Articles of a treaty, concluded at Hopewell, on the Keowee, near Seneca
OldTown, between Benjamin Hawkins, Andrew Pickens, and Joseph
Martin,Commissioners Plenipotentiary of the United States of America, of
the onePart; and Piomingo, Head Warrior and First Minister of the
ChickasawNation; Mingatushka, one of the leading Chiefs; and Latopoia,
first belovedMan of the said Nation, Commissioners Plenipotentiary of
all theChickasaws, of the other Part.The Commissioners Plenipotentiary
of the United States of America givepeace to the Chickasaw Nation, and
receive them into the favor andprotection of the said States, on the
ARTICLE I.The Commissioners Plenipotentiary of the
Chickasaw nation, shall restoreall the prisoners, citizens of the United
to their entire liberty,if any there be in the Chickasaw nation. They
shall also restore all thenegroes, and all other property taken during
the late war, from thecitizens, if any there be in the Chickasaw nation,
to such person, and atsuch time and place, as the Commissioners of the
United States of Americashall 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.
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,
andshall be the following, viz. Beginning on the ridge that divides the
watersrunning into the Cumberland, from those running into the
Tennessee, at apoint in a line to be run north-east, which shall strike
the Tennesseeat the mouth of Duck river; thence run ning westerly
along the said ridge,till it shall strike the Ohio; thence down the
southern banks thereof tothe Mississippi; thence down the same, to the
Choctaw line or Natchesdistrict; thence along the said line, or the line
of the districteastwardly as far as the Chickasaws claimed, and lived
and hunted on, thetwenty-ninth of November, one thousand seven hundred
and eighty-two. Thencethe said boundary, eastwardly, shall be the lands
allotted to the Choctawsand Cherokees to live and hunt on, and the lands
at present in thepossession of the Creeks; saving and reserving for the
establishment of atrading post, a tract or parcel of land to be laid out
at the lower port ofthe Muscle shoals, at the mouth of Ocochappo, in a
circle, the diameter ofwhich shall be five miles on the /D/ river, which
post, and the landsannexed thereto, shall be to the use and under the
government of the UnitedStates 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 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 takerefuge in their nation, shall commit a robbery or
murder, or other capitalcrime, on any citizen of the United States, or
person under theirprotection, the tribe to which such offender or
offenders may belong, orthe nation, shall be bound to deliver him or
them up to be punishedaccording to the ordinances of the United States
in Congress assembled:Provided, that the punishment shall not be
greater, than if the robbery ormurder, or other capital crime, had been
committed by a citizen on acitizen. /F/
ARTICLE VI.If any citizen of the
United States of America, or person under theirprotection, 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. /H/
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 /I/ United States
in Congress assembled shall have the sole and exclusive rightof
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. /J/
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. /K/
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 the Chickasaw 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 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 be hereunto affixed.Done at Hopewell, on the Keowee, this tenth
day of January, in the year of our Lord one thousand seven hundred and
Benjamin Hawkins, (L.S.)
And'w. Pickens, (L.S.)
Piomingo, his x mark, (L.S.)
Mingatushka, his x mark,(L.S.)
Latopoia, his x mark, (L.S.)
James Cole, Sworn Interpreter.
A/ Indians to restore prisoners and property.
B/ Acknowledge protection of United States.
D/ Thename of the river is not in the original.
E/ No citizen of United States shall settle on Indian lands.
F/ Indians to deliver up criminals.
G/Citizens of United States committing crimes against Indians to be punished.
H/ Retaliation restrained.
I/ United States to regulate trade.
J/ Special provision for trade.
K/ Indians to give notice of designs against United States.
L/ Peace and friendship perpetual.