Treaty with The Chickasaw
January 10, 1786
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 Piomingo, Head Warrior
and First Minister of the Chickasaw Nation; Mingatushka, one
of the leading Chiefs; and Latopoia, first beloved Man of
the said Nation, Commissioners Plenipotentiary of all the
Chickasaws, of the other Part.
The Commissioners Plenipotentiary of the United States of
America give peace to the Chickasaw Nation, and receive them
into the favor and protection of the said States, on the following
conditions:
Article 1.
The Commissioners Plenipotentiary of the Chickasaw nation,
shall restore all the prisoners, citizens of the United States,
to their entire liberty, if any there be in the Chickasaw
nation. They shall also restore all the negroes, and all other
property taken during the late war, from the citizens, if
any there be in the Chickasaw nation, to such person, and
at such time and place, as the Commissioners of the United
States of America shall 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.
Article III.
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, and shall be the following, viz. Beginning
on the ridge that divides the waters running into the Cumberland,
from those running into the Tennessee, at a point in a line
to be run north-east, which shall strike the Tennessee at
the mouth of Duck river; thence running westerly along the
said ridge, till it shall strike the Ohio; thence down the
southern banks thereof to the Mississippi; thence down the
same, to the Choctaw line or Natches district; thence along
the said line, or the line of the district eastwardly as far
as the Chickasaws claimed, and lived and hunted on, the twenty-ninth
of November, one thousand seven hundred and eighty-two. Thence
the said boundary, eastwardly, shall be the lands allotted
to the Choctaws and Cherokees to live and hunt on, and the
lands at present in the possession of the Creeks; saving and
reserving for the establishment of a trading post, a tract
or parcel of land to be laid out at the lower port of the
Muscle shoals, at the mouth of Ocochappo, in a circle, the
diameter of which shall be five miles on the river, which
post, and the lands annexed thereto, 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 i 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 take refuge in their nation, shall commit a robbery
or murder, or other capital crime, on any citizen of the United
States, or person under their protection, the tribe to which
such offender or offenders 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 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.
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, 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.
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.
Article XI.
The hatchet shall he 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 universe: 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 he hereunto affixed.
Done at Hopewell, on the Keowee, this tenth day of January,
in the year of our Lord one thousand seven hundred and eighty-six.
- Benjamin Hawkins,
- And'w. Pickens,
- Jos. Martin,
- Piomingo, his x mark,
- Mingatushka, his x mark,
- Latopoia, his x mark,
Witness:
- Wm. Blount,
- Wm. Hazard,
- Sam. Taylor,
- James Cole, Sworn Interpreter.
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Native American Legends A-B