THOMAS JEFFERSON, President of the United States of America,
by James Wilkinson, of the state of Maryland, Brigadier-General
in the army of the United States, Benjamin Hawkins, of
North Carolina, and Andrew Pickens, of South Carolina,
commissioners plenipotentiary of the United States on the one
part, and the Mingos, principal men and warriors of the Chactaw
nation, representing the said nation in council assembled, on
the other part, have entered into the following articles and conditions,
viz:
ARTICLE 1. 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 men of the Chactaw nation at Hopewell,
on the Keowe, the third day of January, in the year of our Lord,
one thousand seven hundred and eighty-six, give peace to the said
nation, and 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 Chactaw nation, or such part of it as may
reside within the limits of the United States, shall be and continue
under the care and protection of the said States; and that the
mutual confidence and friendship which are hereby acknowledged
to subsist between the contracting parties shall be maintained
and perpetuated.
ARTICLE 2. The Mingos principal men and warriors of the
Chactaw nation of Indians, do hereby give their free consent,
that a convenient and durable wagon way may 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 settlements of the Mississippi Territory, and
to be extended from thence, by such route as may be 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 high-way for the
citizens of the United States and the Chactaws; and the said Chactaws
shall nominate two discreet men from their nation, who may be
employed as assistants, guides or pilots, during the time of laying
out and opening the said high-way, or so long as may be deemed
expedient, under the direction of the officer charged with this
duty, who shall receive a reasonable compensation for their services.
ARTICLE 3. The two contracting parties covenant and agree
that the old line of demarkation heretofore established by and
between the officers of his Britannic Majesty and the Chactaw
nation, which runs in a parallel direction with the Mississippi
river and eastward thereof, shall be retraced and plainly marked,
in such way and manner as the President may 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 settlements of the
Mississippi Territory and the Chactaw nation. And the said nation
does by these presents relinquish to the United States and quit
claim for ever, all their right, title and pretension to the land
lying between the said line and the Mississippi river, bounded
south by the thirty-first degree of north latitude, and north
by the Yazoo river, where the said line shall strike the same;
and on the part of the commissioners it is agreed, that all persons
who may be settled beyond this line, shall be removed within it,
on the side towards the Mississippi, together with their slaves,
household furniture, tools, materials and stock, and that the
cabins or houses erected by such persons shall be demolished.
ARTICLE 4. The President of the United States may, at
his discretion, proceed to execute the second article of this
treaty; and the third article shall be carried into effect as
soon as may be convenient to the government of the United States,
and without unnecessary delay on the one part or the other, of
which the President shall be the judge; the Chactaws to be seasonably
advised, by order of the President of the United States, of the
time when, and the place where, the re-survey and re-marking of
the old line referred to in the preceding article, will be commenced.
ARTICLE 5. The commissioners of the United States, for
and in consideration of the foregoing concessions on the part
of the Chactaw nation, and in full satisfaction for the same,
do give and deliver to the Mingos, chiefs and warriors of the
said nation, at the signing of these presents, the value of two
thousand dollars in goods and merchandise, net cost of Philadelphia,
the receipt whereof is hereby acknowledged; and they further engage
to give three sets of blacksmith's tools to the said nation.
ARTICLE 6. This treaty shall take effect and be obligatory
on the contracting parties, so soon as the same shall be ratified
by the President of the United States of America, by and with
the advice and consent of the Senate thereof.
In testimony whereof, the commissioners plenipotentiary of the
United States, and the Mingos, principal men, and warriors, of
the Choctaw nation, have hereto subscribed their names and affixed
their seals, at Fort Adams, on the Mississippi, this seventeenth
day of December, in the year of our Lord one thousand eight hundred
and one, and of the independence of the United States the twenty-sixth.
Tuskona Hopoia, his x mark,
Toota Homo, his x mark,
Mingo Hom Massatubby, his x mark,
Oak Shumme, his x mark,
Mingo Pooscoos, his x mark,
Buckshun Nubby, his x mark,
Shappa Homo, his x mark,
Hiupa Homo, his x mark,
Illatalla Homo, his x mark,
Hoehe Homo, his x mark,
Tuspena Chaabe, his x mark,
Muclusha Hopoia, his x mark,
Capputanne Thlueco, his x mark,
Robert McClure, his x mark,
Poosha Homo, his x mark,
Baka Lubbe, his x mark,
Witnesses present:
Alexander Macomb, jun. secretary to the commission,
John McKee, deputy superintendent, and agent to the Choctaws,
Henry Gaither, lieutenant colonel, commandant,
John H. Brull, major, Second Regiment Infantry,
Bw. Shaumburgh, captain, Second Regiment Infantry,
Frans. Jones, Assistant Quartermaster General
Benjamin Wilkinson, lieutenant and paymaster, Third United States Regiment,
J.B. Walbach, aid-de-camp to the commanding general,
J. Wilson, lieutenant, Third Regiment Infantry,
Samuel Jeton, lieutenant, Second Regiment of Artillery and Engineers,
John F. Carmichael, surgeon, Third Regiment United States Army.
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