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the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the punishment fhall be in prefence of fome of the Choctaws, if any will attend at the time and place; and that they may have an opportunity fo to do, due notice, if practicable, of the time of fuch intended punifhment, fhall be fent to fome one of the tribes.. ARTICLE VII.

Retaliation It is understood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall not be practifed on either fide, except where there is a manifeft violation of this treaty; and then it fhall be preceded, first by a demand of juftice, and if refufed, then by a declaration of hiftilities.

U. States

trade.

ARTICLE VIII.

For the benefit and comfort of the Indians, and for the prevention of injuries or opprefto regulate fions on the part of the citizens or Indians, the United States in Congrefs affembled, fhall have the fole and exclufive right of regulating the trade with the Indians, and managing all their affairs in fuch manner as they think proper.

Special

for trades

ARTICLE IX..

Until the pleasure of Congrefs be known, provifion refpecting the eighth article, all traders, citizens of the United States of America, fhall have liberty to go to any of the tribes or towns of the Choctaws, to trade with them, and they fhall be protected in their perfons and property, and kindly treated.

Indians to

give notice

ARTICLE X.

The faid Indians fhall give notice to the ciof defigas tizens of the United States of America, of any defigns which they may know or fufpect to be

against U. States.

formed in any neighbouring tribe, or by any perfon whofoever, against the peace, trade or intereft of the United States of America.

ARTICLE XI.

The hatchet shall be forever buried, and the Peace and peace given by the United States of America, friendship and friendship re-established between the faid perpetual. states on the one part, and all the Choctaw nation on the other part, fhall be univerfal; and the contracting parties fhall ufe their utmost endeavours to maintain the peace given as aforefaid, 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 un-
derwritten Commissioners, by virtue of our
full powers, have figned this definitive trea-
ty, and have caufed our feals to be hereun-
to affixed.

DONE at Hopewell, on the Keowee, this
third day of January, in the year of our
Lord one thousand feven hundred and
eighty-fix.

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Toopakooma,

his mark.

(L. s.)

Stoonokooboopoie, his mark. (L. s.)

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WITNESS: Wm. Blount, John Woods, Saml. Taylor, Robert Anderson, Benj. Lawrance, John Pitchlynn, James Cole, Inter, preters,

Articles of a Treaty

BETWEEN THE

UNITED STATES OF AMERICA,

AND THE

CHICKASAW S.

ORIGINAL.

i ARTICLES OF A TREATY, Concluded at Hopewell, on the Keowee, near Seneca Old Town, between Benjamin Hawkins, Andrew Pickens, and Jofeph Martin, Commiffioners Plenipotentiary of the United States of America, of the one Part; and Piomingo, Head Warrior and First Minister of the Chickafaw Nation; Mingatushka, one of the leading Chiefs; and Latopoia, first beloved Man of the faid Nation, Commiffioners Plenipotentiary of all the Chickafaws of the other Part.

TH

THE Commiffioners Plenipotentiary of the United States of America give peace to the Chickafaw Nation, and receive them into the favour and protection of the faid States, on the following conditions.

ARTICLE I.

foners and

The Commiffioners Plenipotentiary of the Chickafaw nation, fhall reftore all the prifon- In lians to ers, citizens of the United States, to their en- refore pritire liberty, if any there be in the Chickafaw nation. They fhall also restore all the negroes, and all other property taken during the late war, from the citizens; if any there be in the

property.

Acknow

tection of

U. S.

Chickafaw nation, to fuch perfon, and at fuck time and place, as the Commiffioners of the United States of America fhall appoint.

ARTICLE II.

The Commiffioners Plenipotentiary of the edge pro- Chickafaws, do hereby acknowledge the tribes and the towns of the Chickafaw nation, to be under the protection of the United States of America, and of no other fovereign whofoever. ARTICLE III.

Boundaries.

The boundary of the lands hereby allotted to the Chickafaw nation to live and hunt on, within the limits of the United States of America, is, and fhall be the following, viz. Beginning on the ridge that divides the waters running into the Cumberland, from those running into the Teneffee, at a point in a line to be run north-eaft, which fhall ftrike the Teneffee, at the mouth of Duck river; thence running westerly along the faid ridge, till it shall strike the Ohio; thence down the fouthern banks thereof to the Miffifippi; thence down the fame, to the Choctaw line of Natches diftrict; thence along the faid line, or the line of the district eastwardly as far as the Chickafaws claimed, and lived and hunted on, the twenty-ninth of November, one thousand seven hundred and eighty-two. Thence the faid boundary, eastwardly, fhall be the lands allotted to the Choctaws and Cherokees to live and hunt on, and the lands at prefent in the poffeffion of the Creeks; faving and referving for the establishment of a trading poft, a tract or parcel of land to be laid out at the lower post of the Muscle fhoals, at the mouth of Ocochappo, in a circle, the diameter of which fhall be five miles on the * river, which poft, and the lands annexed thereto, fhall

* The name of the River not in the original,

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