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CHOCTAW TREATY OF 1801 and HOPEWELL 1786

signed at Fort Adams


A treaty of friendship, limits and accommodation between the United States
of America and the Chactaw 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 Chactaw nation,
representing the said nation in council assembled, on the other part, have
entered into the following articles and conditions, viz:

ART. I. Whereas the United States in Congress assembled, did by their
commissioners Plenipotentiary, Benjamin Hawkins, Andrew Pickens, and Joseph
Martin, at a treaty held with the chiefs and head men of the Chactaw nation
at Hopewell, on the Keowe, 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 these presents respectively,
that the Chactaw nation, or such 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. /C/

ART. II. The Mingos principal men and warriors of the Chactaw nation of
Indians, do hereby give their free consent, that a convenient and durable
wagon way may be explored, 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 high-way for the citizens of the
United States and the Chactaws; and the said Chactaws shall nominate two
discreet men from their nation, /D/ who may be employed as assistants,
guides or pilots, during the time of laying out and opening the said
high-way, 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 services.

ART. III. The two contracting parties covenant and agree that the old line
of demarkation heretofore established by and between the officers of his
Britannic Majesty and the Chactaw nation, which runs in a parallel
direction with the Mississippi river and eastward thereof, shall be
retraced and plainly marked, in such way and manner as the President may
direct, in the presence of two persons to be appointed by the said nation;
and that the said line shall be the boundary between the settlements of the
Mississippi Territory and the Chactaw nation. And the said nation does by
these presents relinquish to the United States and quit claim for ever, all
their right, title and pretension to the land lying between the said line
and the Mississippi 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.

ART. IV. The President of the United States may, at his discretion, proceed
to execute the second article of this treaty; and the third article shall
be carried into effect as soon as may be convenient to the government of
the United States, and without unnecessary delay on the one part or the
other, of which the President shall be the judge; the Chactaws to be
seasonably advised, by order of the President of the United 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. /F/

ART. V. The commissioners of the United States, for and in consideration of
the foregoing concessions on the part of the Chactaw nation, and in full
satisfaction for the same, do give and deliver to the Mingos, chiefs and
warriors of the said nation, at the signing of these presents, the value of
two thousand dollars in goods and merchandise, net cost of Philadelphia,
the receipt whereof is hereby acknowledged; and they further engage to give
three sets of blacksmith's tools to the said nation. /G/

ART. VI. This treaty shall take effect and be obligatory on the contracting
parties, so soon as the same shall be ratified by the President of the
United States of America, by and with the advice and consent of the Senate
thereof. /H/

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, (L.S.)

Benjamin Hawkins, (L.S.)
Andrew Pickens, (L.S.)
Tuskona Hopoia, his x mark, (L.S.)
Toota Homo, his x mark, (L.S.)
Mingo Hom Massatubby, his x mark, (L.S.)
Oak Shumme, his x mark, (L.S.)
Mingo Pooscoos, his x mark, (L.S.)
Buckshun Nubby, his x mark, (L.S.)
Shappa Homo, his x mark, (L.S.)
Hiupa Homo, his x mark, (L.S.)
Illatalla Homo, his x mark, (L.S.)
Hoche Homo, his x mark, (L.S.)
Tuspena Chaabe, his x mark, (L.S.)
Muclusha Hopoia, his x mark, (L.S.)
Capputanne Thlucco, his x mark, (L.S.)
Robert McClure, his x mark, (L.S.)
Poosha Homo, his x mark, (L.S.)
Baka Lubbe, his x mark, (L.S.)

Witnesses present:
Alexander Macomb, jun. secretary to the commission,
John McKee, 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 Quartermaster General,
Benjamin Wilkinson, lieutenant and paymaster, Third United States Regiment,
J. B. Walbach, 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.
A/ Ratified April 30, 1802.
B/ Proclaimed May 4, 1802.
C/ Peace and friendship. D/
A wagon way to be made through Indian lands.
E/ Boundary.
F/ Indians to be notified of the time, etc., of resurvey.
G/ $2,000 delivered to the Indians, etc.
H/ Treaty, when to take effect.

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Created 11 January 1998