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Treaty of December 17, 1801
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Concluded December 17th, 1801, Between The Choctaw Nation And The United States.
Thomas Jefferson, President of the United States of America, by James Wilkerson, 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 Mingoes, principal men and; warriors of the Choctaw Nation, representing the said Nation in council assembled, on the other part, have entered into the following articles and conditions, viz.:
Article 1st. 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 Choctaw Nation at Hopewell, on the Keowee, Julie 30th, 1786, 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 Choctaw 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 United States; and that the mutual confidence and friendship which are hereby acknowledged to subsist between the contracting” parties, shall be maintained and perpetuated.
Article 2nd. The Mingoes, principal men, and warriors of the Choctaw Nation of Indians, do hereby give their free consent that a convenient and desirable 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 extend 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 forever, a highway for the citizens of the United States and the Choctaws; and the said Choctaws 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 highway, 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 3rd. The two contracting parties covenant and agree, that the old line of demarcation heretofore established by and between the officers of his Britannica Majesty and the Choctaw Nation, which runs in a parallel direction with the Mississippi river, and eastward thereof, shall be retraced and plainly marked, in such a 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 Choctaw Nation. And the said Nation does, by these presents, relinquish to the United States and quit claim forever, 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 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 toward the Mississippi, together with their slaves, household furniture, tools, materials, and stock, and the cabins or houses erected by such persons shall be demolished.
Article 4th. 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 judge; the Choctaws to be reasonably advised, by order of the President of the United States, of the time when, and the place where, the re-survey and remarking of the old line referred to in the preceding Article will be commenced.
Article 5th. The commissioners of the United States for and in consideration of the foregoing concessions on the part of the Choctaw Nation, and in full satisfaction, do give and deliver to the Mingoes, chiefs, and warriors, of the said Nation, at the signing of these presents, the value of $2,000 in goods and merchandise, net cost at Philadelphia, the receipt whereof is hereby acknowledged, and they further engage to give three sets of blacksmith tools to the said Nation.
Article 6th. This treaty shall take effect and be obligatory on the contracting parties, as 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 Mingoes, principal men, and warriors of the Choctaw nation, have hereto subscribed their names and affixed their seals, at Fort Adams, on the Mississippi, this the 17th day of December, 1801, and of the independence of the United States the 26.
Corruption: Tuskana Hopia, his x mark. Original: Tushka hopaii, Warrior of the War Chief.
Corruption: Toota Homo, his x mark. Original: Tobu hum ma, made red.
Corruption: Mingo Horn Massatubby, his x mark. Original: Miko humma ubi (i, as ih) Red chief killer.
This treaty was also signed by twenty-two other Choctaws, whose names are omitted.
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