Early Republic · 1785

Treaty with the Cherokees, 1785

Concluded at Hopewell

ID T-0004

Date 1785-11-28

Articles 12

Instrument Note

Parties

United States and the Cherokee Nation

Context

Executed at Hopewell, South Carolina on November 28, 1785. The Hopewell treaties were the first federal treaties with southern nations. The Cherokee had been at war with frontier settlers across the Appalachian border throughout the Revolution. This is the post-war settlement — and it was negotiated under the Articles of Confederation, before the Constitution existed.

Significance

Article IV established what would become the permanent boundary dispute of the Cherokee nation for the next half century: a line that excluded existing settler encroachments from treaty protection. The United States acknowledged the encroachments but could not remove the settlers. The boundary existed on paper. Article XI gave the U.S. the right to manage trade and punish offenders — the earliest statement of what would become federal plenary power over Indian affairs. The protection formula appears in the preamble: the U.S. 'gives peace' and 'receives them into favour and protection.'

Legal Observation

Compare the opening language here with the Delaware treaty of 1778. There, the U.S. and Delaware entered as parties. Here, the U.S. gives peace and the Cherokee receive it. This framing shift — from mutual agreement to U.S. beneficence — tracks the collapse of the Articles of Confederation period's federal enforcement capacity. The U.S. could not remove settlers from Cherokee land, so it wrote a treaty instead.

ARTICLES Concluded at Hopewell, on the Keowee, between Benjamin Haw- kins, Andrew Pickens, Joseph Martin, and Lachlan M Intosh, Commissioners Plenipotentiary of the United States of America, of the one Part, and the Head-Men and Warriors of all the Cherokees of the other. Tae Commissioners Plenipotentiary of the United States, in Con- gress assembled, give peace to all the Cherokees, and receive them into the favour and protection of the United States of America, on the fol- lowing conditions :

ARTICLE I

The Head-Men and Warriors of all the Cherokees shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty: They shall also restore all the Negroes, and all other property taken during the late war from the citizens, to such per- son, and at such time and place, as the Commissioners shall appoint. ARTICLE H. The Commissioners of the United States in Congress assembled, shall restore all the prisoners taken from the Indians, during the late war, to the Head-Men and Warriors of the Cherokees, as early as is practicable. TREATY WITH THE CHEROKEES. 1785.

ARTICLE II

The said Indians for themselves and their respective tribes and towns do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign. whosoever.

ARTICLE IV

The boundary allotted to the Cherokees for their hunting grounds, between the said Indians and the citizens of the United States, within the limits of the United States of America, is, and shall be the following, viz. Beginning at the mouth of Duck river, on the Tennessee; thence running north-east to the ridge dividing the waters running into Cum- berland from those running into the Tennessee; thence eastwardly along the said ridge to a north-east line to be run, which shall strike the river Cumberland forty miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river ; thence to Campbell's line, near Cum- berland gap; thence to the mouth of Claud’s creek on Holstein; thence to the Chimney-top mountain; thence to Camp-creek, near the mouth of Big Limestone, on Nolichuckey ; thence a southerly course six miles to a mountain; thence south to the North-Carolina line; thence to the South-Carolina Indian boundary, and along the same south-west over the top of the Oconee mountain till it shall strike Tugaloo river; thence a direct line to the top of the Currohee mountain; thence to the head of the south fork of Oconee river.

ARTICLE V

If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands westward or south- ward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please: Provided nevertheless, That this article shall not extend to the people settled between the fork of French Broad and Holstein rivers, whose particular situation shall be trans- mitted to the United States in Congress assembled for their decision thereon, which the Indians agree to abide by.

ARTICLE VI

If any Indian or Indians, or person 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, or person under their protection, the nation, or the tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished according to the ordinances of the United States; Pro- vided, 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 VII

If any citizen of the United States, 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 murder or robbery, or other capital crime, had been committed on a citizen of the United States; and the punishment shall be in presence of some of the Cherokees, if any shall attend at the time and place, and that they may have an opportunity so to do, due notice of the time of such intended punishment shall be sent to some one of the tribes. Cherokees ac- knowledge pro- tection of U.S. Boundaries. No citizen of U. S. to settle : on Indian lands. Indians to de- liver up crimi- nals. Citizens of U. S. commit- ting crimes against Indians to be punished. prohibited. U.S. to regu- late trade. Special provi- sion for trade. Indians to give notice of designs against U. S, Indians may send deputy to Congress. Peace and friendship per- petual, TREATY WITH THE CHEROKEES, 1785.

ARTICLE VIII

Tt 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 decla- ration of hostilities.

ARTICLE IX

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.

ARTICLE X

Until the pleasure of Congress be known, respecting the ninth article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Cherokees to trade with them, and they shall be protected in their persons and property, and kindly treated.

ARTICLE XI

The said Indians shall give notice to the citizens of the United States, 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.

ARTICLE XII

That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress.

ARTICLE XIII

The hatchet shall be forever buried, and the peace given by the United States, and friendship re-established between the said states on the one part, and all the Cherokees on the other, shall be universal; and the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established. Ix wrrNEss of all and every thing herein determined, between the United States of America, and all the Cherokees, 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 Keowee, this twenty-eighth of November, in the year of our Lord one thousand seven hundred and eighty-five. Tuckasee, or Young Tarrapin of Allajoy. Toostaka, or the Waker of Oostanawa, Untoola, or Gun Rod of Seteco, Unsuokanail, Buffalo White Calf New Cuffee. Kostayeak, or Sharp Fellow Wataga, Chonosta, of Cowe, Chescoonwho, Bird in close of Tomotlug, Tuckasee, or Tarrapin of Hightowa, Chesetoa, or the Rabbit of Tlacoa, Chesecotetona, or Yellow Bird of the Pine Log, Sketaloska, Second Man of ‘Tillico, Benjamin Hawkins, Andw., Pickens, Jos. Martin, Lach'n M‘Intosh, Koatohee, or Corn Tassel of Toquo, Scholauetta, or Hanging Man of Chota, Tuskegatahu, or Long Fellow of Chis- tohoe, Ooskwha, or Abraham of Chilkowa, Kolakusta, or Prince of Noth, Newota, or The Gritzs of Chicamaga, Konatota, or the Rising Fawn of High- wassay, . TREATY WITH THE CHOCTAWS. 1786. 21 Chokasatahe, Chickasaw Killer Tasonta, Kowetatahee, in Frog-Town, Onanoota, of Koosoatee, Keukuch, Talkoa, Ookoseta, or Sower Mush of Kooloque, Tulatiska, of Chaway, Umatooetha, the Water Hunter, Choika- Wooaluka, the Way-layer, Chota, mawga, Tatliusta, or Porpus of Tilassi, Wyuka, of Lookout Mountain, John, of Little Tallico, Tulco, or Tom of Chatuga, Skelelak, Will, of Akoha, Akonoluchta, the Cabin, Necatee, of Sawta, Cheanoka, of Kawetakac, Amokontakona, Kutcloa, Yellow Bird. Wirxwrss:— Wm. Blount. Saml. Taylor, Major. John Owen. Jess Walton. Jno. Cowan, Capt. Commandant, Thos. Gegg. W. Hazzard. Sworn Interpreters, James Madison, Arthur Coodey.

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 2035–2348.