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Choctaws may shall be in presence of some of the Choctaws, if any will attend be present at the punishat 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.

ment.

Retaliation for

private injuries, prohibit

ed.

Congress to have the sole right of regulating trade with the Choctaws.

Temporary free trade to

the Choctaw towns.

The Choctaws

Art. 7. It is understood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall not be practised 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.

Art. 8. 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.

Art. 9. 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.

Art. 10. The said Indians shall give notice to the citizens to give notice of the United States of America, of any designs which they of designs may know or suspect to be formed in any neighboring tribe, or United States. by any person whosoever, against the peace, trade, or interest, of the United States of America.

against the

The hatchet

and peace universal.

Art. 11. The hatchet shall be forever buried, and the peace forever buried, given by the United States of America, and friendship reestablished 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.

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No. 2. A treaty of friendship, limits, and accommodation, between the United
States of America and the Choctaw nation of Indians.

Thomas Jefferson, president of the United States of America, by James Wilkinson, of the state of Maryland, brigadier general in the army of the United States, Benjamin Hawkins, of North-Carolina, and Andrew Pickens, of South-Carolina, commissioners plenipotentiary of the United States, on the one part, and the Mingos, principal men and warriors of the Choctaw nation, representing the said nation in council assembled, on the other part, have entered into the following articles and conditions, viz.

Treaty with the Choctaws.

Art. 1. Whereas the United States in congress assembled, Reference to did, by their commissioners plenipotentiary, Benjamin Haw- the treaty of kins, Andrew Pickens, and Joseph Martin, at a treaty held with See ante, No. Hopewell. the chiefs and head men of the Choctaw nation at Hopewell, 1, of this chap. on the Keowee, the third day of January, in the year of our Lord one thousand seven hundred and eighty-six, give peace to the said nation, and receive it into the favor and protection of

the United States of America; it is agreed by the parties to The Choctaws these presents respectively, that the Choctaw nation, or such to continue un

tection of the

United States.

der the pro- part of it as may reside within the limits of the United States, shall be and continue under the care and protection of the said states; and that the mutual confidence and friendship which are hereby acknowledged to subsist between the contracting parties, shall be maintained and perpetuated.

The Choctaws

Direction of the way.

Art. 2. The Mingos, principal men, and warriors, of the consent to the Choctaw nation of Indians, do hereby give their free consent, opening of a that a convenient and durable wagon way may be explored, wagon way, marked, opened, and made, under the orders and instructions of the president of the United States, through their lands; to commence at the northern extremity of the settlements of the Mississippi territory, and to be extended from thence, by such route as may be selected and surveyed under the authority of the president of the United States, until it shall strike the lands claimed by the Chickasaw nation; and the same shall be and continue for ever, a highway for the citizens of the United States and the Choctaws; and the said Choctaws shall nominate two discreet men from their nation, who may be employed as assist in laying assistants, guides, or pilots, during the time of laying out and opening the said highway, or so long as may be deemed expedient, under the direction of the officer charged with this duty, who shall receive a reasonable compensation for their ser

A highway forever.

Choctaws to

out the way.

ish line of de

dary line be

on the Missis

vices.

Art. 3. The two contracting parties covenant and agree, that The old Brit- the old line of demarcation heretofore established by and bemarcation, to tween the officers of his Britannic majesty and the Choctaw nabe the boun- tion, which runs in a parallel direction with the Mississippi tween the river, and eastward thereof, shall be retraced and plainly markChoctaws and ed, in such way and manner as the president may direct, in the the Mississippi territory. presence of two persons to be appointed by the said nation; and that the said line shall be the boundary between the settlements Relinquish of the Mississippi territory and the Choctaw nation. And the ment of land said nation does, by these presents, relinquish to the United States and quit claim forever, all their right, title, and pretension, to the land lying between the said line and the Missis sippi river, bounded south by the thirty-first degree of north latitude, and north by the Yazoo river, where the said line shall strike the same; and on the part of the commissioners it is agreed, that all persons who may be settled beyond this line shall be removed within it, on the side towards the Mississippi, together with their slaves, household furniture, tools, materials, and stock, and that the cabins or houses erected by such persons shall be demolished.

sippi river, to the U. States.

Persons set tled beyond

the Choctaw

line, to be re

moved.

The execution

of the art

cle discretionary with the

Art. 4. The president of the United States may, at his discretion, proceed to execute the second article of this treaty ; and the third articlet shall be carried into effect as soon as may

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ried into effect

as soon as con

be convenient to the government of the United States, and president: the without unnecessary delay on the one part or the other, of Sd to be carwhich the president shall be the judge; the Choctaws to be seasonably advised, by order of the president of the United venient. States, of the time when, and the place where, the re-survey and re-marking of the old line referred to in the preceding article will be commenced.

to the Choc

Art. 5. The commissioners of the United States, for and in The United consideration of the foregoing concessions on the part of the States deliver Choctaw nation, and in full satisfaction for the same, do give taws goods to and deliver to the Mingos, chiefs, and warriors, of the said na- the amount of tion, at the signing of these presents, the value of two thou- $2,000. sand dollars in goods and merchandise, net cost of Philadel- Three sets of phia, the receipt whereof is hereby acknowledged, and they blacksmith's further engage to give three sets of blacksmith's tools to the tools. said nation.

Art. 6. This treaty shall take effect and be obligatory on This treaty to the contracting parties, as soon as the same shall be ratified by take effect as the president of the United States of America, by and with fied. the advice and consent of the senate thereof.

In testimony whereof, the commissioners plenipotentiary of the United States, and the Mingos, principal men, and warriors, of the Choctaw nation, have hereto subscribed their names and affixed their seals, at fort Adams, on the Mississippi, this seventeenth day of December, in the year of our Lord one thousand eight hundred and one, and of the independence of the United States the twenty-sixth.

James Wilkinson,

soon as rati

1. s.

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Witnesses present:

Alexander Macomb, jun. secretary to the commission,

John M'Kee, deputy superintendent, and agent to the Choctaws,

Henry Gaither, lieutenant colonel commandant,

John H. Brull, major second regiment infantry,

Bw. Shaumburgh, captain second regiment infantry,

Frans. Jones, assistant quarter master general,

Benjamin Wilkinson, lieutenant and paymaster third United States' regiment,
J. B. Walback, aid de camp to the commanding general,

J. Wilson, lieutenant third regiment infantry,

Samuel Jeton, lieutenant second regiment of artillery and engineers,
John F. Carmichael, surgeon third regiment United States' army.

Convention

with the Choc

taws.

Mutual ac

No. 3. A provisional convention entered into and made by brigadier general James Wilkinson, of the state of Maryland, commissioner for holding conferences with the Indians south of the Ohio river, in behalf of the United States, on the one part, and the whole Choctaw nation, by their chiefs, head men, and principal warriors, on the other part.

PREAMBLE: For the mutual accommodation of the parties, commodation and to perpetuate that concord and friendship, which so haption of con- pily subsists between them, they do hereby freely, voluntarily, and without constraint, covenant and agree:

and perpetua

cord.

The president may, by commissioners, re

trace the old

limits.

Direction of that line.

Art. 1. That the president of the United States may, at his discretion, by a commissioner or commissioners, to be appointed by him, by and with the advice and consent of the senate British line of of the United States, retrace, connect, and plainly re-mark the old line of limits, established by and between his Britannic majesty and the said Choctaw nation, which begins on the left bank of the Chickasawhay river, and runs thence in an easterly direction to the right bank of the Tombigbee river, terminating on the same, at a bluff, well known by the name Two Choctaw of Hacha Tiggeby; but it is to be clearly understood, that two commissioners commissioners, to be appointed by the said nation, from their own body, are to attend the commissioner or commissioners of the United States who may be appointed to perform this service, for which purpose the said Choctaw nation shall be seasonably advised by the president of the United States, of the particular period at which the operation may be commenced, and the said Choctaw commissioners shall be subsisted by the United States, so long as they may be engaged on this business, and paid for their services, during the said term, at the rate of one dollar per day.

to attend.

The old Brit

ish line, when re-established, to form the boundary.

Art. 2. The said line, when thus re-marked and re-established, shall form the boundary between the United States and the said Choctaw nation, in that quarter: and the said Choctaw nation, for, and in consideration of one dollar, to them in hand paid by the said United States, the receipt whereof is hereby acknowledged, do hereby release to the said United States, and Quit claim of quit claim for ever, to all that tract of land which is included by the before named line on the north, by the Chickasawhay land here de- river on the west, by the Tombigbee and the Mobile rivers on scribed. the east, and by the boundary of the United States on the south.

the Choctaws to a tract of

The head men

Art. 3. The chiefs, head men, and warriors, of the said of the upper Choctaw nation, do hereby constitute, authorize, and appoint,

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