22
TREATY WITH THE CHOCTAWS. 1786.
Indians to de-liver up crimi-nals.
Retaliation
restrained.
Special provi-sion for trade.
district shall touch the same; thence east along the said thirty-firstdegree of north latitude, being the southern boundary of the UnitedStates of America , untill it shall strike the eastern boundary of thelands on which the Indians of the said nation did live and hunt on thetwenty-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 meetthe northern boundary of the said lands; thence westerly along the saidnorthern boundary, untill it shall meet the western boundary thereof;thence southerly along the same to the beginning: saving and reservingfor the establishment of trading posts, three tracts or parcels of land ofsix miles square each, at such places as the United [States] in Congress assembled shall think proper; which posts, and the lands annexed tothem, shall be to the use and under the government of the United Statesof America .
ARTICLE IY.
If any citizen of the United States , or other person not being anIndian, shall attempt to settle on any of the lands hereby allotted to theIndians to live and hunt on, such person shall forfeit the protection ofthe United States of America , and the Indians may punish him or notas they please.
ARTICLE V.
If any Indian or Indians, or persons, residing among them, or whoshall take refuge in their nation, shall commit a robbery or murder orother capital crime on any citizen of the United States of America , orperson under their protection, the tribe to which such offender maybelong, or the nation, shall be bound to deliver him or them up to bepunished according to the ordinances of the United States in Congressassembled: Provided, that the punishment shall not be greater than ifthe robbery or murder, or other capital crime, had been committed bya citizen on a citizen.
ARTICLE VI.
If any citizen of the United States of America , or person under theirprotection, shall commit a robbery or murder, or other capital crime,on any Indian, such offender or offenders shall be punished in the samemanner as if the robbery or murder, or other capital crime, had beencommitted 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 attendat 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 ideaof retaliation, is unjust, and shall not be practised on either side, exceptwhere there is a manifest violation of this treaty; and then it shall bepreceded, 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 ofinjuries or oppressions on the part of the citizens or Indians, the UnitedStates in Congress assembled, shall have the sole and exclusive right ofregulating the trade with the Indians, and managing all their affairs insuch manner as they think proper.
ARTICLE IX.
Untill the pleasure of Congress be known, respecting the eightharticle, all traders, citizens of the United States of America , shall have