Early Republic · 1786

Treaty with the Choctaws, 1786

Concluded at Hopewell

ID T-0005

Date 1786-01-03

Articles 11

Instrument Note

Parties

United States and the Choctaw Nation

Context

Executed at Hopewell, South Carolina on January 3, 1786. The second of the Hopewell treaties, executed just six weeks after the Cherokee treaty by the same three U.S. commissioners: Hawkins, Pickens, and Martin. The Choctaw had largely remained neutral during the Revolution, maintaining trade relations with Britain through the Gulf ports.

Significance

Article III establishes the boundary between the Choctaw nation and U.S. territory — running east of the Tombigbee River and south through present-day Alabama and Mississippi. Article VII contains the protection formula. The Choctaw ceded no land in this treaty — the instrument confirmed existing territory rather than extinguishing it. That would change within fifteen years. The annuity mechanism does not yet appear; consideration consisted of goods delivered at signing.

Legal Observation

No cession. The Choctaw signed a peace and protection instrument that confirmed their existing territory and gave the U.S. exclusive jurisdiction over their external relations. Within twenty years, the first cession instruments would begin carving out road rights-of-way, then parcels, then the entirety of the eastern territory. The Hopewell treaty set the legal frame within which all of that would happen.

Concluded at Hopewell, on the Keowée, near Seneca Old Town, Jan. 3, 1786. between Benjamin Hawkins, Andrew Pickens and Joseph Mar- tin, Commissioners Plenipotentiary of the United States of America, of the one part; and Yockonahoma, great Medal Chief of Soonacoha; Yockehoopoie, leading Chief of Bug- toogoloo ; Mingohoopoie, leading Chief Z Hashooqua ; To- bocoh, great Medal Chief of Congetoo; Pooshemastubie, Gor- get Captain of Senayazo; and thirteen small Medal Chiefs of the first Class, twelve Medal and Gorget ae a Com- missioners Plenipotentiary of all the Choctaw Nation, of the other part. Tue Commissioners Plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favour and protection of the United States of America, on the following con- ditions :

ARTICLE I

The Commissioners Plenipotentiary of all the Choctaw nation, shall Indians to re- restore all the prisoners, citizens of the United States, or subjects of store prisoners. 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 I

The Commissioners Plenipotentiary of all the Choctaw nation, do hereby acknowledge the tribes and towns of the said nation, and the ledge the pro- lands within the boundary allotted to the said Indians to live and hunt tection of U.S. 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 Boundaries. No citizen of U.S. shall set- tle on Indian lands. Indians to de- liver up crimi- nals. Citizens of U.S. commit- ting crimes against Indians to be punished, restrained. U.S. to.regu- ate trade. Special provi- sion for trade. TREATY WITH THE CHOCTAWS. 1786. 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, untill 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, untill it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary, untill 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.

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 pun- ishment 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 practised 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 declara- tion 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. E

ARTICLE IX

Untill the pleasure of Congress be known, respecting the eighth article, all traders, citizens of the United States of America, shall have TREATY WITH THE CHOCTAWS. 1786. 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 States of America, of any designs which they may know or suspect to be formed in any neighbouring 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 endeavours to maintain the peace given as aforesaid, and friendship re-established. In wreness of all and every thing herein determined, between the United States of America and all the Choctaws, we, their under- written 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 Keowée, this third day of January, in the year of our Lord one thousand seven hundred and eighty-six. Benjamin Hawkins, Yoostenochha, Andw. Pickens, Tootehooma, Jos. Martin, Toobenohoomoch, Yockenahoma, Cshecoopoohoomoch, Yockehoopoie, Stonakoohoopoie, Mingohoopoie, Tushkoheegohba, Tobocoh, Teshuhenochloch, Pooshemastuby, Pooshonaltla, Pooshahooma, Okanconnooba, "'uscoonoohoopoie, Autoonachuba, Shinshemastuby, Pangokooloch, Yoopakooma, Steabee, Stoonokoohoopoie, Tenotehenna, Tebakuhbay, Tushkementahoch, Pooshemastuby, Tushtalla, Tuskkahoomoch, Cshuaangchabba, Tushkahoomoch, Cunnopoie. Wirness:—Wm. Blount, John Woods, Saml. Taylor, Robert Anderson, Benj. Lawrance, John Pitchlynn, James Cole, Interpreters, To the Indian names are subjoined a mark and seal, Indians to give notice of designs against U. S. Peace and friendship per- petual. Jan. 10, 1786. Indians to re- store prisoners and property. rotection of nited States, Boundaries.

Source: U.S. Statutes at Large, Vol. VII. Edited by Richard Peters, Esq. Boston: Charles C. Little and James Brown, 1846. Reprinted by Dennis & Co., Inc., Buffalo, N.Y., 1962. Source lines 2352–2606.