Articles of a treaty concluded at Hopewell, on the Keowie, near Old Town, between Benjamin Hawkins, Andrew Pickens and Joseph Martin, Commissioners Plenipotentiary of the United States of America, of the one part; and Yockonahoma, great Medal Chief of the Soonacoha; Yockehoopoie, leading Chief of the Bugtoogoloo; Mingohoopoie, 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:
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.
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.
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.
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.
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 e trade with the Indians, and managing all their affairs in such manner as they think proper.
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.
The said Indians shall give notice to the citizens of the United States of America, of any designs which he may know or suspect to formed in any neighboring tribe, or by any person whosoever, against the peace, trade or interest of the United States of America.
The hatchet shall be forever buried, and the -peace between 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 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 eightv-six.
|Benjamin Hawkins, [L. S.]
Andrew Pickens, [L. S.]
Jos. Martin, [L. S.]
Tobocoh, his x mark, [L. S.]
|Yockenahoma, his x mark, [L. S.]
Yockehoopoie, his x mark, [L. S.]
Mingohoopoie, his x mark, [L. S.]
Cshecoopoohoomoch, his x mark, [L. S.]