and Treaties
Vol II (Treaties)
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