Choctaw Treaty of 1786
(Treaty of Hopewell)
Marker on
U.S. 61 at the Tunica-Coahoma County Line
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 of Yockonahoma, great Medal Chief of Soonacoha; Yockehoopoie,
leading Chief of Bugtoogoloo; Mingo-hoopoie, leading Chief of Hashooqua;
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
State 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 friend
ship 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, [L. S.]
Andrew Pickens, [L. S.]
Jos. Martin, [L. S.]
Yockenahoma, his x mark, [L. S.]
Yockehoopoie, his x mark, [L. S.]
Mingohoopoie, his x mark, [L. S.]
Tobocoh, his x mark, [L. S.]
Pooshemastuby, his x mark, [L. S.]
Pooshahooma, his x mark, [L. S.]
Tuscoonoohoopoie, his x mark, [L. S.]
Shinshemastuby, his x mark, [L. S.]
Yoopahooma, his x mark, [L. S.]
Stoonokoohoopoie, his x mark, [L. S.]
Tehakuhbay, his x mark, [L. S.]
Pooshemastuby, his x mark, [L. S.]
Tuskkahoomoih, his x mark, [L. S.]
Tushkahoomock, his x mark, [L. S.]
Yoostenochla, his x mark, [L. S.]
Tootehooma, his x mark, [L. S.]
Toobenohoomoch, his x mark, [L. S.]
Cshecoopoohoomoch, his x mark, [L. S.]
Stonakoohoopoie, his x mark, [L. S.]
Tushkoheegohta, his x mark, [L. S.]
Teshuhenochloch, his x mark, [L. S.]
Pooshonaltla, his x mark, [L. S.]
Okanconnooba, his x mark, [L. S.]
Autoonachuba, his x mark, [L. S.]
Pangehooloch, his x mark, [L. S.]
Steabee, his x mark, [L. S.]
Tenetchenna, his x mark, [L. S.]
Tushkementahock, his x mark, [L. S.]
Tushtallay, his x mark, [L. S.]
Cshnaangchabba, his x mark, [L. S.]
Cunnopoie, his x mark, [L. S.]
Witness:
Wm. Blount,
John Woods,
Saml. Taylor,
Robert Anderson,
Benj. Lawrence.
John Pitchlynn,
James Cole,
Interpreters.
