Early Republic · 1791

Treaty with the Cherokees (Holston), 1791

ID T-0011

Date 1791-07-02

Articles 16

Instrument Note

Parties

United States and the Cherokee Nation

Context

Executed at the Holston River in Tennessee on July 2, 1791 — negotiated under the new Constitution, four years after the Hopewell treaty. The Hopewell boundary had been immediately violated by settlers who crossed into Cherokee territory. The United States could not or would not remove them. This treaty is a renegotiation forced by that failure.

Significance

The Holston treaty is the first major post-Constitutional Cherokee instrument. Article II contains the protection formula in its full standard form. Article VI establishes a new boundary line — one that ceded additional Cherokee territory to accommodate the encroachments that had occurred since Hopewell. Article XIV promised an annuity of $1,000 annually, adjusted to $1,500 in 1792. The instrument also obligated the U.S. to supply agricultural tools and training — the 'civilization' policy formalized as a treaty term. Cherokee sovereignty and right of self-governance were explicitly acknowledged.

Legal Observation

The Holston boundary was drawn to include land already occupied by settlers the U.S. had failed to remove. The U.S. did not remove the settlers and compensate the Cherokee — it moved the boundary line to the settlers. The process: illegal encroachment, U.S. failure to enforce the prior treaty, renegotiation that legitimized the encroachment. That pattern repeats across the corpus.

ARTICLE I

There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the whole Cherokee nation of Indians.

ARTICLE II

The undersigned Chiefs and Warriors, for themselves and all parts of the Cherokee nation, do acknowledge themselves and the said Che- rokee nation, to be under the protection of the United States of Ame- rica, and of no other sovereign whosoever; and they also stipulate that the said Cherokee nation will not hold any treaty with any foreign power, individual state, or with individuals of any state.

ARTICLE III

The Cherokee nation shall deliver to the Governor of the territory of the United States of America, south of the river Ohio, on or before the first day of April next, at this place, all persons who are now pri- soners, captured by them from any part of the United States: And the United States shall on or before the same day, and at the same place, restore to the Cherokees, all the prisoners now in captivity, which the citizens of the United States have captured from them.

ARTICLE IV

The boundary between the citizens of the United States and the Cherokee nation, is and shall be as follows: Beginning at the top of the Currahee mountain, where the Creek line passes it; thence a direct line to Tugelo river; thence north east to the Occunna mountain, and over the same along the South-Carolina Indian boundary to the North- Carolina boundary; thence north to a point from which a line is to be extended to the river Clinch, that shall pass the Holston at the ridge which divides the waters running into Little River from those running into the Tennessee; thence up the river Clinch to Campbell’s line, and along the same to the top of Cumberland mountain; thence a direct July 2, 1791. Proclamation, Feb. 7, 1792. Peace and friendship per- petual. Indians ac- knowledge pro- tection of U. S. Prisoners to be restored. Boundaries. Stipulation for a road. U. S. to regu- late trade. Guarantee, No citizen to settle on Indian lands. Nor hunt on the same. Indians to de- liver up crimi- nals, TREATY WITH THE CHEROKEES. 1791. line to the Cumberland river where the Kentucky road crosses it ; thence down the Cumberland river to a point from which a south west line will strike the ridge which divides the waters of Cumberland from those of Duck river, forty miles above Nashville; thence down the said ridge to a point from whence a south west line will strike the mouth of Duck river. . : And in order to preclude forever all disputes relative to the said boundary, the same shall be ascertained, and marked plainly by three persons appointed on the part of the United States, and three Cherokees on the part of their nation. . f And in order to extinguish forever all claims of the Cherokee nation, or any part thereof, to any of the land lying to the right of the line above described, beginning as aforesaid at the Currahee mountain, it is hereby agreed, that in addition to the consideration heretofore made for the said land, the United States will cause certain valuable goods, to be immediately delivered to the undersigned Chiefs and Warriors, for the use of their nation; and the said United States will also cause the sum of one thousand dollars to be paid annually to the said Cherokee nation, And the undersigned Chiefs and Warriors, do hereby for themselves and the whole Cherokee nation, their heirs and descendants, for the considerations above-mentioned, release, quit-claim, relinquish and cede, all the land to the right of the line described, and beginning as aforesaid.

ARTICLE V

Tt is stipulated and agreed, that the citizens and inhabitants of the United States, shall have a free and unmolested use of a road from Washington district to Mero district, and of the navigation of the Ten- nessee river,

ARTICLE VI

It is agreed on the part of the Cherokees, that the United States shall have the sole and exclusive right of regulating their trade.

ARTICLE VII

The United States solemnly guarantee to the Cherokee nation, all their lands not hereby ceded.

ARTICLE VIII

If any citizen of the United States, or other person not being an Indian, shall settle on any of the Cherokees’ lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please.

ARTICLE IX

No citizen or inhabitant of the United States, shall attempt to hunt or destroy the game on the lands of the Cherokees; nor shall any citi- zen or inhabitant go into the Cherokee country, without a passport first obtained from the Governor of some one of the United States, or terri- torial districts, or such other person as the President of the United States may from time to time authorize to grant the same.

ARTICLE X

If any Cherokee Indian or Indians, or person residing among them, or who shall take refuge in their nation, shall steal a horse from, or commit a robbery or murder, or other capital crime, on any citizens or inhabitants of the United States, the Cherokee nation shall be bound to deliver him or them up, to be punished according to the laws of the United States. TREATY WITH THE CHEROKEES. 1791.

ARTICLE XI

If any citizen or inhabitant of the United States, or of either of the territorial districts of the United. States, shall go into any town, settle- ment or territory belonging to the Cherokees, and shall there commit any crime upon, or trespass against the person or property of any peace- able and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punish- able by the laws of such state or district, such offender or offenders, shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.

ARTICLE XII

In case of violence on the persons or property of the individuals of either party, neither retaliation or reprisal shall be committed by the other, until satisfaction shall have been demanded of the party of which the aggressor is, and shall have been refused.

ARTICLE XIII

The Cherokees 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 whatever, against the peace and interest of the United States.

ARTICLE XIV

That the Cherokee nation may be led to a greater degree of civiliza- tion, and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gra- tuitously the said nation with useful implements of husbandry, and further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have lands as- signed by the Cherokees for cultivation for themselves and their succes- sors in office; but they shall be precluded exercising any kind of traffic.

ARTICLE XV

All animosities for past grievances shall henceforth cease, and the contracting parties will carry the foregoing treaty into full execution with all good faith and sincerity.

ARTICLE XVI

This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States. In witness of all and every thing herein determined between the United States of America and the whole Cherokee nation, the parties have hereunto set their hands and seals, at the Treaty Ground on the bank of the Holston, near the mouth of the French Citizens of U. S. commit- ting crimes in Indian territory to be punished. restrained. Cherokees to give notice o! i esigns agains U. S. to make presents. Animosities to cease. Ratification. Feb. 17, 1792. Feb, 17, 1792. Increase of an- nual payment to Indians. ‘TREATY WITH THE CHEROKEES. 1791. Broad, within the United States, this second day of July, in the year-of our Lord, one thousand seven hundred and ninety-one, l WILLIAM BLOUNT, (u. s.) Governor in and over the Territory of the United States of America, south of the River Ohio, and Superin- tendent of Indian Affairs for the Southern District, Chuleoah, or the Boots, Squollecuttah, or Hanging Man, Occunna, or the Badger, Enoleh, or Black Fox, Nontuaka, or the Northward, Tekakiska, Chutloh, or King Fisher, Tuckaseh, or Tarrapin, Kateh, Kunnochatutloh, or the Crane, Cauquillehanah, or the Thigh, Chesquotteloneh, or Yellow Bird, Chickasawtehe, or Chickasaw Killer, Tuskegatehe, or Tuskega Killer, Kulsatehe, Tinkshalene, Sawutteh, or Slave Catcher, Aukuah, Oosenaleh, Kenotetah, or Rising Fawn, Kanetetoka, or Standing Turkey, Yonewatleh, or Bear at home, Long Will, Kunoskeskie, or John Watts, Nenetooyah, or Bloody Fellow, Chuquilatague, or Double-Head, . Koolaquab, or Big Acorn, Toowayelloh, or Bold Hunter, Jahle-oonoyebka, or Middle Striker, Kinnesah, or Cabin, Tullotehe, or Two Killer, Koulouske, or Stopt Still, Kulsatehe, Auquotague, the Little Turkey’s Son, Talohteske, or Upsetter, Cheakoneske, or Otter Lifter, Keshukaune, or She Reigns, Toonaunailoh, Teesteke, or Common Disturber, Robin M:Clemore, Skyuka, John Thompson, [nterpreter, James Cery, Interpreter. DONE IN PRESENCE OF Daniel Smith, Secretary of the Territory of the United States, south of the River Ohio. Thomas Kennedy, of Kaintuckey. James Robertson, of Mero District. Clai- borne Watkins, of Virginia. Jno. M. Whitney, of Georgia. Fauche, of Georgia, Titus Ogden, of North-Carolina. John Chisolm, of Washinton District. Robert King. Thomas Gegg. To the Indian names are subjoined a mark and seal.

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 4224–4620.