War of 1812 Era · 1801

Treaty with the Choctaws (Fort Adams), 1801

ID T-0022

Date 1801-12-17

Articles 1

Instrument Note

Parties

United States and the Choctaw Nation

Context

Executed at Fort Adams, Mississippi Territory on December 17, 1801. The Jefferson administration's southern strategy required road access through Choctaw territory as well as Chickasaw — the Natchez Trace needed rights-of-way from multiple nations. This instrument follows the same structure as T-0021.

Significance

Three articles. Article I grants the United States the right to open a road and establish stands through Choctaw territory between the Tennessee River and Natchez. Article II: the Choctaw retain the right to charge ferriage at river crossings. Article III: the instrument takes effect upon ratification by the Senate. The Choctaw received specific consideration — goods and cash — stated in the instrument. The Chickasaw treaty was signed six weeks earlier; this instrument completes the southern road corridor.

Legal Observation

Article II's ferriage provision is one of the few instances in the corpus where an Indian nation retained an explicit revenue right within a cession. The Choctaw could charge travelers for river crossings on the road they had granted. Whether that right was consistently honored by U.S. travelers is not determinable from the instrument itself.

TREATY WITH THE CHOCTAWS. 1801. Art. III. The commissioners of the United States may, if they deem it advisable, proceed immediately to carry the first

article i

nto opera- tion; and the treaty shall take effect and be obligatory on the contract- ing parties, as soon as the same shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States. In restimony whereof we, the plenipotentiaries, have hereunto sub- scribed our names and affixed our seals at Chickasaw Bluffs, the twenty-fourth of October, 1801. JA. WILKINSON, Brig. Genl., BENJAMIN HAWKINS, ANDW. PICKENS. Chinmimbe Mingco, William Glover, Immuttauhaw, Thomas Brown, Chummaube, William Colbert, W. C. George Colbert, Mooklushopoie, William M-Gillivray, Opoieolauhtau, Opiehoomuh, Teschoolaubtau, Olohtohopoie, Teschoolauhtau, Minkemattauhau, James Underwood. Tushkoopoie, Wirresses:—Samuel Mitchell, Agent to the Chickasaws. Malcom McGee, In- terpreter to the Chickasaws. William R. Bootes, Capt. of 3d Reg. and aid-de-camp. J. B. Walbach, Lieut. and aid-de-camp. J. Wilson, Lieut. 3d Regiment. To the Indian names are subjoined a mark and seal. A TREATY OF FRIENDSHIP, LIMITS AND ACCOMMO- Between the United States of America and the Chactaw nation of Indians. Tuomas Jerrerson, 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. Arr. I. Whereas the United States in Congress assembled, did by their commissioners Plenipotentiary, Benjamin Hawkins, Andrew Pick- ens, 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

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 6879–6952.