INDIAN TREATIES
“INDIAN TREATIES 1770 to 1799” |
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| TREATY WITH THE DELAWARES, 1778. Sept. 17, 1778. | 7 Stat., 13. Margin Notes:
Articles of agreement and confederation, made and entered into by Andrew and Thomas Lewis, Esquires, Commissioners for, and in Behalf of the United States of North-America of the one Part, and Capt. White Eyes, Capt. John Kill Buck, Junior, and Capt. Pipe, Deputies and Chief Men of the Delaware Nation of the other Part.
ARTICLE I.
That all offences or acts of hostilities by one, or either of the contracting parties against the other, be mutually forgiven, and buried in the depth of oblivion, never more to be had in remembrance.
ARTICLE II.
That a perpetual peace and friendship shall from henceforth take place, and subsist between the contracting parties aforesaid, through all succeeding generations: and if either of the parties are engaged in a just and necessary war with any other nation or nations, that then each shall assist the other in due proportion to their abilities, till their enemies are brought to reasonable terms of accommodation: and that if either of them shall discover any hostile designs forming against the other, they shall give the earliest notice thereof, that timeous measures may be taken to prevent their ill effect.
ARTICLE III.
And whereas the United States are engaged in a just and necessary war, in defence and support of life, liberty and independence, against the King of England and his adherents, and as said King is yet possessed of several posts and forts on the lakes and other places, the reduction of which is of great importance to the peace and security of the contracting parties, and as the most practicable way for the troops of the United States to some of the posts and forts is by passing through the country of the Delaware nation, the aforesaid deputies, on behalf of themselves and their nation, do hereby stipulate and agree to give a free passage through their country to the troops aforesaid, and the same to conduct by the nearest and best ways to the posts, forts or towns of the enemies of the United States, affording to said troops such supplies of corn, meat, horses, or whatever may be in their power for the accommodation of such troops, on the commanding officer’s, &c. paying, or engageing to pay, the full value of whatever they can supply them with. And the said deputies, on the behalf of their nation, engage to join the troops of the United States aforesaid, with such a number of their best and most expert warriors as they can spare, consistent with their own safety, and act in concert with them; and for the better security of the old men, women and children of the aforesaid nation, whilst their warriors are engaged against the common enemy, it is agreed on the part of the United States, that a fort of
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sufficient strength and capacity be built at the expense of the said States, with such assistance as it may be in the power of the said Delaware Nation to give, in the most convenient place, and advantageous situation, as shall be agreed on by the commanding officer of the troops aforesaid, with the advice and concurrence of the deputies of the aforesaid Delaware Nation, which fort shall be garrisoned by such a number of the troops of the United States, as the commanding officer can spare for the present, and hereafter by such numbers, as the wise men of the United States in council, shall think most conducive to the common good.
ARTICLE IV.
For the better security of the peace and friendship now entered into by the contracting parties, against all infractions of the same by the citizens of either party, to the prejudice of the other, neither party shall proceed to the infliction of punishments on the citizens of the other, otherwise than by securing the offender or offenders by imprisonment, or any other competent means, till a fair and impartial trial can be had by judges or juries of both parties, as near as can be to the laws, customs and usages of the contracting parties and natural justice: The mode of such trials to be hereafter fixed by the wise men of the United States in Congress assembled, with the assistance of such deputies of the Delaware nation, as may be appointed to act in concert with them in adjusting this matter to their mutual liking. And it is further agreed between the parties aforesaid, that neither shall entertain or give countenance to the enemies of the other, or protect in their respective states, criminal fugitives, servants or slaves, but the same to apprehend, and secure and deliver to the State or States, to which such enemies, criminals, servants or slaves respectively belong.
ARTICLE V.
Whereas the confederation entered into by the Delaware nation and the United States, renders the first dependent on the latter for all the articles of clothing, utensils and implements of war, and it is judged not only reasonable, but indispensably necessary, that the aforesaid Nation be supplied with such articles from time to time, as far as the United States may have it in their power, by a well-regulated trade, under the conduct of an intelligent, candid agent, with an adequate salary, one more influenced by the love of his country, and a constant attention to the duties of his department by promoting the common interest, than the sinister purposes of converting and binding all the duties of his office to his private emolument: Convinced of the necessity of such measures, the Commissioners of the United States, at the earnest solicitation of the deputies aforesaid, have engaged in behalf of the United States, that such a trade shall be afforded said nation, conducted on such principles of mutual interest as the wisdom of the United States in Congress assembled shall think most conducive to adopt for their mutual convenience.
ARTICLE VI.
Whereas the enemies of the United States have endeavored, by every artifice in their power, to possess the Indians in general with an opinion, that it is the design of the States aforesaid, to extirpate the Indians and take possession of their country: to obviate such false suggestion, the United States do engage to guarantee to the aforesaid nation of Delawares, and their heirs, all their territorial rights in the fullest and most ample manner, as it hath been bounded by former treaties, as long as they the said Delaware nation shall abide by, and hold fast the chain
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of friendship now entered into. And it is further agreed on between the contracting parties should it for the future be found conducive for the mutual interest of both parties to invite any other tribes who have been friends to the interest of the United States, to join the present confederation, and to form a state whereof the Delaware nation shall be the head, and have a representation in Congress: Provided, nothing contained in this article to be considered as conclusive until it meets with the approbation of Congress. And it is also the intent and meaning of this article, that no protection or countenance shall be afforded to any who are at present our enemies, by which they might escape the punishment they deserve.
In witness whereof, the parties have hereunto interchangeably set their hands and seals, at Fort Pitt, September seventeenth, anno Domini one thousand seven hundred and seventy-eight.
Andrew Lewis, [L. S.]
Thomas Lewis, [L. S.]
White Eyes, his x mark, [L. S.]
The Pipe, his x mark, [L. S.]
John Kill Buck, his x mark, [L. S.]
In presence of—
Lach’n McIntosh, brigadier-general, commander the Western Department.
Daniel Brodhead, colonel Eighth Pennsylvania Regiment,
W. Crawford, colonel,
John Campbell,
John Stephenson,
John Gibson, colonel Thirteenth Virginia Regiment,
A. Graham, brigade major,
Lach. McIntosh, jr., major brigade,
Benjamin Mills,
Joseph L. Finley, captain Eighth Pennsylvania Regiment,
John Finley, captain Eighth Pennsylvania Regiment.
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| TREATY WITH THE SIX NATIONS, 1784. Oct. 22, 1784. | 7 Stat., 15. Articles concluded at Fort Stanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, between Oliver Wolcott, Richard Butler, and Arthur Lee, Commissioners Plenipotentiary from the United States, in Congress assembled, on the one Part, and the Sachems and Warriors of the Six Nations, on the other.
The United States of America give peace to the Senecas, Mohawks, Onondagas and Cayugas, and receive them into their protection upon the following conditions:
ARTICLE I.
Six hostages shall be immediately delivered to the commissioners by the said nations, to remain in possession of the United States, till all the prisoners, white and black, which were taken by the said Senecas, Mohawks, Onondagas and Cayugas, or by any of them, in the late war, from among the people of the United States, shall be delivered up.
ARTICLE II.
The Oneida and Tuscarora nations shall be secured in the possession of the lands on which they are settled.
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ARTICLE III.
A line shall be drawn, beginning at the mouth of a creek about four miles east of Niagara, called Oyonwayea, or Johnston’s Landing-Place, upon the lake named by the Indians Oswego, and by us Ontario; from thence southerly in a direction always four miles east of the carrying-path, between Lake Erie and Ontario, to the mouth of Tehoseroron or Buffaloe Creek on Lake Erie; thence south to the north boundary of the state of Pennsylvania; thence west to the end of the said north boundary; thence south along the west boundary of the said state, to the river Ohio; the said line from the mouth of the Oyonwayea to the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all claims to the country west of the said boundary, and then they shall be secured in the peaceful possession of the lands they inhabit east and north of the same, reserving only six miles square round the fort of Oswego, to the United States, for the support of the same.
ARTICLE IV.
The Commissioners of the United States, in consideration of the present circumstances of the Six Nations, and in execution of the humane and liberal views of the United States upon the signing of the above articles, will order goods to be delivered to the said Six Nations for their use and comfort.
Oliver Wolcott, [L. S.]
Richard Butler, [L. S.]
Arthur Lee, [L. S.]
Mohawks:
Onogwendahonji, his x mark, [L. S.]
Touighnatogon, his x mark, [L. S.]
Onondagas:
Oheadarighton, his x mark, [L. S.]
Kendarindgon, his x mark, [L. S.]
Senekas:
Tayagonendagighti, his x mark, [L. S.]
Tehonwaeaghrigagi, his x mark, [L. S.]
Oneidas:
Otyadonenghti, his x mark, [L. S.]
Dagaheari, his x mark, [L. S.]
Cayuga:
Oraghgoanendagen, his x mark, [L. S.]
Tuscaroras:
Ononghsawenghti, his x mark, [L. S.]
Tharondawagon, his x mark, [L. S.]
Seneka Abeal:
Kayenthoghke, his x mark, [L. S.]
Witnesses:
Sam. Jo. Atlee,
Wm. Maclay,
Fras. Johnston,
Pennsylvania Commissioners.
Aaron Hill,
Alexander Campbell,
Saml. Kirkland, missionary,
James Dean,
Saml. Montgomery,
Derick Lane, captain,
John Mercer, lieutenant,
William Pennington, lieutenant,
Mahlon Hord, ensign,
Hugh Peebles.
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| TREATY WITH THE WYANDOT, ETC., 1785. Jan. 21, 1785. | 7 Stat., 16. Articles of a treaty concluded at Fort M’Intosh, the twenty-first day of January, one thousand seven hundred and eighty-five, between the Commissioners Plenipotentiary of the United States of America, of the one Part, and the Sachems and Warriors of the Wiandot, Delaware, Chippawa and Ottawa Nations of the other.
The Commissioners Plenipotentiary of the United States in Congress assembled, give peace to the Wiandot, Delaware, Chippewa and Ottawa nations of Indians, on the following conditions:
ARTICLE I.
Three chiefs, one from among the Wiandot, and two from among the Delaware nations, shall be delivered up to the Commissioners of
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the United States, to be by them retained till all the prisoners, white and black, taken by the said nations, or any of them, shall be restored.
ARTICLE II.
The said Indian nations do acknowledge themselves and all their tribes to be under the protection of the United States and of no other sovereign whatsoever.
ARTICLE III.
The boundary line between the United States and the Wiandot and Delaware nations, shall begin at the mouth of the river Cayahoga, and run thence up the said river to the portage between that and the Tuscarawas branch of Meskingum; then down the said branch to the forks at the crossing place above Fort Lawrence; then westerly to the portage of the Big Miami, which runs into the Ohio, at the mouth of which branch the fort stood which was taken by the French in one thousand seven hundred and fifty-two; then along the said portage to the Great Miami or Ome river, and down the south-east side of the same to its mouth; thence along the south shore of lake Erie, to the mouth of Cayahoga where it began.
ARTICLE IV.
The United States allot all the lands contained within the said lines to the Wiandot and Delaware nations, to live and to hunt on, and to such of the Ottawa nation as now live thereon; saving and reserving for the establishment of trading posts, six miles square at the mouth of Miami or Ome river, and the same at the portage on that branch of the Big Miami which runs into the Ohio, and the same on the lake of Sanduske where the fort formerly stood, and also two miles square on each side of the lower rapids of Sanduske river, which posts and the lands annexed to them, shall be to the use and under the government of the United States.
ARTICLE V.
If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands allotted to the Wiandot and Delaware nations in this treaty, except on the lands reserved to the United States in the preceding article, such person shall forfeit the protection of the United States, and the Indians may punish him as they please.
ARTICLE VI.
The Indians who sign this treaty, as well in behalf of all their tribes as of themselves, do acknowledge the lands east, south and west of the lines described in the third article, so far as the said Indians formerly claimed the same, to belong to the United States; and none of their tribes shall presume to settle upon the same, or any part of it.
ARTICLE VII.
The post of Detroit, with a district beginning at the mouth of the river Rosine, on the west end of lake Erie, and running west six miles up the southern bank of the said river, thence northerly and always six miles west of the strait, till it strikes the lake St. Clair, shall be also reserved to the sole use of the United States.
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ARTICLE VIII.
In the same manner the post of Michillimachenac with its dependencies, and twelve miles square about the same, shall be reserved to the use of the United States.
ARTICLE IX.
If any Indian or Indians shall commit a robbery or murder on any citizen of the United States, the tribe to which such offenders may belong, shall be bound to deliver them up at the nearest post, to be punished according to the ordinances of the United States.
ARTICLE X.
The Commissioners of the United States, in pursuance of the humane and liberal views of Congress, upon this treaty’s being signed, will direct goods to be distributed among the different tribes for their use and comfort.
SEPARATE ARTICLE.
It is agreed that the Delaware chiefs, Kelelamand or lieutenant-colonel Henry, Hengue Pushees or the Big Cat, Wicocalind or Captain White Eyes, who took up the hatchet for the United States, and their families, shall be received into the Delaware nation, in the same situation and rank as before the war, and enjoy their due portions of the lands given to the Wiandot and Delaware nations in this treaty, as fully as if they had not taken part with America, or as any other person or persons in the said nations.
Go. Clark, [L. S.]
Richard Butler, [L. S.]
Arthur Lee, [L. S.]
Daunghquat, his x mark, [L. S.]
Abraham Kuhn, his x mark, [L. S.]
Ottawerreri, his x mark, [L. S.]
Hobocan, his x mark, [L. S.]
Walendightun, his x mark, [L. S.]
Talapoxic, his x mark, [L. S.]
Wingenum, his x mark, [L. S.]
Packelant, his x mark, [L. S.]
Gingewanno, his x mark, [L. S.]
Waanoos, his x mark, [L. S.]
Konalawassee, his x mark, [L. S.]
Shawnaqum, his x mark, [L. S.]
Quecookkia, his x mark, [L. S.]
Witness:
Sam’l J. Atlee,
Fras. Johnston,
Pennsylvania Commissioners.
Alex. Campbell,
Jos. Harmar, lieutenant-colonel commandant.
Alex. Lowrey,
Joseph Nicholas, interpreter.
I. Bradford,
George Slaughter,
Van Swearingen,
John Boggs,
G. Evans,
D. Luckett,
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| TREATY WITH THE CHEROKEE, 1785. Nov. 28, 1785. | 7 Stat., 18. Articles concluded at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan M'Intosh, Commissioners Plenipotentiary of the United States of America, of the one Part, and the Head-Men and Warriors of all the Cherokees of the other.
The Commissioners Plenipotentiary of the United States, in Congress assembled, give peace to all the Cherokees, and receive them into the favor and protection of the United States of America, on the following conditions:
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ARTICLE I.
The Head-Men and Warriors of all the Cherokees shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty: 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 shall appoint.
ARTICLE II.
The Commissioners of the United States in Congress assembled, shall restore all the prisoners taken from the Indians, during the late war, to the Head-Men and Warriors of the Cherokees, as early as is practicable.
ARTICLE III.
The said Indians for themselves and their respective tribes and towns do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever.
ARTICLE IV.
The boundary allotted to the Cherokees for their hunting grounds, between the said Indians and the citizens of the United States, within the limits of the United States of America, is, and shall be the following, viz. Beginning at the mouth of Duck river, on the Tennessee; thence running north-east to the ridge dividing the waters running into Cumberland from those running into the Tennessee; thence eastwardly along the said ridge to a north-east line to be run, which shall strike the river Cumberland forty miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river; thence to Campbell's line, near Cumberland gap; thence to the mouth of Claud's creek on Holstein; thence to the Chimney-top mountain; thence to Camp-creek, near the mouth of Big Limestone, on Nolichuckey; thence a southerly course six miles to a mountain; thence south to the North-Carolina line; thence to the South-Carolina Indian boundary, and along the same south-west over the top of the Oconee mountain till it shall strike Tugaloo river; thence a direct line to the top of the Currohee mountain; thence to the head of the south fork of Oconee river.
ARTICLE V.
If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands westward or south-ward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please: Provided nevertheless, That this article shall not extend to the people settled between the fork of French Broad and Holstein rivers, whose particular situation shall be transmitted to the United States in Congress assembled for their decision thereon, which the Indians agree to abide by.
ARTICLE VI.
If any Indian or Indians, or person 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
[*10] under their protection, the nation, or the tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished according to the ordinances of the United States; 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 VII.
If any citizen of the United States, 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 murder or robbery, or other capital crime, had been committed on a citizen of the United States; and the punishment shall be in presence of some of the Cherokees, if any shall attend at the time and place, and that they may have an opportunity so to do, due notice of the time of such intended punishment shall be sent to some one of the tribes.
ARTICLE VIII.
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 IX.
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 X.
Until the pleasure of Congress be known, respecting the ninth article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Cherokees to trade with them, and they shall be protected in their persons and property, and kindly treated.
ARTICLE XI.
The said Indians shall give notice to the citizens of the United States, 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.
ARTICLE XII.
That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress.
ARTICLE XIII.
The hatchet shall be forever buried, and the peace given by the United States, and friendship re-established between the said states on the one part, and all the Cherokees on the other, shall be universal;
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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 Cherokees, 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 twenty-eighth of November, in the year of our Lord one thousand seven hundred and eighty-five.
Benjamin Hawkins, [L. S.]
And'w Pickens, [L. S.]
Jos. Martin, [L. S.]
Lach'n McIntosh Koatohee, or Corn Tassel of Toquo, his x mark, [L. S.]
Scholauetta, or Hanging Man of Chota, his x mark, [L. S.]
Tuskegatahu, or Long Fellow of Chistohoe, his x mark, [L. S.]
Ooskwha, or Abraham of Chilkowa, his x mark, [L. S.]
Kolakusta, or Prince of Noth, his x mark, [L. S.]
Newota, or the Gritzs of Chicamaga, his x mark, [L. S.]
Konatota, or the Rising Fawn of Highwassay, his x mark, [L. S.]
Tuckasee, or Young Terrapin of Allajoy, his x mark, [L. S.]
Toostaka, or the Waker of Oostanawa, his x mark, [L. S.]
Untoola, or Gun Rod of Seteco, his x mark, [L. S.]
Unsuokanail, Buffalo White Calf New Cussee, his x mark, [L. S.]
Kostayeak, or Sharp Fellow Wataga, his x mark, [L. S.]
Chonosta, of Cowe, his x mark, [L. S.]
Chescoonwho, Bird in Close of Tomotlug, his x mark, [L. S.]
Tuckasee, or Terrapin of Hightowa, his x mark, [L. S.]
Chesetoa, or the Rabbit of Tlacoa, his x mark, [L. S.]
Chesecotetona, or Yellow Bird of the Pine Log, his x mark, [L. S.]
Sketaloska, Second Man of Tillico, his x mark, [L. S.]
Chokasatahe, Chickasaw Killer Tasonta, his x mark, [L. S.]
Onanoota, of Koosoate, his x mark, [L. S.]
Ookoseta, or Sower Mush of Kooloque, his x mark, [L. S.]
Umatooetha, the Water Hunter Choikamawga, his x mark, [L. S.]
Wyuka, of Lookout Mountain, his x mark, [L. S.]
Tulco, or Tom of Chatuga, his x mark, [L. S.]
Will, of Akoha, his x mark, [L. S.]
Necatee, of Sawta, his x mark, [L. S.]
Amokontakona, Kutcloa, his x mark, [L. S.]
Kowetatahee, in Frog Town, his x mark, [L. S.]
Keukuck, Talcoa, his x mark, [L. S.]
Tulatiska, of Chaway, his x mark, [L. S.]
Wooaluka, the Waylayer, Chota, his x mark, [L. S.]
Tatliusta, or Porpoise of Tilassi, his x mark, [L. S.]
John, of Little Tallico, his x mark, [L. S.]
Skeleak, his x mark, [L. S.]
Akonoluchta, the Cabin, his x mark, [L. S.]
Cheanoka, of Kawetakac, his x mark, [L. S.]
Yellow Bird, his x mark, [L. S.]
Witness:
Wm. Blount,
Sam'l Taylor, Major.,
John Owen,
Jess. Walton,
Jno. Cowan, capt. comm'd't,
Thos. Gregg,
W. Hazzard.
James Madison,
Arthur Cooley,.
Sworn interpreters.
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| TREATY WITH THE CHOCTAW, 1786. Jan. 3, 1786. | 7 Stat., 21. 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 [*12] 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.
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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.]
[*14]
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.
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| TREATY WITH THE SHAWNEE, 1786. Jan. 31, 1786. | 7 Stat., 26. Articles of a Treaty concluded at the Mouth of the Great Miami, on the North-western Bank of the Ohio, the thirty-first day of January, one thousand seven hundred and eighty-six, between the Commissioners Plenipotentiary of the United States of America, of the one Part, and the Chiefs and Warriors of the Shawanoe Nation, of the other Part.
ARTICLE I.
THREE hostages shall be immediately delivered to the Commissioners, to remain in the possession of the United States until all the prisoners, white and black, taken in the late war from among the citizens of the United States, by the Shawanoe nation, or by any other Indian or Indians residing in their towns, shall be restored.
[*17]
ARTICLE II.
The Shawanoe nation do acknowledge the United States to be the sole and absolute sovereigns of all the territory ceded to them by a treaty of peace, made between them and the King of Great Britain, the fourteenth day of January, one thousand seven hundred and eighty-four.
ARTICLE III.
If any Indian or Indians of the Shawanoe nation, or any other Indian or Indians residing in their towns, shall commit murder or robbery on, or do any injury to the citizens of the United States, or any of them, that nation shall deliver such offender or offenders to the officer commanding the nearest post of the United States, to be punished according to the ordinances of Congress; and in like manner, any citizen of the United States, who shall do an injury to any Indian of the Shawanoe nation, or to any other Indian or Indians residing in their towns, and under their protection, shall be punished according to the laws of the United States.
The Shawanoe nation having knowledge of the intention of any nation or body of Indians to make war on the citizens of the United States, or of their counselling together for that purpose, and neglecting to give information thereof to the commanding officer of the nearest post of the United States, shall be considered as parties in such war, and be punished accordingly: and the United States shall in like manner inform the Shawanoes of any injury designed against them.
ARTICLE V.
The United States do grant peace to the Shawanoe nation, and do receive them into their friendship and protection.
ARTICLE VI.
The United States do allot to the Shawanoe nation, lands within their territory to live and hunt upon, beginning at the south line of the lands allotted to the Wiandots and Delaware nations, at the place where the main branch of the Great Miami, which falls into the Ohio, intersects said line; then down the river Miami, to the fork of that river, next below the old fort which was taken by the French in one thousand seven hundred and fifty-two; thence due west to the river de la Panse; then down that river to the river Wabash, beyond which lines none of the citizens of the United States shall settle, nor disturb the Shawanoes in their settlement and possessions; and the Shawanoes do relinquish to the United States, all title, or pretence of title, they ever had to the lands east, west and south, of the east, west and south lines before described.
ARTICLE VII.
If any citizen or citizens of the United States, shall presume to settle upon the lands allotted to the Shawanoes by this treaty, he or they shall be put out of the protection of the United States.
In testimony whereof, the parties hereunto have affixed their hands and seals, the day and year first above mentioned.
G. Clark, [L. S.]
Richard Butler, [L. S.]
Samuel H. Parsons, [L. S.]
Aweecony, his x mark, [L. S.]
Kakawipilathy, his x mark, [L. S.]
Malunthy, his x mark, [L. S.]
Musquaconocah, his x mark, [L. S.]
Meanymsecah, his x mark, [L. S.]
Waupaucowela, his x mark, [L. S.]
Nihipeewa, his x mark, [L. S.]
Nihinessicoe, his x mark, [L. S.]
[*18]
Attest:
Alexander Campbell, Secretary Commissioners.
Witnesses:
W. Finney, Maj. B. B.
Thos. Doyle, Capt. B. B.
Nathan McDowell, Ensign,
John Saffenger,
Henry Govy,
Kagy Galloway, his x mark,
John Boggs,
Samuel Montgomery,
Daniel Elliott,
James Rinker,
Nathaniel Smith,
Joseph Suffrein, his x mark, or Kemepemo Shawno,
Isaac Zane, (Wyandot) his x mark,
Capt. Pipe, of the Delawares, his x mark,
Capt. Bohongehelas, his x mark,
Tetebockshicka, his x mark,
The Big Cat of the Delawares, his x mark,
Pierre Droullar.
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