« ForrigeFortsett »
ed States, and the Cherokee nation, by the chiefs and warriors, representing the said nation, have agreed to the following articles, namely i
ARTICLE I. The peace and friendship subsisting between the United States and the Cherokee people, are hereby renewed, continued and declared perpetual. ARTICLE II.
The treaties subsisting between the present contracting parties, are acknowledged to be of full and operating force ; together with the construction and usage under their respective articles, and so to continue. ARTICLE III. The limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties, shall be and remain the same, where not altered by the present treaty. ARTICLE IV. In acknowledgment for the protection of the United States, and for the considerations herein after expressed and contained, the Cherokee nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and lines, viz. From a point on the Tennessee river, below Tellico block-house, called the Wildcat Rock, in a diretl line to the Militia spring, near the Mary-ville road leading from Tellico. From the said spring to the Chill-howie mountain, by a line so to be run, as will leave all the farms on N'.:ic-mile Creek to the northward and eastward of it; and to be continued along Chill-howie mountain, until it strikes Hawkins's line. Thence along the said line to the great Iron mountain ; and from the top of which a line to be continued in a south-eastwardly course to where the mo.t southwardly branch of Little river crosses the divisional line to Tulgaloe river: From the place of beginning, the Wildcat Rock, down the north-east margin of the Tennessee river (not including islands) to a point or place one mile above the junction of that river with the Clinch, and from thence by a line to be drawn in a right angle, until it interseels Hawkins's line leading from Clinch. Thence down the said line to the river Clinch; thence up the said river to its junction with Emmery's river; and thence up Emmery's river to the foot of Cumberland mountain. From thence a line to be drawn, north-eastwardly, along the foot of the mountain, until it intersects with Campbell's line.
ARTICLE V. To prevent all future misunderstanding about the line described in the foregoing article, two commissioners shall be appointed to superintend the running and marking the same, where not ascertained by the rivers, immediately alter signing this treaty; one to be appointed by the commissioners of the United Stites, ami the other by the Cherokee* nation ; and who shall cause three maps or charts thereof to be made out; one whereof shall be transmitted and deposited in the war-office of the United States ; another with the executive of the state of Tennessee, and the third with the Cherokee nation, which said line shall form a part of the boundary between the United States and the Chc« rokee nation. ARTICLE VI.
In consideration of the relinquishment and cession hereby made, the United States upon signing the present treaty, shall cause to be delivered to the Cherokees, goods, wares and merchandise, to the am.ouL.t. of five thousand dollars, and shall cause to be delivered, annually, other goods, to the amount of one thousand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country forever, as made and contained in former treaties. ARTICLE VII. The Cherokee nation agree, that the Kentucky road, running between the Cumberland mountain and the Cumberland river, where the same shall pass through the Indian land, shall bean open and free road for the use of the citizens of the United States in the like manner as the road from Southwest point to Cumberland river. In consideration of which it is hereby agreed on the part of liie United States, that until settlement shall make it improper, the Cherokee hunters shall be at liberty to hunt and take game upon the lands relinquished and ceded by this treaty.
ARTICLE VIII. Due notice shall be given to the principal towns of the Cherokees, of the time proposed for delivering the annual stipends; and sufficient supplies of provisions shall be furnished, by and at the expense of the United States, to subsist such reasonable number that may be sent, or shall attend to receive them during a reasonable time. ARTICLE IX. It is mutually agreed between t;ie parties, that horses stolen and not returned within ninety days, shall be paid for at the rate of sixty dollars each ; if stolen by a white man, citizen of th« United States, the Indian proprietor shall be paid in cash ; and if stolen by an Indian from a citizen, to be deducted as expressed in the fourth article of the treaty of Philadelphia.—Tins article shall nave retrospect to the commencement of liie first conferences at this place in the present year, and no further. And all animosities, aggressions, thefts and plunderings, prior to that day shall cease, and be no longer remembered or demanded on either side.
ARTICLE X. The Cherokee nation agree, that the agent who shall lie appointed to reside among them from time to time, shall have a sufficient piece of ground allotted for his temporary use.
And lastly, This treaty, and the several articles it contains, shall be considered as additional to, and forming a part of, treaties already subsisting between the L'nited States and the Cherokee nation, and shall be carried into ert'cCl on both sides, with all gcod faith as soon as the same Siiall be approved and ratified by the President of the United States, and the Senate thereof.*
* February 25, I 799, far tne purpose of defraying the expenses vihich may arise in carrying intm tjfecr the following treaties, v'\7.. A treaty wiide iLith the Creeks, at iXetv- i\rk, April y, 1 7^0, and a further trsa-y ivith the said Creeks, made at Colerain, June 29, 17^6 • A treaty m.ide luith the Six Nations, November \\, 179 \ : An agreement made -with the Lhickataius in Philadelphia, 'July 1 5, 1794, to pay to the said nation goods to the amount of three thousand d.Lart annually ; A.il the treaty made at Teiliro, nuith tie Ciciokcci, Oilober 2, 1798—and a tieaiy of ihlston, mentioned :n the same : So much money as nt.ty be nectss.iry is pledged and apprcpria eJ for the payment of the annuities stipulated therein, so lo7tr as thty shall be in forte : yon J a further sum oj ten thousand dollars to defray the tost of transportation and other contingent charges.
Sec vol. iv. p. 258.
Strticics of a %tmty
Concluded at Hopewell, on the Keoivee, near Seneca Old Town, on the thirl day of January, in the year of our Lord one thousand seren hundred and eighty-six, between Benjamin Hawkins, Andrew Pickens unci Joseph ^lartin, Commissioners plenipotentiary of tat United States of America, of the tne part; and Yockonahonia, great Medal Chief of Sotr.acoha; YockahoopoP', leading Chief of Bugtoogsloo; Mingohoopoie, leading Chief of hashcoqua; 'l(A)OCol\,greut Medal Chief of Ccngetno ; Poosho mastubie, Gorget Captain of Senayazo; and thirteen small Medal Chief % sf the first Class, twelve Medal and Gorget Captains, Commissioners plenipotentiary of all the Choctaw Nation, of the other part.
rT"MIE Commissioners Plenipotentiary of the United States of AraeJL rica give peace to ail the Choctaw na'ion, and receive then int» 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 Choclaw 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 tiie Choclaw nation.
ARTICLE II. The Commissioners Plenipotentiary of all the Choclaw nation, do hereby acknowledge the tribes and towns of the said nation, and the lane's with the boundary allotted to the said Indians to live and hunt en, as mentioned in the third article, to be under the protection of the United States of America, andof no other sovereign whosoever.
ARTICLE III. The boundary of the lands hereby allotted to the Choclaw 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 thirtyhrst degree of north latitude, where the Eastern boundary of the Notches 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 eightytwo, 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: Savi.ig 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 governwMl,* of the United St.-.tcs of America.
If any citizen of trie United States, or other person not being an Infliah, 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 accordingto the ordinances ofthe 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 ofthe 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 oi such intended punishment, shall be sent to some one of the tribes.
It isunderstood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall not be practised on cither 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 ofthe 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 JX.
Until the pleasure of Congress be known, respecting the eighth article, all traders, citizens ofthe United States of America, shall have liberty to go to any of the tribes or towns of the Cnoct.ivvs, 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 ofthe 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 interest ofthe United States of America.
The hatchet shall be forever buried and the peace given by the United States of America, and friendship re-established between ti-.e said states on the one part, and all the Choctaw nation on the other part, shall be universal; and the contracting parties snail use their utmost endeavors to maintain the peace e;ivenas aforesaid, and friendship re-established.
% %vmv of fxitnbtyip, limits anO ^ccommotiatioit,
Between the United States of America, andthe Choctaw Nation of Indians.
THOMAS JEFFERSON, president of the United States of America, by Jumes Wilkinson, of the st^ls of Maryland, brigadkrgencral in tne army of the United Slates, Benjamin Hawkins, of NorthCarolina, and Andrew Pickens, of South-Carolina, commissioner*plenipotentiary of the United States on the one part, and the ;\!ing^, principal men and warriors of the Choctaw nation, representing the said nation in council assembled, on the other part, have entered into the following articles and conditions, viz. #
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 ra;n ot the Cho':taw nation, at Hopewell, on the keowee, the third day of January, in the year of our Lord one thousand seven hundred and eightysix, give peace to the said nation, 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 Choctaw nation, or such part of it as may reside within the limits of the United States, shall be aud continue under the care and protection of the said States; and that th: mutual confidence and friendship which are hereby acknowledged to subsist between the contracting parties, shall be maintained and perpetuated. ARTICLE II.
The Mingos, principal men and warriors of the Choctaw nationof Indians, do hereby give their free consent, that a convenient and durable waggon-way 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 settlement of the Missisippi Territory, and to be extended from thence, by such route as maybe 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 highway for the citizens of the United States andthe Choelaws ; and the said Choctaws shall nominate two discreet men from their nation who Cut, be employed as assistants, guides or pilots during the time of laying out and opening the said highway, or so long as may be deemed expedient, under the direction of the oiheer charged with this duty, wt-o shall receive a reasonable compensation for their services.
The two contracting parties covenant and agree that the old line of demarcation hereafter established by and between the officers of his Britannic Majesty ami the Choctaw nation which run in a parallel direction with Uvc Missisippi river and eastward thereof, shall be retraced and plai.dy marked, in such way and manner as the president maj 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 settle